[00:00.000 --> 00:05.840]  The following news flash is brought to you by the Lone Star Lowdown, providing your deli
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.360]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.360 --> 00:27.640]  Markets for Monday, the 2nd of May, 2016, are currently treading with gold at $1,291.86
[00:27.640 --> 00:35.880]  an ounce, silver at $17.57 an ounce, Texas crude at $45.92 a barrel, and Bitcoin is
[00:35.880 --> 00:45.240]  currently at about $446 U.S. currency.
[00:45.240 --> 00:50.720]  Today in history, the year 2011, Osama Bin Laden, the suspected mastermind behind the
[00:50.720 --> 00:55.480]  September 11 attacks and the FBI's most wanted man for other unrelated terrorist attacks
[00:55.480 --> 01:00.760]  is killed by the United States Special Forces DEVGRU, or SEAL Team 6, the end of Osama
[01:00.760 --> 01:08.400]  Bin Laden in Abbottabad, Pakistan today in history.
[01:08.400 --> 01:12.760]  In recent news, Carnival Cruise's line, Adenaya, became the first U.S. cruise ship to dock
[01:12.760 --> 01:15.760]  in Havana on Monday for nearly 40 years.
[01:15.760 --> 01:18.120]  The Adenaya is one of the Carnival's smaller ships.
[01:18.120 --> 01:22.600]  However, the addition of U.S. cruise routes to there are expected to bring Cuba tens of
[01:22.600 --> 01:27.800]  millions in American currency because of tourism, a much needed boost to the Cuban economy.
[01:27.800 --> 01:32.880]  More than a dozen lines have announced plans to run U.S. Cuban cruises which have the potential
[01:32.880 --> 01:37.680]  of raking in $80 million a year, according to a report also released today from the U.S.-Cuba
[01:37.680 --> 01:39.440]  Trade and Economic Council.
[01:39.440 --> 01:43.440]  Unfortunately, most of the money does go directly to the Cuban government because the cruise
[01:43.440 --> 01:49.640]  company pays the government $500,000 per cruise, while passengers spend roughly $100 per person
[01:49.640 --> 01:51.720]  in each city that they visit.
[01:51.720 --> 01:56.560]  People are stating that the Adenaya line will cruise twice a month from Miami to Havana,
[01:56.560 --> 02:01.680]  where it will start at $1,800 per person to seven-day circuit, but with stops in the cities
[02:01.680 --> 02:04.760]  of San Fuegos and Santiago.
[02:04.760 --> 02:08.520]  Even though President Obama and Raul Castro have loosened economic restrictions between
[02:08.520 --> 02:13.600]  the U.S. and Cuba, the trips are required to include Cuban history and cultural workshops
[02:13.600 --> 02:18.000]  with tours of the cities in order to have them qualify as people-to-people educational
[02:18.000 --> 02:27.040]  travels, since pure tourism is still banned under U.S. regulations.
[02:27.040 --> 02:30.640]  Elon Musk is aiming his SpaceX Falcon rocket to greater heights.
[02:30.640 --> 02:36.240]  His new project Red Dragon aims to land people, including himself, on Mars as early as 2018.
[02:36.240 --> 02:40.680]  The Falcon Heavy will have 27 first-stage engines compared to the nine aboard the SpaceX
[02:40.680 --> 02:45.160]  current Falcon rocket, and is scheduled for its first test flight before the end of the
[02:45.160 --> 02:46.160]  year.
[02:46.160 --> 02:49.600]  Elon Musk, who has landed craft on the Red Planet seven times successfully already, said
[02:49.600 --> 02:52.720]  it would offer technological insight and advice.
[02:52.720 --> 03:21.280]  This is Rick Brody with your Lowdown for May 2, 2016.
[03:21.280 --> 03:31.780]  But we have just been stuck here for the last ten years.
[03:31.780 --> 03:25.580]  Back when the
[03:25.580 --> 03:41.220]  Meena-Yin had some news to tell the world.
[03:41.220 --> 03:46.220]  Look at my day son, a man has an answer for the wicked that he's done
[03:47.220 --> 03:50.220]  Take all the rope in Texas by the tall old tree
[03:51.220 --> 03:54.220]  Round up all of them bad boys in the highest street
[03:56.220 --> 03:58.220]  For all the people to see
[04:01.220 --> 04:04.220]  That justice is the one thing you should always find
[04:05.220 --> 04:08.220]  You gotta settle up your boys, you gotta draw a hard line
[04:08.220 --> 04:12.220]  When the guns won't settle, we'll sing a victory tune
[04:13.220 --> 04:16.220]  And we'll all be back and we'll hope for some good
[04:17.220 --> 04:21.220]  We'll raise up our glasses against evil forces singing
[04:22.220 --> 04:26.220]  Westgate for my men, beer for my horses
[04:26.220 --> 04:31.220]  We ain't got too many guns to play with
[04:57.220 --> 05:04.220]  We are halfway through 2016 and well on our way to a national disaster come November
[05:05.220 --> 05:10.220]  Doesn't matter who's gonna get elected, doesn't matter what they're elected to
[05:11.220 --> 05:13.220]  None of it's any good
[05:14.220 --> 05:19.220]  We need to stop looking for leaders, okay, and we need to stop being willing followers
[05:20.220 --> 05:24.220]  We need to realize that if all men are created equal
[05:24.220 --> 05:28.220]  That would include those that actually seem to think they aren't
[05:29.220 --> 05:32.220]  We need to stop asking somebody else to tell us how to live our life
[05:33.220 --> 05:36.220]  Plain and simple, we got too many of those that are too willing to do it
[05:37.220 --> 05:42.220]  And have no credibility or capability to live my life better than I do or yours better than you do
[05:43.220 --> 05:50.220]  So we need to start doing a better job of educating others that they're not making a difference by voting
[05:50.220 --> 05:56.220]  Okay, they're not making a difference by saying we want you to lead us
[05:57.220 --> 06:00.220]  But then again, what are you going to do? There are some people that
[06:01.220 --> 06:06.220]  Whether we like it or not actually require one before they hurt themselves
[06:07.220 --> 06:13.220]  What do you do with them? You know, used to we'd commit them, but now we elect them to public office
[06:13.220 --> 06:20.220]  Oh, well, that being said, we've got a the phones are already open calling number is five one two six four six
[06:21.220 --> 06:26.220]  1984 and while we're waiting on a couple of people which we have a couple but they haven't been screened yet
[06:27.220 --> 06:33.220]  So I'm waiting for that. So while I'm waiting for that, I would like to welcome Michael Badneric back to Texas
[06:34.220 --> 06:38.220]  He's been gone for about five years and he is now back permanently
[06:38.220 --> 06:47.220]  And is going to start looking to do his constitutional classes and so on and so forth here in Austin or wherever else
[06:48.220 --> 06:55.220]  Fairly soon and I am hoping here on one of these Monday nights to be able to get him on really soon as my guest
[06:56.220 --> 07:02.220]  Talk about being back and he came down to the class yesterday and that's the first class Michael has been in
[07:02.220 --> 07:08.220]  And he seemed to enjoy it, but I'm not going to put words in his mouth by saying anything
[07:09.220 --> 07:12.220]  I'll wait until he comes on the show and let him tell you what he thought about it all
[07:13.220 --> 07:16.220]  But folks, I'm going to put it in your ear one more time
[07:17.220 --> 07:25.220]  That if you truly want to learn how to fight back when you are confronted by these
[07:25.220 --> 07:31.220]  Bureaucrats that think that what you own is within their power to control
[07:32.220 --> 07:35.220]  You need to come to my class for two reasons
[07:36.220 --> 07:40.220]  Not just to defend yourself from what they do
[07:41.220 --> 07:50.220]  But so that you understand why you have an obligation to serve on a jury and defend others from what they do as well
[07:50.220 --> 07:59.220]  We are the only thing that each other has to protect our rights from these people. You understand that, right?
[08:00.220 --> 08:04.220]  You get on a jury, you don't go looking for a way to get off
[08:05.220 --> 08:12.220]  You look for a way to exercise your power to say no when the reason you're on that jury is unjust
[08:12.220 --> 08:20.220]  And you got to understand that 95% of what you'll be there for will be unjust
[08:21.220 --> 08:25.220]  You could be the voice that changes everything
[08:26.220 --> 08:35.220]  If you want an example of what I'm talking about in that regard, you need to see a movie starring Henry Fonda called 12 Angry Men
[08:36.220 --> 08:40.220]  Okay? You really need to watch this movie
[08:40.220 --> 09:01.220]  And slight spoiler alert, I'm not going to tell you how it ends, but the whole premise of this movie is that there is a teenage male on trial for allegedly stabbing and killing his father or stepfather or whatever with a switchblade knife
[09:02.220 --> 09:07.220]  Henry Fonda and these other men are serving on the jury at his trial
[09:07.220 --> 09:21.220]  And the whole movie revolves around the deliberations of the jury in the jury room trying to reason out the information and testimony they were given at trial
[09:21.220 --> 09:39.220]  And figure out what was missed, were they given everything, was the testimony sound, a jury that actually was thinking rather than just saying, oh my, I got stuff to do
[09:40.220 --> 09:46.220]  But the thing about it is, that's exactly what the jury was doing at first, all except for Henry Fonda
[09:46.220 --> 09:54.220]  Henry Fonda was the dissenting voice that said something isn't right
[09:55.220 --> 10:06.220]  And that's all I'm going to say about it, but if you really want to understand what I'm talking about in regards to protecting your fellow man from an unjust conviction or an unjust punishment
[10:06.220 --> 10:15.220]  That movie will show you exactly why you need to understand why a jury is so important to our livelihood
[10:16.220 --> 10:27.220]  Why serving on a jury and keeping an open mind and a good attitude and understanding where you're being misled intentionally by both sides
[10:27.220 --> 10:36.220]  Because you understand what rights are, you understand what freedom is, you understand what a malum prohibitum law is where no one actually got harmed
[10:37.220 --> 10:48.220]  And yet they're trying to either lock this guy up or they're trying to take his money or his property or something and he did nothing actually wrong or harmful to anyone
[10:48.220 --> 11:01.220]  You need to understand why that's important. We've let that slide too far. How do you think attorneys have managed to get so much control of the judicial system?
[11:02.220 --> 11:13.220]  Because they can fool a jury that won't think and won't reason easily. It only takes one person to hang a jury, only one
[11:13.220 --> 11:20.220]  But that one person may also be the one that changes a jury's mind for the better and for the right reasons
[11:21.220 --> 11:28.220]  Be that someone by educating yourself, by participating in learning. We need that
[11:28.220 --> 11:42.220]  All right, all that ranting aside, let's start taking some calls. Again, 512-646-1984 is the call-in number and we have Andrew in Pennsylvania. Andrew, what can we do for you?
[11:42.220 --> 11:57.220]  A couple of questions. First of all, I mentioned back in the day when I called on your show about how one lawyer argued that in the United States of America sovereignty would not be like a sovereign citizen
[11:57.220 --> 12:15.220]  because of the United States citizen clause in the 14th Amendment. When I brought that up to another lawyer's attention recently, he said the way you would argue something like that to argue your sovereignty would be to say that there are two constitutions, the Constitution of the United States of America
[12:15.220 --> 12:27.220]  Whoa, whoa, whoa, whoa, whoa, whoa. I didn't say that. No, no, you didn't say that. No, no. Okay, okay, I just want to be clear about that. For a minute there, I thought you were alluding that I'd made that argument. No.
[12:28.220 --> 12:38.220]  No, no, but the lawyer did say there's two constitutions, the one's the United States of America and then the one that got switched with that Constitution of the United States, or the capital, United
[12:38.220 --> 12:43.980]  So that makes sense to use that as an argument when someone says there is no sovereignty
[12:43.980 --> 12:48.100]  in the United States of America because the Fourth Amendment, you point out that there's
[12:48.100 --> 12:53.500]  two constitutions and you're referencing the first constitution.
[12:53.500 --> 12:56.260]  And he's going to prove up that this would argument would be viable.
[12:56.260 --> 12:57.260]  How?
[12:57.260 --> 12:58.260]  What attorney said this?
[12:58.260 --> 13:03.980]  This was at a conference that I attended several months ago and until the conversation ended
[13:03.980 --> 13:09.340]  at that point, I was during question and answer after he gave a presentation when I asked
[13:09.340 --> 13:10.340]  him this and then.
[13:10.340 --> 13:11.340]  Okay.
[13:11.340 --> 13:14.900]  So an actual attorney said argue the two constitutions.
[13:14.900 --> 13:17.820]  I believe he is sort of an attorney, yes.
[13:17.820 --> 13:21.020]  Well we're not talking about private attorney general, are we?
[13:21.020 --> 13:26.020]  No, no, he kind of keeps quiet because he's discovered a cure for cancer and he needs
[13:26.020 --> 13:29.300]  to keep his mouth shut and his identity secret from any...
[13:29.300 --> 13:33.260]  Well if he's actually a bar card carrying attorney making the two constitution argument,
[13:33.260 --> 13:38.900]  he's got bigger worries about keeping his identity a secret.
[13:38.900 --> 13:41.140]  Here's the deal, okay?
[13:41.140 --> 13:45.420]  First off, as an attorney, he should know flat out that the United States Supreme Court
[13:45.420 --> 13:50.780]  has no authority to expand the meaning and intent of a constitutional amendment beyond
[13:50.780 --> 13:53.060]  its original scope.
[13:53.060 --> 13:58.100]  And its original scope was limited to the freed slaves of the day.
[13:58.100 --> 14:06.860]  The United States Constitution cannot be amended by the Supreme Court, period.
[14:06.860 --> 14:13.500]  So what we actually need to do is say, sorry, that is an incorrect interpretation.
[14:13.500 --> 14:17.700]  You cannot expand it to go beyond its original intent.
[14:17.700 --> 14:24.660]  The states have every right under their sovereignty to tell the United States Supreme Court no
[14:24.660 --> 14:29.980]  when it is doing an obvious thing it's not authorized to do.
[14:29.980 --> 14:37.220]  If the courts are not empowered to make law, they are not empowered to create a new version
[14:37.220 --> 14:43.220]  of the Constitution any more than they are to create law.
[14:43.220 --> 14:48.300]  The problem here is, is they are taking the Constitution where it says that the decision
[14:48.300 --> 14:50.020]  to the Supreme Court are final.
[14:50.020 --> 14:54.900]  But you got to understand, the Supreme Court, as you assert powers, it was never given such
[14:54.900 --> 14:58.860]  as the power to be the sole interpreter of the Constitution.
[14:58.860 --> 15:00.620]  Where did we authorize that?
[15:00.620 --> 15:04.540]  We didn't.
[15:04.540 --> 15:05.540]  That's the problem.
[15:05.540 --> 15:10.820]  Two Constitutions or one Constitution does not change the fact the United States Supreme
[15:10.820 --> 15:19.460]  Court in numerous instances has done things it is not authorized to do.
[15:19.460 --> 15:24.460]  And the problem is, is your state goes along with it.
[15:24.460 --> 15:25.460]  Okay.
[15:25.460 --> 15:26.460]  Thank you.
[15:26.460 --> 15:31.460]  And that's out of the way.
[15:31.460 --> 15:36.940]  The second thing, you probably remember the question I asked, would it make sense to add
[15:36.940 --> 15:41.260]  crime as the night that these instances one who does no harm causes no crime.
[15:41.260 --> 15:45.620]  And your argument was, well, that might cause confusion between infraction and violation.
[15:45.620 --> 15:47.420]  And why would you not object to those terms?
[15:47.420 --> 15:55.020]  Well, I mean, couldn't one make the same case about using law as a deadly sin and say, aren't
[15:55.020 --> 15:56.340]  you kind of confusing that with law?
[15:56.340 --> 16:01.500]  We do use the term law as a deadly sin here when they do that.
[16:01.500 --> 16:05.740]  Because they're referencing a statute, they're not referencing a law.
[16:05.740 --> 16:11.180]  And when they try to argue that the statute is the law, they're shooting their other argument
[16:11.180 --> 16:16.620]  in the face that you cannot, when they say that, no, you cannot introduce the statute
[16:16.620 --> 16:19.180]  as law in this court.
[16:19.180 --> 16:22.900]  They're admitting right there that it's not the law when they deny you the ability to
[16:22.900 --> 16:25.500]  admit it as the law.
[16:25.500 --> 16:30.500]  And then try to tell you that the statute is the law, that's a contradictory statement.
[16:30.500 --> 16:31.500]  Okay.
[16:31.500 --> 16:37.340]  So hang on just a second, Andrew, I got a break and we'll pick you up on the other side
[16:37.340 --> 16:38.340]  of that.
[16:38.340 --> 16:45.380]  All right, folks, this is Rule of Law Radio, the call in number 512-646-1984, question
[16:45.380 --> 16:49.940]  query quandary complaint or just general discussion, give us a call and get in line and we'll get
[16:49.940 --> 16:52.500]  to you as soon as we can here.
[16:52.500 --> 17:01.740]  Y'all hold on, folks, we'll be right back after this break.
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[18:00.500 --> 18:05.100]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:59.860 --> 19:06.860]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:06.860 --> 19:31.860]  Look one again, we ask the Christian, no wonder why they don't have the answer.
[19:31.860 --> 19:46.860]  We ask the Christian, look one again, they don't have the answer, so they sleep inside.
[19:46.860 --> 20:05.860]  We ask the Christian, look one again, they don't have the answer, so they sleep inside.
[20:05.860 --> 20:12.860]  We ask the Christian, look one again, they don't have the answer, so they sleep inside.
[20:12.860 --> 20:30.860]  We ask the Christian, look one again, they don't have the answer, so they sleep inside.
[20:30.860 --> 20:39.380]  We ask the Christian, look one again, they don't have the answer, so they sleep inside.
[20:39.380 --> 20:44.940]  Unless you can explain why you're objecting to it, how does it help you?
[20:44.940 --> 20:53.940]  If they don't define the term, okay, if they don't define it, then what are you arguing?
[20:53.940 --> 20:59.860]  Well, it's a bunch on the spot, but I do remember a newspaper article where you were mentioned
[20:59.860 --> 21:04.420]  back in the day where maybe a journalist misquoted you.
[21:04.420 --> 21:09.980]  If anything about me's ever been written in a newspaper, guaranteed the journalist misquoted
[21:09.980 --> 21:10.980]  me.
[21:10.980 --> 21:16.340]  Okay, well, the journalist said, Eddie says that there is no harm, there is no crime,
[21:16.340 --> 21:21.020]  and then some guy who teaches at a college said, no, in modern times, there is no corpus
[21:21.020 --> 21:24.900]  delecti, even if there is no harm, if you could show it.
[21:24.900 --> 21:31.900]  Yeah, that was a professor, a law professor at Rice University who, surprise and all that,
[21:31.900 --> 21:34.220]  was an attorney, okay?
[21:34.220 --> 21:40.700]  The problem is, is no one authorized our public servants to convert everyday activities into
[21:40.700 --> 21:42.300]  criminal activities.
[21:42.300 --> 21:44.200]  No one did that.
[21:44.200 --> 21:48.700]  No one authorized them to create laws to interfere with the private life and property of the
[21:48.700 --> 21:50.320]  people.
[21:50.320 --> 21:54.940]  Just because they did it does not make it valid, okay?
[21:54.940 --> 21:59.700]  And just because some law professor buys into the legal system of which he profited for
[21:59.700 --> 22:06.300]  all those years, either as a professor teaching the crap that they do to other attorneys that
[22:06.300 --> 22:12.020]  graduate and become thieves in their own right, or actually out practicing.
[22:12.020 --> 22:18.340]  I mean, if a catburger came to you and explained to you that it's not actually a crime to rob
[22:18.340 --> 22:24.340]  somebody above the ground floor as long as you don't hurt them, would you buy that?
[22:24.340 --> 22:31.140]  Yeah, I would say, yeah, as long as I don't hurt someone, so it's no crime.
[22:31.140 --> 22:33.780]  It's not a crime to steal from someone.
[22:33.780 --> 22:36.780]  It is a crime to steal from someone.
[22:36.780 --> 22:46.380]  Okay, then how would you say it's not a crime, whether they hurt someone or not?
[22:46.380 --> 22:50.980]  Well wait a minute, theft, that's, if you are harming someone, would you steal from
[22:50.980 --> 22:53.980]  someone because you're taking their resources?
[22:53.980 --> 23:01.660]  Okay, the point here being that just because some rice professor said it doesn't make it
[23:01.660 --> 23:08.420]  so, just because some judge said it doesn't make it so, because all of them are part of
[23:08.420 --> 23:14.100]  a system that they know to be corrupt and they facilitate that corruption and they keep
[23:14.100 --> 23:21.060]  it alive by their very decisions and actions.
[23:21.060 --> 23:22.480]  They have to know this.
[23:22.480 --> 23:27.020]  If they don't know this, then we face a whole new problem in the fact that they're complete
[23:27.020 --> 23:32.260]  psychopaths and they're in charge of the justice system.
[23:32.260 --> 23:34.260]  How's that working out?
[23:34.260 --> 23:41.460]  Right, but I still need to ask Eddie, the word law, does it actually have a definition
[23:41.460 --> 23:44.940]  anywhere that allows you to make it a deadly sin?
[23:44.940 --> 23:48.420]  Okay, you're not listening to me, Andrew.
[23:48.420 --> 23:56.020]  We do object to the term law as a deadly sin and the reason is, is because they are referencing
[23:56.020 --> 23:59.420]  a statute, not a law.
[23:59.420 --> 24:04.180]  So when they say the person broke the law, we object.
[24:04.180 --> 24:09.820]  There's no evidence that this is a law, it's a statute.
[24:09.820 --> 24:18.420]  Yeah, of course, when you call law in the United States, the federal, the state constitution
[24:18.420 --> 24:22.380]  and the bills that are signed by the governor, well, in other, that wouldn't apply to foreign
[24:22.380 --> 24:23.380]  countries, wouldn't it?
[24:23.380 --> 24:25.180]  They would have different things that they would consider.
[24:25.180 --> 24:27.580]  Probably, but you'd have to see what those are.
[24:27.580 --> 24:35.060]  In England, it would be whatever the laws of parliament are, but if they do regulatory,
[24:35.060 --> 24:39.660]  which most countries do right now, they have a statutory code for everything.
[24:39.660 --> 24:46.660]  The statutory code, unless they do verbatim exactly what the act itself said, rather than
[24:46.660 --> 24:54.340]  interpret it and expand it for the purpose of application, which is why they do it, then
[24:54.340 --> 24:56.900]  we're not talking about the law.
[24:56.900 --> 25:05.340]  Right, and with transportation being defined through case law, I mean every country...
[25:05.340 --> 25:09.860]  Not just case law, it's defined by the industry itself as well.
[25:09.860 --> 25:15.700]  Okay, so in a country other than the United States of America, when trying to define transportation,
[25:15.700 --> 25:21.780]  would you look at the case law or some industry dictionary?
[25:21.780 --> 25:24.740]  You look and see if there's information on both.
[25:24.740 --> 25:29.540]  You ask anyone in the transportation industry what transportation is, and they'll tell you.
[25:29.540 --> 25:36.020]  Real quick, they'll tell you, that if you look here in Texas in chapter 312 of the government
[25:36.020 --> 25:45.980]  code, 312.002, you'll see real quick that's exactly what it says, that when there is an
[25:45.980 --> 25:55.220]  industry standard definition for a term, that definition controls, period.
[25:55.220 --> 25:59.740]  That's what it says.
[25:59.740 --> 26:03.060]  Yeah, because I remember you having on previous shows used the...
[26:03.060 --> 26:06.980]  There's two cases that you would look at to define transportation.
[26:06.980 --> 26:11.820]  It's important you check out both cases, but there's also not just the case law, but you
[26:11.820 --> 26:18.020]  can define transportation through the method you just said, the one you described.
[26:18.020 --> 26:24.260]  Yeah, every state says that there is a way to determine which definition is applicable.
[26:24.260 --> 26:27.940]  There's a hierarchy in statutory interpretation.
[26:27.940 --> 26:34.100]  The hierarchy is, first and foremost, what is the context we are discussing terminology
[26:34.100 --> 26:35.340]  in?
[26:35.340 --> 26:41.220]  We are discussing it in relation to some alleged law, correct?
[26:41.220 --> 26:42.780]  Correct.
[26:42.780 --> 26:50.460]  Okay, so the context is in relation to law or an industry to which the law applies, correct?
[26:50.460 --> 26:51.460]  Correct.
[26:51.460 --> 26:52.460]  Okay.
[26:52.460 --> 26:58.460]  So the hierarchy is, have the courts or the industry defined it?
[26:58.460 --> 27:01.300]  That's your middle level.
[27:01.300 --> 27:06.820]  Above that is, does the law itself define it?
[27:06.820 --> 27:14.220]  Below it is common English because no one has defined it other than standard common
[27:14.220 --> 27:16.020]  usage.
[27:16.020 --> 27:19.400]  So the ranking is, does the law define it?
[27:19.400 --> 27:24.380]  If the law does not have the courts or the industry defined it, if they have not and
[27:24.380 --> 27:31.460]  it's just a commonly accepted meaning all over, then it's common usage, the common usage.
[27:31.460 --> 27:38.180]  Otherwise, when the context is law and it says words will have their common meaning,
[27:38.180 --> 27:41.860]  it means common meaning as used in law.
[27:41.860 --> 27:47.100]  Thank you for clarifying that.
[27:47.100 --> 27:48.100]  No problem.
[27:48.100 --> 27:51.060]  All right, take care, now that's all.
[27:51.060 --> 27:53.060]  All right, thanks for calling in.
[27:53.060 --> 27:56.220]  All right, next one up is Eric in California.
[27:56.220 --> 27:58.260]  Eric, what can we do for you?
[27:58.260 --> 28:05.180]  Okay, I talked to you before concerning a traffic case to the civil infraction and
[28:05.180 --> 28:09.140]  the two charges are speeding and the proof of insurance.
[28:09.140 --> 28:10.140]  Right.
[28:10.140 --> 28:16.220]  And I had the arraignments and at this arraignment, I told me, it was a commissioner, not a judge.
[28:16.220 --> 28:22.260]  I told him that I cannot enter an unconscionable plea and he basically just ignored that, said,
[28:22.260 --> 28:26.540]  well, I'm going to file a plea on your behalf and once you want to enter a plea now.
[28:26.540 --> 28:30.340]  And I said, well, I cannot enter an unconscionable plea and he said, okay, we're going to file
[28:30.340 --> 28:32.540]  a plea on your behalf if not guilty.
[28:32.540 --> 28:37.860]  What you should have done was object to the entering of any plea because your rights are
[28:37.860 --> 28:42.260]  being violated by the entering of that plea.
[28:42.260 --> 28:43.260]  Did you object?
[28:43.260 --> 28:44.260]  Yeah.
[28:44.260 --> 28:51.220]  I didn't object to that, but I told him that I'm going to want a jury trial.
[28:51.220 --> 28:53.220]  Which he told you, you can't have?
[28:53.220 --> 28:54.220]  Yeah.
[28:54.220 --> 28:58.620]  Well, he said, well, you're going to have to file a proper paperwork for that.
[28:58.620 --> 29:01.100]  And then I said, well, I'm going to object.
[29:01.100 --> 29:03.140]  Wait, wait, wait, wait, wait, wait.
[29:03.140 --> 29:06.180]  You had one of those commissioners tell you that?
[29:06.180 --> 29:07.540]  Yeah.
[29:07.540 --> 29:10.420]  This is in California, right?
[29:10.420 --> 29:13.420]  California, yeah.
[29:13.420 --> 29:20.540]  See, the problem is that commissioner just lied to your face.
[29:20.540 --> 29:21.540]  You're nodding.
[29:21.540 --> 29:27.100]  California does not give you the right of a jury trial for a civil infraction.
[29:27.100 --> 29:33.300]  There is no paperwork to fill out unless they've changed something recently.
[29:33.300 --> 29:36.700]  And if they have, then that would mean that they would have had to have changed the fact
[29:36.700 --> 29:39.300]  that these are no longer civil infractions.
[29:39.300 --> 29:41.780]  Right, right.
[29:41.780 --> 29:42.780]  Okay.
[29:42.780 --> 29:49.540]  So, my question is, why didn't you go in there and challenge the commissioner from the get-go?
[29:49.540 --> 29:52.220]  But hang on a second, and you can answer that when we get back.
[29:52.220 --> 29:58.420]  All right, folks, this is Rule of Law Radio, calling number 512-646-1984, we'll be right
[29:58.420 --> 29:59.420]  back.
[29:59.420 --> 30:08.220]  Get out a hat and sunglasses, in San Diego, law enforcement agents are using video surveillance
[30:08.220 --> 30:11.900]  cameras and facial recognition to pick faces out of crowds.
[30:11.900 --> 30:16.740]  I'm Dr. Catherine Albrecht, back with details in a moment.
[30:16.740 --> 30:18.460]  Privacy is under attack.
[30:18.460 --> 30:22.060]  When you give up data about yourself, you'll never get it back again.
[30:22.060 --> 30:26.740]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.740 --> 30:32.260]  So, protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.260 --> 30:34.820]  Privacy, it's worth hanging on to.
[30:34.820 --> 30:40.420]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[30:46.260 --> 30:51.020]  Privacy invading technologies are coming online faster than you can scream Big Brother, and
[30:51.020 --> 30:55.140]  one California company called FaceFirst tops my spooky list.
[30:55.140 --> 31:00.180]  FaceFirst has developed scanners that can sweep a crowd from 100 feet away to record
[31:00.180 --> 31:03.780]  every face and feed those images into a database.
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[31:06.980 --> 31:12.060]  Privacy deployed in Panama, FaceFirst is now being tested on San Diego streets.
[31:12.060 --> 31:18.260]  Imagine the feds, drones, marketers, and stalkers all scanning our faces and identifying us
[31:18.260 --> 31:20.140]  as we walk down the street.
[31:20.140 --> 31:23.220]  Yikes, I'm buying a floppy hat and some sunglasses.
[31:23.220 --> 31:31.580]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.580 --> 31:36.940]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.940 --> 31:42.380]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:42.380 --> 31:43.860]  it was a controlled demolition.
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[32:16.900 --> 32:20.940]  in our own private capacity, and most importantly, the right to due process of law.
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[33:33.580 --> 33:48.660]  All right, folks, we are back.
[33:48.660 --> 33:50.300]  This is Rule of Law Radio.
[33:50.300 --> 33:52.740]  All right, we are talking to Eric in California.
[33:52.740 --> 33:57.620]  Now, Eric, if I'm not mistaken, you and I have done little email correspondence on this,
[33:57.620 --> 33:58.620]  have we not?
[33:58.620 --> 33:59.620]  Right.
[33:59.620 --> 34:05.060]  Now, I want to clarify something, I did actually object to the entering of a plea on my behalf.
[34:05.060 --> 34:06.060]  Okay.
[34:06.060 --> 34:09.900]  I just got confused with my notes here.
[34:09.900 --> 34:13.500]  So I objected to that and he basically ignored it.
[34:13.500 --> 34:21.380]  He said nothing about it and went ahead and entered the plea on my behalf, I'm guilty.
[34:21.380 --> 34:23.940]  Okay, wait, wait, wait, wait, wait.
[34:23.940 --> 34:26.220]  This is a civil infraction, correct?
[34:26.220 --> 34:27.220]  Correct.
[34:27.220 --> 34:29.100]  Yeah, it still is a civil infraction.
[34:29.100 --> 34:32.020]  Okay, then answer me this.
[34:32.020 --> 34:38.500]  How does one say I'm guilty for a civil anything?
[34:38.500 --> 34:47.100]  Right, I understand that that doesn't have any meaning in an infraction case.
[34:47.100 --> 34:48.100]  Okay.
[34:48.100 --> 34:53.260]  Okay, one thing you need to find out, and it may or may not be true, but you have to
[34:53.260 --> 34:57.700]  understand that you are not getting due process in these, one, because they're administrative.
[34:57.700 --> 35:06.940]  Two, the person that is your so-called commissioner is almost always a clerk of the court.
[35:06.940 --> 35:10.820]  You understand?
[35:10.820 --> 35:16.860]  You need to find out as much about this commissioner as you can, all right?
[35:16.860 --> 35:21.540]  Now, the problem here remains the same for them.
[35:21.540 --> 35:27.380]  And that is, is that the initial arrest was illegal.
[35:27.380 --> 35:31.020]  Did you file the paperwork I told you to write and file?
[35:31.020 --> 35:33.620]  Yes, I did.
[35:33.620 --> 35:34.620]  Okay.
[35:34.620 --> 35:41.020]  I filed a motion, and I haven't heard back from them.
[35:41.020 --> 35:42.700]  And on the docket history-
[35:42.700 --> 35:45.700]  Oh, wait, wait, wait.
[35:45.700 --> 35:50.860]  You didn't hear back from them, but they still had you come in and enter a plea?
[35:50.860 --> 35:55.500]  Well, I filed the motion after the arraignment.
[35:55.500 --> 35:58.380]  Wait a minute.
[35:58.380 --> 35:59.380]  When was this arraignment?
[35:59.380 --> 36:14.180]  This was about two weeks ago, and I filed the motion a couple of days later, and I filed
[36:14.180 --> 36:19.380]  a motion to dismiss because of subject matter jurisdiction and to suppress the evidence
[36:19.380 --> 36:26.020]  and testimony of the officer due to the fruit of the poison tree doctrine.
[36:26.020 --> 36:30.620]  And so I haven't heard anything back from them, and when I go to the court website-
[36:30.620 --> 36:32.300]  Okay, wait, wait, wait, wait, wait.
[36:32.300 --> 36:37.940]  You got to understand something about the argument in connection with suppression of
[36:37.940 --> 36:42.040]  evidence and challenging the jurisdiction of the court.
[36:42.040 --> 36:46.540]  The problem here is, is the court can't rule on the suppression of evidence if it lacks
[36:46.540 --> 36:48.220]  any and all jurisdiction.
[36:48.220 --> 36:49.620]  You understand that, right?
[36:49.620 --> 36:51.980]  Yeah, I guess so, yeah.
[36:51.980 --> 36:52.980]  Okay.
[36:52.980 --> 37:00.660]  So when you're making this argument, what you move for your dismissal is lack of evidence.
[37:00.660 --> 37:02.820]  Okay?
[37:02.820 --> 37:09.080]  The jurisdiction of the court has been established by statute as far as the type of offense,
[37:09.080 --> 37:15.500]  but the problem here is, is that the stop relating to the, or I'm sorry, to the infraction,
[37:15.500 --> 37:20.180]  the stop that initiated the infraction was illegal.
[37:20.180 --> 37:27.300]  Thus, the basis of the lack of jurisdiction is a lack of evidence because everything has
[37:27.300 --> 37:29.460]  to be suppressed.
[37:29.460 --> 37:35.140]  The court can only rule on that if it's got jurisdiction to do so.
[37:35.140 --> 37:37.980]  Okay, I understand.
[37:37.980 --> 37:39.140]  All right.
[37:39.140 --> 37:43.100]  And you also have to remember that you're not really in a court.
[37:43.100 --> 37:48.620]  You're in a pretend something, but it is not a court.
[37:48.620 --> 37:53.980]  I don't care what name they give it, it is not a court.
[37:53.980 --> 37:58.980]  And the reason we know this is because in a court, you have the right to a jury trial,
[37:58.980 --> 38:00.700]  whether it's civil or criminal.
[38:00.700 --> 38:05.260]  Now, here's the other thing about California and every other state that says, you don't
[38:05.260 --> 38:08.220]  have the right to a jury trial in the civil action.
[38:08.220 --> 38:10.620]  Yes, you do.
[38:10.620 --> 38:15.620]  The United States Supreme Court, or I'm sorry, the United States Constitution says very clearly
[38:15.620 --> 38:23.740]  that in a civil matter, where the amount at issue is in excess of $20, you have an absolute
[38:23.740 --> 38:26.260]  right to a jury trial.
[38:26.260 --> 38:29.380]  Right, okay.
[38:29.380 --> 38:31.340]  All right.
[38:31.340 --> 38:38.620]  So even though it's civil, we have one other thing to overcome, and it doesn't distinguish
[38:38.620 --> 38:42.340]  between civil one thing and civil another thing.
[38:42.340 --> 38:48.580]  Therefore, it doesn't distinguish between civil administrative and civil civil between
[38:48.580 --> 38:50.220]  two other people.
[38:50.220 --> 38:53.220]  You know what I'm saying?
[38:53.220 --> 38:54.220]  Correct, yeah.
[38:54.220 --> 38:55.220]  Okay.
[38:55.220 --> 39:00.320]  So without that distinguishing characteristic that says, oh, except in the case of civil
[39:00.320 --> 39:07.500]  administrative, where you don't have the right to anything.
[39:07.500 --> 39:11.940]  But the point here is when you say lack of jurisdiction, you're depriving them of the
[39:11.940 --> 39:18.220]  ability to throw the case out for lack of evidence because the initial stop was illegal.
[39:18.220 --> 39:21.900]  All right.
[39:21.900 --> 39:29.220]  So what you need to do is you make the motion to dismiss based upon a lack of evidence.
[39:29.220 --> 39:35.380]  But the problem here is going to be that you won't have a lack of evidence unless the motion
[39:35.380 --> 39:38.380]  to suppress is granted.
[39:38.380 --> 39:45.900]  Then what you file is your motion to dismiss, or at least a written objection for the record,
[39:45.900 --> 39:50.980]  that the evidence should have been suppressed under the fruit of the poison tree doctrine,
[39:50.980 --> 39:56.500]  thus preserving it for the purpose of the appeal.
[39:56.500 --> 40:07.340]  Now, as you can understand, this is all very hard to explain in writing in an email to
[40:07.340 --> 40:11.060]  get someone to see the point of it.
[40:11.060 --> 40:16.900]  But that's kind of the problem when you don't understand the overall process to begin with.
[40:16.900 --> 40:20.480]  Until you actually hear somebody explain it, it's not going to really help you to read
[40:20.480 --> 40:23.420]  it nine times out of 10.
[40:23.420 --> 40:24.720]  Yeah, that's true.
[40:24.720 --> 40:28.140]  But that's the general gist of what I was trying to get you to understand about a motion
[40:28.140 --> 40:29.140]  to dismiss.
[40:29.140 --> 40:34.180]  You have to file it after you've established they don't have any evidence.
[40:34.180 --> 40:35.580]  Okay.
[40:35.580 --> 40:47.140]  Now, the other thing I wanted to mention is that they gave me some minutes from the arraignment
[40:47.140 --> 40:52.180]  and wanted me to take it to the clerk and file it like that.
[40:52.180 --> 40:57.820]  But I didn't do it because it didn't mention anything about me objecting to enter a plea
[40:57.820 --> 40:58.820]  on my behalf.
[40:58.820 --> 41:03.540]  And also, the minutes didn't say that it was entered on my behalf, it just said, not guilty
[41:03.540 --> 41:04.540]  plea.
[41:04.540 --> 41:06.860]  Yeah, that's exactly what they try to do.
[41:06.860 --> 41:10.500]  They try to hide the source of the plea, okay?
[41:10.500 --> 41:11.500]  What you should...
[41:11.500 --> 41:14.180]  Now, here's your problem, okay?
[41:14.180 --> 41:20.580]  You may have stepped off in a very deep hole by what you just did, a far worse hole.
[41:20.580 --> 41:27.860]  What you are doing, I'm almost positive if you read the law on it, can easily be considered
[41:27.860 --> 41:30.180]  tampering with a governmental record.
[41:30.180 --> 41:35.780]  In Texas, that would be a felony.
[41:35.780 --> 41:36.780]  You understand this?
[41:36.780 --> 41:39.780]  Why would that be tampering with a record?
[41:39.780 --> 41:40.780]  What?
[41:40.780 --> 41:43.140]  Why would that be tampering with a record?
[41:43.140 --> 41:46.060]  Because it's a record of an official proceeding.
[41:46.060 --> 41:52.740]  Right, but they're the ones that got it wrong, so I didn't want to sign it.
[41:52.740 --> 41:53.740]  Whoa, whoa, whoa, whoa, whoa.
[41:53.740 --> 41:55.100]  No one said you had to sign it.
[41:55.100 --> 41:57.100]  That's a whole different issue here.
[41:57.100 --> 42:01.260]  Right now, I'm talking about the fact you said you didn't file it, which leads me to
[42:01.260 --> 42:04.220]  believe you took it with you.
[42:04.220 --> 42:06.340]  Right.
[42:06.340 --> 42:08.540]  Is that correct?
[42:08.540 --> 42:10.180]  That is correct, yeah.
[42:10.180 --> 42:16.380]  That's what I'm talking about, tampering with a governmental document.
[42:16.380 --> 42:20.580]  Okay, so do you recommend that I take it in there?
[42:20.580 --> 42:23.300]  Well the problem is, is you've already done it.
[42:23.300 --> 42:26.900]  You know this thing about you can't un-ring a bell?
[42:26.900 --> 42:27.900]  Yeah.
[42:27.900 --> 42:32.900]  All right, here's the problem, as I see it at this moment.
[42:32.900 --> 42:36.180]  One, they can't compel you to sign squat.
[42:36.180 --> 42:41.660]  Two, you're not the delivery boy, okay?
[42:41.660 --> 42:45.420]  They want it filed, make them go file it.
[42:45.420 --> 42:51.860]  But what you need to do before you let them do that is to review it in their presence.
[42:51.860 --> 42:57.600]  And once again, object to the fact that it does not state how the plea was entered or
[42:57.600 --> 43:01.340]  that you objected to it being entered.
[43:01.340 --> 43:06.660]  But don't ever leave with the paperwork.
[43:06.660 --> 43:09.660]  Don't ever throw it in the trash.
[43:09.660 --> 43:15.180]  No, I still have it.
[43:15.180 --> 43:18.580]  Okay, you could have a problem.
[43:18.580 --> 43:23.720]  At this point, I no longer know what to tell you because I do not know what the law in
[43:23.720 --> 43:27.540]  California is in relation to this paperwork.
[43:27.540 --> 43:31.220]  But I'm telling you right now, if any of the rest of you out there are in California and
[43:31.220 --> 43:38.460]  listening to this and you think of doing this with the paperwork, don't do it.
[43:38.460 --> 43:40.180]  You don't have to sign it.
[43:40.180 --> 43:43.120]  You don't have to carry it over there and file it.
[43:43.120 --> 43:49.540]  But do not walk out with it or destroy it in any way, shape, or form.
[43:49.540 --> 43:50.540]  Hang on, Eric.
[43:50.540 --> 43:52.220]  We'll try to wrap this up on the other side.
[43:52.220 --> 43:53.220]  All right, folks.
[43:53.220 --> 43:54.220]  This is Rule of Law Radio.
[43:54.220 --> 44:00.980]  We'll be right back.
[44:00.980 --> 44:24.740]  Are you the plaintiff or defendant in a lawsuit?
[44:24.740 --> 44:44.220]  Are you the plaintiff or defendant in a lawsuit or defendant in a lawsuit?
[44:44.220 --> 44:54.220]  Are you the plaintiff or defendant in a lawsuit?
[44:54.220 --> 44:57.400]  Are you the plaintiff or defendant in a lawsuit?
[44:57.400 --> 45:03.860]  Are you the plaintiff or defendant in a lawsuit?
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[46:18.720 --> 46:44.580]  Alright folks, we are back and we are talking to Eric in California.
[46:44.580 --> 46:52.060]  Okay, you need to be looking that up real quick Eric to find out what the penal code
[46:52.060 --> 46:58.180]  in California considers tampering with a governmental record or governmental document or however
[46:58.180 --> 47:02.060]  it's titled, but you need to find out what the elements of that are and see if there's
[47:02.060 --> 47:07.900]  any way at all for you to go back in and say, oops, I'm sorry, I misunderstood the instructions
[47:07.900 --> 47:10.180]  and I took this with me by accident.
[47:10.180 --> 47:11.180]  Right.
[47:11.180 --> 47:18.340]  And then they say, oh, well, you got to sign it, oh, no, I don't, I'm not signing squat.
[47:18.340 --> 47:24.040]  This information on this paper is absolutely incorrect and false and your commissioner
[47:24.040 --> 47:30.140]  entered it that way, I'm objecting to it, I'm not signing nothing.
[47:30.140 --> 47:34.900]  And leave it at that, but get that paperwork back where it belongs.
[47:34.900 --> 47:39.740]  Yeah, I'll do that tomorrow morning.
[47:39.740 --> 47:48.020]  Now, the other thing that I want to mention was that when I filed the motion, it was received
[47:48.020 --> 47:50.580]  and stamped and all that stuff.
[47:50.580 --> 47:55.500]  And when I look at the case docket information online, it says that it's going to be, that
[47:55.500 --> 48:00.940]  the motion was received and that it's going to be reviewed on the court date.
[48:00.940 --> 48:05.220]  It doesn't say anything about them reviewing it beforehand or anything.
[48:05.220 --> 48:08.500]  I mean, aren't they supposed to review it before and then get back?
[48:08.500 --> 48:13.180]  There are lots of places that hold a motions hearing right before they do the trial.
[48:13.180 --> 48:17.980]  The problem with that is, is that proves that they never had any intention of giving serious
[48:17.980 --> 48:19.780]  consideration to the motion.
[48:19.780 --> 48:24.180]  See, that's an indicator right there that you're in a rigged trial.
[48:24.180 --> 48:28.660]  They go ahead and schedule everything on the same day knowing full well you're going to
[48:28.660 --> 48:31.160]  trial no matter what you file.
[48:31.160 --> 48:35.400]  So right there you can make the argument that I'm not getting a fair and impartial trial.
[48:35.400 --> 48:40.420]  Every time someone pulls something like this, you need to be filing something in the record
[48:40.420 --> 48:42.560]  objecting to it.
[48:42.560 --> 48:50.100]  So you need to file a motion moving to disqualify the commissioner in an attempt to deprive
[48:50.100 --> 48:56.100]  you of your fundamental right of due process, even in an administrative hearing, to a meaningful
[48:56.100 --> 49:05.020]  hearing and a meaningful motions hearing and move to disqualify that commissioner.
[49:05.020 --> 49:11.580]  And that you also move that this be set for a separate hearing before there's any calling
[49:11.580 --> 49:18.500]  of anything.
[49:18.500 --> 49:22.900]  They like to lump it all together because it costs them a lot less than it does to take
[49:22.900 --> 49:25.140]  time to do it over several days.
[49:25.140 --> 49:27.900]  They're trying to maximize profits at your expense.
[49:27.900 --> 49:28.900]  Right.
[49:28.900 --> 49:29.900]  I understand that.
[49:29.900 --> 49:36.580]  In fact, it's kind of funny because it says that the trial is at 9 in the morning and
[49:36.580 --> 49:40.060]  the motion hearing is at 9.05.
[49:40.060 --> 49:42.300]  Yeah, exactly.
[49:42.300 --> 49:47.500]  They're going to convene court or their little tribunal at 9, then they're going to hear
[49:47.500 --> 49:53.780]  your motions hearing at 9.05 and then at 9.06 and a half, they're going to find you guilty.
[49:53.780 --> 49:54.780]  Right.
[49:54.780 --> 50:03.220]  Now, when I went into the clerk's office and asked about the paperwork for a court trial,
[50:03.220 --> 50:07.220]  for a jury trial, they said that they don't do it for infractions and I asked to speak
[50:07.220 --> 50:09.580]  to a supervisor and no matter who I talked to, they said...
[50:09.580 --> 50:11.940]  But didn't I just tell you that?
[50:11.940 --> 50:14.660]  Didn't I just tell you that commissioner lied to your face?
[50:14.660 --> 50:15.660]  Yeah.
[50:15.660 --> 50:16.660]  Okay.
[50:16.660 --> 50:17.660]  Did you?
[50:17.660 --> 50:18.660]  For some reason, did you think I was joking?
[50:18.660 --> 50:19.660]  No.
[50:19.660 --> 50:20.660]  No.
[50:20.660 --> 50:21.660]  Not at all.
[50:21.660 --> 50:23.540]  Yeah, he lied to your face.
[50:23.540 --> 50:26.900]  California does not give you a jury trial for these.
[50:26.900 --> 50:27.900]  Right.
[50:27.900 --> 50:39.100]  Now, since we've challenged the jurisdiction, do we still have to show up for the court date?
[50:39.100 --> 50:44.900]  I mean, the whole process must be put on hold until jurisdiction is shown in the case?
[50:44.900 --> 50:46.940]  Well, of course it is.
[50:46.940 --> 50:49.940]  What's your point?
[50:49.940 --> 50:54.820]  I'm wondering why I need to even show up if there shouldn't be a hearing until they respond
[50:54.820 --> 50:56.540]  about the motion.
[50:56.540 --> 51:01.740]  Well, because since this is civil, they can do what they want to do whether you're there
[51:01.740 --> 51:03.500]  or not.
[51:03.500 --> 51:07.580]  But you can't make a record by not showing up, can you?
[51:07.580 --> 51:11.340]  No, I can't.
[51:11.340 --> 51:13.300]  Okay.
[51:13.300 --> 51:18.420]  My last question, I think I know what you're going to say, but the...
[51:18.420 --> 51:22.060]  Am I that transparent and predictable?
[51:22.060 --> 51:26.660]  Sometimes, yeah.
[51:26.660 --> 51:33.020]  So the insurance charge, the no proof of insurance, I can easily bring that in, show them that
[51:33.020 --> 51:35.740]  we have insurance and bring down the...
[51:35.740 --> 51:38.900]  Whoa, whoa, whoa, whoa, whoa, whoa, whoa.
[51:38.900 --> 51:44.500]  The moment you start acquiescing to anything, you are validating the stop.
[51:44.500 --> 51:50.220]  You do that, you have lost everything, not just the one, but everything.
[51:50.220 --> 51:51.220]  Right.
[51:51.220 --> 51:52.220]  Okay.
[51:52.220 --> 51:57.900]  That's basically what I thought you were going to say, that the initial arrest was illegal
[51:57.900 --> 52:01.260]  and anything that results from that is to be thrown out.
[52:01.260 --> 52:08.700]  So I just thought that maybe if the fine was less, they might have less motive to pursue
[52:08.700 --> 52:09.700]  it.
[52:09.700 --> 52:12.820]  But I understand what you're saying.
[52:12.820 --> 52:15.980]  I hope so.
[52:15.980 --> 52:17.380]  Yeah.
[52:17.380 --> 52:21.180]  Once you get involved in this and you start making a defense that everything they did
[52:21.180 --> 52:28.500]  from the beginning was illegal, anything you acquiesce to at any time validates everything.
[52:28.500 --> 52:31.060]  Right.
[52:31.060 --> 52:34.420]  Basically you're killing your defense yourself.
[52:34.420 --> 52:36.140]  Okay.
[52:36.140 --> 52:43.020]  That was my motive for not turning in the paperwork, but I understand that I need to
[52:43.020 --> 52:44.020]  handle it a little bit differently.
[52:44.020 --> 52:46.420]  So I'll go in tomorrow morning and do that.
[52:46.420 --> 52:47.420]  Please do.
[52:47.420 --> 52:48.420]  Yeah.
[52:48.420 --> 52:49.420]  Okay.
[52:49.420 --> 52:51.700]  Well, that's all my questions for now.
[52:51.700 --> 52:52.700]  Thank you very much.
[52:52.700 --> 52:53.700]  You're welcome.
[52:53.700 --> 52:54.700]  Good luck.
[52:54.700 --> 52:55.700]  Okay.
[52:55.700 --> 52:56.700]  Thanks.
[52:56.700 --> 52:57.700]  All right.
[52:57.700 --> 52:58.900]  Now we're going to Mark in Florida.
[52:58.900 --> 53:00.700]  Mark, what do you got?
[53:00.700 --> 53:08.020]  Well, I've got a couple of questions that seem to come up common, and I haven't heard
[53:08.020 --> 53:13.060]  you really address this, but you probably haven't from your class.
[53:13.060 --> 53:22.260]  First of all, I allegedly have a court date scheduled for Thursday, a calendar call, and
[53:22.260 --> 53:24.660]  the court has sent me no notice.
[53:24.660 --> 53:31.060]  There's no notice in the court record that it's been sent.
[53:31.060 --> 53:32.060]  Okay.
[53:32.060 --> 53:40.580]  But if you scroll down far enough, it shows that my last calendar call was canceled because
[53:40.580 --> 53:47.580]  of the judge was on vacation and rescheduled for the fifth of this month, but there's been
[53:47.580 --> 53:49.540]  no notice.
[53:49.540 --> 53:53.860]  Should I show up?
[53:53.860 --> 54:02.260]  Well again, if you've been given information that says you're supposed to show up, do so.
[54:02.260 --> 54:08.700]  If you haven't been given information, then why would you show up?
[54:08.700 --> 54:11.820]  See, here's the way this is going to play out.
[54:11.820 --> 54:15.100]  I can almost bet you money.
[54:15.100 --> 54:22.620]  They will not notify you potentially, and if they don't, then the purpose of this is
[54:22.620 --> 54:27.900]  for you to not show up so that they can take your bond if you have a bond for failure to
[54:27.900 --> 54:29.300]  appear.
[54:29.300 --> 54:34.460]  Then they can make you post another one of a much larger size even, because now they
[54:34.460 --> 54:38.460]  would also have a bond requirement for the original failure to appear or that failure
[54:38.460 --> 54:42.540]  to appear on top of what the original offense was.
[54:42.540 --> 54:43.540]  You follow?
[54:43.540 --> 54:44.540]  Yeah.
[54:44.540 --> 54:45.540]  Okay.
[54:45.540 --> 54:46.540]  There was a $100 bail.
[54:46.540 --> 54:47.540]  I'm sorry?
[54:47.540 --> 54:52.740]  And there was a $100 bail on the one case.
[54:52.740 --> 54:53.740]  Right.
[54:53.740 --> 54:56.620]  And this is so they can steal it.
[54:56.620 --> 55:03.180]  And then as soon as that date and time has passed, they will stick something in the mail.
[55:03.180 --> 55:04.660]  Okay?
[55:04.660 --> 55:10.860]  Now this is the reason why I tell people, when you get mail for any official purpose
[55:10.860 --> 55:17.980]  like a court date or anything of that sort, you open it carefully so as not to obstruct
[55:17.980 --> 55:24.620]  or destroy the postage stamp, not just the stamp, but the actual postmark where everything
[55:24.620 --> 55:30.540]  shows the date and time when it was processed by the post office, okay?
[55:30.540 --> 55:35.980]  Because if you can show that they sent the notice after the appearance date, then you
[55:35.980 --> 55:41.180]  can prove that they intentionally attempted to defraud you.
[55:41.180 --> 55:42.180]  Okay.
[55:42.180 --> 55:43.180]  All right.
[55:43.180 --> 55:50.540]  When I don't show up Thursday, there will be a capious.
[55:50.540 --> 55:55.740]  Well granted, that's what you've got to understand is that even though they're going to issue
[55:55.740 --> 56:00.140]  that capious, they're going to have to prove that they sent you the notice.
[56:00.140 --> 56:02.780]  Now here's the way this is written in Texas.
[56:02.780 --> 56:10.060]  Texas, the statute specifically says that if it's posted into the United States mail,
[56:10.060 --> 56:13.300]  they do not have to prove that they mailed it.
[56:13.300 --> 56:24.780]  Well, sorry, that statute is ripe for corrupt practices, exactly like what I'm describing.
[56:24.780 --> 56:32.060]  You cannot say you gave me notice and then not be required to prove notice was given.
[56:32.060 --> 56:37.020]  That statute is unconstitutional on its face, as would be one in Florida, and you would
[56:37.020 --> 56:39.800]  have to challenge it as such.
[56:39.800 --> 56:44.940]  But the thing about it is, is depending upon your capability and desire, getting an arrest
[56:44.940 --> 56:50.460]  warrant issued may be exactly what you want, because that would then give you grounds to
[56:50.460 --> 56:54.700]  sue them for what they did.
[56:54.700 --> 56:55.700]  That would be your harm.
[56:55.700 --> 57:04.580]  Yes, sir, I'm not afraid of the arrest warrant, because the next morning when I go before
[57:04.580 --> 57:09.580]  the magistrate, I'm going to say, please take your initial notice of the clerk's record
[57:09.580 --> 57:17.180]  and show me where there was notice sent, because it is absent any of that.
[57:17.180 --> 57:22.260]  Yeah, but that's what I'm saying about they can fabricate a record for that, saying they
[57:22.260 --> 57:23.820]  mailed it on a certain day.
[57:23.820 --> 57:26.900]  That's why you need that postmark to prove that it's a lie.
[57:26.900 --> 57:30.780]  And here's the other problem, however.
[57:30.780 --> 57:36.020]  Most of these cities are using their own postmark machines.
[57:36.020 --> 57:40.020]  They're stamping the postmark on it themselves to mail it.
[57:40.020 --> 57:42.700]  It does the postage, it does everything.
[57:42.700 --> 57:49.820]  It's supposed to have the correct date on it, but they can change the date.
[57:49.820 --> 57:57.060]  This is why it is imperative that you preserve the postmark that overlays that from the actual
[57:57.060 --> 58:04.940]  post office, because they're the ones that's going to tell you when they got it.
[58:04.940 --> 58:05.940]  You follow?
[58:05.940 --> 58:06.940]  Yeah.
[58:06.940 --> 58:07.940]  Yeah.
[58:07.940 --> 58:08.940]  Okay.
[58:08.940 --> 58:13.220]  So be real careful with anything you get in the mail in relation to a court case and preserve
[58:13.220 --> 58:14.620]  that postmark always.
[58:14.620 --> 58:19.340]  All right, Mark, I got a break to take here of about four or five minutes, and then we'll
[58:19.340 --> 58:21.380]  come back and finish up with you.
[58:21.380 --> 58:22.380]  Okay?
[58:22.380 --> 58:23.380]  Sounds good.
[58:23.380 --> 58:24.380]  All right.
[58:24.380 --> 58:25.380]  Hang on.
[58:25.380 --> 58:26.380]  All right, folks.
[58:26.380 --> 58:30.660]  This is Rule of Law Radio, the call in number 512-646-1984.
[58:30.660 --> 58:31.660]  This is your host, Eddie Craig.
[58:31.660 --> 58:32.660]  Y'all hang in there.
[58:32.660 --> 58:36.300]  We got one more hour to go, and we'll cover all the ground we can with the callers that
[58:36.300 --> 58:37.300]  we get.
[58:37.300 --> 58:50.340]  Y'all hold on.
[58:50.340 --> 58:55.780]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:43.940 --> 59:48.020]  or by ordering online at freestudybible.com.
[59:48.020 --> 59:49.020]  That's freestudybible.com.
[59:49.020 --> 01:00:00.820]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:00.820 --> 01:00:05.900]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[01:00:05.900 --> 01:00:13.620]  bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[01:00:13.620 --> 01:00:21.540]  into the tides of the alternative.
[01:00:21.540 --> 01:00:27.260]  Markets for Monday, the 2nd of May, 2016, are currently treading with gold at $1,291.86
[01:00:27.260 --> 01:00:36.380]  an ounce, silver at $17.57 an ounce, texas crude at $45.92 a barrel, and bitcoin is currently
[01:00:36.380 --> 01:00:45.340]  at about $446 U.S. currency.
[01:00:45.340 --> 01:00:50.780]  Today in History, the year 2011, the sum of inlun, the suspected mastermind behind the
[01:00:50.780 --> 01:00:55.580]  September 11 attacks and the FBI's most wanted man for other unrelated terrorist attacks
[01:00:55.580 --> 01:01:00.860]  is killed by the United States Special Forces, Dev Guru, or SEAL Team 6, the end of Osama
[01:01:00.860 --> 01:01:08.460]  bin Laden in Abbottabad, Pakistan, Today in History.
[01:01:08.460 --> 01:01:12.820]  In recent news, Carnival Cruises line Adenaya became the first U.S. cruise ship to dock
[01:01:12.820 --> 01:01:15.820]  in Havana on Monday for nearly 40 years.
[01:01:15.820 --> 01:01:20.220]  The Adenaya is one of the Carnival's smaller ships, however, the addition of the U.S. cruise
[01:01:20.220 --> 01:01:24.660]  routes to there are expected to bring Cuba tens of millions in American currency because
[01:01:24.660 --> 01:01:27.900]  of tourism, a much needed boost to the Cuban economy.
[01:01:27.900 --> 01:01:32.500]  More than a dozen lines have announced plans to run U.S. Cuban cruises, which have the
[01:01:32.500 --> 01:01:36.820]  potential of raking in $80 million a year, according to a report also released today
[01:01:36.820 --> 01:01:39.540]  from the U.S. Cuba Trade and Economic Council.
[01:01:39.540 --> 01:01:43.540]  Unfortunately, most of the money does go directly to the Cuban government because the cruise
[01:01:43.540 --> 01:01:49.900]  company pays the government $500,000 per cruise, while passengers spend roughly $100 per person
[01:01:49.900 --> 01:01:51.820]  in each city that they visit.
[01:01:51.820 --> 01:01:56.700]  People are stating that the Adenaya line will cruise twice a month from Miami to Havana,
[01:01:56.700 --> 01:02:01.260]  where it will start at $1,800 per person, which is a seven-day circuit, but with stops
[01:02:01.260 --> 01:02:04.660]  in the cities of Cienfuegos and Santiago.
[01:02:04.660 --> 01:02:08.660]  And even though President Obama and Raul Castro have loosened economic restrictions between
[01:02:08.660 --> 01:02:13.780]  the U.S. and Cuba, the trips are required to include Cuban history and cultural workshops
[01:02:13.780 --> 01:02:18.140]  with tours of the cities in order to have them qualify as people-to-people educational
[01:02:18.140 --> 01:02:27.180]  travels, since pure tourism is still banned under U.S. regulations.
[01:02:27.180 --> 01:02:30.780]  Elon Musk is aiming his SpaceX Falcon rocket to greater heights.
[01:02:30.780 --> 01:02:36.380]  His new project Red Dragon aims to land people, including himself, on Mars as early as 2018.
[01:02:36.380 --> 01:02:40.820]  The Falcon Heavy will have 27 first-stage engines compared to the nine aboard the SpaceX
[01:02:40.820 --> 01:02:45.300]  current Falcon rocket, and is scheduled for its first test flight before the end of the
[01:02:45.300 --> 01:02:46.300]  year.
[01:02:46.300 --> 01:02:49.700]  Elon Musk, who has landed craft on the Red Planet seven times successfully already, said
[01:02:49.700 --> 01:02:52.860]  it would offer technological insight and advice.
[01:02:52.860 --> 01:03:08.860]  This is Rick Rodey with Your Lowdown for May 2, 2016.
[01:03:08.860 --> 01:03:31.340]  All right, folks, we are back.
[01:03:31.340 --> 01:03:39.700]  This is Rule of Law Radio calling number 512-646-1984, and we are talking to Mark in Florida.
[01:03:39.700 --> 01:03:41.940]  All right, Mark, please continue.
[01:03:41.940 --> 01:03:49.100]  All right, so your bottom line is the same as my intention is to not show up to court
[01:03:49.100 --> 01:03:51.300]  for the lack of notice.
[01:03:51.300 --> 01:03:56.860]  Again, that bottom line applies only if you are prepared for what comes next and know
[01:03:56.860 --> 01:03:59.300]  what to do about it.
[01:03:59.300 --> 01:04:02.540]  That is not a path for everyone to take.
[01:04:02.540 --> 01:04:05.820]  I'll leave that up to you.
[01:04:05.820 --> 01:04:11.940]  If I were you, I would love that opportunity, but I'm not you, and you're not me.
[01:04:11.940 --> 01:04:18.260]  So do what you believe you should do and need to do to best protect yourself in the situation.
[01:04:18.260 --> 01:04:26.700]  Well, my intention was after arrested the magistrate court the next morning, I was going
[01:04:26.700 --> 01:04:30.980]  to say prove to me where I had, where a notice was sent.
[01:04:30.980 --> 01:04:35.620]  Well, the problem is, is that may be what you intend to do, but that isn't necessarily
[01:04:35.620 --> 01:04:38.260]  something they'll cooperate with.
[01:04:38.260 --> 01:04:42.660]  It also means that they could say, well, we'll worry about that at a later date and time.
[01:04:42.660 --> 01:04:47.420]  Right now, you've got a $500 bond to pay if you want out of jail, and if you ain't got
[01:04:47.420 --> 01:04:50.420]  it, guess what?
[01:04:50.420 --> 01:04:53.220]  Those are the things you need to take into consideration.
[01:04:53.220 --> 01:04:55.420]  All right.
[01:04:55.420 --> 01:04:58.420]  Well, sometimes you've got to bite the bullet, right?
[01:04:58.420 --> 01:05:02.820]  Well, some people like to taste the gunpowder more than others.
[01:05:02.820 --> 01:05:08.220]  Well, being an ex-marine, you know, kind of hard-headed.
[01:05:08.220 --> 01:05:15.620]  Well, I can't claim to be an ex-marine, but I can certainly claim my share of gunpowder.
[01:05:15.620 --> 01:05:20.340]  Yes, sir, I know you're an ex-air force.
[01:05:20.340 --> 01:05:23.980]  All right, next question is real short.
[01:05:23.980 --> 01:05:24.980]  All right.
[01:05:24.980 --> 01:05:30.380]  There's a Supreme Court case law about two kinds of police encounters and only two.
[01:05:30.380 --> 01:05:36.060]  I know you've talked about this, and I know that I've read this.
[01:05:36.060 --> 01:05:40.020]  There are three.
[01:05:40.020 --> 01:05:41.020]  There are three.
[01:05:41.020 --> 01:05:42.020]  Okay.
[01:05:42.020 --> 01:05:52.380]  There's investigatory, there is apprehension and or arrest, and there is consensual.
[01:05:52.380 --> 01:05:54.020]  I didn't know about the investigation.
[01:05:54.020 --> 01:05:56.540]  Well, that's when they do the investigative detention.
[01:05:56.540 --> 01:06:00.180]  In other words, you match the description of some suspect or some crime committed in
[01:06:00.180 --> 01:06:03.700]  the area, and they detain you long enough to find out if you're him.
[01:06:03.700 --> 01:06:04.700]  Okay.
[01:06:04.700 --> 01:06:09.580]  All right, and then you have the one where they go, uh-huh, you match up enough for me
[01:06:09.580 --> 01:06:13.220]  to think you are him, you're under arrest.
[01:06:13.220 --> 01:06:16.300]  And then there's the guy at the parade where you go, hey, Oscar, how are you doing?
[01:06:16.300 --> 01:06:17.300]  Great, how are you?
[01:06:17.300 --> 01:06:18.300]  Let's have lunch.
[01:06:18.300 --> 01:06:19.300]  Okay, great.
[01:06:19.300 --> 01:06:20.300]  Here we go.
[01:06:20.300 --> 01:06:21.300]  That's consensual.
[01:06:21.300 --> 01:06:22.300]  Right.
[01:06:22.300 --> 01:06:25.540]  All right, do you happen to know the case site on that?
[01:06:25.540 --> 01:06:28.020]  I thought I had it in my file.
[01:06:28.020 --> 01:06:31.020]  No, I do not.
[01:06:31.020 --> 01:06:33.500]  Is it on your blog site?
[01:06:33.500 --> 01:06:34.980]  No, it's not on the blog.
[01:06:34.980 --> 01:06:39.300]  The blog only has case law for the stuff that are in the articles I post specific information
[01:06:39.300 --> 01:06:44.500]  about if I'm referencing case law, which most of them I'm referencing statute and not case
[01:06:44.500 --> 01:06:45.500]  law.
[01:06:45.500 --> 01:06:48.340]  Some of it I do, but not all of it.
[01:06:48.340 --> 01:06:49.340]  I'll find it somewhere.
[01:06:49.340 --> 01:06:52.980]  I haven't been able to yet, but I'll dig a little deeper.
[01:06:52.980 --> 01:06:56.020]  All right, last question.
[01:06:56.020 --> 01:07:01.420]  And this happens frequently, and I'm sure like the guy in California, it happened to
[01:07:01.420 --> 01:07:02.420]  him.
[01:07:02.420 --> 01:07:08.540]  He'd make an objection before the judge or whoever is there.
[01:07:08.540 --> 01:07:19.100]  And they may give a response, but they do not say sustained or overrule.
[01:07:19.100 --> 01:07:23.500]  And sometimes I've had it happen to me where they say objection noted.
[01:07:23.500 --> 01:07:26.660]  How do you deal with these situations?
[01:07:26.660 --> 01:07:34.260]  Well, again, if a judge does not respond to an objection and tries to move past it, don't
[01:07:34.260 --> 01:07:37.940]  let him do that.
[01:07:37.940 --> 01:07:40.100]  There is an objection before the court.
[01:07:40.100 --> 01:07:44.500]  Can we please get a ruling on the objection?
[01:07:44.500 --> 01:07:48.620]  Don't let him just brush it off and go buy it.
[01:07:48.620 --> 01:07:51.340]  Same thing when he says noted.
[01:07:51.340 --> 01:07:56.380]  Noted is just his way of saying overruled without actually saying overruled.
[01:07:56.380 --> 01:07:57.380]  Okay.
[01:07:57.380 --> 01:08:06.780]  And if they give some kind of lengthy answer, that's just another way for them to search
[01:08:06.780 --> 01:08:08.820]  the issue and not to make a ruling on it?
[01:08:08.820 --> 01:08:09.820]  No, no, no.
[01:08:09.820 --> 01:08:11.020]  They made the ruling.
[01:08:11.020 --> 01:08:12.020]  You're overruled.
[01:08:12.020 --> 01:08:14.260]  We noted it, but you're overruled.
[01:08:14.260 --> 01:08:18.660]  It's just, that's legal shorthand in the courtroom, all right?
[01:08:18.660 --> 01:08:26.100]  But when they make no response, that's when you demand they do something, okay?
[01:08:26.100 --> 01:08:33.940]  But anytime they say noted, consider that to be an overruling of the objection.
[01:08:33.940 --> 01:08:39.700]  So bottom line, you should make them say either overruled or sustained.
[01:08:39.700 --> 01:08:40.700]  Or noted, yeah.
[01:08:40.700 --> 01:08:44.620]  And consider noted to be the former.
[01:08:44.620 --> 01:08:45.620]  All right.
[01:08:45.620 --> 01:08:46.620]  Okay.
[01:08:46.620 --> 01:08:47.620]  That's all I got, boss.
[01:08:47.620 --> 01:08:48.620]  All right.
[01:08:48.620 --> 01:08:49.620]  Well, good luck.
[01:08:49.620 --> 01:08:50.620]  And just watch your back.
[01:08:50.620 --> 01:08:54.940]  Yeah, I'll be in jail on a Friday, probably.
[01:08:54.940 --> 01:08:56.660]  Well, let's hope not.
[01:08:56.660 --> 01:08:59.660]  But if you are, good luck.
[01:08:59.660 --> 01:09:00.660]  All right.
[01:09:00.660 --> 01:09:01.660]  Have a good one.
[01:09:01.660 --> 01:09:02.660]  You too.
[01:09:02.660 --> 01:09:03.660]  All right.
[01:09:03.660 --> 01:09:04.660]  Bye-bye.
[01:09:04.660 --> 01:09:05.660]  Bye-bye.
[01:09:05.660 --> 01:09:11.380]  All right, we're going to go to, well, Truth Raider in Oregon.
[01:09:11.380 --> 01:09:12.380]  Raider, what do you got?
[01:09:12.380 --> 01:09:13.380]  Sorry.
[01:09:13.380 --> 01:09:14.380]  Yes, sir.
[01:09:14.380 --> 01:09:15.380]  Good evening, Sarge.
[01:09:15.380 --> 01:09:21.020]  Thank you for letting me have the privilege of talking to Eddie on rule of law traffic
[01:09:21.020 --> 01:09:22.020]  night.
[01:09:22.020 --> 01:09:25.180]  In case you haven't paid much attention, talking to me ain't always a privilege.
[01:09:25.180 --> 01:09:26.180]  Sometimes it's downright self-destructive.
[01:09:26.180 --> 01:09:27.180]  No, no way.
[01:09:27.180 --> 01:09:28.180]  It's educational, and it's disciplinary.
[01:09:28.180 --> 01:09:29.180]  Let's look at it this way.
[01:09:29.180 --> 01:09:30.180]  It's intelligence.
[01:09:30.180 --> 01:09:35.980]  And lawful knowledge, discipline.
[01:09:35.980 --> 01:09:44.100]  Did you straighten this out, where we're doing wrong?
[01:09:44.100 --> 01:09:45.260]  I try.
[01:09:45.260 --> 01:09:50.100]  I can't say I'm always right, but I try my best to provide correct information.
[01:09:50.100 --> 01:09:51.580]  Yes, sir.
[01:09:51.580 --> 01:09:52.580]  Okay.
[01:09:52.580 --> 01:09:58.740]  Thompson versus Smith, would you like me to read this on air?
[01:09:58.740 --> 01:10:01.340]  Well, that depends.
[01:10:01.340 --> 01:10:05.780]  How much of Thompson versus Smith do you plan on reading on air, and are you reading from
[01:10:05.780 --> 01:10:11.220]  the entire opinion, or just an internet blurb you found?
[01:10:11.220 --> 01:10:12.220]  It's a quotation.
[01:10:12.220 --> 01:10:13.700]  It's about a paragraph and a half.
[01:10:13.700 --> 01:10:14.700]  Okay.
[01:10:14.700 --> 01:10:15.700]  Wait, wait, wait, wait, wait.
[01:10:15.700 --> 01:10:16.700]  You're not answering my question.
[01:10:16.700 --> 01:10:19.540]  I understand that you want to read a part of it.
[01:10:19.540 --> 01:10:24.460]  What I asked you was, is the part you're reading from the entire opinion, which you've gotten
[01:10:24.460 --> 01:10:30.740]  a copy of, or are you just simply reading the paragraph that you found on the internet
[01:10:30.740 --> 01:10:31.740]  by itself?
[01:10:31.740 --> 01:10:35.340]  The paragraphs on the internet that I found by itself, but-
[01:10:35.340 --> 01:10:38.060]  Then the answer is no, I do not want you to read it.
[01:10:38.060 --> 01:10:39.060]  And you know why?
[01:10:39.060 --> 01:10:44.300]  Well, you think there's something out of context, and it's not-
[01:10:44.300 --> 01:10:45.500]  No, no, no, no, no, no, no.
[01:10:45.500 --> 01:10:48.740]  It's not what I'm thinking here, it's what I know.
[01:10:48.740 --> 01:10:49.900]  Okay.
[01:10:49.900 --> 01:10:53.220]  The issue here, Raider, is the same one that everybody else does.
[01:10:53.220 --> 01:10:56.060]  They find a piece of an opinion on the internet.
[01:10:56.060 --> 01:10:58.860]  They don't know if it's been altered, edited, reworded.
[01:10:58.860 --> 01:11:01.580]  They have no clue, okay?
[01:11:01.580 --> 01:11:06.100]  They don't have the context of the opinion in which to read it either.
[01:11:06.100 --> 01:11:11.860]  Therefore, any blurb you read, you will be reading out of the context because you don't
[01:11:11.860 --> 01:11:14.860]  know what the context for it is.
[01:11:14.860 --> 01:11:20.940]  You also do not know without the original opinion whether or not it is correct.
[01:11:20.940 --> 01:11:26.820]  So even though it may be 100% so, if you're not going to read it from a copy of the actual
[01:11:26.820 --> 01:11:27.820]  opinion, no.
[01:11:27.820 --> 01:11:42.980]  It says, well, anyway, this is what it says, it says Thompson v. Smith, 154, SE579, 11,
[01:11:42.980 --> 01:11:43.980]  American jurisprudence-
[01:11:43.980 --> 01:11:44.980]  Whoa, whoa, whoa, whoa, whoa, whoa.
[01:11:44.980 --> 01:11:45.980]  Constant-
[01:11:45.980 --> 01:11:47.980]  Wait, wait, wait, wait, wait.
[01:11:47.980 --> 01:11:50.860]  You have two problems here and I already know what the case is.
[01:11:50.860 --> 01:11:52.820]  I know what you're going to read.
[01:11:52.820 --> 01:11:55.700]  I don't know if everybody else does or not, but let me explain to you what the problem
[01:11:55.700 --> 01:11:58.140]  is.
[01:11:58.140 --> 01:12:03.020]  American jurisprudence is an encyclopedia of law, okay?
[01:12:03.020 --> 01:12:07.060]  It is not an authority of law.
[01:12:07.060 --> 01:12:10.740]  In other words, the courts are going to say ignored.
[01:12:10.740 --> 01:12:13.380]  It's not an authoritative source.
[01:12:13.380 --> 01:12:21.420]  Now the case opinion is, but the location of where you're getting it from is not.
[01:12:21.420 --> 01:12:28.580]  And once again, if you have not verified the opinion, don't be reading what's in it on
[01:12:28.580 --> 01:12:36.100]  the show because I am all about correct information and verified information, not let's hang my
[01:12:36.100 --> 01:12:40.340]  hat on this and run with it without verifying anything stuff.
[01:12:40.340 --> 01:12:43.820]  Too many people are doing that right now.
[01:12:43.820 --> 01:12:51.020]  American jurisprudence is a legal encyclopedia of case opinions on given subjects.
[01:12:51.020 --> 01:12:52.700]  Everybody understand that?
[01:12:52.700 --> 01:12:58.380]  It is not an authoritative source to reference in court.
[01:12:58.380 --> 01:13:00.380]  Okay.
[01:13:00.380 --> 01:13:02.820]  All right.
[01:13:02.820 --> 01:13:05.900]  It prefaces this paragraph and what it says here.
[01:13:05.900 --> 01:13:09.820]  It says this, I don't know if you agree with this or not, or if it's found in this source
[01:13:09.820 --> 01:13:16.780]  truly, the US Supreme court and other high courts in citations proving that no license
[01:13:16.780 --> 01:13:21.060]  is necessary for normal use of an automobile on common ways.
[01:13:21.060 --> 01:13:22.060]  Yeah.
[01:13:22.060 --> 01:13:23.060]  I'm very familiar with it.
[01:13:23.060 --> 01:13:25.340]  Like I said, I know exactly what it says.
[01:13:25.340 --> 01:13:29.060]  I also know exactly what it doesn't say.
[01:13:29.060 --> 01:13:32.740]  The problem is, is you don't.
[01:13:32.740 --> 01:13:34.460]  You've only read the blurb.
[01:13:34.460 --> 01:13:37.420]  You haven't read the opinion.
[01:13:37.420 --> 01:13:41.980]  And when it says the high courts, that's plural, right?
[01:13:41.980 --> 01:13:43.140]  Yes.
[01:13:43.140 --> 01:13:48.180]  Where are the other substantiating opinions from that legal encyclopedia in support?
[01:13:48.180 --> 01:13:54.080]  See, the issue here is you don't go with just a blurb from one opinion.
[01:13:54.080 --> 01:13:58.100]  You get the authoritative opinions that set the precedent the encyclopedia is talking
[01:13:58.100 --> 01:14:03.100]  about, but you use the opinions, not the encyclopedia.
[01:14:03.100 --> 01:14:05.100]  All right.
[01:14:05.100 --> 01:14:06.100]  Okay.
[01:14:06.100 --> 01:14:13.180]  So the problem here, again, also is once again, you're attempting to use this in a case where
[01:14:13.180 --> 01:14:16.260]  you have been charged with something, right?
[01:14:16.260 --> 01:14:17.260]  Yes.
[01:14:17.260 --> 01:14:21.060]  The traffic citation was, you know, once again, over and over again, just the three.
[01:14:21.060 --> 01:14:22.060]  Okay.
[01:14:22.060 --> 01:14:25.260]  How many of these shows have you listened to?
[01:14:25.260 --> 01:14:26.260]  Good.
[01:14:26.260 --> 01:14:35.460]  Close to about two and a half years, I think, close to that.
[01:14:35.460 --> 01:14:36.460]  Okay.
[01:14:36.460 --> 01:14:41.780]  And in that two and a half years, you do not recall any show where you heard me say, the
[01:14:41.780 --> 01:14:45.820]  right to travel argument is the wrong argument to use.
[01:14:45.820 --> 01:14:48.340]  You don't recall me ever saying that?
[01:14:48.340 --> 01:14:49.340]  Yes.
[01:14:49.340 --> 01:14:50.340]  Yes, absolutely.
[01:14:50.340 --> 01:14:55.260]  Then why are we having this discussion, both in email and here?
[01:14:55.260 --> 01:14:59.460]  Because it says that the high court and the Supreme Court has ruled.
[01:14:59.460 --> 01:15:01.340]  All right.
[01:15:01.340 --> 01:15:03.020]  Let me see if I can...
[01:15:03.020 --> 01:15:04.500]  All right.
[01:15:04.500 --> 01:15:10.620]  Obviously, see, this is the problem with playing in a legal funhouse and when you can't understand
[01:15:10.620 --> 01:15:13.020]  what you're seeing in these little funhouse mirrors.
[01:15:13.020 --> 01:15:14.020]  Okay.
[01:15:14.020 --> 01:15:18.300]  Listen carefully to me one more time, everyone.
[01:15:18.300 --> 01:15:28.020]  The right to travel argument in an allegation of violation of a commercial regulatory duty
[01:15:28.020 --> 01:15:31.660]  is not the correct argument.
[01:15:31.660 --> 01:15:33.820]  Okay.
[01:15:33.820 --> 01:15:42.060]  A truck driver has a right to travel, except when he's acting like a truck driver.
[01:15:42.060 --> 01:15:49.460]  That's what you're being accused of and since that is the accusation, the right to travel
[01:15:49.460 --> 01:16:00.100]  is irrelevant because you are being charged for violating a duty under a licensed privilege
[01:16:00.100 --> 01:16:03.900]  to which the right does not apply.
[01:16:03.900 --> 01:16:04.900]  You follow?
[01:16:04.900 --> 01:16:08.340]  Yes, sir.
[01:16:08.340 --> 01:16:12.820]  That is why the right to travel is not the correct argument.
[01:16:12.820 --> 01:16:19.460]  You are attempting to fight legal fire with water and I've told you before, you cannot
[01:16:19.460 --> 01:16:21.280]  do that.
[01:16:21.280 --> 01:16:26.100]  You can only fight legal fire with equal and opposite legal fire.
[01:16:26.100 --> 01:16:30.980]  They argue you were engaged in an act involving transportation and commerce.
[01:16:30.980 --> 01:16:38.340]  Your defense is I was not acting in transportation and commerce, not that I was swimming on the
[01:16:38.340 --> 01:16:39.340]  beach.
[01:16:39.340 --> 01:16:40.340]  Okay.
[01:16:40.340 --> 01:16:46.060]  Hang on just a second and we'll finish this up on the other side.
[01:16:46.060 --> 01:16:52.540]  All right, folks, 512-646-1984, we'll be right back after this break, so y'all call in and
[01:16:52.540 --> 01:16:53.540]  get in line.
[01:16:53.540 --> 01:17:23.260]  We'll see you right back.
[01:19:24.540 --> 01:19:51.540]  Well, ain't gonna fool me with that same old trick again, I was blindsided but now I can
[01:19:51.540 --> 01:20:20.300]  tell you, you cannot use the right to travel argument in these cases.
[01:20:20.300 --> 01:20:34.540]  Again, again, you are trying to argue application of orange juice to the making of apple pie.
[01:20:34.540 --> 01:20:35.580]  It doesn't work.
[01:20:35.580 --> 01:20:40.820]  Right, right, all right, got it, got it.
[01:20:40.820 --> 01:20:47.220]  I did do this, I didn't file it, so I'll go ahead and put that on the back burner.
[01:20:47.220 --> 01:20:51.740]  That is the information you use in a case when you're gonna sue them for stopping you
[01:20:51.740 --> 01:20:57.820]  in the first place by illegally enforcing a law against someone to whom it didn't apply
[01:20:57.820 --> 01:21:01.300]  and who they are required to know it didn't apply.
[01:21:01.300 --> 01:21:05.380]  The case will work fine in a civil lawsuit, doesn't do a damn thing for what they're doing
[01:21:05.380 --> 01:21:06.380]  to you.
[01:21:06.380 --> 01:21:12.740]  Okay, I'll put it aside for that purpose and use it as a tool in my prosecution against
[01:21:12.740 --> 01:21:19.420]  them in a civil case for depriving me of my right of liberty, seizing me and my liberty,
[01:21:19.420 --> 01:21:20.420]  et cetera.
[01:21:20.420 --> 01:21:25.780]  Okay, I did use the civil infractions for the most recent case and when I told you about
[01:21:25.780 --> 01:21:31.540]  that I was stopped on Easter morning about a month and a half ago.
[01:21:31.540 --> 01:21:36.260]  And this is what the courts did, I used the steps to challenge everything in here, the
[01:21:36.260 --> 01:21:40.700]  officer didn't have any authority granted to him to detain or arrest me for a civil
[01:21:40.700 --> 01:21:46.500]  infraction and all down the line everything that you put in the paragraphs and just add
[01:21:46.500 --> 01:21:51.500]  the deputy's name or the officer's name and his badge number, et cetera, and describing
[01:21:51.500 --> 01:21:59.100]  what events occurred and how it's cited that it's totally unlawful.
[01:21:59.100 --> 01:22:03.900]  I went to the court there to check up to see what's in my file because you say to make
[01:22:03.900 --> 01:22:08.260]  sure to go down and check periodically at least once a week and see what they've got
[01:22:08.260 --> 01:22:09.260]  in your file.
[01:22:09.260 --> 01:22:15.340]  So I went down to do a check up and said, oh, well, we're glad that you're here.
[01:22:15.340 --> 01:22:22.380]  The court has postponed your initial appearance and we'll send a notification in the mail
[01:22:22.380 --> 01:22:27.060]  to you to let you know what they decided to switch the date to when they get another date
[01:22:27.060 --> 01:22:28.860]  on calendar to let you know.
[01:22:28.860 --> 01:22:30.220]  So you'll find out by mail.
[01:22:30.220 --> 01:22:31.220]  Okay.
[01:22:31.220 --> 01:22:36.660]  Two days ago I opened the mailbox and I get a letter from the city of Milwaukee and their
[01:22:36.660 --> 01:22:42.780]  wonderful little traffic court and open it up and says, your trial date has been set.
[01:22:42.780 --> 01:22:47.260]  The judge has entered a plea of not guilty on your behalf.
[01:22:47.260 --> 01:22:48.260]  Save that letter.
[01:22:48.260 --> 01:22:49.260]  Yeah.
[01:22:49.260 --> 01:22:50.260]  I have it.
[01:22:50.260 --> 01:22:59.620]  On your behalf for July 27th at this courtroom, 2016 at a certain time, blah, blah, blah.
[01:22:59.620 --> 01:23:08.020]  So what I need to do now is go down and put an objection to this commissioner entering
[01:23:08.020 --> 01:23:10.900]  a plea on my behalf without my permission, without even telling me.
[01:23:10.900 --> 01:23:15.460]  They don't need your permission, but they need to have jurisdiction of the offense.
[01:23:15.460 --> 01:23:21.700]  Like I was telling the California caller and the fact that because it's a civil infraction,
[01:23:21.700 --> 01:23:26.420]  they have to validate the arrest itself, which it is when you're seized and you're not free
[01:23:26.420 --> 01:23:32.620]  to leave and you consider that to be an arrest, it's an arrest, whether they put you in cuffs
[01:23:32.620 --> 01:23:33.620]  or not.
[01:23:33.620 --> 01:23:40.260]  See, Texas law has tried to write itself where a person is considered to be in custody once
[01:23:40.260 --> 01:23:43.800]  they have been placed under physical restraint.
[01:23:43.800 --> 01:23:47.020]  Not true according to the United States Supreme Court.
[01:23:47.020 --> 01:23:54.160]  There are three conditions that can exist in which a person can be considered arrested.
[01:23:54.160 --> 01:23:59.100]  And one of those is where law enforcement has made it clear the person is not free to
[01:23:59.100 --> 01:24:05.980]  leave and the other is when the person themselves feel that they cannot safely do so of their
[01:24:05.980 --> 01:24:08.540]  own volition.
[01:24:08.540 --> 01:24:12.020]  Exactly.
[01:24:12.020 --> 01:24:15.500]  And the third one being now they put you in physical custody.
[01:24:15.500 --> 01:24:16.500]  Yeah.
[01:24:16.500 --> 01:24:17.500]  Okay.
[01:24:17.500 --> 01:24:20.220]  This is what happened the other day.
[01:24:20.220 --> 01:24:23.780]  I got another traffic stop just a few days ago.
[01:24:23.780 --> 01:24:24.780]  Listen to this one.
[01:24:24.780 --> 01:24:28.060]  I come into the intersection just down the street from my house.
[01:24:28.060 --> 01:24:32.340]  There's an unmarked Dodge Charger with tinted windows sitting out the way to me.
[01:24:32.340 --> 01:24:36.940]  He gets to the stop sign before I do, so he has the right of way.
[01:24:36.940 --> 01:24:37.940]  So I wait.
[01:24:37.940 --> 01:24:38.940]  Nine motion.
[01:24:38.940 --> 01:24:39.940]  Go ahead.
[01:24:39.940 --> 01:24:44.180]  Does Oregon authorize law enforcement to use unmarked vehicles?
[01:24:44.180 --> 01:24:45.180]  That's what I need to find out.
[01:24:45.180 --> 01:24:49.140]  He told me that they did and his sergeant said that they have authority to do so.
[01:24:49.140 --> 01:24:50.140]  Yeah.
[01:24:50.140 --> 01:24:53.940]  The officers say they have it, but they've never produced a law that says it when there's
[01:24:53.940 --> 01:24:57.220]  law that says, no, they can't.
[01:24:57.220 --> 01:25:00.740]  So you need to verify whether or not they do that.
[01:25:00.740 --> 01:25:01.740]  Right.
[01:25:01.740 --> 01:25:06.980]  Not only that, but he also had a regular common plate, not an official plate on the vehicle.
[01:25:06.980 --> 01:25:08.660]  Okay.
[01:25:08.660 --> 01:25:11.860]  And what would be the purpose of having it undercover and unmarked if they're going to
[01:25:11.860 --> 01:25:13.660]  put an official plate on it?
[01:25:13.660 --> 01:25:18.540]  Well, isn't that some type of a- Well, that's what you need to read the statutes
[01:25:18.540 --> 01:25:20.980]  and find out when it comes to unmarked cars.
[01:25:20.980 --> 01:25:21.980]  Yeah.
[01:25:21.980 --> 01:25:22.980]  I don't live in Oregon.
[01:25:22.980 --> 01:25:24.420]  I had a look.
[01:25:24.420 --> 01:25:25.420]  Right.
[01:25:25.420 --> 01:25:26.820]  He entrapped me into the stop.
[01:25:26.820 --> 01:25:28.740]  I know the whole thing is illegal anyway.
[01:25:28.740 --> 01:25:31.420]  It doesn't matter, but he entrapped me into the stop.
[01:25:31.420 --> 01:25:32.420]  Wait, wait, wait.
[01:25:32.420 --> 01:25:33.420]  All right.
[01:25:33.420 --> 01:25:37.580]  That one you're going to have to explain because whatever reservation you wanted to round on,
[01:25:37.580 --> 01:25:39.820]  you just fell off the edge.
[01:25:39.820 --> 01:25:43.140]  How does a cop entrap you into a stop?
[01:25:43.140 --> 01:25:44.940]  He had the right of way to go.
[01:25:44.940 --> 01:25:46.620]  I'm on his left.
[01:25:46.620 --> 01:25:47.620]  He's at the right.
[01:25:47.620 --> 01:25:52.220]  He arrived at the stop sign prior to me even arriving at my stop sign, and he waits for
[01:25:52.220 --> 01:25:53.220]  me to go.
[01:25:53.220 --> 01:25:54.220]  And?
[01:25:54.220 --> 01:25:56.220]  I have no idea if he's a police officer or not.
[01:25:56.220 --> 01:25:57.220]  And?
[01:25:57.220 --> 01:25:58.220]  He said, okay, fine.
[01:25:58.220 --> 01:25:59.220]  Thank you.
[01:25:59.220 --> 01:26:00.220]  Okay.
[01:26:00.220 --> 01:26:01.220]  I'll go ahead and proceed.
[01:26:01.220 --> 01:26:02.220]  Okay.
[01:26:02.220 --> 01:26:03.220]  And then he falls behind me.
[01:26:03.220 --> 01:26:04.220]  Raider, do you understand the legal definition of entrapment?
[01:26:04.220 --> 01:26:05.220]  I don't know.
[01:26:05.220 --> 01:26:11.780]  Well, it goes deeper than that, but I wonder if this is some type of a traffic-
[01:26:11.780 --> 01:26:12.780]  No.
[01:26:12.780 --> 01:26:13.780]  No.
[01:26:13.780 --> 01:26:16.060]  Listen to me for a second now.
[01:26:16.060 --> 01:26:21.660]  For everyone's edification here, do you understand what the legal meaning of entrapment is?
[01:26:21.660 --> 01:26:25.540]  What's required to be entrapment?
[01:26:25.540 --> 01:26:30.420]  In order for this to be entrapment, the cop would have had to have been the one that said,
[01:26:30.420 --> 01:26:33.260]  hey, you know, you really don't need those plates, man.
[01:26:33.260 --> 01:26:34.460]  Go ahead and take them off.
[01:26:34.460 --> 01:26:35.780]  I'm not going to do anything.
[01:26:35.780 --> 01:26:40.060]  And then when you did it, and then he went after you, that's entrapment.
[01:26:40.060 --> 01:26:41.060]  Okay.
[01:26:41.060 --> 01:26:44.620]  Sitting at a stop sign going, hey, go ahead.
[01:26:44.620 --> 01:26:45.620]  I just like the view.
[01:26:45.620 --> 01:26:46.620]  I'm not going to move.
[01:26:46.620 --> 01:26:47.980]  You go ahead.
[01:26:47.980 --> 01:26:48.980]  That's not entrapment.
[01:26:48.980 --> 01:26:53.020]  But is he trying to bait the stop that way?
[01:26:53.020 --> 01:26:54.260]  He's trying to-
[01:26:54.260 --> 01:26:59.340]  He could have done donuts in the middle of the road to come after you.
[01:26:59.340 --> 01:27:00.820]  It's still not entrapment.
[01:27:00.820 --> 01:27:01.820]  Okay.
[01:27:01.820 --> 01:27:02.820]  All right.
[01:27:02.820 --> 01:27:03.820]  Fair enough.
[01:27:03.820 --> 01:27:08.700]  I proceed all the way down to the next intersection that had a bigger intersection at a stop sign.
[01:27:08.700 --> 01:27:13.060]  And this idiot comes around the corner and comes right into my lane head on at me.
[01:27:13.060 --> 01:27:16.380]  And he corrects, I guess he's messing around on his cell phone or whatever.
[01:27:16.380 --> 01:27:19.660]  He corrects, goes back into his correct lane, and the guy's right behind me anyway.
[01:27:19.660 --> 01:27:21.380]  He doesn't bother to go after him.
[01:27:21.380 --> 01:27:24.300]  He continues to follow me beyond that stop sign, and then the lights came on, then he
[01:27:24.300 --> 01:27:25.300]  stopped me.
[01:27:25.300 --> 01:27:27.460]  And I said, hey, did you see that?
[01:27:27.460 --> 01:27:30.780]  I mean, that right there is a breach in safety right there, what you're supposed to be doing
[01:27:30.780 --> 01:27:31.780]  on the roadway.
[01:27:31.780 --> 01:27:38.000]  Isn't the purpose of being out here and being in a traffic detail, isn't the protocol to
[01:27:38.000 --> 01:27:42.460]  keep us safe, you know, protecting the people here and the welfare and their wellbeing
[01:27:42.460 --> 01:27:43.460]  on the roadway?
[01:27:43.460 --> 01:27:44.460]  Uh-uh.
[01:27:44.460 --> 01:27:48.700]  I need to see your driver's license for registration and proof of insurance, sir.
[01:27:48.700 --> 01:27:52.060]  So he didn't bother to answer any of my questions.
[01:27:52.060 --> 01:27:56.220]  So I just, you know, gave him the paperwork.
[01:27:56.220 --> 01:27:57.220]  Not gauged in, uh...
[01:27:57.220 --> 01:28:04.460]  You know, Raider, there are some days when you make me consider investing in et cetera.
[01:28:04.460 --> 01:28:13.460]  Listen, man, first off, what are the instructions relating to educating cops on the side of
[01:28:13.460 --> 01:28:17.260]  the road, especially about telling them how to do their job?
[01:28:17.260 --> 01:28:24.500]  Yeah, no, no, that happened right in front of me, so it just, you know, it took me off.
[01:28:24.500 --> 01:28:28.780]  Well, maybe, but you're presuming that he was paying attention enough to see around
[01:28:28.780 --> 01:28:33.900]  you to what the other one was doing, rather than concentrating on his computer rather
[01:28:33.900 --> 01:28:36.780]  than the road or anything else.
[01:28:36.780 --> 01:28:42.140]  The point is, you've already gotten off on the wrong foot with the moron.
[01:28:42.140 --> 01:28:43.140]  Okay?
[01:28:43.140 --> 01:28:49.020]  See, it's one thing to insult a bully when they can't reach you.
[01:28:49.020 --> 01:28:53.900]  It's quite another to insult a bully when you're alone with him on the side of the road
[01:28:53.900 --> 01:28:56.900]  and he's wearing a fricking gun.
[01:28:56.900 --> 01:28:57.900]  Okay?
[01:28:57.900 --> 01:28:59.020]  All right.
[01:28:59.020 --> 01:29:04.740]  There's a reason for the rules.
[01:29:04.740 --> 01:29:06.780]  All right.
[01:29:06.780 --> 01:29:15.020]  All right, anyway, the point being, the stop, I'm assuming you got more citations.
[01:29:15.020 --> 01:29:19.820]  I got another citation for the same three, same three over and over again.
[01:29:19.820 --> 01:29:20.820]  Okay.
[01:29:20.820 --> 01:29:26.820]  So once again, what you need to be doing is filing suit against everyone.
[01:29:26.820 --> 01:29:32.020]  Those are civil infractions, therefore, you do not have to wait for the outcome of anything
[01:29:32.020 --> 01:29:35.100]  to have a malicious prosecution suit.
[01:29:35.100 --> 01:29:37.100]  Right.
[01:29:37.100 --> 01:29:40.940]  You can show from the very beginning the stop was illegal, right?
[01:29:40.940 --> 01:29:44.060]  Yeah, citing the steps, the challenge.
[01:29:44.060 --> 01:29:47.380]  No, sir, cannot stop anybody for a civil infraction.
[01:29:47.380 --> 01:29:48.380]  Okay.
[01:29:48.380 --> 01:29:50.900]  In any case, keep that in mind.
[01:29:50.900 --> 01:29:54.380]  Hang on, I'm going to give you just a couple of minutes on the other side and then we're
[01:29:54.380 --> 01:29:55.380]  going to move to the next person.
[01:29:55.380 --> 01:29:56.380]  All right?
[01:29:56.380 --> 01:29:57.380]  Come on.
[01:29:57.380 --> 01:29:58.380]  We'll be right back, folks.
[01:29:58.380 --> 01:29:59.380]  Y'all hang in there.
[01:29:59.380 --> 01:30:09.060]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
[01:30:09.060 --> 01:30:10.060]  on growing.
[01:30:10.060 --> 01:30:13.140]  But now researchers say we can add stress to the list.
[01:30:13.140 --> 01:30:17.260]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:17.260 --> 01:30:18.980]  Privacy is under attack.
[01:30:18.980 --> 01:30:22.620]  When you give up data about yourself, you'll never get it back again.
[01:30:22.620 --> 01:30:27.620]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.620 --> 01:30:32.820]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.820 --> 01:30:35.400]  Privacy, it's worth hanging on to.
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[01:31:08.940 --> 01:31:11.260]  in their prefrontal cortex.
[01:31:11.260 --> 01:31:16.400]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
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[01:31:21.380 --> 01:31:31.540]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[01:33:01.740 --> 01:33:10.780]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:10.780 --> 01:33:34.100]  All right, folks, we are back.
[01:33:34.100 --> 01:33:38.500]  This is Rule of Law Radio, and we are talking for just another couple of minutes to Truth
[01:33:38.500 --> 01:33:39.500]  Raider.
[01:33:39.500 --> 01:33:40.980]  What else?
[01:33:40.980 --> 01:33:43.660]  All right, thanks, Eddie.
[01:33:43.660 --> 01:33:47.020]  These last points here is the grand finale of my call.
[01:33:47.020 --> 01:33:54.460]  Okay, so what I need to do is to go to the court concerning this judge entering a plea
[01:33:54.460 --> 01:33:56.100]  of not guilty on my behalf.
[01:33:56.100 --> 01:34:02.580]  No, you need to file a motion objecting to and moving to withdraw the plea.
[01:34:02.580 --> 01:34:04.620]  Okay.
[01:34:04.620 --> 01:34:09.660]  Because there has been no hearing or opportunity for you to receive proper, sufficient, and
[01:34:09.660 --> 01:34:14.980]  timely notice in which to file or make a consumable plea.
[01:34:14.980 --> 01:34:15.980]  Okay.
[01:34:15.980 --> 01:34:16.980]  All right.
[01:34:16.980 --> 01:34:25.100]  So I'll write that in there, objection to that, I'll give a notice to be able to see
[01:34:25.100 --> 01:34:29.980]  what, you know, to have the proper amount of time and facts, and to be able to make
[01:34:29.980 --> 01:34:31.980]  my own consumable plea.
[01:34:31.980 --> 01:34:32.980]  Okay.
[01:34:32.980 --> 01:34:38.740]  All right, other than that, on this most recent stop, you say I need to start suing everybody,
[01:34:38.740 --> 01:34:39.740]  so okay.
[01:34:39.740 --> 01:34:44.940]  And I can do that, as you say, at any time, because I don't have to wait for the outcome
[01:34:44.940 --> 01:34:45.940]  of anything.
[01:34:45.940 --> 01:34:46.940]  I can start doing that at any time.
[01:34:46.940 --> 01:34:54.860]  In a civil infraction, they're moving forward without doing two things, providing any evidence
[01:34:54.860 --> 01:35:01.540]  that the original stop was valid and ignoring the basic due process right, that there was
[01:35:01.540 --> 01:35:05.180]  no authority to make the stop in the first place.
[01:35:05.180 --> 01:35:10.460]  Therefore, did you file a motion to suppress?
[01:35:10.460 --> 01:35:11.460]  Not yet.
[01:35:11.460 --> 01:35:15.380]  Well, stop with the not yet and do yeah, weeks ago.
[01:35:15.380 --> 01:35:16.380]  Okay.
[01:35:16.380 --> 01:35:25.140]  Well, I have time for this particular trial for scheduling for July 27th.
[01:35:25.140 --> 01:35:26.140]  Just get it filed.
[01:35:26.140 --> 01:35:27.140]  Yeah.
[01:35:27.140 --> 01:35:28.140]  Yeah.
[01:35:28.140 --> 01:35:29.140]  I will do that.
[01:35:29.140 --> 01:35:31.140]  I'll do that tomorrow, ASAP.
[01:35:31.140 --> 01:35:38.740]  Now, in closing, for this particular stop, you know, I kept invoking, not engaged in
[01:35:38.740 --> 01:35:44.540]  transportation, sir, you know, private good, this is household goods, my property.
[01:35:44.540 --> 01:35:46.660]  And then he said, okay, whatever.
[01:35:46.660 --> 01:35:51.700]  So he gave me the ticket, and well, I'm not giving you permission to drive away, and I'm
[01:35:51.700 --> 01:35:52.980]  not going to do anything to stop you.
[01:35:52.980 --> 01:35:53.980]  You're an adult.
[01:35:53.980 --> 01:35:54.980]  You can make your own adult decision.
[01:35:54.980 --> 01:35:57.820]  So I'm going to park, and you can do what you choose to do.
[01:35:57.820 --> 01:36:01.060]  And that was the end of the stop for the other day.
[01:36:01.060 --> 01:36:04.340]  So they let you go, and you get to proceed on your way.
[01:36:04.340 --> 01:36:08.580]  But I was holding the paperwork out the window at the backup officer that came in, it was
[01:36:08.580 --> 01:36:13.060]  a Mark unit that came up, I guess it was his supervisor, apparently, and I kept showing
[01:36:13.060 --> 01:36:16.300]  him the paperwork, hey, steps to challenge, you know, all this kind of stuff, you're not
[01:36:16.300 --> 01:36:17.300]  engaged.
[01:36:17.300 --> 01:36:22.140]  And he backed up and went away, it was like vampires when they see a cross, or you bear
[01:36:22.140 --> 01:36:24.100]  garlic in front of them.
[01:36:24.100 --> 01:36:29.660]  They turned around the other way and took off, wouldn't even bother to look at my paperwork.
[01:36:29.660 --> 01:36:32.260]  Well, of course not.
[01:36:32.260 --> 01:36:33.860]  Okay?
[01:36:33.860 --> 01:36:38.300]  So the point there being that if you were at, they knew this was a civil infraction,
[01:36:38.300 --> 01:36:41.300]  they couldn't hold you, they couldn't stop you.
[01:36:41.300 --> 01:36:45.540]  That was him admitting, when he told you that and let you go, he was admitting, I can't
[01:36:45.540 --> 01:36:48.380]  hold you, I can't do anything to you at all.
[01:36:48.380 --> 01:36:49.380]  He knew that.
[01:36:49.380 --> 01:36:50.380]  Yep.
[01:36:50.380 --> 01:36:54.140]  Yeah, he uses the wording, though, that, well, you're an adult, you can make adult decisions,
[01:36:54.140 --> 01:36:57.700]  and, you know, I'm not giving you permission, and I'm not saying you can, you can do whatever
[01:36:57.700 --> 01:37:00.660]  you want, but I'm not giving you permission to drive, but you can do whatever you want.
[01:37:00.660 --> 01:37:01.660]  Right.
[01:37:01.660 --> 01:37:06.580]  And what you need, should you actually have to go to trial, is for him to testify to that.
[01:37:06.580 --> 01:37:07.580]  Okay.
[01:37:07.580 --> 01:37:08.580]  Okay?
[01:37:08.580 --> 01:37:12.380]  You need to get him to admit that he knew it was a civil infraction.
[01:37:12.380 --> 01:37:18.140]  You have to get him to admit that there was no reasonable suspicion or articulable probable
[01:37:18.140 --> 01:37:21.100]  cause, because there was no crime.
[01:37:21.100 --> 01:37:25.980]  Well, then, officer, were you in possession of a valid warrant that either had my description
[01:37:25.980 --> 01:37:28.020]  or my name on it?
[01:37:28.020 --> 01:37:29.860]  Well, no.
[01:37:29.860 --> 01:37:37.940]  Then by what authority did you perform a seizure of my person and my car for a civil infraction?
[01:37:37.940 --> 01:37:43.060]  No, they always say, it's the Oregon right statute, sir, it's the law.
[01:37:43.060 --> 01:37:44.060]  No.
[01:37:44.060 --> 01:37:45.060]  Come back with that.
[01:37:45.060 --> 01:37:47.300]  No, no, no, no, no, no, no.
[01:37:47.300 --> 01:37:48.380]  That's the thing.
[01:37:48.380 --> 01:37:52.740]  I don't care what they say, you better have an answer for it to shoot it down.
[01:37:52.740 --> 01:37:58.700]  A statute cannot authorize a deprivation of a right.
[01:37:58.700 --> 01:37:59.700]  Correct.
[01:37:59.700 --> 01:38:05.620]  And I went down to see his sergeant and I said, why do you have this unmarked unit out
[01:38:05.620 --> 01:38:06.620]  on the roadway stopping people?
[01:38:06.620 --> 01:38:09.620]  I mean, isn't that kind of a fishy thing to do?
[01:38:09.620 --> 01:38:12.340]  Well, it's the halo effect, you see.
[01:38:12.340 --> 01:38:16.700]  So we have marked units out there and we're stopping people with marked units, people
[01:38:16.700 --> 01:38:20.500]  or following people with marked units, that is, well, then everyone seems to have perfect
[01:38:20.500 --> 01:38:21.500]  driving skills.
[01:38:21.500 --> 01:38:26.940]  But see, but we go undercover and go out there and we see how people really are in their
[01:38:26.940 --> 01:38:28.220]  behavior more or less than we said.
[01:38:28.220 --> 01:38:32.420]  We should tell you, Mr. Officer, that they don't give a crap why you think you're out
[01:38:32.420 --> 01:38:33.420]  there.
[01:38:33.420 --> 01:38:38.820]  They think they understand the rules better and can do it better, see, that's the thing.
[01:38:38.820 --> 01:38:39.820]  Okay.
[01:38:39.820 --> 01:38:44.860]  Anyway, besides all that, we got this cleared up, get that filed, let me get the next person
[01:38:44.860 --> 01:38:45.860]  in line here.
[01:38:45.860 --> 01:38:46.860]  Will do.
[01:38:46.860 --> 01:38:47.860]  God bless.
[01:38:47.860 --> 01:38:48.860]  Thanks, Eddie.
[01:38:48.860 --> 01:38:49.860]  You're welcome.
[01:38:49.860 --> 01:38:50.860]  Have a good one.
[01:38:50.860 --> 01:38:51.860]  All right.
[01:38:51.860 --> 01:38:53.940]  We're going to Oliver in Tennessee.
[01:38:53.940 --> 01:38:56.340]  Oliver, let's see what we can knock out here.
[01:38:56.340 --> 01:38:57.340]  What do you got?
[01:38:57.340 --> 01:38:58.340]  All right.
[01:38:58.340 --> 01:38:59.340]  Make it quick.
[01:38:59.340 --> 01:39:06.260]  Police officers came and put stickers on the cars in front of my house, had an issue with
[01:39:06.260 --> 01:39:07.260]  the city and everything.
[01:39:07.260 --> 01:39:16.060]  But he put a sticker on my house three days, ignored them, eventually told the car.
[01:39:16.060 --> 01:39:21.820]  When they told the car, I went, I called the company, I went and go pick up the car and
[01:39:21.820 --> 01:39:25.940]  I went to see what they put, that they took the car for.
[01:39:25.940 --> 01:39:33.940]  On the ticket, it says 10-101, accident involving death.
[01:39:33.940 --> 01:39:36.820]  I'm sitting here like, what the hell?
[01:39:36.820 --> 01:39:37.820]  And I'm talking to the driver.
[01:39:37.820 --> 01:39:41.620]  He's like, well, they said there was a parking violation and I had to go get it because of
[01:39:41.620 --> 01:39:43.860]  the city and they forced me to do it.
[01:39:43.860 --> 01:39:47.420]  Well, and under what law, he was like, well, that one right there.
[01:39:47.420 --> 01:39:48.420]  I'm like, did you look at it?
[01:39:48.420 --> 01:39:51.420]  He was like, well, it's a very bad vehicle.
[01:39:51.420 --> 01:39:52.660]  I'm like, it's a bad vehicle.
[01:39:52.660 --> 01:39:57.500]  I'm like, this is, says, an accident involving death.
[01:39:57.500 --> 01:39:59.820]  And he looked at it, he was like, so freaked out.
[01:39:59.820 --> 01:40:04.820]  So now I've been looking at this, it's called death, right?
[01:40:04.820 --> 01:40:05.820]  Isn't it?
[01:40:05.820 --> 01:40:06.820]  Well, that depends.
[01:40:06.820 --> 01:40:09.860]  In Tennessee, is it grand theft auto?
[01:40:09.860 --> 01:40:12.500]  Is it called burglary of a vehicle?
[01:40:12.500 --> 01:40:14.820]  Is it called theft?
[01:40:14.820 --> 01:40:19.660]  Or did the guy that came and told them to take it also happen to be wearing a gun, making
[01:40:19.660 --> 01:40:22.860]  it armed robbery?
[01:40:22.860 --> 01:40:23.860]  Armed robbery?
[01:40:23.860 --> 01:40:24.860]  Yeah.
[01:40:24.860 --> 01:40:30.540]  Because he said a cop was there and he forced them to take it.
[01:40:30.540 --> 01:40:31.540]  Okay.
[01:40:31.540 --> 01:40:33.900]  Then that would be armed robbery.
[01:40:33.900 --> 01:40:38.680]  And it could be argued that he kidnapped the tow truck driver and compelled him to commit
[01:40:38.680 --> 01:40:46.180]  a crime, especially if you can get the tow truck driver to say, well, the cop told me
[01:40:46.180 --> 01:40:48.100]  I had to take it.
[01:40:48.100 --> 01:40:49.660]  I was afraid for my life.
[01:40:49.660 --> 01:40:52.460]  This is Tennessee and he is wearing a gun and told me I had to do something.
[01:40:52.460 --> 01:40:55.460]  I thought I might get shot if I didn't.
[01:40:55.460 --> 01:40:57.460]  Well, he did.
[01:40:57.460 --> 01:40:58.460]  Okay.
[01:40:58.460 --> 01:41:08.580]  Now, when I go to, now that I've got a court date, when I go to, when I go to court, I
[01:41:08.580 --> 01:41:09.580]  get shot.
[01:41:09.580 --> 01:41:10.580]  And it's a misdemeanor.
[01:41:10.580 --> 01:41:11.580]  He charged me with the misdemeanor.
[01:41:11.580 --> 01:41:12.580]  Also, I don't understand.
[01:41:12.580 --> 01:41:18.860]  How could an accident involving death be a misdemeanor?
[01:41:18.860 --> 01:41:19.860]  I don't know.
[01:41:19.860 --> 01:41:22.940]  And how are you going to put a three-day notice on it?
[01:41:22.940 --> 01:41:28.820]  In the statute, it said the car has to be taken immediately for investigation purposes,
[01:41:28.820 --> 01:41:29.820]  which makes sense.
[01:41:29.820 --> 01:41:35.500]  But how can it be an accident causing death when it's sitting on top of a trailer in front
[01:41:35.500 --> 01:41:37.700]  of our house?
[01:41:37.700 --> 01:41:38.700]  No damage.
[01:41:38.700 --> 01:41:39.700]  No nothing.
[01:41:39.700 --> 01:41:44.460]  Well, that's not relevant as far as that goes because that's still plausible.
[01:41:44.460 --> 01:41:45.700]  It can be done.
[01:41:45.700 --> 01:41:47.260]  You could have repaired it in the time.
[01:41:47.260 --> 01:41:49.260]  You know what I'm saying?
[01:41:49.260 --> 01:41:51.300]  So that's not going to be the basis of it.
[01:41:51.300 --> 01:41:57.500]  The basis here is he's going to have to testify as to what death, who identified the car,
[01:41:57.500 --> 01:42:02.140]  what was the license number allegedly on the car that caused it, who is the witness?
[01:42:02.140 --> 01:42:03.140]  Right.
[01:42:03.140 --> 01:42:06.060]  But, okay, I understand.
[01:42:06.060 --> 01:42:07.340]  I understand.
[01:42:07.340 --> 01:42:12.340]  On the part, it says the law, and then it says the reason, it says abandoned.
[01:42:12.340 --> 01:42:19.620]  Now, when I read the statutes, nothing in that statute says it said abandoned.
[01:42:19.620 --> 01:42:21.220]  Anything about abandonment, anyway.
[01:42:21.220 --> 01:42:22.220]  Right.
[01:42:22.220 --> 01:42:25.740]  So he's going to argue that he wrote down the wrong number while writing down the correct
[01:42:25.740 --> 01:42:26.740]  reason.
[01:42:26.740 --> 01:42:27.740]  That's to throw you off.
[01:42:27.740 --> 01:42:31.660]  Go find the statute dealing with abandonment and see what it says.
[01:42:31.660 --> 01:42:34.820]  If it was parked on a trailer in front of your house, he's going to have a damn hard
[01:42:34.820 --> 01:42:36.940]  time arguing that it was abandoned.
[01:42:36.940 --> 01:42:42.820]  Especially, he wrote my name on the ticket, which the car was not registered to me.
[01:42:42.820 --> 01:42:49.860]  So how did you know that the car supposedly belonged to me when you pulled the registration?
[01:42:49.860 --> 01:42:51.500]  It belonged to someone else.
[01:42:51.500 --> 01:42:56.500]  Well, it was still registered in someone else's name, not belonged to someone else.
[01:42:56.500 --> 01:42:57.900]  You're shooting yourself in the foot there.
[01:42:57.900 --> 01:42:58.900]  Don't do that.
[01:42:58.900 --> 01:43:00.500]  Be careful with your terminology.
[01:43:00.500 --> 01:43:01.500]  Right.
[01:43:01.500 --> 01:43:06.900]  The registration had someone else's name on it, yet you have my name on the citation.
[01:43:06.900 --> 01:43:08.660]  Did you speak to me that day?
[01:43:08.660 --> 01:43:09.660]  No.
[01:43:09.660 --> 01:43:11.660]  Then how did you know to put my name on the citation?
[01:43:11.660 --> 01:43:13.420]  Well, I'm familiar with you.
[01:43:13.420 --> 01:43:17.020]  Ah, so you pulled this kind of crap on me before.
[01:43:17.020 --> 01:43:18.020]  Arrested.
[01:43:18.020 --> 01:43:19.020]  Okay.
[01:43:19.020 --> 01:43:22.020]  That's how you set that one up.
[01:43:22.020 --> 01:43:23.020]  Gotcha.
[01:43:23.020 --> 01:43:24.020]  All right.
[01:43:24.020 --> 01:43:31.020]  And in court is, I think it was like a bill or a rotate, I forgot what it was, but I got
[01:43:31.020 --> 01:43:32.020]  to look at it now.
[01:43:32.020 --> 01:43:33.020]  Bill of Pains and Penalties.
[01:43:33.020 --> 01:43:38.420]  Bill of Pains and Penalties, so I can ask for money right then and there?
[01:43:38.420 --> 01:43:42.820]  No, no, no, no, no, that's not what you're doing to them, no.
[01:43:42.820 --> 01:43:45.100]  That's what they're doing to you with that ticket.
[01:43:45.100 --> 01:43:46.100]  Oh.
[01:43:46.100 --> 01:43:47.100]  Okay.
[01:43:47.100 --> 01:43:51.420]  Hang on just a second, Oliver, we'll pick you up here and on the other side.
[01:43:51.420 --> 01:43:55.180]  All right, folks, y'all hang in there, we're going to take another quick break and be right
[01:43:55.180 --> 01:44:00.380]  back.
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[01:46:18.100 --> 01:46:23.620]  All right, folks, we are back and now we are going back to Oliver in Tennessee.
[01:46:23.620 --> 01:46:30.340]  All right, Oliver, you have a game plan or there's more you've got to ask?
[01:46:30.340 --> 01:46:37.980]  You said the bills in Tennessee, I looked that up, but getting repercussions for the-
[01:46:37.980 --> 01:46:40.980]  You mean an interrogatory?
[01:46:40.980 --> 01:46:42.620]  Interrogatory?
[01:46:42.620 --> 01:46:43.620]  Interrogatories.
[01:46:43.620 --> 01:46:47.260]  What's that?
[01:46:47.260 --> 01:46:51.940]  It's a list of questions that you want them to admit to prior to trial.
[01:46:51.940 --> 01:46:55.940]  You send them, did you on such and such day do this?
[01:46:55.940 --> 01:46:59.060]  Did you on such and such time do this?
[01:46:59.060 --> 01:47:05.860]  You get them to make these admissions, which are called stipulations in the legal arena,
[01:47:05.860 --> 01:47:10.220]  so that they can be introduced in court without you having to build up all the question platforms
[01:47:10.220 --> 01:47:11.460]  to get to them.
[01:47:11.460 --> 01:47:16.780]  You can say the state is stipulated to the following things through their witness.
[01:47:16.780 --> 01:47:17.780]  All right.
[01:47:17.780 --> 01:47:21.460]  Anyway, you're obviously thinking of something else, do you know what it is?
[01:47:21.460 --> 01:47:22.460]  Yes.
[01:47:22.460 --> 01:47:28.540]  Because I'm pretty much pretty far from defending this in court.
[01:47:28.540 --> 01:47:32.980]  How do I get compensated for the theft?
[01:47:32.980 --> 01:47:34.220]  You got to sue.
[01:47:34.220 --> 01:47:39.420]  You're not going to get compensated until you sue somebody.
[01:47:39.420 --> 01:47:40.620]  In district court?
[01:47:40.620 --> 01:47:44.300]  I don't know what court you'd have to sue them in in Tennessee, but you got to sue somebody
[01:47:44.300 --> 01:47:46.980]  somewhere to get paid.
[01:47:46.980 --> 01:47:47.980]  Okay.
[01:47:47.980 --> 01:47:56.420]  So going to court to defend a ticket is just the first step.
[01:47:56.420 --> 01:48:00.140]  If you want to go after them for malicious prosecution and theft to your car, you've
[01:48:00.140 --> 01:48:02.580]  got to beat that first.
[01:48:02.580 --> 01:48:07.580]  Because in order to do malicious prosecution, you've got to have the outcome in your favor.
[01:48:07.580 --> 01:48:12.220]  Doesn't matter whether it's a dismissal, doesn't matter whether... But again, the dismissal
[01:48:12.220 --> 01:48:17.700]  will only help you if jeopardy attached before they dismissed it.
[01:48:17.700 --> 01:48:22.100]  Otherwise, you won't have a malicious prosecution suit.
[01:48:22.100 --> 01:48:29.500]  But what you can do then is file a claim directly against the officer and his department and
[01:48:29.500 --> 01:48:37.020]  the city he works for, for improper training and so on and so forth, and an abuse of policy
[01:48:37.020 --> 01:48:44.220]  by stealing property without any authority in the law or justification for doing so.
[01:48:44.220 --> 01:48:47.740]  And then falsifying a government record as to why.
[01:48:47.740 --> 01:48:52.900]  Oh, in court, after I take them to court.
[01:48:52.900 --> 01:48:56.300]  That's when you take them to court, yes.
[01:48:56.300 --> 01:48:57.300]  Okay.
[01:48:57.300 --> 01:49:00.220]  All right, anything else?
[01:49:00.220 --> 01:49:02.220]  Got it, got it.
[01:49:02.220 --> 01:49:03.220]  Right.
[01:49:03.220 --> 01:49:06.820]  So I just forgot which court room...
[01:49:06.820 --> 01:49:08.300]  Well, not court room.
[01:49:08.300 --> 01:49:13.220]  Which level of court... I mean, I don't know if Tennessee has a small claims court or how
[01:49:13.220 --> 01:49:17.980]  much you're going after that would change what court because of the money amount.
[01:49:17.980 --> 01:49:21.740]  Most states have courts that are at various levels depending upon the amount of money
[01:49:21.740 --> 01:49:23.300]  you're suing for.
[01:49:23.300 --> 01:49:27.460]  Small claims in Texas, for instance, is 10,000 or less.
[01:49:27.460 --> 01:49:30.660]  Anything above that has to go into the district court.
[01:49:30.660 --> 01:49:33.660]  Got you, small claims, got you.
[01:49:33.660 --> 01:49:34.660]  All right, I understand.
[01:49:34.660 --> 01:49:35.660]  Thank you.
[01:49:35.660 --> 01:49:36.660]  Okay.
[01:49:36.660 --> 01:49:37.660]  Thanks for calling in.
[01:49:37.660 --> 01:49:42.140]  All right, now let's see.
[01:49:42.140 --> 01:49:43.140]  Real quick here.
[01:49:43.140 --> 01:49:44.140]  We have David in Texas.
[01:49:44.140 --> 01:49:45.140]  David, what do you got?
[01:49:45.140 --> 01:49:51.300]  Hey, I got a question on this non-consent tow hearing.
[01:49:51.300 --> 01:49:58.220]  I was pulled over, the officer took me to the magistrate and towed my truck.
[01:49:58.220 --> 01:50:04.180]  Now my truck was locked, parked on private property with no tow, no signs restricting
[01:50:04.180 --> 01:50:05.180]  the tow.
[01:50:05.180 --> 01:50:08.700]  No signs restricting parking.
[01:50:08.700 --> 01:50:09.700]  And now I have a court date.
[01:50:09.700 --> 01:50:16.580]  I've been to court once and the judge told us that they had to reset it because the tow
[01:50:16.580 --> 01:50:22.740]  company nor the deputy had an attorney there, so they restarted it.
[01:50:22.740 --> 01:50:28.740]  Since they restarted it, I've gotten a letter from the court and I'm going to read you the
[01:50:28.740 --> 01:50:35.420]  letter which says, be it remembered that on this day came on to be considered defendant
[01:50:35.420 --> 01:50:38.740]  to the Texas Department of Public Safety and Jerry D. Bennett's motion for application
[01:50:38.740 --> 01:50:46.300]  of other rules pursuant to Texas Remedy Civil Procedure 500.3E1 to allow the filing of a
[01:50:46.300 --> 01:50:53.980]  motion to dismiss pursuant to Texas Civil Practice and Remedy's Code Section 101.106E.
[01:50:53.980 --> 01:50:57.900]  By defendant, the Texas Department of Public Safety and the court, after considering the
[01:50:57.900 --> 01:51:02.420]  pleadings of the parties filed herein, is of the opinion that the following order should
[01:51:02.420 --> 01:51:03.420]  issue.
[01:51:03.420 --> 01:51:09.580]  It is hereby ordered adjudged and decreed that the defendant, the Texas Department of
[01:51:09.580 --> 01:51:16.100]  Public Safety and Jerry D. Bennett's motion for application of other rules pursuant to
[01:51:16.100 --> 01:51:20.980]  the 500.3E1 be and is hereby granted.
[01:51:20.980 --> 01:51:24.860]  Defendant the Texas Department of Public Safety is allowed to file a motion to dismiss pursuant
[01:51:24.860 --> 01:51:30.420]  to Texas Civil Practice and Remedy's Code Section 101.106E.
[01:51:30.420 --> 01:51:33.460]  My question is, how do I respond to this?
[01:51:33.460 --> 01:51:35.140]  It's not saying you have to respond.
[01:51:35.140 --> 01:51:40.180]  They've granted your request for the application of other rules and the hearing that goes with
[01:51:40.180 --> 01:51:43.340]  it.
[01:51:43.340 --> 01:51:45.820]  That's certainly what it sounds like to me.
[01:51:45.820 --> 01:51:47.020]  This is an order.
[01:51:47.020 --> 01:51:48.300]  This is not a motion.
[01:51:48.300 --> 01:51:49.940]  This is not a pleading.
[01:51:49.940 --> 01:51:53.220]  This is an order issued by a court.
[01:51:53.220 --> 01:51:59.620]  What you have to wait on now is to see whether or not the last part of what you just read
[01:51:59.620 --> 01:52:07.740]  says that the DPS can file a motion to dismiss, which again, we need some clarification on
[01:52:07.740 --> 01:52:09.860]  dismiss what?
[01:52:09.860 --> 01:52:15.860]  Their allegations against you so as to prevent that hearing from taking place or to dismiss
[01:52:15.860 --> 01:52:20.380]  your petition to have a hearing based upon the other rules.
[01:52:20.380 --> 01:52:23.420]  That part isn't made explicitly clear.
[01:52:23.420 --> 01:52:29.380]  That's what I'm assuming that's what they're saying, that they want to have it dismissed
[01:52:29.380 --> 01:52:30.380]  according to...
[01:52:30.380 --> 01:52:31.380]  No, no, no, no, no.
[01:52:31.380 --> 01:52:32.740]  This is an order.
[01:52:32.740 --> 01:52:39.100]  All the order is saying is that the Department of Public Safety has the opportunity and
[01:52:39.100 --> 01:52:43.140]  the rules allow them to file a motion to dismiss.
[01:52:43.140 --> 01:52:47.540]  What we don't know for certain is to dismiss which part.
[01:52:47.540 --> 01:52:50.540]  Oh, okay.
[01:52:50.540 --> 01:52:51.900]  Okay.
[01:52:51.900 --> 01:52:56.020]  So you don't have to respond until they file such a motion.
[01:52:56.020 --> 01:53:00.900]  And then you would have to say, here's why they shouldn't get their dismissal.
[01:53:00.900 --> 01:53:03.000]  Okay.
[01:53:03.000 --> 01:53:05.340]  But again, that would depend upon what they're asking for.
[01:53:05.340 --> 01:53:09.220]  If they're trying to dismiss the case against you, let them do it.
[01:53:09.220 --> 01:53:13.540]  If they're trying to dismiss your ability to have it heard under other rules, don't
[01:53:13.540 --> 01:53:15.160]  let them do it.
[01:53:15.160 --> 01:53:18.100]  If you know what you're going to be doing with those other rules.
[01:53:18.100 --> 01:53:19.100]  Okay.
[01:53:19.100 --> 01:53:24.620]  Well, yeah, that was my question.
[01:53:24.620 --> 01:53:26.820]  I didn't understand this.
[01:53:26.820 --> 01:53:32.420]  Well, I'm going by how it sounds based upon how you're reading it.
[01:53:32.420 --> 01:53:36.540]  Rule number one, never trust what you hear someone reading to you.
[01:53:36.540 --> 01:53:41.100]  If you really want an opinion on it, scan it and send it to me.
[01:53:41.100 --> 01:53:45.500]  Because only by looking at it will I be able to understand it completely.
[01:53:45.500 --> 01:53:46.500]  Okay.
[01:53:46.500 --> 01:53:50.340]  Well, I'll make sure I do that.
[01:53:50.340 --> 01:53:54.500]  And you know, they took me to the magistrate, they gave me the entertainer and they released
[01:53:54.500 --> 01:53:57.460]  me on that promise to pay.
[01:53:57.460 --> 01:54:02.860]  Well, here's one thing, once you actually get them in there, one of the things you want
[01:54:02.860 --> 01:54:08.500]  to ask them is, and don't let them, don't just say, can you please explain why you towed
[01:54:08.500 --> 01:54:09.500]  the car?
[01:54:09.500 --> 01:54:11.180]  Don't ever ask them that question.
[01:54:11.180 --> 01:54:15.900]  What is the first rule of cross-examination or direct examination?
[01:54:15.900 --> 01:54:21.180]  Unless you absolutely, positively know exactly what the answer is going to be.
[01:54:21.180 --> 01:54:26.020]  You never, ever ask a witness why.
[01:54:26.020 --> 01:54:27.820]  So don't do that.
[01:54:27.820 --> 01:54:34.100]  You ask the question as you want it worded and get a yes or no answer out of him.
[01:54:34.100 --> 01:54:35.100]  Okay.
[01:54:35.100 --> 01:54:36.100]  Okay.
[01:54:36.100 --> 01:54:42.140]  Officer, did you order the car towed for the purpose of seizing it as evidence?
[01:54:42.140 --> 01:54:43.140]  No.
[01:54:43.140 --> 01:54:49.940]  Officer, did you order the car towed because it was involved in an accident or related
[01:54:49.940 --> 01:54:52.540]  to some sort of property damage?
[01:54:52.540 --> 01:54:53.540]  No.
[01:54:53.540 --> 01:55:00.300]  Officer, did you order the car towed because you discovered any sort of illegal contraband
[01:55:00.300 --> 01:55:04.460]  or that the car itself was stolen?
[01:55:04.460 --> 01:55:06.340]  No and no.
[01:55:06.340 --> 01:55:07.340]  Don't ask them together.
[01:55:07.340 --> 01:55:11.180]  Always ask the questions separate, but I'm just trying to hurry things up here.
[01:55:11.180 --> 01:55:16.780]  So officer, if there was nothing wrong with the car, was the car illegally parked?
[01:55:16.780 --> 01:55:17.780]  No.
[01:55:17.780 --> 01:55:18.780]  No.
[01:55:18.780 --> 01:55:23.100]  Was the car parked in a way as to present a public safety hazard?
[01:55:23.100 --> 01:55:24.100]  No.
[01:55:24.100 --> 01:55:30.380]  Then can you please explain on what grounds and what authority you took a car belonging
[01:55:30.380 --> 01:55:34.780]  to a private individual for absolutely no lawful purpose?
[01:55:34.780 --> 01:55:37.900]  Then you can't.
[01:55:37.900 --> 01:55:38.900]  Exactly.
[01:55:38.900 --> 01:55:44.060]  But you need to set the stage to prove he's already removed any doubt that none of the
[01:55:44.060 --> 01:55:49.380]  purposes that are lawful were there.
[01:55:49.380 --> 01:55:51.420]  You removed them one by one.
[01:55:51.420 --> 01:55:54.880]  Now you said, okay, you had no lawful basis.
[01:55:54.880 --> 01:55:57.920]  Why did you take it, but without the why?
[01:55:57.920 --> 01:56:05.780]  Can you please explain by what authority you took private property when there was no lawful
[01:56:05.780 --> 01:56:07.780]  authority to do so?
[01:56:07.780 --> 01:56:08.780]  Right.
[01:56:08.780 --> 01:56:09.780]  Okay.
[01:56:09.780 --> 01:56:11.780]  Well, I appreciate your time.
[01:56:11.780 --> 01:56:12.780]  All right.
[01:56:12.780 --> 01:56:13.780]  Good luck, man.
[01:56:13.780 --> 01:56:18.780]  Thank you and I'm going to get this to you.
[01:56:18.780 --> 01:56:19.780]  Okay.
[01:56:19.780 --> 01:56:20.780]  I'll be looking for it.
[01:56:20.780 --> 01:56:21.780]  Thanks a lot.
[01:56:21.780 --> 01:56:22.780]  All right.
[01:56:22.780 --> 01:56:23.780]  Bye bye.
[01:56:23.780 --> 01:56:24.780]  Bye bye.
[01:56:24.780 --> 01:56:25.780]  All right.
[01:56:25.780 --> 01:56:26.780]  Real quick.
[01:56:26.780 --> 01:56:27.780]  Alan in California.
[01:56:27.780 --> 01:56:28.780]  Hello.
[01:56:28.780 --> 01:56:29.780]  Is that me?
[01:56:29.780 --> 01:56:30.780]  That's you.
[01:56:30.780 --> 01:56:31.780]  Well, okay.
[01:56:31.780 --> 01:56:32.780]  This is actually Ralph in New Hampshire, but-
[01:56:32.780 --> 01:56:33.780]  Well, okay.
[01:56:33.780 --> 01:56:34.780]  I recently got a ruling from a judge for a traffic ticket for no inspection.
[01:56:34.780 --> 01:56:35.780]  Uh-huh.
[01:56:35.780 --> 01:56:36.780]  And I went to trial, argued no commerce.
[01:56:36.780 --> 01:56:41.780]  And the judge said he'd notify me by mail of his choice, his ruling.
[01:56:41.780 --> 01:57:00.780]  And he states in his ruling that he knows I wasn't engaged in commerce.
[01:57:00.780 --> 01:57:15.260]  And then he cites a federal case at Atlanta Hotel versus U.S. as giving, as stating that
[01:57:15.260 --> 01:57:21.700]  anybody traveling on the interstate highway is engaged in commerce.
[01:57:21.700 --> 01:57:22.700]  Send me a-
[01:57:22.700 --> 01:57:23.700]  Do you have that case?
[01:57:23.700 --> 01:57:27.220]  Do you have the full site for it?
[01:57:27.220 --> 01:57:29.380]  I glanced over it a little bit today.
[01:57:29.380 --> 01:57:32.020]  I just got it the other day.
[01:57:32.020 --> 01:57:37.500]  But it's a civil rights case pertaining to a hotel owner who wouldn't rent to black people.
[01:57:37.500 --> 01:57:38.500]  Okay.
[01:57:38.500 --> 01:57:44.900]  The point here is I need you to send me that link or the site for the case so I can read
[01:57:44.900 --> 01:57:45.900]  it.
[01:57:45.900 --> 01:57:48.380]  I can understand it better if I read it.
[01:57:48.380 --> 01:57:49.380]  Okay?
[01:57:49.380 --> 01:57:50.380]  Okay.
[01:57:50.380 --> 01:57:54.380]  And I'm sorry, but I'm kind of out of time.
[01:57:54.380 --> 01:57:59.660]  But if you want to send me anything else in the email with that link, I'll see what I
[01:57:59.660 --> 01:58:01.180]  can respond to and how quick.
[01:58:01.180 --> 01:58:02.180]  Okay?
[01:58:02.180 --> 01:58:03.180]  I'll do my best.
[01:58:03.180 --> 01:58:04.180]  Okay.
[01:58:04.180 --> 01:58:05.180]  Great.
[01:58:05.180 --> 01:58:06.180]  All right.
[01:58:06.180 --> 01:58:07.180]  Thanks for coming in, man.
[01:58:07.180 --> 01:58:08.180]  All right, folks.
[01:58:08.180 --> 01:58:11.940]  This has been the Monday Night Rule of Law Radio Show with your host, Eddie Craig.
[01:58:11.940 --> 01:58:15.820]  I want to thank you all for listening in, for all of you that have called in.
[01:58:15.820 --> 01:58:20.220]  I'm glad I managed to get to everybody even if it wasn't complete.
[01:58:20.220 --> 01:58:21.500]  Thanks again for everything.
[01:58:21.500 --> 01:58:26.700]  Please keep us in your financial prayers and in your financial donations, folks, because
[01:58:26.700 --> 01:58:27.700]  we need it.
[01:58:27.700 --> 01:58:30.220]  Believe me, we need it.
[01:58:30.220 --> 01:58:34.300]  Surviving is hard for everyone, but it's really hard here without a regular steady paycheck,
[01:58:34.300 --> 01:58:35.740]  so please give us a hand.
[01:58:35.740 --> 01:58:36.740]  All right, folks.
[01:58:36.740 --> 01:58:38.780]  I hope you all have a great week.
[01:58:38.780 --> 01:58:50.660]  Good night and God bless.
[01:58:50.660 --> 01:59:20.420]  Bye-bye.
[01:59:20.820 --> 01:59:26.400]  This translation is highly accurate and it comes with over 14,000 cross-references, plus
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