[00:00.000 --> 00:05.840] The following use flash is brought to you by the Lone Star Lowdown, providing the daily [00:05.840 --> 00:13.520] bulletins for the commodities market, today in history, news updates, and the inside scoop [00:13.520 --> 00:21.200] into the tides of the alternative. [00:21.200 --> 00:28.520] Markets for Monday, the 5th of December, 2016, opened with gold at $1,177.28 an ounce, silver [00:28.520 --> 00:35.720] at $16.74 an ounce, Texas crude at $51.68 a barrel, and Bitcoin is currently sitting [00:35.720 --> 00:44.640] in about $756 U.S. currency. [00:44.640 --> 00:51.200] Today in history, the year 1952, a cold fog descends upon London, combining with air pollution [00:51.200 --> 00:56.000] resulting in the deaths of nearly 12,000 people in the weeks and months that followed. [00:56.000 --> 01:04.640] The great smog, or the big smoke, descended upon London today in history. [01:04.640 --> 01:09.160] In recent news, it appears that the Standing Rock Sioux Tribe has won a major victory in [01:09.160 --> 01:14.520] their battle to block the $3.7 billion Dakota Access pipeline routing a half a mile near [01:14.520 --> 01:15.520] its reservation. [01:15.520 --> 01:19.360] As of Sunday, the Army Corps of Engineers of the Department of the Army announced that [01:19.360 --> 01:23.500] it would look for alternative routes and not allow the pipeline to be drilled under a section [01:23.500 --> 01:28.040] of the Missouri River, which many in the tribe were concerned, since it lies upstream of [01:28.040 --> 01:30.320] the reservation's water access points. [01:30.320 --> 01:39.880] It is uncertain whether President-elect Donald Trump's administration will uphold this decision. [01:39.880 --> 01:44.960] A 28-year-old man from Salisbury, North Carolina, Edgar Madison Welch, was detained and arrested [01:44.960 --> 01:50.440] by D.C. police after he fired an assault rifle inside the D.C. Comet Ping Pong Pizzeria on [01:50.440 --> 01:52.240] Sunday, injuring no one. [01:52.240 --> 01:56.080] Without incident, the police were able to recover the assault rifle used, and Welch [01:56.080 --> 01:59.080] was charged with assault with a dangerous weapon. [01:59.080 --> 02:03.320] Two other firearms were located inside the restaurant, and an additional weapon was retrieved [02:03.320 --> 02:05.120] from the suspect's vehicle. [02:05.120 --> 02:08.820] During a post-arrest interview, the suspect revealed that he had gone to the restaurant [02:08.820 --> 02:11.800] in order to self-investigate Pizzagate. [02:11.800 --> 02:15.520] Pizzagate is a conspiracy theory that arose this year from the dump of John Podesta's [02:15.520 --> 02:20.200] hacked emails via WikiLeaks, which many are claiming some contain code words for child [02:20.200 --> 02:26.440] trafficking and ritual sexual abuse, involving Podesta, the Clintons, other Washington insiders, [02:26.440 --> 02:31.000] Comet Ping Pong Pizzeria, and other businesses in the same vicinity. [02:31.000 --> 02:35.000] Mainstream media is pointing the finger to fake news sites and unverified conspiracy [02:35.000 --> 02:37.720] theories as the motivators behind this incident. [02:37.720 --> 02:42.640] However, this isn't the first time accusations of pedophile rings plague D.C. [02:42.640 --> 02:45.680] The Lone Star Lowdown is currently looking for sponsors. [02:45.680 --> 02:49.640] If you have a product or service you'd like to advertise with us, feel free to give me [02:49.640 --> 02:52.300] a call at 210-363-2257. [02:52.300 --> 02:57.600] This is Rick Brody with your lowdown for December 5, 2016. [02:57.600 --> 02:58.600] What? [02:58.600 --> 03:01.680] This is what happens when you call the cops. [03:01.680 --> 03:02.680] Say, what? [03:02.680 --> 03:05.180] This is what happens when you call the cops. [03:05.180 --> 03:06.180] Come on. [03:06.180 --> 03:07.960] This is what happens when you call the cops, you get your rights violated or you all get [03:07.960 --> 03:08.960] shot. [03:08.960 --> 03:09.960] This is what happens when you call the cops. [03:09.960 --> 03:10.960] What? [03:10.960 --> 03:13.960] This is what happens when you call the cops. [03:13.960 --> 03:14.960] What? [03:14.960 --> 03:17.960] This is what happens when you call them the cops [03:17.960 --> 03:19.960] This is what happens when you call them the cops [03:19.960 --> 03:22.960] You get your rights violated or you all get shot [03:22.960 --> 03:24.960] I'm sick of people being victimized by criminal cops [03:24.960 --> 03:27.960] Psychopathic predators terrorize the neighborhood block [03:27.960 --> 03:29.960] Equipped with pepper spray, mate, cups, tazes and glasses [03:29.960 --> 03:32.960] They like serial killers acting out subliminal thoughts [03:32.960 --> 03:35.960] Forget what you talk, these cops have got a license to kill [03:35.960 --> 03:37.960] Witness intimidation means that they can use it at will [03:37.960 --> 03:40.960] Code of silence means that the pigs will never let out a squeal [03:40.960 --> 03:42.960] And if they go to court, they know the judge will make them a deal [03:42.960 --> 03:44.960] For real, that's why they stoppin' me [03:44.960 --> 03:45.960] Lockin' me up and stoppin' me [03:45.960 --> 03:48.960] Complicatin' my property, darkening my demography [03:48.960 --> 03:51.960] Makin' the poor commodities, procidin' off of polity [03:51.960 --> 03:53.960] Enforcin' policy, supportin' prison and crime [03:53.960 --> 03:55.960] Yeah, no one makes money when the violence stops [03:55.960 --> 03:58.960] And brutality's the way to make a criminal crime [03:58.960 --> 04:00.960] Blood in the gutter's the way to make a criminal crime [04:00.960 --> 04:02.960] Alright folks, good evening, this is the Rule of Law Radio Show [04:02.960 --> 04:03.960] With your host, Eddie Craig [04:03.960 --> 04:09.960] It is Monday night, December 5, 2016 [04:09.960 --> 04:13.960] Alright, now what I want to do tonight [04:13.960 --> 04:21.960] Is I want to attempt once more to prove exactly how big the fraud is [04:21.960 --> 04:24.960] In relation to these transportation code tickets [04:24.960 --> 04:28.960] And the people issuing them, and those adjudicating them [04:28.960 --> 04:35.960] And those pretending to have some legitimate power to do what they're doing [04:35.960 --> 04:37.960] Now this is going to take a little bit of time [04:37.960 --> 04:40.960] It is something I discussed in class yesterday [04:40.960 --> 04:43.960] Which that video will most certainly get posted [04:43.960 --> 04:46.960] I promise you that one is going to get posted [04:46.960 --> 04:51.960] The reason for it is because of how important this information is [04:51.960 --> 04:59.960] Now, let's talk for a second about how the process works as it exists right now [04:59.960 --> 05:03.960] Now I'm not saying how the law says it's supposed to work [05:03.960 --> 05:07.960] I'm talking about how they actually do it [05:07.960 --> 05:11.960] Right now you have anybody wearing a badge and a uniform [05:11.960 --> 05:15.960] That pretends to work for some law enforcement agency [05:15.960 --> 05:20.960] Rather than simply some corporate entity [05:20.960 --> 05:26.960] That they have the automatic authority to enforce the transportation code [05:26.960 --> 05:31.960] In its entirety against the general public, okay? [05:31.960 --> 05:34.960] They write everybody's citations [05:34.960 --> 05:42.960] None of which are ever sufficient on their face [05:42.960 --> 05:46.960] Nor are the criminal complaints used to prosecute the citations [05:46.960 --> 05:48.960] Once they've been turned in [05:48.960 --> 05:55.960] Because they all lack the required mandatory linchpin element [05:55.960 --> 05:59.960] Of asserting that the offender, the alleged offender [05:59.960 --> 06:04.960] Was engaging in transportation at the time of the alleged offense [06:04.960 --> 06:10.960] Now, common sense tells you that when the legislature is limited by the Constitution [06:10.960 --> 06:17.960] To legislation dealing with one specific subject [06:17.960 --> 06:24.960] That anything they enact beneath the umbrella of that subject [06:24.960 --> 06:29.960] Must be related to that subject [06:29.960 --> 06:36.960] It can't be a different subject or an independent subject in and of itself [06:36.960 --> 06:43.960] It must be completely relative and reliant upon the single subject [06:43.960 --> 06:46.960] Of the original legislation in which it is found [06:46.960 --> 06:54.960] If it is not, it is a direct violation of Article 3, Section 35 of the Texas Constitution [06:54.960 --> 07:02.960] On the constitutional prohibition of legislation being only on one subject [07:02.960 --> 07:10.960] Now, those of you that have been listening for a little while know that I have a certified copy of SB 971 [07:10.960 --> 07:16.960] Which was the bill in 1995 by the 74th legislature [07:16.960 --> 07:22.960] That created the Reconified Transportation Code in its current form [07:22.960 --> 07:26.960] Now, the caption of that bill or the title, whichever way you want to call it [07:26.960 --> 07:28.960] And they've called it both ways [07:28.960 --> 07:35.960] But the title of the bill is required to state the subject that the bill pertains to [07:35.960 --> 07:45.960] And whatever that bill says the subject is, everything in that enactment must relate to that subject [07:45.960 --> 07:50.960] Now, the title not only tells us what the subject is [07:50.960 --> 07:54.960] But it tells us the specific purpose of the recodification [07:54.960 --> 08:02.960] It is a recodification of the existing statutes relating to the subject of transportation [08:02.960 --> 08:09.960] And it is recodified in this form without substantive changes [08:09.960 --> 08:15.960] Now, you can pronounce it substantive or substantive or whatever you want to say the pronunciation is [08:15.960 --> 08:18.960] But it means the same thing in relation to this [08:18.960 --> 08:26.960] They can't change the fundamental meaning and intent of the legislation itself in the recodification [08:26.960 --> 08:32.960] They can't alter anything about the underlying law [08:32.960 --> 08:36.960] The problem is that's exactly what they did [08:36.960 --> 08:44.960] Not only did they rewrite the underlying law, they rewrote the recodification of the statutes [08:44.960 --> 08:48.960] In a way that the original statutes did not encompass [08:48.960 --> 08:58.960] And in a way which the underneath legislation, the original acts also do not encompass [08:58.960 --> 09:02.960] Now, we've discussed that before on the show too [09:02.960 --> 09:08.960] That the reenactment or the recodification of the existing transportation code [09:08.960 --> 09:11.960] Is a complete violation of the Texas Constitution [09:11.960 --> 09:19.960] Not in part, not in section, not in chapter, but in its entirety in how it was done [09:19.960 --> 09:23.960] The whole code is unconstitutional [09:23.960 --> 09:27.960] But it goes beyond that [09:27.960 --> 09:36.960] The substantive changes issue, there are numerous substantive changes even in the original recodification in 1995 [09:36.960 --> 09:39.960] We know that, we've talked about that [09:39.960 --> 09:45.960] I've shown you in black and white where that is true [09:45.960 --> 09:48.960] Not only is the substantive changes issue there [09:48.960 --> 09:57.960] But the emergency enactment without reading it on the floor of each house over three several days violation occurred [09:57.960 --> 10:09.960] And they used a fraudulent emergency clause as the basis for that unconstitutional suspension of the reading rule [10:09.960 --> 10:14.960] Now let's get into an area that goes beyond even that [10:14.960 --> 10:28.960] And it goes right back to the heart of the Texas Administrative Code and the Texas Administrative Agencies that have authority under the transportation code [10:28.960 --> 10:34.960] Now as I've told you numerous times, each chapter of the transportation code has its specific subject matter [10:34.960 --> 10:48.960] And in that specific chapter, on that specific subject, it tells you specifically what state administrative agency is granted authority in relation to that chapter [10:48.960 --> 11:01.960] In the transportation code, for the most part, there are two administrative departments that are the majority shareholders of the sections and chapters of the transportation code [11:01.960 --> 11:08.960] And that is the Department of Transportation and the Department of Public Safety [11:08.960 --> 11:15.960] Now the Department of Public Safety, DPS for short, is the state troopers as we all know [11:15.960 --> 11:20.960] The state troopers are a state administrative agency [11:20.960 --> 11:26.960] They are not a law enforcement agency, they are a state administrative agency [11:26.960 --> 11:32.960] How do we know this? Because the Texas Administrative Code tells us it's true [11:32.960 --> 11:40.960] It says right there in the administrative code that the Department of Public Safety is not a law enforcement agency [11:40.960 --> 11:56.960] It says it in exactly those words, which belies the point of the legislature or somebody getting the legislature to enact a statute under 2.12 of the Code of Criminal Procedure [11:56.960 --> 12:05.960] That lists Department of Public Safety as a peace officer if the equivocation of peace officer is law enforcement [12:05.960 --> 12:20.960] Okay? Now you understand that? If by peace officer you actually mean law enforcement, then we have an issue with the definition of peace officer in the Code of Criminal Procedure [12:20.960 --> 12:30.960] As it conflicts with the actual regulations governing the agency in question, the Department of Public Safety [12:30.960 --> 12:42.960] Because the regulations enacted by the legislature that are the oversight for that particular agency says they are not law enforcement [12:42.960 --> 13:01.960] Okay? Now on top of that, we have the issue of all of these locals, the sheriffs, constables, and municipal police officers writing citations as if they have legitimate authority to do so within the Transportation Code [13:01.960 --> 13:13.960] When in fact every single chapter dealing with every single regulated activity dealing with enforcement and public safety under the Department of Public Safety [13:13.960 --> 13:22.960] The only entity named as having authority in that chapter is the Department of Public Safety [13:22.960 --> 13:35.960] Now this is true for driver's licenses, both chapter 521 and 522. This is true for registration even though DPS, I'm sorry, registration is the Department of Transportation [13:35.960 --> 13:43.960] Okay? Inspection is Department of Public Safety. And then you have the chapter 601 under financial responsibility [13:43.960 --> 13:56.960] And it's not all the chapters, of course, but it's a lot of them. And then you have subtitle C, which is chapters 541 through 600, which is where all of the moving violations occur [13:56.960 --> 14:08.960] And in there, every definition in every chapter that deals with enforcement defines the Department of Public Safety as being the department authorized to do whatever that specific chapter deals with [14:08.960 --> 14:20.960] You get that? Not to mention, subtitles C, chapters 541 through 600, are the only chapters in which warrantless arrest powers are authorized [14:20.960 --> 14:37.960] Now notice that chapters 521 and 522 and 501 and 502 and 601, which are registration, certificate of title, driver's licenses, commercial driver's licenses and proof and financial responsibility [14:37.960 --> 14:53.960] Are not within subtitle C's inclusive chapters, which is 541 through 600 versus 501, 502, 621, 620, or I'm sorry, 521, 522 and 601 [14:53.960 --> 15:07.960] So as you can see, when they pull you over for not having any of those things and place you in that warrantless arrest that they do under 541, their actions are completely unlawful [15:07.960 --> 15:16.960] Because they have no warrantless arrest powers except for the moving violations inclusive of subtitle C [15:16.960 --> 15:32.960] But then the issue becomes who has that arrest authority? Well, the definition as it's defined there in 541.001 says, any peace officer may arrest without warrant any person found committing a violation of this subtitle [15:32.960 --> 15:56.960] Now there the term, the phrase, any peace officer is a tad bit misleading and the reason it's misleading is this, everywhere within every code that the legislature has actually meant any peace officer to be all inclusive of every defined peace officer is found in 2.12 of the Code of Criminal Procedure [15:56.960 --> 16:13.960] That is exactly how the legislature has defined it, okay? When it says any peace officer as defined by Article 2.12 Code of Criminal Procedure, comma, can do the following, okay? [16:13.960 --> 16:19.960] In every place where they have meant for that to be all encompassing, that's exactly how they've stated it [16:19.960 --> 16:26.960] It's not stated that way in the transportation code, it is stated as any peace officer [16:26.960 --> 16:38.960] Now the Department of Public Safety is listed in 2.12 as peace officers, okay? Not law enforcement, but peace officers [16:38.960 --> 16:54.960] So, we'll pick that up on the other side when we get back and continue on and I'm going to get into the administrative code and show you exactly how open-ended this fraud is and how little they care about it or hope that you know about it [16:54.960 --> 17:09.960] We'll be right back after the break, y'all hang in there [17:24.960 --> 17:46.960] Bye bye yucky cookies [17:46.960 --> 17:56.960] No cookies for me! Consider it an early Christmas present and every time I order on Amazon, I go through this link and I give a little present to this radio network too [17:56.960 --> 17:59.960] C is for cookie! C is for classified! [17:59.960 --> 18:20.960] Are you being harassed by debt collectors with phone calls, letters or even losses? Stop debt collectors now with the Michael Mears proven method. Michael Mears has won six cases in federal court against debt collectors and now you can win two. You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes [18:20.960 --> 18:33.960] What to do when contacted by phones, mail or court summons? How to answer letters and phone calls? How to get debt collectors out of your credit reports? How to turn the financial tables on them and make them pay you to go away? [18:33.960 --> 18:48.960] The Michael Mears proven method is the solution for how to stop debt collectors. Personal consultation is available as well. For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com [18:48.960 --> 18:59.960] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt collectors now [18:59.960 --> 19:10.960] You are listening to the Logos Radio Network, logosradionetwork.com [19:10.960 --> 19:19.960] Yellow, strong, blue, sirens in my head, rise up from the sirens, all shook at the dead [19:19.960 --> 19:27.960] Cannot be told, my whole life spins into a frenzy [19:27.960 --> 19:40.960] Am I stepping into the twilight zone? They hit me in the mouth, feel my feet go, my feet have been moved on the moon and star [19:40.960 --> 19:57.960] Now that I've gone too far, you've gone too far, you've gone too far, you've gone too far [20:10.960 --> 20:17.960] All right, now let's get on with how we're doing this in the Transportation Code and the Texas Administrative Code. [20:17.960 --> 20:27.960] Now even though the Department of Public Safety is defined as peace officer, like I said, they are specifically stated as not being law enforcement officers within the Administrative Code. [20:27.960 --> 20:36.960] Now Title 37 is Public Safety and Corrections in the Administrative Code. Part 1 is Texas Department of Public Safety. [20:36.960 --> 20:45.960] This is what tells us they are a state administrative agency, their inclusion in the Administrative Code, okay? [20:45.960 --> 20:50.960] If you go to Chapter 29, then you're going to be able to read what we're going to read here. [20:50.960 --> 20:55.960] If you can get to the website, I couldn't get to the website on any computer earlier, like it was down or something. [20:55.960 --> 21:01.960] So good luck. If you can get it, great. That way at least you can follow along. [21:01.960 --> 21:13.960] But what I want to do here is I am going to read you some of the rules out of Chapter 29 dealing with any form of transportation citation case. [21:13.960 --> 21:23.960] Now don't you find it odd that the Texas Administrative Code specifically discusses how to deal with any traffic citation? [21:23.960 --> 21:35.960] And yet none of this information is being made known to you. They're using only the Transportation Code itself as if that is the authority when in fact it is not. [21:35.960 --> 21:39.960] Now let me understand something about the hierarchy of the codes here. [21:39.960 --> 21:48.960] The Texas Administrative Code is written and enacted by the legislature. That one is legislative, truly legislative, okay? [21:48.960 --> 22:00.960] They put this in place dictating how the specific state administrative agencies are to perform their duties and what those duties are. [22:00.960 --> 22:11.960] So this is the code that governs how they operate and what the limits of their authority to operate actually are, okay? [22:11.960 --> 22:20.960] This basically is what we would refer to in simpler terms as state corporate policy for its agencies, all right? [22:20.960 --> 22:34.960] It governs that agency. Now every agency is under the mandate of the Texas Constitution and the legislature that that agency is empowered to write rules and regulations. [22:34.960 --> 22:43.960] Now that's a violation in my opinion of the delegation of powers to write law because those rules and regulations get treated as law. [22:43.960 --> 22:51.960] Why? Because the legislature votes to enact them even though they are not written by the legislature, [22:51.960 --> 23:00.960] they are not submitted by the legislature, and they don't comply with the actual laws passed by the legislature, [23:00.960 --> 23:05.960] which the Transportation Code is ample proof of that being true. [23:05.960 --> 23:12.960] The Transportation Code is a statutory rewrite of the legislative enactment. [23:12.960 --> 23:15.960] In other words, it's just like at the federal level. [23:15.960 --> 23:29.960] You have the congressional acts and then you have the agency rules and regulations that implement those congressional acts into actual rules and regulations that everybody's supposed to follow. [23:29.960 --> 23:32.960] The agencies are supposed to follow. [23:32.960 --> 23:38.960] But they're using them as if it's something binding on the people when in fact it's not. [23:38.960 --> 23:45.960] It's limited to the very specific subject matter group the legislation was written for. [23:45.960 --> 23:47.960] Remember that single subject thing we talked about at the beginning? [23:47.960 --> 23:49.960] That's exactly what it means. [23:49.960 --> 23:58.960] Only those that are involved in the activities relating to that singular subject are subject to the rules and regulations [23:58.960 --> 24:02.960] that agency creates in relation to that law. [24:02.960 --> 24:05.960] And that's what the Transportation Code is. [24:05.960 --> 24:13.960] And by that definition it is submissive to the Texas Administrative Code [24:13.960 --> 24:23.960] because the Texas Administrative Code governs the agency and the agency is responsible for the production of those rules and regulations. [24:23.960 --> 24:25.960] So it's a hierarchy there. [24:25.960 --> 24:34.960] The agency cannot write rules and regulations that supersede the rules and regulations enacted to govern the agency. [24:34.960 --> 24:35.960] You follow? [24:35.960 --> 24:37.960] Should be simple enough, right? [24:37.960 --> 24:48.960] Unless you're a lawyer, or an attorney rather, and then you're going to make it more complicated than it needs to be to try to justify why you're lying through your teeth about what it actually does. [24:48.960 --> 24:57.960] The point here is if what's in the Texas Administrative Code is superior law to what is in the Texas Transportation Code. [24:57.960 --> 25:00.960] And here's why. [25:00.960 --> 25:07.960] This tells us specifically in the Administrative Code under Chapter 29 how these cases are to be handled. [25:07.960 --> 25:17.960] It also tells us what the nature of these cases actually is versus what the Transportation Code has tried to define them as, [25:17.960 --> 25:21.960] which I will touch on in a little detail a little later on. [25:21.960 --> 25:28.960] Right now let's get into reading what is in these regulations here in the Texas Administrative Code. [25:28.960 --> 25:37.960] Now we're going to begin in 29.2, Rule 29.2 of the Texas Administrative Code. [25:37.960 --> 25:48.960] The complete path to getting here is Texas Administrative Code, Title 37, Part 1, Chapter 29, Rule 29.2. [25:48.960 --> 25:51.960] This is what it reads. [25:51.960 --> 26:07.960] These rules shall govern the procedure for the institution, conduct, and determination of all contested cases arising under the Department's jurisdiction. [26:07.960 --> 26:12.960] Now I'm going to stop there for a second. It's not the whole paragraph, but let me stop and interject here. [26:12.960 --> 26:18.960] Department's jurisdiction. Remember, Part 1 is Texas Department of Public Safety. [26:18.960 --> 26:23.960] That is specifically the department that is defined here. [26:23.960 --> 26:33.960] Department's jurisdiction, which means if the Department of Public Safety is defined as the agency with jurisdiction over that particular object, [26:33.960 --> 26:37.960] then it belongs here under this rule. [26:37.960 --> 26:50.960] Okay? Now remember, the Transportation Code in every chapter on enforcement and public safety specifically defines the jurisdiction for that chapter belongs to the Texas Department of Public Safety. [26:50.960 --> 26:52.960] Got it? [26:52.960 --> 26:54.960] All right, continuing on. [26:54.960 --> 27:06.960] With the exception of cases arising under Texas Transportation Code Chapters 521, 522, 524, and 724. [27:06.960 --> 27:13.960] Now 521 and 522 are driver's license and commercial driver's license respectively. [27:13.960 --> 27:24.960] 524 and 724 for our purposes doesn't matter because they are not chapters dealing with any of the citations that are issued on a common basis, [27:24.960 --> 27:28.960] or even a rare basis for that matter for the subject that's in there. [27:28.960 --> 27:33.960] Okay? Feel free to go and look, but you'll find out I'm right. [27:33.960 --> 27:44.960] So this is telling us that unless the allegation against you has something specifically to do with a driver's license or a commercial driver's license, these rules govern. [27:44.960 --> 27:46.960] Okay? [27:46.960 --> 28:04.960] These rules, however, do apply to contested cases brought under the Ignition Interlock Program under Texas Transportation Code Chapters or Sections 521.247, 24.75, and 24.76. [28:04.960 --> 28:17.960] Okay? So under Chapter 521, there are three exceptions to the four exceptions of the overall rule. [28:17.960 --> 28:22.960] Okay? And they all deal with the Ignition Interlock Program. [28:22.960 --> 28:26.960] So that brings us up with two questions here. [28:26.960 --> 28:36.960] If these rules govern the procedures for the institution conduct and determination of all contested cases under the Department's jurisdiction, except for these four exceptions, [28:36.960 --> 28:47.960] then surely what we're about to read tells us that the Justice and Municipal Courts are the courts being given jurisdiction of these cases, [28:47.960 --> 28:56.960] and that the procedures we're about to read will instruct those courts on how to handle these cases. Right? [28:56.960 --> 29:04.960] I mean, after all, where do these cops send you? They send you to a justice or municipal court every single time, right? [29:04.960 --> 29:18.960] And since these rules are the ones that say that they apply in this matter, then the rest of these rules we're about to read should dictate that we follow them in relation to [29:18.960 --> 29:24.960] Justice and Municipal Courts who claim to be the courts of original jurisdiction in these cases. Right? [29:24.960 --> 29:27.960] That would just make sense. [29:27.960 --> 29:31.960] Well, let's see if we're right. [29:31.960 --> 29:36.960] All right. I'm about to hit a break here, so we'll see if I'm right on the other side of this break. [29:36.960 --> 29:42.960] In the meantime, folks, the phones are off, so if you're trying to call in, that's why you can't. [29:42.960 --> 29:48.960] I will turn them on after I get this presentation done and you get mad about it. [29:48.960 --> 29:52.960] And then we'll see what you've got to say or if you're just going to call in about your usual stuff. [29:52.960 --> 29:59.960] But either way, just once, give me somebody to discuss these. All right? Come on. We'll be right back after the break. [29:59.960 --> 30:04.960] Is modern life making kids grow up too fast? [30:04.960 --> 30:11.960] One British group thinks so, and it's calling for big lifestyle changes to reverse what it calls the erosion of childhood. [30:11.960 --> 30:14.960] I'm Dr. Catherine Albrecht, and I'll be right back with details. [30:14.960 --> 30:20.960] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [30:20.960 --> 30:25.960] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:25.960 --> 30:30.960] So protect your rights. Say no to surveillance and keep your information to yourself. [30:30.960 --> 30:33.960] Privacy, it's worth hanging on to. [30:33.960 --> 30:40.960] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [30:40.960 --> 30:43.960] Start over with Startpage. [30:43.960 --> 30:48.960] Computer games, preschool academic testing, TV ads aimed at toddlers. [30:48.960 --> 30:53.960] Childhood isn't what it used to be, and it could be affecting the mental health of our kids. [30:53.960 --> 31:03.960] In Britain, an epidemic of childhood depression has a prestigious group of scientists, authors, and charity leaders calling for a restoration of proper values to childhood. [31:03.960 --> 31:09.960] They want more outdoor play, a ban on advertising to kids under seven, play-based school curriculum, [31:09.960 --> 31:15.960] and a campaign warning parents how a computer- and TV-based lifestyle threatens a wholesome childhood. [31:15.960 --> 31:20.960] Does that mean less Lady Gaga and more Christopher Robin? Bravo, chaps. [31:20.960 --> 31:25.960] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:50.960 --> 32:00.960] Does the job of 10 products. That saves you space, time, and money. Call 888-910-4367 only at mqsa.org. [32:00.960 --> 32:04.960] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:04.960 --> 32:12.960] In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights. [32:12.960 --> 32:19.960] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law. [32:19.960 --> 32:25.960] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [32:25.960 --> 32:34.960] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law. [32:34.960 --> 32:40.960] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [32:40.960 --> 32:47.960] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar, [32:47.960 --> 32:50.960] hundreds of research documents and other useful resource materials. [32:50.960 --> 32:54.960] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.960 --> 33:02.960] Order your copy today, and together we can have the free society we all want and deserve. [33:02.960 --> 33:13.960] Live, free speech radio, logosradionetwork.com. [33:13.960 --> 33:20.960] This is what happens when you call the cops. [33:20.960 --> 33:24.960] You get your rights violated or you all get shot. [33:24.960 --> 33:34.960] This is what happens when you call the cops. [33:34.960 --> 33:38.960] All right, we are back. This is Rule of Law Radio. [33:38.960 --> 33:44.640] All right continuing on to see with whether or not the prior break discussion of surely the [33:44.640 --> 33:49.200] justice and municipal courts are mentioned here in the administrative code as being the court [33:49.200 --> 33:56.400] having jurisdiction over these cases under these rules which we read under 29.2 as these rules are [33:56.400 --> 34:03.680] the ones that are applicable to all cases especially or let's see yeah all contested cases [34:03.680 --> 34:10.080] under the jurisdiction of the Department of Public Safety. So let's see exactly what that tells us. [34:10.080 --> 34:19.440] If we go now to 29.3 of the Texas administrative code, subsection A reads a contested case shall [34:19.440 --> 34:25.840] be instituted by the department again Department of Public Safety after a person has requested [34:25.840 --> 34:33.600] a hearing or declined a penalty. Now like I said in class yesterday when is your first available [34:33.600 --> 34:39.760] opportunity to decline the penalty they're attempting to assess against you with that [34:39.760 --> 34:45.680] citation? It's at the traffic stop of course when you say something like I'm not going to pay that [34:45.680 --> 34:51.200] I challenge this citation I think you're a liar and don't know what you're doing and I'm not [34:51.200 --> 35:00.320] going to pay that no I can test the ticket. Anything like that at the stop would be contesting [35:00.320 --> 35:09.200] the penalty okay or at least the perception of you could be levied some penalty. Now the issue came [35:09.200 --> 35:14.400] up in class well don't they mean after you've been convicted? No they can't possibly mean [35:14.400 --> 35:20.720] after conviction because how can you contest after the conviction when we're about to find out that [35:20.720 --> 35:30.960] there's no way to contest this and I'll show you why okay. B upon receipt of a setting for a hearing [35:30.960 --> 35:37.840] in a contested case the department shall serve a notice of hearing upon the respondent. Again the [35:37.840 --> 35:44.560] Department of Public Safety has to serve a notice of hearing. Now they have to they have to get [35:44.560 --> 35:51.360] receipt of a setting from the court that this is going to be set up in to be heard and then they [35:51.360 --> 35:56.320] have to note the Department of Public Safety has to notify the respondent that the setting has been [35:56.320 --> 36:04.240] made and where it's going to be because in C1 it says a statement or I'm sorry in C a notice of [36:04.240 --> 36:11.600] hearing shall include the following one a statement of the nature of the hearing okay. Now if it's in [36:11.600 --> 36:18.240] the justice or municipal court the nature has to be criminal right because that's the jurisdiction [36:18.240 --> 36:25.840] they have in these cases is criminal. Two a statement of the date time and place of the [36:25.840 --> 36:33.680] hearing. Three a statement of the legal authority and jurisdiction under which a hearing is to be [36:33.680 --> 36:43.600] held. Four a reference to the particular sections of the statutes and rules involved something they [36:43.600 --> 36:49.040] don't do in a current criminal complaint very rarely do they actually tell you what statute [36:49.040 --> 36:54.960] they're charging you with. It's not on the citation and it's not on the complaint and there's never a [36:54.960 --> 37:02.240] proper charging instrument to go with the complaint to tell you either. They do it sometimes but not [37:02.240 --> 37:10.880] always. Five a short plain statement of the matters asserted including the recommended penalty or [37:10.880 --> 37:17.200] action. Six the following language and capital letters in at least 10-point boldface type. [37:17.760 --> 37:22.160] Your failure to appear at the hearing will result in the allegations against you set out in this [37:22.160 --> 37:26.800] notice being admitted as true and the release sought in this notice of hearing may be granted [37:26.800 --> 37:36.640] by default. Now right there that tells you what the nature is. For them to be able to get a default [37:36.640 --> 37:42.720] judgment because of your failure to appear or respond we are talking about a civil setting here [37:43.680 --> 37:49.440] because they can't do that in a criminal case. In a criminal case they can't convict you in [37:49.440 --> 38:00.720] absentia unless you were present at the time trial began. Not a hearing but trial okay. [38:02.640 --> 38:08.960] Seven the language provided under 29.11c of this title relating to entry of appearance [38:08.960 --> 38:18.400] and continuance. Subsection D after a hearing has been set any party may move for appropriate relief [38:18.400 --> 38:25.840] including but not limited to pre-hearing conferences discovery evidentiary rulings [38:25.840 --> 38:33.680] continuances and settings. Subsection E a notice of hearing shall be served in accordance with [38:33.680 --> 38:39.360] the procedure set out in 29.5 relating to service of notice of hearing for contested cases [38:39.360 --> 38:46.880] motor carrier or section 29.6 relating to service of notice of hearing for contested cases other [38:46.880 --> 38:53.920] of this title. An amended notice of hearing may be served in accordance with 29.9 of this title [38:53.920 --> 39:00.720] relating to service of pleadings and motions. All right then we go to 29.4. [39:02.160 --> 39:07.760] Agreements to be in writing no stipulation of agreement between the parties their attorneys [39:07.760 --> 39:12.160] or representatives with regard to any matter involving involved in any proceeding under this [39:12.160 --> 39:17.840] title shall be enforced unless it shall have been reduced to writing and signed by the parties or [39:17.840 --> 39:23.200] their authorized representatives or unless it shall have been dictated into the record by them during [39:23.200 --> 39:28.800] the course of a hearing or incorporated in an order bearing their written approval. This section [39:28.800 --> 39:34.240] does not limit a party's ability to waive modify or stipulate any right or privilege afforded by [39:34.240 --> 39:46.000] these rules unless precluded by law. 29.6 service of notice of hearing for contested cases other. [39:46.960 --> 39:53.040] Remember the other was for motor carrier this is for contested cases other something other than [39:53.040 --> 39:59.920] motor carrier. A notice of hearing shall be served on a respondent by certified mail return receipt [39:59.920 --> 40:06.800] requested or by personal delivery an address to at least one of the following. One if respondent [40:06.800 --> 40:11.920] is an individual the last known address of the respondent. Two if respondent is a corporation [40:11.920 --> 40:16.400] the legal agent for service of process at the address register with the Texas secretary of state [40:16.400 --> 40:21.840] or three the last known address the respondent as reflected in the records or investigation [40:21.840 --> 40:33.200] of the department. 29.7 notice of hearing. A service a notice of hearing shall be served by [40:33.200 --> 40:41.040] the department after SOAH has issued a setting. Service of the notice of hearing by mail shall [40:41.040 --> 40:46.560] be complete upon deposit of the notice enclosed in a post paid and properly addressed envelope [40:46.560 --> 40:51.360] in a post office or official depository under the care and custody of the United States Postal [40:51.360 --> 40:58.000] Service. Service by personal delivery shall be complete at the time of delivery. B, certification. [40:58.800 --> 41:03.280] A certification filed by an authorized representative of the department certifying [41:03.280 --> 41:08.880] that the notice of hearing was served in accordance with this section shall be filed with the SOAH and [41:08.880 --> 41:15.040] constitute prima facie evidence of service in compliance with this rule. Now you'll notice we [41:15.040 --> 41:28.720] haven't had a mention of SOAH all right or have we? I mean let's see no not in 2.9 or 29.2 not in [41:28.720 --> 41:41.280] 29.3 not in 29.4 not in 29.6 and here we are at 29.7 so what is SOAH? Well I'll tell you [41:41.280 --> 41:48.480] it is the State Office of Administrative Hearings. That is who is required to set the hearing [41:49.840 --> 41:55.600] at the request of the Department of Public Safety. That is who is required to notify [41:55.600 --> 42:01.760] the Department of Public Safety of the time date and place of that hearing and thus invoke [42:01.760 --> 42:06.400] the requirement that the Department of Public Safety notify the individual contesting the [42:06.400 --> 42:13.360] penalty or the citation of when and where that is as well as all the other things that are required [42:13.360 --> 42:19.920] to be in that notice. State Office of Administrative Hearings. You will find this [42:19.920 --> 42:25.280] State Office of Administrative Hearings in Chapter 2001 of the Government Code. [42:26.080 --> 42:33.840] It is the court that hears administrative challenges to administrative regulations [42:33.840 --> 42:41.840] which the Transportation Code is. It is to Chapter 2001 of the Government Code is [42:42.800 --> 42:52.400] the Administrative Procedures Act okay. Now if the SOAH is where this setting is [42:53.840 --> 43:01.360] we now have evidence in our possession that justice and municipal courts are not the courts [43:01.360 --> 43:08.000] are not the courts where these cases are supposed to go. Now we'll also know that when we look at [43:08.000 --> 43:13.120] the Code of Criminal Procedure and we look at the section or article that tells us which courts have [43:13.120 --> 43:19.600] criminal jurisdiction in Texas we will find the State Office of Administrative Hearings is not [43:19.600 --> 43:28.640] listed as one of those courts with criminal authority. It's not listed as one. That means [43:28.640 --> 43:37.120] it does not have criminal jurisdiction. So how then are these alleged offenses under the Transportation [43:37.120 --> 43:43.040] Code supposed to be heard in this court if they're actually criminal like the justice and municipal [43:43.040 --> 43:50.560] courts are treating them? Well that would take us back to Rule 29.2 which says very clearly that [43:50.560 --> 43:58.960] those offenses belong in the SOAH. All right we'll be right back after this break. Y'all hang in there. [44:20.560 --> 44:25.760] You know what you should do for yourself. Thousands have won with our step-by-step course [44:25.760 --> 44:32.960] and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case-winning [44:32.960 --> 44:38.960] experience. Even if you're not in a lawsuit you can learn what everyone should understand about [44:38.960 --> 44:45.280] the principles and practices that control our American courts. You'll receive our audio classroom, [44:45.280 --> 44:52.800] video seminar, tutorials, forms for civil cases, pro se tactics, and much more. Please visit [44:52.800 --> 45:00.000] ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [45:03.600 --> 45:08.240] Hello my name is Stuart Smith from naturespureorganics.com and I would like to [45:08.240 --> 45:14.240] invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas. I'm Brave New [45:14.240 --> 45:18.320] Books and Chase Tank to see all our fantastic health and wellness products with your very own [45:18.320 --> 45:23.680] eyes. Have a look at our miracle healing clay that started our adventure in alternative medicine. [45:23.680 --> 45:27.840] Take a peek at some of our other wonderful products including our Australian emu oil, [45:27.840 --> 45:36.160] lotion candles, olive oil soaps, and colloidal silver and gold. Call 512-264-4043 or find us [45:36.160 --> 45:44.400] online at naturespureorganics.com. That's 512-264-4043 naturespureorganics.com. Don't [45:44.400 --> 46:06.960] forget to like us on Facebook for information on events and our products naturespureorganics.com. [46:14.400 --> 46:20.960] We're moving into the street and I think you read the news today. [46:22.480 --> 46:29.360] They say the danger's down our way but I can see the fire still lights. [46:31.200 --> 46:40.240] Burning into the night. There's too many men, too many people, thinking too many problems. [46:40.240 --> 46:48.400] And I'm about to have to go around. I see this is the land of confusion. [46:52.000 --> 46:57.520] This is the heart of fear. All right, folks, we are back. This is Rule of Law Radio with your [46:57.520 --> 47:02.240] host Eddie Craig and we are talking about the fraud of the Texas transportation code [47:03.040 --> 47:08.400] and the Texas courts. And we are using their own rules, regulations, and codes [47:08.400 --> 47:18.000] to not only prove the fraud but to prove that they don't have immunity for perpetrating this [47:18.000 --> 47:22.640] fraud. And we'll get to that in a minute, too. Now, remember, the question we left off with was, [47:22.640 --> 47:26.880] how do we know that the justice and municipal courts aren't the courts that have proper [47:26.880 --> 47:31.680] jurisdiction of these offenses? Well, here it just told us that the SOAH, the State Office of [47:31.680 --> 47:39.920] Administrative Hearings, is the location for the setting for hearing a contested case. And because [47:39.920 --> 47:50.240] the SOAH does not have criminal jurisdiction powers, it must be a civil matter in that court. [47:51.600 --> 47:58.320] So that leaves us with two very real questions. First off, how do we verify that, [47:58.320 --> 48:05.920] irrefutably, that this is the proper court? And two, how does something that begins and stays [48:06.480 --> 48:16.560] a civil administrative matter when it's contested at the Department of Public Safety level suddenly [48:16.560 --> 48:23.600] become a criminal matter if you fail to contest it at the Department of Public Safety level? [48:23.600 --> 48:28.320] You see how we have a problem here? We have something that the administrative code itself is [48:28.320 --> 48:39.600] clearly showing to be 100% civil, and yet it is going under the criminal venue in a court that does [48:39.600 --> 48:46.000] not actually have jurisdiction to hear it. And again, we can go right back to Rule 29.2 [48:46.000 --> 48:53.520] right back to Rule 29.2 at the very beginning, which tells us, these rules shall govern the [48:53.520 --> 49:00.400] procedures for the institution conduct and determination of all contested cases arising [49:00.400 --> 49:07.680] under the Department's jurisdiction. And again, Department is the Department of Public Safety. [49:07.680 --> 49:11.920] And again, all of the chapters of the Transportation Code for where they write these [49:11.920 --> 49:17.520] citations for offenses is under their jurisdiction, every last one of them. [49:19.440 --> 49:27.440] Now, as if that wasn't enough in what we have so far as to the setting being in the SOAH, [49:27.440 --> 49:36.720] and thus the hearing slash trial must be in the SOAH, let's look at one rule that makes it [49:36.720 --> 49:46.720] absolutely clear that this is an unmistakable fact. Rule 29.20, all contested hearing or case [49:46.720 --> 49:54.880] hearings shall be held in Austin, Texas, and shall be open to the public. Now, you get that? [49:56.160 --> 50:01.440] All contested cases shall be heard in Austin, Texas. Austin, Texas is where the State Office [50:01.440 --> 50:10.800] of Administrative Hearings is. It's the only place it is. That means that the Justice and [50:10.800 --> 50:17.520] Municipal Courts are not acting as agents of the SOAH, nor could they be if the issue is [50:17.520 --> 50:29.280] becoming criminal in their venue versus civil in its venue. Now, can you imagine how this would [50:29.280 --> 50:41.600] affect somebody in Houston, Beaumont, Texarkana, El Paso, Amarillo that gets a traffic citation [50:42.160 --> 50:49.120] and challenges it to have to come all the way to Austin to fight it? Yet right here, [50:49.120 --> 50:55.840] this is exactly what we're being told is the case. If you contest a transportation citation [50:55.840 --> 51:04.720] that is not inclusive of Chapters 521, 522, 524, and 724 with the exceptions of the Ignition [51:04.720 --> 51:16.480] Interlock device has to be held in the SOAH in Austin, Texas, how could a Justice or Municipal [51:16.480 --> 51:26.080] Court have jurisdiction? Because the only exceptions to any offenses alleged in the [51:26.080 --> 51:33.120] transportation code are spelled out in 29.2 as being those involving driver's licenses. [51:34.640 --> 51:41.840] All the other things that they normally write tickets for are not listed as an exception, [51:41.840 --> 51:46.880] which means when you challenge it, the SOAH is where it's supposed to go, [51:48.000 --> 51:54.720] which tells you right up front that challenging the jurisdiction of a Justice or Municipal Court [51:54.720 --> 52:03.120] has been the correct procedure all along. It tells you that every citation that they have convicted [52:03.120 --> 52:14.960] someone on was done without proper jurisdiction. That means the judge has no immunity. [52:16.000 --> 52:23.440] Now here's the kicker. In Texas, you cannot sue a prosecutor. You cannot sue a district attorney [52:23.440 --> 52:29.680] or a county attorney no matter how egregious and criminal their actions were if they alleged to [52:29.680 --> 52:33.920] have been acting under their official capacity as a prosecutor in the name of the state. [52:35.760 --> 52:41.840] But there's something here that is a little bit different, and that's when it comes to municipal [52:41.840 --> 52:49.360] courts. The only place where a city attorney or a hired gun attorney gets the authority to act as a [52:49.360 --> 52:54.560] prosecutor in the name of the state is by a statute, 45.201 of the Code of Criminal Procedure to be [52:54.560 --> 53:01.920] precise. The Texas Constitution specifically delegates the power to prosecute in the name of [53:01.920 --> 53:08.800] the state to the only two elected offices mentioned in that section or that particular chapter of the [53:08.800 --> 53:15.760] Constitution for that purpose, and that is county and district attorneys. They are the only entities [53:16.320 --> 53:20.080] with public accountability to the people because they are elected [53:20.080 --> 53:27.440] to the people because they are elected that are delegated the power to prosecute in the name of [53:27.440 --> 53:36.400] the state. Since city attorneys are not elected, they are in no way publicly accountable. [53:38.960 --> 53:45.760] It would be constitutionally, and nor are they agents or employees of a district or county [53:45.760 --> 53:52.240] attorney's office. They're either of their own private attorney firm contracted to the municipality [53:52.240 --> 53:57.840] or they're a bunch of corporate attorneys employed by the city to act on its behalf. [53:59.600 --> 54:07.680] And yet, once again, we have somebody writing a statute that the legislature passes without reading [54:07.680 --> 54:13.920] that directly violates the delegation of a constitutional power and gives it to someone [54:13.920 --> 54:22.640] who is not authorized to wield it, a city attorney, a contract attorney. In fact, [54:23.280 --> 54:29.440] under the Constitution, for the Constitution to be complied with, the only logical way to create [54:29.440 --> 54:36.320] an office of even a special prosecutor is if that special prosecutor is an elected county or district [54:36.320 --> 54:46.960] attorney from some other place in Texas. But it can't be just any attorney. Can't be. Now, [54:46.960 --> 54:53.280] I've got an entire motion on disqualifying the city attorney in the seminar material that details [54:53.280 --> 54:59.760] this out to the nth degree. Every single statute that exists in Texas that talks about an attorney [54:59.760 --> 55:10.480] for the state and not once is a city attorney ever spoken of as being an attorney for the state. [55:11.120 --> 55:18.640] Not once. Not even in the Code of Criminal Procedure is that the name given to them. [55:18.640 --> 55:24.960] It simply says in 45.201 that the city attorney shall handle all prosecutions in a municipal court. [55:24.960 --> 55:31.760] But that would create another problem. If the city attorney is prosecuting, and all prosecutions [55:31.760 --> 55:37.840] in Texas are required to be performed in the name of the state, look it up in the Code of [55:37.840 --> 55:48.000] Criminal Procedure, both in Chapter 15 and in Chapter 45, 45.0198 to be exact, and 15.03 and 04 [55:48.000 --> 55:58.240] of the other form of complaint. The complaint must always begin in and by the authority of the state [55:58.240 --> 56:07.360] of Texas. A city attorney cannot act in the name of the state of Texas by statutory decree when it [56:07.360 --> 56:15.920] comes to a prosecution because that power is a constitutionally delegated power that cannot [56:15.920 --> 56:22.480] be re-delegated any more than the legislature's lawmaking power can be re-delegated. [56:25.360 --> 56:30.560] So when they say under 45.201 that the city attorney shall handle all prosecutions in a [56:30.560 --> 56:42.320] municipal court, someone is committing sedition. Now we have these judges and these prosecutors in [56:42.320 --> 56:47.440] these courts that are attempting to say that because the citation exists, they have jurisdiction. [56:47.440 --> 56:52.160] Because the complaint exists, they have jurisdiction. Because it's defined as a Class C [56:52.160 --> 56:59.200] offense, they have jurisdiction. None of that's true. First off, according to what we're reading [56:59.200 --> 57:07.200] here, these cannot be Class C misdemeanors. They cannot be criminal. In fact, the majority of [57:07.200 --> 57:13.760] offenses in the transportation code do not say they are Class Cs. They simply say misdemeanor, [57:14.320 --> 57:18.800] though I'm not sure how there could be any such thing as a civil misdemeanor. [57:23.760 --> 57:29.680] Now that would tell us since the entire transportation code is rewritten by the agencies [57:29.680 --> 57:39.120] and their attorneys that someone has intentionally attempted to alter the underlying law through [57:39.120 --> 57:47.840] statutory amendment and to subvert the originally legislated subject matter under which it was [57:47.840 --> 58:00.080] enacted, to create a crime from what can only be a civil infraction, according to what the [58:00.080 --> 58:04.800] administrative code is telling us, because that would be the only thing that the SOAH [58:04.800 --> 58:15.040] would have jurisdiction to hear. Folks, you will never find more proof of the fraud that is being [58:15.040 --> 58:23.280] done to you than on this show and on this network. We don't spend our time twiddling our thumbs around [58:23.280 --> 58:30.080] here. We spend our time studying. We spend our time thinking. We spend our time drawing out [58:30.880 --> 58:36.240] routines and maps that show how this stuff doesn't work the way we're being told it does. [58:38.880 --> 58:43.360] That's why we need to be here and you need to support us. All right, folks, we're going to take [58:43.360 --> 58:47.360] a break and we'll turn the phones on. We'll be right back and start taking your calls. [58:50.160 --> 58:55.760] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.760 --> 59:01.760] because they struggle to understand it. 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[59:55.680 --> 01:00:05.840] The following news flash is brought to you by the Lone Star Lowdown, providing the jelly [01:00:05.840 --> 01:00:13.440] bulletins for the commodities market. Today in history, news updates and the inside scoop [01:00:13.440 --> 01:00:23.680] into the tides of the alternative. Markets for Monday, the 5th of December, 2016, [01:00:23.680 --> 01:00:34.080] opened with gold at $1,177.28 an ounce, silver $16.74 an ounce, Texas crude $51.68 a barrel, [01:00:34.080 --> 01:00:38.480] and Bitcoin is currently sitting in about 756 U.S. currency. [01:00:44.400 --> 01:00:49.680] Today in history, the year 1952, a cold fog descends upon London, [01:00:49.680 --> 01:00:54.560] combining with air pollution resulting in the deaths of nearly 12,000 people in the weeks and [01:00:54.560 --> 01:01:00.160] months that followed. The great smog or the big smoke descended upon London today in history. [01:01:04.400 --> 01:01:09.280] In recent news, it appears that the Standing Rock Sioux Tribe has won a major victory in their [01:01:09.280 --> 01:01:15.520] battle to block the $3.7 billion Dakota Access pipeline routing a half a mile near its reservation. [01:01:15.520 --> 01:01:19.440] As of Sunday, the Army Corps of Engineers of the Department of the Army announced that it [01:01:19.440 --> 01:01:23.680] would look for alternative routes and not allow the pipeline to be drilled under a section of the [01:01:23.680 --> 01:01:28.720] Missouri River, which many in the tribe were concerned since it lies upstream of the reservation's [01:01:28.720 --> 01:01:33.440] water access points. It is uncertain whether President-elect Donald Trump's administration [01:01:33.440 --> 01:01:43.520] will uphold this decision. A 28-year-old man from Salisbury, North Carolina, Edgar Madison [01:01:43.520 --> 01:01:48.560] Welch, was detained and arrested by DC police after he fired an assault rifle inside the DC [01:01:48.560 --> 01:01:53.440] Comet Ping Pong Pizzeria on Sunday, injuring no one. Without incident, the police were able [01:01:53.440 --> 01:01:58.880] to recover the assault rifle used and Welch was charged with assault with a dangerous weapon. [01:01:58.880 --> 01:02:03.360] Two other firearms were located inside the restaurant and an additional weapon was retrieved [01:02:03.360 --> 01:02:08.000] from the suspect's vehicle. During a post-arrest interview, the suspect revealed that he had gone [01:02:08.000 --> 01:02:13.120] to the restaurant in order to self-investigate Pizzagate. Pizzagate is a conspiracy theory that [01:02:13.120 --> 01:02:18.000] arose this year from the dump of John Podesta's hacked emails via WikiLeaks, which many are [01:02:18.000 --> 01:02:23.360] claiming some contain code words for child trafficking and ritual sexual abuse involving [01:02:23.360 --> 01:02:29.280] Podesta, the Clintons, other Washington insiders, Comet Ping Pong Pizzeria, and other businesses in [01:02:29.280 --> 01:02:34.400] the same vicinity. Mainstream media is pointing the finger to fake news sites and unverified [01:02:34.400 --> 01:02:39.520] conspiracy theories as the motivators behind this incident. However, this isn't the first time [01:02:39.520 --> 01:02:58.240] accusations of pedophile rings plague D.C. [01:03:09.520 --> 01:03:21.360] We grow good old tomatoes and homemade wine, and country boy can survive. Country folks can survive. [01:03:27.040 --> 01:03:30.560] Because you can't starve us out and you can't make a front, [01:03:30.560 --> 01:03:39.920] so one and more boys pray don't shot guns. We say praise, we say ma'am, if you ain't into that, [01:03:39.920 --> 01:03:49.600] we don't give a damn. We came from the West Virginia coal mines and the rocky mountains [01:03:49.600 --> 01:04:01.600] and the western skies. All right, folks, we are back. This is Rule of Law Radio. Calling number [01:04:01.600 --> 01:04:10.560] 512-646-1984. Right now we have Jay on the line. Jay, what can we do for you? [01:04:11.680 --> 01:04:14.880] How you doing, Eddie? Doing all right. Well, listen, [01:04:14.880 --> 01:04:24.720] after listening to everything you said, it just reinforces the fact that this is just a big onion, [01:04:24.720 --> 01:04:28.960] and you have to peel and peel and peel. Yeah, and it's a really rotten onion. [01:04:29.840 --> 01:04:33.440] Yes, it is. I mean, you need an Enigma machine to try and figure all this crap out. [01:04:35.600 --> 01:04:41.760] I thought that's what I was supposed to be. You're kind of real close. Let's hope you [01:04:41.760 --> 01:04:49.280] don't meet the same fate that he did. While I was listening to you, I had trouble finding the [01:04:50.240 --> 01:04:58.880] chapter 29 of that code of getting into that page as well. I went to the text of the constitution [01:04:58.880 --> 01:05:06.640] and went through the code of criminal procedure. The title 1 chapter 4 explains what courts that [01:05:06.640 --> 01:05:15.360] criminal jurisdiction. Now, that being said, part of this issue has been where is the crime? [01:05:17.440 --> 01:05:23.200] That's always been what it's been. I mean, all through American history, a crime required two [01:05:23.200 --> 01:05:28.720] things that none of this administrative bull crap has a clue about, mens rea, the criminal intent or [01:05:28.720 --> 01:05:39.840] criminal mind, and corpus delecti, a body, an injured party. None of that exists in this [01:05:39.840 --> 01:05:44.400] administrative bull crap. Whenever the state writes one of these citations, the state proclaims [01:05:44.400 --> 01:05:49.760] itself the injured party. So let's look at the fairness and impartiality of such an accusation. [01:05:49.760 --> 01:05:58.720] A state agent, he's not employed by the state, but he is acting as an agent of the state, makes [01:05:58.720 --> 01:06:04.320] the allegation without all of the necessary facts and evidence to establish not only reasonable [01:06:04.320 --> 01:06:10.160] suspicion, but probable cause to believe that his allegation is actually true because he doesn't [01:06:10.160 --> 01:06:15.120] know and understand that the primary element of the accusation must actually be that the [01:06:15.120 --> 01:06:19.920] individual is engaging in transportation, so as to be subject to that code in the first place. [01:06:21.280 --> 01:06:28.720] Right. That citation by that state agent is then handed off to someone else acting as another agent [01:06:28.720 --> 01:06:36.640] for the state in the form of the court itself. Which is right there in of itself a conflict of [01:06:36.640 --> 01:06:42.640] interest. Correct. But then we conflicted a little bit more by throwing in another state agent, [01:06:42.640 --> 01:06:49.920] a state agent, the person prosecuting the case. The only exception to that being the city attorney [01:06:50.640 --> 01:06:56.400] who is only pretending through fraud to act on behalf of the state. [01:06:57.760 --> 01:07:04.080] And then to top all of that off, all three of these agents of the state have a direct [01:07:04.080 --> 01:07:08.160] financial interest in the outcome of the case being a verdict of guilty. [01:07:08.160 --> 01:07:12.560] Collusion. And that's where we get into the issue of [01:07:12.560 --> 01:07:18.160] these entities are actually money laundering. And it's a very simple process. You know how [01:07:18.160 --> 01:07:24.080] money laundering works. The bad guys make their money. They put it into some legitimate account [01:07:24.080 --> 01:07:29.840] somewhere or business or something of that effect. That business processes that money [01:07:29.840 --> 01:07:34.400] through and puts clean money out on the other side by using different bills and different [01:07:34.400 --> 01:07:39.600] dominations and all that stuff. Thus the money gets laundered. No one knows. And then that money, [01:07:39.600 --> 01:07:42.480] when it comes out clean, goes right back into the entity's hands, right? [01:07:43.600 --> 01:07:47.280] Exactly. Minus a cut for whoever did the processing. [01:07:48.000 --> 01:07:55.440] Well, in these cases, the fines are paid into the court. The court on behalf of the municipality [01:07:55.440 --> 01:08:02.160] for which they work gets to keep half the money. All right. Now, when they say that there's no [01:08:02.160 --> 01:08:08.320] vested financial interest in the judge and for the prosecutor and for the cop, this is where the [01:08:08.320 --> 01:08:13.680] money laundering starts. They take half of the fines and all of the court costs that get levied. [01:08:13.680 --> 01:08:20.400] They get to keep all of that. The other 50% goes directly to the state. They are only authorized [01:08:20.400 --> 01:08:26.800] by law to use the money they keep for the purpose of road and bridge funds. Now, as far as the fines [01:08:26.800 --> 01:08:34.320] are concerned, the court costs everything they get to pocket. But the fine, the 50% of the fine [01:08:34.320 --> 01:08:39.920] they get to keep must go into the road and bridge fund within the municipality. Now, when that money [01:08:39.920 --> 01:08:47.440] goes into the road and bridge fund as dirty stolen fraud money, that means that the city no longer [01:08:47.440 --> 01:08:54.240] has to allocate funds from its budget of whatever amount is directly proportional to the amount [01:08:54.240 --> 01:08:59.360] that's put into that road and bridge fund. So in essence, the money that went into road and bridge [01:08:59.360 --> 01:09:05.680] is saved in their budget over here. That money gets then reallocated to other expenditures on [01:09:05.680 --> 01:09:11.840] behalf of the city, whether it be pay increases for the judges, for the cops, for the city attorneys, [01:09:11.840 --> 01:09:19.200] all of the above or something else. The money's been perfectly laundered. The profits that they [01:09:19.200 --> 01:09:25.360] got went into this under the pretense that it's not benefiting the people who stole it from you, [01:09:25.360 --> 01:09:33.280] when in fact it is doing precisely that. And then they will in their perverse manner [01:09:34.000 --> 01:09:42.960] tell you that those roadways, those right of way are state roadways and state highway. No, they're [01:09:42.960 --> 01:09:50.560] not paid for by us. They are the public right of way. Right of way. Exactly. Now that being said, [01:09:50.560 --> 01:09:57.840] getting back to this title and chapter, it does say in here that the following courts have [01:09:57.840 --> 01:10:05.120] jurisdiction in criminal actions. I'll just go to the ones that you spoke of. It does say [01:10:05.120 --> 01:10:10.720] justice courts. It does say municipal courts. It's even very specific about magistrates in [01:10:10.720 --> 01:10:18.960] Bayer, Dallas, Tarrant, and Travis County. Magistrates appointed by judges for the district [01:10:18.960 --> 01:10:24.400] courts of Lubbock County. So isn't this again, isn't this another contradiction [01:10:25.280 --> 01:10:33.200] in this entire constitution and this code? Well, I don't know what you mean by [01:10:33.200 --> 01:10:38.960] contradiction. Yes, those are the courts with criminal jurisdiction. But the administrative [01:10:38.960 --> 01:10:43.680] code is telling us that those courts are not the courts that have jurisdiction of contested cases [01:10:44.400 --> 01:10:47.840] in relation to what the Department of Public Safety has jurisdiction over. [01:10:49.520 --> 01:10:54.000] It doesn't even say those courts are the ones with jurisdiction for the four exceptions it gave us. [01:10:54.880 --> 01:10:58.400] Right. It doesn't tell us what courts have jurisdiction for those four. [01:10:59.280 --> 01:11:05.120] It simply says that if it's not one of these four and it's contested, the State Office of [01:11:05.120 --> 01:11:09.600] Administrative Hearings has jurisdiction to hear it. And you have to set it that way. [01:11:10.160 --> 01:11:21.760] But they don't. The cop violates 543.008 of the transportation code by committing misconduct in [01:11:21.760 --> 01:11:29.280] office when he refers you to a magistrate and court that does not have jurisdiction of the offense. [01:11:29.280 --> 01:11:34.800] And when he sends you to a justice or municipal court, that is exactly what he's doing. He is [01:11:34.800 --> 01:11:40.000] committing misconduct in office, an offense for which you can be removed according to that [01:11:40.000 --> 01:11:45.280] section of the transportation code. Because he is administrative and administrative [01:11:45.280 --> 01:11:52.560] agents cannot write court orders, correct? Well, I'm not sure where you're getting court [01:11:52.560 --> 01:11:56.080] order out of this. That ticket becomes a court order. [01:11:56.080 --> 01:12:00.720] No, it doesn't. No, it doesn't. It does not become a court order. [01:12:01.440 --> 01:12:05.040] It does not become a summons. It does not comply with a lawful summons. [01:12:06.480 --> 01:12:11.520] Just like it is not a proper criminal complaint, it is not a proper summons or subpoena. [01:12:11.520 --> 01:12:15.760] It does not have any of the statutory requirements to meet either of those. [01:12:18.640 --> 01:12:24.880] It is simply an agreement to appear if he lets you go. But if you read the transportation code, [01:12:24.880 --> 01:12:31.440] it tells you very clearly, there are only two charges for which he has to get a signature. [01:12:32.400 --> 01:12:39.600] That is speeding and open container. So when he tells you he's going to place you under arrest [01:12:39.600 --> 01:12:45.040] because you won't sign the ticket for any other offense, he's going to take you to jail, [01:12:45.040 --> 01:12:51.680] he once again is committing misconduct in office. Because the law does not authorize him to [01:12:51.680 --> 01:12:58.560] incarcerate you any further than writing the citation if he could write you one at all, [01:12:58.560 --> 01:13:02.400] which he can't. Well, not lawfully, of course. [01:13:03.120 --> 01:13:09.520] Okay. Well, period. He cannot lawfully write it, is correct. He has no authority to write it. [01:13:10.880 --> 01:13:17.840] But the point being that he also has no authority to move you bodily into custody [01:13:17.840 --> 01:13:23.280] in some faraway jail cell. Because you won't sign the citation. [01:13:24.400 --> 01:13:30.560] Because the law only requires the signature on speeding and open container citations, [01:13:31.200 --> 01:13:38.880] not on any other. And it says that very, very clearly, I believe in 543.006 of the transportation [01:13:38.880 --> 01:13:45.440] code, which once again does not apply to the general public. It applies only to that specific [01:13:45.440 --> 01:13:51.440] specific party of individuals engaging in that legislative subject matter activity, period. [01:13:51.440 --> 01:13:54.160] Which comes back to jurisdiction. Correct. [01:13:54.960 --> 01:14:01.360] Yes. Now, I spoke with you last Monday about them suspending my license, and I am sending, [01:14:02.080 --> 01:14:05.440] putting it in the mail. I'm actually taking it to the post office to get registered [01:14:05.440 --> 01:14:13.200] signature done on it for suspension out of Florida. And so I've got to deal with them [01:14:13.200 --> 01:14:17.440] here at Texas First. I'm working on the Florida. I got information this morning of who to contact, [01:14:17.440 --> 01:14:25.200] and so I'm doing, I'm just a little late. That being said, now, so even on a suspended [01:14:25.200 --> 01:14:33.120] license, that's still an administrative charge, as it were. And not a criminal charge. But so why [01:14:33.840 --> 01:14:37.600] do, I mean, I know this is a silly question, why? Because they do whatever they want to do, [01:14:37.600 --> 01:14:43.360] because they have a gun. How does it convert into a criminal charge? [01:14:43.360 --> 01:14:48.480] Well, that is the question. How does something that is defined by the governing code over the [01:14:48.480 --> 01:14:55.680] agency who has enforcement authority that says this is completely civil, [01:14:57.440 --> 01:15:03.840] because of where we're sending you, it can't be anything else. Because this hearing officer [01:15:03.840 --> 01:15:14.400] can't hear criminal cases. It's got to be civil. So how then do you get a crime out of someone's [01:15:15.760 --> 01:15:24.400] lack of knowledge or failure to challenge it for the purpose of saying, I'm not paying. [01:15:24.400 --> 01:15:29.200] I challenge the penalty. How does this suddenly become criminal and then fall within the [01:15:29.200 --> 01:15:37.120] jurisdiction of the criminal courts? That is the question. There's no way that I know of to [01:15:37.120 --> 01:15:47.120] legitimately convert a civil anything into a criminal. Now, there are lots of ways to pursue [01:15:47.120 --> 01:15:54.240] a civil action that may divulge facts and evidence that could result in a set of criminal charges to [01:15:54.240 --> 01:15:59.920] the exclusion of the civil issue. And thus they can prosecute them under those crimes. [01:16:01.600 --> 01:16:05.520] But the civil case itself never becomes a criminal case. [01:16:07.040 --> 01:16:13.360] Right. And then we fall into fruit of the poison tree kind of thing. So anything that happens [01:16:13.360 --> 01:16:20.880] beyond that particular event, say the suspended license, anything that follows that is kind of [01:16:20.880 --> 01:16:26.960] irrelevant. Well, but the problem here is how are you going to argue the fruit of the poison tree [01:16:26.960 --> 01:16:34.640] doctrine when that's only applicable in a criminal case? Well, because they just made it criminal. [01:16:35.600 --> 01:16:42.400] But they can't make it criminal legitimately is my point. Legitimately, exactly. Okay, [01:16:42.400 --> 01:16:45.920] hang on just a second. I got another break. We'll pick this up on the other side. [01:16:45.920 --> 01:16:52.400] All right, folks, this is Rule of Law Radio calling number 512-646-1984. Get in line, [01:16:52.400 --> 01:17:02.480] let's talk. We will be right back. I love Logos. Without the shows on this network, [01:17:02.480 --> 01:17:06.880] I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going [01:17:06.880 --> 01:17:12.160] back. I need my truth fix. I'd be lost without Logos. And I really want to help keep this [01:17:12.160 --> 01:17:16.320] network on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I [01:17:16.320 --> 01:17:21.920] really don't have any money to give because I spent it all on supplements. How can I help Logos? [01:17:21.920 --> 01:17:26.960] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos [01:17:26.960 --> 01:17:31.840] with ordering your supplies or holiday gifts. First thing you do is clear your cookies. Now [01:17:31.840 --> 01:17:38.800] go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now when you order anything [01:17:38.800 --> 01:17:45.280] from Amazon, you use that link and Logos gets a few pesos. Do I pay extra? No. Do I have to do [01:17:45.280 --> 01:17:52.160] anything different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow, giving without [01:17:52.160 --> 01:17:58.160] doing anything or spending any money. This is perfect. Thank you so much. We are welcome. [01:17:58.160 --> 01:18:04.640] Happy holidays, Logos. Through advances in technology, our lives have greatly improved, [01:18:04.640 --> 01:18:09.600] except in the area of nutrition. People feed their pets better than they feed themselves, [01:18:09.600 --> 01:18:15.440] and it's time we changed all that. Our primary defense against aging and disease in this toxic [01:18:15.440 --> 01:18:20.640] environment is good nutrition. In a world where natural foods have been irradiated, [01:18:20.640 --> 01:18:27.120] adulterated, and mutilated, Young Jevity can provide the nutrients you need. Logos Radio Network [01:18:27.120 --> 01:18:32.240] gets many requests to endorse all sorts of products, most of which we reject. We have [01:18:32.240 --> 01:18:38.480] come to trust Young Jevity so much, we became a marketing distributor along with Alex Jones, [01:18:38.480 --> 01:18:45.200] Ben Fuchs, and many others. When you order from LogosRadioNetwork.com, your health will improve [01:18:45.200 --> 01:18:51.200] as you help support quality radio. As you realize the benefits of Young Jevity, you may want to [01:18:51.200 --> 01:18:57.280] join us. As a distributor, you can experience improved health, help your friends and family, [01:18:57.280 --> 01:19:14.240] and increase your income. Order now. This is the Logos Radio Network. [01:19:27.280 --> 01:19:54.480] All right, folks, we are back. This is Real Law Radio and we are still talking with Jay. [01:19:54.480 --> 01:20:02.800] All right, Jay. Real quick, I know I saw it on here and I want to look into it again because, [01:20:03.520 --> 01:20:10.880] you know, always be prepared is, you know, motto and given the fact that they can't run your place [01:20:10.880 --> 01:20:17.760] and as a current, I am offended and I drive carefully. I'm sorry, you what? Carefully? [01:20:17.760 --> 01:20:25.520] I try and move freely around in my mode of conveyance. [01:20:28.640 --> 01:20:34.640] And so, in the event that I get pulled over and they decide that they're going to take me in, [01:20:34.640 --> 01:20:48.160] comes the issue of my vehicle. Your what? My truck, my mode of conveyance. Thank you. I know [01:20:48.160 --> 01:20:56.320] I saw it. Can you briefly tell me what chapter that has the impound laws and what? Can I ask [01:20:56.320 --> 01:21:03.120] you a question? Yes. You do know they're in the transportation code, right? Yes. [01:21:03.120 --> 01:21:07.440] Yes. Therefore, they are relevant to your conveyance. How? [01:21:10.720 --> 01:21:13.040] They're not, but you don't hold court on the side of the road. [01:21:13.680 --> 01:21:17.840] Agreed, but you're not going to stop me from towing your car on the side of the road either. [01:21:19.440 --> 01:21:25.760] Well, that being said, I mean, that's why I want to look at what are they, what can they do, [01:21:25.760 --> 01:21:33.120] what can they do? Okay, just look up towing in the transportation code. But what they can do [01:21:33.120 --> 01:21:41.280] according to the code is very, very specific. They cannot tow any car without the consent of the owner [01:21:41.280 --> 01:21:48.960] unless it has been abandoned more than 24 hours on private property and the owner of said property [01:21:48.960 --> 01:21:56.160] has requested its removal. It presents a public safety hazard by being parked too close to the [01:21:56.160 --> 01:22:05.120] road or in a place that it could potentially slip the parking brake or chug backwards or run off into [01:22:05.120 --> 01:22:10.880] the flow of traffic and cause an injury, et cetera, et cetera. That's it. [01:22:11.920 --> 01:22:15.920] Now, what they will tell you on the side of the road, because they will hold court on the side of [01:22:15.920 --> 01:22:26.640] the road, is that they are responsible for your mode of conveyance and they can't leave it anywhere. [01:22:26.640 --> 01:22:30.080] And they'll say, this is private property. The owner doesn't want it here. [01:22:30.080 --> 01:22:35.200] Well, we know what they're going to say. How does that affect what they are allowed to do? [01:22:36.720 --> 01:22:41.600] Everything you're talking about is something that you cannot address at that moment. You're going to [01:22:41.600 --> 01:22:49.360] have to address it through a lawsuit or not at all. Right. But now, how does that get my vehicle out [01:22:49.360 --> 01:22:54.640] of my- I'm sorry. Get your what? My mode of conveyance. How does it get it out of- [01:22:54.640 --> 01:23:02.240] It doesn't. Your wallet and a credit card does. Then you sue them for the damage of having to pay. [01:23:02.240 --> 01:23:10.320] You sue the tow company for stealing your money and your property. You sue the cop for authorizing [01:23:10.320 --> 01:23:16.160] it and conspiring to make it happen. You sue his department for not effectively training him [01:23:16.160 --> 01:23:21.440] in knowing the limits of his authority and violations of their procedure on stealing [01:23:21.440 --> 01:23:27.040] private property and so on and so on. I love it. That's what I thought. And I just [01:23:27.040 --> 01:23:32.960] wanted to hear it from you. Keep my fingers crossed I can get this doled out and get it [01:23:32.960 --> 01:23:37.200] straightened out before it comes to that. But at least I want to know ahead of time. [01:23:37.200 --> 01:23:41.600] Yeah. Well, this is the part I keep trying to get people to understand. Do not start a fight [01:23:41.600 --> 01:23:46.800] you're not prepared to finish. If you're going to take the risk of getting your car towed, [01:23:46.800 --> 01:23:51.440] you damn well better have the money to get it out before the charges get too high. [01:23:51.440 --> 01:23:57.840] You also better know how to recover the damages from them for taking your property. And the only [01:23:57.840 --> 01:24:02.640] way to do that's a lawsuit. Right. Good enough. Listen, I'm going to [01:24:02.640 --> 01:24:07.120] let you get some other guys get some other calls in. Thank you again. And I always enjoy watching [01:24:07.120 --> 01:24:10.400] and listening to your show. And thanks for the info. [01:24:10.400 --> 01:24:12.960] Yes, sir. Thanks for calling in. All right. [01:24:12.960 --> 01:24:17.280] Bye bye. All right. Now we're going to go to Ralph in Texas. Ralph, what can we do for you? [01:24:19.440 --> 01:24:22.960] Well, I had a couple things to say. One, I'm covered what you just mentioned. [01:24:22.960 --> 01:24:27.120] Okay. The towing company. Also, about your monologue, [01:24:27.920 --> 01:24:31.440] I was kind of doing some other things. I was kind of listening in and out. And some of what [01:24:31.440 --> 01:24:35.440] you said, I've heard you say before. So I'm not sure I follow you, but I just [01:24:35.440 --> 01:24:39.200] thought this out. There's first impression class action lawsuit. [01:24:40.800 --> 01:24:46.320] No, you'll never make it fly as a class action until you get several individual cases showing [01:24:46.320 --> 01:24:50.160] it's pandemic. Well, that's what I'm talking about. [01:24:51.120 --> 01:24:55.760] I'm talking about gathering up, you know, getting the necessary elements together to create [01:24:55.760 --> 01:25:01.200] a class action. And the best place to do that. But that's my point. The necessary elements to [01:25:01.200 --> 01:25:06.320] make it an effective class action is to show that it's something that occurs statewide on an [01:25:06.320 --> 01:25:13.440] individual basis. That means individual lawsuits will have to be pursued first successfully [01:25:14.240 --> 01:25:19.360] to give them good grounds to show that this should be determined to be a class action. [01:25:21.360 --> 01:25:27.520] Because this is the this is the systemic. Right. That makes sense. And I would think [01:25:27.520 --> 01:25:31.360] that that'd be easy enough to do. But then again, getting people to actually follow the problem [01:25:31.360 --> 01:25:37.680] there is, is you don't want it to be a class action lawsuit ever. Class action lawsuit exists [01:25:37.680 --> 01:25:44.240] for one reason only to make the attorney stinking rich at everyone else's expense. [01:25:45.680 --> 01:25:49.040] That's it within the next. Okay, well, then the next thing, [01:25:49.040 --> 01:25:52.720] because I'm going to settle down here. Next thing. What about redress agreements [01:25:52.720 --> 01:26:00.160] to your local politicians? You mean the idiot that put you in this situation in the first place [01:26:00.160 --> 01:26:03.760] because you don't know what the hell's going on? And you're going to try to explain it to him? [01:26:05.120 --> 01:26:11.680] Well, if it was my world, if a buddy of mine got a traffic citation, me and 99 other people [01:26:11.680 --> 01:26:16.480] would corral the courthouse and say, what are you doing? Just put them under pressure. We're [01:26:16.480 --> 01:26:21.520] the people. What are you doing? Like I said before, if you want to if you want to control [01:26:21.520 --> 01:26:25.280] how this stuff works, then you do have to do it locally, but you're not going to do it at [01:26:25.280 --> 01:26:34.880] the courthouse. What you need to do is organize people in every precinct where your representative [01:26:34.880 --> 01:26:42.400] has an office. And every time his butt hits the chair in that precinct, there is a group of people [01:26:42.400 --> 01:26:52.480] in his face slamming him with accurate demonstrable information and demands to do something about it [01:26:52.480 --> 01:26:59.760] in the affirmative sense of relieving us of the crap that's going on. Not just rewriting it to [01:26:59.760 --> 01:27:06.160] make it work the way it's always worked, but to make it work the way it's supposed to work. [01:27:06.160 --> 01:27:10.720] Yeah, okay. That's the only way you're going to change this. The court's not going to do a damn [01:27:10.720 --> 01:27:18.240] thing for you. Okay, now proving that the transportation code does not apply to everyone, [01:27:18.240 --> 01:27:25.680] is that a real problem? No, it's not. Okay, because I'm thinking well, DPS mission statement [01:27:25.680 --> 01:27:30.640] says if they can supervise traffic, supervise and regulate commercial. The subject matter of [01:27:30.640 --> 01:27:37.680] the recodification bill SB 971 itself tells you it does not apply to the general public. [01:27:39.440 --> 01:27:47.360] The Texas Constitution says all legislative bills must specify a singular subject in its title to [01:27:47.360 --> 01:27:55.760] which it pertains. The title on SB 971 says this is a recodification of existing laws and statutes [01:27:55.760 --> 01:28:04.880] relating to the subject of transportation. Transportation is an occupation. It is not a [01:28:04.880 --> 01:28:16.000] general public activity. Okay, okay. Now, I've been working on something the last few days, [01:28:16.000 --> 01:28:21.680] and I don't have all my notes, but I did write something down quick. And I think I am able to [01:28:21.680 --> 01:28:31.040] express how to be a 12b6 in common language. Okay. Are you ready? Go ahead. [01:28:32.720 --> 01:28:37.840] Think of the Bill of Rights as an insurance policy. The insurance policy only covers US state [01:28:37.840 --> 01:28:45.040] citizens. It also only works against persons who owe you a duty. These are people that the state [01:28:45.040 --> 01:28:53.360] is responsible for, aka persons who have an oath of office, aka to uphold the laws. And this will [01:28:53.360 --> 01:29:00.480] work on persons that willfully cooperate with those whose state, who the state is responsible for, [01:29:00.480 --> 01:29:10.960] aka towing companies. You have to express the state law. You have to find which constitutional [01:29:10.960 --> 01:29:17.360] insurance policy that would fall under. Well, the problem with your analogy, Ralph, [01:29:17.360 --> 01:29:24.080] is the Supreme Court's already shot it down. They said, for instance, by the criteria you just set [01:29:24.080 --> 01:29:30.800] forth, every police department in every city and every state of the country would be required [01:29:30.800 --> 01:29:35.920] to protect the public. And they're not. The Supreme Court said they're not. The Supreme Court [01:29:35.920 --> 01:29:41.200] said their only duty is to enforce the laws of the corporation for which they work, [01:29:42.240 --> 01:29:47.680] not to protect the public. Correct. All right. Hang on just a second, Ralph. I got another break [01:29:47.680 --> 01:29:51.200] here, and then we'll wrap this up on the other side. All right, folks, y'all hang in there. [01:29:51.200 --> 01:29:53.200] We will be right back. [01:29:53.200 --> 01:30:00.000] And now for the ultimate conversation killer, a speech-jamming gun that silences people in mid-sentence. [01:30:00.000 --> 01:30:05.120] I've got your Catherine Albrecht back with details on a device that shuts people up by freezing their [01:30:05.120 --> 01:30:07.120] brains next. [01:30:07.120 --> 01:30:12.560] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:12.560 --> 01:30:18.080] And once your privacy is gone, you'll never get it back again. You'll never get it back again. [01:30:18.080 --> 01:30:23.280] When you give up data about yourself, you'll never get it back again. And once your privacy is gone, [01:30:23.280 --> 01:30:29.520] you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance [01:30:29.520 --> 01:30:35.360] and keep your information to yourself. Privacy. It's worth hanging on to. This message is brought [01:30:35.360 --> 01:30:41.440] to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:41.440 --> 01:30:43.440] Start over with Startpage. [01:30:43.440 --> 01:30:49.600] Silence may be golden, but scientists in Japan are taking quietude to a new low with a speech-jamming [01:30:49.600 --> 01:30:55.200] gun that shuts people up in mid-sentence. The speech-jammer works by recording a person's speech [01:30:55.200 --> 01:31:00.160] and firing their words back at them with a brief delay. It's painless, but the delayed sound of [01:31:00.160 --> 01:31:05.120] their own voice disturbs their cognitive process and makes them stutter before going completely [01:31:05.120 --> 01:31:10.960] silent. According to its inventors, the jammer is the perfect tool to restore order to unruly [01:31:10.960 --> 01:31:16.480] classrooms or noisy libraries, and to put the brakes on chronic interrupters. Of course, [01:31:16.480 --> 01:31:22.400] the problem is one man's interruption is another man's free speech. I'm Dr. Catherine Albrecht for [01:31:22.400 --> 01:31:26.400] Startpage.com, the world's most prided search engine. [01:31:28.400 --> 01:31:34.400] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:34.400 --> 01:31:38.960] The government says that fire brought it down. However, 1,500 architects and engineers [01:31:38.960 --> 01:31:43.840] concluded it was a controlled demolition. Over 6,000 of my fellow service members have given their [01:31:43.840 --> 01:31:48.640] lives. And thousands of my fellow force responders are dying. I'm not a conspiracy theorist. I'm a [01:31:48.640 --> 01:31:52.640] structural engineer. I'm a New York City Correctional Officer. I'm an Air Force pilot. I'm a father who [01:31:52.640 --> 01:32:12.640] lost his son. We're Americans, and we deserve the truth. [01:32:22.800 --> 01:32:27.600] As a multi-year A-plus member of the Better Business Bureau with zero complaints, you can [01:32:27.600 --> 01:32:32.640] trust Hill Country Home Improvements to handle your claim and your roof right the first time. [01:32:32.640 --> 01:32:39.440] Just call 512-992-8745 or go to hillcountryhomeimprovements.com. Mention the [01:32:39.440 --> 01:32:44.720] crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help [01:32:44.720 --> 01:32:50.960] continue this program. So if those out of town roofers come knocking, your door should be locking. [01:32:50.960 --> 01:32:59.360] That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement. [01:32:59.360 --> 01:33:06.880] May not actually be kidding about chemtrails. You're listening to the Logos Radio Network [01:33:06.880 --> 01:33:20.880] at logosradio network.com. [01:33:36.880 --> 01:33:46.880] Look at them yo-yos, that's the way you do it. You play the guitar on the MTV. [01:33:46.880 --> 01:33:54.880] That ain't working, that's the way you do it. Money for nothing and you're just free. [01:33:54.880 --> 01:34:00.880] Now that ain't working, that's the way you do it. Let me tell you, damn guys ain't done. [01:34:00.880 --> 01:34:08.880] Maybe get a pistol on your little finger. Maybe get a blister on your thumb. [01:34:08.880 --> 01:34:16.880] We got the list on our co-ed ovens, cause the kitchen's a labyrinth. [01:34:16.880 --> 01:34:26.880] Alright folks, we are back. This is Rule of Law Radio and we are talking with Ralph. [01:34:26.880 --> 01:34:30.880] Please continue. And Ralph likes your choice of music, all of it. [01:34:30.880 --> 01:34:36.880] Oh, well thank you. Your new music, yeah, you got a good mix there. [01:34:36.880 --> 01:34:42.880] Okay, as I remembered understanding or as an example, the Supreme Court said that [01:34:42.880 --> 01:34:48.880] a law enforcement officer does not owe a personal duty to a woman to keep her from being assaulted. [01:34:48.880 --> 01:34:54.880] He can stand there and watch her be assaulted. But to have a legitimate claim of entitlement [01:34:54.880 --> 01:35:00.880] and that the officer himself assaulted the woman and now she looks up the assault laws [01:35:00.880 --> 01:35:08.880] and says that this officer with an oath of office that the state is responsible for [01:35:08.880 --> 01:35:18.880] because he is a state employee, has an oath to the office and has a duty not to violate those laws. [01:35:18.880 --> 01:35:24.880] So that woman would look up the assault law, whatever rule it is, and put it in her claim [01:35:24.880 --> 01:35:30.880] in state court for federal violations or in federal court. [01:35:30.880 --> 01:35:36.880] Yeah, but the problem there is going to remain the same. You're talking about a state case at this point, right? [01:35:36.880 --> 01:35:40.880] The opinion you're reading from is a state case, huh? [01:35:40.880 --> 01:35:43.880] No, these are federal cases, but it works the same. [01:35:43.880 --> 01:35:49.880] Whoa, whoa, whoa, wait a minute. Federal cases dated when? [01:35:49.880 --> 01:35:53.880] Well, let me look. It's on the computer right now. I can't believe. [01:35:53.880 --> 01:35:56.880] And when you say federal, we're not talking United States Supreme Court. [01:35:56.880 --> 01:35:59.880] We're talking federal appellate courts, right? [01:35:59.880 --> 01:36:07.880] And some Supreme Courts. I don't have all my cases lined up. This one is 2012. [01:36:07.880 --> 01:36:13.880] I would like for you to forward me that case because that case conflicts with the prior decisions [01:36:13.880 --> 01:36:17.880] that they've been going on saying that the cops have no duty. [01:36:17.880 --> 01:36:23.880] Because we had that issue of what was the guy in New York that attacked the serial killer [01:36:23.880 --> 01:36:29.880] and apprehended him while he was getting sliced and diced by the guy with a knife on a subway. [01:36:29.880 --> 01:36:32.880] It was New York, I'm pretty sure, Boston. [01:36:32.880 --> 01:36:40.880] And two cops were standing outside the door between the trains watching this happen. [01:36:40.880 --> 01:36:44.880] And not once did they offer assistance to the man. [01:36:44.880 --> 01:36:49.880] Well, that's the difference. They did not do the crime. [01:36:49.880 --> 01:36:52.880] Their crime was just watching, but there's no law against that. [01:36:52.880 --> 01:36:56.880] Remember, our laws are pretty crazy. So there's no law against that. [01:36:56.880 --> 01:37:00.880] They want to work out every conceivable thing that the people can do and make them do. [01:37:00.880 --> 01:37:04.880] But the thing about it is there is a law against that. [01:37:04.880 --> 01:37:12.880] There is a law that says you cannot leave a scene and you're required to render aid. [01:37:12.880 --> 01:37:21.880] Now, you can't say that in the case of what the alleged duty of a peace officer is within his state [01:37:21.880 --> 01:37:29.880] somehow negates the necessity of interaction and prevention and assistance in a case like this. [01:37:29.880 --> 01:37:36.880] But the Supreme Court said no, in which case the Supreme Court basically said, [01:37:36.880 --> 01:37:42.880] why should we give any credence to the so-called authority of these individuals [01:37:42.880 --> 01:37:51.880] when they are not required to perform the duty that the tax money is being taken from the people to pay them to do? [01:37:51.880 --> 01:37:53.880] That's something the Supreme Court did not address. [01:37:53.880 --> 01:38:00.880] How can the municipality take tax money from the public under the fraud [01:38:00.880 --> 01:38:04.880] that this person is here to protect you, your property, and your rights, [01:38:04.880 --> 01:38:12.880] and in the same voice say they're not required to perform the duty for which your money is being taken? [01:38:12.880 --> 01:38:15.880] Well, you know, I'd have to study that. I hear you. [01:38:15.880 --> 01:38:20.880] But all I can say is legitimate claim of entitlement. [01:38:20.880 --> 01:38:23.880] I've got cases that go as far back as 1976. [01:38:23.880 --> 01:38:25.880] Well, if you'll send them to me, Ralph, I'd be happy to read them, [01:38:25.880 --> 01:38:28.880] because I really need something to bolster that, [01:38:28.880 --> 01:38:31.880] because right now I couldn't make heads or tails [01:38:31.880 --> 01:38:33.880] on why the Supreme Court would ever make that ruling, [01:38:33.880 --> 01:38:38.880] because to me it sounds like the Supreme Court right there is violating the Constitution itself [01:38:38.880 --> 01:38:43.880] on creating opinions that violate contract. [01:38:43.880 --> 01:38:49.880] These cops are hired under a contract to perform the duties for which the public is being taxed to pay. [01:38:49.880 --> 01:38:52.880] For that officer. [01:38:52.880 --> 01:38:56.880] That contract is supposed to be binding. [01:38:56.880 --> 01:39:00.880] If I want to pay you, you're going to do what you are supposed to be doing to get that money, [01:39:00.880 --> 01:39:04.880] but they're not doing it. [01:39:04.880 --> 01:39:14.880] Well, if they, okay, if he takes your car, but he has no due process to take your car, okay, [01:39:14.880 --> 01:39:19.880] then he broke that theft law. [01:39:19.880 --> 01:39:22.880] He made a theft. [01:39:22.880 --> 01:39:27.880] You mean when he had no lawful authority to take the car. [01:39:27.880 --> 01:39:33.880] Not due process necessarily, but just no legitimate authority to begin with, [01:39:33.880 --> 01:39:40.880] and thus the taking was without due process and without legitimate authority. [01:39:40.880 --> 01:39:41.880] Right. [01:39:41.880 --> 01:39:42.880] Okay. [01:39:42.880 --> 01:39:45.880] The court on reason says that to have a legitimate claim, [01:39:45.880 --> 01:39:56.880] you must show a violation of state law because the Bill of Rights only is a security for the state law, [01:39:56.880 --> 01:39:58.880] which security, that's an insurance company. [01:39:58.880 --> 01:39:59.880] Right. [01:39:59.880 --> 01:40:01.880] But let's look at how that would work. [01:40:01.880 --> 01:40:05.880] In a rational analysis, let's look at how that would actually work. [01:40:05.880 --> 01:40:09.880] A violation of state law is what? [01:40:09.880 --> 01:40:13.880] Any legal duty, right? [01:40:13.880 --> 01:40:14.880] Yes. [01:40:14.880 --> 01:40:15.880] Okay. [01:40:15.880 --> 01:40:17.880] All right. [01:40:17.880 --> 01:40:18.880] Okay. [01:40:18.880 --> 01:40:25.880] So if these officers are being certified by the state to act as agents of the state for the purpose of enforcing that law, [01:40:25.880 --> 01:40:30.880] it isn't just one law, it's all of them, as we well know, and they'd love to tell us, [01:40:30.880 --> 01:40:36.880] which would include the laws against inflicting harm against persons and property. [01:40:36.880 --> 01:40:39.880] Right. [01:40:39.880 --> 01:40:49.880] Therefore, they are duty-bound under state law to provide assistance if they witness such an act going on. [01:40:49.880 --> 01:40:54.880] Now, I'm pretty damn sure that that would be true in any state of the union. [01:40:54.880 --> 01:40:56.880] I didn't get that connection. [01:40:56.880 --> 01:40:57.880] Huh? [01:40:57.880 --> 01:41:00.880] I did not get that connection. [01:41:00.880 --> 01:41:02.880] How do you not get it? [01:41:02.880 --> 01:41:12.880] There's a law against assault, and the purpose of a peace officer is to enforce that law so as to prevent those assaults from taking place, [01:41:12.880 --> 01:41:23.880] and he stands by as an eyewitness to an assault but does nothing, then he is drawing his paycheck under fraud. [01:41:23.880 --> 01:41:25.880] That's been a question before the courts for years. [01:41:25.880 --> 01:41:27.880] That's called pre-crime. [01:41:27.880 --> 01:41:29.880] You cannot stop a crime before it happens. [01:41:29.880 --> 01:41:32.880] Of course, they're trying to. They're trying to outlaw free things. [01:41:32.880 --> 01:41:34.880] The moment – wait a minute. [01:41:34.880 --> 01:41:37.880] This is not a crime that started before it happened. [01:41:37.880 --> 01:41:45.880] The moment an armed individual touched an unarmed individual in a manner the unarmed individual did not like, it became simple assault. [01:41:45.880 --> 01:41:47.880] Period. [01:41:47.880 --> 01:41:52.880] They can't stop it. It's already happened. [01:41:52.880 --> 01:42:01.880] They have a requirement to prevent it from continuing because at that point it becomes a breach of the peace. [01:42:01.880 --> 01:42:10.880] Well, this is the only thing that I can figure out is what they're talking about when they say I'm not stating a claim [01:42:10.880 --> 01:42:15.880] because what I'm reading says that I have not stated a claim, et cetera, et cetera. [01:42:15.880 --> 01:42:21.880] One of the motions dismissed is that, well, he hasn't stated a law to which I'm not culpable. [01:42:21.880 --> 01:42:26.880] Well, so I looked it up and I said, oh, okay, he's deaf. [01:42:26.880 --> 01:42:29.880] I did not tell him he committed death whenever he took my car. [01:42:29.880 --> 01:42:34.880] Well, actually, I did, but I did not say it the way this rule – the way – [01:42:34.880 --> 01:42:40.880] But you don't have to tell him that he's committing a crime in order to sue him for committing a crime. [01:42:40.880 --> 01:42:42.880] You don't have to charge him with what he – [01:42:42.880 --> 01:42:45.880] No, you have to – you have to attempt to charge him at the very least. [01:42:45.880 --> 01:42:48.880] Sure, that doesn't mean they're going to take the complaint. [01:42:48.880 --> 01:42:51.880] It doesn't mean you're going to successfully get a charge made. [01:42:51.880 --> 01:42:54.880] So why would you have to tell him up front he's committing a crime? [01:42:54.880 --> 01:42:56.880] He should know that. [01:42:56.880 --> 01:42:57.880] I'm talking about civil cases. [01:42:57.880 --> 01:43:03.880] So am I, but then that means your complaint would have to make the allegation he committed a crime. [01:43:03.880 --> 01:43:10.880] I mean, your suit – not the criminal complaint against him, but your actual suit would have to allege it. [01:43:10.880 --> 01:43:16.880] Well, not being in the legal business, I didn't write my suit quite as well as some people do. [01:43:16.880 --> 01:43:18.880] So it doesn't say that. [01:43:18.880 --> 01:43:25.880] It says that he committed a theft, but it doesn't say how he can be federally sued under 1983 for it. [01:43:25.880 --> 01:43:28.880] However, Nugent does say how he can be sued for it. [01:43:28.880 --> 01:43:35.880] It says that he – if he's a willing partner to someone else that got a – oh, not to do that, [01:43:35.880 --> 01:43:40.880] which would be the trooper that said, hey, let's take his car because I'm putting him in jail. [01:43:40.880 --> 01:43:46.880] We can't leave it on the side of the road, but yet he did not offer me to make a phone call to get somebody to come get it. [01:43:46.880 --> 01:43:47.880] Yeah. [01:43:47.880 --> 01:43:49.880] Well, look, we could go on about this. [01:43:49.880 --> 01:43:52.880] At least I'd love to, but you need to take other calls. [01:43:52.880 --> 01:43:53.880] So I'll work on this some more. [01:43:53.880 --> 01:43:55.880] All right, Ralph, please do it. [01:43:55.880 --> 01:43:56.880] We'll talk to you after a while. [01:43:56.880 --> 01:43:57.880] Thanks for calling in. [01:43:57.880 --> 01:44:25.880] All right, folks, we'll be right back. [01:44:27.880 --> 01:44:54.880] We'll be right back. [01:44:54.880 --> 01:44:57.880] We'll be right back. [01:45:24.880 --> 01:45:26.880] We'll be right back. [01:45:54.880 --> 01:46:04.880] And click on the banner or call toll-free 866-LAW-EZ. [01:46:24.880 --> 01:46:36.880] Bad to the bone. [01:46:36.880 --> 01:46:41.880] Keep listening to this show and that's what you will be to, bad to the bone, [01:46:41.880 --> 01:46:48.880] because you'll have more information and knowledge on this subject than any of the people that are trying to move against you, I guarantee you. [01:46:48.880 --> 01:46:49.880] Why? [01:46:49.880 --> 01:46:58.880] Because they prove time and time again that not only do they not bother to read, but when they do, they do not comprehend. [01:46:58.880 --> 01:47:04.880] Never, ever confuse education with intellect. [01:47:04.880 --> 01:47:17.880] That's what the attorneys count on you doing, to let them use their education to substitute in your mind for an actual intellect, which very few of them have. [01:47:17.880 --> 01:47:33.880] And it's easily provable by getting into a conversation with them with irrefutable facts on your side and nothing but opinion on theirs and how they insist that their opinion supersedes your facts. [01:47:33.880 --> 01:47:37.880] All right, that being said, let's get to Olivier. [01:47:37.880 --> 01:47:44.880] Olivier, what can we do for you? [01:47:44.880 --> 01:47:51.880] This is my last segment, so let's cover it as quick as we can because I still got a couple of other callers. [01:47:51.880 --> 01:47:55.880] Olivier? [01:47:55.880 --> 01:47:58.880] Uh-oh, sounds like he might have dropped again. [01:47:58.880 --> 01:48:00.880] Yeah, there you are. [01:48:00.880 --> 01:48:08.880] All right, my friend got stopped the other night and when he got stopped, they said that they were looking for me because they thought I was in the car. [01:48:08.880 --> 01:48:23.880] He called me. I called 911 and made a record of it, you know, requesting that they tell me what's going on, why they're pulling over my car, why they harassed him and stalked my friend and all that good stuff. [01:48:23.880 --> 01:48:25.880] So we made several calls. [01:48:25.880 --> 01:48:35.880] The police officer came to his house and basically gave him a ticket for driving on his license after an hour or so later. [01:48:35.880 --> 01:48:49.880] But the most interesting part is because what I really, because it's a whole bunch of stuff we could talk about, but what I want to focus on is that I got in touch with the NAACP director, the NAACP director, [01:48:49.880 --> 01:49:06.880] and he exposed the story to him and showed and explained everything to him. He's jumping on the discrimination tool on the police department, the police chief, the mayor. [01:49:06.880 --> 01:49:08.880] Yeah, racial profiling. [01:49:08.880 --> 01:49:19.880] Right, racial profiling. And like, I mean, it seems like he's more eager about it than I am. [01:49:19.880 --> 01:49:23.880] Well, yeah, but he's not going to be going after the subject that you are, so be aware of that. [01:49:23.880 --> 01:49:33.880] He's not fighting for what you're fighting for. He's fighting for the fact that there's a big fat discrimination lawsuit going on out there and a racial lawsuit going on out there. [01:49:33.880 --> 01:49:48.880] No, I understand, but I was thinking, couldn't I just ride that wave in? Then once I have the platform, I get to speak. I get to point out what I want to point out. [01:49:48.880 --> 01:49:57.880] Well, yes and no. I mean, your platform isn't their platform. Therefore, it isn't going to integrate with the facts of the cases they're trying to present it. [01:49:57.880 --> 01:50:07.880] So I don't see, the only thing you could do is if you're called to the stand to testify, is if they let you openly answer the question. [01:50:07.880 --> 01:50:11.880] You'd have to get your own attorneys to ask you questions that would let you do that. [01:50:11.880 --> 01:50:32.880] No, I'll be the one doing this. He can't do that, but he wants to bring me in in front of the chief for the chiefs to explain why they didn't allow us to file the complaint and see why the internal audit did not do anything once we went and filed. [01:50:32.880 --> 01:50:35.880] Oh, okay. So you're talking about a meeting with the police chief? [01:50:35.880 --> 01:50:42.880] Yeah, he wants to go and get everybody's record statement on record basically. [01:50:42.880 --> 01:50:50.880] Well, that's fine. No reason not to do that. But what I'm saying is if the NAACP filed a lawsuit on your behalf or anything. [01:50:50.880 --> 01:51:07.880] No, I understand that fact. What I'm trying to get from you is now I'm trying to get the tips. What would you advise me to go check up on because I would be filing this in federal, correct? [01:51:07.880 --> 01:51:09.880] Probably. [01:51:09.880 --> 01:51:11.880] It'd be easier. [01:51:11.880 --> 01:51:18.880] Well, it might be easier, but you could actually sue them both in state and federal. [01:51:18.880 --> 01:51:23.880] See, that's a lot of education. All right. So I'm listening. [01:51:23.880 --> 01:51:32.880] Yeah, you can sue them in both venues, but the difference is you got to file the state suit first, and then you can file a separate suit at the federal level. [01:51:32.880 --> 01:51:34.880] Do I have to wait to the state suit? [01:51:34.880 --> 01:51:41.880] No, no, because they are considered two separate jurisdictions. [01:51:41.880 --> 01:51:44.880] Oh, so wait a minute. So I could file all. [01:51:44.880 --> 01:51:48.880] That goes back to the case of Screws v. U.S., okay? [01:51:48.880 --> 01:51:49.880] Okay. [01:51:49.880 --> 01:51:54.880] Where the sheriff beat the black man to death on the steps of the sheriff's office. [01:51:54.880 --> 01:51:55.880] Yes. [01:51:55.880 --> 01:52:02.880] And then they got sued both in the state court and later in the federal court, and they tried to claim double jeopardy. [01:52:02.880 --> 01:52:10.880] And the federal court said no, different venue, different jurisdiction, no double jeopardy. [01:52:10.880 --> 01:52:16.880] All right. So every suit that I'm doing now, I can do it in the state and federal. [01:52:16.880 --> 01:52:24.880] Yeah, if you can show a violation of federally protected rights, absolutely. [01:52:24.880 --> 01:52:29.880] The state constitution protects your rights at the state level, right? [01:52:29.880 --> 01:52:33.880] Yeah, you just doubled up their proms, okay? [01:52:33.880 --> 01:52:40.880] Exactly. You're costing them twice as much to pursue these cases because you can sue them in both venues. [01:52:40.880 --> 01:52:43.880] You can sue them for violations under the state constitution. [01:52:43.880 --> 01:52:46.880] You can sue them for violations of the federal constitution. [01:52:46.880 --> 01:52:49.880] And the statute of limitations is still one year on both? [01:52:49.880 --> 01:52:54.880] Probably, yes, something I don't believe should ever have been the case. [01:52:54.880 --> 01:53:00.880] There should be no statute of limitations on a constitutional violation by a public official, ever. [01:53:00.880 --> 01:53:01.880] Okay. [01:53:01.880 --> 01:53:02.880] But there is. [01:53:02.880 --> 01:53:09.880] I just get my, okay, so I need to get my gears in motion and start filing the same suits that I filed, [01:53:09.880 --> 01:53:18.880] but to wreck the venue and all that other stuff and the procedures for the federal court and get those in. [01:53:18.880 --> 01:53:19.880] Yep. [01:53:19.880 --> 01:53:24.880] Oh, I thought I was, oh, all right, thank you. [01:53:24.880 --> 01:53:27.880] I'm going to have a whole bunch of questions next time, so I'm going to let you use somebody else. [01:53:27.880 --> 01:53:28.880] All right, man. [01:53:28.880 --> 01:53:30.880] Oh, wow, what a problem. [01:53:30.880 --> 01:53:31.880] Good luck. [01:53:31.880 --> 01:53:34.880] All right. [01:53:34.880 --> 01:53:36.880] Now we're going to go to Truth Raider. [01:53:36.880 --> 01:53:39.880] Raider, what do you got? [01:53:39.880 --> 01:53:43.880] The Truth Raider loves a new bump of music, big dog. [01:53:43.880 --> 01:53:46.880] Well, glad you like it. [01:53:46.880 --> 01:53:48.880] Getting some style into the show. [01:53:48.880 --> 01:53:50.880] We're working on it. [01:53:50.880 --> 01:53:52.880] Now let's get some into your call. [01:53:52.880 --> 01:53:53.880] What do you got? [01:53:53.880 --> 01:53:56.880] Yeah, several attorneys. [01:53:56.880 --> 01:54:01.880] I put the Eddie Craig test to these attorneys. [01:54:01.880 --> 01:54:04.880] Which is? [01:54:04.880 --> 01:54:11.880] Asking them, what do they know about the true nature of the transportation code? [01:54:11.880 --> 01:54:22.880] Asking them, do you know the difference in the statutes, what is commercial and what is private activity? [01:54:22.880 --> 01:54:28.880] Look, I know you got this Cheetos Cheetah thing going on here right now with the cool dude glasses and all that shit, [01:54:28.880 --> 01:54:31.880] but pardon my French, can you get this on a roll? [01:54:31.880 --> 01:54:34.880] I'm running out of time and I got more callers. [01:54:34.880 --> 01:54:37.880] Every single one of them failed. [01:54:37.880 --> 01:54:39.880] You've been vindicated, big guy. [01:54:39.880 --> 01:54:40.880] Well, thank you. [01:54:40.880 --> 01:54:44.880] That's not something I'd really have to find out because I already know it. [01:54:44.880 --> 01:54:46.880] They proved time and time again that they failed. [01:54:46.880 --> 01:54:47.880] Yeah. [01:54:47.880 --> 01:54:53.880] We're just going to make that announced on the radio to keep your credibility consistent. [01:54:53.880 --> 01:54:55.880] Well, I appreciate that. [01:54:55.880 --> 01:54:59.880] You are very important to my credibility, Raider. [01:54:59.880 --> 01:55:07.880] Anyway, seven consecutive times they've had their chance and each and every time they failed to engage me, [01:55:07.880 --> 01:55:15.880] which is the officer sitting there by the side of the road and having this ample opportunity to pull behind me and initiate another illegal traffic stop. [01:55:15.880 --> 01:55:17.880] So it's working. [01:55:17.880 --> 01:55:18.880] Well, good. [01:55:18.880 --> 01:55:19.880] Make them afraid of you. [01:55:19.880 --> 01:55:21.880] It's the only way it's going to work. [01:55:21.880 --> 01:55:23.880] Absolutely. [01:55:23.880 --> 01:55:25.880] And that's all I've got. [01:55:25.880 --> 01:55:26.880] All right, man. [01:55:26.880 --> 01:55:27.880] Well, thanks for calling in. [01:55:27.880 --> 01:55:29.880] Good night and God bless. [01:55:29.880 --> 01:55:30.880] You too, Raider. [01:55:30.880 --> 01:55:32.880] Bye. [01:55:32.880 --> 01:55:33.880] All right. [01:55:33.880 --> 01:55:40.880] Now I've got, well, looks like either Smith in Tyler or Tyler Smith, which is it? [01:55:40.880 --> 01:55:41.880] It's Tyler Smith. [01:55:41.880 --> 01:55:42.880] Well, all right. [01:55:42.880 --> 01:55:44.880] What you got, Tyler Smith? [01:55:44.880 --> 01:55:58.880] Yes, I've been watching your videos on YouTube and I tried to use your script and I got pulled over because my registration was expired. [01:55:58.880 --> 01:56:01.880] It was seven days, no, eight days expired. [01:56:01.880 --> 01:56:08.880] I got pulled over on October 8th and he followed me for a couple of blocks. [01:56:08.880 --> 01:56:15.880] He pulled me over for expired registration and I didn't give him my driver's license or my name or date of birth. [01:56:15.880 --> 01:56:17.880] I didn't give him anything. [01:56:17.880 --> 01:56:24.880] And he's seen the script in my lap and he says, we're not playing this game. [01:56:24.880 --> 01:56:27.880] And he opens my door and says, I'm under arrest. [01:56:27.880 --> 01:56:28.880] I said, for what? [01:56:28.880 --> 01:56:30.880] He said, expired registration. [01:56:30.880 --> 01:56:32.880] I said, okay. [01:56:32.880 --> 01:56:34.880] And I didn't answer any of his questions. [01:56:34.880 --> 01:56:38.880] He pulled me down soundly and pounded my truck and now... [01:56:38.880 --> 01:56:48.880] Now you were listening at the beginning of the show when I told you specifically that there is no arrest authority granted to any officer, DPS or otherwise, for registration. [01:56:48.880 --> 01:56:50.880] It's in the wrong title. [01:56:50.880 --> 01:56:55.880] Subtitle C of the Transportation Code is chapters 541 through 600. [01:56:55.880 --> 01:57:05.880] These are the only chapters in which warrantless arrest authority is granted to a peace officer, in this case DPS, not just any cop. [01:57:05.880 --> 01:57:12.880] 502 is registration, way outside of Subtitle C. [01:57:12.880 --> 01:57:22.880] They have zero authority to do a warrantless arrest for that offense, if in fact you could have even committed the offense, which you can. [01:57:22.880 --> 01:57:25.880] Plus, Texas has a grace period on registration. [01:57:25.880 --> 01:57:28.880] It's 10 days. [01:57:28.880 --> 01:57:30.880] Okay. [01:57:30.880 --> 01:57:34.880] So he charged me with failure to ID, failure to display... [01:57:34.880 --> 01:57:39.880] But did he ever ask you to produce identification? [01:57:39.880 --> 01:57:40.880] Yeah, he asked for my... [01:57:40.880 --> 01:57:41.880] Okay, hold on. [01:57:41.880 --> 01:57:42.880] Hold on. [01:57:42.880 --> 01:57:47.880] Did you give him your name, address and date of birth? [01:57:47.880 --> 01:57:48.880] No, I did not. [01:57:48.880 --> 01:57:52.880] Did you refuse to give it? [01:57:52.880 --> 01:57:54.880] Yeah, I think... [01:57:54.880 --> 01:58:00.880] Okay, does the script tell you to refuse to give it? [01:58:00.880 --> 01:58:01.880] No, it does not. [01:58:01.880 --> 01:58:08.880] It tells you specifically what the criteria is for when you should give it and what is required to be given and how. [01:58:08.880 --> 01:58:10.880] Yeah, 38.02. [01:58:10.880 --> 01:58:12.880] No, that's the offense. [01:58:12.880 --> 01:58:16.880] Okay, as far as the script is concerned, you don't refuse. [01:58:16.880 --> 01:58:22.880] But once you clarify whether or not you're in a custodial arrest, you give them your name, address and date of birth. [01:58:22.880 --> 01:58:27.880] Nothing requires physical production of a state-issued ID. [01:58:27.880 --> 01:58:29.880] Well, I'm pretty much saying that when you're reading it. [01:58:29.880 --> 01:58:30.880] Yeah. [01:58:30.880 --> 01:58:31.880] All right, Tyler, I really got to go. [01:58:31.880 --> 01:58:32.880] I'm running out of time. [01:58:32.880 --> 01:58:39.880] If you will send me an email to Eddie at ruleoflawradio.com with your contact information, we can talk about this a little further. [01:58:39.880 --> 01:58:43.880] All right, folks, this has been the Monday Night Rule of Law Radio Show with your host, Eddie Craig. [01:58:43.880 --> 01:58:45.880] Thank you all for calling in and for listening. [01:58:45.880 --> 01:58:46.880] You all have a great week. [01:58:46.880 --> 01:59:15.880] God bless. [01:59:16.880 --> 01:59:43.880] We'll see you next time. [01:59:46.880 --> 01:59:48.880] See you next time.