[00:00.000 --> 00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.800 --> 00:09.460]  They guarantee the specific freedoms Americans should know and protect.
[00:09.460 --> 00:10.880]  Our liberty depends on it.
[00:10.880 --> 00:14.860]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.860 --> 00:16.960]  your First Amendment rights.
[00:16.960 --> 00:18.560]  Privacy is under attack.
[00:18.560 --> 00:22.160]  When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.920 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:33.000]  Privacy.
[00:33.000 --> 00:34.680]  It's worth hanging on to.
[00:34.680 --> 00:39.000]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.000 --> 00:42.520]  engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.520]  Start over with Startpage.
[00:44.520 --> 00:45.520]  Spar.
[00:45.520 --> 00:47.800]  It's what fighters do.
[00:47.800 --> 00:51.280]  It's also how I remember the five guarantees of the First Amendment.
[00:51.280 --> 00:54.480]  If you plan to take away my rights, I'm going to spar with you.
[00:54.480 --> 01:01.600]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.600 --> 01:02.960]  and R for religion.
[01:02.960 --> 01:07.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:08.560]  assembly, and religion.
[01:08.560 --> 01:10.520]  But petition for redress is another matter.
[01:10.520 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:18.120]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.800]  the reasons without fear of being thrown into jail.
[01:20.800 --> 01:31.080]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.160]  They guarantee the specific freedoms Americans should know and protect.
[01:38.160 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.680]  one of your constitutional rights.
[01:46.680 --> 01:48.280]  Privacy is under attack.
[01:48.280 --> 01:51.880]  When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.440]  Privacy, it's worth hanging on to.
[02:04.440 --> 02:08.720]  This public service announcement is brought to you by Startpage.com, the private search
[02:08.720 --> 02:12.260]  engine alternative to Google, Yahoo, and Bing.
[02:12.260 --> 02:15.840]  Start over with Startpage.
[02:15.840 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.240]  of Rights in a big old bear hug.
[02:22.240 --> 02:26.760]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.760 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:43.280]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.280 --> 02:47.840]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.840 --> 02:50.480]  historically has proved to always be possible.
[02:50.480 --> 02:52.480]  I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:16.240]  More news and information at CatherineAlbrecht.com.
[03:23.480 --> 03:50.240]  the right of the citizens to bear arms is just one guarantee against arbitrary conduct,
[03:50.240 --> 04:08.080]  one more safeguard against the tyranny which now appears remote in America, but which
[04:08.080 --> 04:34.640]  historically has proved to always be possible, one more safeguard against the tyranny which
[04:34.640 --> 04:58.320]  now appears remote in America, but which historically has proved to always be possible,
[04:58.320 --> 05:28.240]  one more safeguard against the tyranny which now appears remote in America, but which
[05:28.240 --> 05:55.520]  now appears remote in America, but which now appears remote in America, but which now
[05:55.520 --> 06:13.840]  appears remote in America, but which now appears remote in America, but which now appears
[06:13.840 --> 06:32.160]  remote in America, but which now appears remote in America, but which now appears
[06:32.160 --> 06:50.480]  remote in America, but which now appears remote in America, but which now appears
[06:50.480 --> 07:08.800]  remote in America, but which now appears remote in America, but which now appears
[07:08.800 --> 07:27.120]  remote in America, but which now appears remote in America, but which now appears
[07:27.120 --> 07:45.440]  remote in America, but which now appears remote in America, but which now appears
[07:45.440 --> 08:02.240]  remote in America, but which now appears remote in America, but which now appears
[08:02.240 --> 08:19.040]  remote in America, but which now appears remote in America, but which now appears
[08:19.040 --> 08:35.840]  remote in America, but which now appears remote in America, but which now appears
[08:35.840 --> 08:52.640]  remote in America, but which now appears remote in America, but which now appears
[08:52.640 --> 09:09.440]  remote in America, but which now appears remote in America, but which now appears
[09:09.440 --> 09:26.240]  remote in America, but which now appears remote in America, but which now appears
[09:26.240 --> 09:43.040]  remote in America, but which now appears remote in America, but which now appears
[09:43.040 --> 09:59.840]  remote in America, but which now appears remote in America, but which now appears
[09:59.840 --> 10:16.640]  remote in America, but which now appears remote in America, but which now appears
[10:16.640 --> 10:33.440]  remote in America, but which now appears remote in America, but which now appears
[10:33.440 --> 10:50.240]  remote in America, but which now appears remote in America, but which now appears
[10:50.240 --> 11:07.040]  remote in America, but which now appears remote in America, but which now appears
[11:07.040 --> 11:23.840]  remote in America, but which now appears remote in America, but which now appears
[11:23.840 --> 11:40.640]  remote in America, but which now appears remote in America, but which now appears
[11:40.640 --> 11:57.440]  remote in America, but which now appears remote in America, but which now appears
[11:57.440 --> 12:14.240]  remote in America, but which now appears remote in America, but which now appears
[12:14.240 --> 12:31.040]  remote in America, but which now appears remote in America, but which now appears
[12:31.040 --> 12:47.840]  remote in America, but which now appears remote in America, but which now appears
[12:47.840 --> 13:04.640]  remote in America, but which now appears remote in America, but which now appears
[13:04.640 --> 13:21.440]  remote in America, but which now appears remote in America, but which now appears
[13:21.440 --> 13:38.240]  remote in America, but which now appears remote in America, but which now appears
[13:38.240 --> 13:55.040]  remote in America, but which now appears remote in America, but which now appears
[13:55.040 --> 14:11.840]  remote in America, but which now appears remote in America, but which now appears
[14:11.840 --> 14:28.640]  remote in America, but which now appears remote in America.
[14:28.640 --> 14:43.440]  We only have two, and they're both called county court at law. Is a county court at law a statutory county court?
[14:43.440 --> 14:47.840]  Yes, that's a statutory one. So it looks like we have no constitutional county court.
[14:47.840 --> 14:54.240]  Do you have a county judge? We have two.
[14:54.240 --> 15:00.240]  Are they letting the other one just kind of languish? That's interesting.
[15:00.240 --> 15:08.640]  I'm not sure what's going on. We had one for a long time, and it was called a county court at law.
[15:08.640 --> 15:16.240]  Or at least I think it was. I'll have to check that out. I know the county judge really well.
[15:16.240 --> 15:27.040]  I'll contact him with that question. He kind of likes it when I bring in complex questions like that.
[15:27.040 --> 15:35.040]  He don't like it as much when I'm trying to get him to arrest somebody, but he does like it when I bring him hard questions.
[15:35.040 --> 15:42.640]  Yeah, so there's something to be thinking about. And drag to the county court.
[15:42.640 --> 15:48.640]  And let me make a moral or I guess philosophical point about this.
[15:48.640 --> 15:55.040]  Most people, when they look at law, they think everything has been covered and handled and addressed.
[15:55.040 --> 16:07.040]  Absolutely it has not. And even if it was addressed years ago, things change in the interim and it has to be addressed again.
[16:07.040 --> 16:20.240]  So the statutes themselves or the law and the way it's done is not chiseled in stone.
[16:20.240 --> 16:29.640]  It's always moving and changing. Sometimes it moves correctly, sometimes it does not.
[16:29.640 --> 16:38.240]  For the most part, these guys can do whatever they want to because we the people don't rise up and rail in indignation enough.
[16:38.240 --> 16:40.840]  Yeah, for the most part, we're not even looking.
[16:40.840 --> 16:50.440]  Yeah, and some of these things are so complex. It makes them wonderful tools to bring into court and beat the judge over the head with.
[16:50.440 --> 17:00.040]  Hang on, we're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio, a call in number 512-646-1984.
[17:00.040 --> 17:05.040]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[17:05.040 --> 17:08.840]  Stop debt collectors now with the Michael Mears proven method.
[17:08.840 --> 17:14.440]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[17:14.440 --> 17:20.640]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes,
[17:20.640 --> 17:26.440]  what to do when contacted by phone, mail or court summons, how to answer letters and phone calls,
[17:26.440 --> 17:33.640]  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.
[17:33.640 --> 17:38.440]  The Michael Mears proven method is the solution for how to stop debt collectors.
[17:38.440 --> 17:44.440]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[17:44.440 --> 17:49.440]  and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[17:49.440 --> 18:00.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[18:00.440 --> 18:06.440]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[18:06.440 --> 18:12.440]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[18:12.440 --> 18:17.440]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[18:17.440 --> 18:24.440]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[18:24.440 --> 18:32.440]  Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true Gospel message.
[18:32.440 --> 18:39.440]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[18:39.440 --> 18:44.440]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:44.440 --> 18:50.440]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[18:50.440 --> 19:03.440]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[19:20.440 --> 19:24.440]  Look what we got.
[19:24.440 --> 19:27.440]  Only ask the Christians.
[19:27.440 --> 19:29.440]  They don't know what God is.
[19:29.440 --> 19:32.440]  They don't have the answers.
[19:32.440 --> 19:34.440]  Only ask the Christians.
[19:34.440 --> 19:37.440]  Only ask the Christians.
[19:37.440 --> 19:39.440]  Look what we got.
[19:39.440 --> 19:42.440]  And they don't have the answers.
[19:42.440 --> 19:44.440]  Let's hope and slip aside.
[19:44.440 --> 19:54.440]  They don't have no issues to see, Lord, how the war went and if it's easy. They might not wait too politically and then get in at them angry.
[19:54.440 --> 19:59.440]  But they're not standing up and fighting for the freedom and the freedom.
[19:59.440 --> 20:04.440]  And they like them love slavery and get handouts from the government's religion.
[20:04.440 --> 20:07.440]  Only ask the Christians.
[20:07.440 --> 20:09.440]  They don't know what God is.
[20:09.440 --> 20:12.440]  They don't have the answers.
[20:12.440 --> 20:15.440]  Only ask the Christians.
[20:15.440 --> 20:16.440]  Okay, we are back.
[20:16.440 --> 20:19.440]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[20:19.440 --> 20:21.440]  And we had some callers.
[20:21.440 --> 20:24.440]  They just had one drop off.
[20:24.440 --> 20:30.440]  I've got a municipal court story, but I'll save it for tomorrow night.
[20:30.440 --> 20:37.440]  I had a Zoom meeting and had great fun at the meeting as the judge to arrest the clerk.
[20:37.440 --> 20:38.440]  Oh, it was great fun.
[20:38.440 --> 20:40.440]  Then arrest himself.
[20:40.440 --> 20:41.440]  He wouldn't do either.
[20:41.440 --> 20:43.440]  We'll talk about that tomorrow.
[20:43.440 --> 20:45.440]  We've got some callers.
[20:45.440 --> 20:47.440]  Let's go to Daisy in Ohio.
[20:47.440 --> 20:50.440]  Hello, Daisy.
[20:50.440 --> 20:51.440]  Hello.
[20:51.440 --> 20:53.440]  How are you guys doing?
[20:53.440 --> 20:57.440]  What do you have for us today?
[20:57.440 --> 21:01.440]  I have a question.
[21:01.440 --> 21:02.440]  Whoa, whoa, whoa.
[21:02.440 --> 21:03.440]  Hold on, hold on.
[21:03.440 --> 21:09.440]  It sounds like you're on a hands-free device because it sounds like your head's in the toilet.
[21:09.440 --> 21:10.440]  Oh.
[21:10.440 --> 21:15.440]  You know that echoing sound it makes when your head's in the toilet?
[21:15.440 --> 21:19.440]  Oh, maybe you wouldn't know that.
[21:19.440 --> 21:25.440]  I learned that when I was in the military drinking 3.2 beer.
[21:25.440 --> 21:27.440]  Okay, go ahead.
[21:27.440 --> 21:28.440]  Okay.
[21:28.440 --> 21:29.440]  Is this better?
[21:29.440 --> 21:31.440]  Much better.
[21:31.440 --> 21:32.440]  Okay.
[21:32.440 --> 21:34.440]  Well, I'm calling actually.
[21:34.440 --> 21:35.440]  I have a whole new matter now.
[21:35.440 --> 21:38.440]  It's amazing how they pile up.
[21:38.440 --> 21:46.440]  But I was pulled over a few days ago, maybe less than a week.
[21:46.440 --> 21:53.440]  And I was given a citation, and now I have a court date in a few days.
[21:53.440 --> 22:03.440]  And I'm just looking for some advice on how to challenge the traffic citation, where to start.
[22:03.440 --> 22:10.440]  And actually, when I was pulled over, I'd been listening to Eddie Craig's traffic.
[22:10.440 --> 22:11.440]  Wait, wait, wait.
[22:11.440 --> 22:13.440]  Eddie who?
[22:13.440 --> 22:14.440]  Is it Eddie Craig?
[22:14.440 --> 22:15.440]  Just kidding, just kidding.
[22:15.440 --> 22:18.440]  Oh.
[22:18.440 --> 22:20.440]  I've got so many people I'm listening to.
[22:20.440 --> 22:21.440]  Yeah, that's right.
[22:21.440 --> 22:24.440]  So I really didn't know.
[22:24.440 --> 22:26.440]  I didn't have it memorized or anything.
[22:26.440 --> 22:31.440]  And I wasn't 100% sure that I was ready to try it out.
[22:31.440 --> 22:36.440]  Yeah, we never feel like we are until it just happens, and you have to do it,
[22:36.440 --> 22:40.440]  and you just get pushed into it, and thrown in the deep end, and here we go.
[22:40.440 --> 22:42.440]  Yeah, it was kind of like that.
[22:42.440 --> 22:44.440]  And I was up to the moment of him approaching my car.
[22:44.440 --> 22:46.440]  I was like, should I do this?
[22:46.440 --> 22:49.440]  And my daughter was in the passenger seat.
[22:49.440 --> 22:53.440]  But, you know, he came up to my car, and the first thing he said was, where are you coming from?
[22:53.440 --> 22:55.440]  And I was like, I don't know, answering these questions.
[22:55.440 --> 22:58.440]  So I just kind of went for it.
[22:58.440 --> 23:02.440]  I mean, you know, I maintained my composure and was polite,
[23:02.440 --> 23:11.440]  but I did essentially not consent to giving him my property or giving him any paperwork,
[23:11.440 --> 23:15.440]  and I didn't consent to answering his question.
[23:15.440 --> 23:16.440]  So he did.
[23:16.440 --> 23:17.440]  Good girl.
[23:17.440 --> 23:18.440]  He gave me a ticket.
[23:18.440 --> 23:20.440]  Yeah, thank you.
[23:20.440 --> 23:24.440]  You know, at one point he was like, oh, you've got to stop watching so much YouTube,
[23:24.440 --> 23:30.440]  and kind of funny and stuff, and he didn't know what to do, really.
[23:30.440 --> 23:31.440]  He actually called backup.
[23:31.440 --> 23:35.440]  And then they got kind of aggressive because his backup, the young,
[23:35.440 --> 23:41.440]  as she was a female cop, just had this like bright light in my face on my side,
[23:41.440 --> 23:43.440]  and he had like the floodlights.
[23:43.440 --> 23:47.440]  He threatened to tow my car if I wouldn't show him the insurance.
[23:47.440 --> 23:51.440]  And I said, you know, I don't consent to giving my property,
[23:51.440 --> 23:54.440]  and I definitely don't consent to be towing my property.
[23:54.440 --> 23:58.440]  And that seemed to be an empty threat because he walked away
[23:58.440 --> 24:00.440]  and came back with basically a ticket.
[24:00.440 --> 24:04.440]  And I did tell him, you know, I said, if you're going to ticket me or whatever,
[24:04.440 --> 24:09.440]  you know, just do what you're going to do, and I'll handle it later.
[24:09.440 --> 24:18.440]  You know, I finally gave him my – I ended up giving him my name and date of birth.
[24:18.440 --> 24:23.440]  And so, again, I may have said things that weren't exactly correct,
[24:23.440 --> 24:25.440]  but, you know, I said I really don't consent to this,
[24:25.440 --> 24:30.440]  but I am feeling, you know, a little uncomfortable and intimidated.
[24:30.440 --> 24:32.440]  You know, I don't want things to escalate.
[24:32.440 --> 24:33.440]  Perfect.
[24:33.440 --> 24:34.440]  So, you know, I'll give you the information.
[24:34.440 --> 24:35.440]  See, that's great.
[24:35.440 --> 24:37.440]  Yeah, way to go.
[24:37.440 --> 24:41.440]  So you kept yourself safe, and you covered it on the record
[24:41.440 --> 24:49.440]  so that there's no confusion about whether you were just doing this freely or under compulsion.
[24:49.440 --> 24:50.440]  It's really clear.
[24:50.440 --> 24:51.440]  Way to go.
[24:51.440 --> 24:52.440]  Yes, I remember you saying that.
[24:52.440 --> 24:56.440]  So that's kind of what I wanted to make sure I had on the record.
[24:56.440 --> 25:00.440]  You know, at one point he told me that, you know, I was making things complicated,
[25:00.440 --> 25:03.440]  and I said I was just driving and minding my own business,
[25:03.440 --> 25:07.440]  and you pulled me over with a gun, so I think you made it complicated.
[25:07.440 --> 25:11.440]  You know, I think this has become complicated based on that.
[25:11.440 --> 25:14.440]  I'm just trying to, you know, mind my own business.
[25:14.440 --> 25:19.440]  But basically all that aside, now I have an actual court date that he...
[25:19.440 --> 25:25.440]  I don't think he...he pulled me over for not having lights on my license plate.
[25:25.440 --> 25:28.440]  It's like a really minor thing.
[25:28.440 --> 25:35.440]  And then he ended up citing me for failure to ID and the license plate,
[25:35.440 --> 25:37.440]  not having lights on the license plate.
[25:37.440 --> 25:39.440]  So I've looked up the codes.
[25:39.440 --> 25:42.440]  The failure to ID thing is interesting because when I told...
[25:42.440 --> 25:48.440]  when he basically came back to the car after I told him I didn't consent to giving him my property,
[25:48.440 --> 25:52.440]  and then he walked off, called backup, or did whatever, and then he came back and he said,
[25:52.440 --> 25:54.440]  well, you don't have to show me your driver's license,
[25:54.440 --> 26:00.440]  but you do have to give me your date of birth and name.
[26:00.440 --> 26:04.440]  So I thought that was interesting because then he's actually cited me,
[26:04.440 --> 26:10.440]  which it seems to be the higher violation for not showing my ID.
[26:10.440 --> 26:13.440]  Wait a minute.
[26:13.440 --> 26:17.440]  Did you give him your date of birth and name?
[26:17.440 --> 26:19.440]  I did.
[26:19.440 --> 26:24.440]  Then you need to charge him with aggravated perjury and have him with a government document.
[26:24.440 --> 26:27.440]  Yeah, because you did identify yourself.
[26:27.440 --> 26:33.440]  And the cool thing about that is that you have to be lawfully arrested.
[26:33.440 --> 26:38.440]  That's one of the elements of failure to ID.
[26:38.440 --> 26:40.440]  Now, is that state by state?
[26:40.440 --> 26:42.440]  I mean, is that all states?
[26:42.440 --> 26:43.440]  Yes, it could be.
[26:43.440 --> 26:44.440]  Because I'm trying.
[26:44.440 --> 26:45.440]  I'm finding this.
[26:45.440 --> 26:49.440]  Take a look in your local, what was it you say, Ohio?
[26:49.440 --> 26:54.440]  Yeah, you'll have to see if Ohio has that, but probably it is.
[26:54.440 --> 26:56.440]  Texas has it that way.
[26:56.440 --> 26:58.440]  I've seen other states have it that way.
[26:58.440 --> 27:00.440]  Take a look.
[27:00.440 --> 27:05.440]  If you weren't lawfully arrested first, why should you have to identify yourself?
[27:05.440 --> 27:10.440]  And that goes to federal law.
[27:10.440 --> 27:13.440]  Okay.
[27:13.440 --> 27:17.440]  The police can't just come up and ask you for your papers.
[27:17.440 --> 27:22.440]  So when I was looking up the code that I've supposedly in violation,
[27:22.440 --> 27:29.440]  it says the operator of a motor vehicle shall display the operator's driver's license
[27:29.440 --> 27:35.440]  or furnish satisfactory proof upon the demand of a peace officer.
[27:35.440 --> 27:38.440]  But those are special words, right?
[27:38.440 --> 27:39.440]  Right.
[27:39.440 --> 27:42.440]  So I'm still researching what an operator is.
[27:42.440 --> 27:43.440]  Okay, wait, wait, wait.
[27:43.440 --> 27:50.440]  If the officer said that you do need to give him your name and date of birth,
[27:50.440 --> 27:56.440]  that becomes satisfactory proof.
[27:56.440 --> 28:03.440]  And then accused you of failure to identify when in fact you did identify,
[28:03.440 --> 28:10.440]  and that's verified by the fact that he knew what name to put on the criminal complaint.
[28:10.440 --> 28:13.440]  That's aggravated perjury.
[28:13.440 --> 28:17.440]  Okay, I'm writing that.
[28:17.440 --> 28:25.440]  And what we're doing here is we're dealing with the merits of the case.
[28:25.440 --> 28:31.440]  And always before we get to the merits, we need to go to jurisdiction.
[28:31.440 --> 28:39.440]  Who in Ohio is authorized to enforce the commercial transportation code?
[28:39.440 --> 28:50.440]  And what evidence does the officer have to believe that you fall within the statutory scheme?
[28:50.440 --> 28:57.440]  By that I mean, what evidence does he have to believe that you are operating in such a circumstance
[28:57.440 --> 29:03.440]  so that you needed a commercial license?
[29:03.440 --> 29:07.440]  In the trucking industry, they call that deadheading.
[29:07.440 --> 29:12.440]  If a truck driver drops a load off at a warehouse,
[29:12.440 --> 29:17.440]  and then he has to go to another warehouse to pick up the next load,
[29:17.440 --> 29:23.440]  generally in that time between one warehouse and another,
[29:23.440 --> 29:27.440]  and I say generally because if the warehouse is belonging to the same company,
[29:27.440 --> 29:30.440]  then you may bill that time to the company.
[29:30.440 --> 29:34.440]  But if they're different companies and you're not billing this time to one of the companies,
[29:34.440 --> 29:38.440]  then you're not operating in commerce, you're deadheading.
[29:38.440 --> 29:46.440]  And in that case, you do not fall within the statutory scheme of the commercial transportation code.
[29:46.440 --> 29:48.440]  Does that make sense?
[29:48.440 --> 29:50.440]  It does make sense to me.
[29:50.440 --> 29:53.440]  The officer didn't think it made much sense.
[29:53.440 --> 29:55.440]  Okay, we don't care about the officer.
[29:55.440 --> 29:58.440]  We'll teach him some lessons on the other side of the break.
[29:58.440 --> 30:01.440]  We're going to go to our sponsors.
[30:01.440 --> 30:04.440]  Businesses ask you for a lot of personal information,
[30:04.440 --> 30:06.440]  and you may trust them to keep it safe.
[30:06.440 --> 30:11.440]  But it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.440 --> 30:15.440]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:15.440 --> 30:17.440]  Privacy is under attack.
[30:17.440 --> 30:20.440]  When you give up data about yourself, you'll never get it back again.
[30:20.440 --> 30:25.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.440 --> 30:30.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.440 --> 30:33.440]  Privacy, it's worth hanging on to.
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[30:51.440 --> 30:54.440]  But what happens if it escapes their control?
[30:54.440 --> 30:55.440]  It's not an idle question.
[30:55.440 --> 31:03.440]  According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
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[31:17.440 --> 31:21.440]  Too bad other companies don't treat your data the same way.
[31:21.440 --> 31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:31.440]  I lost my son.
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[31:33.440 --> 31:34.440]  My son.
[31:34.440 --> 31:35.440]  On September 11, 2001.
[31:35.440 --> 31:38.440]  Most people don't know that a third tower fell on September 11.
[31:38.440 --> 31:42.440]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.440 --> 31:46.440]  Although the official explanation is that fire brought down Building 7,
[31:46.440 --> 31:50.440]  over 1,200 architects and engineers have looked into the evidence
[31:50.440 --> 31:52.440]  and believe there is more to the story.
[31:52.440 --> 31:53.440]  Bring justice to my son.
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[31:55.440 --> 31:56.440]  My son.
[31:56.440 --> 31:57.440]  Go to buildingwhat.org.
[31:57.440 --> 32:01.440]  Why it fell, why it matters, and what you can do.
[32:01.440 --> 32:05.440]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.440 --> 32:08.440]  In today's America, we live in an us-against-them society,
[32:08.440 --> 32:10.440]  and if we the people are ever going to have a free society,
[32:10.440 --> 32:13.440]  then we're going to have to stand and defend our own rights.
[32:13.440 --> 32:15.440]  Among those rights are the right to travel freely from place to place,
[32:15.440 --> 32:17.440]  the right to act in our own private capacity,
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[32:22.440 --> 32:25.440]  to learn how to enforce and preserve our rights through due process.
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[33:33.440 --> 33:56.440]  When you're gonna stop abuse, your power.
[33:56.440 --> 34:02.440]  So please Mr. McClan, teach officers not to abuse their power.
[34:02.440 --> 34:07.440]  Send a request to the leader, the captain of all officers.
[34:07.440 --> 34:13.440]  Tell them to uphold the law, and please don't abuse their power.
[34:13.440 --> 34:18.440]  The beat and the beat and the cheat and the cheat and the light every hour.
[34:18.440 --> 34:24.440]  So Mr. Officer, please stop abusing your power.
[34:24.440 --> 34:29.440]  Move me over, I tell you to be silent, sir.
[34:29.440 --> 34:35.440]  I need to speak to my lawyer, Mr. Officer.
[34:35.440 --> 34:40.440]  I feel like you're the judge, finding me guilty, sir.
[34:40.440 --> 34:43.440]  So when you're gonna stop abuse...
[34:43.440 --> 34:45.440]  Okay, we are back.
[34:45.440 --> 34:50.440]  Randy Kelton, Brett Fountain, ruleoflawradio, and we're talking to Daisy in Ohio.
[34:50.440 --> 34:54.440]  Okay, Daisy, I have a question.
[34:54.440 --> 34:59.440]  Why do you want to fight this particular issue?
[34:59.440 --> 35:06.440]  Because I just feel that it's wrong, and I don't...
[35:06.440 --> 35:14.440]  I want to know how to manage this when it happens again.
[35:14.440 --> 35:19.440]  Okay, that was exactly the answer I was looking for.
[35:19.440 --> 35:25.440]  Because I always tell people, pick your fights very carefully.
[35:25.440 --> 35:31.440]  And if you're taking on this fight to learn how things work, then that is the best reason.
[35:31.440 --> 35:43.440]  And a traffic citation, the traffic courts are absolutely by far the worst.
[35:43.440 --> 35:49.440]  They are so accustomed to everybody just doing everything they say,
[35:49.440 --> 35:55.440]  that when somebody comes along and takes them on, they don't have a clue, and they screw up everything.
[35:55.440 --> 36:04.440]  I just had a Zoom meeting with a municipal court here where I live, a small town.
[36:04.440 --> 36:09.440]  Oh, it was so much fun.
[36:09.440 --> 36:18.440]  I asked the judge to arrest the court, then I asked the judge to arrest himself.
[36:18.440 --> 36:22.440]  Oh, gosh, it was fun.
[36:22.440 --> 36:25.440]  Oh, that's hilarious.
[36:25.440 --> 36:27.440]  What are they going to do?
[36:27.440 --> 36:31.440]  They're going to charge you what they would have charged you anyway.
[36:31.440 --> 36:36.440]  So, technically, you don't have anything to lose.
[36:36.440 --> 36:39.440]  You bargrieve the lawyer a time or two, and you file.
[36:39.440 --> 36:45.440]  Generally, municipal judges are also lawyers, so you bargrieve them too.
[36:45.440 --> 36:50.440]  Just beat them up good and figure out how all this stuff works.
[36:50.440 --> 36:52.440]  Well, I guess that's where I'm coming.
[36:52.440 --> 36:54.440]  I'm not sure how it works.
[36:54.440 --> 37:00.440]  I'm afraid I'm going to go in and, you know, at the end of the day, you're right, it's a minor thing.
[37:00.440 --> 37:09.440]  I mean, I guess they can actually fine me up to $1,000 on this failure to ID thing.
[37:09.440 --> 37:16.440]  They know for certain the failure to ID will never, ever pass constitutional muster,
[37:16.440 --> 37:24.440]  but they file the higher level so that the prosecutor can play poker with you.
[37:24.440 --> 37:27.440]  Let's make a deal.
[37:27.440 --> 37:28.440]  Right.
[37:28.440 --> 37:31.440]  He's made a mistake.
[37:31.440 --> 37:38.440]  He has a charge in there that's absolutely unsupportable.
[37:38.440 --> 37:41.440]  He needs you not to know that.
[37:41.440 --> 37:47.440]  If you tell him, look, I want this failure to appear to go before a jury.
[37:47.440 --> 37:49.440]  I want this adjudicated.
[37:49.440 --> 37:53.440]  That policeman did this wrong, and you should have thrown it out.
[37:53.440 --> 37:56.440]  I want this before a jury.
[37:56.440 --> 38:01.440]  The prosecutor is going to be back there, and if you listen real close,
[38:01.440 --> 38:05.440]  you could probably hear his anal sphincter muscles squeeze shut
[38:05.440 --> 38:11.440]  because he absolutely does not want to go to court with his nonsense.
[38:11.440 --> 38:15.440]  They do it all the time just as a bargaining chip,
[38:15.440 --> 38:21.440]  but when they get somebody that knows it's just a bargaining chip, changes everything.
[38:21.440 --> 38:29.440]  So have you looked at the criminal procedure code for Ohio?
[38:29.440 --> 38:32.440]  So I'm looking at it.
[38:32.440 --> 38:34.440]  Read it.
[38:34.440 --> 38:37.440]  You start at the beginning and just cruise through it.
[38:37.440 --> 38:39.440]  Don't try to understand all of it.
[38:39.440 --> 38:41.440]  Just read it.
[38:41.440 --> 38:45.440]  It's not near as big as it appears because everything is outlined
[38:45.440 --> 38:48.440]  and there's lots of white space.
[38:48.440 --> 38:50.440]  Just read through it.
[38:50.440 --> 38:54.440]  Then go back, and just the first half, you get into really obscure stuff
[38:54.440 --> 38:58.440]  that you'll never run into after about the midpoint.
[38:58.440 --> 39:00.440]  Go back and read it again.
[39:00.440 --> 39:06.440]  The second time you read it, your brain will start making connections
[39:06.440 --> 39:09.440]  to chapters all over the place.
[39:09.440 --> 39:11.440]  You'll start stitching all this together.
[39:11.440 --> 39:16.440]  You read that twice, you'll know it better than the lawyer does.
[39:16.440 --> 39:21.440]  I was a prosecuting attorney when I cited a statute
[39:21.440 --> 39:27.440]  out of the Code of Criminal Procedure 38.123.
[39:27.440 --> 39:29.440]  It was illegal practice of law.
[39:29.440 --> 39:30.440]  I quoted it to him.
[39:30.440 --> 39:32.440]  He said, are you sure?
[39:32.440 --> 39:34.440]  And he looked it up.
[39:34.440 --> 39:36.440]  And it said exactly what I said.
[39:36.440 --> 39:38.440]  I said, Greg, you ought to be ashamed of yourself.
[39:38.440 --> 39:40.440]  You had to look that up?
[39:40.440 --> 39:41.440]  Well, yeah.
[39:41.440 --> 39:43.440]  I said, well, when was the last time you read that thing?
[39:43.440 --> 39:46.440]  I don't know that I've ever read the whole thing.
[39:46.440 --> 39:50.440]  Greg, you ought to be ashamed of yourself.
[39:50.440 --> 39:51.440]  But it's okay.
[39:51.440 --> 39:54.440]  He's just the plumber there, right?
[39:54.440 --> 39:56.440]  He does his plumbing.
[39:56.440 --> 39:59.440]  He shouldn't have to know about all that stuff, right?
[39:59.440 --> 40:05.440]  And he said, I don't know a single lawyer who's read the whole thing.
[40:05.440 --> 40:08.440]  Greg, that's pitiful.
[40:08.440 --> 40:10.440]  He said, yes, it is.
[40:10.440 --> 40:12.440]  But that's the case.
[40:12.440 --> 40:16.440]  These lawyers only do what they always do.
[40:16.440 --> 40:18.440]  They don't waste their time reading all that.
[40:18.440 --> 40:20.440]  You go in and read that stuff.
[40:20.440 --> 40:22.440]  And that's what happened when I was in court.
[40:22.440 --> 40:28.440]  I got a subpoena to appear for a motion hearing because I told the clerk,
[40:28.440 --> 40:33.440]  I have a motion before this court and I want it set for hearing.
[40:33.440 --> 40:34.440]  So she said, okay.
[40:34.440 --> 40:36.440]  And she set a motion hearing.
[40:36.440 --> 40:40.440]  And my subpoena says for motion hearing.
[40:40.440 --> 40:42.440]  We get in front of the judge and the judge said, well,
[40:42.440 --> 40:44.440]  we're not prepared to hear a motion today.
[40:44.440 --> 40:46.440]  I said, yes, sir, you are.
[40:46.440 --> 40:51.440]  This hearing was set as a motion hearing and I have a subject matter
[40:51.440 --> 40:53.440]  jurisdiction challenge before the court.
[40:53.440 --> 40:57.440]  You can't get past the threshold until you hear this subject matter
[40:57.440 --> 40:58.440]  jurisdiction challenge.
[40:58.440 --> 41:01.440]  Well, we're not going to hear any motions today.
[41:01.440 --> 41:09.440]  Well, in that case, I need you to arrest the clerk.
[41:09.440 --> 41:12.440]  Well, I'm not going to arrest the clerk.
[41:12.440 --> 41:17.440]  Well, in that case, I need you to arrest yourself.
[41:17.440 --> 41:20.440]  That was so much fun.
[41:20.440 --> 41:24.440]  And the judge really knew who I was because I'd hammered him once before.
[41:24.440 --> 41:29.440]  Those of you who have listened a while may remember a,
[41:29.440 --> 41:31.440]  I'm sorry about that.
[41:31.440 --> 41:32.440]  I can't get the sound off.
[41:32.440 --> 41:40.440]  You may remember when Phillip Pixler had a case in a small town here.
[41:40.440 --> 41:42.440]  It was a pretty big deal.
[41:42.440 --> 41:44.440]  And we took them on big time.
[41:44.440 --> 41:47.440]  Well, that guy was the judge.
[41:47.440 --> 41:51.440]  And in that instance, I was in court and he gave me a hard time.
[41:51.440 --> 41:56.440]  And I asked the bailiff to arrest him in the courtroom.
[41:56.440 --> 42:03.440]  So he knew who I was and he knows I'm coming after him, but he's stuck.
[42:03.440 --> 42:10.440]  He only knows how to do what he's always done.
[42:10.440 --> 42:14.440]  Somebody comes along with something different and he has no clue.
[42:14.440 --> 42:16.440]  But I have a firestorm coming at them.
[42:16.440 --> 42:20.440]  They're not going to believe I'm going to file a verified criminal
[42:20.440 --> 42:26.440]  affidavit against the clerk with his court.
[42:26.440 --> 42:28.440]  And he's going to refuse to act on it.
[42:28.440 --> 42:31.440]  And then I'm going to sue him personally.
[42:31.440 --> 42:36.440]  Daisy, these are the kind of things you can do to them.
[42:36.440 --> 42:39.440]  Read that criminal procedure code and I suggest you read the penal code
[42:39.440 --> 42:41.440]  the same way.
[42:41.440 --> 42:42.440]  Okay.
[42:42.440 --> 42:45.440]  Penal code is not so critical right now.
[42:45.440 --> 42:52.440]  Look at your transportation code, especially right up there in the front.
[42:52.440 --> 42:58.440]  You want to see the enactment clause.
[42:58.440 --> 43:02.440]  Who is this supposed to apply to?
[43:02.440 --> 43:05.440]  And when you read that code, you find cool stuff.
[43:05.440 --> 43:10.440]  In Texas, the transportation code, one section says,
[43:10.440 --> 43:21.440]  traffic speed limits signs are for the, what is it, Brett, the controllers?
[43:21.440 --> 43:27.440]  201.904 saying the signs are erected for controlling the speed of motor
[43:27.440 --> 43:31.440]  vehicles that are doing commercial activity for hire.
[43:31.440 --> 43:32.440]  Yeah.
[43:32.440 --> 43:35.440]  They only apply to cut commerce.
[43:35.440 --> 43:38.440]  So when the policeman stopped you, the first question he should have asked you
[43:38.440 --> 43:44.440]  is, are you operating in commerce?
[43:44.440 --> 43:47.440]  That's a jurisdictional issue.
[43:47.440 --> 43:50.440]  He can't get anywhere else until he gets past that and you should not let them
[43:50.440 --> 43:53.440]  get anywhere until he gets past that.
[43:53.440 --> 43:54.440]  Hang on.
[43:54.440 --> 43:56.440]  Going to our sponsors.
[43:56.440 --> 44:00.440]  We'll be right back.
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[44:58.440 --> 45:00.440]  Happy holidays, logos.
[45:00.440 --> 45:03.440]  Are you the plaintiff or defendant in a lawsuit?
[45:03.440 --> 45:06.440]  Win your case without an attorney with Jurisdictionary,
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[45:14.440 --> 45:18.440]  If you have a lawyer, know what your lawyer should be doing.
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[45:36.440 --> 45:38.440]  you can learn what everyone should understand
[45:38.440 --> 45:40.440]  about the principles and practices
[45:40.440 --> 45:43.440]  that control our American courts.
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[46:01.440 --> 46:31.440]  RECORDED SィN
[46:31.440 --> 46:37.440]  All they're takin' is a misunderstanding Somebody calls the police
[46:37.440 --> 46:39.440]  Watchin' the spots fly
[46:43.440 --> 46:45.440]  Watchin' the spots fly
[46:49.440 --> 46:51.440]  Watchin' the spots fly
[46:55.440 --> 46:57.440]  Watchin' the spots fly
[46:57.440 --> 47:02.440]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Law Radio.
[47:02.440 --> 47:06.440]  And we're finishing up with Daisy. Read those codes.
[47:06.440 --> 47:13.440]  And the next time you get pulled over, this will be easy.
[47:13.440 --> 47:17.440]  I've got a suggestion for you though, before you get off.
[47:17.440 --> 47:24.440]  This preparing for next time is really worthwhile.
[47:24.440 --> 47:33.440]  And for this time, you have, go down to the clerk and get the records.
[47:33.440 --> 47:37.440]  Ask to see, say, I want to inspect the record.
[47:37.440 --> 47:46.440]  And all you've really done is triggered her duty to produce a folder for you.
[47:46.440 --> 47:50.440]  And it's probably got nothing in it except maybe a copy of a citation.
[47:50.440 --> 48:00.440]  And when you're sitting there looking at it, that's the time to tell her that you would like a certified copy of it.
[48:00.440 --> 48:06.440]  Because then she doesn't have any excuses about how it's going to take her two weeks to get to the Xerox machine.
[48:06.440 --> 48:18.440]  So once you have a certified copy of that, you have in your hot little hands exactly what charging instruments they feel like they got together to be able to commence this case.
[48:18.440 --> 48:21.440]  And I guarantee you it's not enough.
[48:21.440 --> 48:25.440]  When you start, you take that home, you've got a date and time stamp on that.
[48:25.440 --> 48:34.440]  And you've got the clerk of the court signing and stamping that this is true, accurate, and complete.
[48:34.440 --> 48:38.440]  And it's a copy of the original.
[48:38.440 --> 48:42.440]  And now they can't just slip something in there.
[48:42.440 --> 48:48.440]  The prosecutor later just here slide this paper in there too with it and you will never know anything about it.
[48:48.440 --> 48:54.440]  You've got as of right now, this is all they have.
[48:54.440 --> 48:59.440]  Then when you go back and you start looking through your criminal code, you'll see, oh, this was supposed to be in here.
[48:59.440 --> 49:06.440]  Here are the characteristics of a document that would be in Ohio a legitimate charging instrument.
[49:06.440 --> 49:11.440]  And it's not in there.
[49:11.440 --> 49:16.440]  You know, you would think that they wouldn't do that kind of stupid stuff.
[49:16.440 --> 49:19.440]  Yeah, they do.
[49:19.440 --> 49:22.440]  You'd be amazed at how bad they screw everything up.
[49:22.440 --> 49:35.440]  In the case I mentioned earlier, my first appearance at the court, you know, people come in, they hand the clerk the ticket, and the clerk asks them how they plea, and they do this with every ticket.
[49:35.440 --> 49:41.440]  Well, I came down there and handed the clerk a challenge to subject matter jurisdiction, 30-something pages.
[49:41.440 --> 49:47.440]  I need you to file this in this case, and I gave her a photocopy of the ticket.
[49:47.440 --> 49:55.440]  And give me a photocopy of the first page of this document and initial it that you received on this day.
[49:55.440 --> 49:58.440]  And she said, sure, she did that.
[49:58.440 --> 50:11.440]  The next thing I get a few weeks later is a letter from the DPS saying that I failed to appear and they wouldn't remove my license.
[50:11.440 --> 50:14.440]  That was an oops.
[50:14.440 --> 50:25.440]  Now, as far as I am concerned, in this case, and probably in your state as well, municipal judges are not elected.
[50:25.440 --> 50:28.440]  Sorry. Municipal clerks are not elected.
[50:28.440 --> 50:30.440]  They're hired.
[50:30.440 --> 50:32.440]  They work for the judge.
[50:32.440 --> 50:35.440]  The judges respond yet superior.
[50:35.440 --> 50:49.440]  So he's going to get a criminal complaint for tampering with the government document because he filed a false report to the DPS claiming that I failed to appear.
[50:49.440 --> 50:58.440]  They didn't have a record of my appearing because I didn't appear like everybody else does.
[50:58.440 --> 50:59.440]  Keep records.
[50:59.440 --> 51:14.440]  Every time you give something to a clerk, ask her to either give her two copies, have her stamp both and give you one back, or have her copy the first page and stamp it and initial it and give it back.
[51:14.440 --> 51:17.440]  So you've got proof you were there.
[51:17.440 --> 51:23.440]  It's always better to do things by mail and ask for a return.
[51:23.440 --> 51:26.440]  Yeah, when you have hard proof.
[51:26.440 --> 51:30.440]  Brett, my caller board is gone.
[51:30.440 --> 51:32.440]  I was just noticing that too.
[51:32.440 --> 51:38.440]  And I'm seeing Daisy here is texting that she lost her connection.
[51:38.440 --> 51:39.440]  Yeah, Daisy, are you there?
[51:39.440 --> 51:42.440]  It's on the caller board end.
[51:42.440 --> 51:44.440]  Daisy, talk to us.
[51:44.440 --> 51:45.440]  No, she's gone.
[51:45.440 --> 51:47.440]  Everybody's gone. The whole caller board is gone.
[51:47.440 --> 51:50.440]  Okay, I want to make sure.
[51:50.440 --> 51:51.440]  Okay, you want to call?
[51:51.440 --> 51:55.440]  We don't know yet if they can call back in and get in or if the caller board is just dead.
[51:55.440 --> 51:58.440]  Let me try to call in to see.
[51:58.440 --> 52:03.440]  Take your cell and call Deborah and tell her we have an issue.
[52:03.440 --> 52:08.440]  Let's see, what is the call in number, Brett?
[52:08.440 --> 52:20.440]  One, two, six, four, six, one, nine, eight, four.
[52:20.440 --> 52:31.440]  I am not getting a ring yet.
[52:31.440 --> 52:36.440]  This is not ringing.
[52:36.440 --> 52:42.440]  I'm going to take the caller board, turn it off, and turn it back on.
[52:42.440 --> 52:50.440]  Okay, while you're doing that, we'll go back to what I'm doing in Rome, Texas.
[52:50.440 --> 52:53.440]  We're having great fun in Rome, Texas.
[52:53.440 --> 52:56.440]  And this is what Daisy was going to.
[52:56.440 --> 53:02.440]  Once you learn how to fight these traffic tickets, they do everything wrong.
[53:02.440 --> 53:05.440]  They've got this procedure that they follow.
[53:05.440 --> 53:22.440]  In Texas, 74%, I think it's 74%, 73% of all traffic citations, people just write a check and pay for it.
[53:22.440 --> 53:25.440]  That means 27% don't.
[53:25.440 --> 53:30.440]  Of those 27%, they're all given a court date.
[53:30.440 --> 53:34.440]  And when they come into the court date, they don't see a judge holding a hearing.
[53:34.440 --> 53:40.440]  They encounter a prosecutor, and the prosecutor offers them a deal.
[53:40.440 --> 53:45.440]  And 99% of those people take the deal.
[53:45.440 --> 53:48.440]  So this is a routine.
[53:48.440 --> 53:54.440]  They do it with everybody, and they get used to everybody just doing it.
[53:54.440 --> 54:00.440]  So when I was doing this, it was on the Zoom hearing, and I listened to her do this to all these other people.
[54:00.440 --> 54:06.440]  And this negotiation with the prosecutor was not recorded.
[54:06.440 --> 54:09.440]  And when they went to the judge, then they turned the recording on.
[54:09.440 --> 54:15.440]  So they finally called me, and the prosecutor started talking about what was going on.
[54:15.440 --> 54:18.440]  I said, stop, stop, stop, stop. Hold on.
[54:18.440 --> 54:20.440]  She said, yes. She replied.
[54:20.440 --> 54:22.440]  She said, yes, Mr. Kelton.
[54:22.440 --> 54:28.440]  I said, I'm sorry, ma'am, but I do not talk to prosecuting attorneys.
[54:28.440 --> 54:33.440]  Oh, OK. Well, in that case, we'll have to get the judge in here.
[54:33.440 --> 54:34.440]  And she did.
[54:34.440 --> 54:42.440]  And the first thing she said is the prosecutor said, Your Honor, Mr. Kelton said he does not talk to prosecutors.
[54:42.440 --> 54:46.440]  I would bargainer for that.
[54:46.440 --> 54:49.440]  For fixing your language? Supposed to be persecuted?
[54:49.440 --> 54:57.440]  Yeah, for making an irrelevant comment intended to prejudice the judge against me.
[54:57.440 --> 55:02.440]  The fact that I wouldn't talk to her is none of the judge's business.
[55:02.440 --> 55:07.440]  The only business I had there was with the judge, not with the prosecutor.
[55:07.440 --> 55:10.440]  So you learn how this works.
[55:10.440 --> 55:14.440]  It always works the same.
[55:14.440 --> 55:20.440]  And when you start doing stuff that's different, they screw it all up.
[55:20.440 --> 55:24.440]  Mainly, they don't have time.
[55:24.440 --> 55:27.440]  This is all about dollar flow.
[55:27.440 --> 55:31.440]  And whenever you throw a monkey in the wrench, their dollar flow goes right out the window.
[55:31.440 --> 55:35.440]  I had a 37-page challenge to subject matter jurisdiction.
[55:35.440 --> 55:43.440]  It's written for Texas. Anybody who wants it, just send me an email to Randy at ruleoflawradio.com.
[55:43.440 --> 55:46.440]  Ask me for my traffic documents.
[55:46.440 --> 55:49.440]  And I'll send you a whole stack of them.
[55:49.440 --> 55:57.440]  I was just with someone yesterday, this morning, and he was telling me about using my documents in six different cases.
[55:57.440 --> 56:01.440]  He filed my documents, and they just dismissed the cases.
[56:01.440 --> 56:05.440]  These documents are getting around in Texas.
[56:05.440 --> 56:08.440]  The judges are familiar with them.
[56:08.440 --> 56:16.440]  They've seen them before, and they can't find a way around them, so they just dismiss.
[56:16.440 --> 56:21.440]  So if you're in Texas, if you're not in Texas, send it anyway.
[56:21.440 --> 56:23.440]  And look at what I'm doing.
[56:23.440 --> 56:29.440]  A lot of the stuff that's in there are standard motions that you would file in a criminal case.
[56:29.440 --> 56:33.440]  Now, Dr. Graves does jurisdictionary.
[56:33.440 --> 56:36.440]  And that's a course we offer here.
[56:36.440 --> 56:38.440]  You can find it on Rule of Law Radio.
[56:38.440 --> 56:44.440]  Just go to ruleoflawradio.com, and there's a banner for jurisdictionary.
[56:44.440 --> 56:49.440]  It is the best thing you can go through.
[56:49.440 --> 56:51.440]  You go through that.
[56:51.440 --> 56:58.440]  Then when we talk online, we have ourselves a whole different conversation.
[56:58.440 --> 57:04.440]  One that stands out was the guy in Michigan, Mark in Michigan.
[57:04.440 --> 57:06.440]  He's telling about what they did.
[57:06.440 --> 57:10.440]  I said, oh, man, you should file a writ of mandamus.
[57:10.440 --> 57:12.440]  Oh, I did that.
[57:12.440 --> 57:15.440]  Oh, OK, and you went on, well, that should get a habeas corpus.
[57:15.440 --> 57:17.440]  Oh, I did that.
[57:17.440 --> 57:19.440]  Everything I suggested, he said, I did that.
[57:19.440 --> 57:21.440]  And finally I said, have you been through jurisdictionary?
[57:21.440 --> 57:25.440]  Oh, yeah, oh, yeah, I went through jurisdictionary.
[57:25.440 --> 57:33.440]  Once you've been through jurisdictionary, this is the stuff they don't teach in law school.
[57:33.440 --> 57:39.440]  This is the basic hands-on, here's how you prepare a motion, here's how you file a motion,
[57:39.440 --> 57:42.440]  here's how you get a motion put on for hearing.
[57:42.440 --> 57:45.440]  Most proceeds don't know you have to do that.
[57:45.440 --> 57:48.440]  It's not enough to file a motion.
[57:48.440 --> 57:53.440]  You have to request that the court set it for hearing.
[57:53.440 --> 57:59.440]  And he'll tell you all that basic legal 101 stuff.
[57:59.440 --> 58:01.440]  Well, not all the legal 101 stuff.
[58:01.440 --> 58:06.440]  He tells you the legal 101 stuff from the lawyer's perspective.
[58:06.440 --> 58:11.440]  Now, I have a book on the website.
[58:11.440 --> 58:18.440]  It's called Legal 101, but my Legal 101 is a different Legal 101.
[58:18.440 --> 58:23.440]  It's not about motions and pleadings and the practice of law.
[58:23.440 --> 58:29.440]  It's about how things really work in the world you and I live in.
[58:29.440 --> 58:36.440]  It does not work the way they taught you that it did in high school.
[58:36.440 --> 58:40.440]  It starts out with everything is political.
[58:40.440 --> 58:42.440]  It's just not the same.
[58:42.440 --> 58:46.440]  Once you hear it, it all makes sense, but it'll give you a whole different perspective.
[58:46.440 --> 58:50.440]  Hang on, we'll be right back.
[58:50.440 --> 58:53.440]  The Bible remains the most popular book in the world,
[58:53.440 --> 58:58.440]  yet countless readers are frustrated because they struggle to understand it.
[58:58.440 --> 59:01.440]  Some new translations try to help by simplifying the text,
[59:01.440 --> 59:06.440]  but in the process can compromise the profound meaning of the Scripture.
[59:06.440 --> 59:09.440]  Enter the recovery version.
[59:09.440 --> 59:13.440]  First, this new translation is extremely faithful and accurate,
[59:13.440 --> 59:18.440]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.440 --> 59:22.440]  Difficult and profound passages are opened up in a marvelous way,
[59:22.440 --> 59:27.440]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.440 --> 59:33.440]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.440 --> 59:43.440]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.440 --> 59:47.440]  or by ordering online at freestudybible.com.
[59:47.440 --> 59:50.440]  That's freestudybible.com.
[59:50.440 --> 01:00:00.440]  You're listening to the Logos to Radio Network at logosradionetwork.com.
[01:00:00.440 --> 01:00:05.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.440 --> 01:00:09.440]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.440 --> 01:00:11.440]  Our liberty depends on it.
[01:00:11.440 --> 01:00:17.440]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.440 --> 01:00:19.440]  Privacy is under attack.
[01:00:19.440 --> 01:00:22.440]  When you give up data about yourself, you'll never get it back again.
[01:00:22.440 --> 01:00:27.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.440 --> 01:00:32.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.440 --> 01:00:35.440]  Privacy, it's worth hanging on to.
[01:00:35.440 --> 01:00:38.440]  This public service announcement is brought to you by Startpage.com,
[01:00:38.440 --> 01:00:42.440]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.440 --> 01:00:46.440]  Start over with Startpage.
[01:00:46.440 --> 01:00:48.440]  Imagine your mom and dad are getting ready for bed.
[01:00:48.440 --> 01:00:51.440]  They pull back the covers and find a third party there.
[01:00:51.440 --> 01:00:54.440]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.440 --> 01:01:00.440]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.440 --> 01:01:03.440]  It protects us from being forced to share our homes with soldiers,
[01:01:03.440 --> 01:01:06.440]  a common demand in the days of our founding fathers.
[01:01:06.440 --> 01:01:09.440]  Third party, Third Amendment? Get it?
[01:01:09.440 --> 01:01:12.440]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.440 --> 01:01:17.440]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.440 --> 01:01:31.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.440 --> 01:01:35.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.440 --> 01:01:38.440]  They guarantee you the specific freedoms Americans should know and protect.
[01:01:38.440 --> 01:01:40.440]  Our liberty depends on it.
[01:01:40.440 --> 01:01:46.440]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.440 --> 01:01:48.440]  Privacy is under attack.
[01:01:48.440 --> 01:01:52.440]  When you give up data about yourself, you'll never get it back again.
[01:01:52.440 --> 01:01:57.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.440 --> 01:02:02.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.440 --> 01:02:04.440]  Privacy, it's worth hanging onto.
[01:02:04.440 --> 01:02:08.440]  This public service announcement is brought to you by StartPage.com,
[01:02:08.440 --> 01:02:12.440]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.440 --> 01:02:16.440]  Start over with StartPage.
[01:02:16.440 --> 01:02:21.440]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.440 --> 01:02:27.440]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.440 --> 01:02:30.440]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.440 --> 01:02:35.440]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:35.440 --> 01:02:39.440]  Keys in point, TSA airport scanners that peer under your clothing.
[01:02:39.440 --> 01:02:43.440]  When government employees demand a peep at your privates without probable cause,
[01:02:43.440 --> 01:02:46.440]  I say it's time to sound the constitutional alarm bells.
[01:02:46.440 --> 01:02:50.440]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.440 --> 01:02:53.440]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.440 --> 01:03:10.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.440 --> 01:03:46.440]  OK, we are back, Randy Telford, Brett Fountain, Rule of Law Radio,
[01:03:46.440 --> 01:03:53.440]  on this, the Thursday, the 23rd day of June 2022.
[01:03:53.440 --> 01:04:00.440]  And for all of those of you who called in, we have a technical issue and the call boards are down.
[01:04:00.440 --> 01:04:02.440]  We've had this happen once before.
[01:04:02.440 --> 01:04:09.440]  This is not us. This is the service that provides where we get the phone systems from.
[01:04:09.440 --> 01:04:12.440]  So it's not anything we can do about that.
[01:04:12.440 --> 01:04:19.440]  We're going to go ahead and talk about some of the basics that actually goes to Daisy's issue.
[01:04:19.440 --> 01:04:25.440]  We spend most of our time responding to questions and we talk about the basics,
[01:04:25.440 --> 01:04:27.440]  but we seldom go there.
[01:04:27.440 --> 01:04:36.440]  So in the beginning of this, I want to talk about most of the stuff that's in Legal 101.
[01:04:36.440 --> 01:04:43.440]  That's a book we have on the website that you can download.
[01:04:43.440 --> 01:04:49.440]  That is the result of 30 years in the trenches.
[01:04:49.440 --> 01:04:56.440]  And this is not a book on technical issues on law.
[01:04:56.440 --> 01:05:03.440]  This is all about how things really work in the world you and I live in.
[01:05:03.440 --> 01:05:08.440]  And we start out with the Constitution.
[01:05:08.440 --> 01:05:12.440]  Most people feel like that they have constitutional rights.
[01:05:12.440 --> 01:05:16.440]  Well, that's not exactly the case.
[01:05:16.440 --> 01:05:22.440]  You have rights, but they're not exactly constitutional rights.
[01:05:22.440 --> 01:05:32.440]  The only thing the Constitution does is protect certain specified rights specifically.
[01:05:32.440 --> 01:05:35.440]  We don't live in a democracy.
[01:05:35.440 --> 01:05:39.440]  We live in a republic.
[01:05:39.440 --> 01:05:42.440]  And the difference is not academic.
[01:05:42.440 --> 01:05:45.440]  The difference is a big deal.
[01:05:45.440 --> 01:05:53.440]  In a republic, I'm sorry, in a democracy, all power flows from the people.
[01:05:53.440 --> 01:05:57.440]  If the people want your property, they can take your property.
[01:05:57.440 --> 01:06:01.440]  If they want your life, they can take your life.
[01:06:01.440 --> 01:06:03.440]  It's different in a republic.
[01:06:03.440 --> 01:06:08.440]  In a republic, all power flows from the individual.
[01:06:08.440 --> 01:06:12.440]  All rights belong to the individual.
[01:06:12.440 --> 01:06:15.440]  The Constitution does not grant you these rights.
[01:06:15.440 --> 01:06:17.440]  You already have them.
[01:06:17.440 --> 01:06:26.440]  You can do anything that the law does not specifically forbid you to do.
[01:06:26.440 --> 01:06:42.440]  It sounds easy enough, but in practice, it's a relatively difficult concept to wrap your head around.
[01:06:42.440 --> 01:06:53.440]  You can do anything you want to unless you, in conjunction with your other members of this republic,
[01:06:53.440 --> 01:07:01.440]  I'm avoiding using the word sovereign because it's been given such bad repute lately by the police
[01:07:01.440 --> 01:07:10.440]  and the political people trying to minimize the patriot community.
[01:07:10.440 --> 01:07:14.440]  We live in a republic where we are the masters of our servants.
[01:07:14.440 --> 01:07:19.440]  All of our public officials are public servants, and we're the masters of those servants.
[01:07:19.440 --> 01:07:29.440]  In this republic, you and I, we can do anything we want to unless you and I and the rest of us
[01:07:29.440 --> 01:07:39.440]  have agreed through our legislature to restrict our behavior in certain contexts.
[01:07:39.440 --> 01:07:50.440]  Those certain contexts have been carefully laid down in statutory law or in public law.
[01:07:50.440 --> 01:07:52.440]  I apologize for that slip-up.
[01:07:52.440 --> 01:07:56.440]  Not statutory law, public law.
[01:07:56.440 --> 01:08:04.440]  Then at some point, we had so many public laws that they were confusing because they weren't passed in order
[01:08:04.440 --> 01:08:11.440]  that the government hired publishers to go through the 65,000 pages of the National Register
[01:08:11.440 --> 01:08:19.440]  and pull out all the laws that go together and create and publish them in statutes.
[01:08:19.440 --> 01:08:24.440]  You can find all the public law in the statutes.
[01:08:24.440 --> 01:08:29.440]  We have restricted our behavior to some degree with those statutes,
[01:08:29.440 --> 01:08:35.440]  but that is the only restriction on our rights, otherwise we do anything we want to.
[01:08:35.440 --> 01:08:40.440]  You hear this all the time, people saying, can I do this, can I do that?
[01:08:40.440 --> 01:08:46.440]  Every time I hear that, I say, wrong, wrong, wrong question.
[01:08:46.440 --> 01:08:50.440]  We need discipline, mental discipline.
[01:08:50.440 --> 01:08:54.440]  We never ask, can I do this or can I do that?
[01:08:54.440 --> 01:08:59.440]  That's what public officials have to ask themselves.
[01:08:59.440 --> 01:09:01.440]  We're not public officials.
[01:09:01.440 --> 01:09:04.440]  We're masters of our servants.
[01:09:04.440 --> 01:09:12.440]  The question we ask, is there some law forbidding me to do this thing or that thing?
[01:09:12.440 --> 01:09:14.440]  That's the right question.
[01:09:14.440 --> 01:09:19.440]  Once you get that question ingrained in your brain,
[01:09:19.440 --> 01:09:24.440]  it will change the way you look at how things are done.
[01:09:24.440 --> 01:09:28.440]  When you see me talking about how I jerk these guys around,
[01:09:28.440 --> 01:09:36.440]  it will get much more rational and reasonable as how I get there.
[01:09:36.440 --> 01:09:40.440]  I'm not asking these guys what I can't do or what I can't do.
[01:09:40.440 --> 01:09:49.440]  I think the best illustration is my hearing aid story, what I did to a judge once.
[01:09:49.440 --> 01:09:54.440]  I asked the judge if he had accommodation for the hearing impaired.
[01:09:54.440 --> 01:09:56.440]  He said, no, I do not.
[01:09:56.440 --> 01:09:57.440]  I see you have a sound system here.
[01:09:57.440 --> 01:09:58.440]  Will you turn it up?
[01:09:58.440 --> 01:09:59.440]  No, I will not.
[01:09:59.440 --> 01:10:01.440]  Well, then will you speak up?
[01:10:01.440 --> 01:10:02.440]  He did.
[01:10:02.440 --> 01:10:06.440]  I told the bailiff I didn't sound, shut up, he's going to throw me out of the courtroom.
[01:10:06.440 --> 01:10:13.440]  When I finished my hearing, I went out and called the bailiff outside and asked him to arrest the judge
[01:10:13.440 --> 01:10:27.440]  for not turning up the sound because I had a statutory right to accommodation for the hearing impaired
[01:10:27.440 --> 01:10:31.440]  under the Americans with Disabilities Act.
[01:10:31.440 --> 01:10:35.440]  He asked me, well, why didn't you tell the judge about the Americans with Disabilities Act?
[01:10:35.440 --> 01:10:39.440]  Heck, if I had done that, he might have turned sound up.
[01:10:39.440 --> 01:10:42.440]  You see, I wasn't compelled to do anything.
[01:10:42.440 --> 01:10:45.440]  He was.
[01:10:45.440 --> 01:10:48.440]  I am a citizen.
[01:10:48.440 --> 01:10:54.440]  I am only restricted by statutes that specifically bind me in certain circumstances.
[01:10:54.440 --> 01:11:00.440]  He, on the other hand, may only do what he's specifically authorized to do.
[01:11:00.440 --> 01:11:05.440]  We get that down, then things change.
[01:11:05.440 --> 01:11:12.440]  Then when we go to the court, the first thing we want to ask about is who the heck are you?
[01:11:12.440 --> 01:11:18.440]  And what authority do you have and where did you get that authority?
[01:11:18.440 --> 01:11:27.440]  Always when I take on a case, the first thing I want to do is challenge subject matter jurisdiction.
[01:11:27.440 --> 01:11:31.440]  Who are you and how did you get the power to sit in judgment over me?
[01:11:31.440 --> 01:11:36.440]  When we were talking to Daisy earlier, we didn't get to the question.
[01:11:36.440 --> 01:11:39.440]  I was trying to get to it when we lost the cardboard.
[01:11:39.440 --> 01:11:52.440]  It's judge, who are you and how does this statutory scheme you're proposing to enforce apply to me?
[01:11:52.440 --> 01:12:01.440]  In Texas, I can't see how the commercial statutory scheme applies to a private operator.
[01:12:01.440 --> 01:12:07.440]  I'm just driving around in my conveyance.
[01:12:07.440 --> 01:12:19.440]  And if I am not doing that for hire, if I am not transporting persons or property for hire,
[01:12:19.440 --> 01:12:24.440]  and that's an important distinction.
[01:12:24.440 --> 01:12:38.440]  If I'm being paid to drive around, let's say I'm a delivery guy and I'm delivering pizzas.
[01:12:38.440 --> 01:12:43.440]  I'm working for the pizza place and the pizza place pays me to deliver these pizzas.
[01:12:43.440 --> 01:12:55.440]  I'm not in commerce because the cost of delivering pizzas is that we're not hired to deliver the pizzas.
[01:12:55.440 --> 01:13:05.440]  Delivering the pizzas is a part of our service and it costs us, it costs the owner to deliver those pizzas.
[01:13:05.440 --> 01:13:14.440]  Like a farmer who raises grain and needs trucks to take his grain to the granary, to the silos.
[01:13:14.440 --> 01:13:17.440]  That comes out of his profit.
[01:13:17.440 --> 01:13:19.440]  He's not in commerce while he's doing that.
[01:13:19.440 --> 01:13:27.440]  Now, if he hires a third party to bring in their trucks and move the grain, those trucks are in commerce.
[01:13:27.440 --> 01:13:30.440]  But when he's using his own, he's not.
[01:13:30.440 --> 01:13:41.440]  So if you're an Uber driver, you're in commerce because you're transporting a person for hire.
[01:13:41.440 --> 01:13:48.440]  But if you're driving a church bus and picking up people to take them to church,
[01:13:48.440 --> 01:13:54.440]  the cost of operating the bus comes out of the church, you're not in commerce.
[01:13:54.440 --> 01:13:58.440]  Am I making sense, Brett, or have I beat this dog to death?
[01:13:58.440 --> 01:14:00.440]  Yeah, I think that comes out pretty clear.
[01:14:00.440 --> 01:14:07.440]  Okay, so we need to keep in our mind who we are.
[01:14:07.440 --> 01:14:14.440]  We are the sovereigns, all these public officials work for us, we don't work for them.
[01:14:14.440 --> 01:14:25.440]  One thing that comes to my mind or one way to think of the use of the roads is in terms of rights versus privileges.
[01:14:25.440 --> 01:14:33.440]  When you talk about who we are, I think about we as people owning the roads.
[01:14:33.440 --> 01:14:45.440]  And sometimes when we're being hired to get behind the wheel, we put on a hat and we're not just average Joe anymore.
[01:14:45.440 --> 01:14:52.440]  Now we're an agent of some business that doesn't have any rights to use the people's roads.
[01:14:52.440 --> 01:15:01.440]  And so that business had to go and get permission and follow all these regulations and set itself up to,
[01:15:01.440 --> 01:15:07.440]  I promise I'm not going to run anything heavier than this or I'm not going to run my drivers any more than these many hours.
[01:15:07.440 --> 01:15:13.440]  And they set it up trying to promise the people that they're going to be responsible on our roads.
[01:15:13.440 --> 01:15:28.440]  And so when you're paid to get behind the wheel, you've put on that hat of a business and you're not running around there on the roads as the one who owns the road,
[01:15:28.440 --> 01:15:34.440]  but the one who pays for the privilege to use the people's roads.
[01:15:34.440 --> 01:15:38.440]  That's a distinction that I think helps out.
[01:15:38.440 --> 01:15:46.440]  What do you think? Does that make sense, Randy? Does that resonate?
[01:15:46.440 --> 01:15:51.440]  Someone muted my mic. Did you mute my mic when I was looking?
[01:15:51.440 --> 01:15:56.440]  I wish I could. That would be really fun.
[01:15:56.440 --> 01:16:01.440]  OK, well, they did that in that Zoom meeting, but it wasn't as much fun then.
[01:16:01.440 --> 01:16:06.440]  Anyway, yes, it's important that we make this distinction.
[01:16:06.440 --> 01:16:09.440]  It changes the way we think about things.
[01:16:09.440 --> 01:16:16.440]  And that's why always, in any case, first place to go is jurisdiction.
[01:16:16.440 --> 01:16:21.440]  How do you derive authority over me?
[01:16:21.440 --> 01:16:36.440]  And any time I get pulled over, the first question that should be asked of me is, are you transporting persons or product for hire?
[01:16:36.440 --> 01:16:48.440]  Now, they have probable cause to believe that I am in commerce, and that's because I have a vehicle that is licensed for commercial transport.
[01:16:48.440 --> 01:16:53.440]  And if they run the plates on the vehicle, they'll come up with my name as the owner,
[01:16:53.440 --> 01:17:00.440]  and they'll find that I have a license authorizing me to operate in commerce.
[01:17:00.440 --> 01:17:05.440]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[01:17:05.440 --> 01:17:12.440]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[01:17:12.440 --> 01:17:17.440]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[01:17:17.440 --> 01:17:24.440]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[01:17:24.440 --> 01:17:31.440]  Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true Gospel message.
[01:17:31.440 --> 01:17:38.440]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[01:17:38.440 --> 01:17:43.440]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:43.440 --> 01:17:50.440]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[01:17:50.440 --> 01:18:00.440]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[01:18:00.440 --> 01:18:05.440]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:18:49.440 --> 01:19:03.440]  That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:19:20.440 --> 01:19:22.440]  Don't fool me
[01:19:27.440 --> 01:19:28.440]  Well
[01:19:31.440 --> 01:19:35.440]  Ain't gonna fool me with that same old trip again
[01:19:36.440 --> 01:19:40.440]  I was blindsided but now I can see your plans
[01:19:41.440 --> 01:19:43.440]  You put the fear in my pocket
[01:19:44.440 --> 01:19:46.440]  Took the money from my hand
[01:19:46.440 --> 01:19:51.440]  Ain't gonna fool me with that same old trick again
[01:19:55.440 --> 01:19:56.440]  Ain't gonna
[01:19:56.440 --> 01:20:01.440]  Don't fool me
[01:20:11.440 --> 01:20:15.440]  Ain't gonna drive me with that same old sucker puns
[01:20:16.440 --> 01:20:20.440]  I get it now but then I must have enough
[01:20:20.440 --> 01:20:25.440]  Back then you had room to move but now you're feeling the crunch
[01:20:25.440 --> 01:20:30.440]  Ain't gonna get me with that same old sucker puns
[01:20:30.440 --> 01:20:33.440]  Don't fool me
[01:20:51.440 --> 01:20:55.440]  Ain't gonna please me with that same old business
[01:20:55.440 --> 01:20:59.440]  You thought you were on but now you got it
[01:21:00.440 --> 01:21:04.440]  Okay, we are back. Randy Kelton, Bret Fountain, Rule Of Law Radio.
[01:21:04.440 --> 01:21:08.440]  And I kind of feel like I'm probably beating this issue to death.
[01:21:08.440 --> 01:21:11.440]  But anytime you're in, in case
[01:21:12.440 --> 01:21:18.440]  The state, the first thing they have to do is establish that they have authority.
[01:21:18.440 --> 01:21:23.440]  When a allegation is made
[01:21:23.440 --> 01:21:27.440]  Jurisdiction is presumed.
[01:21:28.440 --> 01:21:33.440]  And the court will act as if it has jurisdiction unless it is challenged.
[01:21:33.440 --> 01:21:37.440]  But once it is challenged, jurisdiction is lost.
[01:21:38.440 --> 01:21:44.440]  This is something the judges, especially municipal judges, don't get.
[01:21:44.440 --> 01:21:47.440]  This judge definitely didn't get it.
[01:21:47.440 --> 01:21:51.440]  I told him I have a challenge subject matter of jurisdiction before the court.
[01:21:51.440 --> 01:21:57.440]  And that should have meant to him I have no jurisdiction at this point.
[01:21:57.440 --> 01:22:02.440]  If nobody challenges it, I can act as though I have it, whether I do or not.
[01:22:02.440 --> 01:22:06.440]  But if somebody challenges it, now I have to prove it.
[01:22:06.440 --> 01:22:09.440]  Not the prosecution.
[01:22:09.440 --> 01:22:13.440]  They generally get the prosecutor to do it, but it's not their duty to do it.
[01:22:13.440 --> 01:22:16.440]  It is the judge's duty to do it.
[01:22:16.440 --> 01:22:21.440]  He's the one giving orders and telling me what to do and making threats.
[01:22:21.440 --> 01:22:25.440]  He needs to be sure that he has authority to do that.
[01:22:25.440 --> 01:22:29.440]  I'm using he because this judge happens to be a he.
[01:22:29.440 --> 01:22:32.440]  I'm not being a sexist pig.
[01:22:32.440 --> 01:22:38.440]  Well, I am a sexist pig, but I'm not being one in this particular circumstance.
[01:22:38.440 --> 01:22:42.440]  But anyway, it's the duty of the court to prove up that jurisdiction.
[01:22:42.440 --> 01:22:46.440]  So we always want to go there first.
[01:22:46.440 --> 01:22:51.440]  The tendency is to always go to demerits.
[01:22:51.440 --> 01:22:56.440]  You're innocent and you want to prove that you're innocent.
[01:22:56.440 --> 01:22:59.440]  And I want to say no, no, no.
[01:22:59.440 --> 01:23:02.440]  You just think you want to prove you're innocent.
[01:23:02.440 --> 01:23:12.440]  First, you want them to prove that they have the authority to ask you to prove that you're innocent.
[01:23:12.440 --> 01:23:20.440]  Because anything past jurisdiction, anything that goes to the merits of the case,
[01:23:20.440 --> 01:23:26.440]  tends to go to the discretion of the court.
[01:23:26.440 --> 01:23:33.440]  They get conflicting facts and they get to decide which ones they believe applies.
[01:23:33.440 --> 01:23:36.440]  That's within their discretion.
[01:23:36.440 --> 01:23:42.440]  But when it comes to jurisdiction, jurisdiction is not within their discretion.
[01:23:42.440 --> 01:23:44.440]  So you want to go to jurisdiction first.
[01:23:44.440 --> 01:23:47.440]  It is a threshold issue.
[01:23:47.440 --> 01:23:52.440]  Until the judge proves jurisdiction, he cannot step past the threshold of the court.
[01:23:52.440 --> 01:23:57.440]  And this judge acted as though he could.
[01:23:57.440 --> 01:24:01.440]  So I'll hammer him for that.
[01:24:01.440 --> 01:24:08.440]  Once you get through this front end, and this is not something you'll find written in the statutes.
[01:24:08.440 --> 01:24:12.440]  You can read the penal code, read the Code of Criminal Procedure.
[01:24:12.440 --> 01:24:15.440]  You won't find this in there.
[01:24:15.440 --> 01:24:18.440]  This is all developed out of case law.
[01:24:18.440 --> 01:24:26.440]  And for certain, you can be sure that the court's not going to tell you this.
[01:24:26.440 --> 01:24:30.440]  They're going to hope you don't know it.
[01:24:30.440 --> 01:24:38.440]  So we have tried to create a situation to where everybody knows it.
[01:24:38.440 --> 01:24:43.440]  So, okay, first thing you do is challenge jurisdiction.
[01:24:43.440 --> 01:24:51.440]  What is the nature of the statutory scheme under which you are being prosecuted?
[01:24:51.440 --> 01:24:57.440]  In this case, we're talking about transportation, so transportation code.
[01:24:57.440 --> 01:25:04.440]  And most every state, when they introduce the transportation code, it was right after World War II.
[01:25:04.440 --> 01:25:11.440]  We cranked up industry to produce airplanes, tanks, jeeps.
[01:25:11.440 --> 01:25:14.440]  All this stuff we needed for war.
[01:25:14.440 --> 01:25:16.440]  The war ended.
[01:25:16.440 --> 01:25:19.440]  We had all of this industry cranked up.
[01:25:19.440 --> 01:25:26.440]  So we just shifted from military production to commercial production.
[01:25:26.440 --> 01:25:31.440]  And all of a sudden, the roads were filled with automobiles.
[01:25:31.440 --> 01:25:37.440]  Ordinary people could buy automobiles and drive around, and they were in love with their automobiles.
[01:25:37.440 --> 01:25:42.440]  We had just finished fighting a war for our freedom.
[01:25:42.440 --> 01:25:49.440]  And we were not going to allow the government to interfere with our freedom.
[01:25:49.440 --> 01:26:00.440]  So they were having problems with too many automobiles overtaxing the highways, damaging bridges, primarily trucks.
[01:26:00.440 --> 01:26:03.440]  We had these trucks that were hastily put together.
[01:26:03.440 --> 01:26:05.440]  They had horrible brakes.
[01:26:05.440 --> 01:26:08.440]  They were just death traps.
[01:26:08.440 --> 01:26:12.440]  And you had people driving them that had no clue as to what they were doing.
[01:26:12.440 --> 01:26:21.440]  And who was it, which president did that after Roosevelt?
[01:26:21.440 --> 01:26:23.440]  I don't know.
[01:26:23.440 --> 01:26:26.440]  I seem to remember you talking about a Hoover.
[01:26:26.440 --> 01:26:28.440]  I'll think of his name in a second.
[01:26:28.440 --> 01:26:30.440]  Truman, Truman.
[01:26:30.440 --> 01:26:34.440]  Truman was a road builder before he became a politician.
[01:26:34.440 --> 01:26:37.440]  And he was aghast at the number of people dying on the highways.
[01:26:37.440 --> 01:26:44.440]  In the mid-'40s, mid to late-'40s, we were losing 50,000 people a year on the highways.
[01:26:44.440 --> 01:26:47.440]  We don't lose much more than that now.
[01:26:47.440 --> 01:26:56.440]  So compared to the number of vehicles, driving was incredibly dangerous in those days.
[01:26:56.440 --> 01:27:01.440]  And primarily the biggest problem they were having were these trucks.
[01:27:01.440 --> 01:27:05.440]  They were damaging the infrastructure, collapsing bridges.
[01:27:05.440 --> 01:27:07.440]  They were wreaking havoc.
[01:27:07.440 --> 01:27:16.440]  So he had the federal government put together a model transportation code.
[01:27:16.440 --> 01:27:25.440]  And they couldn't pass it so that it affected everybody because the public would not have tolerated it.
[01:27:25.440 --> 01:27:30.440]  So they only passed it to control these trucks that were causing most of the problem.
[01:27:30.440 --> 01:27:34.440]  And that was rational and reasonable at the time.
[01:27:34.440 --> 01:27:36.440]  And then they went to the sheriffs.
[01:27:36.440 --> 01:27:38.440]  And they said, hey, look at this.
[01:27:38.440 --> 01:27:42.440]  We got all of these new laws we want you to enforce.
[01:27:42.440 --> 01:27:44.440]  And the sheriff said, screw you.
[01:27:44.440 --> 01:27:46.440]  I got all I can keep up with.
[01:27:46.440 --> 01:27:50.440]  You want me to enforce this new statutory scheme?
[01:27:50.440 --> 01:27:55.440]  Well, you've got to give me more money or come up with some other idea.
[01:27:55.440 --> 01:27:57.440]  Well, they come up with another idea.
[01:27:57.440 --> 01:28:00.440]  They created state police.
[01:28:00.440 --> 01:28:05.440]  The Texas Department of Public Safety.
[01:28:05.440 --> 01:28:09.440]  They are called police officers.
[01:28:09.440 --> 01:28:15.440]  Everybody else who enforces law in Texas are called peace officers.
[01:28:15.440 --> 01:28:24.440]  Police officers are law enforcement officials authorized to enforce the commercial transportation code.
[01:28:24.440 --> 01:28:27.440]  And that's it.
[01:28:27.440 --> 01:28:34.440]  The code itself says the Department of Public Safety shall not enforce the criminal laws
[01:28:34.440 --> 01:28:38.440]  except at the request of and under the direction of local law enforcement.
[01:28:38.440 --> 01:28:47.440]  And that's because our founders, when they put this nation together, when the original states were formulated,
[01:28:47.440 --> 01:28:51.440]  they did not want a state police.
[01:28:51.440 --> 01:28:55.440]  In a lot of European countries, their police are state police.
[01:28:55.440 --> 01:28:58.440]  And state means sovereign nation.
[01:28:58.440 --> 01:29:00.440]  Russia's got a state police.
[01:29:00.440 --> 01:29:03.440]  Germany has a state police.
[01:29:03.440 --> 01:29:06.440]  And they had jurisdiction throughout the state.
[01:29:06.440 --> 01:29:15.440]  And that was the one entity that could most easily take over the whole government.
[01:29:15.440 --> 01:29:18.440]  So our founders decided that was a bad idea.
[01:29:18.440 --> 01:29:31.440]  Instead of creating a state police, we will place the primary law enforcement authority in each county through a county sheriff.
[01:29:31.440 --> 01:29:34.440]  Texas has 254 counties.
[01:29:34.440 --> 01:29:41.440]  If somebody wants to do a coup and use the policing agencies to do it, good luck with that.
[01:29:41.440 --> 01:29:48.440]  Just try to get 254 sheriffs to all follow whatever you want.
[01:29:48.440 --> 01:29:50.440]  If we have a state police, the governor can do that.
[01:29:50.440 --> 01:30:02.440]  And when I file criminal charges against the governor, that's the primary claim I made against him, is he took the highway patrol.
[01:30:02.440 --> 01:30:09.440]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:09.440 --> 01:30:12.440]  But now researchers say we can add stress to the list.
[01:30:12.440 --> 01:30:16.440]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:16.440 --> 01:30:18.440]  Privacy is under attack.
[01:30:18.440 --> 01:30:21.440]  When you give up data about yourself, you'll never get it back again.
[01:30:21.440 --> 01:30:26.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.440 --> 01:30:28.440]  So protect your rights.
[01:30:28.440 --> 01:30:32.440]  Say no to surveillance and keep your information to yourself.
[01:30:32.440 --> 01:30:34.440]  Privacy, it's worth hanging on to.
[01:30:34.440 --> 01:30:41.440]  This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.440 --> 01:30:45.440]  Start over with Startpage.
[01:30:45.440 --> 01:30:48.440]  Are you always on the go and juggling multiple projects?
[01:30:48.440 --> 01:30:52.440]  If so, you might think that multitasking proves you're smart.
[01:30:52.440 --> 01:30:56.440]  But think again, all that stress might be eating your brain.
[01:30:56.440 --> 01:31:00.440]  A new study finds stress reduces the number of connections between neurons,
[01:31:00.440 --> 01:31:04.440]  which actually makes it harder for people to manage problems.
[01:31:04.440 --> 01:31:10.440]  Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.440 --> 01:31:15.440]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:15.440 --> 01:31:18.440]  So take a deep breath and chill out.
[01:31:18.440 --> 01:31:21.440]  It'll help keep your mind as sharp as a tack.
[01:31:21.440 --> 01:31:31.440]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.440 --> 01:31:36.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.440 --> 01:31:38.440]  The government says that fire brought it down.
[01:31:38.440 --> 01:31:43.440]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.440 --> 01:31:46.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.440 --> 01:31:49.440]  And thousands of my fellow first responders are dying.
[01:31:49.440 --> 01:31:51.440]  I'm not a conspiracy theorist.
[01:31:51.440 --> 01:31:52.440]  I'm a structural engineer.
[01:31:52.440 --> 01:31:53.440]  I'm a New York City correction officer.
[01:31:53.440 --> 01:31:54.440]  I'm an Air Force pilot.
[01:31:54.440 --> 01:31:55.440]  I'm a father who lost his son.
[01:31:55.440 --> 01:31:58.440]  We're Americans, and we deserve the truth.
[01:31:58.440 --> 01:32:02.440]  Go to RememberBuilding7.org today.
[01:32:02.440 --> 01:32:06.440]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:06.440 --> 01:32:08.440]  In today's America, we live in an us-against-them society.
[01:32:08.440 --> 01:32:10.440]  And if we, the people, are ever going to have a free society,
[01:32:10.440 --> 01:32:13.440]  then we're going to have to stand and defend our own rights.
[01:32:13.440 --> 01:32:16.440]  Among those rights are the right to travel freely from place to place,
[01:32:16.440 --> 01:32:18.440]  the right to act in our own private capacity,
[01:32:18.440 --> 01:32:20.440]  and, importantly, the right to due process of law.
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[01:32:34.440 --> 01:32:36.440]  and how to hold courts to the rule of law.
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[01:33:00.440 --> 01:33:05.440]  You are listening to the Logos Radio Network.
[01:33:05.440 --> 01:33:32.440]  Logosradio.com.
[01:33:35.440 --> 01:34:04.440]  Logosradio.com.
[01:34:04.440 --> 01:34:06.440]  Okay, we are back.
[01:34:06.440 --> 01:34:08.440]  Randy Kelton, Bret Fountain, Rule of Law Radio,
[01:34:08.440 --> 01:34:11.440]  and we're talking about how all this,
[01:34:11.440 --> 01:34:14.440]  you know, people hear all this transportation issues
[01:34:14.440 --> 01:34:18.440]  and how we don't, we're not operating in commerce,
[01:34:18.440 --> 01:34:21.440]  and most people hear that and it don't make sense to them.
[01:34:21.440 --> 01:34:25.440]  Well, I'm giving a little history of how it got there.
[01:34:25.440 --> 01:34:28.440]  When I dove off the cliff there,
[01:34:28.440 --> 01:34:33.440]  I was talking about how the governor took the highway patrol,
[01:34:33.440 --> 01:34:35.440]  the Department of Public Safety,
[01:34:35.440 --> 01:34:41.440]  who were only authorized to enforce the commercial transportation code,
[01:34:41.440 --> 01:34:51.440]  and sent them out to enforce edicts that he proclaimed against the people themselves.
[01:34:51.440 --> 01:34:56.440]  Well, the governor is the director of the executive branch,
[01:34:56.440 --> 01:34:59.440]  and when our founders put this country together,
[01:34:59.440 --> 01:35:05.440]  they knew we had to have a single voice for the country
[01:35:05.440 --> 01:35:10.440]  and a single voice for each of the individual sovereign states.
[01:35:10.440 --> 01:35:12.440]  For the country, we have a president.
[01:35:12.440 --> 01:35:15.440]  For the sovereign states, we have a governor.
[01:35:15.440 --> 01:35:24.440]  But they also knew that the one person most dangerous to a free society
[01:35:24.440 --> 01:35:28.440]  is the governor or the president.
[01:35:28.440 --> 01:35:33.440]  That's the one person most likely to try to take over the government.
[01:35:33.440 --> 01:35:38.440]  So they put in all sorts of limitations,
[01:35:38.440 --> 01:35:45.440]  and a primary limitation they put in was they separated the government into three parts,
[01:35:45.440 --> 01:35:51.440]  the legislative, the executive, and the judiciary.
[01:35:51.440 --> 01:35:59.440]  They placed all government agencies, or most all government agencies,
[01:35:59.440 --> 01:36:02.440]  under the direction of the executive.
[01:36:02.440 --> 01:36:08.440]  He's like the CEO of the state of Texas.
[01:36:08.440 --> 01:36:12.440]  He takes care of the business of the state of Texas.
[01:36:12.440 --> 01:36:20.440]  But if I have a company and that company has a CEO,
[01:36:20.440 --> 01:36:28.440]  that CEO has authority to tell all of the people working for my company what to do.
[01:36:28.440 --> 01:36:38.440]  But I mean, you and I, as citizens in a republic, we are like the chairman of the board.
[01:36:38.440 --> 01:36:42.440]  The CEO doesn't say anything to me.
[01:36:42.440 --> 01:36:50.440]  He can only talk to employees of the corporation.
[01:36:50.440 --> 01:36:53.440]  Not to get into the patriotic corporation thing,
[01:36:53.440 --> 01:36:57.440]  but states, all of the states and the United States,
[01:36:57.440 --> 01:37:03.440]  are a cooperation of different agencies.
[01:37:03.440 --> 01:37:06.440]  They are a corporation of a sort.
[01:37:06.440 --> 01:37:11.440]  And the president speaks to all members of the executive branch.
[01:37:11.440 --> 01:37:16.440]  The president of the United States cannot order you to do anything.
[01:37:16.440 --> 01:37:19.440]  He works for you.
[01:37:19.440 --> 01:37:24.440]  He can order your public servants, certain of your public servants, to do things,
[01:37:24.440 --> 01:37:30.440]  but he can't order anyone in the executive or the legislative branch to do anything.
[01:37:30.440 --> 01:37:35.440]  He can only order people that are part of the executive branch to do things.
[01:37:35.440 --> 01:37:39.440]  Well, he ordered the Department of Public Safety.
[01:37:39.440 --> 01:37:45.440]  That was created for the singular purpose of enforcing the commercial transportation code
[01:37:45.440 --> 01:37:52.440]  to go out and ensure that people who entered the state from places of his choosing
[01:37:52.440 --> 01:37:57.440]  imprisoned themselves for two weeks, quarantined themselves.
[01:37:57.440 --> 01:38:04.440]  And if they didn't do it, these Department of Public Safety officers were to arrest them.
[01:38:04.440 --> 01:38:10.440]  Well, that is not something you can do.
[01:38:10.440 --> 01:38:14.440]  That is sedition by definition.
[01:38:14.440 --> 01:38:22.440]  Our founders very deliberately separated the policing powers into different counties
[01:38:22.440 --> 01:38:27.440]  so that there would not be one overall policing agency,
[01:38:27.440 --> 01:38:30.440]  and our governor tried to create one.
[01:38:30.440 --> 01:38:34.440]  And then used that agency to circumvent our Constitution.
[01:38:34.440 --> 01:38:36.440]  That was sedition.
[01:38:36.440 --> 01:38:41.440]  So our founders, they really knew what they were doing
[01:38:41.440 --> 01:38:47.440]  when they separated the policing powers into the separate counties.
[01:38:47.440 --> 01:38:55.440]  In this country, and I hate that term, in the United States,
[01:38:55.440 --> 01:39:01.440]  each of the sovereign states are protected from a coup
[01:39:01.440 --> 01:39:08.440]  because the policing power is separated into so many different counties.
[01:39:08.440 --> 01:39:16.440]  Now, and that is the reason the highway patrol, the state police,
[01:39:16.440 --> 01:39:20.440]  are so limited in what they can do.
[01:39:20.440 --> 01:39:26.440]  We did not want a policing agency with general policing powers
[01:39:26.440 --> 01:39:33.440]  because we didn't want them to wind up perpetrating the coup and taking over the state.
[01:39:33.440 --> 01:39:39.440]  So when we talk about commercial transportation code and highway patrol,
[01:39:39.440 --> 01:39:43.440]  we have to keep in mind they are extremely limited.
[01:39:43.440 --> 01:39:49.440]  They are a special purpose enforcement entity.
[01:39:49.440 --> 01:39:55.440]  They can't talk to you unless you have agreed to their statutory scheme
[01:39:55.440 --> 01:40:01.440]  and are acting within the scope of their statutory scheme.
[01:40:01.440 --> 01:40:03.440]  Now, I'm a pilot.
[01:40:03.440 --> 01:40:05.440]  I have a pilot's license.
[01:40:05.440 --> 01:40:07.440]  But when a policeman pulls me over on the street,
[01:40:07.440 --> 01:40:10.440]  he doesn't ask me for my pilot's license.
[01:40:10.440 --> 01:40:12.440]  Why not?
[01:40:12.440 --> 01:40:14.440]  I'm not flying.
[01:40:14.440 --> 01:40:16.440]  Why doesn't he ask you that?
[01:40:16.440 --> 01:40:19.440]  He doesn't have any money to make by trying to get you to believe
[01:40:19.440 --> 01:40:22.440]  that you were in the process of using that license.
[01:40:22.440 --> 01:40:27.440]  Yeah, and that's so ludicrous, he knows that would never fly.
[01:40:27.440 --> 01:40:34.440]  While I have a license, just because I secure a license to do one thing
[01:40:34.440 --> 01:40:41.440]  does not place me under the restrictions of that license in all aspects of my life.
[01:40:41.440 --> 01:40:46.440]  It only places me under the restrictions of that license
[01:40:46.440 --> 01:40:56.440]  if I am operating a aircraft, just like with a automobile.
[01:40:56.440 --> 01:41:00.440]  And not just operating an aircraft.
[01:41:00.440 --> 01:41:06.440]  I have to be operating the aircraft or the automobile for hire.
[01:41:06.440 --> 01:41:08.440]  That's the only time that can apply.
[01:41:08.440 --> 01:41:16.440]  And it had to be set up that way or the public would never have allowed it to happen.
[01:41:16.440 --> 01:41:21.440]  And as it was, the public was pleased to have restrictions on these trucks
[01:41:21.440 --> 01:41:23.440]  that were killing everybody and running them off the road
[01:41:23.440 --> 01:41:26.440]  and damaging the infrastructure.
[01:41:26.440 --> 01:41:33.440]  But over time, the police started enforcing these codes against the general public.
[01:41:33.440 --> 01:41:38.440]  And it's understandable how that happened.
[01:41:38.440 --> 01:41:44.440]  Everybody was required to get a driver's license.
[01:41:44.440 --> 01:41:53.440]  And the way the laws were set there is most indicative of how this was intended.
[01:41:53.440 --> 01:42:02.440]  The Tennessee case law says that the state has a vested interest in the safety of the highways.
[01:42:02.440 --> 01:42:10.440]  So therefore, they could require that every operator of any motorized conveyance
[01:42:10.440 --> 01:42:16.440]  on the public highways could be required to have a license,
[01:42:16.440 --> 01:42:20.440]  not for the purpose of operating in commerce,
[01:42:20.440 --> 01:42:28.440]  but as a demonstration of competence to operate, safely operate a vehicle
[01:42:28.440 --> 01:42:33.440]  and knowledge of the rules of the road so that they could operate safely.
[01:42:33.440 --> 01:42:39.440]  It did not imply that they were operating in commerce.
[01:42:39.440 --> 01:42:47.440]  So I have this automobile that is licensed and can be operated in commerce.
[01:42:47.440 --> 01:42:53.440]  And I have a commercial license that authorizes me to operate it in commerce,
[01:42:53.440 --> 01:42:59.440]  but that does not mean that I am necessarily operating it in commerce.
[01:42:59.440 --> 01:43:06.440]  First question should be, let me see your logbook.
[01:43:06.440 --> 01:43:13.440]  If I'm operating in commerce, I need a logbook.
[01:43:13.440 --> 01:43:17.440]  You notice the police never ask you for a logbook.
[01:43:17.440 --> 01:43:21.440]  The first question they never ask.
[01:43:21.440 --> 01:43:28.440]  So because they didn't ask that question, they have no subject manager restriction.
[01:43:28.440 --> 01:43:30.440]  Let's see, we're looking at our timing.
[01:43:30.440 --> 01:43:32.440]  Okay, we've got one more segment.
[01:43:32.440 --> 01:43:35.440]  Our phone lines are up, but we only have one segment left,
[01:43:35.440 --> 01:43:39.440]  so I'll just keep blabbering on about this.
[01:43:39.440 --> 01:43:41.440]  It's too late to try to take any calls.
[01:43:41.440 --> 01:43:45.440]  Call us back tomorrow night. Everything will be okay then.
[01:43:45.440 --> 01:43:48.440]  We'll be taking your calls for the whole four hours.
[01:43:48.440 --> 01:43:53.440]  And anybody who's on tonight, we'll try to bring you up to the front tomorrow.
[01:43:53.440 --> 01:43:59.440]  Randy Kelton, Brett Fountain, Root of the Law Radio, we'll be right back.
[01:43:59.440 --> 01:44:01.440]  Dang, cookies.
[01:44:01.440 --> 01:44:03.440]  Cookies? Me love cookies.
[01:44:03.440 --> 01:44:06.440]  Oh, hi, Cookie Munchers. No, these are yucky cookies.
[01:44:06.440 --> 01:44:09.440]  Cookies? Yucky? No, no bad cookies.
[01:44:09.440 --> 01:44:12.440]  You can't even eat these cookies. These are cyber cookies.
[01:44:12.440 --> 01:44:13.440]  No, can't eat?
[01:44:13.440 --> 01:44:16.440]  No, they are cyber cookies and they clog up your computer.
[01:44:16.440 --> 01:44:20.440]  These are apples. Really? Oh, that's an actual apple.
[01:44:20.440 --> 01:44:23.440]  Yummy apple.
[01:44:23.440 --> 01:44:26.440]  I'm going to throw away these yucky cookies in the trash.
[01:44:26.440 --> 01:44:32.440]  I click control, shift, delete, and then scroll down to cookies and clear them.
[01:44:32.440 --> 01:44:34.440]  Bye bye, yucky cookies.
[01:44:34.440 --> 01:44:40.440]  Now I go to logosradio.network.com and I click on the Amazon box on the upper right-hand side,
[01:44:40.440 --> 01:44:46.440]  bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[01:44:46.440 --> 01:44:48.440]  New cookies? For me?
[01:44:48.440 --> 01:44:50.440]  Consider it an early Christmas present.
[01:44:50.440 --> 01:44:57.440]  And every time I order on Amazon, I go through this link and I give a little present to this radio network, too.
[01:44:57.440 --> 01:44:58.440]  C is for cookie.
[01:44:58.440 --> 01:45:00.440]  C is for classified.
[01:45:00.440 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.440 --> 01:46:34.440]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:34.440 --> 01:46:39.440]  They got our phone lines back up, but we only have one segment, so we won't really have time to do much.
[01:46:39.440 --> 01:46:50.440]  And I wanted to finish this off. I think this is an important understanding, not just for traffic issues, but for application of law in general.
[01:46:50.440 --> 01:47:04.440]  Jurisdiction is absolutely critical, and there's been a lot of misunderstanding about this operating in commerce issue.
[01:47:04.440 --> 01:47:20.440]  And I'm hoping that I'm producing something to be completely lost. Where was I, Brett?
[01:47:20.440 --> 01:47:24.440]  Jurisdiction. It applies in all kinds of cases.
[01:47:24.440 --> 01:47:29.440]  Pattern interruption. I do neuroaggressive programming.
[01:47:29.440 --> 01:47:30.440]  Gotcha.
[01:47:30.440 --> 01:47:35.440]  Gotcha.
[01:47:35.440 --> 01:47:42.440]  The commerce angle, it was a necessary evil at the time.
[01:47:42.440 --> 01:47:57.440]  But it allowed them to get this passed into law without major objection, because at the time the general public was being subjected to commercial trucks that were scaring everybody.
[01:47:57.440 --> 01:48:01.440]  So it wasn't that difficult to get these passed into law.
[01:48:01.440 --> 01:48:07.440]  And just over time they started extending it.
[01:48:07.440 --> 01:48:16.440]  At first they said, well, we need everybody to get a license just to prove that they are competent and capable to operate safely on the highways.
[01:48:16.440 --> 01:48:32.440]  And then just gradually the police, since they saw a license plate and they were able to secure a commercial driver's license, they were able to act under the presumption that the person was in commerce.
[01:48:32.440 --> 01:48:40.440]  They didn't have an obligation to ask you if you were in commerce or not.
[01:48:40.440 --> 01:48:43.440]  They could operate from that presumption.
[01:48:43.440 --> 01:48:53.440]  And this led the police to actually believe that you were necessarily in commerce, or for the most part the police.
[01:48:53.440 --> 01:48:59.440]  Well, I want to say the police didn't know any better, but yeah, they did.
[01:48:59.440 --> 01:49:02.440]  They just did this because they could.
[01:49:02.440 --> 01:49:18.440]  They knew for certain when they deal with commercial trucks, if the trucker was not loaded and going from one load to another, the police know full well he's not in commerce.
[01:49:18.440 --> 01:49:23.440]  Now he has a license plate and he has a commercial license, just like you do.
[01:49:23.440 --> 01:49:25.440]  So when he's not in commerce, they know it.
[01:49:25.440 --> 01:49:29.440]  So when you're not in commerce, they absolutely know it.
[01:49:29.440 --> 01:49:34.440]  They don't have to enforce it that way anyway, and it's up to us to stop to that.
[01:49:34.440 --> 01:49:44.440]  And I hope that makes sense as to why this commercial issue is important and to how the commercial issue actually works.
[01:49:44.440 --> 01:49:53.440]  So when the policeman pulls you over, he should either ask you if you're operating in commerce or ask you for your logbook.
[01:49:53.440 --> 01:49:54.440]  If you have a logbook.
[01:49:54.440 --> 01:49:56.440]  Passenger manifest.
[01:49:56.440 --> 01:50:03.440]  Yeah, the logbook will show where he made it for the driver made his last drop.
[01:50:03.440 --> 01:50:06.440]  And it will show no subsequent load.
[01:50:06.440 --> 01:50:09.440]  So that tells the officer he's operating empty.
[01:50:09.440 --> 01:50:11.440]  He's not in commerce.
[01:50:11.440 --> 01:50:15.440]  They don't ask us for our logbooks, but they should.
[01:50:15.440 --> 01:50:19.440]  But then none of us know that he should.
[01:50:19.440 --> 01:50:22.440]  So we don't raise that issue so they can do whatever they want to.
[01:50:22.440 --> 01:50:26.440]  And they've never been to the training that they're required to go to if they were going to be traffic cops.
[01:50:26.440 --> 01:50:28.440]  They need to go to the state troopers.
[01:50:28.440 --> 01:50:30.440]  They got special training for that.
[01:50:30.440 --> 01:50:31.440]  Yeah, but the training.
[01:50:31.440 --> 01:50:32.440]  They've never been.
[01:50:32.440 --> 01:50:37.440]  They've been to training, and the training tells them to do what they're doing.
[01:50:37.440 --> 01:50:42.440]  That's just in the police academy or in their local, whoever commissioned them.
[01:50:42.440 --> 01:50:45.440]  They've never been to the traffic cop training.
[01:50:45.440 --> 01:50:47.440]  Exactly.
[01:50:47.440 --> 01:50:52.440]  But nobody's been raising the issue carefully enough.
[01:50:52.440 --> 01:51:05.440]  Now, the legislature, they certainly could take the motor vehicle laws and pass them into substantive law.
[01:51:05.440 --> 01:51:09.440]  But they didn't do that.
[01:51:09.440 --> 01:51:24.440]  Since they didn't do that, our local officials don't get to treat the transportation code as if it is public law, especially in Texas.
[01:51:24.440 --> 01:51:29.440]  This policeman pulled me over, and he was a municipal police officer.
[01:51:29.440 --> 01:51:31.440]  He had a gun on his hip.
[01:51:31.440 --> 01:51:35.440]  He turned those lights on, and they placed me under threat.
[01:51:35.440 --> 01:51:39.440]  I had reason to believe that if I didn't pull over immediately, he's going to chase me down.
[01:51:39.440 --> 01:51:44.440]  He's likely to shoot me if he needs to to get me to stop.
[01:51:44.440 --> 01:51:48.440]  But he didn't have authority to do that.
[01:51:48.440 --> 01:51:59.440]  I can't find anything in Texas law that authorizes a municipal police officer to enforce the Texas transportation code.
[01:51:59.440 --> 01:52:12.440]  I can find something that authorizes a municipal officer to do what is called DOT inspections, safety inspections on commercial vehicles.
[01:52:12.440 --> 01:52:16.440]  But there's a lot of hoops they have to jump through to get there.
[01:52:16.440 --> 01:52:22.440]  But that only applies to doing safety inspections.
[01:52:22.440 --> 01:52:30.440]  It doesn't apply to enforcement of the transportation code generally.
[01:52:30.440 --> 01:52:39.440]  So he turned his lights on me, and I had reason to believe and did believe that he did not have authority to enforce the transportation code.
[01:52:39.440 --> 01:52:43.440]  Turns out I was right. He did not.
[01:52:43.440 --> 01:52:46.440]  He did that while permanently displaying a deadly weapon.
[01:52:46.440 --> 01:52:50.440]  I had reason to believe when he turned those lights on that he had a deadly weapon on him.
[01:52:50.440 --> 01:52:58.440]  And when he got out of his vehicle and walked up to my vehicle, absolutely I confirmed he did have a deadly weapon.
[01:52:58.440 --> 01:53:13.440]  That's aggravated assault, first degree felony, aggravated assault, 2202 paragraph B2A, Texas penal code, first degree felony.
[01:53:13.440 --> 01:53:21.440]  Heck, I didn't make that up. But it was my duty since I had knowledge of a felony to report that felony.
[01:53:21.440 --> 01:53:29.440]  And I did that. I reported it to the chief of police in the form of a verified criminal affidavit.
[01:53:29.440 --> 01:53:35.440]  And from what I've been told, he sent that to the city's lawyer.
[01:53:35.440 --> 01:53:40.440]  Well, the city's got two lawyers. This is Rome, Texas.
[01:53:40.440 --> 01:53:45.440]  One of them is a prosecutor and one of them is a city attorney.
[01:53:45.440 --> 01:53:49.440]  So I don't know which one he sent them to. I contacted the city to try to find out,
[01:53:49.440 --> 01:53:53.440]  and they were going to look it up and get back to me, and they didn't.
[01:53:53.440 --> 01:53:55.440]  There must have been both of them.
[01:53:55.440 --> 01:53:57.440]  Yes. Yeah, there must have had to be.
[01:53:57.440 --> 01:54:07.440]  So I figured, what the heck, I'll just bar-grieve them both and file criminal charges against both of them and let God sort it out.
[01:54:07.440 --> 01:54:13.440]  So the one who had nothing to do with it is going to be an unhappy camper.
[01:54:13.440 --> 01:54:16.440]  And here's what I bar-grieve them for.
[01:54:16.440 --> 01:54:24.440]  I assume whoever got it was acting in the capacity of the prosecutor.
[01:54:24.440 --> 01:54:30.440]  And when the prosecutor has made known to him that a crime has been committed, he is commanded to give notice to some magistrate.
[01:54:30.440 --> 01:54:33.440]  Is that 2.05 Bratton?
[01:54:33.440 --> 01:54:41.440]  Yeah, there's 2.05. He draws up the complaints, and 2.03 is the neglect of duty.
[01:54:41.440 --> 01:54:47.440]  Well, one of them requires him to give notice to some magistrate.
[01:54:47.440 --> 01:54:55.440]  I think that's in the end of 2.05, but he's required to give notice of crime to some magistrate.
[01:54:55.440 --> 01:55:05.440]  Well, apparently he didn't do that, so he shielded the accused from prosecution
[01:55:05.440 --> 01:55:16.440]  and secreted a government document from the office or individual it was directed to, some magistrate.
[01:55:16.440 --> 01:55:21.440]  That's tampering. Both of them, it amounts to shielding.
[01:55:21.440 --> 01:55:24.440]  Did I say that already?
[01:55:24.440 --> 01:55:29.440]  Yeah, he shielded the accused from prosecution.
[01:55:29.440 --> 01:55:39.440]  And he committed official misconduct or official oppression by failing to perform a duty he is required to perform and denied me any protection in the laws.
[01:55:39.440 --> 01:55:41.440]  How do you make these up?
[01:55:41.440 --> 01:55:46.440]  So what I'll do is file against both of them.
[01:55:46.440 --> 01:55:50.440]  Yeah, let them figure out who was the bad guy.
[01:55:50.440 --> 01:55:57.440]  I think you're talking about in 2.05 where you're filing a complaint with the magistrate is the end of 2.05.
[01:55:57.440 --> 01:56:01.440]  That's if it's a felony.
[01:56:01.440 --> 01:56:11.440]  But he does have, with 2.05, he still has the duty to draw up an information based on that complaint and file it in the court having jurisdiction.
[01:56:11.440 --> 01:56:14.440]  Well, in my case, it was a felony.
[01:56:14.440 --> 01:56:16.440]  Oh, it's true.
[01:56:16.440 --> 01:56:21.440]  First degree felony.
[01:56:21.440 --> 01:56:23.440]  So they didn't do it.
[01:56:23.440 --> 01:56:28.440]  So the primary thing is read the codes.
[01:56:28.440 --> 01:56:35.440]  The only reason I can do this is I've read these codes a couple of times, probably four or five times.
[01:56:35.440 --> 01:56:37.440]  Each time you read them, you find new gems.
[01:56:37.440 --> 01:56:44.440]  But the first two times, the one that's cathartic, you'll start stitching all these pieces together.
[01:56:44.440 --> 01:56:51.440]  And it will jump out at you when they're not following the law the way it's written.
[01:56:51.440 --> 01:56:59.440]  And the one thing you'll find about the law, it is extremely well constructed.
[01:56:59.440 --> 01:57:04.440]  All of those requirements are pivotal.
[01:57:04.440 --> 01:57:08.440]  If they weren't pivotal, they would not be there.
[01:57:08.440 --> 01:57:14.440]  I've had people say, wow, we need a new law for this or that, but it's really hard to get a new law passed.
[01:57:14.440 --> 01:57:15.440]  Yes, it is.
[01:57:15.440 --> 01:57:17.440]  It's extremely hard.
[01:57:17.440 --> 01:57:21.440]  And it should be extremely hard.
[01:57:21.440 --> 01:57:28.440]  This avoids really nonsense and partisan laws being passed.
[01:57:28.440 --> 01:57:32.440]  It doesn't avoid it altogether to get it through sometimes, but it's still a struggle.
[01:57:32.440 --> 01:57:34.440]  It should be hard to change law.
[01:57:34.440 --> 01:57:46.440]  And because of that, over the last couple hundred years in Texas, we have evolved an extremely well-constructive body of law.
[01:57:46.440 --> 01:57:51.440]  Every remedy you need is in there.
[01:57:51.440 --> 01:57:55.440]  And the way to find it, just read through them.
[01:57:55.440 --> 01:58:02.440]  Read it quickly, go back, read it again, and you will have an internal referential index for those codes.
[01:58:02.440 --> 01:58:06.440]  Somebody will do something, and you'll say, wait a minute, wait a minute.
[01:58:06.440 --> 01:58:08.440]  I've seen that somewhere.
[01:58:08.440 --> 01:58:09.440]  Yeah, I've seen that.
[01:58:09.440 --> 01:58:12.440]  And then you go find it.
[01:58:12.440 --> 01:58:14.440]  And you'll make these public officials crazy.
[01:58:14.440 --> 01:58:16.440]  Thank you all for listening.
[01:58:16.440 --> 01:58:21.440]  We'll be back tomorrow night on our four-hour info marathon.
[01:58:21.440 --> 01:58:27.440]  And we've got the phone lines fixed, so the phone lines will be up, and we'll be taking your calls all night.
[01:58:27.440 --> 01:58:36.440]  We'll try to remember who all was on the board tonight when the boards were down, and take you first tomorrow night.
[01:58:36.440 --> 01:58:38.440]  Thank you all for listening.
[01:58:38.440 --> 01:58:47.440]  And you can go to River Law Radio, and we have some places to donate if you want to help us keep this station more stable.
[01:58:47.440 --> 01:58:49.440]  Thank you for listening.
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