[00:00.000 --> 00:06.260] The Bill of Rights contains the first ten amendments of our Constitution that guarantee [00:06.260 --> 00:09.460] the specific freedoms Americans should know and protect. [00:09.460 --> 00:10.860] Our liberty depends on it. [00:10.860 --> 00:14.860] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [00:14.860 --> 00:16.940] your First Amendment rights. [00:16.940 --> 00:18.540] Privacy is under attack. [00:18.540 --> 00:22.140] When you give up data about yourself, you'll never get it back again. [00:22.140 --> 00:26.940] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [00:26.940 --> 00:32.020] It'll protect your rights, say no to surveillance, and keep your information to yourself. [00:32.020 --> 00:33.020] Privacy. [00:33.020 --> 00:34.700] It's worth hanging on to. [00:34.700 --> 00:38.980] This public service announcement is brought to you by Startpage.com, the private search [00:38.980 --> 00:42.520] engine alternative to Google, Yahoo, and Bing. [00:42.520 --> 00:44.740] Start over with Startpage. [00:44.740 --> 00:46.580] Spar. [00:46.580 --> 00:47.820] It's what fighters do. [00:47.820 --> 00:50.780] It's also how I remember the five guarantees of the First Amendment. [00:50.780 --> 00:54.500] If you plan to take away my rights, I'm going to spar with you. [00:54.500 --> 01:01.580] Spar with an extra P. S for speech, P for press, another P for petition, A for assembly, [01:01.580 --> 01:02.940] and R for religion. [01:02.940 --> 01:07.100] Most Americans are familiar with the First Amendment guarantees of free speech, press, [01:07.100 --> 01:08.100] assembly, and religion. [01:08.100 --> 01:10.860] But petition for redress is another matter. [01:10.860 --> 01:14.580] We have the right to petition the government for a redress of grievances. [01:14.580 --> 01:18.100] It means that if we're unhappy with what's going on in our government, we can spell out [01:18.100 --> 01:20.820] the reasons without fear of being thrown into jail. [01:20.820 --> 01:25.220] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:25.220 --> 01:36.540] Pressure, we usually associate it with stress and negativity, but sometimes a bit of pressure [01:36.540 --> 01:37.540] can be healing. [01:37.540 --> 01:41.580] I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like nausea can [01:41.580 --> 01:46.580] be cured using the traditional Chinese therapy known as acupressure. [01:46.580 --> 01:47.780] Privacy is under attack. [01:47.780 --> 01:51.740] When you give up data about yourself, you'll never get it back again. [01:51.740 --> 01:56.540] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:56.540 --> 02:01.540] So protect your rights, say no to surveillance, and keep your information to yourself. [02:01.540 --> 02:04.300] Privacy, it's worth hanging onto. [02:04.300 --> 02:08.580] This public service announcement is brought to you by StartPage.com, the private search [02:08.580 --> 02:12.120] engine alternative to Google, Yahoo, and Bing. [02:12.120 --> 02:16.220] Start over with StartPage. [02:16.220 --> 02:20.100] Acupressure is an ancient practice that uses finger or hand pressure to cure everything [02:20.100 --> 02:22.220] from headaches to constipation. [02:22.220 --> 02:25.620] The pressure is applied to points known as meridians that are believed to control the [02:25.620 --> 02:28.380] flow of energy in the human body. [02:28.380 --> 02:32.100] Acupressure offers a simple cure for nausea you might try the next time you get a queasy [02:32.100 --> 02:34.900] stomach or a case of motion sickness. [02:34.900 --> 02:38.060] Simply apply moderate pressure to the point known as P6. [02:38.060 --> 02:42.540] You'll find it on the inside of your wrist, about two fingers' width down from your palm. [02:42.540 --> 02:47.460] Using pressure on the P6 point works on the same principle as those pricey anti-nausea [02:47.460 --> 02:48.460] wristbands. [02:48.460 --> 02:50.980] But this relief is free and always on hand. [02:50.980 --> 02:53.140] I'm Dr. Catherine Albrecht. [02:53.140 --> 03:23.060] More news and information at CatherineAlbrecht.com. [03:24.140 --> 03:35.020] Alright folks, good evening, this is the Monday Night Rule of Law Radio Show with your host [03:35.020 --> 03:36.020] Eddie Craig. [03:36.020 --> 03:39.300] It is the first of August 2022. [03:39.300 --> 03:40.640] We are live tonight. [03:40.640 --> 03:43.140] This is not Memorex. [03:43.140 --> 03:46.260] Now something I'd like to talk to you folks about. [03:46.260 --> 03:51.700] I've been going through some research dealing partly with Randy's lawsuit and partly with [03:51.700 --> 03:55.820] some people that I'm trying to help on several different kinds of cases. [03:55.820 --> 04:01.100] All of them stem from the fact that the courts in this state, as you are well aware by now [04:01.100 --> 04:07.540] after listening to this show for all this time, are not complying with the law. [04:07.540 --> 04:12.460] The research I've been doing for the past week and just finally got the documentation [04:12.460 --> 04:19.260] from the state law library on today goes into the issue of the examining trial. [04:19.260 --> 04:29.580] Now there used to be prior to 1965 a code called the old code that was the original [04:29.580 --> 04:31.740] code of criminal procedure. [04:31.740 --> 04:37.500] The copy I have from the state law library prior to the 1965 version was first printed [04:37.500 --> 04:40.420] in 1857. [04:40.420 --> 04:50.980] So this is what the law said from 1857 up until at least 1925. [04:50.980 --> 04:56.260] And then in 1925 it was revised again into the code of criminal procedure as we know [04:56.260 --> 05:01.300] it in 1965. [05:01.300 --> 05:10.940] But as of 1857 under Chapter 3, Article 233 of the original code of criminal procedure, [05:10.940 --> 05:13.020] we have this. [05:13.020 --> 05:19.540] When a person accused of an offense has been brought before a magistrate, that officer [05:19.540 --> 05:25.700] shall proceed to examine into the truth of the accusation made, allowing the accused [05:25.700 --> 05:31.220] however sufficient time to procure the aid of counsel. [05:31.220 --> 05:39.860] Now right there, that is the command to the judiciary that they are to conduct an examining [05:39.860 --> 05:48.420] trial in a criminal case and it does not make any distinction whatsoever about the kind [05:48.420 --> 05:51.260] of criminal case. [05:51.260 --> 05:58.140] Now the reason that is significant is because that holds true today just as it did in this [05:58.140 --> 06:01.100] 1857 version. [06:01.100 --> 06:07.020] The command shall is still the way it is worded today. [06:07.020 --> 06:15.820] It creates a legal duty upon a magistrate upon the presentation of a criminal complaint [06:15.820 --> 06:21.180] to act upon that criminal complaint by convening and examining trial. [06:21.180 --> 06:25.900] It is not a discretionary duty. [06:25.900 --> 06:37.620] Shall, if you look in Chapter 311 of the government code, is defined as creates a duty. [06:37.620 --> 06:46.940] They have a legal duty to perform the functions commanded by this article and they are refusing [06:46.940 --> 06:51.100] to do it. [06:51.100 --> 06:59.220] The basis they rely upon for this is a case called Clark v. State. [06:59.220 --> 07:05.420] But when you read Clark v. State, it does not say what they are trying to claim that [07:05.420 --> 07:11.260] it says, which is that Clark v. State did away with the requirement of an examining [07:11.260 --> 07:14.580] trial in misdemeanor cases. [07:14.580 --> 07:17.060] No it did not. [07:17.060 --> 07:22.780] In fact, there is no way that opinion could be constitutionally valid because it does [07:22.780 --> 07:30.180] not comply with the Texas Constitution's due process requirements or the statutory [07:30.180 --> 07:31.820] scheme that is the code of criminal procedure. [07:31.820 --> 07:37.620] In other words, the judiciary in Clark v. State completely ignored and overruled state [07:37.620 --> 07:45.460] law to create a doctrine that is absolutely illegal. [07:45.460 --> 07:52.780] And they have perpetrated that crime all the way through current day. [07:52.780 --> 07:58.140] You cannot read all of the statutes relative to the examining trial and the requirements [07:58.140 --> 08:04.100] before and after that examining trial and come to any conclusion other than the courts [08:04.100 --> 08:11.100] have chosen to act for their own benefit over the rights of the people to substantive and [08:11.100 --> 08:13.860] procedural due process. [08:13.860 --> 08:20.140] Now their argument is, is that we do not have a right to an examining trial. [08:20.140 --> 08:23.900] And as Randy likes to say, so what? [08:23.900 --> 08:29.460] Who cares that you say I don't have a right to the examining trial? [08:29.460 --> 08:32.620] The examining trial is not about right. [08:32.620 --> 08:40.420] It is about two things, a legal duty that is placed upon the members of the judiciary [08:40.420 --> 08:45.100] and the right to substantive procedural due process. [08:45.100 --> 08:48.700] Now you could say I don't have a right to the examining trial all day long. [08:48.700 --> 08:52.020] But that doesn't change the fact that you have a legal duty under the code of criminal [08:52.020 --> 08:54.700] procedure to perform one. [08:54.700 --> 09:00.820] It also does not change the fact that the requirements of that examining trial are what [09:00.820 --> 09:06.300] goes through the process of investing court or jurisdiction on the trial court to hear [09:06.300 --> 09:13.220] the case beyond the indictment and information. [09:13.220 --> 09:18.900] So when you say I have no right to an examining trial in straight up parlance, that is true. [09:18.900 --> 09:22.660] But I do have a right to due process. [09:22.660 --> 09:28.140] And I do have a right to know where your jurisdiction lies and comes from. [09:28.140 --> 09:34.380] And I do have a right to challenge it at any time if it doesn't exist. [09:34.380 --> 09:40.580] Or if I can show that your subject matter jurisdiction doesn't exist. [09:40.580 --> 09:46.060] And the fact of the matter is the examining trial goes directly to the issue of subject [09:46.060 --> 09:49.680] matter jurisdiction here in the state of Texas. [09:49.680 --> 09:54.940] When you look at Chapter 16 of the existing code today, it gives you all the process the [09:54.940 --> 10:02.100] magistrate is required to go through in convening, holding, and going through every step of that [10:02.100 --> 10:03.500] examining trial. [10:03.500 --> 10:07.620] And in everything he is required to do as a matter of law once that examining trial [10:07.620 --> 10:09.260] has been completed. [10:09.260 --> 10:17.260] He is required to sign an order either finding probable cause or finding none. [10:17.260 --> 10:24.340] He is either to release the accused after that finding if there was no finding. [10:24.340 --> 10:30.580] Or he is required to place him on bail after issuing a warrant for his arrest if probable [10:30.580 --> 10:34.020] cause was found. [10:34.020 --> 10:39.260] Now be aware that here in Texas and anywhere else for that matter, this examining trial [10:39.260 --> 10:45.980] process has to make two probable cause determinations, not simply one. [10:45.980 --> 10:52.460] Subject matter is but one of the jurisdictional issues it has to determine. [10:52.460 --> 11:05.820] The other is whether or not the warrantless arrest of the accused was reasonable and lawful. [11:05.820 --> 11:11.380] It is the presumption of the courts that any arrest, even if it's authorized by statute, [11:11.380 --> 11:19.780] if the arrest is made without a warrant, then a magistrate is the only person who can make [11:19.780 --> 11:25.020] an independent determination as to whether or not that warrantless arrest was valid. [11:25.020 --> 11:30.660] That is exactly why every single place in our current code of criminal procedure that [11:30.660 --> 11:37.780] describes an officer's ability to make a warrantless arrest, it also contains a legal duty to take [11:37.780 --> 11:45.720] that individual arrested immediately before the nearest available magistrate. [11:45.720 --> 11:53.580] It says that and makes no exception of any kind, no matter what the offense, no matter [11:53.580 --> 12:01.700] what time of day, it is a requirement the individual be taken before a magistrate if [12:01.700 --> 12:09.060] they were arrested either with or without a warrant here in the state of Texas. [12:09.060 --> 12:16.180] The 1517 proceeding that's in the code of criminal procedure only exists for those who [12:16.180 --> 12:20.300] are arrested with a valid warrant. [12:20.300 --> 12:25.860] That is not the process that is to be used for someone who is arrested without a valid [12:25.860 --> 12:28.220] warrant. [12:28.220 --> 12:35.780] The process for those arrested without a valid warrant is found in Chapter 16, not Chapter [12:35.780 --> 12:43.980] 15, and most certainly not Article 15.17. [12:43.980 --> 12:50.260] The process in Chapter 16 is where the probable cause first and foremost that must be determined [12:50.260 --> 12:57.580] is was the warrantless seizure and arrest of the accused constitutionally reasonable [12:57.580 --> 13:01.220] and legal. [13:01.220 --> 13:09.860] If that was not, the rest of it is moot. [13:09.860 --> 13:12.300] And they don't want to admit that. [13:12.300 --> 13:20.340] They want to ignore that, all to make their job easier. [13:20.340 --> 13:31.620] They want to make due process and actual justice a side effect of the law and the procedure, [13:31.620 --> 13:35.660] not its purpose. [13:35.660 --> 13:43.580] If you get justice, well, that just happened accidentally because we were going to go, [13:43.580 --> 13:50.020] we were going to hold our procedure and everything about it over your right to justice and your [13:50.020 --> 13:53.460] right to due process. [13:53.460 --> 13:55.620] That's the way they're viewing this. [13:55.620 --> 14:01.260] But they have taken it upon themselves to rewrite the procedure where they don't have [14:01.260 --> 14:07.180] to do the things that the law that constitutes the procedure prescribes. [14:07.180 --> 14:13.140] See, without this examining trial, they get to shortcut everything and take us straight [14:13.140 --> 14:19.060] to trial without ever making a probable cause determination about anything, not only about [14:19.060 --> 14:23.420] whether or not our warrantless arrest was valid, but about whether or not we could actually [14:23.420 --> 14:32.460] have been held in jail until trial because there was probable cause to believe we actually [14:32.460 --> 14:36.700] committed the offense alleged against us. [14:36.700 --> 14:43.140] The cops do not get to determine whether or not their arrest was valid. [14:43.140 --> 14:49.060] The cops do not get to determine whether or not we should be incarcerated. [14:49.060 --> 14:56.860] Under Texas law, that duty falls solely upon the head of a magistrate. [14:56.860 --> 15:05.820] And the magistrates and the judges are not doing their duty in this state, not a one [15:05.820 --> 15:10.780] of them at any level. [15:10.780 --> 15:16.100] And so Randy's got his lawsuit making this as one of his major arguments. [15:16.100 --> 15:24.220] The problem is is I don't know how he's going to make that work the way he's trying to make [15:24.220 --> 15:25.220] it work. [15:25.220 --> 15:27.500] But if he does, great. [15:27.500 --> 15:31.820] What I'm going to do is I'm going to try to get a petition for redress agreements. [15:31.820 --> 15:38.780] And I'm going to try to get as many signatures attached to that redress as I possibly can. [15:38.780 --> 15:46.540] Now I'm going to try to get it where we get to use it in open discussion with the legislature [15:46.540 --> 15:55.900] on the floor of the Texas legislature itself, where we get to Q&A, answer questions, argue [15:55.900 --> 16:05.220] points of law, and force the entire body of the legislature to pay attention for once. [16:05.220 --> 16:09.340] Now if Randy's lawsuit works, great. [16:09.340 --> 16:16.820] But if we don't start acting together to make these changes, this is going to be done more [16:16.820 --> 16:18.300] and more. [16:18.300 --> 16:24.220] And we're going to have less and less capability of protecting our rights and making them comply [16:24.220 --> 16:28.800] with law if we allow it to continue. [16:28.800 --> 16:36.860] So folks, I'm asking you, please, donate, keep us financed, keep us going, keep us able [16:36.860 --> 16:44.540] to do this research, to do this job for your benefit, not our benefit, but your benefit. [16:44.540 --> 16:47.660] Because what we're doing is directly meant to do that. [16:47.660 --> 16:50.020] Y'all hang on, we're going to take a break. [16:50.020 --> 17:01.180] We will be right back. [17:01.180 --> 17:05.620] Are you looking to have a closer relationship with God and a better understanding of His [17:05.620 --> 17:06.620] Word? [17:06.620 --> 17:11.700] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for scripture [17:11.700 --> 17:18.100] talk, where Nana and her guests discuss the scriptures in accord with 2nd Timothy 2.15. [17:18.100 --> 17:22.620] Ready to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [17:22.620 --> 17:25.060] dividing the word of truth. [17:25.060 --> 17:29.020] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse [17:29.020 --> 17:32.340] by verse and discuss the true gospel message. [17:32.340 --> 17:36.980] Our second hour topical studies will vary each week with discussions on sound doctrine [17:36.980 --> 17:39.340] and Christian character development. [17:39.340 --> 17:43.860] We wish to reflect God's light and be a blessing to all those with a hearing ear. [17:43.860 --> 17:48.260] Our goal is to strengthen our faith and to transform ourselves more into the likeness [17:48.260 --> 17:49.900] of our Lord and Savior Jesus. [17:49.900 --> 17:57.100] So tune in to scripture talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [17:57.100 --> 18:00.860] motivate your studies of the scriptures. [18:00.860 --> 18:05.580] Are you being harassed by debt collectors with phone calls, letters or even losses? [18:05.580 --> 18:09.660] Stop debt collectors now with the Michael Mears proven method. [18:09.660 --> 18:14.620] Michael Mears has won 6 cases in federal court against debt collectors and now you can win [18:14.620 --> 18:15.620] too. [18:15.620 --> 18:19.860] You'll get step by step instructions in plain English on how to win in court using federal [18:19.860 --> 18:20.860] civil rights statutes. [18:20.860 --> 18:25.100] What to do when contacted by phones, mail or court summons? [18:25.100 --> 18:27.100] How to answer letters and phone calls? [18:27.100 --> 18:29.700] How to get debt collectors out of your credit report? [18:29.700 --> 18:34.340] How to turn the financial tables on them and make them pay you to go away? [18:34.340 --> 18:39.460] The Michael Mears proven method is the solution for how to stop debt collectors. [18:39.460 --> 18:41.380] Final consultation is available as well. [18:41.380 --> 18:47.140] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [18:47.140 --> 18:49.620] or email michaelmears at yahoo.com. [18:49.620 --> 18:59.140] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-m at yahoo.com to learn how to stop debt [18:59.140 --> 19:00.140] collectors now. [19:00.140 --> 19:10.500] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:10.500 --> 19:30.380] All right, folks. [19:30.380 --> 19:31.380] We are back. [19:31.380 --> 19:37.300] This is Rule of Law Radio, the call in number 512-646-1984. [19:37.300 --> 19:38.660] You want to call in and talk? [19:38.660 --> 19:39.660] Let's do that. [19:39.660 --> 19:40.660] Okay. [19:40.660 --> 19:47.180] Now, as to the Code of Criminal Procedure, in this old code, all of Chapter 3 appears [19:47.180 --> 19:52.220] to be what Chapter 16 is current day. [19:52.220 --> 19:58.220] The statutes have been renumbered, but they say there's not as many of them in the original [19:58.220 --> 20:00.020] code, by the way, as there is now. [20:00.020 --> 20:05.780] But that's because there's been tons of case law since 1857 more clearly delineating what [20:05.780 --> 20:08.620] is required to provide proper due process. [20:08.620 --> 20:10.900] A lot of this in the old code. [20:10.900 --> 20:17.780] If you tried this stuff today as a cop or a judge, you'd wind up with your butt in prison. [20:17.780 --> 20:23.100] The old code says that in the case of a felony offense, an officer may break down the door [20:23.100 --> 20:28.220] of any home and enter to make an arrest in the case of a felony once he's stated what [20:28.220 --> 20:30.060] his authority to do so is. [20:30.060 --> 20:33.500] Well, they can't do that, and the Supreme Court has said so. [20:33.500 --> 20:38.060] If you go into a private residence felony or not, and the person that you're trying [20:38.060 --> 20:43.980] to arrest, you don't have any evidence that that person's going to escape, just simply [20:43.980 --> 20:47.660] that they're inside the home, you have to get a warrant. [20:47.660 --> 20:51.700] The only exception to that is hot pursuit. [20:51.700 --> 20:56.320] So you can't just go busted into someone's house, felony or not, and make an arrest unless [20:56.320 --> 21:03.820] you can either see the act being committed and it's endangering the life of someone else, [21:03.820 --> 21:06.540] or you are in hot pursuit. [21:06.540 --> 21:10.460] Otherwise, you go get a warrant. [21:10.460 --> 21:15.060] So some of the stuff that's in the old code most definitely has been overruled by now. [21:15.060 --> 21:22.100] But the procedure itself is fairly similar in the old code and the new code. [21:22.100 --> 21:28.740] It's just more fleshed out in the new code with more specific details that are required. [21:28.740 --> 21:34.420] And in each of those instances, the courts in Texas are ignoring the law to do what they [21:34.420 --> 21:37.620] wish instead of what they're supposed to be doing. [21:37.620 --> 21:43.300] Now the problem with this, of course, is that there is law on the books that specifically [21:43.300 --> 21:48.860] says that they have to treat the code of criminal procedure or any other rules of procedure [21:48.860 --> 21:52.220] as if they were enacted law. [21:52.220 --> 21:55.500] And there's case law in Texas that specifically says that. [21:55.500 --> 21:59.820] In fact, let me see if I've got the case here. [21:59.820 --> 22:02.660] I'm not sure if I do or not, but I did have. [22:02.660 --> 22:07.220] I know I was reading it today, so let me see. [22:07.220 --> 22:12.900] Yeah, there we go. [22:12.900 --> 22:14.580] OK, well, I guess this is it. [22:14.580 --> 22:18.780] No, that's not it. [22:18.780 --> 22:19.460] Oh, there we go. [22:19.460 --> 22:21.220] All right. [22:21.220 --> 22:27.660] So if we go all the way back up to this document here and we look down, the case law that tells [22:27.660 --> 22:37.460] us this is as follows. [22:37.460 --> 22:41.580] Procedural rules have the same force and effect as statutes. [22:41.580 --> 22:48.220] They should be interpreted and construed under the rules applicable to legislative enactments. [22:48.220 --> 22:59.980] And that is Reese v. State, 772 SW 2nd, 288 at 290, Texas Appellate Court, Waco, 1989. [22:59.980 --> 23:07.860] OK, now, as to whether or not they can shrug off the code of criminal procedure and the [23:07.860 --> 23:14.020] legal duties that exist under it, here's the case law on that. [23:14.020 --> 23:20.500] No one, under any circumstances, should be deprived of any right given him by the laws [23:20.500 --> 23:22.380] of this state. [23:22.380 --> 23:29.060] And if any provision of our code of criminal procedure has been overlooked or disregarded, [23:29.060 --> 23:36.580] if in the remotest degree it could have been hurtful or harmful to the person on trial, [23:36.580 --> 23:39.500] the verdict should be set aside. [23:39.500 --> 23:46.140] He has a right to be tried in accordance with the rules and form of law. [23:46.140 --> 23:52.740] And if this sort of trial is not accorded him, he has the right to complain. [23:52.740 --> 23:57.300] And to this complaint, we will always give an attentive ear. [23:57.300 --> 24:07.780] Parker v. State, 745 SW 2nd, 934 at 937, Texas Appellate Court, 1st District of Houston, [24:07.780 --> 24:09.380] 1988. [24:09.380 --> 24:13.620] So these are not ancient cases, folks. [24:13.620 --> 24:20.060] Right here, the courts have ruled that the code of criminal procedure has to be complied [24:20.060 --> 24:21.340] with. [24:21.340 --> 24:27.260] And yet, right now, we have every court in the state of Texas treating it as if it doesn't [24:27.260 --> 24:34.460] exist or doesn't mean what it says or says something different other than what's actually [24:34.460 --> 24:36.300] printed in it. [24:36.300 --> 24:39.500] Take your pick. [24:39.500 --> 24:47.580] Now, when the courts are citing Clark v. State as their authority to ignore an examining [24:47.580 --> 24:53.620] trial process in a misdemeanor case, they run afoul of a United States Supreme Court [24:53.620 --> 24:56.540] ruling, which is Gerstein v. Pew. [24:56.540 --> 25:05.500] Now, the fact is, Clark does not say what they're claiming that it says. [25:05.500 --> 25:11.260] Therefore, if the argument they are making, which is the one they are making, is that [25:11.260 --> 25:17.140] Clark does something it does not say, which is take away a right guaranteed by statute, [25:17.140 --> 25:22.820] which is substantive procedural due process, not the right to an examining trial, but the [25:22.820 --> 25:29.500] right to the substantive due process, which the examining trial under Texas statutes is [25:29.500 --> 25:34.900] an integrated part of, it cannot be separated out. [25:34.900 --> 25:41.220] At any point, not even with an indictment. [25:41.220 --> 25:49.340] Because under Texas law, as it exists, the grand jury in Texas has no power to determine [25:49.340 --> 25:54.420] probable cause, not according to our law as it exists. [25:54.420 --> 26:00.420] Now, you can argue historically, like Randy did with me six years ago, that that's 800 [26:00.420 --> 26:03.740] years of case law under the Bagnacarta that says they can. [26:03.740 --> 26:06.780] Well, that may be true. [26:06.780 --> 26:12.140] But the issue here is not what they've had 800 years of being able to do, it's whether [26:12.140 --> 26:20.100] or not the current black letter law on the books in Texas complies with that history. [26:20.100 --> 26:23.540] And it doesn't. [26:23.540 --> 26:32.780] Here in Texas, the rules are that the examining trial and only the examining trial is where [26:32.780 --> 26:37.660] probable cause is to be determined. [26:37.660 --> 26:42.980] Once probable cause has been determined there, the records of the examining trial are taken [26:42.980 --> 26:48.060] and sent to the court having proper jurisdiction to try the offense. [26:48.060 --> 26:54.480] And under the code of criminal procedure, that court is then required to hand that packet [26:54.480 --> 27:00.460] of information off to the grand jury for the purposes of getting an indictment. [27:00.460 --> 27:04.780] And again, it doesn't matter what level of offense. [27:04.780 --> 27:11.380] The Texas Constitution prior to the 1876 version contained a requirement in the Bill of Rights [27:11.380 --> 27:16.300] under Section 10 that specifically stated no person in the state of Texas can be charged [27:16.300 --> 27:23.580] with a crime except upon indictment by a grand jury, I'm sorry, can be prosecuted for a crime [27:23.580 --> 27:27.100] except upon indictment of a grand jury. [27:27.100 --> 27:34.220] Now, the legislature petitioned to have that portion of the Bill of Rights amended to remove [27:34.220 --> 27:36.180] that requirement. [27:36.180 --> 27:42.420] But there once again is a constitutional problem with that attempt to remove that protected [27:42.420 --> 27:44.020] right. [27:44.020 --> 27:47.340] And that is Article 1, Section 29. [27:47.340 --> 27:55.160] See, the way I read Article 1, Section 29 of our Bill of Rights under our state constitution [27:55.160 --> 27:56.580] is very straightforward. [27:56.580 --> 27:59.900] It means exactly what it says. [27:59.900 --> 28:07.900] And that is, in plain language, that once a right has been specifically enumerated within [28:07.900 --> 28:14.980] the Bill of Rights, it is forever removed from the powers of government. [28:14.980 --> 28:18.060] And what is one of the powers of the government? [28:18.060 --> 28:22.140] To offer up amendments to the state constitution. [28:22.140 --> 28:28.540] Now, if the legislature has no power to amend the Bill of Rights and take a right away from [28:28.540 --> 28:34.420] me as an individual, then neither do the people of Texas. [28:34.420 --> 28:40.780] My neighbor cannot vote on what my rights are and what they aren't. [28:40.780 --> 28:45.400] Not once they're guaranteed to me they can't touch them. [28:45.400 --> 28:53.060] And so where our constitution enshrines that right in writing, it can no longer be amended [28:53.060 --> 28:54.700] to remove it. [28:54.700 --> 29:01.460] Now they can add newly protected rights to it all day long because they are not in the [29:01.460 --> 29:08.860] Bill of Rights at the time so as to be forever removed from the powers of government. [29:08.860 --> 29:13.300] But once they are, that right cannot be taken away. [29:13.300 --> 29:20.380] It cannot be taken out of the constitution and treated like it never existed. [29:20.380 --> 29:25.540] So not only does the requirement for a grand jury indictment still exist as a constitutionally [29:25.540 --> 29:31.420] protected right under that interpretation of Article 1, Section 29, but that would still [29:31.420 --> 29:38.220] put it in full compliance with the rest of the constitution, such as Article 5, Sections [29:38.220 --> 29:41.700] 12, 17, and 21. [29:41.700 --> 29:46.820] It would also put it in compliance with Chapter 21 of the Code of Criminal Procedure as it [29:46.820 --> 29:51.320] exists today. [29:51.320 --> 29:57.140] They have a problem, folks, and we need to understand, know it, and use it to fight back. [29:57.140 --> 29:58.540] Y'all hang on. [29:58.540 --> 30:00.580] Call on number 512. [30:00.580 --> 30:06.940] Thousands of Florida motorists convicted of DUI may very well have been driving under [30:06.940 --> 30:08.420] the blood alcohol limit. [30:08.420 --> 30:13.300] I'm Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government [30:13.300 --> 30:15.860] cover-up in a moment. [30:15.860 --> 30:17.460] Privacy is under attack. [30:17.460 --> 30:21.060] When you give up data about yourself, you'll never get it back again. [30:21.060 --> 30:25.820] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:25.820 --> 30:30.940] So protect your rights, say no to surveillance, and keep your information to yourself. [30:30.940 --> 30:33.580] Privacy, it's worth hanging on to. [30:33.580 --> 30:37.860] This public service announcement is brought to you by StartPage.com, the private search [30:37.860 --> 30:41.420] engine alternative to Google, Yahoo, and Bing. [30:41.420 --> 30:44.820] Start over with StartPage. [30:44.820 --> 30:46.980] Ever hear the term fine farming? [30:46.980 --> 30:51.500] It's when cops fine innocent people to bring in revenue, and it's apparently big business [30:51.500 --> 30:53.420] in the sunshine state of Florida. [30:53.420 --> 30:59.740] This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations. [30:59.740 --> 31:04.380] Recently, reporters discovered that the devices were improperly calibrated. [31:04.380 --> 31:08.020] State officials knew about it for two and a half years, but did nothing. [31:08.020 --> 31:13.020] In fact, the head of Florida's breath testing program ordered inspectors not to document [31:13.020 --> 31:14.020] the problem. [31:14.020 --> 31:18.900] A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed, [31:18.900 --> 31:21.620] perhaps Florida drivers can breathe a bit easier. [31:21.620 --> 31:23.620] I'm Dr. Catherine Albrecht. [31:23.620 --> 31:30.700] More news and information at CatherineAlbrecht.com. [31:30.700 --> 31:36.060] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [31:36.060 --> 31:38.220] The government says that fire brought it down. [31:38.220 --> 31:43.140] However, 1,500 architects and engineers have concluded it was a controlled demolition. [31:43.140 --> 31:45.820] Over 6,000 of my fellow service members have given their lives. [31:45.820 --> 31:48.580] And thousands of my fellow first responders are dying. [31:48.580 --> 31:49.940] I'm not a conspiracy theorist. [31:49.940 --> 31:50.940] I'm a structural engineer. [31:50.940 --> 31:52.420] I'm a New York City correction officer. [31:52.420 --> 31:53.420] I'm an Air Force pilot. [31:53.420 --> 31:55.020] I'm a father who lost his son. [31:55.020 --> 31:57.660] We're Americans, and we deserve the truth. [31:57.660 --> 32:00.940] Let's go to RememberBuilding7.org today. [32:00.940 --> 32:05.140] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [32:05.140 --> 32:08.980] In today's America, we live in an us-against-them society, and if we, the people, are ever going [32:08.980 --> 32:12.620] to have a free society, then we're going to have to stand and defend our own rights. [32:12.620 --> 32:16.140] Among those rights are the right to travel freely from place to place, the right to act [32:16.140 --> 32:19.900] in our own private capacity, and most importantly, the right to due process of law. [32:19.900 --> 32:24.020] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.020 --> 32:25.420] our rights through due process. [32:25.420 --> 32:29.380] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:29.380 --> 32:33.160] most comprehensive teaching tool available that will help you understand what due process [32:33.160 --> 32:35.540] is and how to hold courts to the rule of law. [32:35.540 --> 32:39.540] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.540 --> 32:40.860] ordering your copy today. [32:40.860 --> 32:44.220] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.220 --> 32:48.620] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.620 --> 32:50.940] documents, and other useful resource material. [32:50.940 --> 32:54.900] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.900 --> 33:01.900] Order your copy today and together we can have the free society we all want and deserve. [33:24.900 --> 33:28.220] All right, folks, we are back. [33:28.220 --> 33:33.980] This is Rule of Law Radio, the call in number 512-646-1984. [33:33.980 --> 33:40.340] Before I start taking callers real quick, folks, I try my very best not to ask for donations [33:40.340 --> 33:43.180] and things like that any more than I absolutely have to. [33:43.180 --> 33:48.220] I hate hawking on the network to do the work that we do. [33:48.220 --> 33:52.020] But the fact of the matter is, is that without you, we can't do it. [33:52.020 --> 33:54.540] Without you, I can't do it. [33:54.540 --> 33:58.260] I've had to relocate from Austin to Plano. [33:58.260 --> 34:01.740] I'm in a much bigger place, but it's also a much more expensive place. [34:01.740 --> 34:05.100] It's a place I didn't ever plan on getting to, but I didn't have a whole lot of options [34:05.100 --> 34:06.380] at this point. [34:06.380 --> 34:14.140] I exhausted every dime I had getting here, and believe me, it's got its issues, but I [34:14.140 --> 34:15.580] love it all the same. [34:15.580 --> 34:16.580] My dogs are loving it. [34:16.580 --> 34:19.540] They've actually got room to breathe without me stepping on them trying to walk from the [34:19.540 --> 34:22.220] bathroom to the other part of the house. [34:22.220 --> 34:30.780] So that said, please, if you are able to make any donations to me or enter the network as [34:30.780 --> 34:33.740] you're able, please do so. [34:33.740 --> 34:35.460] I am in desperate need here. [34:35.460 --> 34:40.740] I've got failing equipment that if I don't get replaced, I'm off the air until I do. [34:40.740 --> 34:43.980] I can't do anything if my computer equipment dies. [34:43.980 --> 34:50.160] If I can't get this stuff fixed and changed out to where the, because where I was living, [34:50.160 --> 34:54.220] they were constantly overheating because the AC didn't work all that well. [34:54.220 --> 34:55.220] I get moved here. [34:55.220 --> 35:02.300] The AC would, we've had the AC folks out here four or five different times at the new location [35:02.300 --> 35:08.360] because the AC kept going out, and it would get to 105 degrees inside this house. [35:08.360 --> 35:13.740] So I couldn't even run the computer equipment without them burning themselves up. [35:13.740 --> 35:17.860] But through all those years of use, the stress has gotten to them, and they're starting to [35:17.860 --> 35:23.220] show their age and where, and I really, really, really need your help to fix that. [35:23.220 --> 35:28.180] So if you're able, please consider going to ruleoflawradio.com. [35:28.180 --> 35:36.300] There is no donation place for me directly on logosradionetwork.com. [35:36.300 --> 35:40.860] There's only the one that exists on ruleoflawradio.com under donations. [35:40.860 --> 35:44.420] So if you're able, please consider going and doing that. [35:44.420 --> 35:46.860] I could really, really use the help. [35:46.860 --> 35:47.860] All right. [35:47.860 --> 35:50.500] That said, let's get into the calls. [35:50.500 --> 35:52.580] First up appears to be Chris in Colorado. [35:52.580 --> 35:54.580] Chris, what can we do for you? [35:54.580 --> 35:55.580] Hey, Eddie. [35:55.580 --> 35:57.820] Good to hear you back on the air. [35:57.820 --> 35:58.820] Check down and come back. [35:58.820 --> 35:59.820] Well, thank you. [35:59.820 --> 36:05.260] It's been a very hectic first quarter of this year, believe me, well, first and second quarter [36:05.260 --> 36:08.260] for that matter. [36:08.260 --> 36:09.260] Yeah. [36:09.260 --> 36:12.300] Well, I got a quick technical thing. [36:12.300 --> 36:17.980] I think I got it how I'm going to plan it, but something stupid happened in my case. [36:17.980 --> 36:20.940] And I filed an amended complaint. [36:20.940 --> 36:22.660] I got it in on the deadline. [36:22.660 --> 36:27.420] I got a notice from the clerk that it was, I got a stamp copy from the court, but the [36:27.420 --> 36:30.500] clerk forgot to put it into the docket. [36:30.500 --> 36:35.100] And I just glazed over it because I got an email with an approval and a stamp, and so [36:35.100 --> 36:36.580] I thought it was in the docket and it wasn't. [36:36.580 --> 36:43.660] So defense thought that would be a cool, cool game to play to teach a pro se a lesson. [36:43.660 --> 36:48.140] And they answered the wrong complaint, the previous complaint. [36:48.140 --> 36:52.160] So when I got to my status hearing, the judge says we never received it. [36:52.160 --> 36:56.820] He issued discovery and now we're doing discovery on the wrong complaint. [36:56.820 --> 36:58.900] So I sent them an email. [36:58.900 --> 37:00.860] You have proof that it was filed. [37:00.860 --> 37:03.700] Yeah, it's already been corrected. [37:03.700 --> 37:07.740] The head clerk, I called him last Tuesday and I said, what happened? [37:07.740 --> 37:10.100] He says, oh my God, I'm so sorry, that's on us. [37:10.100 --> 37:12.940] So he got a touch with the judge, but he corrected it that day. [37:12.940 --> 37:18.620] So he puts it into the docket and it shows a filing of a month previous, but it shows [37:18.620 --> 37:21.460] that it hit the docket on the 26th. [37:21.460 --> 37:28.140] So I let defense know, I said, look, you guys, defense has had a copy since the 22nd of June [37:28.140 --> 37:32.060] too, because I gave him a courtesy copy, right? [37:32.060 --> 37:33.460] So I let them know. [37:33.460 --> 37:39.180] I said, look, I understand it was a mistake by the clerk, but it's been corrected. [37:39.180 --> 37:44.460] I will agree to 21 day extension since the day of the correction for you guys to answer [37:44.460 --> 37:45.460] it. [37:45.460 --> 37:46.460] Do you intend to answer it? [37:46.460 --> 37:50.500] And they got back to me and they basically said, we want the judge to make us order us [37:50.500 --> 37:53.260] to do it. [37:53.260 --> 37:57.020] So that's my question is how do I make the judge order them to do it? [37:57.020 --> 38:00.500] I got a status hearing tomorrow with a magistrate judge. [38:00.500 --> 38:05.020] Well, then you make a motion to the judge to do that. [38:05.020 --> 38:09.540] And you bring up the fact that it was the fault of the court that it was not on the [38:09.540 --> 38:10.540] docket. [38:10.540 --> 38:13.660] It was not your fault. [38:13.660 --> 38:15.020] It was filed timely. [38:15.020 --> 38:16.900] It should have been placed on the docket. [38:16.900 --> 38:21.660] You have an admission from the clerk that it was the court that failed to put it on [38:21.660 --> 38:25.620] the docket at the proper time, et cetera, et cetera. [38:25.620 --> 38:34.260] And so you move the court to order the other side to answer the new complaint, the amended [38:34.260 --> 38:36.860] complaint as filed. [38:36.860 --> 38:45.300] And then you say, I am willing to agree to a 21 day extension to allow them to do that. [38:45.300 --> 38:49.340] But I do recommend you take a written motion in there for that purpose. [38:49.340 --> 38:51.860] It doesn't have to be long. [38:51.860 --> 39:01.460] It just needs to say, I hereby move the court to order defense counsel to answer the amended [39:01.460 --> 39:07.380] complaint filed on such and such date and such and such time that the court itself failed [39:07.380 --> 39:10.060] to place on the docket timely. [39:10.060 --> 39:11.060] Okay. [39:11.060 --> 39:12.060] All right. [39:12.060 --> 39:13.060] That all sounds reasonable. [39:13.060 --> 39:14.060] It should be. [39:14.060 --> 39:15.060] I'll tell them. [39:15.060 --> 39:16.060] Yeah. [39:16.060 --> 39:17.060] I'll do that. [39:17.060 --> 39:27.060] I wanted to be, I feel like, I mean, I'm pro se, most of us are pro se to call in here, [39:27.060 --> 39:28.060] right? [39:28.060 --> 39:29.060] So... [39:29.060 --> 39:30.060] Yeah. [39:30.060 --> 39:32.700] Now, one thing I would suggest, I don't mean to interrupt you, but the other thing I suggest [39:32.700 --> 39:37.960] is try to see if you can find any case law that supports the judge having to do this [39:37.960 --> 39:41.340] if it's proven that the court itself was the cause of the problem. [39:41.340 --> 39:42.340] Oh, yeah. [39:42.340 --> 39:46.660] I know you got a very short amount of time to find it, but if you can find it, all it [39:46.660 --> 39:48.620] does is strengthen your position. [39:48.620 --> 39:54.420] Well, the main judge sent the case to the magistrate judge. [39:54.420 --> 39:57.540] We're going to settlement conference, like, sometime in September, October. [39:57.540 --> 39:58.540] So now it's discovery. [39:58.540 --> 39:59.540] So... [39:59.540 --> 40:04.820] Yeah, but if you're getting discovery on the wrong motion, wrong complaint, that doesn't [40:04.820 --> 40:05.820] help you. [40:05.820 --> 40:06.820] No. [40:06.820 --> 40:09.740] What we're going to be doing both at the same time, we're going to be dealing with litigation [40:09.740 --> 40:15.340] for the complaints, and we're also going to be doing discovery on stuff that is allowed. [40:15.340 --> 40:20.220] It's a mess, but I'm trying to use it to my advantage because they're a big law firm, [40:20.220 --> 40:21.220] right? [40:21.220 --> 40:22.220] And they're trying to slap the pro se. [40:22.220 --> 40:26.820] And they actually said to the judge, Judge, we did receive a copy in the 22nd of an alleged [40:26.820 --> 40:27.820] complaint. [40:27.820 --> 40:31.780] They admitted to getting it, but it wasn't on the docket, so we had to answer the first [40:31.780 --> 40:32.780] complaint. [40:32.780 --> 40:36.460] And the judge, you know, it's federal court, so the judge kind of said, okay, yeah. [40:36.460 --> 40:41.860] But he now knows, his clerk knows, and the clerk hinted it to the other clerk. [40:41.860 --> 40:46.660] His personal clerk hinted to the intake clerk that, and most of the times in this, he makes [40:46.660 --> 40:52.060] an order to make them answer, since it was the court's mistake. [40:52.060 --> 40:55.660] What I'm trying to do is put a bunch of heat on these guys and slap them back. [40:55.660 --> 41:01.860] So I'm trying to make it so they only have 21 days since the correction. [41:01.860 --> 41:03.380] And I don't want 21 days from tomorrow. [41:03.380 --> 41:05.700] I want 21 days from the correction, which is a week ago. [41:05.700 --> 41:09.580] So they have 14 days now, because they've had that complaint... [41:09.580 --> 41:12.260] Well, then write your motion up that way. [41:12.260 --> 41:13.260] Okay. [41:13.260 --> 41:14.260] Okay. [41:14.260 --> 41:19.940] They were given timely notice. [41:19.940 --> 41:22.120] They knew that it had been filed. [41:22.120 --> 41:25.460] They don't get to play games like the court itself. [41:25.460 --> 41:29.020] Now if the court had ordered that they would not accept the amended complaint, that would [41:29.020 --> 41:32.020] be a different story. [41:32.020 --> 41:37.580] No, the court gave me 30 days to put that amended complaint in. [41:37.580 --> 41:38.580] No, I know. [41:38.580 --> 41:40.100] That's what I'm saying. [41:40.100 --> 41:47.380] But the only way they could justify not answering it was if the court had issued an order saying [41:47.380 --> 41:49.660] this complaint will not be heard. [41:49.660 --> 41:51.660] It will not be changed. [41:51.660 --> 41:53.800] That's the only way they could get away with doing that. [41:53.800 --> 41:59.300] They knew damn good and well that you had filed it and that the judge had ordered the [41:59.300 --> 42:01.980] time for you to file it. [42:01.980 --> 42:08.420] So for them to say they don't want to answer it because it's not on the docket, does the [42:08.420 --> 42:13.660] clock requiring an answer to the complaint start when it hits the docket or when it's [42:13.660 --> 42:14.660] filed? [42:14.660 --> 42:15.660] Good point. [42:15.660 --> 42:16.660] Very good point. [42:16.660 --> 42:21.660] It starts from when it's filed. [42:21.660 --> 42:25.900] Yes, it does. [42:25.900 --> 42:33.260] So you want to play games with them, stick them with the original timeline. [42:33.260 --> 42:40.340] Their game just backed them into a short-order corner. [42:40.340 --> 42:42.140] I'm going to bring that up to the magistrate tomorrow. [42:42.140 --> 42:45.500] They're trying to hide behind the magistrate and the judge and the docket. [42:45.500 --> 42:47.700] I'm going to bring it up that this is a game. [42:47.700 --> 42:48.700] Yeah. [42:48.700 --> 42:54.660] They're trying to hide their requirement to answer in a timely manner behind the court's [42:54.660 --> 43:02.260] failure to docket the motion, in which case I don't see how the court could allow them [43:02.260 --> 43:07.780] to get away with that because it makes the court look partial to the defense. [43:07.780 --> 43:11.820] They could, yeah. [43:11.820 --> 43:15.060] And now they know, so we'll see what they do, but I'm sure they're going to make an [43:15.060 --> 43:16.180] order for them to answer. [43:16.180 --> 43:18.780] I want them to have very little time. [43:18.780 --> 43:24.880] Well, like I said, if the rules of procedure are they have to answer from the date of filing, [43:24.880 --> 43:30.620] they have X days from the date it's filed, not docketed, then you've got all the legal [43:30.620 --> 43:32.180] legs to stand on you need. [43:32.180 --> 43:37.380] All you got to do is cite the rule of procedure that states when an answer has to be filed [43:37.380 --> 43:40.820] and according to what date, starting date. [43:40.820 --> 43:41.820] Okay. [43:41.820 --> 43:46.580] I don't have to look that up at all, but it's all right. [43:46.580 --> 43:50.620] I won't be prepared for that tomorrow, but I can get that later on if needed. [43:50.620 --> 43:56.100] All right, man, well, I've got to take a break, so hang on and we'll wrap it up on the other [43:56.100 --> 43:57.100] side, okay? [43:57.100 --> 43:58.100] Okay. [43:58.100 --> 43:59.100] Okay. [43:59.100 --> 44:04.020] Are you the plaintiff or defendant in a lawsuit? [44:04.020 --> 44:10.780] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [44:10.780 --> 44:13.900] that will show you how in 24 hours, step-by-step. [44:13.900 --> 44:18.580] If you have a lawyer, know what your lawyer should be doing. [44:18.580 --> 44:22.820] If you don't have a lawyer, know what you should do for yourself. [44:22.820 --> 44:28.500] Thousands have won with our step-by-step course and now you can too. [44:28.500 --> 44:34.420] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:34.420 --> 44:38.980] Even if you're not in a lawsuit, you can learn what everyone should understand about the [44:38.980 --> 44:43.260] principles and practices that control our American courts. [44:43.260 --> 44:49.420] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [44:49.420 --> 44:51.860] pro se tactics, and much more. [44:51.860 --> 44:58.420] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-866-866. [44:58.420 --> 45:01.300] Law easy. [45:01.300 --> 45:02.300] I love Logos. [45:02.300 --> 45:05.660] Without the shows on this network, I'd be almost as ignorant as my friends. [45:05.660 --> 45:08.500] I'm so addicted to the truth now that there's no going back. [45:08.500 --> 45:09.500] I need my truth fix. [45:09.500 --> 45:14.340] I'd be lost without Logos and I really want to help keep this network on the air. [45:14.340 --> 45:18.140] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't [45:18.140 --> 45:21.540] have any money to give because I spent it all on supplements. [45:21.540 --> 45:22.900] How can I help Logos? [45:22.900 --> 45:25.100] Well, I'm glad you asked. [45:25.100 --> 45:27.980] Whenever you order anything from Amazon, you can help Logos. [45:27.980 --> 45:32.580] When ordering your supplies or holiday gifts, the first thing you do is clear your cookies. [45:32.580 --> 45:38.700] Now, go to LogosradioNetwork.com, tick on the Amazon logo and bookmark it. [45:38.700 --> 45:44.580] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [45:44.580 --> 45:45.580] Do I pay extra? [45:45.580 --> 45:46.580] No. [45:46.580 --> 45:48.220] Do you have to do anything different when I order? [45:48.220 --> 45:49.220] No. [45:49.220 --> 45:50.220] Can I use my Amazon Prime? [45:50.220 --> 45:51.220] No. [45:51.220 --> 45:52.220] I mean, yes. [45:52.220 --> 45:53.220] Wow. [45:53.220 --> 45:57.060] Giving without doing anything or spending any money, this is perfect. [45:57.060 --> 45:58.060] Thank you so much. [45:58.060 --> 45:59.060] We are welcome. [45:59.060 --> 46:00.060] Happy holidays, Logos. [46:00.060 --> 46:01.060] All right, folks. [46:01.060 --> 46:02.060] We are back. [46:02.060 --> 46:28.780] This is Rule of Law Radio, calling number 512-646-1984. [46:28.780 --> 46:30.620] And as soon as this gets where I want it here. [46:30.620 --> 46:31.620] All right. [46:31.620 --> 46:32.620] All right. [46:32.620 --> 46:33.620] So we're going to finish up with Chris in Colorado. [46:33.620 --> 46:34.620] All right, Chris. [46:34.620 --> 46:35.620] Go ahead. [46:35.620 --> 46:40.900] So just a, I don't know, just an insight view. [46:40.900 --> 46:46.620] So my second complaint, he had a lot of technical stuff just throughout some of it, kept some [46:46.620 --> 46:50.300] of it, but he wanted some super clarification on fraud claims. [46:50.300 --> 46:54.580] So my third one was pretty damning, actually. [46:54.580 --> 46:59.700] It definitely touched upon it, had evidence of the fraud for exhibits, had evidence of [46:59.700 --> 47:01.820] the conspiracy and the aiding and bedding. [47:01.820 --> 47:04.100] It's got a lot of receipts and everything in there. [47:04.100 --> 47:07.380] So it's pretty damn clear what happened. [47:07.380 --> 47:08.780] I'm just speculating. [47:08.780 --> 47:12.340] Maybe this is just a standard move they make when somebody's making a mistake, but I'm [47:12.340 --> 47:16.100] wondering if they really don't want to answer this third complaint because they know that's [47:16.100 --> 47:17.100] it. [47:17.100 --> 47:18.100] That hooks them all in. [47:18.100 --> 47:19.980] Well, they may. [47:19.980 --> 47:22.220] That may be the game they're playing. [47:22.220 --> 47:25.060] They may have something else up their sleeve. [47:25.060 --> 47:29.060] But your job in this is to put them in a tank top. [47:29.060 --> 47:31.580] That way they can't have anything up their sleeve. [47:31.580 --> 47:33.620] Yeah, I'm trying. [47:33.620 --> 47:38.980] I mean, again, I'm pro se against the whole damn law firm, but it's when you got to... [47:38.980 --> 47:45.100] Believe me, that's not as big a problem as it sounds like. [47:45.100 --> 47:48.300] You're probably right. [47:48.300 --> 47:58.100] So what do you think about me doing a, you know, Randy's real big on doing fraud grievances. [47:58.100 --> 48:02.460] And I'm wondering if this constitutes bar grievance because what they're doing is they're [48:02.460 --> 48:06.740] basically doing excessive work to bill their client more money. [48:06.740 --> 48:11.260] Well, you can complain them for professional misconduct. [48:11.260 --> 48:12.260] Okay. [48:12.260 --> 48:18.460] They had a duty to their client to comply with the law in a timely manner to protect [48:18.460 --> 48:23.820] the interest of their client, and their money is their interest, no doubt about it. [48:23.820 --> 48:25.820] Okay. [48:25.820 --> 48:35.460] So yeah, I would agree they're doing this to collect more fees from their client, but... [48:35.460 --> 48:36.900] I think that's worthy of a complaint. [48:36.900 --> 48:38.460] I think that'd be another slap against them. [48:38.460 --> 48:41.900] Yeah, you might even want to notify their client. [48:41.900 --> 48:47.540] I mean, I guess you can't talk directly to their client, but it would be something if [48:47.540 --> 48:51.980] somehow or other the client found out that their attorneys were doing things so that [48:51.980 --> 48:58.220] they could bill them more money that they shouldn't have been doing in the first place. [48:58.220 --> 49:03.740] But don't ruin your chances by contacting their client directly. [49:03.740 --> 49:04.740] Don't do that. [49:04.740 --> 49:05.740] Okay. [49:05.740 --> 49:08.260] Don't contact them at all. [49:08.260 --> 49:13.860] Just do what you got to do as far as the attorneys themselves go, and stick with that. [49:13.860 --> 49:18.340] If you want, the client, the client's the one that's going to wind up paying for this [49:18.340 --> 49:24.060] out of the way, if you win any of them. [49:24.060 --> 49:29.380] Well, there's a way to probably let them know that, but I'm wondering, have you seen bar [49:29.380 --> 49:34.940] grievances back a lawyer up enough where they start to behave a little differently? [49:34.940 --> 49:41.820] Well, since what is determined about a bar grievance is kept secret, we have no idea [49:41.820 --> 49:46.340] of knowing what backs an attorney up or not. [49:46.340 --> 49:51.580] The only way you could know for sure whether something's changed is if their insurance [49:51.580 --> 50:01.540] company told you, but since the results of the filing of a bar grievance are kept secret [50:01.540 --> 50:06.340] by the state bar associations, you won't know what effect your bar grievance has actually [50:06.340 --> 50:07.340] had. [50:07.340 --> 50:08.340] Okay. [50:08.340 --> 50:09.340] I've heard both sides. [50:09.340 --> 50:15.100] I've heard it doesn't phase them, and I've heard all law firms quit because of enough [50:15.100 --> 50:16.100] bar grievances. [50:16.100 --> 50:19.380] And that's possibly true, okay? [50:19.380 --> 50:23.700] But the only one that could tell you that for sure is one of the lawyers. [50:23.700 --> 50:27.540] They're the only one who can tell you, oh yeah, you put me on my heels with that. [50:27.540 --> 50:29.420] I had to change the way I was doing things. [50:29.420 --> 50:36.380] They're the only one that can tell you that and be trustworthy in saying it, because they're [50:36.380 --> 50:45.220] the only ones that would have any information as to what happened to them, if anything. [50:45.220 --> 50:50.540] I've heard somebody said file for default, but I think it's a little premature to file [50:50.540 --> 50:52.420] for default on the defense, because- [50:52.420 --> 50:57.740] Yeah, you're not going to get a default until they fail to answer timely and are past the [50:57.740 --> 50:59.060] time to answer. [50:59.060 --> 51:05.260] Now, remember, however, if they fail to address every single point, then that point is conceded [51:05.260 --> 51:07.460] in your favor. [51:07.460 --> 51:12.620] And you can ask for a default judgment on anything they do not answer. [51:12.620 --> 51:19.580] Okay, so as soon as the judge says, okay, here's your deadline to get to address the [51:19.580 --> 51:24.700] correct complaint, and hopefully I can get that shortened, because they've had possession [51:24.700 --> 51:26.020] of it for quite a while now. [51:26.020 --> 51:28.460] And then if they miss anything, then we go default. [51:28.460 --> 51:32.260] If they don't miss anything, we just move forward with the new complaint. [51:32.260 --> 51:33.260] Correct. [51:33.260 --> 51:34.260] Okay. [51:34.260 --> 51:35.260] All right. [51:35.260 --> 51:37.780] I think I got a good answer. [51:37.780 --> 51:44.980] If the point that they fail to address isn't a full claim, it's only a part of a claim, [51:44.980 --> 51:49.460] you will probably be able to get default on that. [51:49.460 --> 51:54.460] But if that claim is integral to the getting of another, you won't be able to get a default [51:54.460 --> 51:56.580] on it until the other one's settled. [51:56.580 --> 51:59.540] So just keep that in mind. [51:59.540 --> 52:00.820] Okay. [52:00.820 --> 52:04.540] This is why you're supposed to have your causes of action blocked out. [52:04.540 --> 52:10.500] If they fail to respond to a pertinent point of each of a specific cause of action, then [52:10.500 --> 52:16.800] you have gotten the default on that entire cause of action. [52:16.800 --> 52:21.860] But if your causes of action are dependent upon one another, then you've locked it in [52:21.860 --> 52:28.020] where you can't get anything unless they all go where they're supposed to. [52:28.020 --> 52:29.020] I see. [52:29.020 --> 52:30.020] Yeah. [52:30.020 --> 52:36.460] No, fraud and aiding and abetting, those are combined, but the rest of them are pretty [52:36.460 --> 52:37.460] separate. [52:37.460 --> 52:38.460] Yeah. [52:38.460 --> 52:39.460] But how many counts of fraud? [52:39.460 --> 52:40.460] How many types of fraud? [52:40.460 --> 52:42.180] Well, I've got two we're going for. [52:42.180 --> 52:43.180] Okay. [52:43.180 --> 52:44.900] So you've got two counts of fraud. [52:44.900 --> 52:48.900] So if you can show that those two counts of fraud are independent and you wrote them as [52:48.900 --> 52:53.900] being independent and not interlocked, then they don't answer one of them, then you can [52:53.900 --> 52:57.180] get a default on that one. [52:57.180 --> 52:59.180] Okay. [52:59.180 --> 53:05.140] Yeah, they're not really, they're definitely separate, they're common law fraud and consumer [53:05.140 --> 53:06.140] fraud. [53:06.140 --> 53:07.140] Okay. [53:07.140 --> 53:08.140] All right. [53:08.140 --> 53:09.140] I guess that's it. [53:09.140 --> 53:10.140] Good to hear you back, man. [53:10.140 --> 53:11.140] Good luck with everything. [53:11.140 --> 53:12.140] Thanks. [53:12.140 --> 53:13.140] Appreciate it. [53:13.140 --> 53:14.140] Glad to be here. [53:14.140 --> 53:15.140] Yeah. [53:15.140 --> 53:16.140] Cool. [53:16.140 --> 53:17.140] Thank you, Eddie. [53:17.140 --> 53:18.140] Well, good luck with it, man. [53:18.140 --> 53:19.140] I appreciate it. [53:19.140 --> 53:20.140] Thanks. [53:20.140 --> 53:21.140] Yep. [53:21.140 --> 53:26.140] All right. [53:26.140 --> 53:29.220] Next caller up is Jesse in California. [53:29.220 --> 53:31.220] Jesse, what can we do for you? [53:31.220 --> 53:34.300] Hey, Eddie, how are you? [53:34.300 --> 53:36.300] I'm good so far. [53:36.300 --> 53:38.300] Good to hear. [53:38.300 --> 53:44.820] So I have procrastinated for four years and I have a whole bunch of lawsuits backed up, [53:44.820 --> 53:45.820] but... [53:45.820 --> 53:46.820] Okay. [53:46.820 --> 53:47.820] Wait, wait, wait. [53:47.820 --> 53:48.820] Back up. [53:48.820 --> 53:49.820] You were what for four years? [53:49.820 --> 53:50.820] Procrastinating. [53:50.820 --> 53:51.820] Oh, okay. [53:51.820 --> 53:52.820] You were procrastinating. [53:52.820 --> 53:53.820] Yeah. [53:53.820 --> 53:54.820] Okay. [53:54.820 --> 54:03.260] So I just did my information request and I was just curious if, because I know you get [54:03.260 --> 54:08.260] California callers, if anybody has changed your subject matter, your challenging subject [54:08.260 --> 54:11.180] matter jurisdiction into the California law grid. [54:11.180 --> 54:14.700] If they have, they haven't told me about it. [54:14.700 --> 54:15.700] Okay. [54:15.700 --> 54:16.700] Yeah. [54:16.700 --> 54:17.700] Yeah. [54:17.700 --> 54:22.220] That's the only thing I have about people all over the states using my material in their [54:22.220 --> 54:23.220] cases. [54:23.220 --> 54:29.900] If they don't tell me how they've adapted it to their state, then I have no idea. [54:29.900 --> 54:34.180] If they don't tell it to me and send me a copy of it so that I can integrate it into [54:34.180 --> 54:40.340] the seminar so that now we've got material for each state as it goes by over time, then [54:40.340 --> 54:41.900] I have no idea. [54:41.900 --> 54:43.900] For sure. [54:43.900 --> 54:44.900] And what is your seminar? [54:44.900 --> 54:47.820] Is that the law class, the Tao of Law? [54:47.820 --> 54:53.740] No, the Tao of Law is an actual weekly class that we do online. [54:53.740 --> 54:54.740] We do it over Zoom. [54:54.740 --> 54:58.780] Used to it was a live class down at Brave New Books in Austin. [54:58.780 --> 55:05.420] The seminar is actually a book and a whole bunch of legal document templates. [55:05.420 --> 55:13.500] But now everything in the book and the templates is specific to Texas law, but it's really [55:13.500 --> 55:21.140] good reading and research information so that you can adapt them to your state far more [55:21.140 --> 55:26.140] easily than you could trying to learn it from scratch and doing the research on your own. [55:26.140 --> 55:28.940] That's just a benefit at the moment in other states. [55:28.940 --> 55:29.940] For sure. [55:29.940 --> 55:34.620] And is that the one, the only seminar that's on the law website right now? [55:34.620 --> 55:35.620] It is. [55:35.620 --> 55:36.900] That's the original version. [55:36.900 --> 55:41.420] However, I have been working diligently on a new version, which I'm hoping to have out [55:41.420 --> 55:44.940] before the end of the year, but I can't guarantee that. [55:44.940 --> 55:49.340] The way things keep going for me, I'll get to work on it for a couple of weeks, and then [55:49.340 --> 55:53.580] suddenly I'm off of it for two months because of something else that's going on. [55:53.580 --> 55:57.860] So I can't guarantee it one way or the other, but I'm trying. [55:57.860 --> 56:02.260] It doesn't help that I'm one guy trying to do the work of 15 people and getting it written [56:02.260 --> 56:03.260] and put together. [56:03.260 --> 56:04.260] I hear that. [56:04.260 --> 56:07.700] Well, that's another thing I want to talk to you about, which I would like to start [56:07.700 --> 56:12.220] doing, trying to inspire people to get more motivated out here in California. [56:12.220 --> 56:16.660] The way I've talked to people out here, we're all tired of the corruption, and people need [56:16.660 --> 56:19.020] to know more about what these corrupt cops are doing. [56:19.020 --> 56:23.060] Just from what I've experienced in the last four years, it's mind-boggling how corrupt [56:23.060 --> 56:24.540] these cops are. [56:24.540 --> 56:31.740] Yeah, I've started a YouTube channel that I'm going to be putting info videos up on. [56:31.740 --> 56:32.740] They'll be short ones. [56:32.740 --> 56:36.980] They won't go into as much detail as I do even here on the radio show, but they'll be [56:36.980 --> 56:41.580] 15 to 30-minute videos that go into at least things I can cover in that amount of time [56:41.580 --> 56:46.900] or at least give you a good enough taste of to understand and want to know more. [56:46.900 --> 56:52.180] And then the goal there is to get people to come to the class and to also get the seminar [56:52.180 --> 56:54.060] material to learn from. [56:54.060 --> 57:01.720] But it's Tao of Law, T-A-O-O-F-L-A-W, three separate words, on YouTube. [57:01.720 --> 57:07.260] And right now, I've only got the video up there that shows you what the class, the new [57:07.260 --> 57:10.960] class format video is going to look like. [57:10.960 --> 57:13.700] So you can look at that and see whether or not you want to actually participate in the [57:13.700 --> 57:15.860] online class, which you do by subscription. [57:15.860 --> 57:16.860] For sure. [57:16.860 --> 57:20.260] And that's the $80 a month or whatever, right? [57:20.260 --> 57:21.260] Yes. [57:21.260 --> 57:22.900] If you pay for it monthly, it's $80 a month. [57:22.900 --> 57:27.940] If you do six months and pay for the six up front, there's a 10% discount. [57:27.940 --> 57:31.700] And if you pay for a year in advance, there's a 15% discount. [57:31.700 --> 57:32.700] For sure. [57:32.700 --> 57:36.060] And is that the best way to donate, or, I mean, other than just straight up donating [57:36.060 --> 57:37.060] Tao of Law? [57:37.060 --> 57:44.860] Well, I mean, it is if you actually want to have, to be able to talk with me directly [57:44.860 --> 57:48.260] during class and ask questions and look at information. [57:48.260 --> 57:52.660] If you want that hands-on with me, then yes, it's most assuredly the best option. [57:52.660 --> 57:53.660] Yes, I want that. [57:53.660 --> 57:57.620] And like I said, I want to start getting to class so I can, if I start making money teaching [57:57.620 --> 58:01.900] people, then I can just forward that money right over to you to see if you can get your [58:01.900 --> 58:02.900] computer. [58:02.900 --> 58:03.900] All right. [58:03.900 --> 58:06.460] Because I, I know I've been practicing it for four years, but I was seriously motivated. [58:06.460 --> 58:10.260] Like this one ticket I got, I was literally, I just had the day off and I was following [58:10.260 --> 58:11.700] a police officer. [58:11.700 --> 58:17.500] And she entrapped me by committing and using her emergency light in an appropriate way [58:17.500 --> 58:19.260] to commit a U-turn. [58:19.260 --> 58:22.420] And that she, because I was following behind her, that she was watching me do it. [58:22.420 --> 58:24.460] And then she then pulled me over and I said, thank you for it. [58:24.460 --> 58:28.100] And it's just like, really, you're going to trap me like that. [58:28.100 --> 58:29.100] All right. [58:29.100 --> 58:30.300] Well, hang on just a second, Jesse, unless you're done. [58:30.300 --> 58:33.300] I've got to take a break, but I'll pick you up on the other side if you're still here. [58:33.300 --> 58:34.300] Okay? [58:34.300 --> 58:35.300] All right. [58:35.300 --> 58:36.300] I'll be there. [58:36.300 --> 58:37.300] All right. [58:37.300 --> 58:38.300] Thanks. [58:38.300 --> 58:39.300] All right, folks. [58:39.300 --> 58:41.300] 512-646-1984 is the call-in number. [58:41.300 --> 58:42.300] Give us a call. [58:42.300 --> 58:43.300] Let's talk. [58:43.300 --> 58:44.300] I got, oh, what? [58:44.300 --> 58:47.060] I got an hour left in this show, so I got plenty of time to talk to y'all. [58:47.060 --> 58:50.260] Get in line and let's do it. [58:50.260 --> 58:55.700] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.700 --> 58:58.500] because they struggle to understand it. [58:58.500 --> 59:03.900] Some new translations try to help by simplifying the text, but in the process can compromise [59:03.900 --> 59:07.140] the profound meaning of the scripture. [59:07.140 --> 59:08.900] Enter the recovery version. [59:08.900 --> 59:14.840] First, this new translation is extremely faithful and accurate, but the real story is the more [59:14.840 --> 59:18.580] than 9,000 explanatory footnotes. [59:18.580 --> 59:23.780] Full and profound passages are opened up in a marvelous way, providing an entrance into [59:23.780 --> 59:28.260] the riches of the Word beyond which you've ever experienced before. [59:28.260 --> 59:33.420] Bibles for America would like to give you a free recovery version simply for the asking. [59:33.420 --> 59:43.860] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 [59:43.860 --> 59:47.940] or by ordering online at freestudybible.com. [59:47.940 --> 01:00:00.980] You are listening to the Logos Radio Network, logosradionetwork.com. [01:00:00.980 --> 01:00:04.620] The Bill of Rights contains the first 10 amendments of our Constitution. [01:00:04.620 --> 01:00:08.080] They guarantee the specific freedoms Americans should know and protect. [01:00:08.080 --> 01:00:09.580] Our liberty depends on it. [01:00:09.580 --> 01:00:13.460] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [01:00:13.460 --> 01:00:16.580] one of your constitutional rights. [01:00:16.580 --> 01:00:18.180] Privacy is under attack. [01:00:18.180 --> 01:00:21.780] When you give up data about yourself, you'll never get it back again. [01:00:21.780 --> 01:00:26.580] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:00:26.580 --> 01:00:31.740] So protect your rights, say no to surveillance, and keep your information to yourself. [01:00:31.740 --> 01:00:34.340] Privacy, it's worth hanging on to. [01:00:34.340 --> 01:00:38.620] This public service announcement is brought to you by Startpage.com, the private search [01:00:38.620 --> 01:00:42.160] engine alternative to Google, Yahoo, and Bing. [01:00:42.160 --> 01:00:45.740] Start over with Startpage. [01:00:45.740 --> 01:00:50.100] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill [01:00:50.100 --> 01:00:52.180] of Rights in a big old bear hug. [01:00:52.180 --> 01:00:56.660] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms [01:00:56.660 --> 01:01:00.500] that embrace our freedoms and won't let anyone take them away without a fight. [01:01:00.500 --> 01:01:01.500] Get it? [01:01:01.500 --> 01:01:03.820] Two arms, bear hug, bear arms? [01:01:03.820 --> 01:01:07.420] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [01:01:07.420 --> 01:01:13.180] when he said, the right of the citizens to bear arms is just one guarantee against arbitrary [01:01:13.180 --> 01:01:17.700] rights, one more safeguard against the tyranny which now appears remote in America, but which [01:01:17.700 --> 01:01:20.460] historically has proved to always be possible. [01:01:20.460 --> 01:01:22.300] I'm Dr. Catherine Albrecht. [01:01:22.300 --> 01:01:24.780] More news and information at CatherineAlbrecht.com. [01:01:24.780 --> 01:01:37.780] You may think our brains deteriorate with age, but new research shows that as brains [01:01:37.780 --> 01:01:40.220] get older, they actually work more efficiently. [01:01:40.220 --> 01:01:45.740] I'm Dr. Catherine Albrecht, back with new research on how aging makes the mind sharper [01:01:45.740 --> 01:01:47.500] after this. [01:01:47.500 --> 01:01:49.220] Privacy is under attack. [01:01:49.220 --> 01:01:52.820] When you give up data about yourself, you'll never get it back again. [01:01:52.820 --> 01:01:57.820] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.820 --> 01:01:59.020] So protect your rights. [01:01:59.020 --> 01:02:03.020] Say no to surveillance and keep your information to yourself. [01:02:03.020 --> 01:02:05.580] Privacy, it's worth hanging on to. [01:02:05.580 --> 01:02:11.220] This message is brought to you by StartPage.com, the private search engine alternative to Google, [01:02:11.220 --> 01:02:12.940] Yahoo and Bing. [01:02:12.940 --> 01:02:16.580] Start over with StartPage. [01:02:16.580 --> 01:02:21.060] It's a widely held notion that the older people get, the more doddering they become. [01:02:21.060 --> 01:02:26.820] But new research shows that even as our brains age, they can actually become more efficient. [01:02:26.820 --> 01:02:33.740] Scientists ask two groups of volunteers, one age 18 to 35 and the other 55 to 75, to associate [01:02:33.740 --> 01:02:35.620] different words with given topics. [01:02:35.620 --> 01:02:38.820] At one point, they told everyone they'd made a mistake. [01:02:38.820 --> 01:02:42.620] When that happened, the younger group's brains lit up and lost focus. [01:02:42.620 --> 01:02:47.500] But the older group's brains didn't even flinch and they stayed focused on solving the next [01:02:47.500 --> 01:02:48.500] task. [01:02:48.500 --> 01:02:49.500] The moral? [01:02:49.500 --> 01:02:51.060] There's something to be said for experience. [01:02:51.060 --> 01:03:16.980] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:03:16.980 --> 01:03:18.740] All right, folks, we are back. [01:03:18.740 --> 01:03:25.340] This is Rule of Law Radio, the call in number 512-646-1984, if you want to call and talk [01:03:25.340 --> 01:03:26.340] and get in line. [01:03:26.340 --> 01:03:29.340] All right, that said, let's get back to Jesse in California. [01:03:29.340 --> 01:03:30.340] All right, Jesse, go ahead. [01:03:30.340 --> 01:03:36.340] Well, yeah, I was just telling you about when I had the day off and I was following the [01:03:36.340 --> 01:03:37.340] cops. [01:03:37.340 --> 01:03:41.740] And she even told me after 20 minutes of being detained and another officer showed up and [01:03:41.740 --> 01:03:45.740] was talking to me for a while, she even said, like, if you do this, it's not illegal, but [01:03:45.740 --> 01:03:49.700] if you do this again, like, this is what's going to happen, pretty much telling me that [01:03:49.700 --> 01:03:54.460] corruption, like, I remember, I forget what laws it was, but California, when you violate [01:03:54.460 --> 01:04:00.100] someone's rights, it's a $25,000 violation, and two cops, two violations, and violated [01:04:00.100 --> 01:04:02.580] my rights, and procrastinating on that. [01:04:02.580 --> 01:04:03.580] I don't even care about the money. [01:04:03.580 --> 01:04:05.580] I just hate how corrupt they are. [01:04:05.580 --> 01:04:08.380] Well, you said this occurred four years ago? [01:04:08.380 --> 01:04:09.380] Yep. [01:04:09.380 --> 01:04:14.620] So I'm going to have to get some fraud on something to have the steps of the investigation. [01:04:14.620 --> 01:04:20.220] Their problem there is that you've got a very short statute of limitations in such cases [01:04:20.220 --> 01:04:23.780] to make such a case. [01:04:23.780 --> 01:04:29.380] And in most states, it's either one or two years. [01:04:29.380 --> 01:04:32.340] And I'm pretty sure in California, it's one. [01:04:32.340 --> 01:04:38.260] Well, I remember my friend, Manny, talking about fraud, I think it's five years. [01:04:38.260 --> 01:04:43.620] Well, fraud does not have a statute of limitations until the fraud becomes known. [01:04:43.620 --> 01:04:50.820] Okay, but the problem here is, is what act of fraud are you going to have a claim on? [01:04:50.820 --> 01:04:58.820] I have to re-look at how he filed the suit, if he can give me a second to look it up on [01:04:58.820 --> 01:04:59.820] the USB. [01:04:59.820 --> 01:05:04.660] The way he wrote it when he filed suit, that's dismissed, but... [01:05:04.660 --> 01:05:05.660] Did he win? [01:05:05.660 --> 01:05:06.660] No, I said that's dismissed. [01:05:06.660 --> 01:05:15.500] But that's why I'm going to try and re-edit it and see if he can get it to stick. [01:05:15.500 --> 01:05:18.140] Well, what is his claim of fraud? [01:05:18.140 --> 01:05:21.140] Let me read it. [01:05:21.140 --> 01:05:28.460] I think it ties into the unfair business practices, count six. [01:05:28.460 --> 01:05:29.740] They're not a business. [01:05:29.740 --> 01:05:30.740] That's not going to fly. [01:05:30.740 --> 01:05:40.620] Let me just read it real quick, just throw it in the chat. [01:05:40.620 --> 01:05:48.820] There's defendants owed a duty to plaintiff and others to not violate their rights and [01:05:48.820 --> 01:05:54.100] to act within their scope of their authority in accordance with the laws. [01:05:54.100 --> 01:05:55.100] That's not fraud. [01:05:55.100 --> 01:05:56.100] Yeah. [01:05:56.100 --> 01:06:00.940] That's a violation of rights under color of law. [01:06:00.940 --> 01:06:07.580] And that has, I believe, in California, a one-year statute of limitations to sue for. [01:06:07.580 --> 01:06:09.100] That's the reason his... [01:06:09.100 --> 01:06:13.940] Not only did he state the argument incorrectly as to what he was suing for because fraud [01:06:13.940 --> 01:06:21.060] was never going to fly, unfair business practices was never going to fly, but the statute of [01:06:21.060 --> 01:06:25.500] limitations would also be an issue. [01:06:25.500 --> 01:06:29.180] So it does not surprise me his case was dismissed. [01:06:29.180 --> 01:06:30.180] For sure. [01:06:30.180 --> 01:06:35.460] I have more recent tickets that have been dismissed and they... [01:06:35.460 --> 01:06:37.780] Well, the ticket's a different animal. [01:06:37.780 --> 01:06:39.060] We're not talking about your ticket. [01:06:39.060 --> 01:06:40.940] We're talking about the stop you're going through. [01:06:40.940 --> 01:06:42.740] That's what you're saying you're filing a lawsuit on. [01:06:42.740 --> 01:06:47.460] If you're going to file a lawsuit over the citation, then you might be able to make an [01:06:47.460 --> 01:06:53.100] argument that the citation itself is an instrument of fraud, but then you've got to prove if [01:06:53.100 --> 01:06:59.300] that's an element of the offense in California that the fraud was knowingly committed. [01:06:59.300 --> 01:07:04.780] And unfortunately, for all of us, cops are allowed to be stupid. [01:07:04.780 --> 01:07:09.620] So proving intent when it comes to that is a whole other issue. [01:07:09.620 --> 01:07:10.620] Gotcha. [01:07:10.620 --> 01:07:11.620] Yeah. [01:07:11.620 --> 01:07:18.020] I'm definitely going to have to take the towel block off so we can talk more about this. [01:07:18.020 --> 01:07:19.020] Okay. [01:07:19.020 --> 01:07:23.340] So I can get more understanding because I'm definitely fresh to all this, but I want to [01:07:23.340 --> 01:07:24.340] try and get all of this to fit. [01:07:24.340 --> 01:07:27.900] Regardless if I can't get them for the stuff four years ago, it doesn't matter to me because [01:07:27.900 --> 01:07:28.900] I knew I waited too long. [01:07:28.900 --> 01:07:33.580] But I wanted to at least try, see what happens. [01:07:33.580 --> 01:07:37.140] Well, the problem is, is in order to try, you've got to file. [01:07:37.140 --> 01:07:39.580] And to file, that usually costs money. [01:07:39.580 --> 01:07:44.260] And all you're doing is throwing money out the window if it's going to get dismissed [01:07:44.260 --> 01:07:45.260] out of hand anyway. [01:07:45.260 --> 01:07:46.260] I got you. [01:07:46.260 --> 01:07:50.700] I did a waiver on my last suit. [01:07:50.700 --> 01:07:54.460] Well, if you can get a waiver on this one, that's fine. [01:07:54.460 --> 01:08:01.180] But the problem with getting waivers when you file suits and they get tossed, the court [01:08:01.180 --> 01:08:05.500] can and will declare you a vexatious litigant. [01:08:05.500 --> 01:08:10.700] Then you can never again file a case that the court does not approve of first. [01:08:10.700 --> 01:08:11.700] Hmm. [01:08:11.700 --> 01:08:12.700] For sure. [01:08:12.700 --> 01:08:18.300] Well, they told me when I filed against some insurance segregation specialist that if they [01:08:18.300 --> 01:08:21.420] were debt collectors, that I would have a case and I'm about to file my suit against [01:08:21.420 --> 01:08:22.420] the debt collectors. [01:08:22.420 --> 01:08:24.620] So at least that one will be good. [01:08:24.620 --> 01:08:25.620] Won't look retarded. [01:08:25.620 --> 01:08:26.620] Well, good luck. [01:08:26.620 --> 01:08:27.620] Thank you. [01:08:27.620 --> 01:08:28.620] So yeah, I'll let you give that to any callers. [01:08:28.620 --> 01:08:33.620] I don't know if you have a long list or not, but yeah, I will definitely look forward to [01:08:33.620 --> 01:08:34.620] talking to you on the child law. [01:08:34.620 --> 01:08:35.620] Thank you, Eddie. [01:08:35.620 --> 01:08:36.620] All right. [01:08:36.620 --> 01:08:37.620] Thanks, Jesse. [01:08:37.620 --> 01:08:38.620] All right. [01:08:38.620 --> 01:08:47.220] Now, our next caller up again, folks, five, one, two, six, four, six, 1984. [01:08:47.220 --> 01:08:50.580] If you want to call and talk, let's get on it. [01:08:50.580 --> 01:08:53.420] Next caller up is Ron in Oregon. [01:08:53.420 --> 01:08:54.420] Ron. [01:08:54.420 --> 01:08:55.420] Hello. [01:08:55.420 --> 01:08:56.420] Hello. [01:08:56.420 --> 01:08:57.420] Yes. [01:08:57.420 --> 01:08:58.420] Hello. [01:08:58.420 --> 01:08:59.420] Hello. [01:08:59.420 --> 01:09:00.420] Hello. [01:09:00.420 --> 01:09:01.420] Yes. [01:09:01.420 --> 01:09:02.420] Hello. [01:09:02.420 --> 01:09:03.420] Hello. [01:09:03.420 --> 01:09:04.420] Hello. [01:09:04.420 --> 01:09:05.420] Hello. [01:09:05.420 --> 01:09:09.100] Yes, I hear you. [01:09:09.100 --> 01:09:10.100] Go ahead. [01:09:10.100 --> 01:09:11.100] Hi. [01:09:11.100 --> 01:09:12.100] Is this Eddie? [01:09:12.100 --> 01:09:13.100] It is. [01:09:13.100 --> 01:09:14.100] Hi, Eddie. [01:09:14.100 --> 01:09:15.100] It's Ron Thompson calling you again from Oregon. [01:09:15.100 --> 01:09:16.100] I talked to you last winter. [01:09:16.100 --> 01:09:17.100] Yes, sir. [01:09:17.100 --> 01:09:18.100] At some point in the US. [01:09:18.100 --> 01:09:19.100] Advise me to file a more supportive discovery on this goofy criminal trespass thing. [01:09:19.100 --> 01:09:20.100] And we're on the radio. [01:09:20.100 --> 01:09:21.100] We're just getting ready to go, right? [01:09:21.100 --> 01:09:22.100] No, we're on the radio. [01:09:22.100 --> 01:09:36.660] Oh, my goodness, I set the phone down for just a second. [01:09:36.660 --> 01:09:37.660] Okay. [01:09:37.660 --> 01:09:46.460] So we have just had some interesting developments here in this thing that has to do with our [01:09:46.460 --> 01:09:52.620] business, even with the neighboring property, where they added a blue-seam ban that cited [01:09:52.620 --> 01:09:56.380] me for criminal trespass. [01:09:56.380 --> 01:10:04.700] And so they added up, you know, I filed like 98 pages of documents before this appearance. [01:10:04.700 --> 01:10:06.940] And I didn't show up at the thing. [01:10:06.940 --> 01:10:11.020] And so they dropped the bench warrant on me. [01:10:11.020 --> 01:10:13.540] And I just went on about my business. [01:10:13.540 --> 01:10:17.820] And then this guy got over a year went by, and I'm like, I'm getting tired of this stuff. [01:10:17.820 --> 01:10:21.500] And so I went out there on my road, and I had to drag off the end of a driveway and [01:10:21.500 --> 01:10:25.740] open the gate for my wife to fall without being harassed out there, coming and going [01:10:25.740 --> 01:10:27.620] into any type of building or where. [01:10:27.620 --> 01:10:34.460] So this clown comes out there and ends up calling the non-emergency phone number and [01:10:34.460 --> 01:10:36.260] has these guys hustle in. [01:10:36.260 --> 01:10:39.300] And I dropped into my house because that's my wife's apartment. [01:10:39.300 --> 01:10:42.980] And they come in here and they arrest me for this bench warrant. [01:10:42.980 --> 01:10:46.140] So they haul me to town an hour away. [01:10:46.140 --> 01:10:51.220] And it's 3 in the afternoon, 2.15 or something, that's when they got here. [01:10:51.220 --> 01:10:56.780] And I'm like telling them the whole time on the drive-in, which he's recording, and I'm [01:10:56.780 --> 01:11:06.580] giving him a seminar on law, this stupid sheriff, young bunt, and I'm in 74, by the way. [01:11:06.580 --> 01:11:09.820] So we get in there, we deal with that. [01:11:09.820 --> 01:11:10.820] And he hauls me. [01:11:10.820 --> 01:11:11.820] He takes me to jail. [01:11:11.820 --> 01:11:14.820] The warrant specifically says, take me to the courthouse. [01:11:14.820 --> 01:11:18.020] And I'm telling this, we're driving through town, and he says, excuse me, I think you [01:11:18.020 --> 01:11:20.340] just missed the last turn off at the courthouse. [01:11:20.340 --> 01:11:25.220] And he's like, no, we're taking you to jail, if that's not what the warrant says. [01:11:25.220 --> 01:11:26.940] And he's like, oh, that's not the warrant I thought. [01:11:26.940 --> 01:11:30.700] He just went right ahead and took me to jail and went through the process, and my wife [01:11:30.700 --> 01:11:35.620] has come in and dropped a hundred bucks on him, we'll get out and drive home. [01:11:35.620 --> 01:11:40.900] And so anyway, that's kidnapping, at that point, as far as I'm concerned, not following [01:11:40.900 --> 01:11:44.660] the direct judge's order on the bench warrant. [01:11:44.660 --> 01:11:46.620] So anyway, what? [01:11:46.620 --> 01:11:51.820] No, it would be kidnapping if he did not have authority to seize you. [01:11:51.820 --> 01:11:52.820] He did. [01:11:52.820 --> 01:11:53.820] Okay. [01:11:53.820 --> 01:11:59.780] He failed to perform his duty properly under the law if he was directed to take you before [01:11:59.780 --> 01:12:03.220] the magistrate rather than to jail. [01:12:03.220 --> 01:12:07.860] And if there's actually a statute in Oregon that says, even if you're arrested on a warrant, [01:12:07.860 --> 01:12:14.060] they have to take you before a magistrate rather than directly to jail, if one is available, [01:12:14.060 --> 01:12:15.540] then he's doubly screwed. [01:12:15.540 --> 01:12:16.540] Yeah. [01:12:16.540 --> 01:12:17.540] Okay. [01:12:17.540 --> 01:12:23.020] In which case you have a case of false imprisonment, but you do not have a case of kidnapping. [01:12:23.020 --> 01:12:24.020] Okay. [01:12:24.020 --> 01:12:25.020] Okay. [01:12:25.020 --> 01:12:26.020] Good enough. [01:12:26.020 --> 01:12:27.020] That works for me. [01:12:27.020 --> 01:12:32.020] Anyway, so then we get an arraignment schedule, and they just give you a date. [01:12:32.020 --> 01:12:34.380] They don't even tell you it's an arraignment or anything. [01:12:34.380 --> 01:12:39.420] So I go to this arraignment thing, because when I talked to you last, you said to file [01:12:39.420 --> 01:12:41.900] a motion to compel the discovery. [01:12:41.900 --> 01:12:47.620] Well, they wouldn't give me any discovery until there was an arraignment. [01:12:47.620 --> 01:12:53.540] So we got this arraignment, and then we go get some discovery. [01:12:53.540 --> 01:13:00.980] And I make it clear, as soon as I got home, I emailed the legal assistant for the sheriff's [01:13:00.980 --> 01:13:05.780] office and said, look, I want all that audio, that video, you know, body cam, everything [01:13:05.780 --> 01:13:06.780] preserved. [01:13:06.780 --> 01:13:09.220] And she said, we'll make sure it's preserved. [01:13:09.220 --> 01:13:12.460] And so then we get this arraignment, so then we can get discovery. [01:13:12.460 --> 01:13:17.580] Well, the first thing they do is they go out to the DA's office, wants to charge us money [01:13:17.580 --> 01:13:22.940] for this discovery stuff, what's the file that the DA is going to use in court. [01:13:22.940 --> 01:13:28.140] And I look at the law, and I'm like, it doesn't say anything about them charging money. [01:13:28.140 --> 01:13:33.620] The DA shall provide discovery immediately after arraignment. [01:13:33.620 --> 01:13:39.340] So we had some rounds there, and then my wife went in and got this stuff today and refused [01:13:39.340 --> 01:13:43.420] to pay, and the gal got really huffy, and then ended up just giving her everything without [01:13:43.420 --> 01:13:44.420] the money. [01:13:44.420 --> 01:13:49.140] So that was pretty funny, but there's nothing in it. [01:13:49.140 --> 01:13:55.380] So you get this stuff, and they've got the person who they claim to be the victim doesn't [01:13:55.380 --> 01:14:00.940] even own the land that they're claiming that I trespassed on, which I did not. [01:14:00.940 --> 01:14:04.300] And just the whole thing is just like a ridiculous joke. [01:14:04.300 --> 01:14:09.860] Well, the thing about it is, is they don't necessarily have to own it. [01:14:09.860 --> 01:14:15.340] For instance, I'm renting the place I'm in right now, but I can sure charge you or file [01:14:15.340 --> 01:14:20.580] a complaint against you for trespass if you come in here without my permission. [01:14:20.580 --> 01:14:24.420] So the question isn't whether or not they own it, the question is do they have a legal [01:14:24.420 --> 01:14:28.460] right to be there and possess it and use it? [01:14:28.460 --> 01:14:34.220] If they do, then they can make a trespass claim if they asked you to leave and you didn't. [01:14:34.220 --> 01:14:35.220] Yeah. [01:14:35.220 --> 01:14:36.220] Well, see, none of that ever happened. [01:14:36.220 --> 01:14:38.620] This whole thing is a bogus thing. [01:14:38.620 --> 01:14:43.180] These people are trying to harass us so that we give them our beautiful piece of real estate [01:14:43.180 --> 01:14:47.420] here because they own everything around us, so they're just playing all these games. [01:14:47.420 --> 01:14:52.860] So anyway, right now I'm at the point where the DA gave us what they said they have, but [01:14:52.860 --> 01:14:59.300] we know there's a lot more with the sheriff, so I guess I'm just looking for a little direction [01:14:59.300 --> 01:15:00.620] after we can figure out what I think. [01:15:00.620 --> 01:15:01.620] Okay. [01:15:01.620 --> 01:15:02.620] Well, let me clue you into something. [01:15:02.620 --> 01:15:03.620] Okay. [01:15:03.620 --> 01:15:08.020] One of the games the district attorneys and county attorneys like to play when it comes [01:15:08.020 --> 01:15:13.980] to discovery is not getting the evidence they're going to use in court until the very last [01:15:13.980 --> 01:15:15.940] minute from the people that have it. [01:15:15.940 --> 01:15:21.300] Remember, the evidence is not sourced by the district or county attorney's office. [01:15:21.300 --> 01:15:26.420] It is sourced by the agency that collected it, which in this case would be the police [01:15:26.420 --> 01:15:28.740] agency, whatever it is. [01:15:28.740 --> 01:15:29.740] Okay? [01:15:29.740 --> 01:15:30.740] Sheriff, I'm on it. [01:15:30.740 --> 01:15:39.660] So you file the motion for discovery with those entities first, and then you ask the prosecution [01:15:39.660 --> 01:15:45.620] for discovery on what they have in their possession. [01:15:45.620 --> 01:15:51.620] So I want to file a motion into this case, compelling discovery from... [01:15:51.620 --> 01:15:53.540] No, a motion for discovery. [01:15:53.540 --> 01:15:57.620] You don't get to compel discovery until they fail to comply with it. [01:15:57.620 --> 01:15:58.620] Okay. [01:15:58.620 --> 01:15:59.620] Yeah. [01:15:59.620 --> 01:16:03.180] So that motion is already filed. [01:16:03.180 --> 01:16:04.180] So... [01:16:04.180 --> 01:16:05.180] With who? [01:16:05.180 --> 01:16:08.780] With the district court. [01:16:08.780 --> 01:16:09.780] Yeah. [01:16:09.780 --> 01:16:14.260] Asking for discovery from who? [01:16:14.260 --> 01:16:15.940] I think I'd have to look. [01:16:15.940 --> 01:16:16.940] It was a while. [01:16:16.940 --> 01:16:19.820] It was right after we talked on the phone, but I think it was... [01:16:19.820 --> 01:16:20.820] I'd have to look. [01:16:20.820 --> 01:16:24.140] It may have been just general, but so I need to go back and... [01:16:24.140 --> 01:16:28.380] Well, there is no such thing as a general motion for discovery. [01:16:28.380 --> 01:16:33.820] It has to be directed to someone to produce the stuff you're requesting in the discovery. [01:16:33.820 --> 01:16:40.460] Now, you may ask for the discovery items generally if you want, which I don't think you should [01:16:40.460 --> 01:16:41.460] be doing. [01:16:41.460 --> 01:16:45.300] You should be very specific where and when you can. [01:16:45.300 --> 01:16:51.500] But you must be specific as to who it is you are requesting that discovery from. [01:16:51.500 --> 01:16:52.500] Sure. [01:16:52.500 --> 01:16:56.620] So who was it requested from? [01:16:56.620 --> 01:16:58.940] Think about that for a second, and let me take this break. [01:16:58.940 --> 01:17:01.100] We'll be right back. [01:17:01.100 --> 01:17:05.500] Are you looking to have a closer relationship with God and a better understanding of His [01:17:05.500 --> 01:17:06.500] Word? [01:17:06.500 --> 01:17:11.620] Tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture [01:17:11.620 --> 01:17:18.020] Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15. [01:17:18.020 --> 01:17:22.540] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [01:17:22.540 --> 01:17:24.980] dividing the word of truth. [01:17:24.980 --> 01:17:28.940] Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse [01:17:28.940 --> 01:17:32.260] by verse and discuss the true Gospel message. [01:17:32.260 --> 01:17:36.900] Our second-hour topical studies will vary each week with discussions on sound doctrine [01:17:36.900 --> 01:17:39.300] and Christian character development. [01:17:39.300 --> 01:17:43.820] We wish to reflect God's light and be a blessing to all those with a hearing ear. [01:17:43.820 --> 01:17:48.180] Our goal is to strengthen our faith and to transform ourselves more into the likeness [01:17:48.180 --> 01:17:49.980] of our Lord and Savior Jesus. [01:17:49.980 --> 01:17:57.060] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [01:17:57.060 --> 01:18:00.820] motivate your studies of the Scriptures. [01:18:00.820 --> 01:18:05.380] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:18:05.380 --> 01:18:09.580] Stop debt collectors now with the Michael Mears Proven Method. [01:18:09.580 --> 01:18:13.900] Michael Mears has won six cases in federal court against debt collectors, and now you [01:18:13.900 --> 01:18:14.900] can win too. [01:18:14.900 --> 01:18:19.740] You'll get step-by-step instructions in plain English on how to win in court using federal [01:18:19.740 --> 01:18:25.500] civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer [01:18:25.500 --> 01:18:30.140] letters and phone calls, how to get debt collectors out of your credit report, how to turn your [01:18:30.140 --> 01:18:34.340] financial tables on them and make them pay you to go away. [01:18:34.340 --> 01:18:39.460] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:18:39.460 --> 01:18:41.420] Personal consultation is available as well. [01:18:41.420 --> 01:18:47.140] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner [01:18:47.140 --> 01:18:50.140] or email MichaelMears at yahoo.com. [01:18:50.140 --> 01:18:59.100] 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 [01:18:59.100 --> 01:19:00.100] collectors now. [01:19:29.100 --> 01:19:40.900] All right, folks. [01:19:40.900 --> 01:19:41.900] We are back. [01:19:41.900 --> 01:19:48.820] This is Rule of Law Radio, the call at number 512-646-1984 if you want to call and talk. [01:19:48.820 --> 01:19:54.620] I got about 45 minutes left in this here show, and right now I am talking to Ron in Oregon. [01:19:54.620 --> 01:20:00.500] Okay, so if your original motion for discovery, Ron, said that you were asking for discovery [01:20:00.500 --> 01:20:08.260] from the district or county attorney's office, okay, and they are who you filed that discovery [01:20:08.260 --> 01:20:12.900] motion with, they're the only ones you're going to get discovery from. [01:20:12.900 --> 01:20:17.800] And if they have not yet collected the evidence from the law enforcement agency that they [01:20:17.800 --> 01:20:26.380] intend to use against you in court, if there is any, then they're hiding it by doing it [01:20:26.380 --> 01:20:27.580] that way. [01:20:27.580 --> 01:20:33.420] So you cover your bases by also sending a motion for discovery specifically to the law [01:20:33.420 --> 01:20:38.900] enforcement agency that collected the evidence, whatever that evidence may be. [01:20:38.900 --> 01:20:39.900] Gotcha. [01:20:39.900 --> 01:20:52.060] And yeah, we just found the thing here, and this was, anyway, it's a little bit general, [01:20:52.060 --> 01:21:00.420] and it is, I captured it, defendant's motion to compel discovery of all evidence plaintiff [01:21:00.420 --> 01:21:01.420] as in possession. [01:21:01.420 --> 01:21:07.020] Well, again, a motion to compel is a secondary motion. [01:21:07.020 --> 01:21:09.580] It is not a primary motion. [01:21:09.580 --> 01:21:16.700] A motion to compel is filed when someone fails to comply with the primary motion for discovery. [01:21:16.700 --> 01:21:17.700] Gotcha. [01:21:17.700 --> 01:21:26.860] Okay, so I will get this done quite pronto here, and I will specifically name the sheriff. [01:21:26.860 --> 01:21:32.580] Now, I'm interested in the phone records from the non-emergency narrative from dispatch, [01:21:32.580 --> 01:21:33.580] which they have. [01:21:33.580 --> 01:21:41.940] Well, you'll want all recordings and communications and CAD reports between the dispatch officer [01:21:41.940 --> 01:21:44.140] and the officers on scene. [01:21:44.140 --> 01:21:54.140] You'll want any in-house communications relating to the case number that that, or the CAD number [01:21:54.140 --> 01:21:57.980] that they're working off of in-house, et cetera, et cetera. [01:21:57.980 --> 01:22:01.980] In other words, you want everything the sheriff's department has on this, so don't forget to [01:22:01.980 --> 01:22:03.460] ask for it that way. [01:22:03.460 --> 01:22:04.780] I want your CAD reports. [01:22:04.780 --> 01:22:08.260] I want all recordings between dispatch and the officers. [01:22:08.260 --> 01:22:12.860] I want any communications between the officers and the department outside of the dispatcher. [01:22:12.860 --> 01:22:17.460] I want any communications and recordings made between the officers themselves, et cetera, [01:22:17.460 --> 01:22:18.460] et cetera. [01:22:18.460 --> 01:22:19.460] Sure, yep. [01:22:19.460 --> 01:22:26.100] And if there's any in-house documents, recordings, memorandum, emails, or anything of that nature [01:22:26.100 --> 01:22:31.780] relative to this case and this CAD report, then I want that too. [01:22:31.780 --> 01:22:35.340] What's the CAD report? [01:22:35.340 --> 01:22:36.340] Computer aided dispatch. [01:22:36.340 --> 01:22:37.340] Okay. [01:22:37.340 --> 01:22:38.340] Okay. [01:22:38.340 --> 01:22:43.380] The dispatcher is logging everything that happens that they're interacting with in the [01:22:43.380 --> 01:22:44.380] computer in real-time. [01:22:44.380 --> 01:22:45.380] Great. [01:22:45.380 --> 01:22:54.740] So then I want communications to text messages and emails with private parties related to [01:22:54.740 --> 01:22:55.740] this. [01:22:55.740 --> 01:22:56.740] Well, that's what I said. [01:22:56.740 --> 01:22:59.240] All communications in whatever form they may be. [01:22:59.240 --> 01:23:08.220] They may exist, such as text, emails, written reports, recordings, et cetera, et cetera. [01:23:08.220 --> 01:23:13.180] And then I'd like to request from those parties, just in case they don't quite... [01:23:13.180 --> 01:23:18.580] No, you can't request them from the parties because they are not personal records. [01:23:18.580 --> 01:23:20.580] Okay. [01:23:20.580 --> 01:23:22.580] Okay. [01:23:22.580 --> 01:23:28.760] Those records were generated by those individuals in their official capacity. [01:23:28.760 --> 01:23:33.020] The only way you could ask for something personal is if you saw one of them using their personal [01:23:33.020 --> 01:23:34.620] cell phone. [01:23:34.620 --> 01:23:39.420] Once they used it in the performance of their duties, that information became discoverable [01:23:39.420 --> 01:23:43.420] and public record, and they're required to preserve it. [01:23:43.420 --> 01:23:44.420] Okay. [01:23:44.420 --> 01:23:50.060] I'm picking two of the private parties who are not sheriffs or anything, communicating [01:23:50.060 --> 01:23:53.260] with the sheriff. [01:23:53.260 --> 01:23:55.140] That'll all be in the CAD recordings. [01:23:55.140 --> 01:23:58.280] There won't be separate recordings from those individuals. [01:23:58.280 --> 01:23:59.980] I would almost guarantee it. [01:23:59.980 --> 01:24:00.980] It'll all be there. [01:24:00.980 --> 01:24:01.980] Yeah. [01:24:01.980 --> 01:24:02.980] Great. [01:24:02.980 --> 01:24:03.980] Great. [01:24:03.980 --> 01:24:07.660] So it sounds like the CAD is a pretty good term to be sure to have in there and then [01:24:07.660 --> 01:24:09.140] represent all this stuff. [01:24:09.140 --> 01:24:10.140] Yeah. [01:24:10.140 --> 01:24:15.340] Well, you say computer aided dispatch report, and then you put CAD in parentheses right [01:24:15.340 --> 01:24:22.020] after that, so that you can then just say CAD R through the rest of it. [01:24:22.020 --> 01:24:23.020] Okay. [01:24:23.020 --> 01:24:24.020] Well, great. [01:24:24.020 --> 01:24:26.020] That is extremely helpful. [01:24:26.020 --> 01:24:33.620] I think that will get me through the day tomorrow and scare the crap out of them. [01:24:33.620 --> 01:24:35.620] Well, good luck. [01:24:35.620 --> 01:24:36.620] All right. [01:24:36.620 --> 01:24:37.620] Thanks again, Eddie. [01:24:37.620 --> 01:24:38.620] Yes, sir. [01:24:38.620 --> 01:24:39.620] Thanks for calling. [01:24:39.620 --> 01:24:40.620] My pleasure. [01:24:40.620 --> 01:24:41.620] Bye bye. [01:24:41.620 --> 01:24:42.620] Bye bye. [01:24:42.620 --> 01:24:43.620] All right. [01:24:43.620 --> 01:24:44.620] Now we have Jane in Texas. [01:24:44.620 --> 01:24:45.620] Good evening, Jane. [01:24:45.620 --> 01:24:46.620] How are you? [01:24:46.620 --> 01:24:47.620] Hi, Eddie. [01:24:47.620 --> 01:24:48.620] I'm fine. [01:24:48.620 --> 01:24:49.620] How are you? [01:24:49.620 --> 01:24:50.620] I'm tired. [01:24:50.620 --> 01:24:59.660] I have had, aren't you, are you still hot, or is it cool off over there? [01:24:59.660 --> 01:25:04.500] Well, I keep things set on 79, try not to get buried under the electric bill. [01:25:04.500 --> 01:25:08.580] So while I'm on the radio getting all hot and bothered with these conversations, I tend [01:25:08.580 --> 01:25:10.140] to sweat around the collar a little bit. [01:25:10.140 --> 01:25:11.140] But that's just me. [01:25:11.140 --> 01:25:12.140] It's not the house. [01:25:12.140 --> 01:25:13.140] The AC's fixed though? [01:25:13.140 --> 01:25:14.140] Yes. [01:25:14.140 --> 01:25:15.140] Good. [01:25:15.140 --> 01:25:16.140] I only call just... [01:25:16.140 --> 01:25:20.820] I would not be here tonight if it wasn't. [01:25:20.820 --> 01:25:21.820] Believe me. [01:25:21.820 --> 01:25:22.820] Okay. [01:25:22.820 --> 01:25:23.820] Yeah. [01:25:23.820 --> 01:25:24.820] You wouldn't have a show, that's for sure. [01:25:24.820 --> 01:25:25.820] Okay. [01:25:25.820 --> 01:25:28.220] So I just have a couple of things, and it's not really related to my case or anything, [01:25:28.220 --> 01:25:34.740] not specifically, but on the donate link, it's confusing, and that's probably the reason [01:25:34.740 --> 01:25:39.340] why maybe you're not getting as much as you need. [01:25:39.340 --> 01:25:42.100] But I just looked at it and I was going to donate on there. [01:25:42.100 --> 01:25:46.900] And there's one link that says you can donate Bitcoin. [01:25:46.900 --> 01:25:52.940] But when you try to donate that way, it looks like it just goes to the whole network. [01:25:52.940 --> 01:25:55.100] And then you have the link for... [01:25:55.100 --> 01:25:58.820] Well, I don't know what the various ways of donating are. [01:25:58.820 --> 01:26:04.700] Are you at the ruleoflawradio.com website or the Logos website? [01:26:04.700 --> 01:26:10.620] Oh, well, and maybe that's the difference over there because on the Logos, it has the [01:26:10.620 --> 01:26:11.620] class, right? [01:26:11.620 --> 01:26:12.620] It has the class. [01:26:12.620 --> 01:26:14.940] Well, the class is on both websites. [01:26:14.940 --> 01:26:20.940] But on the ruleoflawradio.com website, the donations tab is completely separate from [01:26:20.940 --> 01:26:22.220] everything else. [01:26:22.220 --> 01:26:26.740] So when you look in the top left at the menu up there and you click on donations, you go [01:26:26.740 --> 01:26:31.740] to a page that says donate to the network, donate to Eddie, or donate to Randy's Beer [01:26:31.740 --> 01:26:32.740] Fund. [01:26:32.740 --> 01:26:33.740] I've never seen that. [01:26:33.740 --> 01:26:34.740] I've never seen that. [01:26:34.740 --> 01:26:37.740] But I got the middle in the wrong spot. [01:26:37.740 --> 01:26:38.740] Yeah. [01:26:38.740 --> 01:26:42.020] And ever since they've got the new website, very few people do. [01:26:42.020 --> 01:26:48.420] But you have to go to the ruleoflawradio.com donations page to donate to me directly. [01:26:48.420 --> 01:26:49.420] Okay. [01:26:49.420 --> 01:26:50.420] All right. [01:26:50.420 --> 01:26:53.620] And the other thing is I heard you say something... [01:26:53.620 --> 01:26:57.900] Well, I don't want to get into that yet because I got an easier question first. [01:26:57.900 --> 01:26:58.900] Okay. [01:26:58.900 --> 01:27:04.700] Now that I have already filed all my motion with on multiple exhibits and stuff like that, [01:27:04.700 --> 01:27:08.260] and it was 25 pages plus a lot of pages for exhibits. [01:27:08.260 --> 01:27:13.420] But now I'm correcting errors and so I want to refile it, but I don't want to refile all [01:27:13.420 --> 01:27:14.420] exhibits and everything. [01:27:14.420 --> 01:27:17.300] Do I have to? [01:27:17.300 --> 01:27:20.100] Do you have to refile the whole thing if you amend it? [01:27:20.100 --> 01:27:21.100] Are you serious? [01:27:21.100 --> 01:27:22.100] I mean, why? [01:27:22.100 --> 01:27:26.780] I mean, that's either as a waste of paper. [01:27:26.780 --> 01:27:30.940] Well that may be true, but that's the problem with filing stuff before you're sure you've [01:27:30.940 --> 01:27:33.100] got it the way you want it. [01:27:33.100 --> 01:27:34.100] Well I had no choice. [01:27:34.100 --> 01:27:35.100] It was... [01:27:35.100 --> 01:27:40.340] Well, I understand that, but again, if you amend it, you've got to put everything with [01:27:40.340 --> 01:27:41.340] it. [01:27:41.340 --> 01:27:42.340] Yeah. [01:27:42.340 --> 01:27:43.340] That's just great. [01:27:43.340 --> 01:27:48.660] I don't know how many rings of paper and how many things of ink I'm going to have to go [01:27:48.660 --> 01:27:49.660] through. [01:27:49.660 --> 01:27:50.660] Okay. [01:27:50.660 --> 01:27:51.660] So that's that. [01:27:51.660 --> 01:27:56.900] And so, but amending means that it's the same motion, just corrected maybe though. [01:27:56.900 --> 01:28:00.020] So I don't understand why they seem to be so involved. [01:28:00.020 --> 01:28:02.060] No, not necessarily. [01:28:02.060 --> 01:28:05.140] Amended can mean a lot more than just corrected. [01:28:05.140 --> 01:28:06.140] Okay. [01:28:06.140 --> 01:28:10.140] Then what about supplemental? [01:28:10.140 --> 01:28:14.260] Well supplemental is the same thing as amended when it comes to a motion. [01:28:14.260 --> 01:28:16.980] You're supplementing the information in the original motion. [01:28:16.980 --> 01:28:21.300] How you're doing that can only be determined by reading the new motion. [01:28:21.300 --> 01:28:22.300] Okay. [01:28:22.300 --> 01:28:23.300] All right. [01:28:23.300 --> 01:28:24.300] With all the new exhibits again. [01:28:24.300 --> 01:28:25.300] Okay. [01:28:25.300 --> 01:28:26.300] All right. [01:28:26.300 --> 01:28:36.380] Then I heard you say something wrong a while ago that if you have the right to the property [01:28:36.380 --> 01:28:43.660] and even though you're renting that because somebody trespassed on your property, that [01:28:43.660 --> 01:28:45.580] you could charge for trespassing. [01:28:45.580 --> 01:28:47.500] Well, I have an issue with that. [01:28:47.500 --> 01:28:48.500] Well, okay. [01:28:48.500 --> 01:28:53.060] You have to understand how a state trespassing statute works. [01:28:53.060 --> 01:28:59.460] Here in Texas, in order for them to trespass you, you literally have to be told that you're [01:28:59.460 --> 01:29:03.260] trespassing and have to leave by law enforcement. [01:29:03.260 --> 01:29:06.660] They're the only ones that can actually trespass you. [01:29:06.660 --> 01:29:14.100] The individual can tell you to leave and then call the cops in order to get them out there [01:29:14.100 --> 01:29:16.360] to make you leave. [01:29:16.360 --> 01:29:23.140] But if you're gone by the time they show up, they can only give you a trespass warning [01:29:23.140 --> 01:29:28.060] and tell you that if you do show back up, then they're going to be called again. [01:29:28.060 --> 01:29:29.660] And that's that. [01:29:29.660 --> 01:29:34.780] But the individual directly can't charge you with the trespass in Texas. [01:29:34.780 --> 01:29:36.260] The cops have to do it. [01:29:36.260 --> 01:29:37.260] Okay. [01:29:37.260 --> 01:29:39.260] Well, I'm not finishing it there because I have another one. [01:29:39.260 --> 01:29:47.100] And you can only be charged with actual trespass if you were warned and then returned. [01:29:47.100 --> 01:29:48.420] So hang on just a second. [01:29:48.420 --> 01:29:50.660] Let me take this break and I'll pick this back up with you. [01:29:50.660 --> 01:29:51.660] Okay? [01:29:51.660 --> 01:29:52.660] All right, folks. [01:29:52.660 --> 01:29:53.660] 512-646-1984. [01:29:53.660 --> 01:29:54.660] Give me a call. [01:29:54.660 --> 01:29:55.660] Let's talk. [01:29:55.660 --> 01:30:04.660] It seems like everywhere you turn nowadays, someone wants your name, social security number [01:30:04.660 --> 01:30:05.660] and date of birth. [01:30:05.660 --> 01:30:08.380] But you should think twice before giving away your personal data. [01:30:08.380 --> 01:30:12.420] I'm Dr. Catherine Albrecht and I'll say more in just a moment. [01:30:12.420 --> 01:30:16.980] Google is watching you, recording everything you've ever searched for and creating a massive [01:30:16.980 --> 01:30:19.260] database of your personal information. [01:30:19.260 --> 01:30:20.540] That's creepy. [01:30:20.540 --> 01:30:22.620] But it doesn't have to be that way. [01:30:22.620 --> 01:30:26.020] Startpage.com is the world's most private search engine. [01:30:26.020 --> 01:30:30.340] Startpage.com doesn't store your IP address, make a record of your searches or use tracking [01:30:30.340 --> 01:30:32.580] cookies and they're third party certified. [01:30:32.580 --> 01:30:37.060] If you don't like big brother spying on you, start over with Startpage. [01:30:37.060 --> 01:30:39.940] Private search results and total privacy. [01:30:39.940 --> 01:30:42.620] Startpage.com, the world's most private search engine. [01:30:42.620 --> 01:30:44.340] Forms, forms, forms. [01:30:44.340 --> 01:30:45.340] They're everywhere. [01:30:45.340 --> 01:30:48.980] But just because a piece of paper asks for information doesn't mean you have to give [01:30:48.980 --> 01:30:49.980] it. [01:30:49.980 --> 01:30:54.620] I write blank spaces on forms all the time or I write N slash A for not applicable and [01:30:54.620 --> 01:30:56.700] usually nobody notices or cares. [01:30:56.700 --> 01:31:01.260] I never give my social security number or date of birth unless it's absolutely mandatory [01:31:01.260 --> 01:31:05.580] for employment or a government requirement and I won't give my phone number to a company [01:31:05.580 --> 01:31:09.740] or an organization unless I actually want them to call me and that's pretty rare. [01:31:09.740 --> 01:31:14.860] To preserve our vanishing privacy, we need to practice saying no to random data requests. [01:31:14.860 --> 01:31:18.300] It's like exercising a muscle, it gets easier the more you do it. [01:31:18.300 --> 01:31:31.580] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:31:31.580 --> 01:31:32.580] I lost my son. [01:31:32.580 --> 01:31:33.580] My nephew. [01:31:33.580 --> 01:31:34.580] My uncle. [01:31:34.580 --> 01:31:35.580] Uh-huh. [01:31:35.580 --> 01:31:36.580] September 11th, 2001. 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[01:32:29.060 --> 01:32:32.060] The rule of law radio has put together the most comprehensive teaching tool available [01:32:32.060 --> 01:32:36.060] that will help you understand what due process is and how to hold courts to the rule of law. [01:32:36.060 --> 01:32:40.420] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [01:32:40.420 --> 01:32:43.780] ordering your copy today. By ordering now, you'll receive a copy of Eddie's book, The [01:32:43.780 --> 01:32:48.140] Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 [01:32:48.140 --> 01:32:51.900] seminar, hundreds of research documents, and other useful resource material. Learn how [01:32:51.900 --> 01:32:55.780] to fight for your rights with the help of this material from ruleoflawradio.com. Order [01:32:55.780 --> 01:33:02.780] your copy today and together we can have the free society we all want and deserve. [01:33:25.780 --> 01:33:45.780] All right, folks, we are back. This is rule of law radio calling number 512-646-1984. [01:33:45.780 --> 01:33:53.420] And we are on the phone with Janet, or Jane, I'm sorry. Okay, Jane. Now, I'm looking at [01:33:53.420 --> 01:34:01.420] 30.05, the criminal trespass statute for here in Texas, okay? Subsection A, a person commits [01:34:01.420 --> 01:34:06.420] an offense if the person enters or remains on or in property of another, including residential [01:34:06.420 --> 01:34:11.940] land, agricultural land, a recreational vehicle park, a building, a general residential operation, [01:34:11.940 --> 01:34:16.540] operating as a residential treatment center, or an aircraft or other vehicle without effective [01:34:16.540 --> 01:34:22.420] consent, and the person, one, had noticed that the entry was forbidden, or two, received [01:34:22.420 --> 01:34:29.820] notice to depart but failed to do so, okay? Now, and B, for the purposes of this section, [01:34:29.820 --> 01:34:36.160] entry means the intrusion of the entire body. And notice means an oral or written communication [01:34:36.160 --> 01:34:41.860] by the owner or someone with apparent authority to act for the owner. B, fencing or other [01:34:41.860 --> 01:34:45.820] enclosure obviously designed to exclude intruders or to contain livestock. [01:34:45.820 --> 01:34:52.340] Okay, hold up for one second. On the fencing, what if it wasn't totally surrounding the [01:34:52.340 --> 01:34:55.380] property? Because I've read this thing over and over and over, but is the fencing, does [01:34:55.380 --> 01:35:03.700] it have to be totally enclosed, the area? If it's only going to exclude intruders or [01:35:03.700 --> 01:35:08.420] contain livestock if it's fully enclosed. Okay, all right. [01:35:08.420 --> 01:35:13.540] It can't be just like a half a yard divider fence. Okay. [01:35:13.540 --> 01:35:19.100] It would have to be a defense that would enclose the property to keep people out or keep livestock [01:35:19.100 --> 01:35:22.580] in. Well, how did I get charged with it then and [01:35:22.580 --> 01:35:26.180] also theft? Well, hold on a sec. We haven't finished [01:35:26.180 --> 01:35:32.300] reading all the things that are on here, okay? Because remember, you've got entry and notice. [01:35:32.300 --> 01:35:35.620] You've got two different things here. And remember, entry means the intrusion of the [01:35:35.620 --> 01:35:41.620] entire body. Well, from what you said, according to the covenants in the place you're living, [01:35:41.620 --> 01:35:46.700] the most of the area you were in with the distinction of her, specifically her back [01:35:46.700 --> 01:35:50.300] patio is communal property. Yes. [01:35:50.300 --> 01:35:55.300] Yes or no? Yes, it was. I mean, it is in our declarations, [01:35:55.300 --> 01:35:59.220] but I'm not- Okay. Then she can't trespass you from going [01:35:59.220 --> 01:36:04.740] on the yard on that side, on that side of the yard, even if it is right behind her house. [01:36:04.740 --> 01:36:09.940] No, the patio, the patio. Anything outside the four walls of our unit are supposed to [01:36:09.940 --> 01:36:13.380] be considered, even the exterior of the buildings and everything, they're supposed to be considered [01:36:13.380 --> 01:36:18.740] a common area. Okay. If that's the common area, then she [01:36:18.740 --> 01:36:23.340] can't trespass you from the common area. Right. [01:36:23.340 --> 01:36:29.940] Okay. And that's something that you should have brought up at your trial if you didn't. [01:36:29.940 --> 01:36:34.020] I did. And they didn't let me submit evidence because they said it wasn't relevant. And [01:36:34.020 --> 01:36:37.140] that, you know, I mean, nothing I tried to bring up. [01:36:37.140 --> 01:36:44.140] Well, the thing about it is what constitutes entry and notice is 100% relevant. [01:36:44.140 --> 01:36:48.380] Right. Exactly. And you can only commit entry if you are [01:36:48.380 --> 01:36:53.940] in an area that you're not allowed to be. And the common area does not constitute an [01:36:53.940 --> 01:37:02.540] area you're not allowed to be. Exactly. And, okay. But when you're talking [01:37:02.540 --> 01:37:09.060] to Ron, I was thinking of trespassing. Actually, what I was really thinking of was theft because [01:37:09.060 --> 01:37:13.500] unless you have exclusive rights to whatever it is that somebody steals from you, then [01:37:13.500 --> 01:37:21.340] how can it be, Texas Patterns Degree Charges 92.9 says that the owner must have exclusive [01:37:21.340 --> 01:37:27.420] rights to the property in order for it to be theft. Otherwise, it's not theft. [01:37:27.420 --> 01:37:37.220] Hang on. Okay. That's under Chapter 31. [01:37:37.220 --> 01:37:43.980] Okay. Let's see what this says. [01:37:43.980 --> 01:37:49.220] Yeah, I have, I know what, I mean, I don't know what's up in my head, you know, but I've [01:37:49.220 --> 01:37:54.020] read that a hundred times also, but. Okay. Well, hang on. Let me read it once. [01:37:54.020 --> 01:37:55.020] Okay. Okay. [01:37:55.020 --> 01:38:00.900] A, a person commits an offense if he unlawfully appropriates property with intent to deprive [01:38:00.900 --> 01:38:07.380] the owner of property. Well, did they prove intent to deprive? [01:38:07.380 --> 01:38:13.140] They had the officer, they let him prove the intent. Tell them what the intention was. [01:38:13.140 --> 01:38:19.380] That's what they did. The officer can't prove your intent. [01:38:19.380 --> 01:38:25.220] I know exactly. That's part of my argument and my motion, but they asked him if it looked [01:38:25.220 --> 01:38:31.260] like I intended to keep the property from her when I was walking away from the patio. [01:38:31.260 --> 01:38:37.860] And he said, yes, you know. [01:38:37.860 --> 01:38:42.860] Well, but here again, with the intent to deprive the owner of property. [01:38:42.860 --> 01:38:46.420] Right. You gave it back to the owner, which was the [01:38:46.420 --> 01:38:51.060] city, correct? Yeah, but the changing hands or whatever [01:38:51.060 --> 01:38:56.980] doesn't, doesn't necessarily according to what I've read, it doesn't change the, the [01:38:56.980 --> 01:39:01.180] fact that it was stolen. But, you know, but what I'm saying is exclusive [01:39:01.180 --> 01:39:05.380] rights is what the, if it's a text pattern jury charge, and that's what the jury would [01:39:05.380 --> 01:39:08.660] be going by. And then they would know that she would check [01:39:08.660 --> 01:39:13.380] it out from, and what their argument was, was that she checked it out. She didn't check [01:39:13.380 --> 01:39:19.220] it out. She borrowed it from the city. And because she gained effective control over [01:39:19.220 --> 01:39:24.860] the object and she was responsible for it, that, that is the reason why it was theft [01:39:24.860 --> 01:39:28.060] is because I stole it from her. But I did give it back within an hour. [01:39:28.060 --> 01:39:31.860] I gave it to the police, which gave it back to her. So, but supposedly that doesn't make [01:39:31.860 --> 01:39:38.900] a difference that you give it back. [01:39:38.900 --> 01:39:45.180] Well again, the, the issue, that's a separate issue from what we're talking about here. [01:39:45.180 --> 01:39:52.340] Going through what this says, okay, even if you had taken it from that, it was in the [01:39:52.340 --> 01:39:57.660] community property. Okay. Okay. [01:39:57.660 --> 01:40:06.220] If it's in the community property, and I mean, what else is in the community property that [01:40:06.220 --> 01:40:09.740] both of you have access to? [01:40:09.740 --> 01:40:14.100] Grass, dirt, you know, see a tree, you know, plants. [01:40:14.100 --> 01:40:18.700] Do they have any benches out there or tables or anything that belongs to the complex or [01:40:18.700 --> 01:40:21.900] whatever it is you live in rather than you two individually? [01:40:21.900 --> 01:40:27.900] No, we don't have anything like that. I mean, under fact, we pay $250 a month, $250 a month [01:40:27.900 --> 01:40:32.220] just to, for our dues when all we do is mow the yard and have a little sprinklers come [01:40:32.220 --> 01:40:37.780] on every now and then and the lights in the front, but we don't have anything like that [01:40:37.780 --> 01:40:43.580] that we share, but the common property and from where I look at the decorations is, you [01:40:43.580 --> 01:40:48.420] know, they have a big common area. It's a green belt, you know, that if we, somebody [01:40:48.420 --> 01:40:51.860] was to, you know, play volleyball, whatever they did up there, nobody does anything in [01:40:51.860 --> 01:40:59.140] it, walks their dogs or whatever, but there's, but I don't, I don't really want to harp [01:40:59.140 --> 01:41:07.420] on the fact that our, our decorations say that, that the patio is common property because [01:41:07.420 --> 01:41:11.900] she's trespassed on my property and she's charged me with theft. I mean, she had the [01:41:11.900 --> 01:41:18.220] cops do it, but, but that's in my civil case right now and that trespass to real property [01:41:18.220 --> 01:41:25.020] is part of, is my, one of my, is my counter claim actually. So I don't, I don't know [01:41:25.020 --> 01:41:31.260] and she not, we have, I have a property survey, a boundary lines that I pay taxes on that's [01:41:31.260 --> 01:41:37.060] just, that's excluding that, you know, shows that my boundary and if that's the case and [01:41:37.060 --> 01:41:41.220] she never got a survey, but that would make me trespassing, but then I don't know which [01:41:41.220 --> 01:41:46.980] one overruled that. I don't know which one, if it's the declarations, which I know that [01:41:46.980 --> 01:41:50.300] are pretty much enforceable or if it's the process. [01:41:50.300 --> 01:41:56.020] The declarations are binding only on the people and the entity that made them. It's not the [01:41:56.020 --> 01:41:58.820] people that live there and no one else. [01:41:58.820 --> 01:42:04.460] Right, but it's run with the land as far as the deed is concerned. [01:42:04.460 --> 01:42:11.380] Yeah, but it still can't be read and enforced in a way that would violate state law. The [01:42:11.380 --> 01:42:17.980] question is whether or not state law covers everything we're talking about here. The problem [01:42:17.980 --> 01:42:27.060] they still face, regardless of what the statutes themselves say is how they did the case. Okay. [01:42:27.060 --> 01:42:30.700] This was a class C misdemeanor in both of these, right? [01:42:30.700 --> 01:42:31.700] Right. [01:42:31.700 --> 01:42:35.020] Okay. You were not given an examining trial. [01:42:35.020 --> 01:42:36.020] No. [01:42:36.020 --> 01:42:40.820] They did not file an information. They did not obtain an indictment. [01:42:40.820 --> 01:42:41.820] No. [01:42:41.820 --> 01:42:49.060] In short, all of the substantive due process they were required to provide, they ignored. [01:42:49.060 --> 01:42:51.660] That deprived them of subject matter jurisdiction. [01:42:51.660 --> 01:42:52.660] True. [01:42:52.660 --> 01:42:58.820] There's also the fact that the constitutional challenge I have against municipal courts [01:42:58.820 --> 01:43:07.940] clearly shows the law that says Texas, the legislature dissolved all municipal courts [01:43:07.940 --> 01:43:13.820] in the state of Texas. There are no municipal courts in the state of Texas. There are corporation [01:43:13.820 --> 01:43:20.660] courts, but they have to be named in a very specific way in accordance with law and none [01:43:20.660 --> 01:43:23.380] of them comply with it. [01:43:23.380 --> 01:43:28.380] There's also the issue of you were prosecuted by city attorneys, correct? [01:43:28.380 --> 01:43:29.380] Yes. [01:43:29.380 --> 01:43:35.340] Okay. Under our state constitution, the only people that may prosecute in the name of the [01:43:35.340 --> 01:43:42.900] state is a county and district attorney. They're the only ones that can file and sign a proper [01:43:42.900 --> 01:43:48.380] information as a charging instrument. All of these things are requirements under the [01:43:48.380 --> 01:43:49.380] law. [01:43:49.380 --> 01:43:50.380] Right. [01:43:50.380 --> 01:43:56.620] And that is and always should have been your defense. Hang on just a second. Let me get [01:43:56.620 --> 01:43:58.620] this next break. [01:43:58.620 --> 01:44:06.020] Through advances in technology, our lives have greatly improved except in the area of [01:44:06.020 --> 01:44:10.380] nutrition. People feed their pets better than they feed themselves and it's time we changed [01:44:10.380 --> 01:44:16.500] all that. 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You'll receive our audio [01:45:44.500 --> 01:45:51.500] classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much [01:45:51.500 --> 01:46:00.500] more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:00.500 --> 01:46:17.420] All right, folks. We are now officially in the last segment of the show for tonight. [01:46:17.420 --> 01:46:20.860] We are still talking with Janet. I've got one other caller on the board that I will [01:46:20.860 --> 01:46:26.380] try to get to before the end of the show. I don't have a name. It's area code 916. [01:46:26.380 --> 01:46:31.580] So when I say, hello, area code 916, after I'm done with Janet, that will be your cue [01:46:31.580 --> 01:46:35.340] to tell me who you are and where you're calling from because the caller board does not currently [01:46:35.340 --> 01:46:40.260] tell me. All right, Jane. I'm sorry, Jane. I keep calling you Janet. I don't know why. [01:46:40.260 --> 01:46:46.700] But Jane, in any case, those points are what you should have been fighting this on to begin [01:46:46.700 --> 01:46:52.620] with. You did not receive due process according to state law. [01:46:52.620 --> 01:46:59.220] Because you have a right to due process according to state law, they never acquired jurisdiction [01:46:59.220 --> 01:47:08.020] because they violated your right to due process according to state law. Now, that motion that [01:47:08.020 --> 01:47:13.860] you got from Randy for the traffic stuff that goes into that, that one you could have taken [01:47:13.860 --> 01:47:19.980] out all the stuff relative to the transportation code and gone strictly with the points relative [01:47:19.980 --> 01:47:22.780] to the examining trial. [01:47:22.780 --> 01:47:27.420] And that would have been a start. Okay, that would have at least addressed that point or [01:47:27.420 --> 01:47:33.700] at least the majority of issues on that point. I did, but I didn't argue it when I was in [01:47:33.700 --> 01:47:38.500] the trial. I didn't argue it because I had worked on the previous, I worked on another [01:47:38.500 --> 01:47:44.100] thing after that. And so I did argue the Constitution and also- [01:47:44.100 --> 01:47:51.620] No, stop. The issue is never the Constitution. The issue is subject matter jurisdiction. [01:47:51.620 --> 01:47:58.700] Well, that's, I mean, I argued it with subject matter jurisdiction with the Constitution [01:47:58.700 --> 01:48:08.900] and also Texas Total Criminal Procedure 2.01, 2.02, and then 27.01, 27.08, and 09. [01:48:08.900 --> 01:48:12.780] Well, that's just it. The procedure you're after is in Chapter 16. [01:48:12.780 --> 01:48:13.780] Yeah. [01:48:13.780 --> 01:48:23.540] It's not in 2.0 anything and 27.0 anything. It's in 16. Now, those specific sections are [01:48:23.540 --> 01:48:30.420] in paramateria to what's in Chapter 16, but Chapter 16 is all about the examining trial [01:48:30.420 --> 01:48:37.300] once a requirement. And it's not a requirement as a right you're entitled to as far as the [01:48:37.300 --> 01:48:42.380] examining trial itself goes. It's a right you're entitled to because it goes to due [01:48:42.380 --> 01:48:49.540] process in the performance of a legal duty they're required to perform, and you have [01:48:49.540 --> 01:48:54.580] a right to the due process that's attached to the performance of that duty. [01:48:54.580 --> 01:48:57.660] And they deprived you of it by not performing that duty. [01:48:57.660 --> 01:49:04.180] But I was trying to get them, because I was trying to get them on their own, because they [01:49:04.180 --> 01:49:09.260] look at Chapter of the Government Code, the Government Code on 30. [01:49:09.260 --> 01:49:16.020] Again, don't base your defense on where they're going. Where they're coming from means nothing [01:49:16.020 --> 01:49:19.540] if they're not using the appropriate law. Right. [01:49:19.540 --> 01:49:25.140] The Government Code does not overrule the Code of Criminal Procedure unless it specifically [01:49:25.140 --> 01:49:29.020] states that it does. Okay. [01:49:29.020 --> 01:49:35.280] The procedure is in the Code of Criminal Procedure. Some of the details relative to that procedure, [01:49:35.280 --> 01:49:39.460] how they're required to do the details is what's in Chapter 30. [01:49:39.460 --> 01:49:40.460] Okay. [01:49:40.460 --> 01:49:47.940] It's in Chapter 29, but it is not what governs the procedure. For instance, the procedure [01:49:47.940 --> 01:49:54.260] on filing motions is in the Code of Criminal Procedure. However, the details that those [01:49:54.260 --> 01:50:00.180] all pleadings in courts of record are required to be in writing are augmented in Chapter [01:50:00.180 --> 01:50:04.700] 30. But that's the details. It's not the procedure. [01:50:04.700 --> 01:50:10.660] Well, that's a little bit confusing. I guess to me, I've got to figure that out, because [01:50:10.660 --> 01:50:12.060] which one is controlling over... [01:50:12.060 --> 01:50:17.300] The law has to be read as a whole. In other words, you have to read the Code of Criminal [01:50:17.300 --> 01:50:22.220] Procedure and the Government Code where they harmonize, if they can be harmonized. [01:50:22.220 --> 01:50:23.220] Okay. [01:50:23.220 --> 01:50:29.420] They're never in conflict until they directly contradict. They have to be read in a way [01:50:29.420 --> 01:50:35.940] that makes both of them work together, unless it's impossible for them to work together [01:50:35.940 --> 01:50:37.660] as they're written. [01:50:37.660 --> 01:50:38.660] Okay. [01:50:38.660 --> 01:50:39.660] Okay? [01:50:39.660 --> 01:50:40.660] Okay. [01:50:40.660 --> 01:50:47.500] Stop looking for what overrules. The rules on what overrules what are in Chapters 311 [01:50:47.500 --> 01:50:54.180] of the Government Code. And a local provision overrules a general provision, which is what [01:50:54.180 --> 01:51:00.740] the Code of Criminal Procedure is, if the local rule specifically says, this is how [01:51:00.740 --> 01:51:08.220] you do it. But if it doesn't say, this is how you do it, regardless of how it's written [01:51:08.220 --> 01:51:11.060] over here, they have to be read together. [01:51:11.060 --> 01:51:19.780] Okay. But in Chapter 30, when it has specific areas and 29 where it says prosecutions, jurisdictions, [01:51:19.780 --> 01:51:24.700] and then it's also, you told me earlier that Texas Government Code 30 was controlling [01:51:24.700 --> 01:51:28.380] over the appeal, because remember I was saying that I thought it was going to be five days [01:51:28.380 --> 01:51:31.340] and it ended up being 10, because that's what Chapter 30 said. [01:51:31.340 --> 01:51:36.700] Correct. That's where the two conflict in a way that can't be read together and reconciled. [01:51:36.700 --> 01:51:41.460] The Code of Criminal Procedure says five days, which is the general limit. And in a court [01:51:41.460 --> 01:51:47.340] of record under the Chapter 30 of the Government Code, the period of time is 10 days, which [01:51:47.340 --> 01:51:53.820] is local and specific. Five days can't be reconciled when 10 days, can it? [01:51:53.820 --> 01:51:55.700] No, it can't be. [01:51:55.700 --> 01:52:01.900] Okay. So in that case, the local and specific provision under Chapter 30 is then controlling. [01:52:01.900 --> 01:52:08.740] So, okay. So then on the, I know you got to get another call, I just got one more thing. [01:52:08.740 --> 01:52:14.940] Where it tells them, because I was asking about that, how it controls over what it tells [01:52:14.940 --> 01:52:20.500] the Municipal Courts of Record to do from Chapter 30, because in that aspect, as far [01:52:20.500 --> 01:52:29.700] as prosecutions and jurisdictions, let's see, it says about completings. It says that [01:52:29.700 --> 01:52:35.420] they, the Municipal Courts of Record, had to go by Chapter 45 and Chapter 27, which [01:52:35.420 --> 01:52:41.980] Chapter 27.01 for Texas Code of Criminal Procedure says that they have to file an information [01:52:41.980 --> 01:52:45.300] to, you know what I'm saying? [01:52:45.300 --> 01:52:49.700] Correct. And the thing about it is the city attorneys can't file an information. Only [01:52:49.700 --> 01:52:52.300] the county or district attorney can. [01:52:52.300 --> 01:52:57.580] Right. But they don't bring up Chapter 27, they just bring up Chapter 45. [01:52:57.580 --> 01:53:02.300] What specific section of Chapter 30 are you reading? [01:53:02.300 --> 01:53:07.620] That one was, I think that one was prosecution. It was just, no, at the very beginning of [01:53:07.620 --> 01:53:12.340] it. So, because I was under the impression that Chapter 30... [01:53:12.340 --> 01:53:16.500] Well, read it and find the section you're talking about that specifically references [01:53:16.500 --> 01:53:18.900] Chapter 27 and Chapter 2. [01:53:18.900 --> 01:53:19.900] Okay. [01:53:19.900 --> 01:53:22.220] Okay. And email that to me. [01:53:22.220 --> 01:53:24.220] Okay, I will. All right. [01:53:24.220 --> 01:53:28.220] All right. Okay. Well, thanks for calling and I'll talk to you after a while. Okay? [01:53:28.220 --> 01:53:30.220] Sounds good. Thanks. Bye-bye. [01:53:30.220 --> 01:53:37.220] All right. Bye-bye. All right. Area Code 916, you are up. Who am I talking to? [01:53:37.220 --> 01:53:47.180] Yes. Hi, my name is Analia and I'm having a legal issue. I have a complaint filed for [01:53:47.180 --> 01:53:49.180] 16 felony charges. [01:53:49.180 --> 01:53:52.500] Okay. What state are you in? [01:53:52.500 --> 01:53:53.980] I'm in California. [01:53:53.980 --> 01:53:58.180] Okay. You have felony charges pending in California. [01:53:58.180 --> 01:54:08.020] Yes. And, yeah, basically there was a search warrant that I believe was unlawful that was [01:54:08.020 --> 01:54:09.020] served... [01:54:09.020 --> 01:54:13.260] Hey, why do you believe it was unlawful? And remember, we're on borrowed time here. I've [01:54:13.260 --> 01:54:17.500] got four and a half minutes and I can only give you four of those. [01:54:17.500 --> 01:54:23.180] Okay. Well, it was from the Fish and Game Agency and I don't have any contract with [01:54:23.180 --> 01:54:24.940] them and... [01:54:24.940 --> 01:54:31.100] What does a contract have to do with it? What were you doing that they made these charges? [01:54:31.100 --> 01:54:37.980] So they flew over the property and they saw greenhouses on the property that were fully [01:54:37.980 --> 01:54:46.460] enclosed and they took a picture and they gave that to a different officer who swore [01:54:46.460 --> 01:54:55.460] on the affidavit and he enhanced the pictures and found cannabis plants in there and so [01:54:55.460 --> 01:54:57.860] that's how they got the search warrant. [01:54:57.860 --> 01:55:01.780] I thought cannabis was legalized in California. [01:55:01.780 --> 01:55:07.820] A lot of people say that, but it depends on the county that you're in and I guess a lot [01:55:07.820 --> 01:55:08.820] of different things. [01:55:08.820 --> 01:55:15.060] Not if it's legalized by state law. The county's got nothing to do with it. If state law made [01:55:15.060 --> 01:55:18.300] it legal, the county has no say so in it. [01:55:18.300 --> 01:55:23.700] Well, the state law says I believe six plants is the state minimum. [01:55:23.700 --> 01:55:28.580] The state minimum or the state maximum? [01:55:28.580 --> 01:55:36.300] The state minimum or sorry, I don't know if that's minimum or maximum, but that's [01:55:36.300 --> 01:55:38.260] I think minimum. That's the state. That's the minimum. [01:55:38.260 --> 01:55:44.180] Okay. So the state's saying that you can have no less than six marijuana plants? [01:55:44.180 --> 01:55:49.420] I guess it would be, I don't know, do you know if that's the minimum, maximum six plants [01:55:49.420 --> 01:55:50.420] too? [01:55:50.420 --> 01:55:51.420] Yeah, it's losing outlaw in California. [01:55:51.420 --> 01:55:56.100] Okay. So it can't be an outlaw. So you're allowed to have at least six, I believe it's [01:55:56.100 --> 01:55:57.100] the- [01:55:57.100 --> 01:56:01.900] They say that, but you can't grow them outside. They have to be in and hunting habits as well. [01:56:01.900 --> 01:56:07.300] Right. So that's what the county ordinance says, which is it based on statutes and code. [01:56:07.300 --> 01:56:08.300] They just restrict- [01:56:08.300 --> 01:56:11.740] Okay. Again, I need to see the state law, okay? [01:56:11.740 --> 01:56:12.740] Or regulate it. [01:56:12.740 --> 01:56:18.060] The county can't set the criminal content of the state law. The state law has to do [01:56:18.060 --> 01:56:25.180] that. So, because anything the county does has to be an implementation of state law. [01:56:25.180 --> 01:56:28.980] The county doesn't write law. They can't make it up as they go. [01:56:28.980 --> 01:56:35.100] Well, yeah. The plants aren't really the big issue is that they found firearms when they [01:56:35.100 --> 01:56:37.740] came and did their search warrant. And so they're- [01:56:37.740 --> 01:56:42.040] Well, they always try to augment that if they can catch you in the commission of one crime [01:56:42.040 --> 01:56:46.260] and they catch you doing it while you have possession of a firearm, they can enhance [01:56:46.260 --> 01:56:47.260] the charges. [01:56:47.260 --> 01:56:53.980] Right. So that's, yeah, I think that's what they're trying to do and- [01:56:53.980 --> 01:56:58.940] Okay. Well, the first thing I'm wanting to do is read the state law they're coming after [01:56:58.940 --> 01:57:03.140] you under. Do you know what it is? [01:57:03.140 --> 01:57:12.340] I have the complaint. Are you talking about from the complaint? [01:57:12.340 --> 01:57:16.180] Well I don't know if the complaint's required to have the actual state law written on it [01:57:16.180 --> 01:57:24.620] or not. It may or it may not. But the charge has to be coming from some state law or some [01:57:24.620 --> 01:57:26.300] federal law. [01:57:26.300 --> 01:57:42.940] Yeah, they listed, yeah, I'm pulling up the file right here. So- [01:57:42.940 --> 01:57:48.340] Do you have copies of the documents on a computer or do you have them a hard copy only? [01:57:48.340 --> 01:57:51.780] No, I have them all on the computer. [01:57:51.780 --> 01:57:58.740] Okay, then what I would like for you to do, if you're willing to do so, is send me copies [01:57:58.740 --> 01:58:05.580] of what you've got electronically. If it's small enough, email it to Eddie, E-D-D-I-E [01:58:05.580 --> 01:58:13.740] at Rule of Law Radio. If it's not, put it up on a Google or Microsoft OneDrive and then [01:58:13.740 --> 01:58:18.660] send me a link to the folder where I can download it so I can look at what is going on because [01:58:18.660 --> 01:58:23.220] it's going to be very hard for me to answer your questions without knowing what they can [01:58:23.220 --> 01:58:25.820] charge you with and how they're trying to do it. [01:58:25.820 --> 01:58:31.540] Okay, yeah, I'll email you that right now. And you said you're just about out of time, [01:58:31.540 --> 01:58:32.540] I think. [01:58:32.540 --> 01:58:33.540] Yes. [01:58:33.540 --> 01:58:34.540] I don't know. [01:58:34.540 --> 01:58:39.740] Yes, I've got less than 20 seconds, so I've got to let you go. But send me the email and [01:58:39.740 --> 01:58:41.740] we'll start up a conversation, okay? [01:58:41.740 --> 01:58:44.780] Okay, thank you so much. I really appreciate it. [01:58:44.780 --> 01:58:48.940] Yes, ma'am. All right, folks, this has been the Monday Night Rule of Law Radio Show with [01:58:48.940 --> 01:58:50.340] your host, Eddie Craig. [01:58:50.340 --> 01:58:56.700] Bibles for America is offering absolutely free a unique study Bible called the New Testament [01:58:56.700 --> 01:59:02.140] Recovery Version. The New Testament Recovery Version has over 9,000 footnotes that explain [01:59:02.140 --> 01:59:07.700] what the Bible says verse by verse, helping you to know God and to know the meaning of [01:59:07.700 --> 01:59:16.740] life. Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 [01:59:16.740 --> 01:59:23.660] or visit us online at bfa.org. This translation is highly accurate and it comes with over [01:59:23.660 --> 01:59:30.340] 13,000 cross references, plus charts and maps and an outline for every book of the Bible. [01:59:30.340 --> 01:59:34.900] This is truly a Bible you can understand. 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