[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy. It's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by StartPage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with StartPage.
[00:45.500 --> 00:47.500]  Spar. It's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:25.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.500 --> 01:37.500]  Pressure. We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing.
[01:37.500 --> 01:42.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like nausea can be cured
[01:42.000 --> 01:45.500]  using the traditional Chinese therapy known as acupressure.
[01:45.500 --> 01:47.500]  Privacy is under attack.
[01:47.500 --> 01:51.000]  When you give up data about yourself, you'll never get it back again.
[01:51.000 --> 01:56.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.000 --> 02:01.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.000 --> 02:03.500]  Privacy. It's worth hanging on to.
[02:03.500 --> 02:07.500]  This public service announcement is brought to you by StartPage.com,
[02:07.500 --> 02:11.500]  the private search engine alternative to Google, Yahoo, and Bing.
[02:11.500 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:22.000]  Acupressure is an ancient practice that uses finger or hand pressure to cure everything from headaches to constipation.
[02:22.000 --> 02:27.500]  The pressure is applied to points known as meridians that are believed to control the flow of energy in the human body.
[02:27.500 --> 02:34.500]  Acupressure offers a simple cure for nausea you might try the next time you get a queasy stomach or a case of motion sickness.
[02:34.500 --> 02:37.500]  Simply apply moderate pressure to the point known as P6.
[02:37.500 --> 02:42.000]  You'll find it on the inside of your wrist, about two fingers' width down from your palm.
[02:42.000 --> 02:48.000]  Placing pressure on the P6 point works on the same principle as those pricey anti-nausea wristbands.
[02:48.000 --> 02:51.000]  But this relief is free and always on hand.
[02:51.000 --> 03:13.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:41.000]  Hi, folks. Good evening. This is the Monday Night Rule of Law radio show with your host, Eddie Craig.
[03:41.000 --> 03:50.000]  It is August 22, 2022. We are live tonight. This is not Memorex, just in case you were wondering.
[03:50.000 --> 04:00.000]  I have the caller board up and running. Call in number is 512-646-1984 if you want to call in and talk about something.
[04:00.000 --> 04:06.000]  But while we're waiting on callers, I'll give you an update of what my past two weeks have been like.
[04:06.000 --> 04:12.000]  Besides going through and having material for our classes, I've been taking some of the material we're looking at in class right now,
[04:12.000 --> 04:17.000]  such as the constitutional challenge to the city attorney prosecuting the name of the state.
[04:17.000 --> 04:28.000]  And I have been diligently rewriting that to be more fine-tuned, more authoritatively annotated, and much, much more organized
[04:28.000 --> 04:36.000]  so it isn't so repetitive in places so it can get back to the same point it was making at a previous time.
[04:36.000 --> 04:45.000]  But I only had a few days to write that when I originally wrote it, and I've never had the time to go back and get to it since.
[04:45.000 --> 04:50.000]  So that's what I've been doing for the last several days, is reworking this motion.
[04:50.000 --> 04:58.000]  I like the way it's turning out. I've tried to write it in a way that won't make Randy go apoplectic when he tries to read it.
[04:58.000 --> 05:04.000]  For some reason, Randy has always had a problem reading what I've written.
[05:04.000 --> 05:09.000]  So I have tried to make it where he won't have that issue this time around,
[05:09.000 --> 05:20.000]  because I'm being very organized and very careful about keeping my sentences very short, less commas and more periods, so on and so forth.
[05:20.000 --> 05:25.000]  And I have tried to organize this in a particular hierarchy that actually makes sense.
[05:25.000 --> 05:34.000]  For instance, the outline as it currently exists. Anyway, it's not complete yet, but as it currently exists.
[05:34.000 --> 05:41.000]  The table of contents for this motion is the Assertion of Rights Section in Section 1.
[05:41.000 --> 05:49.000]  Section 2 is Argument, and under the Argument we have Subsection 1, which is Challenge to Constitutionality.
[05:49.000 --> 05:55.000]  Then we have Subsection 2, which is the Constitutional Office of the Texas Attorney General.
[05:55.000 --> 05:59.000]  Subsection 3, the Constitutional Offices of the County and District Attorney.
[05:59.000 --> 06:04.000]  Subsection 4, who can constitutionally serve as an attorney for the state.
[06:04.000 --> 06:10.000]  Subsection 5, the City Attorney, and Subsection 6, Specific Violations of the Texas Constitution.
[06:10.000 --> 06:17.000]  Now under Subsection 1, Challenge to Constitutionality, we have Subsection A,
[06:17.000 --> 06:26.000]  which is Specific Statutes being challenged either in whole or in part, and Subsection 1B is Reasons for Challenge.
[06:26.000 --> 06:34.000]  And Subsection, or Section, I'm sorry, Subsection 2, the Constitutional Office of the Texas Attorney General.
[06:34.000 --> 06:42.000]  We have Subsection A of Subsection 2, the Office of Attorney General is an Executive Department Office.
[06:42.000 --> 06:47.000]  Subsection B, the Specific Constitutional Powers and Duties of the Attorney General's Office.
[06:47.000 --> 06:55.000]  Subsection C, Authority and Duties of Attorney General are not expressly regulable by the legislature.
[06:55.000 --> 07:04.000]  And Subsection D, Legislature is not authorized to enact statutory exceptions or violations of any provisions of the Texas Constitution.
[07:04.000 --> 07:09.000]  Now there will be subsections under the Constitutional Office of the County and District Attorney,
[07:09.000 --> 07:13.000]  and who can constitutionally serve in the City Attorney, but there aren't any there yet.
[07:13.000 --> 07:18.000]  Underneath Specific Violations of the Texas Constitution, we have Subsection A,
[07:18.000 --> 07:23.000]  Violation of the Separation of Powers Clause under Article 2, Section 1 of the Texas Constitution.
[07:23.000 --> 07:29.000]  And Subsection B, Violations of the Right to Proper, Sufficient, and Substantive Notice in Criminal Prosecutions.
[07:29.000 --> 07:35.000]  There will also be more subsections under that because there's numerous constitutional violations,
[07:35.000 --> 07:41.000]  not to mention statutory violations, which will be another, that'll be Subsection 7.
[07:41.000 --> 07:50.000]  We have specific violations of the Texas Constitution, specific conflicts with other provisions of the Code of Criminal Procedure and other Texas law.
[07:50.000 --> 07:53.000]  That will be Subsection 7.
[07:53.000 --> 07:58.000]  So there's a lot to go through to make this motion complete.
[07:58.000 --> 08:03.000]  It's a very difficult process when you're sitting here having to not only write it,
[08:03.000 --> 08:14.000]  but then you've got to go back and put in all the links to the specific provisions and statutory sections on the website so that they can be clicked on and brought up to be read.
[08:14.000 --> 08:22.000]  Then you've got to go back and make the annotations that put them in the correct table of authorities, table of contents, et cetera, et cetera,
[08:22.000 --> 08:27.000]  so that they go where they're supposed to go when we lay this out in the motion.
[08:27.000 --> 08:36.000]  We've got our table of contents, and then we've got our individual tables of authorities, which are cases, constitutional provisions, statutes, rules and regulations,
[08:36.000 --> 08:44.000]  rules of evidence, rules of civil procedure, administrative code where that's applicable, et cetera, et cetera.
[08:44.000 --> 08:48.000]  You've got to have ways of putting all of this in there.
[08:48.000 --> 08:54.000]  Unfortunately here we have a whole lot of different things to look at.
[08:54.000 --> 08:56.000]  Well, I guess I shouldn't say unfortunate.
[08:56.000 --> 09:05.000]  The problem is putting all of the individual pieces that are relative to each other into the document in an argument that makes sense.
[09:05.000 --> 09:07.000]  So basically I've tried to lay this out.
[09:07.000 --> 09:14.000]  Here's everything the Constitution says about these specific individual offices or persons.
[09:14.000 --> 09:17.000]  The city attorney is not an office, it's a person.
[09:17.000 --> 09:20.000]  It is not in any way an office.
[09:20.000 --> 09:24.000]  It's neither elected by the people nor is it appointed by the people.
[09:24.000 --> 09:29.000]  It's an internal office of a municipality, a municipal corporation.
[09:29.000 --> 09:39.000]  In fact, the specific opening for the paragraph dealing with the city attorney down here is very straightforward.
[09:39.000 --> 09:43.000]  Let me get down here and I'll tell you what that is.
[09:43.000 --> 09:52.000]  Under Section 5 of the city attorney, to put it bluntly, the city attorney is an absolute nobody relative to holding or exercising the power
[09:52.000 --> 09:55.000]  and authority of a state officer or office.
[09:55.000 --> 10:04.000]  The office of city attorney is not an office organized under and is not even remotely related to the offices of the county or district attorney.
[10:04.000 --> 10:12.000]  The office of city attorney and the attorneys themselves are not managed or directed by and does not directly or tangentially answer
[10:12.000 --> 10:18.000]  or report to either of the constitutional offices of county or district attorney.
[10:18.000 --> 10:22.000]  The city attorney is not publicly elected or appointed to office.
[10:22.000 --> 10:27.000]  They are an internal hire of the municipal corporation itself and nothing more.
[10:27.000 --> 10:33.000]  Thus, a city attorney is not directly accountable to the public through any of the same methods and processes
[10:33.000 --> 10:41.000]  as are those elected or temporarily appointed to the constitutional offices of county and district attorney.
[10:41.000 --> 10:45.000]  Now, that is by far not all we have to get into dealing with the city attorney,
[10:45.000 --> 10:51.000]  but that's laying the groundwork for why we're challenging their ability to prosecute in the name of the state in the first place.
[10:51.000 --> 10:53.000]  They are frickin' nobody.
[10:53.000 --> 10:56.000]  They have no state-level authority of any kind.
[10:56.000 --> 11:00.000]  They have no constitutional authority of any kind.
[11:00.000 --> 11:08.000]  In fact, the appellate court cases that keep ruling against these constitutional challenges to the city attorney
[11:08.000 --> 11:12.000]  are in direct violation of the Constitution.
[11:12.000 --> 11:21.000]  See, we have Court of Criminal Appeals case law that says the Court of Criminal Appeals recognizes that the Texas County and District Attorney's Office
[11:21.000 --> 11:27.000]  and their power to prosecute are a constitutionally delegated office and power.
[11:27.000 --> 11:31.000]  There's actual case law on that.
[11:31.000 --> 11:38.000]  As a constitutionally delegated office and power, it cannot be redelegated,
[11:38.000 --> 11:43.000]  not by the county attorney general themselves or by the legislature.
[11:43.000 --> 11:52.000]  Number one, there's no authority in the Constitution allowing any of those departments or offices to redelegate that power to a city attorney.
[11:52.000 --> 12:03.000]  And if the legislature attempts to do so, they are in direct violation not only of the judicial provision under Article 5, Section 21,
[12:03.000 --> 12:10.000]  dealing with county and district attorneys, they are in violation of Article 2, Section 1, the Separation of Powers Clause,
[12:10.000 --> 12:21.000]  because the legislature is attempting to redelegate a judicial power that they can't exercise under the Separation of Powers.
[12:21.000 --> 12:22.000]  And guess what?
[12:22.000 --> 12:36.000]  There are no exceptions in the Texas Constitution to the Separation of Powers Clause except in allowing the attorney general to participate in cases
[12:36.000 --> 12:41.000]  where there is a constitutional challenge to a statute.
[12:41.000 --> 12:48.000]  That is the only exception to Article 2, Section 1, in the entire Texas Constitution.
[12:48.000 --> 12:59.000]  And Article 2, Section 1 says very clearly that there can be no exceptions to that provision unless they are expressly made within the body of the Constitution.
[12:59.000 --> 13:04.000]  Well, that's the only one, and that's the only time it can be done.
[13:04.000 --> 13:14.000]  Therefore, the appellate courts that are saying it's okay for a city attorney to prosecute in the name of the state are a bunch of morons.
[13:14.000 --> 13:25.000]  They should not be allowed to sit in a court in charge of anything, in case you haven't heard me say that before.
[13:25.000 --> 13:40.000]  They cannot authorize a statutory enactment to amend, alter, or abolish any provision of the Texas Constitution.
[13:40.000 --> 13:55.000]  And as far as this goes, these are the various statutes in the various codes that are in direct violation with at least two or more provisions of the Texas Constitution as they are written.
[13:55.000 --> 14:11.000]  They are Code of Criminal Procedure 27.14D, 45.018A, 45.201A, C, and D, and Government Code 30.00011.
[14:11.000 --> 14:28.000]  On top of that, you have Government Code, Sections 29.04B, 30.00049D, 41.102B and C, 531.103F, and that's under the Government Code.
[14:28.000 --> 14:46.000]  And under the Health and Safety Code, you've got 247.045D, 431.0585A, 437.015, 501.036A and C, and 502.015A.
[14:46.000 --> 15:11.000]  Under the Occupations Code, you have Section 203.502B, Section 1954.401A, Section 1.956.201A, and Section 1.958.302, and finally, Section 2302.351A.
[15:11.000 --> 15:17.000]  Under the Transportation Code, it is Section 503.092A.
[15:17.000 --> 15:32.000]  Every single one of those statutes contains one or more provisions that are in violation of no less than two or more provisions of the Texas Constitution, every one of them.
[15:32.000 --> 15:38.000]  And so, we are challenging all of them in this motion.
[15:38.000 --> 15:53.000]  Now, if the courts turn around and throw this motion out or rule against it, you now have proof positive that the courts are beyond repair and are absolutely corrupt.
[15:53.000 --> 16:09.000]  They are ignoring the Constitution to preserve statutory enactments that are in direct violation of the Constitution in order to keep a power in their own hands that they could not possibly have without it
[16:09.000 --> 16:21.000]  and to protect the revenue generated by both the state and the political subdivisions in relation to the abuses these statutes are allowing to happen.
[16:21.000 --> 16:31.000]  If you want to see an ongoing criminal enterprise under Chapter 71 of the Texas Penal Code, folks, that would be it.
[16:31.000 --> 16:46.000]  Because you have two or more people, the judges of the appellate courts, conspiring to subvert the Constitution in favor of a statute that's in violation of that Constitution for money.
[16:46.000 --> 16:49.000]  That's a criminal organization on its face.
[16:49.000 --> 16:59.000]  All right, folks, 512-646-1984. Give us a call. Get in line. I will take the callers on the other side of the break. Y'all hang on.
[17:19.000 --> 17:25.000]  Self-approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[17:25.000 --> 17:32.000]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse by verse and discuss the true gospel message.
[17:32.000 --> 17:39.000]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[17:39.000 --> 17:44.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[17:44.000 --> 17:50.000]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[17:50.000 --> 18:01.000]  So tune in to Scripture Talk live on localsradionetwork.com, Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[18:01.000 --> 18:06.000]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:06.000 --> 18:10.000]  Stop debt collectors now with the Michael Mears proven method.
[18:10.000 --> 18:15.000]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[18:15.000 --> 18:21.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[18:21.000 --> 18:25.000]  What to do when contacted by phones, mail, or court summons.
[18:25.000 --> 18:27.000]  How to answer letters and phone calls.
[18:27.000 --> 18:30.000]  How to get debt collectors out of your credit report.
[18:30.000 --> 18:34.000]  How to turn the financial tables on them and make them pay you to go away.
[18:34.000 --> 18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:50.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[18:50.000 --> 19:01.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:11.000 --> 19:40.000]  Oh yeah folks, we are definitely stepping into the twilight zone.
[19:40.000 --> 19:47.000]  What with a crooked court and everybody else doing what they're doing to undermine the rule of law and the liberty of people.
[19:47.000 --> 19:49.000]  Yeah, we're definitely in the twilight zone.
[19:49.000 --> 19:55.000]  If you can't see that, well, you've either got your head in a hole or you're just not really paying attention.
[19:55.000 --> 20:01.000]  I don't know which one to tell you to stop doing, but whichever one it is, stop doing it.
[20:01.000 --> 20:03.000]  Alright, that's it.
[20:03.000 --> 20:05.000]  We have a couple callers up on the board.
[20:05.000 --> 20:11.000]  Again, 512-646-1984 is the call-in number if you want to call in and talk.
[20:11.000 --> 20:15.000]  Let's start with our first caller, which appears to be E.J. in California.
[20:15.000 --> 20:19.000]  E.J., what can we do for you?
[20:19.000 --> 20:20.000]  Hi, Eddie.
[20:20.000 --> 20:21.000]  Hi.
[20:21.000 --> 20:27.000]  I have a question regarding default judgment.
[20:27.000 --> 20:32.000]  Okay, default judgments relative to what kind of case, civil or criminal?
[20:32.000 --> 20:34.000]  Civil.
[20:34.000 --> 20:37.000]  Okay.
[20:37.000 --> 20:44.000]  And I only ask that because there are some places where you could be convicted of a criminal act in absentia.
[20:44.000 --> 20:47.000]  So anyway, go ahead.
[20:47.000 --> 20:49.000]  What is the absentia?
[20:49.000 --> 20:53.000]  Without you being present to be tried.
[20:53.000 --> 20:57.000]  Oh.
[20:57.000 --> 20:59.000]  Okay, so I have a civil case.
[20:59.000 --> 21:08.000]  I'm suing a hospital, and I think I missed my chance to do the default.
[21:08.000 --> 21:18.000]  The hospital's counsel answered after eight days, so 38 days.
[21:18.000 --> 21:25.000]  So when I saw it, I said, oh, darn, you know, I missed my chance.
[21:25.000 --> 21:29.000]  Well, no, not necessarily unless they got an extension from the court.
[21:29.000 --> 21:37.000]  You can file an answer to their answer claiming it is outside of the deadline and that you're entitled to a default judgment.
[21:37.000 --> 21:39.000]  You can still move for a default judgment.
[21:39.000 --> 21:42.000]  How long has it been since that was done?
[21:42.000 --> 21:44.000]  Many, many months.
[21:44.000 --> 21:45.000]  I haven't done it.
[21:45.000 --> 21:50.000]  That's why now I just realized I missed my chance.
[21:50.000 --> 21:53.000]  But I'll do it anyway, even though it's been many months.
[21:53.000 --> 21:59.000]  Instead, I move for summary judgment instead of default.
[21:59.000 --> 22:00.000]  Should I do both?
[22:00.000 --> 22:02.000]  Should I just go ahead and try to do a default?
[22:02.000 --> 22:05.000]  This was in February.
[22:05.000 --> 22:06.000]  Okay.
[22:06.000 --> 22:16.000]  So February is when you should have done this or when they went too long?
[22:16.000 --> 22:22.000]  You are saying the hospital went over their allotted period of time, right?
[22:22.000 --> 22:23.000]  Correct, yes.
[22:23.000 --> 22:24.000]  Okay.
[22:24.000 --> 22:27.000]  Not you, the hospital, the one you're suing?
[22:27.000 --> 22:28.000]  Yes, correct.
[22:28.000 --> 22:29.000]  Okay.
[22:29.000 --> 22:30.000]  The hospital.
[22:30.000 --> 22:35.000]  So what has been done since that occurred?
[22:35.000 --> 22:42.000]  Have there been any other proceedings held, any other appearances made, et cetera, et cetera?
[22:42.000 --> 22:53.000]  The case management hearing was continued, and then we had a summary judgment two weeks ago.
[22:53.000 --> 22:57.000]  That's continued until this Wednesday.
[22:57.000 --> 23:02.000]  So they had an opposition.
[23:02.000 --> 23:04.000]  Who moved for summary judgment?
[23:04.000 --> 23:08.000]  I did.
[23:08.000 --> 23:13.000]  And in your summary judgment, did you stipulate that their answer was eight days overdue
[23:13.000 --> 23:17.000]  and there was no extension granted by the court for it to be overdue?
[23:17.000 --> 23:18.000]  Yes, Eddie.
[23:18.000 --> 23:19.000]  I did.
[23:19.000 --> 23:20.000]  I will send that to you.
[23:20.000 --> 23:21.000]  Okay.
[23:21.000 --> 23:23.000]  Then why are you saying you missed your opportunity?
[23:23.000 --> 23:26.000]  It sounds like you covered yourself if they went over their time,
[23:26.000 --> 23:30.000]  and you asked for summary judgment because they went over their time,
[23:30.000 --> 23:34.000]  and the court set that for a hearing but then had to reset the hearing.
[23:34.000 --> 23:39.000]  It sounds like you've got it covered.
[23:39.000 --> 23:46.000]  My confusion over the weekend was, you know, I think the liars like to confuse.
[23:46.000 --> 23:48.000]  You know, they're all about confusion.
[23:48.000 --> 23:52.000]  So last Wednesday...
[23:52.000 --> 23:55.000]  Well, which liars are we referring to here?
[23:55.000 --> 23:59.000]  The Scheisters of the hospital, the Scheisters.
[23:59.000 --> 24:01.000]  Okay, the hospital's lawyers.
[24:01.000 --> 24:02.000]  Yes.
[24:02.000 --> 24:03.000]  Okay.
[24:03.000 --> 24:09.000]  So what are they saying that you're not agreeing with?
[24:09.000 --> 24:18.000]  Okay, so they said, well, I had every opportunity to default them, but I didn't do that.
[24:18.000 --> 24:21.000]  Instead, I moved for summary judgment.
[24:21.000 --> 24:24.000]  So I'm like, what?
[24:24.000 --> 24:27.000]  Because I thought since they...
[24:27.000 --> 24:29.000]  Well, they are two different things.
[24:29.000 --> 24:30.000]  Don't get me wrong.
[24:30.000 --> 24:32.000]  They are two very different things.
[24:32.000 --> 24:39.000]  A default is what you ask for when they fail to comply with a deadline they're required to comply with.
[24:39.000 --> 24:44.000]  A summary judgment is when you're saying that they don't have a leg to stand on in their rebuttal of your claim,
[24:44.000 --> 24:48.000]  and you deserve whatever you're asking for.
[24:48.000 --> 24:50.000]  Right.
[24:50.000 --> 24:53.000]  It would have been better for a default, but...
[24:53.000 --> 24:55.000]  It absolutely would have.
[24:55.000 --> 25:03.000]  Yeah. It's too late, right, because within the 10-day period, I could have defaulted them, but I couldn't.
[25:03.000 --> 25:11.000]  Well, is there a rule that says you only have 10 days to file for a default judgment if they go beyond the deadline?
[25:11.000 --> 25:12.000]  Yes.
[25:12.000 --> 25:20.000]  Is there a rule of civil procedure or a case or anything like that that says they have to do that or a statute even that says they have to do that?
[25:20.000 --> 25:24.000]  It's a rule of civil procedure.
[25:24.000 --> 25:26.000]  California CCP.
[25:26.000 --> 25:31.000]  Within 10 days, I only have about 10 days to default them.
[25:31.000 --> 25:34.000]  And I missed my vote because I thought they already answered.
[25:34.000 --> 25:36.000]  So I'm like, oh, shoot, they already answered.
[25:36.000 --> 25:38.000]  So I'll just move for summary judgment.
[25:38.000 --> 25:41.000]  Well, have they answered?
[25:41.000 --> 25:42.000]  Yes, they did.
[25:42.000 --> 25:47.000]  Because first you said they did, and now you're making it sound like you're not sure if they did.
[25:47.000 --> 25:49.000]  Oh, no, they answered.
[25:49.000 --> 25:51.000]  They answered on the 38th day.
[25:51.000 --> 25:52.000]  Okay.
[25:52.000 --> 25:54.000]  Yes.
[25:54.000 --> 25:55.000]  All right.
[25:55.000 --> 25:58.000]  But you were playing checkers with them and not chess, right?
[25:58.000 --> 26:02.000]  So you didn't have, you weren't thinking three moves ahead.
[26:02.000 --> 26:04.000]  That's exactly correct.
[26:04.000 --> 26:05.000]  Yes.
[26:05.000 --> 26:06.000]  Okay.
[26:06.000 --> 26:10.000]  But I have another opportunity where there's a second defendant.
[26:10.000 --> 26:18.000]  I've already served him on the 5th of this month.
[26:18.000 --> 26:26.000]  So I'm getting ready, if on the 6th, if I don't see an answer, I will default him.
[26:26.000 --> 26:27.000]  Okay.
[26:27.000 --> 26:29.000]  So I have to get ready.
[26:29.000 --> 26:32.000]  I'm sure he'll, he should reply.
[26:32.000 --> 26:35.000]  But I just have to get ready.
[26:35.000 --> 26:40.000]  And for moving for summary judgment, it's a totally different judgment.
[26:40.000 --> 26:44.000]  It's not a default like you were saying, you're clarifying.
[26:44.000 --> 26:55.000]  So I did in my summary judgment claim that they passed the 30 days.
[26:55.000 --> 27:01.000]  By law, they're supposed to answer within the 30 days.
[27:01.000 --> 27:06.000]  So I moved for summary judgment.
[27:06.000 --> 27:07.000]  Okay.
[27:07.000 --> 27:08.000]  Basically.
[27:08.000 --> 27:11.000]  But what do the rules of procedure say you're required to move for?
[27:11.000 --> 27:20.000]  Summary judgment or default judgment?
[27:20.000 --> 27:29.000]  Do the rules say that you could do either at that point or do they say you only have the option of doing one?
[27:29.000 --> 27:35.000]  Well, okay, for, I can do, I can do both.
[27:35.000 --> 27:39.000]  But I guess I didn't read it correctly on the default.
[27:39.000 --> 27:46.000]  I still could have defaulted them, even though they answered on the 38th day, I believe.
[27:46.000 --> 27:47.000]  I wasn't too sure.
[27:47.000 --> 27:49.000]  Yeah, you could have defaulted them.
[27:49.000 --> 27:59.000]  But the question here is, is default the only thing you could have asked for or could you also have just asked for summary judgment?
[27:59.000 --> 28:02.000]  Yeah, I could still ask for summary judgment.
[28:02.000 --> 28:06.000]  And I just went ahead and did the summary judgment instead.
[28:06.000 --> 28:09.000]  So...
[28:09.000 --> 28:11.000]  Okay.
[28:11.000 --> 28:19.000]  Again, are you sure that's what the rules of civil procedure say?
[28:19.000 --> 28:20.000]  Am I sure?
[28:20.000 --> 28:28.000]  Are you going on the premise that you should have a right to do it or do you know for a fact the rules of civil procedure in your state say you can do it?
[28:28.000 --> 28:37.000]  Yes, I can. I can do the summary judgment if there's no material fact.
[28:37.000 --> 28:44.000]  And if they fail to answer, the allegation is that they did not present any rebuttal to the material facts.
[28:44.000 --> 28:45.000]  Correct.
[28:45.000 --> 28:46.000]  Okay.
[28:46.000 --> 28:58.000]  But the attorney is actually saying that she is a knowledgeable firsthand witness.
[28:58.000 --> 28:59.000]  Not witness, I'm sorry.
[28:59.000 --> 29:04.000]  She has firsthand knowledge and she can attest to it if she...
[29:04.000 --> 29:05.000]  No, she can't.
[29:05.000 --> 29:06.000]  She's the attorney.
[29:06.000 --> 29:08.000]  She can't testify to anything.
[29:08.000 --> 29:10.000]  Testify to anything.
[29:10.000 --> 29:11.000]  That's right.
[29:11.000 --> 29:22.000]  The attorney that is acting as counsel in a case cannot testify to any fact of anything ever.
[29:22.000 --> 29:23.000]  Yeah.
[29:23.000 --> 29:24.000]  She wasn't...
[29:24.000 --> 29:26.000]  There's no material fact that they can back up.
[29:26.000 --> 29:31.000]  They're saying they have all these evidence.
[29:31.000 --> 29:34.000]  Since I moved for summary judgment, I kind of triggered...
[29:34.000 --> 29:39.000]  Oh, the music's on.
[29:39.000 --> 29:41.000]  I don't always hear it when it cuts on, but hang on just a second.
[29:41.000 --> 29:45.000]  Let me take this break and we'll come back and let you finish it up, okay?
[29:45.000 --> 29:46.000]  Okay.
[29:46.000 --> 29:47.000]  All right, folks.
[29:47.000 --> 29:50.000]  Call in number 512-646-1984.
[29:50.000 --> 29:51.000]  Give us a call.
[29:51.000 --> 29:52.000]  Get in line.
[29:52.000 --> 29:53.000]  Let's talk.
[29:53.000 --> 29:54.000]  I've only got two, three...
[29:54.000 --> 29:59.000]  Well, actually, I got four callers up on the board, but I could always use more because this is a two-hour show.
[29:59.000 --> 30:02.000]  All right, y'all hang on.
[30:02.000 --> 30:09.000]  Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol limit.
[30:09.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government cover-up in a moment.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:41.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:45.000]  Start over with Startpage.
[30:45.000 --> 30:47.000]  Ever hear the term fine farming?
[30:47.000 --> 30:54.000]  It's when cops fine innocent people to bring in revenue, and it's apparently big business in the Sunshine State of Florida.
[30:54.000 --> 31:00.000]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[31:00.000 --> 31:04.000]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.000 --> 31:08.000]  State officials knew about it for two and a half years, but did nothing.
[31:08.000 --> 31:14.000]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:14.000 --> 31:22.000]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed, perhaps Florida drivers can breathe a bit easier.
[31:22.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.000 --> 31:49.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow first responders are dying.
[31:49.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correction officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:13.000]  In today's America, we live in an us-against-them society, and if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:20.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:25.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[33:25.000 --> 33:29.000]  All the way to hell
[33:29.000 --> 33:57.000]  Don't stop me
[33:57.000 --> 34:01.000]  Living easy, living free
[34:01.000 --> 34:05.000]  Even take a long long way right
[34:05.000 --> 34:09.000]  Asking nothing, leave me be
[34:09.000 --> 34:13.000]  Take your love and kill me in my stride
[34:13.000 --> 34:18.000]  Don't need reason, don't need right
[34:18.000 --> 34:20.000]  There's nothing I'd rather do
[34:20.000 --> 34:29.000]  All right, folks, we are back. This is Rule of Law Radio calling number 512-646-1984.
[34:29.000 --> 34:36.000]  All right, now we are still talking to EJ in California. All right, EJ, please go ahead.
[34:36.000 --> 34:45.000]  Okay, so yeah, I thought since they answered within the 10 days, I wasn't able to default.
[34:45.000 --> 34:52.000]  So that, you clarified, I could have done that and I should have done it that way.
[34:52.000 --> 34:59.000]  But now I have another opportunity to default the second defendant if he doesn't, so I have to get ready.
[34:59.000 --> 35:08.000]  I never defaulted, so I have to read the CCP rules in doing that.
[35:08.000 --> 35:23.000]  I think you just go to the clerk's office, right, and let them know that served on this day, it's after 30 days, and there is a form that you fill out.
[35:23.000 --> 35:30.000]  If they've already got a form made up for you, then you don't have to write a separate motion, I don't think. So just go check with them and find out.
[35:30.000 --> 35:42.000]  Okay, sounds good. The summary judgment is a whole different animal. With the summary judgment, it's said in the rules that May,
[35:42.000 --> 35:56.000]  it said May after 60 days that I can move for summary judgment. I put a summary judgment after 8 days after they answered.
[35:56.000 --> 36:02.000]  So I'm striking their answer. I haven't done it yet, but I'm striking it tomorrow before summary judgment.
[36:02.000 --> 36:14.000]  I know it's a little bit late, but at least I'm doing these steps. Any other things that you recommend, if you were me?
[36:14.000 --> 36:23.000]  Yeah, keep a closer watch on what the timelines are. And if you don't have one, get you a big blotter calendar.
[36:23.000 --> 36:30.000]  And you write out every step you've got to do on that thing in handwritten notes or whatever.
[36:30.000 --> 36:35.000]  Get you a task minder on your computer that will pop it up and tell you whatever it takes.
[36:35.000 --> 36:45.000]  But you need to keep a specific running total of days, calendar days versus business days, blah, blah, blah, and keep everything marked out.
[36:45.000 --> 36:52.000]  I can ask for a default judgment on this day. I can ask for summary judgment on this day, et cetera, et cetera.
[36:52.000 --> 36:57.000]  And keep all that stuff mapped out whenever you're doing this kind of stuff.
[36:57.000 --> 36:59.000]  What kind of calendar?
[36:59.000 --> 37:08.000]  You know, the kind you used to have on your desk that had the big square calendar that had the big square blocks with the date in it, and you could write notes in the block?
[37:08.000 --> 37:09.000]  Yes.
[37:09.000 --> 37:17.000]  Yeah, and they call them blotter calendars because they're desk blotters. But they can also be hung up on the wall.
[37:17.000 --> 37:22.000]  Okay, I can get that.
[37:22.000 --> 37:26.000]  And that will give you something visually to keep track of whatever you're doing in a lawsuit.
[37:26.000 --> 37:43.000]  And then your other option is to use something like a calendaring and scheduling tool like Outlook has built into it in Microsoft Office or Windows Task Manager or something of that effect or Google Calendar even.
[37:43.000 --> 37:53.000]  Put it up on Google Calendar and keep your Google open all the time because you can get Google Calendar to pop up and give you alerts about this stuff.
[37:53.000 --> 37:59.000]  Okay.
[37:59.000 --> 38:07.000]  I missed my vote for the default, but I can still move for summary judgment because it passed the 30 days.
[38:07.000 --> 38:19.000]  This is a totally different animal because it asks for evidence, but the attorney is saying that she has firsthand knowledge.
[38:19.000 --> 38:23.000]  The attorney, it doesn't matter if the attorney's got firsthand anything.
[38:23.000 --> 38:32.000]  The legal counsel cannot testify or act as a witness about anything ever.
[38:32.000 --> 38:33.000]  Ever.
[38:33.000 --> 38:46.000]  But then why would she put a declaration as an evidence saying that she can testify in open court?
[38:46.000 --> 38:50.000]  No, she can't.
[38:50.000 --> 39:00.000]  The legal counsel for the other party cannot testify to any fact of anything, not without first resigning as counsel.
[39:00.000 --> 39:02.000]  Okay.
[39:02.000 --> 39:17.000]  So since the summary judgment is coming up this Wednesday, I will move for the summary judgment to the fact that there are no firsthand witnesses at all.
[39:17.000 --> 39:25.000]  Well, you need to move to strike her motion or whatever it is she filed saying that she could testify.
[39:25.000 --> 39:34.000]  Now, make sure you find your case law that says the counsel for the parties cannot testify to the facts of the case, ever.
[39:34.000 --> 39:36.000]  There is case law on that.
[39:36.000 --> 39:44.000]  You need to make sure that your motion has it in there because she doesn't have a leg to stand on when the courts are saying no, you don't.
[39:44.000 --> 39:56.000]  You can't assert it as a statement of law from your own mouth. You need to use the court's words to say why she can't do anything she's talking about in that document.
[39:56.000 --> 39:59.000]  Okay.
[39:59.000 --> 40:06.000]  I did reply to the declaration. It was just a declaration saying that she can testify in open court.
[40:06.000 --> 40:09.000]  She said she has personal knowledge.
[40:09.000 --> 40:11.000]  She cannot testify.
[40:11.000 --> 40:16.000]  The legal counsel cannot testify.
[40:16.000 --> 40:23.000]  So you need to back that up with case law so that nobody can argue with you and then use it.
[40:23.000 --> 40:25.000]  The case law exists, okay?
[40:25.000 --> 40:27.000]  Believe me, it exists.
[40:27.000 --> 40:28.000]  Okay.
[40:28.000 --> 40:37.000]  But now you can either get U.S. Supreme Court case law, which is good everywhere, or you need to find something specific to California, either a federal circuit
[40:37.000 --> 40:47.000]  or one of the state circuit courts that is over the area you're in or one of the appellate courts that's over the area you're in.
[40:47.000 --> 40:57.000]  I don't know what the individual court hierarchy is in California, so I don't know what you call your individual courts versus what we call them here.
[40:57.000 --> 41:07.000]  So whatever it is, find one of them that can make precedent and set the precedent, and the higher up you go, the better.
[41:07.000 --> 41:15.000]  Like if you have the state Supreme Court saying, no, you can't, use that case over an appellate court case.
[41:15.000 --> 41:29.000]  Okay. To strike her, it was just a declaration.
[41:29.000 --> 41:31.000]  It doesn't matter what it is.
[41:31.000 --> 41:37.000]  She's making a claim for which she should be sanctioned because she should know better.
[41:37.000 --> 41:41.000]  And what you need to do is let the court that you know that she should know better.
[41:41.000 --> 41:47.000]  And you think the court should be willing to do something about it.
[41:47.000 --> 41:53.000]  And the court above you said you better do something about it.
[41:53.000 --> 42:03.000]  Okay. Okay. So I need to strike her, and there's one more thing that is evidence.
[42:03.000 --> 42:15.000]  It was an IT professional just saying that the incident report is an actual report.
[42:15.000 --> 42:18.000]  It's just, yeah, but there's no oath.
[42:18.000 --> 42:21.000]  There's no under penalty of perjury.
[42:21.000 --> 42:23.000]  It's just writing. That's it.
[42:23.000 --> 42:25.000]  He's saying that this is a true statement.
[42:25.000 --> 42:29.000]  Who's testifying to what that document is under oath?
[42:29.000 --> 42:31.000]  And did that person produce it?
[42:31.000 --> 42:35.000]  Did that person enter the data that made it, et cetera, et cetera?
[42:35.000 --> 42:41.000]  If they got it out of a computer and that's all they got was the information out of a computer,
[42:41.000 --> 42:43.000]  that constitutes hearsay.
[42:43.000 --> 42:47.000]  And they cannot testify to it because they don't know who entered that data.
[42:47.000 --> 42:50.000]  They don't know how I got there.
[42:50.000 --> 42:54.000]  Gotcha. It is hearsay, exactly.
[42:54.000 --> 42:59.000]  Okay. All right.
[42:59.000 --> 43:04.000]  So I do have the summary judgment coming up this Wednesday at 10 a.m.
[43:04.000 --> 43:07.000]  If you have time, it says Zoom.
[43:07.000 --> 43:08.000]  I'm going to be there in person.
[43:08.000 --> 43:12.000]  I'm sure the liars are going to be there in person as well.
[43:12.000 --> 43:18.000]  But, yeah, I just I missed my chance with the default.
[43:18.000 --> 43:24.000]  I could have done that, and I'm too green, so I had no idea.
[43:24.000 --> 43:26.000]  Okay. Green is not too bad.
[43:26.000 --> 43:31.000]  It'll make you a bit more bendy than it would be if you're all dried up and hard already, see?
[43:31.000 --> 43:38.000]  Yeah. I mean, if it's coming up.
[43:38.000 --> 43:40.000]  I have one more question before we go.
[43:40.000 --> 43:41.000]  Okay.
[43:41.000 --> 43:44.000]  Okay. I got to take the next caller after this break.
[43:44.000 --> 43:48.000]  So whatever we do when we get back, we've got to do quick, okay?
[43:48.000 --> 43:49.000]  All right. Thanks.
[43:49.000 --> 43:50.000]  All right.
[43:50.000 --> 43:53.000]  All right, folks, 512-646-1984.
[43:53.000 --> 43:55.000]  Callers, please stay on the board.
[43:55.000 --> 43:56.000]  Do not drop off.
[43:56.000 --> 43:58.000]  I promise I will do my best to get to everybody.
[43:58.000 --> 44:27.000]  We'll be right back.
[44:28.000 --> 44:53.000]  Thank you.
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[46:56.000 --> 47:11.000]  All right, folks, we are back.
[47:11.000 --> 47:18.000]  This is the Monday Night Rule of Law Radio Show with your host, Eddie Craig, calling number 512-646-1984.
[47:18.000 --> 47:21.000]  E.J., I can give you two minutes and two minutes only.
[47:21.000 --> 47:23.000]  Let's wrap it up.
[47:23.000 --> 47:39.000]  Okay, so writ of mandamus, if there's a ruling to deny my summary judgment, can I say to the judge that I will appeal petition for writ of mandamus?
[47:39.000 --> 47:41.000]  Don't say it, just do it.
[47:41.000 --> 47:49.000]  Now, whether or not you're allowed to do it, are you asking that the higher court tell that judge to apply the law to the facts and follow proper procedure?
[47:49.000 --> 47:52.000]  What are you writing the mandamus for?
[47:52.000 --> 47:53.000]  Yes, exactly.
[47:53.000 --> 47:54.000]  Okay.
[47:54.000 --> 48:03.000]  Then yes, as long as that's the allowable next step under the rules of civil procedure.
[48:03.000 --> 48:04.000]  Okay.
[48:04.000 --> 48:05.000]  Okay.
[48:05.000 --> 48:20.000]  So if you expect you may have to do that, write it now and leave just enough emptiness in it for you to fill in the blanks of why the judge failed to do what he was supposed to do or how he failed to do what he was supposed to do.
[48:20.000 --> 48:27.000]  Because the judge needs to do a findings, facts, and conclusions of the law, right?
[48:27.000 --> 48:29.000]  It's not mandatory that they do that.
[48:29.000 --> 48:34.000]  You can request that they do that, but it's not mandatory.
[48:34.000 --> 48:38.000]  So if you want that, you need to move the court to produce it.
[48:38.000 --> 48:39.000]  Okay, sounds good.
[48:39.000 --> 48:40.000]  All right.
[48:40.000 --> 48:41.000]  Thanks, Eddie.
[48:41.000 --> 48:42.000]  You're welcome.
[48:42.000 --> 48:43.000]  You have a good night.
[48:43.000 --> 48:44.000]  Thanks for calling.
[48:44.000 --> 48:45.000]  All right.
[48:45.000 --> 48:47.000]  We have a new first-time caller on the board.
[48:47.000 --> 48:49.000]  This is Cannon in Tennessee.
[48:49.000 --> 48:51.000]  Cannon, what can we do for you?
[48:51.000 --> 48:52.000]  Yes, sir.
[48:52.000 --> 49:02.000]  I'm new to law, and I've recently received a DUI for the other day.
[49:02.000 --> 49:03.000]  Okay.
[49:03.000 --> 49:05.000]  And I hadn't had a drink.
[49:05.000 --> 49:12.000]  No, actually, I had two drinks about four hours to the arrest.
[49:12.000 --> 49:14.000]  I was swerving in the middle of...
[49:14.000 --> 49:16.000]  Four hours prior to the arrest?
[49:16.000 --> 49:17.000]  Oh, yes.
[49:17.000 --> 49:19.000]  I was completely sober.
[49:19.000 --> 49:22.000]  I was swerving a little bit on an abandoned road.
[49:22.000 --> 49:23.000]  Not really swerving.
[49:23.000 --> 49:26.000]  I wasn't sure if I was swerving, but I was in the middle of the road a little bit.
[49:26.000 --> 49:27.000]  It was an abandoned road.
[49:27.000 --> 49:33.000]  And he pulled me over, asked me if I had anything to drink.
[49:33.000 --> 49:35.000]  What did you say?
[49:35.000 --> 49:41.000]  I stupidly said about four hours ago I had two beers eaten dinner.
[49:41.000 --> 49:42.000]  Okay.
[49:42.000 --> 49:43.000]  Well, okay.
[49:43.000 --> 49:47.000]  Well, first off, just so you know, I agree with you.
[49:47.000 --> 49:48.000]  Okay?
[49:48.000 --> 49:49.000]  That was a stupid thing to say.
[49:49.000 --> 49:51.000]  It's none of the cops' business.
[49:51.000 --> 49:53.000]  You do not have to answer their questions.
[49:53.000 --> 49:57.000]  Let me give you a little bit of Eddie 101 when it comes to talking to the cops.
[49:57.000 --> 50:00.000]  Rule number one, shut up.
[50:00.000 --> 50:04.000]  Rule number two, shut up some more.
[50:04.000 --> 50:12.000]  Rule number three, when you have fully done rule one and rule two, shut the hell up some more.
[50:12.000 --> 50:16.000]  Yeah, I've recently been told.
[50:16.000 --> 50:17.000]  Yeah.
[50:17.000 --> 50:18.000]  That's the rule of talking to the cops.
[50:18.000 --> 50:19.000]  Always.
[50:19.000 --> 50:20.000]  No exceptions.
[50:20.000 --> 50:22.000]  Does not matter the circumstances.
[50:22.000 --> 50:25.000]  Do not answer questions.
[50:25.000 --> 50:26.000]  Okay?
[50:26.000 --> 50:27.000]  Everyone.
[50:27.000 --> 50:28.000]  Appreciate that.
[50:28.000 --> 50:30.000]  It's none of their business.
[50:30.000 --> 50:33.000]  If he's going to do what he's going to do, which obviously he did, right?
[50:33.000 --> 50:39.000]  He charged you with DUI, which is what his goal was from the moment he pulled you over.
[50:39.000 --> 50:46.000]  So what good did it do you to answer his questions other than to put a tick mark in the box against you?
[50:46.000 --> 50:48.000]  Not a dang thing.
[50:48.000 --> 50:49.000]  There you go.
[50:49.000 --> 50:51.000]  So much for being new to law.
[50:51.000 --> 50:53.000]  Right.
[50:53.000 --> 50:54.000]  All right.
[50:54.000 --> 50:55.000]  Go ahead.
[50:55.000 --> 51:02.000]  The main problem was I was completely sober, you know, four hours since I've had anything, right?
[51:02.000 --> 51:03.000]  Okay.
[51:03.000 --> 51:04.000]  Next question then.
[51:04.000 --> 51:06.000]  You were completely sober.
[51:06.000 --> 51:12.000]  Did you allow them to conduct veal sobriety tests and you participate?
[51:12.000 --> 51:15.000]  Yes.
[51:15.000 --> 51:17.000]  Problem number two.
[51:17.000 --> 51:22.000]  Veal sobriety tests are 100% subjective.
[51:22.000 --> 51:25.000]  The cop gets to decide whether you pass or fail.
[51:25.000 --> 51:28.000]  It doesn't matter whether you passed or failed.
[51:28.000 --> 51:29.000]  Okay?
[51:29.000 --> 51:33.000]  They're 100% subjective.
[51:33.000 --> 51:37.000]  You never, ever participate in their roadside Olympics.
[51:37.000 --> 51:41.000]  You just don't do it.
[51:41.000 --> 51:42.000]  Oh, yeah.
[51:42.000 --> 51:43.000]  I found that out the hard way.
[51:43.000 --> 51:47.000]  I thought I aced the test, and he's sitting there.
[51:47.000 --> 51:54.000]  I started a second before he wanted me to start, and he says I was a tiny bit wobbly, and that's all they did.
[51:54.000 --> 51:57.000]  No breathalyzer, no nothing, and then off to death.
[51:57.000 --> 51:58.000]  And they have no evidence.
[51:58.000 --> 52:04.000]  If they never took a breathalyzer and they never took blood, they have no evidence of DUI.
[52:04.000 --> 52:09.000]  All they have is the cop's subjective opinion about whether or not you passed or failed the sobriety test.
[52:09.000 --> 52:11.000]  Now, I will say this.
[52:11.000 --> 52:15.000]  If you go into court without a lawyer, you're going to get creamed, right or wrong.
[52:15.000 --> 52:19.000]  You're going to get creamed.
[52:19.000 --> 52:21.000]  Okay?
[52:21.000 --> 52:30.000]  Now, the reason for that is, is you do not know nearly enough about what the actual police procedures are in conducting a DUI stop.
[52:30.000 --> 52:32.000]  You don't know what rules and regulations apply.
[52:32.000 --> 52:39.000]  You don't know what they are supposed to do to calibrate their equipment, how they're supposed to calibrate their equipment, which tests are required to conduct,
[52:39.000 --> 52:48.000]  how many of them for how long, and exactly what the entire dimension of possibilities are for why those tests could be flunked.
[52:48.000 --> 52:55.000]  For instance, you do know there are medical conditions that can cause the eye and the stigmas that they test for, right?
[52:55.000 --> 52:56.000]  Right.
[52:56.000 --> 52:57.000]  Okay.
[52:57.000 --> 52:58.000]  Do you know whether or not you have it?
[52:58.000 --> 53:01.000]  Have you ever been tested for it?
[53:01.000 --> 53:02.000]  No.
[53:02.000 --> 53:03.000]  Okay.
[53:03.000 --> 53:11.000]  But I do have conditions with my feet, making it kind of hard for me to stand up straight and walk straight.
[53:11.000 --> 53:12.000]  Say that again.
[53:12.000 --> 53:19.000]  Well, I mean, you could have an old football injury, an old hiking injury that you got bad ankles, et cetera, et cetera.
[53:19.000 --> 53:21.000]  It could be any number of reasons why.
[53:21.000 --> 53:25.000]  You could have an inner ear problem that throws off your balance.
[53:25.000 --> 53:32.000]  You could have sinus troubles that throw off your inner ear and thus throw off your balance, et cetera, et cetera.
[53:32.000 --> 53:36.000]  There's a million different ways to approach this in court.
[53:36.000 --> 53:40.000]  How many of them do you actually know and how many of them can you actually use?
[53:40.000 --> 53:44.000]  I do have a condition with my legs.
[53:44.000 --> 53:50.000]  One leg is significantly shorter, maybe about a few inches.
[53:50.000 --> 53:52.000]  Inches or centimeters?
[53:52.000 --> 53:53.000]  Inches.
[53:53.000 --> 53:56.000]  Because inches is quite a list.
[53:56.000 --> 54:02.000]  About like an inch and a half probably, more like it.
[54:02.000 --> 54:12.000]  Another thing is I did take the blood test. They said if I didn't take the blood test, they could revoke my license for a year.
[54:12.000 --> 54:14.000]  What did the blood test return?
[54:14.000 --> 54:15.000]  It hasn't came back yet.
[54:15.000 --> 54:18.000]  This happened two days ago.
[54:18.000 --> 54:20.000]  Okay.
[54:20.000 --> 54:22.000]  I'm worried about it though.
[54:22.000 --> 54:26.000]  The thing about it is if it turns out that your blood was cleaned, and who took the test?
[54:26.000 --> 54:30.000]  Did they take it or did you go somewhere and have it done yourself?
[54:30.000 --> 54:32.000]  EMT took it.
[54:32.000 --> 54:34.000]  They had an EMT brought in.
[54:34.000 --> 54:38.000]  I was in custody.
[54:38.000 --> 54:42.000]  Okay.
[54:42.000 --> 54:47.000]  You definitely need to get yourself a DUI specialist attorney for this, okay?
[54:47.000 --> 54:51.000]  This being your first rodeo, this is not the one you want to lose.
[54:51.000 --> 54:54.000]  Right.
[54:54.000 --> 55:02.000]  I don't know how Miranda Rites work in Tennessee or if they even work anymore, but I never got those either.
[55:02.000 --> 55:11.000]  Well, again, if you were following Rule 1, 2, and 3, the Miranda Rites would be irrelevant.
[55:11.000 --> 55:13.000]  Yeah, I figure so.
[55:13.000 --> 55:14.000]  Okay.
[55:14.000 --> 55:21.000]  And then if you had also not participated in the Roadside Olympics, they would still be irrelevant.
[55:21.000 --> 55:23.000]  See, that's the thing.
[55:23.000 --> 55:29.000]  Your Miranda Rites apply to those tests just as much as they do to answering questions.
[55:29.000 --> 55:33.000]  You realize that, right?
[55:33.000 --> 55:35.000]  Do what, sir?
[55:35.000 --> 55:44.000]  I said you do realize your Miranda Rites protect you from having to take those tests just as much as they protect you from having to answer their questions, right?
[55:44.000 --> 55:47.000]  I did not know that.
[55:47.000 --> 55:53.000]  You cannot be compelled to provide evidence against yourself, okay?
[55:53.000 --> 55:56.000]  Right.
[55:56.000 --> 55:59.000]  See, they did keep me overnight.
[55:59.000 --> 56:02.000]  I had to have a minimum of a-
[56:02.000 --> 56:05.000]  When did they take the blood draw?
[56:05.000 --> 56:10.000]  Probably about at 2 a.m. in the morning, probably about 7 hours after the-
[56:10.000 --> 56:13.000]  How long after you were arrested?
[56:13.000 --> 56:15.000]  One hour.
[56:15.000 --> 56:16.000]  Okay.
[56:16.000 --> 56:23.000]  So if it had really been four hours at least since you'd had those two drinks, were they hard liquor or just beer or wine?
[56:23.000 --> 56:25.000]  Beer.
[56:25.000 --> 56:26.000]  Okay.
[56:26.000 --> 56:28.000]  And how much do you weigh?
[56:28.000 --> 56:30.000]  About 240.
[56:30.000 --> 56:32.000]  And how long does it take you to get drunk?
[56:32.000 --> 56:34.000]  How many beers?
[56:34.000 --> 56:39.000]  A few probably.
[56:39.000 --> 56:51.000]  Because I got a friend in Austin that he can have one sip of one beer and he weighs about, I don't know, 160, 170 maybe, and he is under the table from that one sip of one beer.
[56:51.000 --> 56:52.000]  Really?
[56:52.000 --> 56:53.000]  Really.
[56:53.000 --> 56:58.000]  I've given him food that had spiced rum in it that had cooked in the food.
[56:58.000 --> 57:02.000]  There was no alcohol left to inebriate him.
[57:02.000 --> 57:05.000]  And eating dinner made him pass out.
[57:05.000 --> 57:06.000]  Okay.
[57:06.000 --> 57:10.000]  So that's why I ask, how many does it take to get you drunk?
[57:10.000 --> 57:22.000]  If it takes a few and you're positive of this and you're not embellishing, then two beers four hours ago shouldn't have had anything in your bloodstream that the blood test could hit you with.
[57:22.000 --> 57:24.000]  That's what I was thinking.
[57:24.000 --> 57:28.000]  Now, do not answer this question on the air.
[57:28.000 --> 57:30.000]  Think about it to yourself.
[57:30.000 --> 57:36.000]  But my question is, is there anything else your blood test could come back and show?
[57:36.000 --> 57:38.000]  Do not answer that.
[57:38.000 --> 57:41.000]  Just think about that.
[57:41.000 --> 57:42.000]  Okay?
[57:42.000 --> 57:50.000]  Because that, if there's anything else, that could very well still be in your bloodstream despite the lack of alcohol.
[57:50.000 --> 57:54.000]  And if they test for it and find it, that could be used against you as well.
[57:54.000 --> 57:56.000]  It's still under the influence.
[57:56.000 --> 57:57.000]  Capiche?
[57:57.000 --> 57:59.000]  Capiche.
[57:59.000 --> 58:00.000]  All right.
[58:00.000 --> 58:10.000]  This is why you need somebody that knows how to read that blood test and how to use that blood test to prove that it was a bad arrest.
[58:10.000 --> 58:11.000]  Okay?
[58:11.000 --> 58:13.000]  Okay.
[58:13.000 --> 58:16.000]  And they can use your medical condition to prove the same thing.
[58:16.000 --> 58:19.000]  He's got mismatched leg lengths, Your Honor.
[58:19.000 --> 58:28.000]  There's no way he could have walked a straight line on a given day, much less, you know, at night or whatever this was.
[58:28.000 --> 58:29.000]  All right.
[58:29.000 --> 58:30.000]  Hang on.
[58:30.000 --> 58:31.000]  Let me take this break and then we'll pick you back up.
[58:31.000 --> 58:32.000]  Okay?
[58:32.000 --> 58:33.000]  All right.
[58:33.000 --> 58:34.000]  All right, folks.
[58:34.000 --> 58:37.000]  512-646-1984.
[58:37.000 --> 58:40.000]  We are at the top of the hour break, so we'll be back here in a couple of minutes.
[58:40.000 --> 58:41.000]  Give us a call.
[58:41.000 --> 58:42.000]  Get in line.
[58:42.000 --> 58:50.000]  Let's talk.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world.
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[59:48.000 --> 59:51.000]  That's freestudybible.com.
[59:51.000 --> 01:00:01.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.000 --> 01:00:08.000]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.000 --> 01:00:10.000]  Our liberty depends on it.
[01:00:10.000 --> 01:00:16.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.000 --> 01:00:18.000]  Privacy is under attack.
[01:00:18.000 --> 01:00:22.000]  When you give up data about yourself, you'll never get it back again.
[01:00:22.000 --> 01:00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:32.000]  Protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.000 --> 01:00:34.000]  Privacy, it's worth hanging on to.
[01:00:34.000 --> 01:00:42.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.000 --> 01:00:46.000]  Start over with Startpage.
[01:00:46.000 --> 01:00:52.000]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug.
[01:00:52.000 --> 01:00:56.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[01:00:56.000 --> 01:01:00.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[01:01:00.000 --> 01:01:04.000]  Get it? Two arms, bear hug, bear arms?
[01:01:04.000 --> 01:01:08.000]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said,
[01:01:08.000 --> 01:01:13.000]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[01:01:13.000 --> 01:01:17.000]  one more safeguard against the tyranny which now appears remote in America,
[01:01:17.000 --> 01:01:21.000]  but which historically has proved to always be possible.
[01:01:21.000 --> 01:01:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.000 --> 01:01:41.000]  You may think our brains deteriorate with age, but new research shows that as brains get older, they actually work more efficiently.
[01:01:41.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht, back with new research on how aging makes the mind sharper after this.
[01:01:47.000 --> 01:01:53.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:53.000 --> 01:01:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:58.000 --> 01:02:03.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:03.000 --> 01:02:09.000]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
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[01:02:16.000 --> 01:02:21.000]  It's a widely held notion that the older people get, the more dottering they become.
[01:02:21.000 --> 01:02:26.000]  But new research shows that even as our brains age, they can actually become more efficient.
[01:02:26.000 --> 01:02:33.000]  Scientists asked two groups of volunteers, one age 18 to 35 and the other 55 to 75,
[01:02:33.000 --> 01:02:39.000]  to associate different words with given topics. At one point, they told everyone they'd made a mistake.
[01:02:39.000 --> 01:02:43.000]  When that happened, the younger group's brains lit up and lost focus.
[01:02:43.000 --> 01:02:48.000]  But the older group's brains didn't even flinch, and they stayed focused on solving the next task.
[01:02:48.000 --> 01:02:51.000]  The moral? There's something to be said for experience.
[01:02:51.000 --> 01:03:14.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:21.000 --> 01:03:30.000]  All right, folks, we are back. This is Rule of Law Radio, calling number 512-646-1984.
[01:03:30.000 --> 01:03:35.000]  All right, we are still on with Cannon in Tennessee. All right, Cannon, let's continue.
[01:03:35.000 --> 01:03:38.000]  All right, I did have a question about what kind of records can I request
[01:03:38.000 --> 01:03:41.000]  and how can I go about getting them?
[01:03:41.000 --> 01:03:47.000]  Well, you can request pretty much anything. You can ask for the cruiser, the dash cam videos,
[01:03:47.000 --> 01:03:52.000]  the body cam audio and videos. You can ask for the CAD reports.
[01:03:52.000 --> 01:03:57.000]  You can ask for the police reports. You can ask for copies of the blood test.
[01:03:57.000 --> 01:04:00.000]  You can ask for anything and everything you want.
[01:04:00.000 --> 01:04:04.000]  The problem is whether or not they actually give them to you, okay?
[01:04:04.000 --> 01:04:08.000]  Even if they're required to give them to you, the problem is if they give them to you.
[01:04:08.000 --> 01:04:11.000]  This is one of the reasons why you want an attorney.
[01:04:11.000 --> 01:04:17.000]  An attorney that has experience in these cases knows that they have this stuff,
[01:04:17.000 --> 01:04:20.000]  and they know exactly how to go after them if they fail to produce it.
[01:04:20.000 --> 01:04:22.000]  Do you know how?
[01:04:22.000 --> 01:04:24.000]  He's not a clue.
[01:04:24.000 --> 01:04:27.000]  Okay, that's another reason why the attorney is a better option for you.
[01:04:27.000 --> 01:04:33.000]  There are times and places, traffic tickets, you know, code enforcement tickets.
[01:04:33.000 --> 01:04:37.000]  Those are the places to get your feet wet and learning how to go to court and fight.
[01:04:37.000 --> 01:04:44.000]  DUIs and other things that can send you to jail or make a mess of your life
[01:04:44.000 --> 01:04:49.000]  because they're on your record, that is not the time to learn.
[01:04:49.000 --> 01:04:53.000]  It makes sense to me.
[01:04:53.000 --> 01:04:56.000]  I hope it makes sense to everybody.
[01:04:56.000 --> 01:04:59.000]  I'm not saying there aren't people out there that could do it,
[01:04:59.000 --> 01:05:06.000]  but you better look at yourself long and hard before you decide you're one of them.
[01:05:06.000 --> 01:05:14.000]  Okay.
[01:05:14.000 --> 01:05:16.000]  And not to make it sound like I'm trying to put you down.
[01:05:16.000 --> 01:05:18.000]  That's not my point in any case.
[01:05:18.000 --> 01:05:22.000]  But just by you calling in to ask me these questions,
[01:05:22.000 --> 01:05:27.000]  that should indicate to you how you're going to fare if you go to court by yourself.
[01:05:27.000 --> 01:05:28.000]  Right.
[01:05:28.000 --> 01:05:30.000]  I never really planned to.
[01:05:30.000 --> 01:05:31.000]  Yeah.
[01:05:31.000 --> 01:05:35.000]  Your attorney will know what to ask for in all these cases, okay?
[01:05:35.000 --> 01:05:37.000]  Try to find you one that's got a decent record.
[01:05:37.000 --> 01:05:42.000]  Always look up their win-loss record and everything else.
[01:05:42.000 --> 01:05:45.000]  Never, ever take their word for it that they know what they're doing.
[01:05:45.000 --> 01:05:47.000]  Don't ever do that.
[01:05:47.000 --> 01:05:48.000]  Okay.
[01:05:48.000 --> 01:05:55.000]  In fact, most state bar agencies have a website where you can do an attorney search
[01:05:55.000 --> 01:05:58.000]  and then you can do that search by law specialty.
[01:05:58.000 --> 01:06:00.000]  What do they specialize in?
[01:06:00.000 --> 01:06:02.000]  You want the DUI guys.
[01:06:02.000 --> 01:06:06.000]  And then out of those DUI guys, you want to try to find the ones that, one,
[01:06:06.000 --> 01:06:12.000]  you can afford and, two, have the best record for what you can afford.
[01:06:12.000 --> 01:06:14.000]  Okay.
[01:06:14.000 --> 01:06:19.000]  I did have a question about on the affidavit of complaint.
[01:06:19.000 --> 01:06:22.000]  Theirs or one you're trying to make?
[01:06:22.000 --> 01:06:24.000]  What, sir?
[01:06:24.000 --> 01:06:28.000]  Their complaint or one you're trying to make against them?
[01:06:28.000 --> 01:06:29.000]  Theirs.
[01:06:29.000 --> 01:06:30.000]  Okay.
[01:06:30.000 --> 01:06:36.000]  They get, see, I had, I told the, I never told the officer what he put down.
[01:06:36.000 --> 01:06:41.000]  He said I had two beers one or two hours ago, but I had, you know,
[01:06:41.000 --> 01:06:44.000]  I told him three or four hours ago.
[01:06:44.000 --> 01:06:46.000]  Is there anything wrong with that or?
[01:06:46.000 --> 01:06:47.000]  Yeah.
[01:06:47.000 --> 01:06:52.000]  He falsified the police report, and that's what that body cam will actually show.
[01:06:52.000 --> 01:06:57.000]  His body cam, audio and video, or the dash cam, if he's wired into his dash cam
[01:06:57.000 --> 01:07:02.000]  with a microphone, which he should be, will have that audio,
[01:07:02.000 --> 01:07:06.000]  and it will prove that you told him one thing and he wrote down another.
[01:07:06.000 --> 01:07:09.000]  That right there is enough to land his ass on the Brady List
[01:07:09.000 --> 01:07:13.000]  and get his testimony thrown out if it shows that he lied on the police report
[01:07:13.000 --> 01:07:16.000]  in order to justify the arrest.
[01:07:16.000 --> 01:07:17.000]  All right.
[01:07:17.000 --> 01:07:20.000]  That's great to hear that.
[01:07:20.000 --> 01:07:28.000]  Okay, but that's also the reason why my other rule of encountering the cops is make a recording.
[01:07:28.000 --> 01:07:31.000]  Record everything, always.
[01:07:31.000 --> 01:07:35.000]  Don't ever leave your house without something that does audio and video recording,
[01:07:35.000 --> 01:07:38.000]  ever again in the rest of your life.
[01:07:38.000 --> 01:07:43.000]  We are no longer in a safe society where those who are supposed to protect us, protect us.
[01:07:43.000 --> 01:07:48.000]  They're a bigger harm and detriment to us than anybody else out there right now,
[01:07:48.000 --> 01:07:53.000]  unless you actually live in the inner city in Chicago or something.
[01:07:53.000 --> 01:07:56.000]  And then you ain't got to worry about the cops because they wouldn't be found dead
[01:07:56.000 --> 01:08:01.000]  in the neighborhood you're probably having to live in.
[01:08:01.000 --> 01:08:02.000]  All right.
[01:08:02.000 --> 01:08:06.000]  So that right there is a pretty big deal then, huh?
[01:08:06.000 --> 01:08:08.000]  It's a very big deal.
[01:08:08.000 --> 01:08:12.000]  You can never trust that their audio and video is working
[01:08:12.000 --> 01:08:15.000]  or that it doesn't get accidentally erased or lost
[01:08:15.000 --> 01:08:22.000]  and therefore isn't there to prove your case.
[01:08:22.000 --> 01:08:23.000]  All right.
[01:08:23.000 --> 01:08:25.000]  Well, that's about all I got for you right now.
[01:08:25.000 --> 01:08:26.000]  All right.
[01:08:26.000 --> 01:08:28.000]  Sometimes it's a week with more questions, sir.
[01:08:28.000 --> 01:08:29.000]  All right.
[01:08:29.000 --> 01:08:30.000]  Well, that'll be fine if you do.
[01:08:30.000 --> 01:08:32.000]  Monday nights from 8 to 10 p.m. Central Standard Time.
[01:08:32.000 --> 01:08:33.000]  Give us a call.
[01:08:33.000 --> 01:08:34.000]  Nope.
[01:08:34.000 --> 01:08:35.000]  I love your show.
[01:08:35.000 --> 01:08:36.000]  Appreciate it.
[01:08:36.000 --> 01:08:37.000]  All right.
[01:08:37.000 --> 01:08:38.000]  Thank you.
[01:08:38.000 --> 01:08:39.000]  All right.
[01:08:39.000 --> 01:08:40.000]  Bye-bye.
[01:08:40.000 --> 01:08:41.000]  Bye-bye.
[01:08:41.000 --> 01:08:42.000]  All right.
[01:08:42.000 --> 01:08:43.000]  Now, let's see.
[01:08:43.000 --> 01:08:45.000]  That's right.
[01:08:45.000 --> 01:08:48.000]  Is it Bayna or Banya in California?
[01:08:48.000 --> 01:08:49.000]  Hi, Eddie.
[01:08:49.000 --> 01:08:50.000]  It's Bina.
[01:08:50.000 --> 01:08:51.000]  Bina.
[01:08:51.000 --> 01:08:52.000]  Okay.
[01:08:52.000 --> 01:08:53.000]  Well, it's only got one E.
[01:08:53.000 --> 01:08:56.000]  So I didn't know if it was long or short.
[01:08:56.000 --> 01:08:57.000]  Yeah.
[01:08:57.000 --> 01:08:58.000]  That's fine.
[01:08:58.000 --> 01:08:59.000]  It's okay.
[01:08:59.000 --> 01:09:02.000]  Quick E for you.
[01:09:02.000 --> 01:09:11.000]  Two years ago I signed up for a trial membership or subscription rather to Wall Street Journal.
[01:09:11.000 --> 01:09:12.000]  Easy.
[01:09:12.000 --> 01:09:13.000]  No problem.
[01:09:13.000 --> 01:09:16.000]  Of course they always ask for your bank card number up front.
[01:09:16.000 --> 01:09:18.000]  Now I understand why that is.
[01:09:18.000 --> 01:09:26.000]  But I canceled the trial before the trial expired, which was a three-month deal.
[01:09:26.000 --> 01:09:27.000]  Right.
[01:09:27.000 --> 01:09:30.000]  Well, you can imagine what happened.
[01:09:30.000 --> 01:09:34.000]  They opted me in to a membership, which I found out about belatedly.
[01:09:34.000 --> 01:09:40.000]  And I've been trying now for a year and a half to get my money back from Wall Street
[01:09:40.000 --> 01:09:42.000]  Journal.
[01:09:42.000 --> 01:09:46.000]  My bank allowed these extractions even though they were not approved by me.
[01:09:46.000 --> 01:09:49.000]  I wasn't even aware of them happening.
[01:09:49.000 --> 01:09:54.000]  And I wrote a letter to my bank as well as to whoever the head person was at Wall Street
[01:09:54.000 --> 01:09:56.000]  Journal asking for my money.
[01:09:56.000 --> 01:09:58.000]  I did do some sitings.
[01:09:58.000 --> 01:10:08.000]  I've done some research to try to find federal or state laws that protect against that.
[01:10:08.000 --> 01:10:13.000]  What I found was mail fraud statutes.
[01:10:13.000 --> 01:10:19.000]  I found something that talks about honest services.
[01:10:19.000 --> 01:10:26.000]  I do have a notice of liability written up that I haven't sent in yet.
[01:10:26.000 --> 01:10:29.000]  Don't forget consumer fraud.
[01:10:29.000 --> 01:10:33.000]  Ah, okay.
[01:10:33.000 --> 01:10:39.000]  Now, that may have a different name in a particular state if you go to state court.
[01:10:39.000 --> 01:10:44.000]  But since you're going to most likely have to take action against the Wall Street Journal,
[01:10:44.000 --> 01:10:48.000]  which is not located in California, I don't think, that means you're going to have to
[01:10:48.000 --> 01:10:50.000]  file against them in federal court.
[01:10:50.000 --> 01:10:54.000]  So you need to make sure you know what it's called in federal court.
[01:10:54.000 --> 01:10:55.000]  You know what?
[01:10:55.000 --> 01:10:59.000]  That's what I was going to ask because since I'm here and they're there, I didn't know where
[01:10:59.000 --> 01:11:00.000]  that should file.
[01:11:00.000 --> 01:11:03.000]  Diversity jurisdiction, that will be federal.
[01:11:03.000 --> 01:11:05.000]  Okay.
[01:11:05.000 --> 01:11:07.000]  I saw something about general damages.
[01:11:07.000 --> 01:11:10.000]  But you can file it in a federal court in your state.
[01:11:10.000 --> 01:11:12.000]  That's easy for you.
[01:11:12.000 --> 01:11:15.000]  Oh, okay.
[01:11:15.000 --> 01:11:18.000]  You said affirmative can do, correct?
[01:11:18.000 --> 01:11:25.000]  Yes, you can file in a federal court that's local to you since you're the one making the claim.
[01:11:25.000 --> 01:11:26.000]  Understood.
[01:11:26.000 --> 01:11:28.000]  Okay.
[01:11:28.000 --> 01:11:31.000]  Is it possible to email you what I drafted up?
[01:11:31.000 --> 01:11:33.000]  I think it looks okay.
[01:11:33.000 --> 01:11:36.000]  Is it possible just to send that to you?
[01:11:36.000 --> 01:11:39.000]  What is it you're sending me?
[01:11:39.000 --> 01:11:45.000]  Basically, the tort that I prepared for them asking for my money.
[01:11:45.000 --> 01:11:51.000]  When you say a tort, are you talking about your notice of tort or are you talking about an actual tort complaint?
[01:11:51.000 --> 01:11:55.000]  It's a notice, notice of liability.
[01:11:55.000 --> 01:11:59.000]  One of those make me whole or be sued letters, giving them an opportunity.
[01:11:59.000 --> 01:12:01.000]  Right.
[01:12:01.000 --> 01:12:07.000]  I did communicate with them by phone and they make it very hard to get out of this.
[01:12:07.000 --> 01:12:09.000]  Of course they do.
[01:12:09.000 --> 01:12:15.000]  I got one question for you before and I don't mean to keep interrupting you, but I got to have a clear picture in my head before I can answer any questions you ask.
[01:12:15.000 --> 01:12:18.000]  So I just try to make sure I have a complete picture before I say something.
[01:12:18.000 --> 01:12:19.000]  Sure.
[01:12:19.000 --> 01:12:25.000]  Can you prove you canceled ahead of the three-month, end of the three-month trial period?
[01:12:25.000 --> 01:12:28.000]  I got my email to that effect, yes.
[01:12:28.000 --> 01:12:29.000]  Okay.
[01:12:29.000 --> 01:12:38.000]  And what was the process that the trial period stipulated had to be followed to cancel the trial?
[01:12:38.000 --> 01:12:39.000]  That's where it gets sticky.
[01:12:39.000 --> 01:12:46.000]  There was nothing where I signed up that made it obvious that you had to phone in or do anything extra.
[01:12:46.000 --> 01:12:49.000]  So when I went...
[01:12:49.000 --> 01:12:51.000]  Do you still have the original notice where you joined?
[01:12:51.000 --> 01:12:52.000]  I do.
[01:12:52.000 --> 01:12:53.000]  I do.
[01:12:53.000 --> 01:12:54.000]  Okay.
[01:12:54.000 --> 01:12:58.000]  Keep that with your notice to withdraw.
[01:12:58.000 --> 01:13:05.000]  Make sure you print those out in hard copy and you store them in a safe place in your email where they're not going to get lost.
[01:13:05.000 --> 01:13:06.000]  Right.
[01:13:06.000 --> 01:13:07.000]  Okay.
[01:13:07.000 --> 01:13:10.000]  So you can reprint them any time you need them.
[01:13:10.000 --> 01:13:12.000]  Mm-hmm.
[01:13:12.000 --> 01:13:19.000]  And you keep those together, those are going to be your evidence showing that you joined on this day.
[01:13:19.000 --> 01:13:27.000]  You declined within the trial period time as agreed upon by the notice, and they charged you anyway.
[01:13:27.000 --> 01:13:28.000]  Now here's the other thing.
[01:13:28.000 --> 01:13:32.000]  They used your credit card without your consent, right?
[01:13:32.000 --> 01:13:33.000]  That's correct.
[01:13:33.000 --> 01:13:37.000]  That's credit card fraud and identity theft.
[01:13:37.000 --> 01:13:40.000]  And let me tell you what else they did.
[01:13:40.000 --> 01:13:46.000]  I had to actually kill my bank cards because they wouldn't stop charging me.
[01:13:46.000 --> 01:13:53.000]  And my bank said the only way to make these charges stop was to issue me a new card.
[01:13:53.000 --> 01:13:57.000]  I'd had this card as long as I'd had my account, the number was in my head.
[01:13:57.000 --> 01:14:00.000]  That was the only way to make it stop.
[01:14:00.000 --> 01:14:01.000]  Oh, yeah.
[01:14:01.000 --> 01:14:02.000]  Lots of them are like that.
[01:14:02.000 --> 01:14:09.000]  There are lots of places where if you do that, that's the only way to make them quit even though you've canceled your membership or whatever it is they're claiming you have.
[01:14:09.000 --> 01:14:14.000]  I had a gym membership in Austin that was the exact same way.
[01:14:14.000 --> 01:14:17.000]  I joined during the trial period.
[01:14:17.000 --> 01:14:21.000]  I canceled within the trial period, and they kept charging my credit card anyway.
[01:14:21.000 --> 01:14:23.000]  Fortunately, my card's a debit card.
[01:14:23.000 --> 01:14:28.000]  All I had to do was stop putting money on it.
[01:14:28.000 --> 01:14:34.000]  Well, mine is a debit, but it's, you know, connected to my checking account, so that was it.
[01:14:34.000 --> 01:14:41.000]  Right. And it can still be used like a credit card, whereas mine has to have actual money on it to do anything with.
[01:14:41.000 --> 01:14:43.000]  Ah, I see what you're saying.
[01:14:43.000 --> 01:14:45.000]  Well, yeah, it's a mess.
[01:14:45.000 --> 01:14:46.000]  I want to get out of that.
[01:14:46.000 --> 01:14:49.000]  So these additional items that you gave me are good.
[01:14:49.000 --> 01:14:52.000]  I'll look up those, and I'll include that.
[01:14:52.000 --> 01:14:54.000]  And the only other quickie...
[01:14:54.000 --> 01:14:59.000]  Now, let me ask you this on top of everything else, and again, I don't mean to keep interrupting you,
[01:14:59.000 --> 01:15:07.000]  but have they ever sent you a hard copy statement through the mail?
[01:15:07.000 --> 01:15:09.000]  No, sir.
[01:15:09.000 --> 01:15:11.000]  Then ask for one.
[01:15:11.000 --> 01:15:19.000]  Ask for a hard copy of all billing transactions from them against your credit card.
[01:15:19.000 --> 01:15:21.000]  Okay.
[01:15:21.000 --> 01:15:32.000]  Now, once they send that through the mail to you, now you've got evidence they have used the U.S. mail for illegal purposes.
[01:15:32.000 --> 01:15:35.000]  Ah, okay.
[01:15:35.000 --> 01:15:37.000]  I'll do that.
[01:15:37.000 --> 01:15:41.000]  When I talked to them about getting this, they gave me a lot of runaround,
[01:15:41.000 --> 01:15:52.000]  and then they made me an offer to refund me $118 or $19 out of the nearly $500 that they took from my account.
[01:15:52.000 --> 01:15:53.000]  Right.
[01:15:53.000 --> 01:16:01.000]  And I wrote back saying I declined that I want a full refund in reimbursement for what they were unauthorized to debit from me,
[01:16:01.000 --> 01:16:04.000]  and of course nothing happened from there.
[01:16:04.000 --> 01:16:07.000]  So I would love to get my money back.
[01:16:07.000 --> 01:16:09.000]  I mean, it was...
[01:16:09.000 --> 01:16:16.000]  Well, that would be where I would start, was get them to give you evidence you can use
[01:16:16.000 --> 01:16:24.000]  and make sure that you keep hard copies and the e-mail copies of the opt-in and then the opt-out within the proper time period.
[01:16:24.000 --> 01:16:28.000]  You've kept records of all your communications with them, I hope?
[01:16:28.000 --> 01:16:29.000]  I do.
[01:16:29.000 --> 01:16:30.000]  I have everything, yes.
[01:16:30.000 --> 01:16:31.000]  Okay.
[01:16:31.000 --> 01:16:35.000]  Make sure everything is laid out in a real nice, neat little timeline.
[01:16:35.000 --> 01:16:43.000]  Names, job titles, dates, times, departments if they got them, et cetera.
[01:16:43.000 --> 01:16:49.000]  Any information you collected during that phone call about who you talked to, what was said, et cetera, et cetera,
[01:16:49.000 --> 01:16:53.000]  keep it very carefully documented.
[01:16:53.000 --> 01:16:55.000]  I do have that.
[01:16:55.000 --> 01:16:57.000]  You do or you don't?
[01:16:57.000 --> 01:16:58.000]  I do.
[01:16:58.000 --> 01:16:59.000]  Okay, good.
[01:16:59.000 --> 01:17:06.000]  Thank you very much.
[01:17:29.000 --> 01:17:36.000]  Thank you very much.
[01:18:00.000 --> 01:18:05.000]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:18:05.000 --> 01:18:09.000]  Stop debt collectors now with the Michael Mears proven method.
[01:18:09.000 --> 01:18:15.000]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[01:18:15.000 --> 01:18:21.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes,
[01:18:21.000 --> 01:18:27.000]  what to do when contacted by phone, mail or court summons, how to answer letters and phone calls,
[01:18:27.000 --> 01:18:31.000]  how to get debt collectors out of your credit report, how to turn the financial tables on them
[01:18:31.000 --> 01:18:34.000]  and make them pay you to go away.
[01:18:34.000 --> 01:18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:18:39.000 --> 01:18:41.000]  Personal consultation is available as well.
[01:18:41.000 --> 01:18:47.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:18:47.000 --> 01:18:50.000]  or email michaelmears at yahoo.com.
[01:18:50.000 --> 01:18:58.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:18:58.000 --> 01:19:02.000]  to learn how to stop debt collectors now.
[01:19:02.000 --> 01:19:23.000]  This is the Logos Radio Network.
[01:19:23.000 --> 01:19:27.000]  As I walk through the valley of the shadow of death I take a look at my life
[01:19:27.000 --> 01:19:34.000]  Alright folks, we are back. This is Rule of Law Radio calling number 512-646-1984.
[01:19:34.000 --> 01:19:39.000]  If you want to call and get in line and best talk, I've got another 45 minutes in this here show
[01:19:39.000 --> 01:19:41.000]  and I'd love some people to talk to.
[01:19:41.000 --> 01:19:44.000]  Right now we're still on with Beena in California.
[01:19:44.000 --> 01:19:48.000]  Alright Beena, I'm sorry that we got cut off at a break so please continue.
[01:19:48.000 --> 01:19:55.000]  Oh, I have all my records. I have all my emails, my files, what I've written to them.
[01:19:55.000 --> 01:20:00.000]  So you've given me something else that I think is strong
[01:20:00.000 --> 01:20:04.000]  and actually gave me the direction to use because I didn't know where to file this.
[01:20:04.000 --> 01:20:08.000]  So I'm going to go on and add this to my document.
[01:20:08.000 --> 01:20:10.000]  Well, here's the other thing.
[01:20:10.000 --> 01:20:15.000]  I would also recommend that you file a complaint with the Consumer Protection Agency
[01:20:15.000 --> 01:20:19.000]  and the Better Business Bureau.
[01:20:19.000 --> 01:20:23.000]  I've done that. I just wonder if it even means anything, honestly.
[01:20:23.000 --> 01:20:30.000]  Well, used to when I was doing anything that would involve me making a long-term commitment to something,
[01:20:30.000 --> 01:20:35.000]  I always looked up the company on BBB before I did anything with them.
[01:20:35.000 --> 01:20:41.000]  I always wanted to know if there was any complaints against them and so what were they based on, et cetera, et cetera.
[01:20:41.000 --> 01:20:50.000]  That always gave me at least a jumping-off point to say I really do or don't want to deal with these guys.
[01:20:50.000 --> 01:20:54.000]  So whether or not it's not going to have any legal effect,
[01:20:54.000 --> 01:20:58.000]  but it may affect their customer base way more than you realize.
[01:20:58.000 --> 01:21:05.000]  I'll do it, but it's doubtful. I mean, I looked at their revenue. It was something like $1.7 billion.
[01:21:05.000 --> 01:21:10.000]  Yeah, but imagine how much it would be if nobody bought it
[01:21:10.000 --> 01:21:13.000]  because they're all getting screwed on these subscriptions.
[01:21:13.000 --> 01:21:17.000]  I agree. And that's the thing that concerns me more.
[01:21:17.000 --> 01:21:22.000]  When you research these things, you just find, you know...
[01:21:22.000 --> 01:21:29.000]  Well, now, do be aware that if you can carry a case of fraud across the goal line here,
[01:21:29.000 --> 01:21:35.000]  you can ask for treble damages, both actual and punitive,
[01:21:35.000 --> 01:21:45.000]  and you might get a chunk of that $1.7 billion because there's a good chance that $0.7 billion came from this kind of BS from them.
[01:21:45.000 --> 01:21:54.000]  Okay, but what I've read is fraud is a very challenging cause to prove and carry.
[01:21:54.000 --> 01:21:56.000]  What are the elements of fraud?
[01:21:56.000 --> 01:22:03.000]  Well, I'd have to get my book here. You want me to pull out my little Texas Causes of Action? Hold on.
[01:22:03.000 --> 01:22:05.000]  Are you in Texas?
[01:22:05.000 --> 01:22:11.000]  No, but I bought it because you guys always talk about it so much, so I use it as a launching pad for me,
[01:22:11.000 --> 01:22:14.000]  and then I go and find the law in California.
[01:22:14.000 --> 01:22:18.000]  Well, the Honors Causes of Action is a good place to learn how to write.
[01:22:18.000 --> 01:22:26.000]  Hmm. Well, I think it's a great book to have, and I'm glad that I listened and I bought it.
[01:22:26.000 --> 01:22:33.000]  Just be aware now that a lot of its citations are Texas-specific when it's for Texas Causes of Action.
[01:22:33.000 --> 01:22:39.000]  But generally speaking, the premise of what it tells you should be good anywhere.
[01:22:39.000 --> 01:22:42.000]  I agree. I agree.
[01:22:42.000 --> 01:22:47.000]  I have another quickie so I can move it along for your other people in the queue.
[01:22:47.000 --> 01:22:50.000]  I've only got one other person in the queue and a half an hour left to go on the show,
[01:22:50.000 --> 01:22:55.000]  so we're cool if you need to take a minute and let's get this straight for you.
[01:22:55.000 --> 01:23:00.000]  Well, I think I've got good direction on the Wall Street. I'm going to get on that.
[01:23:00.000 --> 01:23:06.000]  And I was taking classes when they launched the COVID show,
[01:23:06.000 --> 01:23:15.000]  and the school district that I was enrolled in instituted this, as you know,
[01:23:15.000 --> 01:23:19.000]  COVID mask, COVID mask, COVID testing protocols.
[01:23:19.000 --> 01:23:24.000]  They held it in place for a year and a half. Their enrollment plummeted.
[01:23:24.000 --> 01:23:31.000]  They just rescinded all of the impositions, is my word, for it.
[01:23:31.000 --> 01:23:32.000]  Right.
[01:23:32.000 --> 01:23:38.000]  I still want to carry out an action against them just because of the gross interruption
[01:23:38.000 --> 01:23:43.000]  that they caused in people's education cycles and cycles of completion,
[01:23:43.000 --> 01:23:46.000]  their livelihoods, et cetera, et cetera.
[01:23:46.000 --> 01:23:49.000]  Okay. Well, here's the problem.
[01:23:49.000 --> 01:23:53.000]  And again, I'm not saying you can't do it, but here's what you need to consider.
[01:23:53.000 --> 01:23:58.000]  What harm can you substantiate as the basis of your claim?
[01:23:58.000 --> 01:24:05.000]  See, in the Washington, I'm sorry, the one we're talking about, money damages,
[01:24:05.000 --> 01:24:07.000]  because they've taken money they weren't supposed to take.
[01:24:07.000 --> 01:24:08.000]  That's easy.
[01:24:08.000 --> 01:24:09.000]  Okay.
[01:24:09.000 --> 01:24:14.000]  But in the other one, what are you going to say is your harm
[01:24:14.000 --> 01:24:18.000]  that would give you standing to go after them for anything?
[01:24:18.000 --> 01:24:20.000]  There are a couple of specifics.
[01:24:20.000 --> 01:24:25.000]  I was on campus beginning of the fall semester last year.
[01:24:25.000 --> 01:24:29.000]  Somebody I was talking to, one of the administrators, called security on me
[01:24:29.000 --> 01:24:31.000]  because I didn't have a mask on.
[01:24:31.000 --> 01:24:36.000]  And he bounced over acting as though he was going to do something to me for being unmasked.
[01:24:36.000 --> 01:24:41.000]  The person I was talking to in the administration refused to even give me
[01:24:41.000 --> 01:24:47.000]  cursory information that I was asking under the condition that I agreed to mask up.
[01:24:47.000 --> 01:24:51.000]  And, I mean, they were just making up all kinds of things on me.
[01:24:51.000 --> 01:24:58.000]  All right, but my question is, is what kind of harm are you going to say resulted from that,
[01:24:58.000 --> 01:25:04.000]  something that the court will accept as a tangible harm that affected you in an adverse way?
[01:25:04.000 --> 01:25:07.000]  What is your cause of action?
[01:25:07.000 --> 01:25:10.000]  Prolonging my ability to complete my program.
[01:25:10.000 --> 01:25:14.000]  So that has interfered with my ability to enter the workforce
[01:25:14.000 --> 01:25:18.000]  because now I've got another year and a half to go instead of being done
[01:25:18.000 --> 01:25:20.000]  where I can enter my field.
[01:25:20.000 --> 01:25:24.000]  If you can make the economic claim in a way that you would have graduated sooner
[01:25:24.000 --> 01:25:29.000]  if they hadn't done all of this, that their policy served no realistic medical purpose,
[01:25:29.000 --> 01:25:33.000]  et cetera, et cetera, but those are all things you're going to have to prove to make your point
[01:25:33.000 --> 01:25:34.000]  and win your case.
[01:25:34.000 --> 01:25:36.000]  You realize that, right?
[01:25:36.000 --> 01:25:37.000]  I can do that, actually.
[01:25:37.000 --> 01:25:38.000]  I can do that.
[01:25:38.000 --> 01:25:39.000]  So that's good.
[01:25:39.000 --> 01:25:41.000]  That's all I needed to know.
[01:25:41.000 --> 01:25:47.000]  If you can show that their doing things caused you an economic harm
[01:25:47.000 --> 01:25:50.000]  because it delayed your ability to complete the course,
[01:25:50.000 --> 01:25:54.000]  get your degree or certification or whatever it was you were after
[01:25:54.000 --> 01:25:59.000]  to enter the workplace in a particular capacity that you had set up to go to work in,
[01:25:59.000 --> 01:26:01.000]  maybe you've got a cause of action.
[01:26:01.000 --> 01:26:09.000]  Can't say you do for sure, but it might set a precedent saying that that is one that is viable
[01:26:09.000 --> 01:26:13.000]  and everybody else can do it too now.
[01:26:13.000 --> 01:26:17.000]  You know what? I can do it because there are people that want to hire me,
[01:26:17.000 --> 01:26:23.000]  but it's like, well, I can't do it because I got to finish the classes I couldn't take last year.
[01:26:23.000 --> 01:26:26.000]  As a matter of fact, I just had that conversation with someone.
[01:26:26.000 --> 01:26:32.000]  So the classes are prerequisite to accepting the position?
[01:26:32.000 --> 01:26:37.000]  They provide skills that I need in performing that work.
[01:26:37.000 --> 01:26:39.000]  Yeah, but that's not the question.
[01:26:39.000 --> 01:26:44.000]  Could you have gotten a position without the classes?
[01:26:44.000 --> 01:26:45.000]  That's a good question.
[01:26:45.000 --> 01:26:48.000]  I would have to put that to the person hiring.
[01:26:48.000 --> 01:26:54.000]  Yes, you would because if they say, yeah, we'd have hired you anyway, that blows your case.
[01:26:54.000 --> 01:26:55.000]  Got you.
[01:26:55.000 --> 01:26:56.000]  Okay.
[01:26:56.000 --> 01:26:57.000]  I can find that out.
[01:26:57.000 --> 01:26:58.000]  That would be easy.
[01:26:58.000 --> 01:27:02.000]  And if they do, make sure that they put it in writing.
[01:27:02.000 --> 01:27:03.000]  Okay.
[01:27:03.000 --> 01:27:05.000]  If they say, no, we couldn't have hired you without these qualifications
[01:27:05.000 --> 01:27:10.000]  because they were required for the job and ask them, please put that in writing for me,
[01:27:10.000 --> 01:27:14.000]  if you don't mind, please, because I'm going to need that.
[01:27:14.000 --> 01:27:17.000]  And go from there.
[01:27:17.000 --> 01:27:18.000]  That's helpful.
[01:27:18.000 --> 01:27:19.000]  Thank you, Eddie.
[01:27:19.000 --> 01:27:20.000]  You're very welcome.
[01:27:20.000 --> 01:27:21.000]  Thank you very much.
[01:27:21.000 --> 01:27:22.000]  I'm glad I called.
[01:27:22.000 --> 01:27:23.000]  All right.
[01:27:23.000 --> 01:27:25.000]  Well, thanks for calling in.
[01:27:25.000 --> 01:27:26.000]  Absolutely.
[01:27:26.000 --> 01:27:27.000]  Have a good night.
[01:27:27.000 --> 01:27:28.000]  You too.
[01:27:28.000 --> 01:27:29.000]  Bye-bye.
[01:27:29.000 --> 01:27:30.000]  Bye.
[01:27:30.000 --> 01:27:31.000]  All right.
[01:27:31.000 --> 01:27:36.000]  Now we have Larry in Arizona, who is my last caller, by the way, so I need somebody else
[01:27:36.000 --> 01:27:37.000]  to talk to.
[01:27:37.000 --> 01:27:38.000]  This is going to be a very long half hour.
[01:27:38.000 --> 01:27:39.000]  All right.
[01:27:39.000 --> 01:27:40.000]  Larry, what do you got?
[01:27:40.000 --> 01:27:41.000]  Good evening, Eddie.
[01:27:41.000 --> 01:27:42.000]  It's nice to see you back again.
[01:27:42.000 --> 01:27:43.000]  Well, thank you.
[01:27:43.000 --> 01:27:44.000]  Glad to be back.
[01:27:44.000 --> 01:27:45.000]  I've got a question for you.
[01:27:45.000 --> 01:27:54.000]  You know, you've been helping us for a year on a ordinance problem and that case is still
[01:27:54.000 --> 01:27:55.000]  moving along.
[01:27:55.000 --> 01:27:56.000]  We're in the third court.
[01:27:56.000 --> 01:27:58.000]  The fire ban ordinance?
[01:27:58.000 --> 01:27:59.000]  Yes.
[01:27:59.000 --> 01:28:00.000]  Okay.
[01:28:00.000 --> 01:28:01.000]  All right.
[01:28:01.000 --> 01:28:02.000]  So that one's still moving along.
[01:28:02.000 --> 01:28:03.800]  We have a new problem.
[01:28:03.800 --> 01:28:10.800]  The valley we live in, it's about a little over 100 square miles, 1,500 people.
[01:28:10.800 --> 01:28:20.040]  And a developer just came in and bought 100 acres and wants to put 400 homes on it and
[01:28:20.040 --> 01:28:27.480]  some RV spaces and stuff for a mine that's about 30 miles away and have a man camp.
[01:28:27.480 --> 01:28:32.280]  So the developer's pushing real hard to rezone this 100 acres.
[01:28:32.280 --> 01:28:39.080]  And so we've been reading about it and interestingly enough, you know, it's zoning ordinances.
[01:28:39.080 --> 01:28:41.680]  How do we go about fighting something like this?
[01:28:41.680 --> 01:28:48.560]  Well, you can file protests with City Hall and since it's municipal, I'm assuming when
[01:28:48.560 --> 01:28:51.200]  you say ordinances, are they county or municipal?
[01:28:51.200 --> 01:28:52.200]  County.
[01:28:52.200 --> 01:28:53.200]  Okay.
[01:28:53.200 --> 01:28:57.480]  Then you'll have to petition whoever it is in your county that makes those ordinances
[01:28:57.480 --> 01:29:01.440]  and those zoning regulations to not do it.
[01:29:01.440 --> 01:29:07.080]  And the more big money, high influence people you can get in support of that, the better.
[01:29:07.080 --> 01:29:12.620]  But the problem is, are the high money influencers that you're going to have to deal with going
[01:29:12.620 --> 01:29:16.220]  to get a bigger benefit of having this there than not?
[01:29:16.220 --> 01:29:21.920]  If they are, then odds are you're going to have your work cut out for you even if 90%
[01:29:21.920 --> 01:29:26.080]  of the people there don't want it.
[01:29:26.080 --> 01:29:29.600]  And I can tell you that for a fact because in my little old hometown of Nacogdoches in
[01:29:29.600 --> 01:29:35.440]  my entire life, that town has never had more than 36,000 people in it.
[01:29:35.440 --> 01:29:40.680]  And as of right now, it's back down to somewhere just over 30,000 people.
[01:29:40.680 --> 01:29:46.120]  And the reason for that is because there's old money that runs all the big businesses
[01:29:46.120 --> 01:29:50.000]  and they are the ones, regardless of what the rest of the people living there want or
[01:29:50.000 --> 01:29:55.040]  don't want, they're the ones that decide what businesses are allowed to come and go.
[01:29:55.040 --> 01:29:58.840]  You have music playing.
[01:29:58.840 --> 01:30:04.880]  It seems like everywhere you turn nowadays, someone wants your name, social security number
[01:30:04.880 --> 01:30:05.880]  and date of birth.
[01:30:05.880 --> 01:30:08.560]  But you should think twice before giving away your personal data.
[01:30:08.560 --> 01:30:12.560]  I'm Dr. Catherine Albrecht and I'll say more in just a moment.
[01:30:12.560 --> 01:30:17.200]  Google is watching you, recording everything you've ever searched for and creating a massive
[01:30:17.200 --> 01:30:19.840]  database of your personal information.
[01:30:19.840 --> 01:30:20.840]  It's creepy.
[01:30:20.840 --> 01:30:22.880]  But it doesn't have to be that way.
[01:30:22.880 --> 01:30:26.280]  Startpage.com is the world's most private search engine.
[01:30:26.280 --> 01:30:30.560]  Startpage.com doesn't store your IP address, make a record of your searches or use tracking
[01:30:30.560 --> 01:30:32.800]  cookies and they're third party certified.
[01:30:32.800 --> 01:30:38.240]  If you don't like big brother spying on you, start over with Startpage, great search results
[01:30:38.240 --> 01:30:40.240]  and total privacy.
[01:30:40.240 --> 01:30:42.840]  Startpage.com, the world's most private search engine.
[01:30:42.840 --> 01:30:45.640]  Forms, forms, forms, they're everywhere.
[01:30:45.640 --> 01:30:49.200]  But just because a piece of paper asks for information doesn't mean you have to give
[01:30:49.200 --> 01:30:50.200]  it.
[01:30:50.200 --> 01:30:54.840]  I leave blank spaces on forms all the time or I write N slash A for not applicable and
[01:30:54.840 --> 01:30:56.920]  usually nobody notices or cares.
[01:30:56.920 --> 01:31:01.480]  I never give my social security number or date of birth unless it's absolutely mandatory
[01:31:01.480 --> 01:31:05.800]  for employment or a government requirement and I won't give my phone number to a company
[01:31:05.800 --> 01:31:09.960]  or an organization unless I actually want them to call me and that's pretty rare.
[01:31:09.960 --> 01:31:15.080]  To preserve our vanishing privacy, we need to practice saying no to random data requests.
[01:31:15.080 --> 01:31:18.560]  It's like exercising a muscle, it gets easier the more you do it.
[01:31:18.560 --> 01:31:31.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.800 --> 01:31:32.800]  I lost my son.
[01:31:32.800 --> 01:31:33.800]  My nephew.
[01:31:33.800 --> 01:31:34.800]  My uncle.
[01:31:34.800 --> 01:31:35.800]  My son.
[01:31:35.800 --> 01:31:36.800]  On September 11th, 2001.
[01:31:36.800 --> 01:31:40.080]  Most people don't know that a third tower fell on September 11th.
[01:31:40.080 --> 01:31:44.200]  World Trade Center 7, a 47 story skyscraper was not hit by a plane.
[01:31:44.200 --> 01:31:50.040]  Although the official exclamation is that fire brought down Building 7, over 1,200 architects
[01:31:50.040 --> 01:31:53.800]  and engineers have looked into the evidence and believe there's more to the story.
[01:31:53.800 --> 01:31:59.160]  Bring justice to my son, my uncle, my nephew, my son, go to buildingwhat.org.
[01:31:59.160 --> 01:32:02.400]  Why it fell, why it matters, and what you can do.
[01:32:02.400 --> 01:32:06.280]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:06.280 --> 01:32:09.840]  In today's America, we live in an us against them society and if we the people are ever
[01:32:09.840 --> 01:32:13.920]  going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.920 --> 01:32:17.240]  Among those rights are the right to travel freely from place to place, the right to act
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[01:33:05.040 --> 01:33:12.040]  Thank you for listening to the Logos Radio Network at logosradionetwork.com
[01:33:35.040 --> 01:33:51.800]  Alright folks, we are back, this is Rule of Law Radio, calling number 512-646-1984.
[01:33:51.800 --> 01:33:54.160]  And right now we are talking to Larry in Arizona.
[01:33:54.160 --> 01:33:56.800]  Alright Larry, I'm sorry, go ahead.
[01:33:56.800 --> 01:34:03.720]  Okay, so Eddie, what's the procedure to petition the County Board of Supervisors?
[01:34:03.720 --> 01:34:07.120]  I don't know, you'll have to find out what that is in your area.
[01:34:07.120 --> 01:34:11.480]  Everybody's got their own little set of local rules on how things get done that way.
[01:34:11.480 --> 01:34:18.040]  But everybody, there is the General Petition for Redress of Grievances method and that
[01:34:18.040 --> 01:34:21.440]  works both your local and your state level.
[01:34:21.440 --> 01:34:25.800]  So I would start with that, petition for redress of grievances, and you can look that up in
[01:34:25.800 --> 01:34:31.760]  your state law to see if it has any particular requirements or procedures or anything associated
[01:34:31.760 --> 01:34:36.280]  with it and put that to good use.
[01:34:36.280 --> 01:34:39.920]  The only other way is to get an attorney to fight it and he doesn't really care if he
[01:34:39.920 --> 01:34:42.880]  wins or loses because you are going to pay him regardless.
[01:34:42.880 --> 01:34:49.480]  Yeah, we'd rather just do it individually and we've been doing okay on the other ordinance
[01:34:49.480 --> 01:34:54.040]  deals so we'll see how we can come out on this.
[01:34:54.040 --> 01:35:00.200]  Do you know offhand, I mean, you know, a judge, you can ask for a financial statement on a
[01:35:00.200 --> 01:35:07.160]  county board of supervisors, can you ask the supervisors for financial statements?
[01:35:07.160 --> 01:35:08.720]  What kind of financial statements?
[01:35:08.720 --> 01:35:14.080]  Well, I'm just looking into their background to see where their money is coming from and...
[01:35:14.080 --> 01:35:18.600]  Well, does your state have a requirement that they report their financials to the state
[01:35:18.600 --> 01:35:20.280]  when they take a particular position?
[01:35:20.280 --> 01:35:21.280]  Oh, okay.
[01:35:21.280 --> 01:35:22.280]  I, okay.
[01:35:22.280 --> 01:35:24.640]  You know, I haven't looked that up so, okay.
[01:35:24.640 --> 01:35:28.120]  If there is a requirement, then the Secretary of State will have the information on their
[01:35:28.120 --> 01:35:33.240]  financials or the county clerk or somebody, whatever.
[01:35:33.240 --> 01:35:40.360]  See, here in Texas, there's a hierarchy to where individual officials' records are kept.
[01:35:40.360 --> 01:35:43.760]  State level officials are all kept with the Secretary of State.
[01:35:43.760 --> 01:35:46.080]  District level officials are kept with the district clerk.
[01:35:46.080 --> 01:35:47.720]  County level with the county clerk.
[01:35:47.720 --> 01:35:51.600]  Municipal level with the city secretary slash clerk.
[01:35:51.600 --> 01:35:53.400]  Okay.
[01:35:53.400 --> 01:35:57.040]  So make sure you ask the right person for the right records depending upon what level
[01:35:57.040 --> 01:35:58.080]  you're looking at.
[01:35:58.080 --> 01:36:04.000]  If you're looking for a state ref's information, that goes probably to your Secretary of State.
[01:36:04.000 --> 01:36:08.400]  If you're looking for a local ref's information, that will either be your district or your
[01:36:08.400 --> 01:36:09.400]  county.
[01:36:09.400 --> 01:36:10.400]  Okay.
[01:36:10.400 --> 01:36:11.400]  Okay.
[01:36:11.400 --> 01:36:14.560]  Now, let me back up to a different deal.
[01:36:14.560 --> 01:36:22.360]  Last spring when I was talking to you, I was in a court on my land patent deal and you
[01:36:22.360 --> 01:36:27.880]  were telling me the difference between recusing a judge and disqualifying a judge.
[01:36:27.880 --> 01:36:36.920]  So I put a motion in to disqualify this judge and the judge himself, I can't think of the
[01:36:36.920 --> 01:36:43.720]  term, but ignored it and said, no, you're out of time, so this doesn't qualify.
[01:36:43.720 --> 01:36:44.720]  Okay.
[01:36:44.720 --> 01:36:51.400]  I'm pretty, well, you have to look and see, but here in Texas, the rules are the judge
[01:36:51.400 --> 01:36:53.360]  can't rule on their own disqualification.
[01:36:53.360 --> 01:36:58.400]  They can rule on their own recusal, but they cannot rule on their own disqualification.
[01:36:58.400 --> 01:37:03.400]  Whether or not that's true in Arizona, I couldn't tell you.
[01:37:03.400 --> 01:37:06.880]  That'll be in my rule somewhere.
[01:37:06.880 --> 01:37:10.680]  If there is such a rule, and what did he mean you did it too late?
[01:37:10.680 --> 01:37:16.080]  Well, since when is there a time limit on disqualifying a judge for not acting impartially?
[01:37:16.080 --> 01:37:23.060]  It seems to me if the judge fails to abide by the judicial canons during the process
[01:37:23.060 --> 01:37:30.440]  of proceeding in whatever course it's going through, then it seems to me you have a right
[01:37:30.440 --> 01:37:33.040]  to raise a complaint at that point.
[01:37:33.040 --> 01:37:34.040]  Okay.
[01:37:34.040 --> 01:37:37.840]  I agree with that.
[01:37:37.840 --> 01:37:38.840]  Okay.
[01:37:38.840 --> 01:37:45.440]  So what is it he's saying you weren't timely with?
[01:37:45.440 --> 01:37:47.960]  The motion to disqualify him.
[01:37:47.960 --> 01:37:49.840]  I don't know.
[01:37:49.840 --> 01:37:53.040]  Why is he saying it's not timely?
[01:37:53.040 --> 01:37:54.720]  What is he basing that on?
[01:37:54.720 --> 01:37:58.600]  What authority makes it untimely other than his opinion?
[01:37:58.600 --> 01:37:59.600]  Oh, yeah.
[01:37:59.600 --> 01:38:03.040]  I mean, he didn't say that in his answer.
[01:38:03.040 --> 01:38:09.560]  He just said, yeah, my motion was denied based on time.
[01:38:09.560 --> 01:38:10.560]  Okay.
[01:38:10.560 --> 01:38:16.760]  Then you need to look up disqualify in state law and see what are the reasons you can disqualify
[01:38:16.760 --> 01:38:20.640]  a judge and whether or not any of them have time limits attached to them, and whether
[01:38:20.640 --> 01:38:27.600]  or not he was actually guilty of any of them since he said this doesn't match up to anything
[01:38:27.600 --> 01:38:30.040]  that you can disqualify me for.
[01:38:30.040 --> 01:38:31.040]  Okay.
[01:38:31.040 --> 01:38:32.040]  Okay.
[01:38:32.040 --> 01:38:36.200]  That's actually all the questions I have now.
[01:38:36.200 --> 01:38:46.200]  Like I said, on the ordinance case for the illegal burning, we're into the second court
[01:38:46.200 --> 01:38:55.040]  of appeals, and we couldn't get a hold of you when we were doing our paperwork for that
[01:38:55.040 --> 01:38:56.040]  one.
[01:38:56.040 --> 01:39:02.880]  But the reply to it from the county, they just convoluted the argument so badly.
[01:39:02.880 --> 01:39:10.880]  So we just tried to address each point that the county convoluted and tell the judge,
[01:39:10.880 --> 01:39:12.920]  this is incorrect, this is incorrect.
[01:39:12.920 --> 01:39:17.080]  Well, that would have been all you could do, was file an answer to their answer.
[01:39:17.080 --> 01:39:18.080]  Yeah.
[01:39:18.080 --> 01:39:20.080]  I mean, it's so frustrating.
[01:39:20.080 --> 01:39:25.560]  I mean, I guess is that just the same- Well, that's the purpose of a lawyer.
[01:39:25.560 --> 01:39:34.880]  There's a really good scene out of the TV show, The Practice, and James Spader is playing
[01:39:34.880 --> 01:39:37.440]  an attorney on the show.
[01:39:37.440 --> 01:39:42.880]  And he's in court, and he is given a really good speech about what the job of an attorney
[01:39:42.880 --> 01:39:44.640]  actually is.
[01:39:44.640 --> 01:39:49.480]  And one of those, he says, is to ensure that the truth is never known.
[01:39:49.480 --> 01:39:52.720]  Oh, really?
[01:39:52.720 --> 01:39:54.720]  Yeah.
[01:39:54.720 --> 01:39:56.880]  Yeah.
[01:39:56.880 --> 01:40:02.200]  Our job is to actually hide the truth, cover it up, misdirect you, and lead you down the
[01:40:02.200 --> 01:40:09.400]  primrose path away from it every bit as often as it is to lead you to it.
[01:40:09.400 --> 01:40:11.920]  Our job is to mislead you.
[01:40:11.920 --> 01:40:12.920]  Yeah.
[01:40:12.920 --> 01:40:18.720]  I mean, if people were honest in court, my gosh, our cases would probably take half the
[01:40:18.720 --> 01:40:19.720]  time.
[01:40:19.720 --> 01:40:26.240]  It's such a waste of time fighting all the lies and misconceptions.
[01:40:26.240 --> 01:40:30.720]  Well, that's the problem with having so many laws written the way they're written.
[01:40:30.720 --> 01:40:35.880]  There are so many different ways you can approach arguing what that law can or can't do correctly
[01:40:35.880 --> 01:40:39.800]  or incorrectly or right or wrong.
[01:40:39.800 --> 01:40:45.200]  And so a lawyer that's really good at taking the meaning of words and twisting them up
[01:40:45.200 --> 01:40:49.720]  in many different ways can make that law say one thing today and the completely opposite
[01:40:49.720 --> 01:40:53.640]  thing tomorrow.
[01:40:53.640 --> 01:41:01.040]  And so that's probably one of the most honest scenes in a TV show I've ever seen, other
[01:41:01.040 --> 01:41:08.560]  than Jeff Daniels saying, we're not the greatest country in the world, and here's why.
[01:41:08.560 --> 01:41:12.640]  Those are probably the two most honest scenes in a TV show I can recall ever seeing in my
[01:41:12.640 --> 01:41:15.560]  life.
[01:41:15.560 --> 01:41:21.400]  Yeah, I mean, it's tough.
[01:41:21.400 --> 01:41:25.840]  I have a hard time imagining how you've done this all these years, because it's just so
[01:41:25.840 --> 01:41:26.840]  fresh.
[01:41:26.840 --> 01:41:27.840]  Believe me, you're there.
[01:41:27.840 --> 01:41:31.880]  I'm surprised I don't have—you know how Jean-Claude Van Damme has that lump on his
[01:41:31.880 --> 01:41:32.880]  forehead?
[01:41:32.880 --> 01:41:33.880]  Yes.
[01:41:33.880 --> 01:41:38.960]  I'm surprised I don't have one that's a big old callus right in the middle of mine from
[01:41:38.960 --> 01:41:46.400]  banging my head against my desktop or my keyboard or my wall when it comes to dealing with people
[01:41:46.400 --> 01:41:52.040]  and attorneys and judges and even trying to get somebody just to listen to what I'm trying
[01:41:52.040 --> 01:41:53.040]  to tell them.
[01:41:53.040 --> 01:41:55.640]  It's a lot of headbanging goes in this job.
[01:41:55.640 --> 01:41:56.640]  Believe me.
[01:41:56.640 --> 01:42:00.080]  No, I can absolutely understand it.
[01:42:00.080 --> 01:42:04.720]  It's been very frustrating, but I guess all we can do is fight it.
[01:42:04.720 --> 01:42:09.400]  Yeah, you do what you've got to do, and you keep going no matter what else happens.
[01:42:09.400 --> 01:42:11.920]  Fortunately, I have a very hard head.
[01:42:11.920 --> 01:42:12.920]  Okay.
[01:42:12.920 --> 01:42:16.600]  Well, I think that's answered my question this evening, Eddie.
[01:42:16.600 --> 01:42:17.600]  I sure appreciate your time.
[01:42:17.600 --> 01:42:18.600]  Yes, sir.
[01:42:18.600 --> 01:42:19.600]  Well, thanks for calling in.
[01:42:19.600 --> 01:42:20.600]  Okay.
[01:42:20.600 --> 01:42:21.600]  Thank you.
[01:42:21.600 --> 01:42:22.600]  Bye.
[01:42:22.600 --> 01:42:23.600]  You have a great night.
[01:42:23.600 --> 01:42:24.600]  Bye-bye.
[01:42:24.600 --> 01:42:25.600]  All right.
[01:42:25.600 --> 01:42:29.320]  I've got just a minute and a half before another break, but I'll get our next caller introduced,
[01:42:29.320 --> 01:42:31.280]  and we'll go from there.
[01:42:31.280 --> 01:42:33.960]  Our next caller is Jack in Texas.
[01:42:33.960 --> 01:42:35.920]  Jack, what can we do for you?
[01:42:35.920 --> 01:42:38.920]  Hey, how are you doing, Eddie?
[01:42:38.920 --> 01:42:41.920]  I'm doing good.
[01:42:41.920 --> 01:42:44.920]  I'm glad you're doing better and better.
[01:42:44.920 --> 01:42:51.920]  These last couple of callers, I got a thought of a couple of questions.
[01:42:51.920 --> 01:42:55.360]  So I'm looking at two traffic tickets.
[01:42:55.360 --> 01:42:57.560]  Excuse me.
[01:42:57.560 --> 01:43:07.120]  And I was wondering, I intend to file criminal charges against this judge.
[01:43:07.120 --> 01:43:08.120]  Based on?
[01:43:08.120 --> 01:43:09.120]  Wouldn't...
[01:43:09.120 --> 01:43:10.740]  I'm sorry?
[01:43:10.740 --> 01:43:11.740]  Based on?
[01:43:11.740 --> 01:43:14.960]  You're going to file criminal charges based on what?
[01:43:14.960 --> 01:43:30.160]  Based on there is no certified police officer that is authorized to enforce this compensation
[01:43:30.160 --> 01:43:31.160]  code in this county.
[01:43:31.160 --> 01:43:35.680]  So how does that put the judge on the hook?
[01:43:35.680 --> 01:43:42.400]  Well, why doesn't that put the cop on the hook and perform the arrest he's not authorized
[01:43:42.400 --> 01:43:43.400]  to make?
[01:43:43.400 --> 01:43:46.080]  How does it put the judge on the hook?
[01:43:46.080 --> 01:43:48.080]  I plan to do that too.
[01:43:48.080 --> 01:43:50.080]  I'll file against the cop.
[01:43:50.080 --> 01:43:53.240]  Okay, well hang on, I got to take a break here.
[01:43:53.240 --> 01:43:54.240]  Hang on just a second.
[01:43:54.240 --> 01:43:55.240]  We'll be right back to finish up.
[01:43:55.240 --> 01:43:56.240]  All right, folks.
[01:43:56.240 --> 01:43:59.240]  We'll be right back after the break.
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[01:46:21.400 --> 01:46:22.400]  All right, folks.
[01:46:22.400 --> 01:46:23.400]  We are back.
[01:46:23.400 --> 01:46:24.880]  This is Rule of Law Radio.
[01:46:24.880 --> 01:46:29.360]  We are now in the last segment of this show for tonight, and I am currently talking to
[01:46:29.360 --> 01:46:30.360]  Jack in Texas.
[01:46:30.360 --> 01:46:31.360]  All right, Jack.
[01:46:31.360 --> 01:46:32.360]  Go ahead.
[01:46:32.360 --> 01:46:35.920]  Now, what I was saying, you're saying that you're going to do that too.
[01:46:35.920 --> 01:46:38.200]  You should have an answer to my question.
[01:46:38.200 --> 01:46:44.520]  How are you going to put the judge on the hook for something the cop is not allowed
[01:46:44.520 --> 01:46:45.520]  to do?
[01:46:45.520 --> 01:46:57.120]  Okay, well, after the cop does his process, it goes to the court.
[01:46:57.120 --> 01:47:03.520]  And I mean, if there is no authorization on the part of the cop, the whole-
[01:47:03.520 --> 01:47:04.520]  Okay.
[01:47:04.520 --> 01:47:07.200]  Whose job is it to tell the court there is no authorization?
[01:47:07.200 --> 01:47:13.080]  Is it the judges, is it the cops, or is it the defendants?
[01:47:13.080 --> 01:47:15.200]  I think it's mine, isn't it?
[01:47:15.200 --> 01:47:16.920]  It is.
[01:47:16.920 --> 01:47:23.000]  And then how do you do that in a way that he can't ignore?
[01:47:23.000 --> 01:47:28.360]  Do you just say it, or do you produce documentary evidence from, like, the Department of Public
[01:47:28.360 --> 01:47:34.680]  Safety and your public information request responses from the entity that this cop works
[01:47:34.680 --> 01:47:39.240]  for to show that they have not complied with law in order to be certified to do what they're
[01:47:39.240 --> 01:47:41.320]  doing?
[01:47:41.320 --> 01:47:47.240]  How are you proving to the judge that you're right and the cop is wrong?
[01:47:47.240 --> 01:47:48.880]  That was part of my question.
[01:47:48.880 --> 01:47:54.360]  So I called the Texas Department of Public Safety.
[01:47:54.360 --> 01:47:56.360]  What do you mean called?
[01:47:56.360 --> 01:47:59.160]  Well, I called to...
[01:47:59.160 --> 01:48:02.520]  Well, I actually emailed them first.
[01:48:02.520 --> 01:48:08.200]  And they had questions about my, you know, I asked them for a list of law enforcement
[01:48:08.200 --> 01:48:15.400]  officers in the city that was certified and authorized, you know, to do the consultation
[01:48:15.400 --> 01:48:16.400]  code.
[01:48:16.400 --> 01:48:18.280]  They had no response.
[01:48:18.280 --> 01:48:23.320]  They sent me to TECOL.
[01:48:23.320 --> 01:48:24.680]  Yeah.
[01:48:24.680 --> 01:48:27.760]  Here's the thing.
[01:48:27.760 --> 01:48:35.120]  I've got an entire set of public information requests that were designed specifically for
[01:48:35.120 --> 01:48:44.200]  requesting this information from the agencies, both the DPS, the municipal police department,
[01:48:44.200 --> 01:48:50.400]  the city, and the county and the county sheriff, okay, depending upon which type of officer
[01:48:50.400 --> 01:48:53.920]  it was, all right?
[01:48:53.920 --> 01:48:59.480]  That public information request, you get one from the DPS asking for this, and you always
[01:48:59.480 --> 01:49:00.600]  do this in writing.
[01:49:00.600 --> 01:49:03.880]  You don't ever do it by phone, okay?
[01:49:03.880 --> 01:49:09.400]  And if you do it in a public information request through email, then you need to word it correctly
[01:49:09.400 --> 01:49:11.480]  so that they can't blow you off.
[01:49:11.480 --> 01:49:18.560]  See, the Department of Public Safety has no business referring you to TECOL, none, because
[01:49:18.560 --> 01:49:24.120]  TECOL has nothing to do with their certification of police officers to enforce the transportation
[01:49:24.120 --> 01:49:25.400]  code.
[01:49:25.400 --> 01:49:32.240]  So depending upon what you actually said when you requested their certification, they could
[01:49:32.240 --> 01:49:36.120]  have interpreted that to mean anything they want as long as you weren't specific.
[01:49:36.120 --> 01:49:41.800]  They said, oh, well, you must be talking about his peace officer certification.
[01:49:41.800 --> 01:49:47.600]  You need to take that TECOL, okay?
[01:49:47.600 --> 01:49:53.200]  So if you are asking specifically for their certification to do roadside inspections and
[01:49:53.200 --> 01:50:01.400]  to enforce the transportation code statutes of this state, that falls squarely in their
[01:50:01.400 --> 01:50:02.400]  lap.
[01:50:02.400 --> 01:50:04.720]  They can't pass the buck on that one.
[01:50:04.720 --> 01:50:09.000]  But if you don't ask for that, they can shuttle it off in any direction they can get away
[01:50:09.000 --> 01:50:10.000]  with.
[01:50:10.000 --> 01:50:11.000]  Right.
[01:50:11.000 --> 01:50:20.040]  Well, I did say any law enforcement officers in the town that were authorized to enforce
[01:50:20.040 --> 01:50:21.040]  the transportation code.
[01:50:21.040 --> 01:50:23.440]  Is that not correct?
[01:50:23.440 --> 01:50:28.960]  No, because there's all kinds of ways to be authorized to do it.
[01:50:28.960 --> 01:50:34.040]  First off, they have to be certified by the Department of Public Safety before they can
[01:50:34.040 --> 01:50:38.400]  become authorized, okay?
[01:50:38.400 --> 01:50:41.280]  Now the way they're doing it is not that way.
[01:50:41.280 --> 01:50:46.920]  The municipalities and the counties are just authorizing their officers to just en masse
[01:50:46.920 --> 01:50:51.000]  enforce the transportation code, and they cannot do that.
[01:50:51.000 --> 01:50:56.400]  So not only do you need the certification from the Department of Public Safety, you
[01:50:56.400 --> 01:51:02.440]  need a list of all the officers that are currently certified under the specific section of the
[01:51:02.440 --> 01:51:08.120]  Texas Transportation Code and the Texas Administrative Code that requires that certification to
[01:51:08.120 --> 01:51:09.120]  be had.
[01:51:09.120 --> 01:51:10.120]  All right.
[01:51:10.120 --> 01:51:15.640]  And you must cite the administrative code as the basis for it, which is Rule 4.13 and
[01:51:15.640 --> 01:51:19.040]  4.13C, okay?
[01:51:19.040 --> 01:51:25.120]  And then state, I also need a copy of the memorandum of understanding between your department
[01:51:25.120 --> 01:51:33.600]  and this municipality and or this police department, because they have to have a memorandum of
[01:51:33.600 --> 01:51:39.920]  understanding in addition to the certifications.
[01:51:39.920 --> 01:51:44.600]  Because that memorandum of understanding ensures that the municipality knows what that police
[01:51:44.600 --> 01:51:54.920]  officer that just got certified as a DPS agent can and cannot legally do under the law.
[01:51:54.920 --> 01:52:02.400]  That is documentary proof that the municipality is not supervising its officers, or the police
[01:52:02.400 --> 01:52:08.440]  department is not properly supervising its officers, because it's letting them do things
[01:52:08.440 --> 01:52:13.440]  the memorandum of understanding clearly says they cannot do.
[01:52:13.440 --> 01:52:16.800]  And the statutes themselves say they cannot do.
[01:52:16.800 --> 01:52:18.600]  You clear?
[01:52:18.600 --> 01:52:26.520]  A little clearer.
[01:52:26.520 --> 01:52:27.520]  Okay.
[01:52:27.520 --> 01:52:28.920]  Where do I look up this memorandum of understanding?
[01:52:28.920 --> 01:52:31.160]  I've looked, I've read 640.
[01:52:31.160 --> 01:52:34.000]  It's in the administrative code.
[01:52:34.000 --> 01:52:36.400]  It's still under Rule 4.
[01:52:36.400 --> 01:52:43.240]  But I think it's like 4 point, it's either in the bottom of 4.13, 4.14, or 4.15.
[01:52:43.240 --> 01:52:46.080]  I can't remember which one it's in.
[01:52:46.080 --> 01:52:53.000]  But the PIRs that I have, if you want them, if you want copies of them that you can fill
[01:52:53.000 --> 01:52:58.800]  out and file with the proper, and remember there's a group of them, and you need to file
[01:52:58.800 --> 01:53:01.860]  the proper ones with the proper agency.
[01:53:01.860 --> 01:53:05.240]  You send the one for the DPS to the DPS.
[01:53:05.240 --> 01:53:09.800]  Then if you're dealing with a sheriff's deputy, you send the other one to the county and to
[01:53:09.800 --> 01:53:11.760]  the sheriff's department.
[01:53:11.760 --> 01:53:15.840]  Then the other one, if you're dealing with a municipal cop, you send it to the municipality
[01:53:15.840 --> 01:53:19.000]  and you send it to the municipal police department.
[01:53:19.000 --> 01:53:23.480]  I've got one written for each of those entities already there.
[01:53:23.480 --> 01:53:27.680]  All you got to do is fill it out where it's highlighted and file it.
[01:53:27.680 --> 01:53:28.680]  Cool.
[01:53:28.680 --> 01:53:31.700]  How would I get a hold of those?
[01:53:31.700 --> 01:53:33.560]  You email me and I will send them to you.
[01:53:33.560 --> 01:53:38.520]  Tell me you want the public information request relative to enforcement authority under the
[01:53:38.520 --> 01:53:44.000]  transportation code.
[01:53:44.000 --> 01:53:50.800]  I'm writing this down, under transportation code.
[01:53:50.800 --> 01:53:55.000]  Okay, that's an excellent, I didn't know all this.
[01:53:55.000 --> 01:53:58.800]  The only thing I knew was 644.101.
[01:53:58.800 --> 01:54:01.520]  Yeah, well, that's just it.
[01:54:01.520 --> 01:54:05.560]  They are required to get certified by the Department of Public Safety to enforce 644,
[01:54:05.560 --> 01:54:09.520]  and 644 is all they can enforce.
[01:54:09.520 --> 01:54:10.520]  That's it.
[01:54:10.520 --> 01:54:11.520]  Right.
[01:54:11.520 --> 01:54:12.520]  They can't enforce anything else.
[01:54:12.520 --> 01:54:16.160]  That's what that memorandum of understanding makes clear to them.
[01:54:16.160 --> 01:54:17.160]  Right.
[01:54:17.160 --> 01:54:18.160]  Okay.
[01:54:18.160 --> 01:54:19.160]  Excellent.
[01:54:19.160 --> 01:54:20.160]  Thank you.
[01:54:20.160 --> 01:54:26.200]  Let me ask you another question.
[01:54:26.200 --> 01:54:32.120]  Somebody just called and you told them to get them to put something in writing and then
[01:54:32.120 --> 01:54:38.120]  they can call under the mail for fraud?
[01:54:38.120 --> 01:54:39.120]  Yeah.
[01:54:39.120 --> 01:54:45.440]  Yeah, if they can get the entity they're suing for money damages to send them a statement
[01:54:45.440 --> 01:54:51.520]  in the mail that they have used her card and that these are all legitimate payments on
[01:54:51.520 --> 01:54:55.760]  that card, the moment they send her something saying, these are what we've charged you and
[01:54:55.760 --> 01:55:00.160]  they're all legitimate and they're not, that's mail fraud.
[01:55:00.160 --> 01:55:01.400]  Right.
[01:55:01.400 --> 01:55:08.400]  So these folks have been sending me letters, notices when the next hearing and the next
[01:55:08.400 --> 01:55:13.480]  trial date and all this kind of stuff with that commander, I mean, isn't this kind of
[01:55:13.480 --> 01:55:14.480]  fraud?
[01:55:14.480 --> 01:55:17.160]  I mean, I think committing fraud, they're not authorized.
[01:55:17.160 --> 01:55:22.880]  It's not mail fraud until you prove they knew what they were doing was illegal.
[01:55:22.880 --> 01:55:30.200]  Oh, so they could be doing this unknowingly and they wouldn't be fraud.
[01:55:30.200 --> 01:55:35.600]  The thing is, is they're doing everything they're doing knowingly, but they believe
[01:55:35.600 --> 01:55:41.760]  they're doing it more or less correctly because they don't know what the law is and they don't
[01:55:41.760 --> 01:55:47.800]  care because as long as no one is belting them upside the head with a sledgehammer from
[01:55:47.800 --> 01:55:53.480]  their hierarchy that can actually do something to them, they don't care.
[01:55:53.480 --> 01:55:59.640]  This is and always has been about money, the generation of revenue.
[01:55:59.640 --> 01:56:01.360]  It's not about justice.
[01:56:01.360 --> 01:56:03.080]  It's not about truth.
[01:56:03.080 --> 01:56:04.760]  It's not about any of that.
[01:56:04.760 --> 01:56:06.600]  It's about money.
[01:56:06.600 --> 01:56:14.200]  How much money can we defraud you out of under the color of law by what we're doing?
[01:56:14.200 --> 01:56:16.080]  Right.
[01:56:16.080 --> 01:56:22.200]  In order for you to get them for fraud, you've got to prove that they A, knew that what they
[01:56:22.200 --> 01:56:28.140]  were doing was being done under color of law and that it was being done under false pretenses
[01:56:28.140 --> 01:56:30.520]  and they were doing it anyway.
[01:56:30.520 --> 01:56:34.240]  That's a tall order.
[01:56:34.240 --> 01:56:35.840]  That is a tall order.
[01:56:35.840 --> 01:56:41.840]  See, there's a big difference between willfulness and just complete stupidity.
[01:56:41.840 --> 01:56:42.840]  Right.
[01:56:42.840 --> 01:56:45.840]  Legally speaking, anyway.
[01:56:45.840 --> 01:56:46.840]  Right.
[01:56:46.840 --> 01:56:47.840]  Okay.
[01:56:47.840 --> 01:56:54.800]  It was just a thought while she was brought that up and I just thought...
[01:56:54.800 --> 01:56:56.760]  Just a word to the wise.
[01:56:56.760 --> 01:57:01.340]  Until you can prove the judge colluded with the cop knowing the cop was not authorized,
[01:57:01.340 --> 01:57:03.440]  you don't have a claim against the judge.
[01:57:03.440 --> 01:57:09.560]  You do, however, have one against the cop for impersonating a public official.
[01:57:09.560 --> 01:57:14.520]  He cannot impersonate a person who is authorized to enforce that code when he's not authorized
[01:57:14.520 --> 01:57:17.640]  to enforce it.
[01:57:17.640 --> 01:57:20.680]  That's a crime in the state of Texas.
[01:57:20.680 --> 01:57:21.680]  Okay.
[01:57:21.680 --> 01:57:27.120]  Well, let me ask you this.
[01:57:27.120 --> 01:57:30.480]  So this is a municipal court.
[01:57:30.480 --> 01:57:36.560]  The judge is... It looks to me like he's just a lawyer that they put in as the court.
[01:57:36.560 --> 01:57:37.560]  You do the way it works.
[01:57:37.560 --> 01:57:42.680]  They either hire an attorney to be the city attorney and the judge or they hire a private
[01:57:42.680 --> 01:57:46.840]  one to come in and serve as the judge or the prosecutor, which is what this motion I'm
[01:57:46.840 --> 01:57:49.880]  working on is all about, beating up.
[01:57:49.880 --> 01:57:50.880]  Right.
[01:57:50.880 --> 01:57:54.560]  I heard that part.
[01:57:54.560 --> 01:57:57.280]  I turned in a challenge to subject matter in jurisdiction.
[01:57:57.280 --> 01:57:59.080]  That was the first thing I did.
[01:57:59.080 --> 01:58:00.080]  He ignored it.
[01:58:00.080 --> 01:58:01.080]  I got no response.
[01:58:01.080 --> 01:58:12.200]  Then when I went to the hearing, forced to go, he called it BS and just ignored it tonight.
[01:58:12.200 --> 01:58:17.760]  Without reading it, I couldn't tell you why he may have been right or wrong.
[01:58:17.760 --> 01:58:18.760]  That much I couldn't tell you.
[01:58:18.760 --> 01:58:21.800]  I'd have to read to see what you claimed when you wrote it.
[01:58:21.800 --> 01:58:22.800]  But I'm sorry, Jack.
[01:58:22.800 --> 01:58:23.800]  I got to let you go, man.
[01:58:23.800 --> 01:58:26.120]  We are at the end of the show and I am out of time.
[01:58:26.120 --> 01:58:30.280]  But thanks for calling in and hopefully I at least gave you an idea to go in.
[01:58:30.280 --> 01:58:31.280]  Yes, sir.
[01:58:31.280 --> 01:58:32.280]  Thank you very much.
[01:58:32.280 --> 01:58:33.280]  Very helpful.
[01:58:33.280 --> 01:58:34.280]  Have a good night.
[01:58:34.280 --> 01:58:35.280]  You're welcome.
[01:58:35.280 --> 01:58:36.280]  Have a good night.
[01:58:36.280 --> 01:58:37.280]  All right, folks.
[01:58:37.280 --> 01:58:38.280]  I'm sorry to the rest of the callers.
[01:58:38.280 --> 01:58:39.880]  I ran out of time to get to you, but I appreciate you nonetheless.
[01:58:39.880 --> 01:58:41.240]  Please call back in next Monday.
[01:58:41.240 --> 01:58:43.720]  I will be here unless something goes horribly wrong.
[01:58:43.720 --> 01:58:44.720]  All right, folks.
[01:58:44.720 --> 01:58:45.720]  Thank you for a great night.
[01:58:45.720 --> 01:58:47.720]  Have a great one.
[01:58:47.720 --> 01:58:50.760]  God bless.
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