[00:00.000 --> 00:05.840] The following news flash is brought to you by the Lone Star Lowdown, providing your jelly [00:05.840 --> 00:08.360] bulletins for the commodities market. [00:08.360 --> 00:21.320] Today in history, news updates and the inside scoop into the tides of the alternative. [00:21.320 --> 00:27.720] Markets for the 19th of October, 2015 opened up with gold at $1,170.64 an ounce, silver [00:27.720 --> 00:33.920] at $15.83 an ounce, Texas crude at $47.26 a barrel, and Bitcoin is currently sitting [00:33.920 --> 00:42.440] at about $264 U.S. currency. [00:42.440 --> 00:47.880] Today in history, Monday, October 19, 1987, during the Iran-Iraq War, the United States [00:47.880 --> 00:52.880] destroyed two Iranian offshore oil platforms in the central Persian Gulf in retaliation [00:52.880 --> 00:58.440] for a missile attack on a U.S. flagged tanker. 20 to 30 Iranians on the Rostam platforms [00:58.440 --> 01:05.480] abandoned them after being warned an attack was imminent. [01:05.480 --> 01:09.640] In recent news, federal regulators said today that they plan to require recreational drone [01:09.640 --> 01:12.600] users to register their aircraft with the government. [01:12.600 --> 01:15.840] Transportation Secretary Anthony Foxx told reporters, quote, the signal we're setting [01:15.840 --> 01:20.440] today is that when you're in the national airspace, it is a very serious matter. [01:20.440 --> 01:24.200] According to the Federal Aviation Administration, pilots of passenger planes and other aircraft [01:24.200 --> 01:28.520] have been reporting more than 100 sightings or close calls with civilian drones a month, [01:28.520 --> 01:30.920] a significant increase from just last year. [01:30.920 --> 01:35.040] Under current FAA guidelines, drone owners are not supposed to fly their aircraft above [01:35.040 --> 01:39.240] 400 feet or within five miles of an airport without permission, but regulators have been [01:39.240 --> 01:41.720] unable to prosecute rulebreakers. [01:41.720 --> 01:45.040] The FAA and the Transportation Department are setting up a team composed of government [01:45.040 --> 01:48.760] officials and industry representatives to write up new regulatory codes. [01:48.760 --> 01:52.480] Foxx also stated that the group has until November 20th to finalize its recommendations [01:52.480 --> 01:56.080] that the government can set up the registry before Christmas. [01:56.080 --> 02:00.200] Registration rules will also apply to people who have already bought drones in recent years, [02:00.200 --> 02:01.640] not just new owners. [02:01.640 --> 02:10.720] The FAA stated that it will impose penalties on anyone who does not comply. [02:10.720 --> 02:14.100] The Eighth Circuit Court of Appeals will hear oral arguments Tuesday on a dispute between [02:14.100 --> 02:18.800] former Minnesota Governor Jesse Ventura and the State of America sniper author Chris Kyle. [02:18.800 --> 02:23.000] Ventura won a $1.8 million settlement last year for a passage in Kyle's book, which he [02:23.000 --> 02:24.000] said was false. [02:24.000 --> 02:28.500] Apparently, Kyle described punching out a man, which was later identified as Ventura. [02:28.500 --> 02:32.360] The issue that many First Amendment scholars are bringing up is that the judge improperly [02:32.360 --> 02:38.520] instructed jurors on the actual malice definition, which holds public figures at a higher standard, [02:38.520 --> 02:39.520] improving defamation. [02:39.520 --> 02:47.120] The Lone Star Lowdown is currently looking for sponsors, so if you apply for a service [02:47.120 --> 02:53.760] judge to advertise with us, feel free to give us a call at 210-363-2257. [02:53.760 --> 03:10.200] This has been your Lowdown for October 19, 2015. [03:10.200 --> 03:30.600] This has been your Lowdown for October 19, 2015. [03:30.600 --> 03:47.040] This has been your Lowdown for October 19, 2015. [03:47.040 --> 04:03.480] This has been your Lowdown for October 19, 2015. [04:03.480 --> 04:28.160] This has been your Lowdown for October 19, 2015. [04:28.160 --> 04:35.960] Alright folks, good evening, this is the Monday Night Rule of Law Radio Show with your host [04:35.960 --> 04:36.960] Eddie Craig. [04:36.960 --> 04:37.960] It is October 26, 2015. [04:37.960 --> 04:41.640] We just keep progressing ahead and how far ahead we're forging. [04:41.640 --> 04:46.760] It's getting harder to tell whether we're actually making progress in the areas we need [04:46.760 --> 04:49.760] to or we're actually falling further behind. [04:49.760 --> 04:52.560] We need to start keeping track of this a little better. [04:52.560 --> 04:56.640] Now, tonight, before I turn on the phones and start letting people line up on the caller [04:56.640 --> 05:01.840] board, I have some stuff I want to go over dealing with a specific charge relating to [05:01.840 --> 05:09.120] transportation here in Texas that they use to basically facilitate any other pretext [05:09.120 --> 05:12.480] of a stop that they wish and that is a speeding charge. [05:12.480 --> 05:20.360] Now, I'm going to go through each of the statutes that facilitate their ability to pursue this [05:20.360 --> 05:27.880] and make it look good but then I'm also going to explain why we fight it, how we fight it [05:27.880 --> 05:33.560] and the statutes that apply to fighting it and some common sense that applies to fighting [05:33.560 --> 05:34.560] it. [05:34.560 --> 05:35.560] So, this will take a few segments. [05:35.560 --> 05:40.200] Hopefully, I'll have it done before the top of the hour so we can start taking calls but [05:40.200 --> 05:41.200] I don't know that for sure. [05:41.200 --> 05:46.080] I haven't timed this out to find out so we just have to take it to play it by ear. [05:46.080 --> 05:51.640] All right, now if you've ever listened to this show for any period of time, gone back [05:51.640 --> 05:56.240] and listened to the archives or been to my class, a lot of this will sound very familiar [05:56.240 --> 05:57.480] to you. [05:57.480 --> 06:01.400] Some of it's new as far as how we're going to attach it together but I want everybody [06:01.400 --> 06:04.840] to have an understanding of how this works. [06:04.840 --> 06:11.680] One of the most time intensive things that I get is phone calls from people that are [06:11.680 --> 06:20.360] being pulled over right then when I get called and nine times out of ten, they're not prepared [06:20.360 --> 06:22.920] when they get stopped, all right? [06:22.920 --> 06:26.360] And by not prepared, I mean they're not familiar with the script, they don't know what they're [06:26.360 --> 06:30.280] supposed to say, they don't know what they're supposed to do or not do, they didn't lock [06:30.280 --> 06:35.160] their car doors, they didn't turn their cameras and recording devices on, they basically just [06:35.160 --> 06:39.120] didn't prepare for getting stopped. [06:39.120 --> 06:44.320] Even though they were doing things that should have raised a red flag in anyone else's mind [06:44.320 --> 06:46.840] that, hey, this is liable to get me stopped. [06:46.840 --> 06:51.800] It's fine if that's what you want to do but it's better if you're prepared when you do [06:51.800 --> 06:53.800] it, okay? [06:53.800 --> 06:58.560] It's one thing to step on a landmine in order to get it where you can disarm it and get [06:58.560 --> 06:59.560] rid of it. [06:59.560 --> 07:05.160] It's another to step on it and not be prepared to get off of it again, okay? [07:05.160 --> 07:09.320] So for those of you that haven't been through this, pay close attention. [07:09.320 --> 07:13.440] For those of you that have heard and been through this, pay closer attention because [07:13.440 --> 07:16.200] you're mostly likely still doing it wrong. [07:16.200 --> 07:18.120] So listen up. [07:18.120 --> 07:25.040] The first thing we need to understand is what a speeding charge is and is not in Texas. [07:25.040 --> 07:28.680] Texas has only what is called prima facie speed limits. [07:28.680 --> 07:31.400] They are not set in stone. [07:31.400 --> 07:36.680] Now there are multiple points of argument relating to any charge in the transportation [07:36.680 --> 07:37.680] code. [07:37.680 --> 07:42.200] The last one we're going to discuss tonight is the constitutionality of the code itself. [07:42.200 --> 07:49.760] But up to that point, I want to show you how they could lose this 10 different ways. [07:49.760 --> 07:54.480] Even if a court said that it was constitutional, they would still lose as long as you know [07:54.480 --> 07:57.240] what you're doing and how to do it. [07:57.240 --> 07:59.480] So listen carefully. [07:59.480 --> 08:06.120] The transportation code by definition and terminology regulates transportation, which [08:06.120 --> 08:09.320] the private public is not in. [08:09.320 --> 08:12.840] We're not engaging in transportation. [08:12.840 --> 08:21.720] Yet the state asserts right off the bat what they consider to be an irrebuttable presumption, [08:21.720 --> 08:24.640] which is a violation of due process. [08:24.640 --> 08:32.200] Presumptions cannot be irrebuttable because a presumption of fact is all they're going [08:32.200 --> 08:34.000] on here, not of law. [08:34.000 --> 08:36.440] This is very important to understand. [08:36.440 --> 08:41.520] They are making presumptions of fact, not of law. [08:41.520 --> 08:51.080] And those facts must be proven at trial in order for due process to be fully served. [08:51.080 --> 08:57.000] And one of those facts here that they're using the presumption to circumvent and put in place [08:57.000 --> 09:04.320] without any evidence is that you were engaged in the regulable activity over which the transportation [09:04.320 --> 09:07.960] code has authority. [09:07.960 --> 09:09.220] It's presumed. [09:09.220 --> 09:10.680] It's never proven. [09:10.680 --> 09:12.280] It's never argued. [09:12.280 --> 09:19.600] There's never any evidence brought forth unless you happen to be a CDL holder or they testify [09:19.600 --> 09:25.560] that you produced something necessary and ancillary, any of the accouterments, in other [09:25.560 --> 09:31.080] words, of transportation, license, registration, proof of financial responsibility, those things [09:31.080 --> 09:36.120] that those engaged in transportation are required to have. [09:36.120 --> 09:41.760] Once you produce one of those and hand them over, you have confessed to its applicability [09:41.760 --> 09:43.040] to the situation. [09:43.040 --> 09:48.560] Thus, it is no longer an irrebuttable presumption. [09:48.560 --> 09:54.880] Now this is one of the things they do not tell you about the requirement, quote unquote, [09:54.880 --> 10:00.800] in the statute that you must give a license to any officer that demands it. [10:00.800 --> 10:04.700] By doing that, you are waiving your right to remain silent. [10:04.700 --> 10:08.680] You are waiving your right not to produce information that can be used against you in [10:08.680 --> 10:09.680] a court of law. [10:09.680 --> 10:14.440] And you are waiving your right not to produce information that can potentially incriminate [10:14.440 --> 10:18.840] you in some way. [10:18.840 --> 10:25.880] Therefore we must challenge the statute requiring production of the license as unconstitutionally [10:25.880 --> 10:35.640] violated of our right of due process, i.e., our right to remain silent. [10:35.640 --> 10:42.080] Get any cop on the stand and ask him straight out, officer, if I had produced a license [10:42.080 --> 10:48.000] to you and it had been, let's just say, for example, three days past my birth date and [10:48.000 --> 10:51.560] the expiration date of the license, could you have charged me with something? [10:51.560 --> 10:54.720] Why certainly. [10:54.720 --> 10:56.560] There you go. [10:56.560 --> 11:01.240] If the address on it was no longer the correct address and I had been moved more than 30 [11:01.240 --> 11:03.240] days, could you charge me with something? [11:03.240 --> 11:05.120] Oh, absolutely. [11:05.120 --> 11:11.840] And would you have used that license after it was given to you as the means of proving [11:11.840 --> 11:13.480] that the allegation was true? [11:13.480 --> 11:14.480] Oh, certainly. [11:14.480 --> 11:15.480] I sure would have. [11:15.480 --> 11:16.480] I would have had to. [11:16.480 --> 11:18.560] That would be the information I had on hand. [11:18.560 --> 11:22.360] That would be my evidence. [11:22.360 --> 11:29.600] How could you not have a right to refuse in that case? [11:29.600 --> 11:33.080] These are the things they don't want you to know and understand. [11:33.080 --> 11:39.400] They don't care to tell you because it interrupts their ability to steal your money. [11:39.400 --> 11:44.760] They don't consider these things because it's become so much of a common thing that all [11:44.760 --> 11:52.120] you're supposed to do is shut up and pay that they will rig the trial in any way they can [11:52.120 --> 11:57.760] to prevent you from getting any of the information that would be exculpatory and in your favor [11:57.760 --> 12:00.400] introduced. [12:00.400 --> 12:07.960] And yet, as a matter of due process and of law, they are required to produce and allow [12:07.960 --> 12:14.960] the entry of any affirmative defenses and any exculpatory evidence that disproves the [12:14.960 --> 12:19.640] allegation is admissible at trial. [12:19.640 --> 12:25.640] And yet, here's the other thing they do that they don't tell you. [12:25.640 --> 12:32.720] The court refuses to allow you to introduce a statute and make any argument relating to [12:32.720 --> 12:39.400] the statute as if it is the controlling law, okay? [12:39.400 --> 12:45.640] You are not allowed to rebut the allegation using the very statute that the other side [12:45.640 --> 12:51.440] is arguing that your charge is based upon. [12:51.440 --> 12:52.920] You get it? [12:52.920 --> 12:58.720] You cannot defend the allegation using the exact same thing the other side is allowed [12:58.720 --> 13:01.880] to use to make it. [13:01.880 --> 13:06.560] Where's fair and impartial in that scenario? [13:06.560 --> 13:12.800] Well, Judge, we charged them under 545.351, but we ask that you not let them argue any [13:12.800 --> 13:18.960] of the points in 545.351 so that we can win this case hands down and we don't have to [13:18.960 --> 13:23.720] prove every element because you're going to help us prevent them from saying that all [13:23.720 --> 13:28.100] the elements weren't proven by preventing them from asking any questions or introducing [13:28.100 --> 13:32.400] the statute to show what elements are actually required. [13:32.400 --> 13:37.360] We're just going to let the jury believe we proved everything we had to. [13:37.360 --> 13:41.120] Again, where is fair and impartial in that? [13:41.120 --> 13:42.600] It doesn't exist. [13:42.600 --> 13:44.960] It never has. [13:44.960 --> 13:53.440] So, in relation to the statutes and in relation to how this begins, production of any of the [13:53.440 --> 13:58.740] accouterments of transportation is your first downfall, that's an introduction of evidence [13:58.740 --> 14:02.920] that proves you were engaged in the regulated activity. [14:02.920 --> 14:10.400] Then, they criminalize the exercise of your right to remain silent by charging you with [14:10.400 --> 14:17.360] several things, non-production of the driver's license, anything else you failed to produce [14:17.360 --> 14:20.420] such as proof of financial responsibility. [14:20.420 --> 14:26.400] They may even take you to jail alleging that you did not identify yourself when there is [14:26.400 --> 14:32.680] no law requiring you to produce identification in a physical form. [14:32.680 --> 14:40.200] These are all the things they try to do to steal our money. [14:40.200 --> 14:49.200] The system is rigged, it is corrupt, it has been that way from the beginning. [14:49.200 --> 14:56.040] The very code itself was designed for that purpose when it was recodified in 1995. [14:56.040 --> 14:59.520] Everything in it was a blatant lie from the beginning. [14:59.520 --> 15:06.280] Now, in relation to speeding, let's see exactly how that's going to play out as we progress [15:06.280 --> 15:11.600] through any such allegation through any of the proceedings that are going to be held [15:11.600 --> 15:16.920] such as your initial appearance, motions, hearings, anything they're supposed to do. [15:16.920 --> 15:22.280] Now, you're going to also see that there's going to be terminology in the statutes when [15:22.280 --> 15:28.880] we start discussing them that they're going to argue creates a legal duty upon you and [15:28.880 --> 15:32.880] I under the transportation code. [15:32.880 --> 15:38.680] But then they're going to argue during your trial and everything leading up to your trial [15:38.680 --> 15:44.800] that they are not required to do what they have a legal duty to do because that same [15:44.800 --> 15:51.980] term means something different when it's applied to them within the Code of Criminal Procedure. [15:51.980 --> 15:58.360] You're going to see the double standard in action here and I'll explain all that as we [15:58.360 --> 15:59.360] get through this. [15:59.360 --> 16:02.320] I'm not going to get into it right now before the end of this segment because we're coming [16:02.320 --> 16:04.960] up on just a few seconds before we go to break. [16:04.960 --> 16:09.280] But when I get back on the next segment, I will go into this step by step and I'm going [16:09.280 --> 16:15.480] to show you all of the arguments on how to argue against a speeding allegation. [16:15.480 --> 16:17.160] All the statutes are going to be there. [16:17.160 --> 16:19.000] All the common sense is going to be there. [16:19.000 --> 16:24.240] All you have to do is learn to put it into a written pleading and an oral argument and [16:24.240 --> 16:30.040] stand your ground. [16:30.040 --> 16:35.720] Make sure you do everything in your case in writing first and foremost. [16:35.720 --> 16:41.080] Make sure you understand every point you make with what you wrote because if you're asked [16:41.080 --> 16:47.080] to argue it, then you need to make sure that you cover all of the salient points when you [16:47.080 --> 16:48.080] go through it. [16:48.080 --> 16:51.720] Otherwise, you're going to nullify part of your written pleadings and objection. [16:51.720 --> 16:54.320] All right, folks, we're going to go to break. [16:54.320 --> 17:00.760] Y'all hang in there and I will be right back. [17:00.760 --> 17:05.360] Through advances in technology, our lives have greatly improved, except in the area [17:05.360 --> 17:06.760] of nutrition. [17:06.760 --> 17:11.520] People feed their pets better than they feed themselves and it's time we changed all that. [17:11.520 --> 17:17.160] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.160 --> 17:23.560] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [17:23.560 --> 17:25.720] provide the nutrients you need. [17:25.720 --> 17:30.640] Logos Radio Network gets many requests to endorse all sorts of products, most of which [17:30.640 --> 17:31.760] we reject. 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[19:00.000 --> 19:29.920] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:29.920 --> 19:38.600] All right, folks. [19:38.600 --> 19:39.600] We are back. [19:39.600 --> 19:40.600] All right. [19:40.600 --> 19:44.980] Now, let's start going through this here step by step. [19:44.980 --> 19:49.520] First off, we need to understand, as I said before, the Texas Transportation Code deals [19:49.520 --> 19:52.160] with transportation. [19:52.160 --> 19:54.920] Transportation is commercial use of the highways. [19:54.920 --> 20:01.760] It does not apply to you and I in our common conveyance going back and forth on our own [20:01.760 --> 20:04.160] private personal business. [20:04.160 --> 20:12.120] We are regulated by our free will and our exercise of rights and the limitations of [20:12.120 --> 20:20.160] that exercise that prohibit us from initiating use of force or actions that cause harm to [20:20.160 --> 20:25.760] another person or their property or their rights. [20:25.760 --> 20:33.040] That is the only limit that you and I have and the only thing our government has to do [20:33.040 --> 20:36.440] in relation to you and me. [20:36.440 --> 20:41.520] Till we have a complaint against someone for harming us or they have one against us for [20:41.520 --> 20:49.040] harming them, government has no business in our life, not taxing us, definitely not stealing [20:49.040 --> 20:55.480] our property, not converting it into public use for somebody else's benefit and financial [20:55.480 --> 20:58.880] gain, none of it. [20:58.880 --> 21:05.160] But of course, we've been lackadaisical and stupid too long and now here we are. [21:05.160 --> 21:10.160] But just so we understand where we begin with this, the first thing you need to understand [21:10.160 --> 21:13.440] is the term transportation itself. [21:13.440 --> 21:18.640] It's not defined in the transportation code, nor is it defined in any other code in all [21:18.640 --> 21:20.400] of Texas. [21:20.400 --> 21:24.240] No code defines the term transportation. [21:24.240 --> 21:30.720] The hierarchy for definitions as they apply in law are very simple. [21:30.720 --> 21:34.940] The law itself is the first. [21:34.940 --> 21:38.240] Does the law contain a definition? [21:38.240 --> 21:44.920] If the law contains a definition, is that definition consistent in the statute that's [21:44.920 --> 21:49.080] sitting on top of the law that they actually apply? [21:49.080 --> 21:52.760] Remember, the statute is not the law. [21:52.760 --> 22:00.080] It is only evidence that a law allegedly exists upon which it is based. [22:00.080 --> 22:03.520] So never trust a statute on its face. [22:03.520 --> 22:11.440] Always trace it back to the underlying law and confirm that they are the same. [22:11.440 --> 22:18.200] So the statute does not define transportation. [22:18.200 --> 22:23.560] The law underlying the statute does not define transportation, so where does it leave us? [22:23.560 --> 22:27.720] Well one being the law, the next one down is what? [22:27.720 --> 22:31.160] A legal dictionary. [22:31.160 --> 22:36.320] Now the legal dictionary is not to be cited as the authority. [22:36.320 --> 22:42.600] Never go into a courtroom and say, well, black's law says, because that's going to get you [22:42.600 --> 22:45.480] hammered right there. [22:45.480 --> 22:51.240] Black's law doesn't say anything, it can't. [22:51.240 --> 22:54.360] It is not the authority. [22:54.360 --> 23:01.840] The authority is the case law that is written into black's law for the definition that you [23:01.840 --> 23:05.360] are addressing. [23:05.360 --> 23:11.320] Or you need copies of the case law associated with the definition that you are trying to [23:11.320 --> 23:15.160] get the court to hear. [23:15.160 --> 23:19.160] Do not cite black's law. [23:19.160 --> 23:28.640] Cite the case law that formulated the definition contained in black's. [23:28.640 --> 23:40.080] Then you can say, according to green railroad versus ABC court in 1967, the United States [23:40.080 --> 23:47.140] Supreme Court ruled that transportation is comprised of acts performed by a carrier for [23:47.140 --> 23:50.120] compensation or hire. [23:50.120 --> 23:55.840] That definition or that case is the founding definition of the term as found in black's [23:55.840 --> 23:57.760] law. [23:57.760 --> 24:03.400] That case is the controlling definition of the terminology unless the Texas legislature [24:03.400 --> 24:05.800] defined it otherwise. [24:05.800 --> 24:07.560] And they have not. [24:07.560 --> 24:14.760] And I defy the prosecution to produce any definition and any code in all of Texas where [24:14.760 --> 24:19.840] it has been so done by the legislature. [24:19.840 --> 24:27.080] That's how you cite it, not by black's law. [24:27.080 --> 24:35.360] Now and in the case of the definition of transportation, there is actually two cases cited there. [24:35.360 --> 24:38.480] And those two together formulate that definition. [24:38.480 --> 24:40.400] So you want to cite them both. [24:40.400 --> 24:43.800] And you'll make the same points the court did about the definition when you quote the [24:43.800 --> 24:45.920] case law. [24:45.920 --> 24:47.640] But don't cite black's. [24:47.640 --> 24:49.080] It's not authoritative. [24:49.080 --> 24:50.560] It has no authority. [24:50.560 --> 24:53.280] Only the case law in it does. [24:53.280 --> 25:01.840] But you will need full, unedited, unenhanced, okay, copies of the case. [25:01.840 --> 25:05.360] So try to get that. [25:05.360 --> 25:11.240] Now in relation to the statutes, here's the first thing you need to understand if we're [25:11.240 --> 25:17.640] going to argue merits rather than constitutionality or transportation in the beginning. [25:17.640 --> 25:19.640] Remember who bears the burden of proof. [25:19.640 --> 25:22.600] It is the prosecution for the state. [25:22.600 --> 25:25.200] Whatever that pretender may be. [25:25.200 --> 25:31.800] A city attorney under no portion of the constitution is authorized to act as an attorney for the [25:31.800 --> 25:33.380] state. [25:33.380 --> 25:38.360] Even the statutes don't do it except for 45.201. [25:38.360 --> 25:47.520] And it would have to be fought as being unconstitutional on its face because it provides a power that [25:47.520 --> 25:50.640] cannot be delegated. [25:50.640 --> 25:54.240] The prosecutorial power of the state. [25:54.240 --> 25:59.880] The constitution assigns that power just like the power to create law is assigned directly [25:59.880 --> 26:01.960] to the legislature. [26:01.960 --> 26:06.200] The power to prosecute in the name of the state is assigned directly to the county and [26:06.200 --> 26:08.720] district attorneys. [26:08.720 --> 26:13.720] Not to anyone else, okay? [26:13.720 --> 26:17.280] Their office holds that power. [26:17.280 --> 26:24.440] Now if the constitution says the elected county or district attorney, then I would argue that [26:24.440 --> 26:31.920] the courts are violating the constitution yet again by saying that a deputy prosecutor [26:31.920 --> 26:35.080] can do the job. [26:35.080 --> 26:39.880] Because none of the deputies are elected. [26:39.880 --> 26:44.600] So it's very important that we understand what the Texas constitution says in relation [26:44.600 --> 26:47.120] to who can prosecute. [26:47.120 --> 26:51.280] But back to the transportation issue. [26:51.280 --> 26:57.480] When they attempt to do this, the burden of proof remains on them to show several things. [26:57.480 --> 27:03.200] The first of which that they do by presumption only is that you were engaged in transportation. [27:03.200 --> 27:08.560] Because if you were not, it's irrelevant what is in that code. [27:08.560 --> 27:17.440] Because you cannot commit any offense in it if you are not engaged in transportation. [27:17.440 --> 27:22.360] But going to merits, we won't be making the argument not engaged in transportation. [27:22.360 --> 27:27.240] Merits means that we've consented to that allegation and that presumption and now we're [27:27.240 --> 27:29.240] having to go forward on merits. [27:29.240 --> 27:31.760] So let's start with merits. [27:31.760 --> 27:37.120] Here is something the prosecutor cannot refute and refuses to try even though the burden [27:37.120 --> 27:41.080] of proof is on them to do so. [27:41.080 --> 27:46.920] Section 201.904 of the Texas Transportation Code is labeled Speed Signs. [27:46.920 --> 27:49.680] That's the title of that section. [27:49.680 --> 27:52.620] It's very short and it reads very simply. [27:52.620 --> 27:57.880] The Department, in this case Department is defined in this section or in this chapter [27:57.880 --> 28:01.360] as the Department of Transportation. [28:01.360 --> 28:03.200] Okay? [28:03.200 --> 28:04.320] Understand that. [28:04.320 --> 28:08.400] That means in this context Department of Transportation. [28:08.400 --> 28:14.080] The Department of Transportation shall erect and maintain on the highways and roads of [28:14.080 --> 28:20.760] this state appropriate signs that show the maximum lawful speed for commercial motor [28:20.760 --> 28:32.660] vehicles, truck tractors, truck trailers, truck semi-trailers, and motor vehicles engaged [28:32.660 --> 28:38.200] in the business of transporting passengers for compensation or hire and in parentheses [28:38.200 --> 28:41.440] the word buses. [28:41.440 --> 28:44.800] That is all of 201.904. [28:44.800 --> 28:52.640] That is the only section of the entire transportation code that tells you specifically what a speed [28:52.640 --> 29:00.360] sign does and who it does it to. [29:00.360 --> 29:02.400] But they ignore this statute. [29:02.400 --> 29:10.880] They take it as if it doesn't exist and they run all the way over the 545.351 and 352 of [29:10.880 --> 29:13.320] the transportation code. [29:13.320 --> 29:16.680] And when they do that this is what they go for. [29:16.680 --> 29:24.040] In 545.352 they look at the section where it says that prima facie speed limits. [29:24.040 --> 29:25.040] All right? [29:25.040 --> 29:28.240] It's kind of lengthy so I'm not going to read it all but this is kind of what you have to [29:28.240 --> 29:33.520] understand prima facie speed limits A and B and I'll cover those when we get back on [29:33.520 --> 29:36.720] the other side so y'all hang in there and listen up. [29:36.720 --> 29:37.960] All right, folks. [29:37.960 --> 29:40.960] This is the Monday Night Rule of Law radio show with your host Eddie Craig. [29:40.960 --> 29:46.360] We are talking about how to fight and defend a speeding allegation in Texas and if your [29:46.360 --> 29:51.560] state has prima facie speed limits you need to find the correct portions in your statutes [29:51.560 --> 29:56.160] and underlying law that do the same thing and make a war with it. [29:56.160 --> 29:57.160] All right, folks. [29:57.160 --> 29:58.160] We'll be right back. [29:58.160 --> 30:14.620] Lemme show you what's going on. [30:14.620 --> 30:20.820] bars. Privacy is under attack. When you give up data about yourself, you'll never get it [30:20.820 --> 30:25.740] back again. And once your privacy is gone, you'll find your freedoms will start to vanish [30:25.740 --> 30:32.740] too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, [30:33.100 --> 30:38.160] it's worth hanging on to. This message is brought to you by Startpage.com, the private [30:38.160 --> 30:45.160] search engine alternative to Google, Yahoo, and Bing. Start over with Startpage. Have [30:45.540 --> 30:49.540] you ever created a pseudonym on a website or made yourself sound a little better on [30:49.540 --> 30:54.020] Match.com? You may not have known it, but under a federal anti-hacking law, you are [30:54.020 --> 30:59.300] actually committing a felony. No joke. Under the Computer Fraud and Abuse Act, doing something [30:59.300 --> 31:04.560] as innocuous as fudging your weight on a Facebook profile could get you arrested and prosecuted [31:04.560 --> 31:09.980] as a cyber criminal. Enacted in the 80s, the law has been broadened four times and now [31:09.980 --> 31:15.300] applies to any violation of any internet service agreement, such as knowingly providing false [31:15.300 --> 31:21.020] information about yourself. Hey, can we use this law to hold politicians to their political [31:21.020 --> 31:28.020] promises? I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine. [31:51.020 --> 31:58.020] We're going to have to stand and defend our own rights. Among those rights are the right [32:14.600 --> 32:17.880] to travel freely from place to place, the right to act in our own private capacity, [32:17.880 --> 32:22.000] and most importantly, the right to due process of law. Traffic courts afford us the least [32:22.000 --> 32:26.040] expensive opportunity to learn how to enforce and preserve our rights through due process. [32:26.040 --> 32:30.040] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.040 --> 32:33.840] most comprehensive teaching tool available that will help you understand what due process [32:33.840 --> 32:37.840] is and how to hold courts to the rule of law. You can get your own copy of this invaluable [32:37.840 --> 32:42.160] material by going to RuleOfLawRadio.com and ordering your copy today. By ordering now, [32:42.160 --> 32:45.480] you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus [32:45.480 --> 32:49.760] the Lie, video and audio of your original 2009 seminar, hundreds of research documents [32:49.760 --> 32:53.040] and other useful resource material. Learn how to fight for your rights with the help [32:53.040 --> 32:57.280] of this material from RuleOfLawRadio.com. Order your copy today and together we can [32:57.280 --> 33:16.280] have the free society we all want and deserve. [33:16.280 --> 33:31.280] The Texas Toronto Call Background Music [33:31.280 --> 33:44.280] The Texas Toronto Call Background Music [33:44.280 --> 33:59.400] all right folks we are back this is rule of law radio all right let's continue on with [33:59.400 --> 34:06.800] this now like i said 545.352 prima facie speed limits subsection a and b i'm only going to [34:06.800 --> 34:14.640] go into a fully and b only partially subsection a a speed in excess of the limits established [34:14.640 --> 34:19.760] by subsection b or under another provision of this subchapter is prima facie evidence [34:19.760 --> 34:25.840] that the speed is not reasonable and prudent and that the speed is unlawful b unless a [34:25.840 --> 34:32.760] special hazard exists that requires a slower speed for compliance with section 545.351b [34:32.760 --> 34:37.880] the following speeds are lawful and then it goes into a list of all the various speed [34:37.880 --> 34:45.640] limits and the vehicles and so on and so forth and the locations now the problem with 352 [34:45.640 --> 34:55.120] is there's nothing in here that says a person shall or shall not do anything okay nothing [34:55.120 --> 35:04.040] they cannot in any way shape or form charge you under 545.352 and if they do then you [35:04.040 --> 35:09.880] can argue that the complaint does not charge an offense upon which relief can be granted [35:09.880 --> 35:17.400] and it doesn't in fact there's no offense listed here at all there is no duty under [35:17.400 --> 35:25.320] the law here because there is no alleged command to anyone a person commits an offense if a [35:25.320 --> 35:35.080] person shall not do this or shall do this does not appear in 545.352 so let's look [35:35.080 --> 35:42.000] at the other one they like to use which is 545.351 and the one that actually would apply [35:42.000 --> 35:52.860] if such an offense existed 545.351 reads thusly maximum speed requirement subsection a an [35:52.860 --> 35:58.720] operator may not drive at a speed greater than is reasonable and prudent under the circumstances [35:58.720 --> 36:07.880] then existing now right there they've blown 352 out of the water because right there the [36:07.880 --> 36:15.220] prima facie speed limit is exactly that it's the one painted on the sign and we've already [36:15.220 --> 36:27.120] seen under 201.904 to whom that sign applies therefore an operator here must be someone [36:27.120 --> 36:37.080] operating one of the commercial motor vehicles that is in 201.904 it can't be just any vehicle [36:37.080 --> 36:48.520] even if it's a motor vehicle it must be one of those listed in 201.904 that's the part [36:48.520 --> 36:56.020] they want to keep separate because right here the moment they pull you over in your private [36:56.020 --> 37:01.880] automobile and charge you under this they're committing fraud and it's a knowing fraud [37:01.880 --> 37:10.280] this is not a mistake of law it cannot be a mistake of law if it can be a mistake of [37:10.280 --> 37:18.640] law for them not to know this then why isn't it a mistake of law for them to apply it i'm [37:18.640 --> 37:22.680] sorry judge i'm completely innocent because the idiot over here with the badge made a [37:22.680 --> 37:29.320] mistake of law applying a commercial statute to a non-commercial traveler oh well we ain't [37:29.320 --> 37:35.280] going to buy that but that's the law well we're going to accuse you anyway and you're [37:35.280 --> 37:40.280] going to have to prove it objection judge the burden of proof does not lie on me it [37:40.280 --> 37:46.080] lies on the prosecutor and the prosecutor cannot prove the allegation because they cannot [37:46.080 --> 37:54.480] prove i was engaged in the regulable activity of transportation i don't care this is what [37:54.480 --> 38:01.640] you're up against but it is imperative that you don't lose hope and you don't give up [38:01.640 --> 38:06.840] it's imperative that you keep your wits you do what needs to be done and you argue and [38:06.840 --> 38:15.200] document and fight this correctly so pay attention operator here must be someone in one of the [38:15.200 --> 38:22.280] vehicles listed in 201.904 they cannot extrapolate that into anything else because right here [38:22.280 --> 38:27.720] the speed limits in 352 are the exact same speed limits that are on those signs that [38:27.720 --> 38:39.900] says those signs apply here to these vehicles doesn't list anything else now when you go [38:39.900 --> 38:48.200] to B of 351 it reads this an operator one may not drive a vehicle at a speed greater [38:48.200 --> 38:54.940] than is reasonable and prudent under the conditions and having regard for actual and potential [38:54.940 --> 39:02.520] hazards than existing okay now just so we know how this works what you see what you [39:02.520 --> 39:08.200] saw or heard a moment ago down here in 352 a speed next this is a a speed in excess of [39:08.200 --> 39:13.760] the limits established by subsection b of 352 or under another provision of this subchapter [39:13.760 --> 39:17.280] is prima facie evidence that the speed is not reasonable and prudent that the speed [39:17.280 --> 39:24.200] is unlawful and up here already we've seen in 351 in a and b speed that is greater than [39:24.200 --> 39:31.200] reasonable and prudent under the circumstances than existing also b in 352 which says unless [39:31.200 --> 39:39.320] a special hazard exists well right up here in 351b we are getting a list of those hazards [39:39.320 --> 39:46.720] okay and here they are when you go from b1 which again may not drive a vehicle at a speed [39:46.720 --> 39:51.440] greater than is reasonable and prudent under the conditions and having regard for actual [39:51.440 --> 39:57.000] and potential hazards than existing and two shall control the speed of the vehicle as [39:57.000 --> 40:02.080] necessary to avoid colliding with another person or vehicle that is on or entering the [40:02.080 --> 40:09.680] highway in compliance with law and the duty of each person to use due care an operator [40:09.680 --> 40:20.160] this subsection c an operator consistent with subsections a and b of 351 drive at an appropriate [40:20.160 --> 40:26.640] reduced speed if and here we have our list of potential hazards one the operator is approaching [40:26.640 --> 40:31.680] and crossing an intersection or railroad grade crossing two the operator is approaching and [40:31.680 --> 40:37.200] going around a curve three the operator is approaching a hillcrest four the operator [40:37.200 --> 40:42.920] is traveling on a narrow or winding roadway and five a special hazard exists with regard [40:42.920 --> 40:48.920] to traffic including pedestrians or weather or highway conditions that's all there is [40:48.920 --> 40:58.560] in 351 folks and none of it stands by itself 351a an operator may not drive at a speed [40:58.560 --> 41:03.160] greater than is reasonable and prudent under the circumstances than existing cannot be [41:03.160 --> 41:11.800] the sole source of the allegation the reason for that is nothing up there is defined everything [41:11.800 --> 41:19.680] up there is up to the interpretation of whoever wrote the ticket as it exists if a is the [41:19.680 --> 41:25.920] only thing they're allowed to use then it is entirely officer discretion as to who is [41:25.920 --> 41:33.000] in an operator and what is reasonable and prudent and what circumstances constitute [41:33.000 --> 41:41.840] reasonable and prudent it's entirely arbitrary but the law cannot be arbitrary it cannot [41:41.840 --> 41:53.960] be vague and ambiguous it cannot be nonspecific therefore we must argue that a cannot be used [41:53.960 --> 42:04.520] as a standalone allegation a must be taken in the context of b where it goes into specifics [42:04.520 --> 42:11.960] about the operator an operator may not drive a vehicle to speed greater than is reasonable [42:11.960 --> 42:18.280] and prudent under the conditions and having regard for actual and potential hazards than [42:18.280 --> 42:25.520] existing all right let me give you an example i went down i-35 today through the different [42:25.520 --> 42:32.640] zones on the highway some marked 60 some marked 70 some marked 75 some marked 80 out on the [42:32.640 --> 42:39.080] toll road traffic was except in the construction areas where it was kind of jam-packed for [42:39.080 --> 42:45.920] a little bit was basically spread out and fast moving if i am keeping pace with traffic [42:45.920 --> 42:54.920] or even if i am exceeding the pace of traffic what is not reasonable and prudent if i have [42:54.920 --> 43:04.000] done nothing to cause someone else to have an accident to make them fear that i was going [43:04.000 --> 43:11.960] to make them have an accident or that i myself have failed to exercise due care to prevent [43:11.960 --> 43:21.000] a collision with anyone or anything else or lose control of my car how can the officer [43:21.000 --> 43:29.280] make a determination that i did not act reasonably and prudently under the circumstances and [43:29.280 --> 43:37.640] that i did not exercise due care because until they can show that a collision with persons [43:37.640 --> 43:48.120] or property occurred they can't because it's all opinion there's no facts to back it up [43:48.120 --> 43:54.440] it's subjective and again not something that they can adjudicate all right folks we'll [43:54.440 --> 44:02.560] continue this when we get back y'all hang in there are you the plaintiff or defendant [44:02.560 --> 44:08.640] in a lawsuit win your case without an attorney with jurisdictionary the affordable easy to [44:08.640 --> 44:15.840] understand 4 cd course that will show you how in 24 hours step by step if you have a [44:15.840 --> 44:21.240] lawyer know what your lawyer should be doing if you don't have a lawyer know what you should [44:21.240 --> 44:28.600] do for yourself thousands have won with our step-by-step course and now you can too jurisdictionary [44:28.600 --> 44:34.760] was created by a licensed attorney with 22 years of case winning experience even if you're [44:34.760 --> 44:39.880] not in a lawsuit you can learn what everyone should understand about the principles and [44:39.880 --> 44:45.560] practices that control our american courts you'll receive our audio classroom video [44:45.560 --> 44:54.880] seminar tutorials forms for civil cases pro se tactics and much more please visit ruleoflawradio.com [44:54.880 --> 45:05.800] and click on the banner or call toll-free 866-LAW-EZ hello my name is steward smith from [45:05.800 --> 45:11.280] naturespureorganics.com and i would like to invite you to come by our store at 1904 guadalupe [45:11.280 --> 45:16.480] street sweet d here in austin texas iron brave new books and jay pay to see all our fantastic [45:16.480 --> 45:20.840] health and wellness products with your very own eyes have a look at our miracle healing [45:20.840 --> 45:24.920] clay that started our adventure in alternative medicine take a peek at some of our other [45:24.920 --> 45:29.960] wonderful products including our australian emu oil lotion candles olive oil soaps and [45:29.960 --> 45:38.560] colloidal silver and gold call 512-264-4043 or find us online at naturespureorganics.com [45:38.560 --> 45:46.320] that's 512-264-4043 naturespureorganics.com don't forget to like us on facebook for information [45:46.320 --> 46:03.880] on events and our products naturespureorganics.com [46:03.880 --> 46:33.800] all right folks we are back and [46:33.800 --> 46:41.460] continuing on with this discussion on fighting speeding tickets in texas all right now like [46:41.460 --> 46:49.520] i said 351 requires that you fail to exercise due care under the circumstances and conditions [46:49.520 --> 46:57.480] then existing and therefore did not behave reasonably and prudently and those actions [46:57.480 --> 47:07.960] or inactions resulted in damage to persons or property then and only then would the criteria [47:07.960 --> 47:14.320] necessary to charge you with an offense be met according to this statute now here's the [47:14.320 --> 47:23.160] thing notice it does not say shall not it says an operator may not doesn't say they [47:23.160 --> 47:33.960] shall not says they may not may is not mandatory and the reason it's may and not shall is because [47:33.960 --> 47:41.000] the speed limits are only prima facie they are not set in stone so it is completely utterly [47:41.000 --> 47:48.000] arbitrary for any police department or officer to say well i give them five percent over [47:48.000 --> 47:53.320] and i won't take it if they're five percent over who the hell is he who gave him the authority [47:53.320 --> 47:59.600] to change the speed limit if he's so dead set on the fact that that's what it is it's [47:59.600 --> 48:07.760] because it isn't and he probably knows this though i wouldn't really bank on what these [48:07.760 --> 48:15.280] cops nowadays actually know or understand because apparently it's not a lot but the [48:15.280 --> 48:21.320] fact of the matter is who gave him the power to make it arbitrary nothing in this says [48:21.320 --> 48:27.520] it's at officer discretion nothing but you have to understand that everything in this [48:27.520 --> 48:39.800] code is officer discretion isn't it if it doesn't say shall then it's not a duty it's [48:39.800 --> 48:48.000] not a command and we all know that there are plenty of times when it's perfectly okay to [48:48.000 --> 48:55.400] exceed the speed limit or to go under the speed limit but a prima facie speed limit [48:55.400 --> 49:01.280] is not set in stone for a reason therefore this does not say shall not drive it says [49:01.280 --> 49:12.960] may not drive and that's not a command at least it's not one that says you may not [49:12.960 --> 49:19.520] drive more than this no it is you may not drive in a manner that prevents you from being [49:19.520 --> 49:26.960] able to do this be reasonable and prudent exercise do care and not harm another person [49:26.960 --> 49:35.040] or another property that's the mandate that's the only mandate now you'll also notice that [49:35.040 --> 49:46.240] nowhere in the language of 545.351 or 352 do the words shall do this okay or a person [49:46.240 --> 49:54.040] commits an offense if the word the term misdemeanor does not appear in either statute either nowhere [49:54.040 --> 50:03.680] in this these areas and sections is there the term offense or the term misdemeanor so [50:03.680 --> 50:07.000] let me show you where they're getting them from there's two places they're going to use [50:07.000 --> 50:17.280] for this the first one is going to be 542.301 general offense and that's the that reads [50:17.280 --> 50:24.560] like this a a person commits an offense if the person performs an act prohibited or fails [50:24.560 --> 50:33.560] to perform an act required by this subtitle now remember i just read you the statute 545.351 [50:33.560 --> 50:46.440] it says may it does not say shall it does not say shall not it says may not therefore [50:46.440 --> 50:55.800] it is not prohibited unless you did it in a manner that violates 351 which is you didn't [50:55.800 --> 51:01.120] exercise do care under the circumstances and conditions then existing to keep your speed [51:01.120 --> 51:06.080] at a reasonable level where you can control the car and not collide with another person [51:06.080 --> 51:13.320] or property lawfully entering or already upon the highway that's it that's all the criteria [51:13.320 --> 51:20.040] there is there is no specific prohibition not to travel at a speed greater than that [51:20.040 --> 51:29.440] that's on the sign until you've done this therefore you cannot commit a general offense [51:29.440 --> 51:37.920] under the statute can't do it it should be that simple a person commits an offense if [51:37.920 --> 51:46.800] the person performs an act prohibited or fails to perform an act required okay and then b [51:46.800 --> 51:52.480] except is otherwise provided an offense under this subtitle is a misdemeanor this is the [51:52.480 --> 52:01.840] reason why i say that not that there is no speeding offense in texas there isn't in fact [52:01.840 --> 52:08.520] when you go look at the speeding offense under 351 and 352 you don't get anything near that [52:08.520 --> 52:17.280] shows an offense you don't get anything until much later until you see reckless driving [52:17.280 --> 52:23.300] which comes a little further down and oh and reckless driving is where you have actually [52:23.300 --> 52:29.480] caused that harm it's not a charge of speeding it's a charge of reckless driving and it's [52:29.480 --> 52:41.520] a class b by the way so you see there is no charge in texas for speeding there is no offense [52:41.520 --> 52:49.000] for speeding none let's look at the other general uh general penalty statute they try [52:49.000 --> 52:53.200] to use for this and i've heard them cited in court this tells you that the attorneys [52:53.200 --> 52:59.280] don't know what the hell they're talking about they did mediocre skimming research to get [52:59.280 --> 53:03.680] ready for trial they know nothing about what they're arguing they're just making it up [53:03.680 --> 53:09.240] as they go along because 99 times out of 100 they've argued this not a single one of them [53:09.240 --> 53:19.520] has ever brought up 542.301 as the general offense they have cited 542.401 as the authority [53:19.520 --> 53:27.160] for making a speeding offense and here's what it says general penalty doesn't say general [53:27.160 --> 53:35.680] offense it says general penalty and under there it says that if there is no offense [53:35.680 --> 53:39.520] or it says the person convicted of an offense that is a misdemeanor under this subtitle [53:39.520 --> 53:45.000] for which another penalty is not provided shall be punished by a fine of not less than [53:45.000 --> 53:55.480] one dollar or more than 200 so all this deals with is the fine amount if the statute does [53:55.480 --> 54:04.720] create an offense but it doesn't specify what the penalty is this is the general penalty [54:04.720 --> 54:09.360] but it's not the general offense the general offense is under 301 and the general offense [54:09.360 --> 54:17.220] specifically states that it applies only in a case where an act is prohibited or required [54:17.220 --> 54:24.040] and until you have completed a collision with person or property you have not violated the [54:24.040 --> 54:36.160] requirement nor have you done anything that is prohibited until you've done that it's [54:36.160 --> 54:48.800] a scam ladies and gentlemen completely totally top-to-bottom a scam these municipalities [54:48.800 --> 54:58.280] small towns counties have gotten fat right along with the state by misrepresenting the [54:58.280 --> 55:12.480] law or the statute in this case to the public to illegally extort them for money it's very [55:12.480 --> 55:16.960] odd to me how the courts will argue that the legislature is very particular about how they [55:16.960 --> 55:24.440] word things when it suits the government and how they are not so particular and that's [55:24.440 --> 55:29.760] not what they meant when they use that term or that phrase when it comes to a defense [55:29.760 --> 55:40.520] against allegations that assist the people our courts could not be more corrupt if Dillinger [55:40.520 --> 55:50.960] himself ran them they're corrupt in these ways one they are ignorant of the actual law [55:50.960 --> 55:55.560] the only thing they know or care about is some higher courts opinion regardless of whether [55:55.560 --> 56:03.600] that opinion reflects the current state of the law to they allow you to be prosecuted [56:03.600 --> 56:08.840] under a statute knowing full well there is no evidence that the statute complies with [56:08.840 --> 56:16.120] the underlying law and the fact that it exists is not evidence that it's in compliance therefore [56:16.120 --> 56:23.360] the presumption that the legislature acted correctly in its passing is false upon its [56:23.360 --> 56:30.560] face and that's easily provable when I get into this here in just a minute about how [56:30.560 --> 56:36.160] this entire code got passed in a way that violates the Texas Constitution from top to [56:36.160 --> 56:43.180] bottom this whole code should be thrown out and burned and everyone that voted it into [56:43.180 --> 56:54.760] place in the legislature should be burned right along with it it is the worst kind of [56:54.760 --> 57:02.960] legal sophistry here it is ridiculous at how they have used statute to subvert the right [57:02.960 --> 57:12.960] of due process for the purpose of revenue but y'all just remain ignorant now y'all [57:12.960 --> 57:18.860] just keep your heads down pay your tickets don't argue don't fuss don't stand up for [57:18.860 --> 57:24.640] your rights just give in give up and give them your money hell why don't you just go [57:24.640 --> 57:31.320] to work and when as soon as you get your paycheck sign it over on the back to the state of Texas [57:31.320 --> 57:44.280] here's everything I've got please leave me alone until next payday go ahead and remember [57:44.280 --> 57:49.840] what you do today will trickle down to your children it will then trickle down to their [57:49.840 --> 57:58.600] children and their children's children and we will become the nation that was if we ever [57:58.600 --> 58:08.560] were to begin with but one that will never be again alright when we get back I'm gonna [58:08.560 --> 58:12.960] go into the constitutional side of this show you how to make that argument and what it's [58:12.960 --> 58:17.240] all about and then after that I don't know how long that will be but after that I'll [58:17.240 --> 58:22.960] turn on the phones and I'll start taking whatever calls we've got left in the night for time [58:22.960 --> 58:27.840] alright folks this is rule of law radio with your host Eddie Craig we are going over how [58:27.840 --> 58:34.200] to fight a speeding citation and how to invalidate the transportation code as a defense y'all [58:34.200 --> 58:39.160] hang in there and we will be back in just a few minutes this is our top of the hour [58:39.160 --> 58:50.320] break so we'll it'll be a little longer but y'all hold on [58:50.320 --> 58:55.720] the Bible remains the most popular book in the world yet countless readers are frustrated [58:55.720 --> 59:00.960] because they struggle to understand it some new translations try to help by simplifying [59:00.960 --> 59:07.440] the text but in the process can compromise the profound meaning of the scripture enter [59:07.440 --> 59:13.640] the recovery version first this new translation is extremely faithful and accurate but the [59:13.640 --> 59:19.960] real story is the more than 9000 explanatory footnotes difficult and profound passages [59:19.960 --> 59:25.440] are opened up in a marvelous way providing an entrance into the riches of the word beyond [59:25.440 --> 59:30.560] which you've ever experienced before Bibles for America would like to give you a free [59:30.560 --> 59:36.600] recovery version simply for the asking this comprehensive yet compact study Bible is yours [59:36.600 --> 59:47.720] just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com [59:47.720 --> 01:00:00.760] that's freestudybible.com you are listening to the logos radio network logosradionetwork.com [01:00:00.760 --> 01:00:05.960] the following use flash is brought to you by the Lone Star Lowdown providing the jelly [01:00:05.960 --> 01:00:13.560] bulletins for the commodities market today in history news updates and the inside scoop [01:00:13.560 --> 01:00:23.960] into the tides of the alternative markets for the 19th of October 2015 opened up with [01:00:23.960 --> 01:00:33.400] gold at $1170.64 an ounce silver $15.83 an ounce Texas crude $47.26 a barrel and Bitcoin [01:00:33.400 --> 01:00:46.200] is currently sitting at about $264 U.S. currency today in history Monday October 19 1987 during [01:00:46.200 --> 01:00:50.800] the Iran Iraq war the United States destroyed two Iranian offshore oil platforms in the [01:00:50.800 --> 01:00:56.200] central Persian Gulf in retaliation for a missile attack on a U.S. flagged tanker 20 [01:00:56.200 --> 01:01:05.600] to 30 Iranians on the Roast Am platforms abandoned them after being warned an attack was imminent [01:01:05.600 --> 01:01:09.720] in recent news federal regulators said today that they plan to require recreational drone [01:01:09.720 --> 01:01:13.460] users to register their aircraft with the government transportation secretary Anthony [01:01:13.460 --> 01:01:17.680] Fox told reporters quote the signal we're setting today is that when you're in the national [01:01:17.680 --> 01:01:22.440] airspace it is a very serious matter according to the Federal Aviation Administration pilots [01:01:22.440 --> 01:01:26.080] of passenger planes and other aircraft have been reporting more than 100 sightings or [01:01:26.080 --> 01:01:31.040] close calls with civilian drones a month a significant increase from just last year under [01:01:31.040 --> 01:01:35.760] current FAA guidelines drone owners are not supposed to fly their aircraft above 400 feet [01:01:35.760 --> 01:01:39.800] or within five miles of an airport without permission but regulators have been unable [01:01:39.800 --> 01:01:43.940] to prosecute rule breakers the FAA and the transportation department are setting up a [01:01:43.940 --> 01:01:48.200] team composed of government officials and industry representatives to write up new regulatory [01:01:48.200 --> 01:01:52.600] codes Fox also stated that the group has until November 20th to finalize its recommendations [01:01:52.600 --> 01:01:56.840] that the government can set up the registry before Christmas registration rules will also [01:01:56.840 --> 01:02:02.440] apply to people who have already bought drones in recent years not just new owners the FAA [01:02:02.440 --> 01:02:11.480] stated that it will impose penalties on anyone who does not comply the 8th Circuit Court [01:02:11.480 --> 01:02:15.140] of Appeals will hear oral arguments Tuesday on a dispute between former Minnesota governor [01:02:15.140 --> 01:02:20.240] Jesse Ventura and the state of American sniper author Chris Kyle Ventura won a 1.8 million [01:02:20.240 --> 01:02:24.560] dollar settlement last year for a passage in Kyle's book which he said was false apparently [01:02:24.560 --> 01:02:29.400] Kyle described punching out a man which was later identified as Ventura the issue that [01:02:29.400 --> 01:02:32.920] many First Amendment scholars are bringing up is that the judge improperly instructed [01:02:32.920 --> 01:02:38.320] jurors on the actual malice definition which holds public figures at a higher standard [01:02:38.320 --> 01:02:46.720] improving defamation the Lone Star Lowdown is currently looking for sponsors to be required [01:02:46.720 --> 01:02:53.960] for a service judge to advertise with us feel free to give us a call at 210-363-2257 this [01:02:53.960 --> 01:03:09.400] has been your lowdown for October 19th 2015 [01:03:09.400 --> 01:03:35.920] all right folks we are back this is rule of law radio all right now let's get into the [01:03:35.920 --> 01:03:41.280] constitutional aspect of the transportation code here is where you're going to have to [01:03:41.280 --> 01:03:46.960] be extremely careful about making this argument and here is why if you go into it screaming [01:03:46.960 --> 01:03:51.960] that the transportation code is unconstitutional without giving any specific statement of fact [01:03:51.960 --> 01:03:59.480] as to how and why you will lose that argument and the reason is is they will construe it [01:03:59.480 --> 01:04:05.760] as you're saying that the state has no right to regulate such activities not that it was [01:04:05.760 --> 01:04:13.080] passed illegally and unlawfully they will twist it into a context that suits their [01:04:13.080 --> 01:04:27.880] agenda so if you start this argument you better know how to make it so pay attention [01:04:27.880 --> 01:04:33.920] article three of the Texas Constitution is the legislative department of government article [01:04:33.920 --> 01:04:39.760] three is all about the legislature and laws and how they are to be made and who gets to [01:04:39.760 --> 01:04:48.840] make them and so on and so forth okay the very first provision of article three is to [01:04:48.840 --> 01:04:57.720] give only the Texas legislature the power to create law doesn't give it to anyone else [01:04:57.720 --> 01:05:04.080] and the courts have ruled time and time again on non-delegable powers which the law-making [01:05:04.080 --> 01:05:11.000] power is it is a non-delegable power no other provision in the Texas Constitution despite [01:05:11.000 --> 01:05:17.640] the BS they try to say allows anyone to make law they try to say that municipalities can [01:05:17.640 --> 01:05:23.280] do it according to article five section 11 of the Texas Constitution I'm sorry article [01:05:23.280 --> 01:05:30.760] 11 section 5 of the Constitution and that's baloney not once does the term ordinance ever [01:05:30.760 --> 01:05:37.600] get associated with the term law not once is the term ordinance ever associated with [01:05:37.600 --> 01:05:45.080] the phrase binding public law or binding public duty or duty upon the public or duty upon [01:05:45.080 --> 01:05:56.060] the people or duty upon an individual nowhere the word ordinance in no way shape or form [01:05:56.060 --> 01:06:07.240] is associated with law nor is anything in relation to ordinance associated with the [01:06:07.240 --> 01:06:20.000] public nowhere so that BS ain't gonna fly with this guy not happening that's however [01:06:20.000 --> 01:06:25.520] something they're going to attempt to argue bank on it bank on it then they're going to [01:06:25.520 --> 01:06:31.280] go to statute and try to say the statutes all say it statutes are not superior to the [01:06:31.280 --> 01:06:39.960] Constitution never have been never will be the legislature cannot alter the constitution [01:06:39.960 --> 01:06:50.200] through statutory means so understand that make sure you say that well let's continue [01:06:50.200 --> 01:06:59.000] on here since only the legislature can create law we then come to the provisions of 29 through [01:06:59.000 --> 01:07:07.560] 39 of the Texas Constitution associated also with section 62 of article 3 as to how the [01:07:07.560 --> 01:07:18.800] legislature must this is a requirement make law it is not optional it is not if they so [01:07:18.800 --> 01:07:25.360] please it is this is the way you do it if you fail to do it it isn't law and the reason [01:07:25.360 --> 01:07:32.960] it isn't laws because we covered that too in article 1 section 29 of the Bill of Rights [01:07:32.960 --> 01:07:40.440] which the god of idiocy at every law university in Texas says really has no force in effect [01:07:40.440 --> 01:07:47.800] get this some legal scholar moron in Texas a libtard status says that he can't see why [01:07:47.800 --> 01:07:55.040] a provision of the Texas Constitution has any force in effect then obviously he isn't [01:07:55.040 --> 01:08:01.480] the expert everybody wants to quote him as is he it has effect because it's there you [01:08:01.480 --> 01:08:08.240] twit that's all it takes you don't have to agree with it you don't have to like it it's [01:08:08.240 --> 01:08:16.720] there therefore it has force in effect no matter what you think about it and we the [01:08:16.720 --> 01:08:22.320] people need to make damn sure our public servants understand that we're not going to let them [01:08:22.320 --> 01:08:29.960] nullify any provision of the Texas Constitution by sheer stupidity moronics or any other actions [01:08:29.960 --> 01:08:41.200] they care to take we are the only ones that can amend that Constitution not them so don't [01:08:41.200 --> 01:08:47.760] let them and don't let them tell you it's been done because it hasn't so article one [01:08:47.760 --> 01:08:58.280] section 29 has force in effect because it's there no matter what this idiot says now in [01:08:58.280 --> 01:09:05.320] the provisions of article three sections 29 through 39 there is I think it's 32 which [01:09:05.320 --> 01:09:12.280] specifically states if it's the correct one but if it's not whichever one it is that says [01:09:12.280 --> 01:09:16.720] that no bill shall have the force and effect of law until it has been read on the floor [01:09:16.720 --> 01:09:25.600] of each house over three several days an open discussion held there on that's a requirement [01:09:25.600 --> 01:09:35.760] no bill shall have the force and effect of law couldn't be any plainer than that that [01:09:35.760 --> 01:09:45.080] is a duty that is a requirement shall is mandatory so they are required to read every bill on [01:09:45.080 --> 01:09:50.680] the floor of each house over three several days and to have public discussion there on [01:09:50.680 --> 01:09:54.280] now I know you've heard me talk about this part before but let's make damn sure all of [01:09:54.280 --> 01:10:03.400] you understand it the transportation code and its original iteration in 1995 was 3889 [01:10:03.400 --> 01:10:11.640] pages as a bill that does not include all of the additional commentary and sign-offs [01:10:11.640 --> 01:10:22.880] in other areas that is simply the bill okay the bill was 3889 pages which means they would [01:10:22.880 --> 01:10:33.520] have had to have read approximately 1300 pages a day over three several days and held open [01:10:33.520 --> 01:10:42.120] discussion how many of you think they did that because the transportation code as it [01:10:42.120 --> 01:10:52.960] exists right now was passed in its totality as one act in 1995 that's 3889 pages long [01:10:52.960 --> 01:11:02.080] that would have constituted almost 1300 pages a day to be read and debated but we don't [01:11:02.080 --> 01:11:07.680] have to wonder if they did or they didn't do it we know they didn't and how do we know [01:11:07.680 --> 01:11:13.760] because if you go online to the legislative website they have scanned copies of the bill [01:11:13.760 --> 01:11:21.200] and all of the committee sign-offs of that bill and in there the bill specifically shows [01:11:21.200 --> 01:11:29.920] that they waived the reading on the floor of each house through an emergency clause [01:11:29.920 --> 01:11:37.600] now the emergency clause cited in the bill more or less reads this way due to the crowded [01:11:37.600 --> 01:11:46.720] condition of the calendars of each house we have voted to suspend the rule by four-fifths [01:11:46.720 --> 01:11:52.800] majority the requirement of reading on the floor of each house over three several days [01:11:52.800 --> 01:11:58.640] and having public discussion or open discussion there on they suspended the rule using an [01:11:58.640 --> 01:12:08.960] emergency clause that cites full calendars as its basis the crowded conditions of the [01:12:08.960 --> 01:12:16.160] calendars of each house that's their justification for the suspension unfortunately that justification [01:12:16.160 --> 01:12:23.000] is absolutely unconstitutional for this type of bill that justification applies only to [01:12:23.000 --> 01:12:29.280] fiscal bills so we have one of two issues coming up here with that suspension that suspension [01:12:29.280 --> 01:12:33.960] is either telling us that the entire transportation code is actually a fiscal bill and all it [01:12:33.960 --> 01:12:44.440] does is assign money to specific departments or the reading was unconstitutionally suspended [01:12:44.440 --> 01:12:50.400] and how do we know that it was unconstitutionally suspended well there's another provision [01:12:50.400 --> 01:12:58.800] that was added to the bottom of that same section which now says however a four-fifths [01:12:58.800 --> 01:13:07.800] majority vote by each house may suspend this rule okay so they added an amendment to the [01:13:07.800 --> 01:13:11.640] provision on the reading on the floor of each house that they could suspend the rule by [01:13:11.640 --> 01:13:22.000] four-fifths vote but there's a problem that does not nullify the provisions in article [01:13:22.000 --> 01:13:31.180] three section 62 which says two things to us the first one is is that the only viable [01:13:31.180 --> 01:13:42.040] emergency for which those rules can be suspended are due to result or the results due to disasters [01:13:42.040 --> 01:13:52.400] from an enemy attack okay the only way they can call an emergency that's allowed to suspend [01:13:52.400 --> 01:13:59.560] that rule is through disasters relating to enemy attack and that declaration must be [01:13:59.560 --> 01:14:06.360] made by the governor through written proclamation how do we know it's written because it says [01:14:06.360 --> 01:14:13.760] in addition to him making it that it must be signed by the lieutenant governor and the [01:14:13.760 --> 01:14:25.860] speaker of each house signed okay i've heard of air guitar but never air signature okay [01:14:25.860 --> 01:14:31.080] so how do we know they signed it if all they did was wave a finger or a pen in thin air [01:14:31.080 --> 01:14:39.040] we don't therefore it must be on something physical it must be written down in order [01:14:39.040 --> 01:14:47.680] to be signed okay because the only way we can verify it is if that is the case so right [01:14:47.680 --> 01:14:53.240] there in order for that emergency to exist to suspend the rule there has to be a proclamation [01:14:53.240 --> 01:15:00.000] of enemy invasion now in addition to that we go a little further down in 62 and it makes [01:15:00.000 --> 01:15:07.480] it very clear what that emergency provision applies to and it lists all of the procedural [01:15:07.480 --> 01:15:13.880] rules that can be suspended by emergency one of which is the reading on the floor of each [01:15:13.880 --> 01:15:21.520] house so right there we have confirmation that the only emergency by which they can [01:15:21.520 --> 01:15:30.000] suspend the rule of reading is disasters relating to enemy attack it is not crowded condition [01:15:30.000 --> 01:15:36.440] of the calendars of each house someone please if you call in after listening to this tell [01:15:36.440 --> 01:15:42.000] me how those two equate crowded conditions of the calendars of each house is the equivalent [01:15:42.000 --> 01:15:51.520] of disasters relating to enemy attack all the four-fifths vote amendment did was tell [01:15:51.520 --> 01:15:58.720] us by what majority the rule in 62 has to be complied with in other words for them to [01:15:58.720 --> 01:16:06.320] suspend the rules governed by 62 there has to be a four-fifths majority vote as stated [01:16:06.320 --> 01:16:16.460] in 32 or whichever provision it actually is but it's there so the four-fifths vote only [01:16:16.460 --> 01:16:23.560] applies to that type of emergency not the one they stated on the bill therefore the [01:16:23.560 --> 01:16:29.680] bill was unconstitutional in its passage to have any force and effect of law according [01:16:29.680 --> 01:16:37.080] to article 3 section 32 but wait there's more and I will get to that on the other side so [01:16:37.080 --> 01:16:41.200] folks y'all hang in there keep listening I will get this wrapped up for sure on the next [01:16:41.200 --> 01:16:45.720] segment and then I'll open up the phone lines and start taking your calls all right I'm [01:16:45.720 --> 01:16:49.320] gonna go ahead and turn the phones on if you want to start getting in line because I have [01:16:49.320 --> 01:16:52.920] this wrapped up before we get to the next segment all right y'all hang in there and [01:16:52.920 --> 01:17:03.920] we will be right back at capital coin and bullion our mission is to be your preferred [01:17:03.920 --> 01:17:07.800] shopping destination by delivering excellent customer service and outstanding value at [01:17:07.800 --> 01:17:12.520] an affordable price we provide a wide assortment of favorite products featuring a great selection [01:17:12.520 --> 01:17:16.600] of high quality coins and precious metals we cater to beginners in coin collecting as [01:17:16.600 --> 01:17:21.400] well as large transactions for investors we believe in educating our customers with resources [01:17:21.400 --> 01:17:25.960] from top accredited metals dealers and journalists if we don't have what you're looking for [01:17:25.960 --> 01:17:31.440] we can find it in addition we carry popular longevity products such as beyond tangy tangerine [01:17:31.440 --> 01:17:36.280] and 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irradiated adulterated and mutilated young Jevity can [01:18:23.960 --> 01:18:29.080] provide the nutrients you need logos radio network gets many requests to endorse all [01:18:29.080 --> 01:18:34.880] sorts of products most of which we reject we have come to trust young Jevity so much [01:18:34.880 --> 01:18:40.640] we became a marketing distributor along with Alex Jones Ben Fuchs and many others when [01:18:40.640 --> 01:18:47.040] you order from logosradionetwork.com your health will improve as you help support quality [01:18:47.040 --> 01:18:53.520] radio as you realize the benefits of young Jevity you may want to join us as a distributor [01:18:53.520 --> 01:18:59.440] you can experience improved health help your friends and family and increase your income [01:18:59.440 --> 01:19:18.920] order now this is the logosradionetwork.com [01:19:18.920 --> 01:19:40.400] all right folks we are back this is rule of law radio all right i'm going to wrap this [01:19:40.400 --> 01:19:45.680] up on the constitutional issue with the transportation code then i'm going to start taking your calls [01:19:45.680 --> 01:19:52.280] all right now as we saw through section 62 of article 3 they have to have a four-fifths [01:19:52.280 --> 01:19:58.400] vote to suspend the reading on the floor of each house as it states in 32 in order to [01:19:58.400 --> 01:20:04.760] suspend that rule under 62 by which the only emergency clause they can suspend it is disasters [01:20:04.760 --> 01:20:11.640] related to enemy attack and that proclamation has to be in written form signed by the governor [01:20:11.640 --> 01:20:15.840] lieutenant governor and the speaker of each house now there are a couple of other rules [01:20:15.840 --> 01:20:20.720] that can be suspended in relation to this but all of them require the same emergency [01:20:20.720 --> 01:20:28.100] condition in order to be suspended all of them okay however the four-fifths majority [01:20:28.100 --> 01:20:33.800] vote apparently applies only to the three-day ruling or three-day reading on the floor of [01:20:33.800 --> 01:20:38.040] each house because that's the only section in which it appears and it doesn't appear [01:20:38.040 --> 01:20:44.880] again down in 62 where it should be but it isn't so we have to learn to read this for [01:20:44.880 --> 01:20:50.080] ourselves and connect them because otherwise what they would be doing is they would be [01:20:50.080 --> 01:20:55.760] amending one part of the constitution that the people votes on and then they would be [01:20:55.760 --> 01:21:02.760] facilitating a cascading alteration of the constitution that the people did not vote [01:21:02.760 --> 01:21:12.640] on so if we take it the way they're using it the amendment in 32 somehow either completely [01:21:12.640 --> 01:21:24.380] voided did away with or is superior to section 62 and that can't happen because both of them [01:21:24.380 --> 01:21:29.480] deal with the same subject matter both of them discuss and apply themselves to the same [01:21:29.480 --> 01:21:35.740] subject matter the suspending of those procedural rules that's why they can't do it that way [01:21:35.740 --> 01:21:40.680] and that's why it cannot be interpreted by the courts that way and be valid the courts [01:21:40.680 --> 01:21:46.920] cannot with any straight face and common sense say oh sure you can amend article one section [01:21:46.920 --> 01:21:51.240] three and it'll cascade through the whole constitution but we only told the people about [01:21:51.240 --> 01:21:55.840] the changes to article one section three and that change we don't care if they know about [01:21:55.840 --> 01:22:04.240] the rest of it or they voted on it we'll just make those changes ourselves yeah not like [01:22:04.240 --> 01:22:10.080] they haven't tried that already because they have and they do it constantly not only do [01:22:10.080 --> 01:22:14.880] they violate the code of criminal procedure and the statutes they violate our bill of [01:22:14.880 --> 01:22:20.000] rights and every other provision of the texas constitution that says they cannot do the [01:22:20.000 --> 01:22:27.920] things that they are actually doing but then again the public is mostly unaware and ignorant [01:22:27.920 --> 01:22:34.440] of what these guys can or cannot do to begin with and whose fault is that you can blame [01:22:34.440 --> 01:22:39.080] it on the public school system because they took out everything dealing with teaching [01:22:39.080 --> 01:22:47.040] you the constitution or your rights especially the texas constitution because it's huge it's [01:22:47.040 --> 01:22:53.680] bloated and it was set up to fail by those that amend it like a statutory scheme to give [01:22:53.680 --> 01:23:01.160] themselves authority where none should exist folks we need our constitution very straightforward [01:23:01.160 --> 01:23:07.400] and very simple what it needs to state at the very beginning is government shall not [01:23:07.400 --> 01:23:18.160] and that's it now the fact that there's more to this is the things they're going to pull [01:23:18.160 --> 01:23:23.720] and deny that any of this applies or any of this is authoritative or any of this means [01:23:23.720 --> 01:23:31.520] anything this once again is your public servants attempting to deny their limited power under [01:23:31.520 --> 01:23:36.400] the document that created the very office they occupy and for those that are not in [01:23:36.400 --> 01:23:42.640] an office created by the constitution such as municipal judge municipal prosecutor scumbag [01:23:42.640 --> 01:23:49.520] of the earth in charge whatever title you want to give them they believe that the constitution [01:23:49.520 --> 01:23:57.200] doesn't apply to them we need to be getting in the face of our local legislators when [01:23:57.200 --> 01:24:03.260] they are in their precincts at that level and telling them this is not going to happen [01:24:03.260 --> 01:24:10.080] ever again this won't work this is not going to fly we ain't going to have it fix it you [01:24:10.080 --> 01:24:16.920] make a law that controls these out of control public servants and if you can't do it then [01:24:16.920 --> 01:24:21.860] i'm going to get someone in there who can because obviously you don't know what the [01:24:21.860 --> 01:24:25.800] hell you're doing and if you don't know what you're doing why should i be putting you back [01:24:25.800 --> 01:24:30.480] in there and if you won't do what you're supposed to do why should i be putting you back in [01:24:30.480 --> 01:24:35.200] there and if you won't obey the constitution you swore to uphold why should i be putting [01:24:35.200 --> 01:24:40.960] you back in there wait i have an idea i'm going to stand out in front of your house [01:24:40.960 --> 01:24:46.640] your businesses and every place in this town that you go and i'm going to make sure that [01:24:46.640 --> 01:24:53.120] sign tells the people what a scumbag representative you actually are and i'm going to go into [01:24:53.120 --> 01:24:57.520] details and i'm going to make sure the sign has your home address and your cell phone [01:24:57.520 --> 01:25:05.140] number on it go after them they work for you stop letting them think that they are the [01:25:05.140 --> 01:25:13.320] ones in power because this is the kind of crap you get when you let those false ideas [01:25:13.320 --> 01:25:21.360] take root i mean look we got to look at it this way it's kind of like taking care of [01:25:21.360 --> 01:25:28.280] your pets if you allow your pets to develop bad habits don't go crying when they pee on [01:25:28.280 --> 01:25:34.240] the couch and crap on the bed you let them do it it ain't their fault you never told [01:25:34.240 --> 01:25:39.960] them it was wrong you never told them it was a no-no you never properly trained them on [01:25:39.960 --> 01:25:49.280] how to do it correctly it's not the pet's fault it's yours and no less is true of your [01:25:49.280 --> 01:25:56.760] public servants for all intents and purposes they're our pets and when we train them properly [01:25:56.760 --> 01:26:04.080] we get good pets and when we don't we get the kind you're complaining about and then [01:26:04.080 --> 01:26:10.920] we act surprised and upset and like they're to blame when exactly the opposite is true [01:26:10.920 --> 01:26:25.720] i'm tired of the complaining without any effort to understand and repair it doesn't do me [01:26:25.720 --> 01:26:32.900] any good to come on this show week after week and talk to the air even if you're listening [01:26:32.900 --> 01:26:42.960] but you're still not doing doesn't do you any good either anything you learn about how [01:26:42.960 --> 01:26:49.560] to control your public servants that you're not putting into action is a bad habit they're [01:26:49.560 --> 01:26:57.160] getting to continue with and they will use it to the detriment of us all as long as they're [01:26:57.160 --> 01:27:06.960] allowed to do so we have to fix that that's what this show all of these shows are about [01:27:06.960 --> 01:27:13.640] to bring you information to show you the black and white of what is right and wrong with [01:27:13.640 --> 01:27:22.160] what they're doing and then it's up to you to do something with it it's back to lead [01:27:22.160 --> 01:27:26.080] a horse to water but you can't make him drink well you can give a man information but you [01:27:26.080 --> 01:27:34.640] can't make him think so this is why we asked for your donations [01:27:34.640 --> 01:27:38.880] your financial support because if you guys aren't going to have our backs and be out [01:27:38.880 --> 01:27:43.840] there doing it and making sure that you can live free and you're going to leave it up [01:27:43.840 --> 01:27:47.680] to us to do it then where the hell are we going to get the time if we have to work and [01:27:47.680 --> 01:27:54.300] pay bills how are we going to fight if you're not willing to somebody's got to or this continues [01:27:54.300 --> 01:27:59.880] forever and i'm not willing to live that way haven't been for a long time and i don't want [01:27:59.880 --> 01:28:04.160] any of you to live that way that's why i'm here that's why i've given up most of the [01:28:04.160 --> 01:28:11.240] things that i love and adore to dedicate myself to this because i adore freedom and liberty [01:28:11.240 --> 01:28:18.560] for everyone more than what i can get out of this personally and until each one of us [01:28:18.560 --> 01:28:25.680] desires that for our neighbors our families our friends and even our enemies we will never [01:28:25.680 --> 01:28:36.720] have it for ourselves so we've got to fix it and local is where we start all right that [01:28:36.720 --> 01:28:41.120] being said i'm going to start with your calls here i'm going to go with steve in washington [01:28:41.120 --> 01:28:51.360] steve what can we do for you hey eddie um i'm glad you're doing well well that's one [01:28:51.360 --> 01:29:00.320] way of putting it yeah yeah um you know um i'm glad you brought this up because i've [01:29:00.320 --> 01:29:08.880] checked several states constitutions and they do exactly the same thing uh and especially [01:29:08.880 --> 01:29:18.160] like bargon washington new hampshire and they tried it in massachusetts and um it didn't [01:29:18.160 --> 01:29:22.560] go over well but what they have is they have two governments there massachusetts they have [01:29:22.560 --> 01:29:29.200] the commonwealth and they have the state and what that looks like is they basically they [01:29:29.200 --> 01:29:39.440] uh they just created a new constitution and then ran it to the secretary of state's office [01:29:39.440 --> 01:29:44.080] and now you have this huge government the turnpike authorities the state police yeah [01:29:44.080 --> 01:29:47.680] okay steve hang on just a second we'll pick that back up uh on the other side of this [01:29:47.680 --> 01:29:52.800] break all right folks five one two six four six 1984 is a call in we're going to take [01:29:52.800 --> 01:30:02.000] a break y'all hang on we'll be right back with a half an hour to go remember that a [01:30:02.000 --> 01:30:07.360] man's name is to him the sweetest and most important sound in the english language scientific [01:30:07.360 --> 01:30:11.920] research proves dale carnegie's famous words are true i'm dr katherine albrecht and i'll [01:30:11.920 --> 01:30:18.000] be back to explain how loving your name affects your life choices privacy is under attack [01:30:18.000 --> 01:30:23.360] when you give up data about yourself you'll never get it back again and once your privacy is gone [01:30:23.360 --> 01:30:29.280] you'll find your freedoms will start to vanish too so protect your rights say no to surveillance [01:30:29.280 --> 01:30:35.040] and keep your information to yourself privacy it's worth hanging on to this public service [01:30:35.040 --> 01:30:39.600] announcement is brought to you by start page dot com the private search engine alternative [01:30:39.600 --> 01:30:46.880] to google yahoo and bing start over with start page researchers at the state university of [01:30:46.880 --> 01:30:52.160] new york say the sound of your name could influence your life decisions it's a phenomenon they call [01:30:52.160 --> 01:30:58.160] implicit egotism people prefer places things and professions they associate with themselves [01:30:58.160 --> 01:31:02.960] for example there are disproportionately more people named cali in california and there are [01:31:02.960 --> 01:31:08.400] more louises in st louis it's not just because they're born there and given a related name [01:31:08.400 --> 01:31:13.200] people also move there because of the name association preference you might even choose [01:31:13.200 --> 01:31:19.120] a career based on your name dennis and denise are overrepresented in the ranks of dentists [01:31:19.120 --> 01:31:23.760] and if you're named laura or larry you're statistically much more likely to become a [01:31:23.760 --> 01:31:28.800] lawyer i'm dr katherine albrecht more news and information at katherine albrecht.com [01:31:30.480 --> 01:31:36.080] this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the [01:31:36.080 --> 01:31:41.920] government says that fire brought it down however 1500 architects and engineers concluded it was a [01:31:41.920 --> 01:31:46.000] controlled demolition over 6 000 of my fellow service members have given their lives of [01:31:46.000 --> 01:31:50.640] thousands of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural [01:31:50.640 --> 01:31:54.960] engineer i'm a new york city correction officer i'm an air force pilot i'm a father who lost his son [01:31:54.960 --> 01:32:01.200] we're americans and we deserve the truth go to remember building seven dot org today hey it's [01:32:01.200 --> 01:32:05.040] danny here for hill country home improvements did your home receive hail or wind damage from [01:32:05.040 --> 01:32:09.120] the recent storms come on we all know the government caused it with their chem trails [01:32:09.120 --> 01:32:13.040] but good luck getting them to pay for it okay i might be kidding about the chem trails but [01:32:13.040 --> 01:32:17.360] i'm serious about your roof that's why you have insurance and hill country home improvements can [01:32:17.360 --> 01:32:22.080] handle the claim for you with little to no out-of-pocket expense and we accept bitcoin [01:32:22.080 --> 01:32:26.880] as a multi-year a plus member of the better business bureau with zero complaints you can [01:32:26.880 --> 01:32:31.840] trust hill country home improvements to handle your claim and your roof right the first time [01:32:31.840 --> 01:32:39.440] just call 512-992-8745 or go to hill country home improvements dot com mention the crypto show and [01:32:39.440 --> 01:32:43.920] get a hundred dollars off and we'll donate another hundred dollars to the logos radio network to help [01:32:43.920 --> 01:32:50.240] continue this programming so if those out of town roofers come knocking your door should be locking [01:32:50.240 --> 01:32:57.520] that's 512-992-8745 or hill country home improvements dot com discounts are based on [01:32:57.520 --> 01:33:05.280] full roof replacement may not actually be kidding about chem trails you're listening to the logos [01:33:05.280 --> 01:33:32.000] radio network at logosradio network.com [01:33:35.280 --> 01:33:47.040] all right folks we are back this is rule of law radio and we are talking to Steve in Washington [01:33:47.040 --> 01:33:55.760] calling number 512-646-1984 all right Steve please continue well Eddie like I was saying [01:33:56.880 --> 01:34:03.360] I think this this has happened in every state everyone that I've checked so far and it's [01:34:03.360 --> 01:34:11.520] come in under the threat of invasion and then you have the other the side of the page which is [01:34:12.640 --> 01:34:16.800] the law that was previously passed and there's not much of that [01:34:18.640 --> 01:34:25.840] but on the everything under threat of invasion turns out to be this huge array of administrative [01:34:25.840 --> 01:34:36.160] procedures and law and I can tell you in my family back in 1920 the court said [01:34:37.520 --> 01:34:46.000] that the reason that they had a right to force people to go to public school in order to to make [01:34:46.000 --> 01:34:53.200] them learn about American government and to help ensure our survival and the survival of the American [01:34:53.200 --> 01:34:57.680] way of life and that's what they said that's what the court said back then well my grandfather [01:34:57.680 --> 01:35:06.000] skipped school back in 1920 and they put him in reform school because they took it so seriously [01:35:06.000 --> 01:35:11.920] they said this is very serious that you don't go to school and learn the law and government [01:35:12.640 --> 01:35:17.760] because if we don't have anyone to protect we won't have anyone in the future to protect [01:35:17.760 --> 01:35:23.680] our way of life they won't know anything about government and so that's what they did [01:35:25.040 --> 01:35:33.360] and these days education is is basically worthless they don't teach law and government [01:35:34.240 --> 01:35:42.720] they won't put you in reform school and they're really not serious about our way of life and I [01:35:42.720 --> 01:35:49.120] I think it's kind of gone by the wayside you know I hope people are waking up but I'm not holding [01:35:49.120 --> 01:35:57.200] my breath anytime soon I'm not sure if anybody's holding their breath down in Texas but from what [01:35:57.200 --> 01:36:05.200] I've seen in Texas it's horrible down there I mean with regards to the government so I kind [01:36:05.200 --> 01:36:14.480] of really feel bad for I feel bad for people down in Texas really and they should take it more [01:36:14.480 --> 01:36:23.680] seriously seriously it would help but nobody takes it seriously till they get rolled over [01:36:24.240 --> 01:36:28.880] and the one thing that I noticed was that looking through these federal cases that I've been I've [01:36:28.880 --> 01:36:35.280] been reading is that you know the attorneys all know this they know this anyways they never discuss it [01:36:35.280 --> 01:36:42.880] just it goes without saying you know when they have a case that they just go file their draft [01:36:42.880 --> 01:36:48.720] in the federal court well why is the federal court well exactly why you just for the reason [01:36:48.720 --> 01:36:57.120] you just pointed out which is you're not going to get to process at the state level [01:36:57.120 --> 01:37:02.000] not when they pass all these administrative laws that they don't even comport with constitutional [01:37:02.000 --> 01:37:09.360] law and all they really want to do is just rush your case through grab as much money as they can [01:37:09.360 --> 01:37:16.480] you know they just that's how it works well let's be clear you're not going to get justice at any [01:37:16.480 --> 01:37:22.720] level unless you can make the argument at the fed just as quickly and easily as you can at the state [01:37:22.720 --> 01:37:29.280] because a federal judge is there to protect the status quo and he will unless you can show him [01:37:29.280 --> 01:37:37.680] that doing so will get him overturned hopefully that's true that's true and but on the other hand [01:37:37.680 --> 01:37:44.480] when the attorneys all know that and when they go up there you know they they put their their case [01:37:44.480 --> 01:37:48.800] up there it never even goes to trial because they all know what's going on and they just make their [01:37:48.800 --> 01:37:55.920] deals and say okay we'll we settle this matter but nobody else knows so unless you have a lot of money [01:37:56.640 --> 01:38:03.600] and you really get someone someone who's a lawyer if you can get their interest and you usually [01:38:03.600 --> 01:38:08.480] don't get their interest they have a lot of other well that's because the only interest they have [01:38:08.480 --> 01:38:19.360] well that's because the only interest they have has a dollar sign on it yeah that's true but you [01:38:19.360 --> 01:38:25.760] know i mean they've got themselves into that as well with the their bills and student loans and [01:38:25.760 --> 01:38:32.800] everything so you're on your own that's what i can see i'm on my own and so i'm going to have to [01:38:32.800 --> 01:38:41.840] learn from that so i mean they could do anything to you if you don't if you don't have an education [01:38:41.840 --> 01:38:48.160] they can do anything to you unless you know unless somebody's really you know unless you find a [01:38:50.080 --> 01:38:55.920] unless you find a lawyer who's going to take interest in you uh forget it you know i mean [01:38:55.920 --> 01:39:04.400] it doesn't matter how much money you have i mean look at uh monster stewart um that was all bogus [01:39:05.200 --> 01:39:08.800] she could have gotten off easy but she didn't she wouldn't know the first thing about law she [01:39:08.800 --> 01:39:16.080] wouldn't even know the definition but she had a lot of money and that's what it's about well that's [01:39:16.080 --> 01:39:21.520] because they believe law is only what some other court said it was and that's not true [01:39:21.520 --> 01:39:26.480] the any court that that interprets the law is required to interpret it in a way consistent [01:39:26.480 --> 01:39:34.160] with constitution and rights of the individuals but they don't they create instead the farcical [01:39:34.160 --> 01:39:40.560] interpretation that government necessity comes first and that absolutely is a bogus premise on [01:39:40.560 --> 01:39:46.880] which to base an interpretation of anything yeah well they don't even have a [01:39:46.880 --> 01:39:56.080] they don't even have a uh you look at massachusetts they have two constitutions [01:39:56.720 --> 01:40:01.280] they're one for the commonwealth and one for the state well the state is the secretary of the [01:40:01.280 --> 01:40:09.040] commonwealth and everything in the secretary of the commonwealth is like the dmv or they call the [01:40:09.040 --> 01:40:20.480] registry of motor vehicles uh the the the cmr uh the turnpike authority everything everything [01:40:20.480 --> 01:40:26.880] goes through there it has nothing to do with anybody that lives in the commonwealth nothing [01:40:26.880 --> 01:40:35.280] to do at all and and the court even the court didn't rule that they they couldn't uh they [01:40:35.280 --> 01:40:40.320] couldn't amend the commonwealth uh the the constitution of the commonwealth [01:40:41.520 --> 01:40:47.520] and they what they did was they just created their own now some states i noticed they don't [01:40:47.520 --> 01:40:53.760] they didn't do it the way texas did and just add sections so what they did was they just [01:40:53.760 --> 01:41:00.640] revised it so you go look at states like alaska and they put out all this nifty little uh little [01:41:00.640 --> 01:41:09.680] document every year called the uh you know like the 2015 uh revised constitution well nobody [01:41:09.680 --> 01:41:17.600] ever voted on it they just revised it they're like what is this can you believe that oh i [01:41:17.600 --> 01:41:24.560] can believe it nobody ever says anything about it it's revised here we revised it for you here's [01:41:24.560 --> 01:41:34.080] this year's version and nobody ever voted on it that's just and i don't see anybody complain [01:41:34.080 --> 01:41:43.120] at least so far so i don't know what to say um except that if you're the one getting rolled [01:41:43.120 --> 01:41:50.240] over by that time uh your learning curve is too great to find out where you are and you're just [01:41:50.240 --> 01:41:54.640] going to get rolled over yeah uh well steve i hate to cut you short but if you ain't got a question [01:41:54.640 --> 01:42:00.160] man i got lots of people up here online we'll get them in there because i'd like to hear what [01:42:00.160 --> 01:42:07.520] they have to say all right thanks for calling in all right all right let's go to joe in arizona [01:42:07.520 --> 01:42:14.960] joe what can we do for you uh yes already i had a question about the administrative process being [01:42:14.960 --> 01:42:21.200] converted to judicial process uh and then do you remember james hardin he was from texas years [01:42:21.200 --> 01:42:29.280] ago i saw a video of him uh yeah i know who he is okay um something like that and also something [01:42:29.280 --> 01:42:35.840] from winston shroud even though i you know i'm i'm not into the accepted for value stuff but he he [01:42:35.840 --> 01:42:41.920] made a statement one time speaking of how to convert basically an administrative sitting in [01:42:41.920 --> 01:42:48.480] judicial proceeding by saying something like this uh your honor do you have an oath of office [01:42:48.480 --> 01:42:53.040] of course his honors will say i do does let the record of the court reflect that this court [01:42:53.040 --> 01:43:00.160] takes judicial notice of the oath of office of the honorable so-and-so and somehow okay wait let me [01:43:00.160 --> 01:43:04.960] let me stop you right there that right there is exactly the problem i always found with that [01:43:04.960 --> 01:43:13.760] assertion okay honorable anything there is none in there there is no one in there that fits that bill [01:43:15.600 --> 01:43:22.960] none okay therefore you've begun on a false premise that there is honor to be had from the [01:43:22.960 --> 01:43:27.680] individual occupying the bench or anyone else in that courtroom other than you [01:43:27.680 --> 01:43:33.920] okay therefore you have already if you want to follow that vein of thought you have already [01:43:34.480 --> 01:43:43.280] engaged in a dishonorable activity you see what i'm saying maybe so yeah hang on just a second [01:43:43.280 --> 01:43:48.400] and we'll pick that up on the other side all right folks this is rule of law radio we are coming up [01:43:48.400 --> 01:43:52.880] on the last segment and i will try to get to everybody on this board before we get off of [01:43:52.880 --> 01:44:00.400] here but i can't make any promises we'll be right back so y'all hold on you feel tired when talking [01:44:00.400 --> 01:44:05.520] about important topics like money and politics are you confused by words like the constitution or the [01:44:05.520 --> 01:44:11.520] federal reserve what if so you may be diagnosed with the deadliest disease known today stupidity [01:44:11.520 --> 01:44:16.720] hi my name is steve holt and like millions of other americans i was diagnosed with stupidity [01:44:16.720 --> 01:44:21.600] at an early age i had no idea that the number one cause of the disease is found in 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or call toll-free 866 LAW EASY [01:46:22.560 --> 01:46:25.760] TOO LONG [01:46:28.960 --> 01:46:34.160] all right folks we are back this is rule of law radio and we're talking to joe in arizona we [01:46:34.160 --> 01:46:41.200] are now in our last segment so let's see how many of these we can do all right joe okay yes ready [01:46:41.200 --> 01:46:46.720] um trinsey versus paglia about the statements of counsel and briefer argument are not passed [01:46:46.720 --> 01:46:50.400] before the court and therefore insufficient promotion to dismiss her for summary judgment [01:46:50.400 --> 01:46:56.400] because lawyers can't testify correct okay um then another case i was looking at was panhalo [01:46:56.400 --> 01:47:01.840] versus domes administrators 1795 in as much as every government is an artificial person [01:47:01.840 --> 01:47:06.000] and abstraction and the creature of the mind only a government can interface only with other [01:47:06.000 --> 01:47:12.240] artificial persons that case is bogus that statement in that case is bogus okay then let's [01:47:12.240 --> 01:47:15.680] craft that for a minute since we're limited on time can you speak to trinsey versus pagliaro [01:47:15.680 --> 01:47:20.800] no basically what that means is that the representative attorney on the other side [01:47:20.800 --> 01:47:27.760] cannot speak for that party as far as providing testimony doesn't mean he can't represent them [01:47:27.760 --> 01:47:34.240] but he cannot testify and he cannot make statements of fact he can't not he can't be [01:47:34.240 --> 01:47:40.640] the one that introduces evidence he has to have all other witnesses to do that [01:47:40.640 --> 01:47:48.000] that can you tell us the prosecutor to produce the plaintiff sure you can produce it and here's [01:47:48.000 --> 01:47:54.240] here's what you need to pay attention to and we actually had this happen recently when a prosecutor [01:47:54.240 --> 01:48:00.480] claims that as the representative of the state he is harmed you immediately move for his disqualification [01:48:02.480 --> 01:48:07.360] you mean the prosecutor claims to be harmed correct since he claims to be the representative [01:48:07.360 --> 01:48:12.640] of the state and we actually had one do this he said i'm the one that suffered the harm because [01:48:12.640 --> 01:48:19.040] i represent the state fine you're disqualified you cannot provide testimony or take the stand [01:48:19.040 --> 01:48:28.160] or act as a party in this case and be the attorney not understood now does there also have to be [01:48:28.160 --> 01:48:35.760] actual harm before any court can have jurisdiction according to the rules of standing yes okay [01:48:35.760 --> 01:48:42.480] okay however that's where the honorable part we discussed earlier comes in there is nothing [01:48:42.480 --> 01:48:49.200] about these courts that is based upon honor justice or due process the moment you believe [01:48:49.200 --> 01:48:58.080] that's true you've already undermined your ability to fight back okay as it was once said by another [01:48:58.080 --> 01:49:06.960] famous attorney on our show that did uh jurisdictionary dr graze uh when he said a lawsuit is an axe fight [01:49:08.080 --> 01:49:12.720] okay well a criminal suit is a double-fisted axe fight [01:49:16.240 --> 01:49:22.560] because you have uh at least well it's a rig game in other words exactly and the judge are against [01:49:22.560 --> 01:49:28.240] you exactly because you're not fighting one opponent in these cases you're fighting the whole [01:49:28.240 --> 01:49:36.000] thing would that be reason to be able to dismiss the case because of it won't dismiss the case it [01:49:36.000 --> 01:49:42.240] can disqualify the court or the prosecutor or the judge but it won't dismiss the case if that was [01:49:42.240 --> 01:49:48.000] the case nobody would ever could ever be brought to trial for anything even if they are guilty [01:49:48.000 --> 01:49:53.200] what if any of the testifying witnesses stay a cop on the stand for some drug traffic depression [01:49:54.000 --> 01:49:59.120] cannot testify that the fact that there was any injury to any person of any type of kind [01:49:59.120 --> 01:50:03.840] well you have to prove that there wasn't but the fact of the matter is you have to understand [01:50:04.400 --> 01:50:11.440] the statutes put in place don't require an injury they don't require a criminal mind they don't [01:50:11.440 --> 01:50:16.560] require any of that that's what makes them capricious and arbitrary that's what makes them [01:50:16.560 --> 01:50:22.960] unconstitutional when applied to the people how do you fight those well i thought i was [01:50:22.960 --> 01:50:26.240] explaining that at the beginning of this that's what this whole show has been about is how to [01:50:26.240 --> 01:50:32.240] fight those right well i guess i was kind of loaded kind of an open question or too vague [01:50:32.240 --> 01:50:37.600] but is there a way to um uh disqualify when it's on the stand they impeach you when it's on the [01:50:37.600 --> 01:50:42.320] stand because well of course there is but it all depends upon what the situation is as to how [01:50:42.320 --> 01:50:50.640] that's going to happen okay for instance here's something that should be easy especially in the [01:50:50.640 --> 01:50:54.160] speeding charge something i was going to touch on in this but wanted to get the collars before [01:50:54.160 --> 01:50:58.720] we ran completely out of time in a speeding allegation one of the things that they have [01:50:58.720 --> 01:51:06.240] to prove is reasonable and prudent okay so here's what the prosecutor does officer is it your [01:51:06.240 --> 01:51:11.520] professional opinion or is it your experience that this speed was not reasonable and prudent [01:51:11.520 --> 01:51:17.680] the moment either of those statements comes out of a prosecutor's mouth you need to be objecting [01:51:18.640 --> 01:51:25.440] objection calls for speculation or opinion the officer is not sworn in as an expert witness [01:51:25.440 --> 01:51:32.160] his opinion is inadmissible his experience is relevant only to the specific acts in which the [01:51:32.160 --> 01:51:40.400] experience occurred and has no place or relationship to the current case as it's been then can you have [01:51:40.400 --> 01:51:45.680] his testimony stricken from the record because you move to get it stricken if he ever gets it out but [01:51:45.680 --> 01:51:52.480] the whole point of objecting is before he does that okay you don't have to strike it unless he [01:51:52.480 --> 01:51:57.920] got it into the record right so in other words the defendant objects and not not the prosecutor [01:51:57.920 --> 01:52:03.200] objecting to their own witness they're not going to object to their own witness you have to object [01:52:03.200 --> 01:52:10.960] either one of those forms of questions from the prosecutor to the cop uh-huh okay and what if the [01:52:10.960 --> 01:52:16.720] if you ask those questions of cop as a defendant why would you ask those questions why would you [01:52:16.720 --> 01:52:22.320] ask the questions i just said to attempt to cause the prosecutor to deem her own witness [01:52:22.320 --> 01:52:27.680] incompetent to testify no you do that differently you don't why would you ask a question the [01:52:27.680 --> 01:52:40.800] prosecutor wants answered okay yeah okay understood okay there are other ways to do that [01:52:40.800 --> 01:52:46.160] you could go after the officer for competency but you don't do it in a way that favors the prosecution [01:52:48.320 --> 01:52:54.000] how about false arrest there is no false arrest in texas only false imprisonment [01:52:54.000 --> 01:53:03.440] okay i see the courts here ruled that false arrest is in and of itself an untaking of a [01:53:03.440 --> 01:53:08.880] per a physical seizure of person making it an imprisonment so that's what the only allegation [01:53:08.880 --> 01:53:15.920] here is but in any case what's your question in relation to it well you have to in other words [01:53:15.920 --> 01:53:22.080] you have to physically remove that cop has to physically remove uh someone that they've stopped [01:53:22.080 --> 01:53:28.240] to a different location no that's kidnapping arrest is simply preventing you from leaving of [01:53:28.240 --> 01:53:32.960] your own volition that's easier under the fourth amendment because you're not free to go correct [01:53:33.680 --> 01:53:39.920] okay okay and the issue there becomes to dip to impeach and disqualify is to prove that that [01:53:39.920 --> 01:53:46.480] initial arrest was illegal on its face hence here in texas when they use speeding as the base fact [01:53:46.480 --> 01:53:52.160] pattern for the stop they've already screwed themselves because unless they can first show [01:53:52.160 --> 01:53:59.440] that harm to person or property which that statute does require they had no grounds to make the stop [01:53:59.440 --> 01:54:04.320] for speeding all right and if that's proven that basically in effect it was a false arrest then [01:54:04.880 --> 01:54:10.240] can the the officer lose his judicial immunity and can be sued he doesn't have judicial immunity [01:54:10.240 --> 01:54:18.160] oh period no matter what no his immunity is qualified or official it's not judicial only [01:54:18.160 --> 01:54:25.200] the prosecutor and the judge have judicial immunity it's both understood okay well Eddie [01:54:25.200 --> 01:54:28.640] I don't want to take up much more time you don't have much more time to go maybe let somebody else [01:54:28.640 --> 01:54:34.880] in all right joe I appreciate the call thank you sir very much you're welcome bye bye all right now [01:54:34.880 --> 01:54:40.720] we're going to go to Andrew in Pennsylvania Andrew what do you got yes in regards to what happened to [01:54:40.720 --> 01:54:45.200] me in Arizona I just want to go over something that might be seeing a little bit of conflict in [01:54:45.200 --> 01:54:50.240] regards to how to go over the script first of all when you articulate the script I mean I think [01:54:50.240 --> 01:54:55.040] maybe I articulated the script a little too well because the officer was like are you on some [01:54:55.040 --> 01:54:59.040] medication or something because I'm not making any sense of what you're saying and second of all when [01:54:59.040 --> 01:55:03.200] I was in the back of the cop car the one of the officers she called his life so how long did it [01:55:03.200 --> 01:55:07.920] take you to memorize whatever it is that you were reciting but no that's really fine but the [01:55:07.920 --> 01:55:12.800] regulation here is when I was saying if I were for the record I am not operating in a for hire [01:55:12.800 --> 01:55:18.800] capacity by engaging blah blah blah I had to say that three times because the officer would not [01:55:18.800 --> 01:55:22.880] acknowledge that he had been so informed and I was hoping he would because something would have done [01:55:22.880 --> 01:55:27.680] the whole am I under arrest okay why do you have to keep repeating that why can't you just simply [01:55:27.680 --> 01:55:32.000] ask officer would you please acknowledge the information that I requested of you would you [01:55:32.000 --> 01:55:37.840] please acknowledge that show that he is avoiding it for a reason Andrew don't confuse the issue by [01:55:37.840 --> 01:55:44.640] constantly repeating the same thing but that's it's already in there okay right keep it reasonable [01:55:44.640 --> 01:55:49.920] officer I asked you a valid question can you please respond do do you understand or do you [01:55:49.920 --> 01:55:55.920] will will you say you've been so informed doesn't matter whether it doesn't matter whether he says [01:55:55.920 --> 01:56:02.480] it doesn't matter whether he says yes or no the fact is you said it if the video shows you said it [01:56:02.480 --> 01:56:07.280] what difference does it make whether he acknowledges it or not he can't say he didn't know [01:56:09.280 --> 01:56:15.680] if he if he even begins to say that he didn't understand he didn't comprehend what you were [01:56:15.680 --> 01:56:21.280] saying then we have a way to get at him for everything else well officer since you can't [01:56:21.280 --> 01:56:26.240] understand the spoken word and you can't comprehend English sentence structure could you please [01:56:26.240 --> 01:56:30.800] explain to the court how you managed to comprehend the written word in the form of the statute you [01:56:30.800 --> 01:56:37.920] were attempting to enforce when they do stupid stuff like that it works to your advantage if [01:56:37.920 --> 01:56:46.640] you learn how you can use it I say this in my class every Sunday there is absolutely nothing [01:56:46.640 --> 01:56:55.040] that officer or that prosecutor or that judge can say or do that you should not have a response for [01:56:55.040 --> 01:57:00.240] if you have done your duty in learning what the rules are and what the statutes are they're [01:57:00.240 --> 01:57:06.080] required to use you do that there is nothing they can do that you can't respond to [01:57:09.600 --> 01:57:14.400] okay okay fair enough but just one little sort of conflicting here way back in the day [01:57:14.400 --> 01:57:19.040] when you interviewed Darren McBrain on infoward like certainly in 2012 when you gave a much more [01:57:19.040 --> 01:57:23.840] abridged version of your script you actually said that you asked the questions am I under rest am I [01:57:23.840 --> 01:57:29.680] free to go before you acknowledge that you're not in transportation in your much more unabridged [01:57:29.680 --> 01:57:34.400] version of your script you say that before you would ask him am I under rest am I free to go I [01:57:34.400 --> 01:57:39.200] mean is there any way that's better than the other or or not really there is nothing in the [01:57:39.200 --> 01:57:45.520] script that is set in stone which I've also said multiple times you go to whatever part of the [01:57:45.520 --> 01:57:51.600] script you need to when you need to during the encounter you get as much information from the [01:57:51.600 --> 01:57:59.200] script as you can but it is not set in stone in any particular order you have to adapt to the [01:57:59.200 --> 01:58:13.120] situation all right Andrew thanks for calling in all right folks I am sorry we are out of time [01:58:13.120 --> 01:58:17.600] for the night it has been one of those evenings where hopefully the information I provided will [01:58:17.600 --> 01:58:24.240] be of use to you and hopefully you'll never have to use it but if you do you now know how [01:58:24.240 --> 01:58:30.720] there's documents for this in the seminar material as well so folks if you don't have it please get [01:58:30.720 --> 01:58:36.320] it it's how we fund this and it will teach you far more than I can do in three hours on a Monday [01:58:37.040 --> 01:58:41.840] all right folks y'all have a great night thanks for calling in please keep us in your financial [01:58:41.840 --> 01:58:48.240] prayers please donate to me to get this lawsuit in order and let's get busy see you next Monday [01:58:48.240 --> 01:58:55.600] be dangerous bibles for america is offering absolutely free a unique study bible called [01:58:55.600 --> 01:59:00.800] the new testament recovery version the new testament recovery version has over 9 000 [01:59:00.800 --> 01:59:07.200] footnotes that explain what the bible says verse by verse helping you to know god and to know the [01:59:07.200 --> 01:59:16.560] meaning of life order your free copy today from bibles for america call us toll free at 888-551-0102 [01:59:16.560 --> 01:59:24.800] or visit us online at bfa.org this translation is highly accurate and it comes with over 13 000 [01:59:24.800 --> 01:59:30.960] cross references plus charts and maps and an outline for every 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