ROL_2009-06-05_16k_Hr1-2.timecode

[00:00.000 --> 00:09.600]  The White House reached out to American Jewish leaders on the eve of Barack Obama's speech
[00:09.600 --> 00:16.020]  in Cairo, reaffirming U.S. support for Israel and envisioning a peace process devoid of
[00:16.020 --> 00:18.440]  rancor or ultimatums.
[00:18.440 --> 00:23.520]  The Israel Defense Forces Wednesday declared the area around the West Bank city of Nablus
[00:23.520 --> 00:28.760]  a closed military zone in order to prevent left-wing Israeli activists from entering
[00:28.760 --> 00:30.520]  the area.
[00:30.520 --> 00:36.360]  In Pakistan Friday, a suicide bomber killed at least 30 people and wounded 40 at a mosque
[00:36.360 --> 00:38.760]  in Pakistan's northwest.
[00:38.760 --> 00:43.400]  The attack occurred as the Pakistani army said it had made gains in the nearby Swat
[00:43.400 --> 00:53.560]  Valley that had decisively turned in the military's favor.
[00:53.560 --> 00:59.440]  European countries Wednesday agreed terms for taking in dozens of detainees from Guantanamo,
[00:59.440 --> 01:02.680]  boosting Barack Obama's plan to close the prison.
[01:02.680 --> 01:08.720]  After months of disagreement over how up to 60 detainees could take up residence in Europe,
[01:08.720 --> 01:14.920]  EU Interior Ministers agreed to security guidelines and a mechanism for sharing information on
[01:14.920 --> 01:16.400]  detainees.
[01:16.400 --> 01:22.160]  Individual EU states will now be able to accommodate detainees who are being cleared for release
[01:22.160 --> 01:27.520]  but cannot be repatriated for fear they will be killed, tortured or jailed.
[01:27.520 --> 01:32.240]  The US has long been seeking new homes for the inmates, with Washington stepping up the
[01:32.240 --> 01:35.560]  pressure when Obama announced the closure in January.
[01:35.560 --> 01:40.960]  Germany, Austria, the Netherlands and Scandinavian countries were alarmed about the ease with
[01:40.960 --> 01:44.800]  which immigrants could travel around the border-free EU.
[01:44.800 --> 01:50.000]  Wednesday's deal leaves it up to individual countries to decide whether to take inmates
[01:50.000 --> 02:07.960]  and furnish all other EU governments with information on the proposed immigrants.
[02:07.960 --> 02:12.480]  In the past four months, disability claims at the Department of Veterans Affairs grew
[02:12.480 --> 02:18.320]  by more than 100,000, bringing the mountainous backlog close to one million.
[02:18.320 --> 02:23.120]  The backlog has become so dire that veterans now wait an average of six months to receive
[02:23.120 --> 02:28.160]  disability benefits and as long as four years for appeals to be heard in cases where their
[02:28.160 --> 02:29.720]  benefits were denied.
[02:29.720 --> 02:34.280]  Representative Tim Walz, a member of the House Veterans Affairs Committee, said during a
[02:34.280 --> 02:40.240]  hearing in March, the VA is almost criminally behind in processing claims.
[02:40.240 --> 02:44.280]  Overhauling the VA represents one of the most daunting challenges facing the Obama
[02:44.280 --> 02:45.280]  administration.
[02:45.280 --> 02:49.840]  The Bush administration, which stacked the agency with political cronies and kept the
[02:49.840 --> 02:55.000]  agency underfunded and wrapped in bureaucratic red tape, placed the interests of veterans
[02:55.000 --> 03:23.560]  last on its list of priorities.
[03:23.560 --> 03:42.840]  They
[03:42.840 --> 03:47.840]  for Texas Attorney General. He has some great ideas for Texas, so let's show our support.
[03:47.840 --> 03:52.840]  Again, the event will begin at 7 p.m. this Saturday, June 6th. If you have any questions,
[03:52.840 --> 03:59.840]  please call the bookstore at 512-480-2503, and be sure to go to bravenewbookstore.com.
[03:59.840 --> 04:11.840]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[04:29.840 --> 04:32.840]  We lose every time we don't come for you.
[04:35.840 --> 04:39.840]  Tell me, whatcha gonna do, whatcha gonna do?
[04:41.840 --> 04:42.840]  Yeah!
[04:43.840 --> 04:48.840]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[04:48.840 --> 04:54.840]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[04:54.840 --> 04:59.840]  When you were eight and you had bad dreams, you'd go to school and learn the golden rules.
[04:59.840 --> 05:05.840]  So why are you acting like a bloody fool? If you get high, then you must get cool.
[05:05.840 --> 05:10.840]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[05:10.840 --> 05:16.840]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[05:16.840 --> 05:21.840]  You took it on that one, you took it on this one, you took it on your mother and you took it on your father.
[05:21.840 --> 05:24.840]  You took it on your brother and you took it on your sister.
[05:24.840 --> 05:27.840]  You took it on that one and you took it on me.
[05:27.840 --> 05:31.840]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[05:31.840 --> 05:38.840]  Whatcha gonna do when Randy, Eddie, and Deborah come for you?
[05:39.840 --> 05:46.840]  We are here on Friday evening, June 5th. This is the Rule of Law on Rule of Law Radio.
[05:46.840 --> 05:48.840]  We've got Eddie Craig with us tonight.
[05:48.840 --> 05:52.840]  We're gonna be going over some more revelations in the traffic code.
[05:52.840 --> 05:55.840]  Tonight we're gonna expand it to the federal level.
[05:55.840 --> 06:02.840]  I'm sorry, Eddie is gonna go over the Federal Motor Carrier Code, Title 49.
[06:02.840 --> 06:10.840]  And this has to do with where our state gets its definitions for some of these terms, right, Eddie?
[06:10.840 --> 06:12.840]  That's right.
[06:12.840 --> 06:19.840]  What we want to talk about, if any of you have access to the Internet and can get to the Texas Administrative Code,
[06:19.840 --> 06:28.840]  go to Title 37, Part 1, Chapter 4, Subchapter B, Rule 4.11.
[06:28.840 --> 06:35.840]  And what this is dealing with is commercial vehicle regulations and enforcement procedures under the Texas Department of Public Safety,
[06:35.840 --> 06:40.840]  regulations governing transportation safety, general applicability and definitions.
[06:40.840 --> 06:46.840]  General, the Director of the Texas Department of Public Safety incorporates, by reference,
[06:46.840 --> 06:59.840]  the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387,
[06:59.840 --> 07:12.840]  390 through 393, and 395 through 397, including all interpretations thereto as amended through April 1, 2008.
[07:12.840 --> 07:20.840]  All other references in this subchapter to the Code of Federal Regulations also refer to amendments and interpretations issued through April 1, 2008.
[07:20.840 --> 07:30.840]  The rules adopted herein are to ensure that, and it goes on to discuss the commercial motor vehicles and so on and so forth.
[07:30.840 --> 07:34.840]  Now, let's take a look real quick at where we are.
[07:34.840 --> 07:38.840]  And remember, it said that it was 395 through 397.
[07:38.840 --> 07:50.840]  If we go to the Title 49 of the United States Code and we look up 49 CFR 395.1, scope of the rules in this part,
[07:50.840 --> 07:57.840]  A, general, sub-item 1, the rules in this part apply to all motor carriers and drivers,
[07:57.840 --> 08:02.840]  except as provided in paragraphs B through Q of this section.
[08:02.840 --> 08:15.840]  Now, if we go all the way down in this section, all the way down to where it says travel time under the definitions,
[08:15.840 --> 08:25.840]  and we look at what it says, when a property carrying commercial motor vehicle driver at the direction of the motor carrier is traveling
[08:25.840 --> 08:33.840]  but not driving or assuming any other responsibility to the carrier, such time must be counted as on duty time
[08:33.840 --> 08:40.840]  unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination,
[08:40.840 --> 08:45.840]  in which case he, she must be considered off duty for the entire period.
[08:45.840 --> 08:52.840]  And then right below that, when a passenger carrying commercial motor vehicle driver at the direction of the motor carrier is
[08:52.840 --> 08:57.840]  traveling but not driving or assuming any other responsibility to the carrier,
[08:57.840 --> 09:08.840]  such time must be counted as on duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at the destination.
[09:08.840 --> 09:16.840]  Now, basically what that's doing is it's distinguishing between when the driver of this commercial vehicle is actually operating the
[09:16.840 --> 09:26.840]  vehicle on behalf of the carrier, meaning in commerce, versus when they're actually running empty or just on a return trip with no load
[09:26.840 --> 09:28.840]  or something of that effect.
[09:28.840 --> 09:37.840]  Basically, when they're on the road but they're not actually actively engaged in commerce, they are considered to be traveling, not driving.
[09:37.840 --> 09:46.840]  Now, we've covered this before and I actually mentioned in previous shows that the Code of Federal Regulations Title 49 actually did
[09:46.840 --> 09:49.840]  address this in a lot of different ways.
[09:49.840 --> 09:56.840]  There is a very interesting definition of driver that's under Title 49.
[09:56.840 --> 09:59.840]  Let me see if this particular section has it.
[09:59.840 --> 10:10.840]  I don't think it does, but let me see here.
[10:10.840 --> 10:11.840]  Driver.
[10:11.840 --> 10:26.840]  This would seem to be the section of the code or a section of code that would give us a very clear argument between traveling and driving that even a judge could understand.
[10:26.840 --> 10:36.840]  And on top of that, both the transportation code and the administrative code for the Department of Public Safety specifically state that it is
[10:36.840 --> 10:40.840]  deriving its information from this federal code.
[10:40.840 --> 10:57.840]  Therefore, the state definitions, if they're saying that they interpret or they integrate by reference all of these definitions, then they're granting override power in case of conflict to the federal regulation.
[10:57.840 --> 10:58.840]  Let's see.
[10:58.840 --> 11:00.840]  Okay, wait, wait, wait.
[11:00.840 --> 11:09.840]  Is there anything in the Texas transportation code that addresses hierarchy of definition?
[11:09.840 --> 11:10.840]  No.
[11:10.840 --> 11:13.840]  What it says is the same thing it says here, Randy.
[11:13.840 --> 11:28.840]  It says Code of Federal Regulations, including all interpretations thereto, okay, incorporates by reference the Federal Motor Carrier Safety Regulations of Title 49,
[11:28.840 --> 11:33.840]  and it gives this specific subsection of 395 through 397.
[11:33.840 --> 11:44.840]  Now, knowing one of these other sections that it's got listed here, it gives a definition of driver and it makes it very clear that a driver is someone that is operating a commercial vehicle.
[11:44.840 --> 12:03.840]  What I'm getting to is if there is a definition within a specific section, then that definition would be the one that governs, but if there's not a specific definition within that section, then the federal definition would govern.
[12:03.840 --> 12:05.840]  Is that the case?
[12:05.840 --> 12:15.840]  Well, it depends on if you're going how you try to apply the incorporates by reference here.
[12:15.840 --> 12:29.840]  If it's saying that it incorporates it by reference, then it's not showing specifically who is to be given preferential treatment, whether it's the local provision or it's the federal provision.
[12:29.840 --> 12:44.840]  But since the administrative code tells them how they are to operate versus the transportation code itself, I'm wondering how they would have to organize it at that level.
[12:44.840 --> 12:56.840]  In your reading of the code, have you found any places where there was a glaring difference between the state definition and the federal definition?
[12:56.840 --> 13:10.840]  Well, what they've done in the state definition, take for instance motor vehicle, they have conveniently left out the words that the federal definition almost always uses and that is common carrier.
[13:10.840 --> 13:17.840]  What they do use in place of common carrier is transport.
[13:17.840 --> 13:35.840]  So they've made it slightly different even though the actual application would be the same. Since they appear to be synonymous, then we should still be able to pull the common carrier term from the Fed and add it to it just for clarity.
[13:35.840 --> 13:48.840]  Well, what I'm getting at, if there are no, has the state crafted their definition so that there's no direct conflict with federal definitions?
[13:48.840 --> 14:07.840]  Well, I would presume they would have to since they're relying on them as the source because the only place where we read about any type of conflict between definitions is in the government code general reference versus the local reference.
[14:07.840 --> 14:15.840]  That's the only place I've found where it says if there's a conflict and it's irreconcilable, then the local provision has that.
[14:15.840 --> 14:25.840]  Eddie, if they're drawing on the federal code to construct the state code, wouldn't they also be using the same definitions?
[14:25.840 --> 14:30.840]  It depends on what they're trying to hide behind when they do it, Deborah, to tell you the truth.
[14:30.840 --> 14:41.840]  I mean, look at what they did with driver's license, the term driver's license, a definition for that used to not exist prior to 1963 in the code.
[14:41.840 --> 14:46.840]  It was always an occupational license or a chauffeur's license or a commercial driver's license.
[14:46.840 --> 14:49.840]  It was something specific to an occupation.
[14:49.840 --> 15:00.840]  Then they changed it because there was three Texas court cases or four that said there's no such thing in Texas law as a driver's license, so they made one up.
[15:00.840 --> 15:09.840]  Now there's a definition for it, but all they did was take the three different type of occupational license and put them under one name.
[15:09.840 --> 15:15.840]  And now they call it an occupational license slash driver's license.
[15:15.840 --> 15:27.840]  And that's where we can tie right back into the commercial aspect because a driver previously was a chauffeur, a bus driver, or some other type of commercially active individual.
[15:27.840 --> 15:32.840]  Okay, Craig, you were looking up something and I didn't mean to pull you away from it.
[15:32.840 --> 15:34.840]  His name is Eddie.
[15:34.840 --> 15:37.840]  It's okay. I'm used to that from the military.
[15:37.840 --> 15:40.840]  We've got two names, two first names.
[15:40.840 --> 15:41.840]  Yeah, I know.
[15:41.840 --> 15:43.840]  I think Craig is his last name.
[15:43.840 --> 15:45.840]  Yes, that would be me.
[15:45.840 --> 15:47.840]  Well, I was in the military.
[15:47.840 --> 15:51.840]  Stand down, Craig.
[15:51.840 --> 15:52.840]  All right.
[15:52.840 --> 15:53.840]  Let me pull this up now.
[15:53.840 --> 16:08.840]  Here in the transportation code, if we actually look how many times Title 49 is referenced within the transportation code, we get 32 different hits, 32 different chapters, and all of them deal with 501,
[16:08.840 --> 16:19.840]  Certificate of Title Act, 502, Registration of Vehicles, 521, Driver's Licenses, 522, Commercial Driver's Licenses, 543, our favorite section, Randy,
[16:19.840 --> 16:25.840]  Arrest and Prosecution of Violators, 545, Operation and Movement of Vehicles.
[16:25.840 --> 16:35.840]  I mean, dang near 32 chapters at least of the transportation code referenced Title 49 for something within its composition.
[16:35.840 --> 16:36.840]  Okay, well, wait a minute.
[16:36.840 --> 16:37.840]  Let's hold that thought, guys.
[16:37.840 --> 16:39.840]  We're going to break now.
[16:39.840 --> 16:40.840]  All right.
[16:40.840 --> 16:44.840]  We're going over Title 49, the Federal Motor Carrier Code.
[16:44.840 --> 16:46.840]  We will be right back.
[16:46.840 --> 16:53.840]  This is the rule of law, Randy Kelton and Deborah Stevens with Eddie Craig talking about the traffic code.
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[18:26.840 --> 18:48.840]  Okay.
[18:48.840 --> 18:49.840]  We are back.
[18:49.840 --> 19:01.840]  This is the rule of law, Randy Kelton and Deborah Stevens with Mr. Eddie Craig, and we are talking about the traffic code.
[19:01.840 --> 19:09.840]  And, Eddie, you were just about to go into Section 543 regarding the Notice to Appear and how it relates to Title 49.
[19:09.840 --> 19:10.840]  Yeah.
[19:10.840 --> 19:16.840]  The Section 543.007, Notice to Appear, Commercial Vehicle or License.
[19:16.840 --> 19:29.840]  Now, notice that this can appear to apply to only one side unless you realize that both types of driver's licenses in Texas are commercial licenses.
[19:29.840 --> 19:43.840]  The difference between an occupational license and a commercial driver's license is only the capacity and weight and number of axles that the vehicle you're allowed to operate can consist of.
[19:43.840 --> 19:46.840]  But they're both still commercial licenses.
[19:46.840 --> 19:51.840]  So if you read this for what that's worth, Notice to Appear, Commercial Vehicle or License.
[19:51.840 --> 20:05.840]  A Notice to Appear issued to the operator of a commercial motor vehicle or holder of a commercial driver's license or commercial driver learner's permit for the violation of a law regulating the operation of vehicles on highways
[20:05.840 --> 20:20.840]  must contain the information required by Department rule to comply with Chapter 522 and the Federal Commercial Motor Vehicle Safety Act of 1986, Title 49, USC, Section 2701.
[20:20.840 --> 20:22.840]  Okay.
[20:22.840 --> 20:36.840]  Now, let's see. If we actually go into Chapter 522 for commercial driver's licenses, we can see that Endorsements 522.042, Endorsements Offense.
[20:36.840 --> 20:54.840]  The Department may issue a commercial driver's license with endorsements and Sub-Item 1, authorizing the driving of a vehicle transporting hazardous materials subject to the requirements of Title 49 CFR, Part 1572.
[20:54.840 --> 21:13.840]  And then the rest of these go down, Chapter 548, Chapter 642, Motor Carrier Registration, Identifying Markings on Commercial Motor Vehicles, Compulsory Inspection of Vehicles, Chapter 22, Funding and Federal Aid.
[21:13.840 --> 21:16.840]  That was very interesting.
[21:16.840 --> 21:29.840]  And basically that's it. The only thing I really wanted to point out is that within what we have, there is a federal distinction between traveling and driving.
[21:29.840 --> 21:43.840]  That federal distinction applies to the State Transportation Code and to the Department of Public Safety's administration of the Transportation Code per the Texas Administration Code itself.
[21:43.840 --> 21:58.840]  So one of the things I've done in a court trial before is attempt to make that link when I ask the officer, is there any federal definitions to which the Transportation Code applies?
[21:58.840 --> 22:06.840]  The prosecuting attorney jumps up and states, objection, objection, no foundation.
[22:06.840 --> 22:13.840]  Basically what I had failed to do before then was lay the proper foundation for the State Code pointing to the Federal Code.
[22:13.840 --> 22:17.840]  And I corrected that when he brought that up through his objection.
[22:17.840 --> 22:20.840]  And I thank him very much for that.
[22:20.840 --> 22:22.840]  So that's just one of the things.
[22:22.840 --> 22:32.840]  And we can go on with whatever else you all would like to talk about tonight, but I just wanted to make sure that everybody was aware that the Federal Code does add directives to our Transportation Code
[22:32.840 --> 22:37.840]  and to the Department of Public Safety's enforcement of that code.
[22:37.840 --> 22:38.840]  Okay.
[22:38.840 --> 22:52.840]  You had, we had talked about a brief on this subject and frankly, a transcript of this show and a couple others would actually act as a brief.
[22:52.840 --> 23:03.840]  Have you, on the definitions, have you done any case law study on these codes concerning the definitions?
[23:03.840 --> 23:06.840]  I have tried off and on.
[23:06.840 --> 23:08.840]  I can find lots of cases.
[23:08.840 --> 23:13.840]  My biggest problem is figuring out how to run that Lexus site to get the proper return.
[23:13.840 --> 23:18.840]  I'm always getting 2,000 plus hits on something instead of something specific.
[23:18.840 --> 23:27.840]  I've tried to go through and do section searches and everything else on it, and I'm missing something out of the way to narrow and refine my search.
[23:27.840 --> 23:42.840]  One thing is to go to search by source, go down and select the statutes, select Transportation Code, and you can pull up the specific statute you're looking at,
[23:42.840 --> 23:45.840]  and it'll give you the statute with annotations.
[23:45.840 --> 23:46.840]  Okay.
[23:46.840 --> 23:49.840]  And that'll bring you up close to point.
[23:49.840 --> 24:03.840]  A lot of times when I'm trying to find a case on a new point, and anybody who's ever done legal research out there knows that the hardest thing to find is that first case on point.
[24:03.840 --> 24:08.840]  I oftentimes use the scream and cuss method.
[24:08.840 --> 24:11.840]  It doesn't help, but it makes me feel better.
[24:11.840 --> 24:12.840]  Yeah.
[24:12.840 --> 24:26.840]  When I run every word I can think of and get nothing, one of the things I need to look at is American Jurisprudence, one of the legal encyclopedias.
[24:26.840 --> 24:33.840]  The legal encyclopedias has words and phrases, and a lot of times those are very helpful.
[24:33.840 --> 24:39.840]  I couldn't find words and phrases in Lexus, but I'll keep looking.
[24:39.840 --> 24:48.840]  Yeah, American Jurisprudence actually has a lot of good information on the right to travel, a lot of good information.
[24:48.840 --> 24:52.840]  And since it is, how's it put, the conscience of the law?
[24:52.840 --> 25:07.840]  Even though a lot of lawyers don't seem to put a lot of stock in American Jurisprudence, there's a reason that book exists, and the higher up the chain you go, the more important that reason becomes.
[25:07.840 --> 25:24.840]  Well, yeah, American Jurisprudence is an encyclopedia, and that's one of the first places you go when you're doing legal research, except now we have the internet, which is the best encyclopedia out there.
[25:24.840 --> 25:44.840]  But if you don't get a good hit there, then the next place to go is one of the, West has one, there's American Jurisprudence, there's Federal Digest, and there's Texas Digest.
[25:44.840 --> 25:56.840]  In the legal library, the Texas Digest all be light blue. I use those a lot, and the first place to go is the words and phrases, and you try to find a word you know will come up in the case.
[25:56.840 --> 26:02.840]  How they did legal research before we had online searches, I don't know, it had to be really tough.
[26:02.840 --> 26:09.840]  Didn't they have those scribes with the quill pens they could send off on these little forays into the scrolls?
[26:09.840 --> 26:21.840]  Yeah, that was, the legal libraries used to be full, now they're empty. The one here in North Carolina, they just shut it down.
[26:21.840 --> 26:33.840]  Closing it and destroying all of the books, the librarian was irate that all of these old irreplaceable books, they were destroying them.
[26:33.840 --> 26:36.840]  Didn't you go over to U-Haul and have them loaded up?
[26:36.840 --> 26:40.840]  Well, I mean, it seems like they could at least sell them or auction them off or something.
[26:40.840 --> 26:47.840]  Or donate them to museums or to libraries.
[26:47.840 --> 26:49.840]  Well, who was destroying them?
[26:49.840 --> 27:01.840]  The state was, and what the librarian was claiming is they didn't want anybody seeing these, because there was a lot of stuff in there that couldn't be found anywhere else.
[27:01.840 --> 27:10.840]  She was a hoot, I really like this woman, went down there and the internet search engine wasn't working.
[27:10.840 --> 27:19.840]  And she said, well, we have books, you can read books, can't you?
[27:19.840 --> 27:22.840]  Well, yeah, as a matter of fact, I can.
[27:22.840 --> 27:28.840]  And she said, you may be surprised, you might find more stuff in books than you find on the internet.
[27:28.840 --> 27:30.840]  Generally, that's true.
[27:30.840 --> 27:32.840]  She was right.
[27:32.840 --> 27:34.840]  That was the worst part.
[27:34.840 --> 27:39.840]  Yeah, I've kind of realized, I've kind of known that for a long time.
[27:39.840 --> 27:42.840]  Anyway, are our phones open?
[27:42.840 --> 27:44.840]  Yes, they are.
[27:44.840 --> 27:49.840]  Oh, I'd also like to take this opportunity to give a shout out to Tim Walrich.
[27:49.840 --> 27:55.840]  Tim, that O'Connor's Causes of Action has arrived and I have been making my eyes bleed reading it.
[27:55.840 --> 27:58.840]  Thank you very much for the book.
[27:58.840 --> 28:11.840]  Causes of Action is, for me, it was a real eye-opener because when I read Causes of Action, it was like reading the penal code.
[28:11.840 --> 28:17.840]  You read the penal code and the Code of Criminal Procedure and then you go to the Rules of Civil Procedure.
[28:17.840 --> 28:20.840]  Well, there's something left out.
[28:20.840 --> 28:27.840]  You've got Rules of Criminal Procedure, which is the Code of Criminal Procedure, and you've got Penal Code.
[28:27.840 --> 28:33.840]  We needed a Penal Code to go with the Rules of Civil Procedure and we've got one.
[28:33.840 --> 28:36.840]  It's Causes of Action.
[28:36.840 --> 28:46.840]  When you sue in a civil setting, you use a Cause of Action like a statute in a criminal setting.
[28:46.840 --> 28:49.840]  This is the claim you make.
[28:49.840 --> 28:55.840]  If you don't make a claim under a Cause of Action, you don't make a claim.
[28:55.840 --> 29:00.840]  You can't just say, the guy's a dirty, rotten skunk and he did me wrong.
[29:00.840 --> 29:02.840]  That's not good enough.
[29:02.840 --> 29:08.840]  We have to frame our accusation in the terms of a Cause of Action.
[29:08.840 --> 29:13.840]  Just like a penal statute, a Cause of Action has elements.
[29:13.840 --> 29:25.840]  When you write a civil action, you generally put in a brief statement of facts.
[29:25.840 --> 29:31.840]  What most procès do is they tell the court the facts.
[29:31.840 --> 29:34.840]  This is what the dirty rats did to me.
[29:34.840 --> 29:36.840]  But then they stop.
[29:36.840 --> 29:39.840]  Speaking of stopping, we've got to stop for a break.
[29:39.840 --> 29:44.840]  We've got Steve Skidmore on the line also so when we come back, Randy will finish up on his topic
[29:44.840 --> 29:46.840]  and then we'll take Steve's call.
[29:46.840 --> 29:51.840]  Callers, if you'd like to call in, 512-646-1984.
[29:51.840 --> 29:58.840]  We will be right back after this break.
[29:58.840 --> 30:03.840]  Gold prices are at historic highs and with the recent pullback, this is a great time to buy.
[30:03.840 --> 30:09.840]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in rural financial systems,
[30:09.840 --> 30:11.840]  I see gold going up much higher.
[30:11.840 --> 30:14.840]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:14.840 --> 30:18.840]  Everybody should have some of their assets in investment grade precious metals.
[30:18.840 --> 30:23.840]  At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence from a brokerage
[30:23.840 --> 30:27.840]  that specialized in the precious metals market since 1977.
[30:27.840 --> 30:32.840]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision.
[30:32.840 --> 30:35.840]  Whether or not you choose to purchase from us.
[30:35.840 --> 30:38.840]  Also, Roberts and Roberts Brokerage values your privacy
[30:38.840 --> 30:43.840]  and will always advise you in the event that we would be required to report any transaction.
[30:43.840 --> 30:48.840]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[30:48.840 --> 30:52.840]  Call us at 800-874-9760.
[30:52.840 --> 31:12.840]  We are Roberts and Roberts Brokerage, 800-874-9760.
[31:12.840 --> 31:22.840]  We are Roberts Brokerage.
[31:42.840 --> 31:52.840]  Thank you for watching.
[32:12.840 --> 32:18.840]  All right, we are back.
[32:18.840 --> 32:21.840]  The rule of law, Randy Kelton and Deborah Stevens.
[32:21.840 --> 32:24.840]  We are here with Eddie Craig.
[32:24.840 --> 32:30.840]  We're taking your calls here on Friday evening, our four hour info marathon.
[32:30.840 --> 32:33.840]  And we've got Steve Skidmore on the line.
[32:33.840 --> 32:36.840]  So we're going to go to Steve's call right now.
[32:36.840 --> 32:42.840]  Hold just a second. Let me finish a thought. I kind of forgot in the break.
[32:42.840 --> 32:49.840]  I was talking about pro se's right civil cases.
[32:49.840 --> 32:55.840]  And they go through this litany under the guise of a statement of facts of all the rotten stuff the other side did to them.
[32:55.840 --> 32:57.840]  And then they kind of stop.
[32:57.840 --> 33:06.840]  Now, an attorney will do that. And once he's got that done, then he'll say first cause of action.
[33:06.840 --> 33:13.840]  And he will state a very specifically defined cause of action and then the next cause of action and the next cause of action.
[33:13.840 --> 33:21.840]  And these cause of actions will be stated in the terms of the elements of the causes of action.
[33:21.840 --> 33:25.840]  And they will be based on the statement of facts that preceded it.
[33:25.840 --> 33:31.840]  And the reason I keep saying this is we're trying to get any pro se's who filed to make sure they include that.
[33:31.840 --> 33:43.840]  And one other thing that I just came across in a pleading, I read a pleading that I thought I told I was talking to Dr. Vieth about it.
[33:43.840 --> 33:51.840]  And I told him when I was reading it, I was hoping that I hadn't written that one because I had helped work on this particular issue.
[33:51.840 --> 33:59.840]  Because if I had written something that good and forgot about it, I think I'd just go shoot myself.
[33:59.840 --> 34:04.840]  But I hadn't written it. It was a very well written brief.
[34:04.840 --> 34:09.840]  But it wasn't intended as a brief. It was intended as a motion for summary judgment.
[34:09.840 --> 34:12.840]  It was one problem with it.
[34:12.840 --> 34:17.840]  They made a great argument. They never just never asked for summary judgment.
[34:17.840 --> 34:23.840]  When you file a pleading, you've got to ask for something.
[34:23.840 --> 34:28.840]  Tell the judge what you want and what you want him to do.
[34:28.840 --> 34:37.840]  Now, I know that sounds incredibly basic, but I am surprised at how often that's missing.
[34:37.840 --> 34:40.840]  Anyway, okay. Let's go to Steve.
[34:40.840 --> 34:43.840]  All right. We're going to go to Steve Skidmore.
[34:43.840 --> 34:46.840]  Steve, thanks for calling in. What's on your mind tonight?
[34:46.840 --> 34:51.840]  I'd like to start, Randy. I called last night and you asked me where I got that.
[34:51.840 --> 34:56.840]  What I'm referring to is the three essential elements of a crime.
[34:56.840 --> 35:07.840]  It struck me this afternoon at work that it was through Mark Stevens that I got those three elements of a crime.
[35:07.840 --> 35:21.840]  Now, to move on, I'd like to thank everybody on the rule of law radio for sharing your due diligence with us, the ignorant out here.
[35:21.840 --> 35:26.840]  I've been studying law for a while and it seems that I've got quite a bit of studying yet to do.
[35:26.840 --> 35:32.840]  Mr. Craig, I have a situation.
[35:32.840 --> 35:39.840]  I'm going head-to-head with my mortgage company in a federal court.
[35:39.840 --> 35:43.840]  In order to enter the federal court, I'm going to have to show valid ID.
[35:43.840 --> 35:48.840]  In order to show valid ID, I'm going to have to go secure this alleged ID.
[35:48.840 --> 35:58.840]  In order to do that, I'm going to have to take care of some very old tickets that I have accumulated over a period of time.
[35:58.840 --> 36:07.840]  My question for you is have you had any success or know of anybody who has had any success dealing with these issues
[36:07.840 --> 36:11.840]  and getting their records expunged through the mails?
[36:11.840 --> 36:22.840]  The reason I ask this is that since these have been three years in the making, I am absolutely certain that I have warrants out.
[36:22.840 --> 36:28.840]  I've been just kind of skating along, just not allowing the court's interim jurisdiction by showing up.
[36:28.840 --> 36:33.840]  But now I'm facing a situation here where I've got to deal with these things,
[36:33.840 --> 36:40.840]  and I'm relatively certain that if I show up to court to deal with these things, I'm going to go bye-bye for a little while,
[36:40.840 --> 36:43.840]  and I cannot afford to do that right now.
[36:43.840 --> 36:50.840]  Well, the only thing I can tell you is first and foremost, did you ever check to see if there was a copy of a complaint
[36:50.840 --> 36:54.840]  or an indictment or information filed in your cases?
[36:54.840 --> 36:58.840]  No, I did not.
[36:58.840 --> 37:02.840]  Here's the problem with that.
[37:02.840 --> 37:08.840]  It will be in the hands of the magistrate who issued the warrant.
[37:08.840 --> 37:15.840]  And while 1730 requires him to send all the documents to the clerk of the court, they don't do that.
[37:15.840 --> 37:25.840]  So in the real world we live in, that warrant and that filing will be in the hands of the clerk of the court
[37:25.840 --> 37:29.840]  of the magistrate that issued the warrant.
[37:29.840 --> 37:41.840]  So you'd have to go to every magistrate, and they are reluctant to release a warrant if it hasn't been executed.
[37:41.840 --> 37:51.840]  Now, the law says they must make it public immediately after it's executed.
[37:51.840 --> 37:55.840]  So that tells them when they're to make it public.
[37:55.840 --> 38:01.840]  So they take that to mean they don't have to make it public until it's executed.
[38:01.840 --> 38:06.840]  And that's so that the bad guy don't find out he's got a warrant and hit the road.
[38:06.840 --> 38:12.840]  Now, wait a minute, I have a question, Steve. Since this is a federal court and you need an ID,
[38:12.840 --> 38:17.840]  I don't know if there's anything saying that it has to be a state driver's license or a state ID.
[38:17.840 --> 38:21.840]  Can you just bring your passport? Would that suffice?
[38:21.840 --> 38:24.840]  And that way you wouldn't have to deal with these tickets?
[38:24.840 --> 38:26.840]  Passport can't be used for ID.
[38:26.840 --> 38:31.840]  Passport cannot be used for ID. Since when?
[38:31.840 --> 38:32.840]  That's what he's saying.
[38:32.840 --> 38:34.840]  That's what he says.
[38:34.840 --> 38:35.840]  There's another way of doing this.
[38:35.840 --> 38:37.840]  Wait a minute, no, I want my question answered.
[38:37.840 --> 38:44.840]  Since when is a passport not an ID and who says it's not an ID and where is it not an ID?
[38:44.840 --> 38:45.840]  That's okay.
[38:45.840 --> 38:49.840]  That's what everyone that I've talked to about it has said that over and over,
[38:49.840 --> 38:53.840]  that the federal government says you can't use a passport as ID.
[38:53.840 --> 38:57.840]  I've been using a passport for actually an expired passport.
[38:57.840 --> 39:02.840]  All the laws I know of for any old lady to use a passport for state and federal.
[39:02.840 --> 39:05.840]  Yeah, I've been using my passport.
[39:05.840 --> 39:08.840]  If I'm wrong, I'd be glad to get that straightened out.
[39:08.840 --> 39:10.840]  All right, okay, you're in Texas?
[39:10.840 --> 39:11.840]  Yes, sir.
[39:11.840 --> 39:12.840]  Okay.
[39:12.840 --> 39:17.840]  These allegations, are they above the level of the Class D misdemeanor?
[39:17.840 --> 39:21.840]  No license, no-
[39:21.840 --> 39:23.840]  They all Class D?
[39:23.840 --> 39:26.840]  All this crap.
[39:26.840 --> 39:28.840]  Wait, primarily tickets?
[39:28.840 --> 39:29.840]  Yes.
[39:29.840 --> 39:31.840]  Okay, here's the deal.
[39:31.840 --> 39:33.840]  They're basically tickets.
[39:33.840 --> 39:43.840]  Okay, a jurisdiction will not post a warrant on a computer that's further away
[39:43.840 --> 39:46.840]  than they want to transport.
[39:46.840 --> 39:53.840]  Like in Dallas, there's a 15 county regional computer system.
[39:53.840 --> 40:03.840]  And generally on a ticket, the city or whoever issued it won't post that warrant
[40:03.840 --> 40:09.840]  on that computer because if they're on one side of the regional area
[40:09.840 --> 40:12.840]  and someone gets picked up on the other side of the regional area,
[40:12.840 --> 40:16.840]  they have to pay to transport it from one side to the other.
[40:16.840 --> 40:17.840]  Correct.
[40:17.840 --> 40:24.840]  Or if it's outside the regional area, it won't show up at all.
[40:24.840 --> 40:32.840]  So if you go to an area that's say 100 miles from where you got the tickets
[40:32.840 --> 40:39.840]  and go in and take a birth certificate, I know you may object to them,
[40:39.840 --> 40:47.840]  but they'll use that to give you a Texas ID.
[40:47.840 --> 40:51.840]  I got one in my pocket, cost 10 bucks.
[40:51.840 --> 40:55.840]  All the other information they want to drag out of you to get that ID.
[40:55.840 --> 40:57.840]  They want everything they want for the driver's license.
[40:57.840 --> 40:59.840]  No, they didn't ask for driver's license.
[40:59.840 --> 41:06.840]  All they asked for was name, address, two forms of ID.
[41:06.840 --> 41:13.840]  I gave them a credit card and a birth certificate.
[41:13.840 --> 41:15.840]  They were happy.
[41:15.840 --> 41:19.840]  You think a credit card makes an ID, but a passport doesn't?
[41:19.840 --> 41:20.840]  You are nippy.
[41:20.840 --> 41:21.840]  Yeah, who?
[41:21.840 --> 41:22.840]  What are you talking about?
[41:22.840 --> 41:24.840]  I've never heard of anything like this before.
[41:24.840 --> 41:25.840]  This is what I've been told.
[41:25.840 --> 41:27.840]  This is what I've held.
[41:27.840 --> 41:31.840]  You can actually use a utility bill to buy a gun.
[41:31.840 --> 41:38.840]  Yeah, a utility bill establishes residency.
[41:38.840 --> 41:41.840]  Well, the other thing is here's the deal.
[41:41.840 --> 41:44.840]  Even if you don't feel comfortable going in to get the paperwork,
[41:44.840 --> 41:46.840]  somebody can go in and get it for you.
[41:46.840 --> 41:47.840]  They're a matter of public record.
[41:47.840 --> 41:50.840]  Anybody can get into your file and see if there was ever a complaint
[41:50.840 --> 41:53.840]  or information filed.
[41:53.840 --> 41:57.840]  Now, is the county where you were, the court located,
[41:57.840 --> 42:00.840]  does it have a criminal district court?
[42:00.840 --> 42:03.840]  Yes, Travis County and Williamson County.
[42:03.840 --> 42:06.840]  Okay, they must have an information on file.
[42:06.840 --> 42:10.840]  If that information was never filed, the court was never granted jurisdiction.
[42:10.840 --> 42:15.840]  Any warrant they've issued is null and void and they are in deep doo-doo.
[42:15.840 --> 42:16.840]  Wonderful.
[42:16.840 --> 42:18.840]  Well, now wait a minute.
[42:18.840 --> 42:24.840]  You're talking about the court of jurisdiction.
[42:24.840 --> 42:31.840]  The problem is, is the court of appeals, court of criminal appeals,
[42:31.840 --> 42:38.840]  have allowed the magistrate who issues the warrant to hold the warrant
[42:38.840 --> 42:46.840]  and they've said that the magistrate has jurisdiction until time of trial
[42:46.840 --> 42:53.840]  or until the case is initiated in the court of jurisdiction.
[42:53.840 --> 42:57.840]  Now, that's a bogus ruling and they know it.
[42:57.840 --> 43:03.840]  They did that because magistrates aren't abiding by 1730.
[43:03.840 --> 43:06.840]  But that's highly arguable, Andy.
[43:06.840 --> 43:09.840]  I'm not arguing about whether it's legal or not.
[43:09.840 --> 43:11.840]  This is how they're doing it.
[43:11.840 --> 43:15.840]  So if you go to the court of jurisdiction and look for the citation,
[43:15.840 --> 43:20.840]  or look for a warrant, you're not likely to find it.
[43:20.840 --> 43:23.840]  The warrant's not what we're checking in on at this point.
[43:23.840 --> 43:28.840]  The warrant side of it aside, let's analyze this from a logical standpoint.
[43:28.840 --> 43:32.840]  The court cannot issue a warrant without probable cause.
[43:32.840 --> 43:36.840]  Probable cause does not exist unless a complaint has been filed.
[43:36.840 --> 43:41.840]  First thing is, is there a written signed complaint?
[43:41.840 --> 43:44.840]  We need to get a break.
[43:44.840 --> 43:46.840]  We'll be right back.
[43:46.840 --> 43:49.840]  We're going to discuss this in further detail on the other side.
[43:49.840 --> 43:52.840]  The complaint, the warrant, how to find out.
[43:52.840 --> 44:21.840]  We'll be right back.
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[44:28.840 --> 44:32.840]  and useful for you, my friends.
[44:32.840 --> 44:34.840]  I hope Mr. Bush will hear this song.
[44:34.840 --> 44:41.840]  For the heart of America wants this one, go to HempUSA.org.
[44:41.840 --> 44:44.840]  If you're a truther, an anarchist, a renegade,
[44:44.840 --> 44:46.840]  you only want things that God has made.
[44:46.840 --> 44:51.840]  Go to HempUSA.org.
[44:51.840 --> 44:53.840]  We offer free shipping anywhere in the states.
[45:21.840 --> 45:27.840]  Okay.
[45:27.840 --> 45:29.840]  We are back.
[45:29.840 --> 45:33.840]  The rule of law.
[45:33.840 --> 45:34.840]  Randy Kalten and Deborah Stevens.
[45:34.840 --> 45:36.840]  We're here with Eddie Craig.
[45:36.840 --> 45:37.840]  Okay.
[45:37.840 --> 45:41.840]  So, Eddie, you were saying before the break concerning,
[45:41.840 --> 45:44.840]  looking into the file to see if the criminal complaint was there.
[45:44.840 --> 45:45.840]  Right.
[45:45.840 --> 45:49.840]  First thing we want to know is, was the complaint ever filed?
[45:49.840 --> 45:53.840]  Second thing is, if it's in a county with a criminal district court,
[45:53.840 --> 45:55.840]  was an information filed with it?
[45:55.840 --> 46:00.840]  Now, the reason we want to know this is look at the dates very, very carefully.
[46:00.840 --> 46:08.840]  If that complaint was filed and within 10 days of you getting the ticket
[46:08.840 --> 46:11.840]  or immediately after the 10 days of your getting the ticket,
[46:11.840 --> 46:16.840]  if the complaint was filed, they should have notified you then and there.
[46:16.840 --> 46:21.840]  If they did not ever notify you to appear in court for your hearing,
[46:21.840 --> 46:22.840]  then they've blown their time schedule.
[46:22.840 --> 46:27.840]  Isn't that not correct, Randy?
[46:27.840 --> 46:29.840]  Based upon that theory that you're working on,
[46:29.840 --> 46:31.840]  that without the Speedy Trial Act,
[46:31.840 --> 46:36.840]  they've only got that 10 days to get things rolling after the complaint is filed?
[46:36.840 --> 46:37.840]  Okay.
[46:37.840 --> 46:39.840]  Here's how that works.
[46:39.840 --> 46:42.840]  They have to wait at least 10 days.
[46:42.840 --> 46:44.840]  Right.
[46:44.840 --> 46:51.840]  That's why 543-006 says the statute must state a date to appear
[46:51.840 --> 46:54.840]  at least 10 days after date of arrest.
[46:54.840 --> 47:00.840]  And that's because 2711 says that the accused must be given
[47:00.840 --> 47:05.840]  at least 10 full days in which to file motions in his behalf.
[47:05.840 --> 47:07.840]  Right.
[47:07.840 --> 47:15.840]  Okay. After that, 3202A, the Speedy Trial Act,
[47:15.840 --> 47:22.840]  used to give the state 30 days free time on a misdemeanor,
[47:22.840 --> 47:30.840]  a classy misdemeanor, 60 on a B, 90 on a A.
[47:30.840 --> 47:31.840]  Wait a minute, how does that go?
[47:31.840 --> 47:33.840]  Yeah, you're right.
[47:33.840 --> 47:37.840]  You know, it goes 30, 90, 120, 180.
[47:37.840 --> 47:43.840]  So 30 on a classy misdemeanor, 90 on a B, 120 on a C, I'm sorry,
[47:43.840 --> 47:49.840]  120 on an A, and 180 on a felony.
[47:49.840 --> 47:56.840]  It gave them that much free time in which they did not have to show cause for the delay.
[47:56.840 --> 48:03.840]  Well, the legislature overturned the Speedy Trial Act because it dictated a judicial decision.
[48:03.840 --> 48:09.840]  It said if the court does not get the person to trial within this time limit,
[48:09.840 --> 48:14.840]  a finding of not guilty is entered in the court.
[48:14.840 --> 48:17.840]  And the court jumped up and said, wait a minute,
[48:17.840 --> 48:21.840]  the legislature cannot dictate a judicial decision, so they threw it out.
[48:21.840 --> 48:24.840]  It had nothing to do with time limits.
[48:24.840 --> 48:35.840]  But what happened was now they no longer have 30, 90, 120, 180 days in which to get you to trial.
[48:35.840 --> 48:47.840]  After 10 days, any delay on the part of the prosecution must be delayed for which good cause can be shown.
[48:47.840 --> 48:50.840]  Right, and that's what I was getting at is if that doesn't happen,
[48:50.840 --> 48:56.840]  then you can probably address the whole thing and have it thrown out for faith to prosecute.
[48:56.840 --> 49:01.840]  Well, it's been better than three years on all nine of these.
[49:01.840 --> 49:08.840]  Okay, if a warrant has been issued and after they issue the warrant,
[49:08.840 --> 49:19.840]  between the time the warrant's issued and the time that you're brought into custody, the clock does not run.
[49:19.840 --> 49:22.840]  Okay, so the time stops.
[49:22.840 --> 49:27.840]  Yeah, if they've issued a warrant and you have essentially absconded,
[49:27.840 --> 49:37.840]  if you're not in the custody of the court on bail or whatever, then the clock stops.
[49:37.840 --> 49:48.840]  So then it could go on indefinitely and that would take away any kind of statute of limitations on the original allegations.
[49:48.840 --> 49:57.840]  Well, the thing is they have two years from the date that that complaint is filed to prosecute a misdemeanor.
[49:57.840 --> 50:01.840]  They have that limitation in statute already. It's defined.
[50:01.840 --> 50:06.840]  But it doesn't count. The clock stops on that. That's the limitation.
[50:06.840 --> 50:15.840]  That's the limitation between the time the crime is committed and the time the complaint is filed in the court.
[50:15.840 --> 50:20.840]  Once the complaint is filed with the court, that clock stops.
[50:20.840 --> 50:25.840]  Now they have the time to get you to trial.
[50:25.840 --> 50:31.840]  But if a warrant issues and you're not picked up on the warrant, the clock stops.
[50:31.840 --> 50:36.840]  However, these are tickets. Odds are those police no longer exist.
[50:36.840 --> 50:43.840]  So the best thing to do is go before the magistrate with a whole stack of motions.
[50:43.840 --> 50:50.840]  Because the warrant says that the person is to arrest the person and bring him before me.
[50:50.840 --> 51:04.840]  If you're already in front of the magistrate with bond in hand, then the warrant becomes moot.
[51:04.840 --> 51:16.840]  Step up before the magistrate and hand him. If you own property unencumbered that's worth double the amount of fines exclusive of all encumbrances,
[51:16.840 --> 51:24.840]  then you had to hand the judge a bail form. That's constitutional right.
[51:24.840 --> 51:31.840]  And they'll deny that out of hand. So it gives you a good shot at the judge. But then he'll want to set bail.
[51:31.840 --> 51:36.840]  If he then has you arrested, that's false imprisonment. Then you have charge against him.
[51:36.840 --> 51:44.840]  But even if he does, they'll just take you to jail and run you through the routine and then bail you right out again.
[51:44.840 --> 51:51.840]  This is just a traffic ticket. So they'll just drop you right out.
[51:51.840 --> 52:06.840]  So it won't tie you up long in worst case scenario. But just don't count on being able to find the warrant.
[52:06.840 --> 52:13.840]  No, I'm taking it absolutely for granted that they have gone to warrant.
[52:13.840 --> 52:22.840]  Well, see, why can't he just call the sheriff's office and find out he's got a warrant for his arrest? I mean, that's what everybody I've known has always done.
[52:22.840 --> 52:28.840]  And they will tell you. They go, oh, yeah, we have a warrant. Come turn yourself in.
[52:28.840 --> 52:34.840]  If you call the magistrate, they may or may not. No, I didn't say magistrate. I said the sheriff's office.
[52:34.840 --> 52:43.840]  Okay. Don't count on it. That's all I'm saying. They say no warrants. Don't count on it.
[52:43.840 --> 52:53.840]  Wouldn't it be to the sheriff's advantage to tell someone if they did have a warrant, if the sheriff knew, because it would be less trouble for the sheriff,
[52:53.840 --> 53:00.840]  if the person's saying, yeah, I want to come deal with it, if I have a warrant, that way the sheriff doesn't have to go chase him down.
[53:00.840 --> 53:07.840]  I would think so. But then the sheriff's going to say, well, yeah, but if you tell them they got a warrant, then they jackrabbit.
[53:07.840 --> 53:14.840]  So I've had people call the sheriff when they knew they had warrants and the sheriff wouldn't tell them they had it.
[53:14.840 --> 53:26.840]  Well, I keep getting telephone calls if it's of any consequence from what appears to be a third party debt collecting agency posing as a court entity.
[53:26.840 --> 53:38.840]  And it's a prerecorded thing that I ignore time and time again that says someone in this household may have an important pending court matter.
[53:38.840 --> 53:44.840]  That's about the time I hang up on it. Yeah. Well, believe me, that's exactly what those are.
[53:44.840 --> 53:50.840]  What it is is I'm getting notices in the mail and stuff, too, for the Lufkin traffic tickets.
[53:50.840 --> 53:58.840]  But the problem is they already threw me in jail for eight hours. They have not, to my knowledge, had any type of hearing.
[53:58.840 --> 54:13.840]  I've not been invited to court by any type of anything. For them to issue a warrant after they have failed to initiate prosecution after already throwing you in jail,
[54:13.840 --> 54:20.840]  that could wind up being a severe problem for them. But you're right. Their third party debt collectors is all they are.
[54:20.840 --> 54:32.840]  And they may not have an actual warrant issued for you. They just know that there are traffic tickets out there that are in the system that have been there longer than the period normally set for the issuance of a warrant.
[54:32.840 --> 54:44.840]  Correct. And then they can be dealt with like any other third party debt collector through a qualified written request. It's just my thought letter, yes. Yeah.
[54:44.840 --> 54:54.840]  Okay. Well, ladies and gentlemen, I appreciate your time and your due diligence. And I'll leave room for the next caller. Thank you very much.
[54:54.840 --> 54:58.840]  All right. Steve, hang on the line because I want to talk to you on the break. Sure. Okay, great.
[54:58.840 --> 55:09.840]  All right. And we actually have open phone lines right now. And callers, if you'd like to call, please call because the callers really start stacking up towards the end of the show, especially on these Friday nights.
[55:09.840 --> 55:16.840]  So 512-646-1984. Call on in.
[55:16.840 --> 55:26.840]  Yes. And this thing about finding the warrant is a problem. I suspect I have a warrant for me in Cherokee County.
[55:26.840 --> 55:31.840]  Matter of fact, I'm relatively certain I have a warrant for me in Cherokee County.
[55:31.840 --> 55:50.840]  But I suspect if I go to a magistrate in Travis County and ask to for an examining trial that he won't be able to find the warrant because they will not have posted it on the regional or NCIC computer.
[55:50.840 --> 56:10.840]  The DPS posted a Class B misdemeanor on the NCIC computer because I guess they hoped I would get arrested in another state and then have to be go through the extradition process and cause me lots of grief.
[56:10.840 --> 56:20.840]  But didn't work out too well for them. But this warrant thing is kind of a problem. And it's really thorny from both sides.
[56:20.840 --> 56:27.840]  From the police side, they're afraid if they advertise the warrant, the guy will have scound.
[56:27.840 --> 56:33.840]  And from our sides, we want to be able to find it so we can go take care of it.
[56:33.840 --> 56:41.840]  So I really don't know what's the best way to handle that one. You got a suggestion, Eddie?
[56:41.840 --> 56:48.840]  No, I don't, because as we all know, they're going to work out the way they think it suits them best, not necessarily the way that justice is done.
[56:48.840 --> 56:56.840]  Let's see what Chris Emory has to say about it. Hey, Chris, thanks for calling in. What's on your mind tonight? You have any comments about the issue at hand?
[56:56.840 --> 57:03.840]  Well, I just wanted to call in. I know Steve from back in February of 2006, and if it wasn't for Steve and his efforts,
[57:03.840 --> 57:11.840]  he actually helped get the low-power FM efforts here in Oklahoma City off the ground.
[57:11.840 --> 57:16.840]  And I found that out through some third parties that are actually operating it here.
[57:16.840 --> 57:22.840]  But I want to thank him for all of his hard work, not only in the legal issues, but the truth movement in Oklahoma City.
[57:22.840 --> 57:27.840]  And I think a lot of people should know that he really has busted his tail for many, many years in that.
[57:27.840 --> 57:32.840]  And Steve actually put us up at his house for a couple of nights.
[57:32.840 --> 57:39.840]  I'll never forget it was the premiere at the Alamo Draft House of Aaron Russo's film back in February of 2006.
[57:39.840 --> 57:46.840]  So we go way back a few years, and I want to thank him for all his help, and we continue to admire his work.
[57:46.840 --> 57:48.840]  You're welcome, if you can hear me.
[57:48.840 --> 57:51.840]  Okay. You got it, Steve. Take care.
[57:51.840 --> 57:53.840]  You too. Thank you, Chris.
[57:53.840 --> 57:55.840]  All right. Excellent.
[57:55.840 --> 57:59.840]  That was Chris Emery from Radio Free Oklahoma.
[57:59.840 --> 58:05.840]  His show is on Wednesday nights here on Rule of Law Radio, 8 to 10 p.m. Central Time.
[58:05.840 --> 58:07.840]  All right. We're going to the top of the hour break.
[58:07.840 --> 58:11.840]  And again, folks, please call in early. Get your place in line.
[58:11.840 --> 58:14.840]  We've got open phone lines right now. No one's on the line.
[58:14.840 --> 58:21.840]  So please call in so that we're not on the air till 3 a.m., like we have been for the last several Friday nights.
[58:21.840 --> 58:26.840]  All right. 512-646-1984.
[58:26.840 --> 58:48.840]  We'll be back after these short messages.
[58:56.840 --> 58:58.840]  We'll be back after these short messages.
[59:26.840 --> 59:28.840]  Thank you, Chris.
[59:57.840 --> 01:00:04.840]  Hello, listeners. Have you ever heard sirens and felt a sinking feeling in your stomach?
[01:00:04.840 --> 01:00:13.840]  Today's police state is out of control, and nobody knows this more than Barry Cooper, an eight-year law enforcement veteran who has worked jointly with many law enforcement agencies.
[01:00:13.840 --> 01:00:25.840]  Mr. Cooper is a world-renowned activist for social justice, leading a blistering crusade against the frail war on drugs, as seen in his two DVD set, Never Get Busted 1 and Never Get Busted 2.
[01:00:25.840 --> 01:00:29.840]  Barry has been featured on Fox News, CNN and The Alex Jones Show.
[01:00:29.840 --> 01:00:34.840]  This Saturday, Barry will be giving a guest lecture at Brave New Books at 7 p.m.
[01:00:34.840 --> 01:00:41.840]  So please come down to the bookstore for this exciting talk on the war on drugs and updates on Barry's upcoming run for Texas Attorney General.
[01:00:41.840 --> 01:00:45.840]  He has some great ideas for Texas. So let's show our support.
[01:00:45.840 --> 01:00:48.840]  Again, the event will begin at 7 p.m. this Saturday, June 6.
[01:00:48.840 --> 01:00:56.840]  If you have any questions, please call the bookstore at 512-480-2503. And be sure to go to bravenewbookstore.com.
[01:00:56.840 --> 01:01:16.840]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[01:01:27.840 --> 01:01:52.840]  Forget, sounds good. Forget, I'm not sure I could. They say time heals everything, but I'm still waiting.
[01:01:52.840 --> 01:02:04.840]  I'm through with doubt. Nothing left for me to figure out.
[01:02:04.840 --> 01:02:13.840]  I paid a price and I'll keep paying.
[01:02:13.840 --> 01:02:22.840]  Okay. We are back. This is the Rule of Law, Randy Kelton and Deborah Stevens. We're here with Eddie Craig.
[01:02:22.840 --> 01:02:27.840]  And we got our callers calling in so we can start addressing your issues.
[01:02:27.840 --> 01:02:33.840]  We're going to go now to Michael in Nevada. I believe he's a first-time caller. Michael, your first-time caller?
[01:02:33.840 --> 01:02:36.840]  Yeah, it might be, yeah.
[01:02:36.840 --> 01:02:39.840]  All right. Excellent. Thank you for calling in. What's on your mind tonight?
[01:02:39.840 --> 01:02:43.840]  What's the topic on here tonight? I don't know.
[01:02:43.840 --> 01:02:46.840]  Well, we kind of have open mind, open lines tonight.
[01:02:46.840 --> 01:02:54.840]  We're discussing traffic issues and credit card debt and basically whatever is on people's minds.
[01:02:54.840 --> 01:02:57.840]  Okay, so it's pretty much a free bag.
[01:02:57.840 --> 01:03:03.840]  Yeah, on Friday nights we open the phone lines to whatever is on people's minds, whatever legal issues they want to discuss.
[01:03:03.840 --> 01:03:18.840]  Okay, great. You know, yeah, I got a guy who was arrested and they let him go up in Ventura County, California over here.
[01:03:18.840 --> 01:03:28.840]  And he's, you know, he caught them peeping in his window and they went outside to control him and they arrested him.
[01:03:28.840 --> 01:03:41.840]  Kind of like peeping Tom's, you know. But anyway, so you know, this one guy is looking for a little bit of knowledge on how to handle these guys and get them into court.
[01:03:41.840 --> 01:03:49.840]  What they did is they took them all the way, they booked them and everything, but then they let them out the back door and the DA didn't want to prosecute.
[01:03:49.840 --> 01:03:53.840]  So what do you guys say how to handle something like that?
[01:03:53.840 --> 01:04:04.840]  Well, first, what did they arrest him for?
[01:04:04.840 --> 01:04:13.840]  Basically, they arrested him for making a complaint against somebody and he believes it was retaliation.
[01:04:13.840 --> 01:04:17.840]  Was it a public official he complained about?
[01:04:17.840 --> 01:04:29.840]  No, it was just another private party that he'd been fusing with for quite a while and the guy was like, you know, stealing his property and, you know, making him angry and everything for quite a few years and stuff.
[01:04:29.840 --> 01:04:34.840]  So what were the police doing on his property?
[01:04:34.840 --> 01:04:40.840]  The police on their property. Well, that's a good question.
[01:04:40.840 --> 01:04:50.840]  The truth is that these cops were coming around and spying on him about 12 occasions before this happened and they were taking films of the guy.
[01:04:50.840 --> 01:04:59.840]  And he's not quite sure what that is, but you know, we're trying to find out.
[01:04:59.840 --> 01:05:07.840]  Obviously, it's over some kind of an arrest thing that he, you know, got involved with three or four days ago.
[01:05:07.840 --> 01:05:13.840]  He's not quite clear about himself. I mean, sure, you know.
[01:05:13.840 --> 01:05:22.840]  Well, if he has eyewitness testimony that people have been peeping in his windows.
[01:05:22.840 --> 01:05:25.840]  It's a pain in the face.
[01:05:25.840 --> 01:05:28.840]  That's the crime.
[01:05:28.840 --> 01:05:36.840]  That's criminal. If they caught you doing it, they would call that an invasion of privacy.
[01:05:36.840 --> 01:05:45.840]  Yeah, and since they've done all the recording to prove they were looking in the windows, demand discovery on the tapes.
[01:05:45.840 --> 01:05:50.840]  Okay. Go ahead.
[01:05:50.840 --> 01:05:55.840]  Yeah, he actually had several witnesses watch these cops take the screen off his window,
[01:05:55.840 --> 01:05:59.840]  open it up and crawl halfway in and then saw the guy in there.
[01:05:59.840 --> 01:06:07.840]  And, you know, the guy actually saw the guy in his window when he was stepping out of the shower naked, you know, and got two or three witnesses outside.
[01:06:07.840 --> 01:06:10.840]  So these cops do this, you know.
[01:06:10.840 --> 01:06:12.840]  That's breaking and entering.
[01:06:12.840 --> 01:06:16.840]  What he needs to do is subpoena warrants.
[01:06:16.840 --> 01:06:22.840]  He wants to see the warrants authorizing them to enter the property and break into his house.
[01:06:22.840 --> 01:06:26.840]  If they don't have one, they got a problem.
[01:06:26.840 --> 01:06:27.840]  Okay.
[01:06:27.840 --> 01:06:33.840]  He may have caught them trying to plant evidence in his house.
[01:06:33.840 --> 01:06:37.840]  They come in, they plant evidence, they go back out, they go get a warrant.
[01:06:37.840 --> 01:06:42.840]  They come in, kick his door down and he goes bye bye.
[01:06:42.840 --> 01:06:43.840]  Yeah.
[01:06:43.840 --> 01:06:46.840]  So he's got a good case against them.
[01:06:46.840 --> 01:06:51.840]  In California, you have a good grand jury system.
[01:06:51.840 --> 01:06:55.840]  Ventura, California. Oh, okay.
[01:06:55.840 --> 01:06:59.840]  Was it city police or county?
[01:06:59.840 --> 01:07:01.840]  I think it was the sheriff's.
[01:07:01.840 --> 01:07:02.840]  Okay.
[01:07:02.840 --> 01:07:05.840]  Was it in the city of Ventura?
[01:07:05.840 --> 01:07:09.840]  It was in Ojai, right where Charlie Sprinkel is living at, pretty close to there.
[01:07:09.840 --> 01:07:11.840]  Okay.
[01:07:11.840 --> 01:07:23.840]  Does the county sheriff's department, Orange County Sheriff's Department, provide local police enforcement?
[01:07:23.840 --> 01:07:25.840]  Oh, this is rich.
[01:07:25.840 --> 01:07:27.840]  This is so good.
[01:07:27.840 --> 01:07:29.840]  Okay.
[01:07:29.840 --> 01:07:34.840]  Let me tell you the story about why I'm asking that question.
[01:07:34.840 --> 01:07:35.840]  Okay.
[01:07:35.840 --> 01:07:46.840]  In the California Constitution, the county is forbidden to enforce municipal ordinance
[01:07:46.840 --> 01:07:55.840]  because they maintain it constitutes a conflict of interest, it invades the sovereignty of the municipality.
[01:07:55.840 --> 01:07:56.840]  Okay.
[01:07:56.840 --> 01:08:03.840]  Back in the 50s, a developer, I'm trying to remember the name of the development.
[01:08:03.840 --> 01:08:06.840]  It's the name of the Brentwood Agreement.
[01:08:06.840 --> 01:08:12.840]  A guy did this Brentwood development, huge development.
[01:08:12.840 --> 01:08:17.840]  But he didn't want to have to take care of all of the city utilities and such.
[01:08:17.840 --> 01:08:20.840]  So he got this brilliant idea.
[01:08:20.840 --> 01:08:33.840]  He went to the county and contracted with the county for these services, which included police services.
[01:08:33.840 --> 01:08:38.840]  That worked out so well that most of the smaller communities,
[01:08:38.840 --> 01:08:46.840]  Ventura has their own police department, LA has their own police department, but I think that's it.
[01:08:46.840 --> 01:08:54.840]  The rest of the police departments are manned by county sheriff's deputies.
[01:08:54.840 --> 01:08:56.840]  Here's the problem.
[01:08:56.840 --> 01:09:02.840]  A county sheriff's deputy is forbidden to enforce a municipal ordinance.
[01:09:02.840 --> 01:09:11.840]  So you have a sheriff's deputy who, when he's acting as a sheriff's deputy, it's forbidden to enforce municipal ordinance.
[01:09:11.840 --> 01:09:16.840]  And then he's leased to the municipality.
[01:09:16.840 --> 01:09:24.840]  So the problem that the deputies have is they're not always sure when they're wearing which hat.
[01:09:24.840 --> 01:09:30.840]  And most of them don't know that they can't enforce municipal ordinance anyway.
[01:09:30.840 --> 01:09:39.840]  So if you have sheriff's deputies who are farmed out to a local city or municipality,
[01:09:39.840 --> 01:09:50.840]  if you can accuse the deputies of enforcing municipal ordinance while they're acting as county sheriff's deputies,
[01:09:50.840 --> 01:10:04.840]  you can maintain that the Britwood Agreement, the contractual agreement is, constitutes a, creates a constitutional conflict.
[01:10:04.840 --> 01:10:17.840]  You sue the police officers and you sue the county and the city claiming that the Britwood Agreement created this constitutional conflict
[01:10:17.840 --> 01:10:21.840]  and ask that the courts rule that it's unconstitutional.
[01:10:21.840 --> 01:10:30.840]  The Orange County receives some $360 million in revenue from this Britwood Agreement every year.
[01:10:30.840 --> 01:10:32.840]  Okay.
[01:10:32.840 --> 01:10:38.840]  They will do most anything to keep that from coming to court.
[01:10:38.840 --> 01:10:42.840]  Hey, I like that.
[01:10:42.840 --> 01:10:48.840]  Okay. We need to keep moving. The callers are stacking up. But look into the Britwood Agreement.
[01:10:48.840 --> 01:10:51.840]  Just go online and do a search for Britwood Agreement.
[01:10:51.840 --> 01:10:55.840]  And if you can't, sometimes it's easier to get at them indirectly.
[01:10:55.840 --> 01:11:00.840]  When I went down there and talked to the Orange County Sheriff's Department about Britwood Agreement,
[01:11:00.840 --> 01:11:06.840]  these guys were just jumping up and down. Yes, sir, Mr. Kelton, what can I do for you?
[01:11:06.840 --> 01:11:09.840]  You wouldn't believe how nice they were to me.
[01:11:09.840 --> 01:11:12.840]  Did you get your question answered, Michael?
[01:11:12.840 --> 01:11:19.840]  Yeah. And now the second part of this would be the guy wants to make some money because they damaged him
[01:11:19.840 --> 01:11:24.840]  because he had like a partial separation of his wrist on an industrial accident.
[01:11:24.840 --> 01:11:29.840]  And they put the test on him. And he's a real big guy, about 300 pounds and about 6'4".
[01:11:29.840 --> 01:11:32.840]  And so he's trying to get money out of this too.
[01:11:32.840 --> 01:11:39.840]  So I was thinking he should probably go and form a papyrus and do a civil action
[01:11:39.840 --> 01:11:45.840]  and run a concurrent common law action on him as well.
[01:11:45.840 --> 01:11:50.840]  If you charge them with breaking and entering,
[01:11:50.840 --> 01:11:56.840]  the first thing you want to do is see if they had a warrant to search and seize, which they obviously didn't.
[01:11:56.840 --> 01:12:00.840]  So you have witnesses of police crawling in his house.
[01:12:00.840 --> 01:12:05.840]  And they took the screen off in order to do it. That's breaking and entering.
[01:12:05.840 --> 01:12:10.840]  Yeah, they took the screen off and they opened the window and they crawled halfway in.
[01:12:10.840 --> 01:12:14.840]  You got them. So you charge them with breaking and entering.
[01:12:14.840 --> 01:12:17.840]  You have a good grand jury system in California.
[01:12:17.840 --> 01:12:22.840]  Take that to the grand jury and then file a civil action against them
[01:12:22.840 --> 01:12:25.840]  and claim that this only happened because of the Brentwood agreement.
[01:12:25.840 --> 01:12:28.840]  If it wasn't for the Brentwood agreement, they wouldn't even be here.
[01:12:28.840 --> 01:12:33.840]  So you should throw out the Brentwood agreement. It would cost them $33.
[01:12:33.840 --> 01:12:38.840]  So that will give them reason to settle with you, with your guy, and get him to go away.
[01:12:38.840 --> 01:12:41.840]  Okay, great. Sounds great. I appreciate that, Randy.
[01:12:41.840 --> 01:12:43.840]  All right, thank you, Michael.
[01:12:43.840 --> 01:12:46.840]  Of course, dreams are also presuming they don't have alternative income streams
[01:12:46.840 --> 01:12:50.840]  from mugging drug dealers and things like that.
[01:12:50.840 --> 01:12:52.840]  Which I'm sure they do.
[01:12:52.840 --> 01:12:57.840]  They probably do, you know, because they'll have some kind of side jobs going on.
[01:12:57.840 --> 01:13:06.840]  You know, probably, you know, equally along with some madams down there too, you know.
[01:13:06.840 --> 01:13:08.840]  But anyway, great. Okay, thanks, guys.
[01:13:08.840 --> 01:13:11.840]  All right, thank you. Thank you, Michael.
[01:13:11.840 --> 01:13:17.840]  Okay, we are going to go now to Kathy in Texas.
[01:13:17.840 --> 01:13:20.840]  Kathy, thank you for calling in. What's on your mind tonight?
[01:13:20.840 --> 01:13:25.840]  Well, I just have to say kudos, kudos, kudos to Mr. Kelton
[01:13:25.840 --> 01:13:30.840]  and brag a little bit and tell everybody to just hang in there
[01:13:30.840 --> 01:13:33.840]  because it does sometimes work out.
[01:13:33.840 --> 01:13:38.840]  We had so much fun yesterday that I just, I'm still buzzed.
[01:13:38.840 --> 01:13:44.840]  And what we did was to go to the Hayes County Courthouse and file papers.
[01:13:44.840 --> 01:13:47.840]  And it was so rewarding and so much fun.
[01:13:47.840 --> 01:13:51.840]  And we had Randy on the phone once in the middle of that.
[01:13:51.840 --> 01:13:59.840]  I don't know if you remember it, but I don't know that anyone called in to tell the follow-up.
[01:13:59.840 --> 01:14:03.840]  But what happened was we went in the morning,
[01:14:03.840 --> 01:14:10.840]  we went to the lawyer's office to pick up papers that she had promised to deliver three weeks earlier
[01:14:10.840 --> 01:14:14.840]  and had not returned calls, had not done anything.
[01:14:14.840 --> 01:14:20.840]  And so we started leaving the voicemails.
[01:14:20.840 --> 01:14:23.840]  We went by the office and it was locked and closed.
[01:14:23.840 --> 01:14:27.840]  So there was a receptionist in the front and we left a message that we were there.
[01:14:27.840 --> 01:14:28.840]  We need the papers.
[01:14:28.840 --> 01:14:31.840]  We have doctor appointments tomorrow, you need the papers.
[01:14:31.840 --> 01:14:32.840]  So we went away.
[01:14:32.840 --> 01:14:37.840]  We had the motions together that Randy helped us put together.
[01:14:37.840 --> 01:14:42.840]  And we went across the street to the bank and got them notarized.
[01:14:42.840 --> 01:14:46.840]  And then we went around the corner to the courthouse to the clerk.
[01:14:46.840 --> 01:14:50.840]  And we went in, we did our thing and it's like she never even looked up.
[01:14:50.840 --> 01:14:51.840]  She never even blinked.
[01:14:51.840 --> 01:14:53.840]  It was so gratifying.
[01:14:53.840 --> 01:14:55.840]  So would you file these for us please?
[01:14:55.840 --> 01:14:56.840]  Oh yes, certainly we will.
[01:14:56.840 --> 01:14:57.840]  We'd be happy to.
[01:14:57.840 --> 01:14:59.840]  Stamp, stamp, here it is.
[01:14:59.840 --> 01:15:05.840]  We hand-walked next door to the DA's office and gave the prosecutor his stamped copy.
[01:15:05.840 --> 01:15:09.840]  We went back to the lawyer's office and slid it under the door
[01:15:09.840 --> 01:15:14.840]  and put a really nice note about, you know, have a nice day and all that good stuff
[01:15:14.840 --> 01:15:17.840]  and had a really nice lunch at Palmer's.
[01:15:17.840 --> 01:15:19.840]  So now you know where we were.
[01:15:19.840 --> 01:15:26.840]  And within four hours the lawyer was on the phone.
[01:15:26.840 --> 01:15:30.840]  And she said, well, you know, I got all your urgent voice messages
[01:15:30.840 --> 01:15:35.840]  and I've been sick and I had a surgery and it was a little more complicated than I thought.
[01:15:35.840 --> 01:15:39.840]  And it's like why can't you just return a phone call?
[01:15:39.840 --> 01:15:45.840]  And so my friend whose issue this really is just lost it.
[01:15:45.840 --> 01:15:50.840]  And she just told the lawyer exactly what she thought and exactly what.
[01:15:50.840 --> 01:15:54.840]  And in the middle of the little tirade, and it was a very nice tirade because she's a nice girl,
[01:15:54.840 --> 01:15:58.840]  and in the middle of that she says, and I filed some motions.
[01:15:58.840 --> 01:16:02.840]  The lawyer got stony silent and she said, you what?
[01:16:02.840 --> 01:16:07.840]  She said, I filed some motions and I slid them under your door.
[01:16:07.840 --> 01:16:11.840]  And the attorney said, you can't do that.
[01:16:11.840 --> 01:16:15.840]  And the response that I heard was, I think I just did.
[01:16:15.840 --> 01:16:17.840]  And it was classic.
[01:16:17.840 --> 01:16:18.840]  It was wonderful.
[01:16:18.840 --> 01:16:21.840]  And it's a Randy Kelton moment.
[01:16:21.840 --> 01:16:28.840]  So within an hour of that the lawyer had made it to her office, read those motions,
[01:16:28.840 --> 01:16:33.840]  and driven 20 miles to my friend's house to deliver the papers
[01:16:33.840 --> 01:16:39.840]  and items that she had promised weeks before, apologizing and groveling and oh,
[01:16:39.840 --> 01:16:43.840]  you didn't have to go to all this and we can take care of this and oh, my goodness.
[01:16:43.840 --> 01:16:48.840]  And all of a sudden she's on our side, quote.
[01:16:48.840 --> 01:16:50.840]  We'll see.
[01:16:50.840 --> 01:16:55.840]  So anyway, we're so jazzed and so happy that we've just shot an arrow.
[01:16:55.840 --> 01:16:56.840]  I know it's not done.
[01:16:56.840 --> 01:16:57.840]  I know it's not finished.
[01:16:57.840 --> 01:16:58.840]  It's just begun.
[01:16:58.840 --> 01:17:04.840]  But it's so empowering and I can just encourage everybody out there to just don't take it.
[01:17:04.840 --> 01:17:08.840]  Don't roll over and let this nasty system walk all over you
[01:17:08.840 --> 01:17:13.840]  because it just frees you to make a positive move.
[01:17:13.840 --> 01:17:15.840]  And they know you've got them.
[01:17:15.840 --> 01:17:21.840]  You know, they're all in the wrong and they have to be called on it.
[01:17:21.840 --> 01:17:24.840]  So I'm just, you know, want to encourage everybody.
[01:17:24.840 --> 01:17:35.840]  Yeah, we have a long road to hold, but we've started and it's so exciting and we're just jazzed.
[01:17:35.840 --> 01:17:36.840]  Well, I'd like to say congratulations.
[01:17:36.840 --> 01:17:39.840]  It sounds like that arrow hit somebody right in the butt.
[01:17:39.840 --> 01:17:41.840]  Oh, she jumped right up.
[01:17:41.840 --> 01:17:43.840]  Yeah.
[01:17:43.840 --> 01:17:46.840]  The thing I liked best was you did what?
[01:17:46.840 --> 01:17:47.840]  Exactly.
[01:17:47.840 --> 01:17:48.840]  She was great.
[01:17:48.840 --> 01:17:50.840]  Yeah.
[01:17:50.840 --> 01:17:52.840]  And she actually said you can't do that.
[01:17:52.840 --> 01:17:55.840]  It's like, yeah, right, since when?
[01:17:55.840 --> 01:17:56.840]  I mean, it's done.
[01:17:56.840 --> 01:17:57.840]  Too bad.
[01:17:57.840 --> 01:17:59.840]  Sorry.
[01:17:59.840 --> 01:18:03.840]  So anyway, we're on the road and, yeah, we've got the piles next.
[01:18:03.840 --> 01:18:12.840]  And when we were leaving the courthouse, even before the attorney called us back, you know, Sally, my friend,
[01:18:12.840 --> 01:18:15.840]  she goes, oh, don't we have some more motions to file?
[01:18:15.840 --> 01:18:17.840]  Can't we file something else?
[01:18:17.840 --> 01:18:18.840]  This is great.
[01:18:18.840 --> 01:18:20.840]  Let's file something else.
[01:18:20.840 --> 01:18:26.840]  So we're lining them up, Randy, and we really appreciate your effort on our behalf.
[01:18:26.840 --> 01:18:37.840]  And I once saw a – I know it sounds kind of tacky, but I saw an ultrasound picture of my gallbladder
[01:18:37.840 --> 01:18:45.840]  and it had a little row of stones all lined up at the exit just waiting to fall out one by one and lodge in the hole.
[01:18:45.840 --> 01:18:47.840]  And this is what I'm reminded of.
[01:18:47.840 --> 01:18:52.840]  It's like we've got the gallstones lined up and we're going to throw them down the chute.
[01:18:52.840 --> 01:18:57.840]  And we're just hoping that it causes as much pain as I have.
[01:18:57.840 --> 01:19:01.840]  So I'm sorry for the tackiness, but that's what I'm envisioning now.
[01:19:01.840 --> 01:19:07.840]  It's like if we can throw a few gallstones, then they'll get their gall.
[01:19:07.840 --> 01:19:12.840]  Yeah, I'm expecting that these will stick in their craw somewhat.
[01:19:12.840 --> 01:19:20.840]  I think so, and we're lining up the grievances because the very first time that she decides she's just going to pretend to be on our side,
[01:19:20.840 --> 01:19:23.840]  then that's when we're going to start the grievances.
[01:19:23.840 --> 01:19:25.840]  We've made our plan.
[01:19:25.840 --> 01:19:31.840]  The attorney doesn't – she doesn't know yet what's really coming at her.
[01:19:31.840 --> 01:19:36.840]  She thinks she has a problem, but she does not have a clue.
[01:19:36.840 --> 01:19:44.840]  And we have not mentioned grievances out loud, so I'm not sure how much she suspects that we know.
[01:19:44.840 --> 01:19:47.840]  So that's a good place to have her.
[01:19:47.840 --> 01:19:51.840]  Has she been told who I am?
[01:19:51.840 --> 01:19:53.840]  No, your name hasn't come up.
[01:19:53.840 --> 01:19:55.840]  Okay, then she doesn't know you're in the show.
[01:19:55.840 --> 01:19:59.840]  It's Sally and Kathy, okay?
[01:19:59.840 --> 01:20:08.840]  You might want her to direct her to my show and let me know when she's likely to be listening.
[01:20:08.840 --> 01:20:09.840]  Okay.
[01:20:09.840 --> 01:20:14.840]  And we'll explain how to crucify your attorney strategy to her.
[01:20:14.840 --> 01:20:17.840]  Well, that ought to get the rest of her attention.
[01:20:17.840 --> 01:20:21.840]  That's when you're likely to get another phone call.
[01:20:21.840 --> 01:20:22.840]  That's right.
[01:20:22.840 --> 01:20:26.840]  From her asking her, what can I do to make you happy?
[01:20:26.840 --> 01:20:29.840]  Well, that's what we're kind of hoping to hear.
[01:20:29.840 --> 01:20:33.840]  And like I said, the jumping that she did yesterday was impressive,
[01:20:33.840 --> 01:20:36.840]  and I just had to call and share that with everybody.
[01:20:36.840 --> 01:20:42.840]  So I won't use any more air time, but I'm jazzed and I just can't encourage anyone else enough.
[01:20:42.840 --> 01:20:48.840]  If they've got you in a hold, even if it's an emotional hold, go break it.
[01:20:48.840 --> 01:20:51.840]  You have the power.
[01:20:51.840 --> 01:20:55.840]  So thank you, Randy, and thank you, Deborah, for making all this possible.
[01:20:55.840 --> 01:21:01.840]  And thank you, Eddie, because I actually had an opportunity this morning to explain to my friend in California
[01:21:01.840 --> 01:21:05.840]  about her marriage license and driver's license not being necessary,
[01:21:05.840 --> 01:21:09.840]  and it was kind of an eye-opener, and I owe that one to you.
[01:21:09.840 --> 01:21:11.840]  Well, you're welcome.
[01:21:11.840 --> 01:21:15.840]  So thank you, guys, and I'll let you go, and just everybody be encouraged.
[01:21:15.840 --> 01:21:16.840]  It can be done.
[01:21:16.840 --> 01:21:17.840]  All right.
[01:21:17.840 --> 01:21:18.840]  Thank you, Kathy.
[01:21:18.840 --> 01:21:21.840]  I know because I've been doing it.
[01:21:21.840 --> 01:21:22.840]  Ouch.
[01:21:22.840 --> 01:21:23.840]  Okay.
[01:21:23.840 --> 01:21:30.840]  I think I just sprained my wrist, patting myself on the back.
[01:21:30.840 --> 01:21:31.840]  Okay.
[01:21:31.840 --> 01:21:34.840]  We're going to go now to Terry in Michigan.
[01:21:34.840 --> 01:21:35.840]  Hey, Terry.
[01:21:35.840 --> 01:21:36.840]  Thanks for calling in.
[01:21:36.840 --> 01:21:37.840]  What's on your mind tonight?
[01:21:37.840 --> 01:21:38.840]  Hey.
[01:21:38.840 --> 01:21:39.840]  How's it going?
[01:21:39.840 --> 01:21:40.840]  Pretty good.
[01:21:40.840 --> 01:21:43.840]  I've got two questions on right to travel.
[01:21:43.840 --> 01:21:50.840]  A while back I called in, and Eddie was on the show, and I was talking about something else,
[01:21:50.840 --> 01:21:55.840]  and I kind of heard it, but I wasn't paying attention because I was thinking about something else.
[01:21:55.840 --> 01:21:58.840]  And somebody had something, I don't know if it was Eddie or who,
[01:21:58.840 --> 01:22:04.840]  about when you get into court and you try to deal with right to travel,
[01:22:04.840 --> 01:22:09.840]  the judges just don't want to hear it, they won't listen to it, they won't even acknowledge it.
[01:22:09.840 --> 01:22:16.840]  And somebody had said that if you've got all the paperwork in the car,
[01:22:16.840 --> 01:22:20.840]  like with the laws and the rulings and all that kind of stuff,
[01:22:20.840 --> 01:22:26.840]  that when the cop comes up and asks you for your driver's license or registration or anything,
[01:22:26.840 --> 01:22:30.840]  the first thing you do is hand them that envelope with all that paperwork in it.
[01:22:30.840 --> 01:22:34.840]  Therefore, it's automatically entered into the court?
[01:22:34.840 --> 01:22:35.840]  Is that true?
[01:22:35.840 --> 01:22:37.840]  Or what was the deal with that?
[01:22:37.840 --> 01:22:38.840]  Yeah.
[01:22:38.840 --> 01:22:40.840]  It's basically what it is.
[01:22:40.840 --> 01:22:43.840]  It's a notice that I give out whenever I'm pulled over,
[01:22:43.840 --> 01:22:51.840]  and it contains references to the particular statutes in question for any given instance, speeding, registration,
[01:22:51.840 --> 01:22:55.840]  licensure, whatever, it doesn't matter, it's all contained in this notice,
[01:22:55.840 --> 01:23:03.840]  as well as the stipulation that this notice is now introduced as evidence from this stop
[01:23:03.840 --> 01:23:09.840]  because any exchange in information or materials between you and the officer are now part of the record.
[01:23:09.840 --> 01:23:14.840]  And as a part of the record, it is admissible in court.
[01:23:14.840 --> 01:23:21.840]  So in that notice, you would have like past Supreme Court rulings and stuff like that?
[01:23:21.840 --> 01:23:22.840]  Yeah.
[01:23:22.840 --> 01:23:28.840]  I've got the information that cites the Texas statutes and a few of the Supreme Court cases
[01:23:28.840 --> 01:23:33.840]  dealing with it being a right for the people to travel upon the roads, not a privilege.
[01:23:33.840 --> 01:23:43.840]  Yes, and Eddie mentioned earlier about a prosecutor raising an objection to foundation.
[01:23:43.840 --> 01:23:50.840]  Now if he comes in court, he can ask the officer, do you recall me giving you a stack of documents?
[01:23:50.840 --> 01:23:53.840]  And he'll say yes or no.
[01:23:53.840 --> 01:24:00.840]  But the reference to the stack of documents, that's called foundation.
[01:24:00.840 --> 01:24:04.840]  So by the fact that he gave it to him, whether he reads it or not, you don't care.
[01:24:04.840 --> 01:24:07.840]  You can ask the officer about it.
[01:24:07.840 --> 01:24:11.840]  And he's unlikely to lie about that because he thinks it's going to make you look bad.
[01:24:11.840 --> 01:24:18.840]  But it gives you foundation for bringing the documents before the court.
[01:24:18.840 --> 01:24:19.840]  Okay.
[01:24:19.840 --> 01:24:23.840]  Well, I mean, out of everything I've heard about, right to travel,
[01:24:23.840 --> 01:24:28.840]  that seems to make the most sense out of anything because everybody that I know
[01:24:28.840 --> 01:24:33.840]  that's ever had a problem with it, you go to court and they just don't acknowledge it.
[01:24:33.840 --> 01:24:40.840]  I had a friend that was like 12 years ago that he never had a driver's license.
[01:24:40.840 --> 01:24:42.840]  And that's what he did.
[01:24:42.840 --> 01:24:45.840]  And I remember riding with him and he'd get pulled over.
[01:24:45.840 --> 01:24:47.840]  Twice I was with him, he got pulled over.
[01:24:47.840 --> 01:24:50.840]  He gave him these documents and he let us go.
[01:24:50.840 --> 01:24:52.840]  At the time, I didn't care because I had a driver's license.
[01:24:52.840 --> 01:24:54.840]  I wasn't into it or anything.
[01:24:54.840 --> 01:25:01.840]  But it just worked fantastic for him.
[01:25:01.840 --> 01:25:06.840]  That's kind of like the deal when I got pulled over and the policeman came up
[01:25:06.840 --> 01:25:09.840]  and asked me if I had a driver's license.
[01:25:09.840 --> 01:25:11.840]  And I said, yes, I do.
[01:25:11.840 --> 01:25:14.840]  But I'm not using it right now.
[01:25:14.840 --> 01:25:18.840]  And the officer said, Mr. Kelton?
[01:25:18.840 --> 01:25:20.840]  Well, first he asked me, then he asked me my name and I told him.
[01:25:20.840 --> 01:25:25.840]  He said, Mr. Kelton, are you one of those guys?
[01:25:25.840 --> 01:25:27.840]  Yes, I am.
[01:25:27.840 --> 01:25:32.840]  I had given him my Texas ID when he asked me for a driver's license.
[01:25:32.840 --> 01:25:36.840]  He handed me back my ID and he said, go on, get out of here.
[01:25:36.840 --> 01:25:40.840]  And clearly he had been down that road before.
[01:25:40.840 --> 01:25:43.840]  And it wasn't a matter of whether he thought he could win or not.
[01:25:43.840 --> 01:25:46.840]  He didn't want to have that fight again.
[01:25:46.840 --> 01:25:50.840]  He was dealing with somebody who knew what they were doing as opposed to a lot
[01:25:50.840 --> 01:25:55.840]  of these guys out there that have no idea.
[01:25:55.840 --> 01:26:02.840]  My second question was in order to work with the right to travel,
[01:26:02.840 --> 01:26:09.840]  do you need to somehow or other go down to the Michigan Secretary of State's
[01:26:09.840 --> 01:26:13.840]  Office and opt out of the system that you're in already?
[01:26:13.840 --> 01:26:19.840]  Or is it just always guaranteed a right even though you have a contract,
[01:26:19.840 --> 01:26:24.840]  almost what they say is a contract that you signed but nobody else signed?
[01:26:24.840 --> 01:26:27.840]  Are you still eligible for the right to travel?
[01:26:27.840 --> 01:26:30.840]  It's like the Supreme Court has put it.
[01:26:30.840 --> 01:26:33.840]  The right to travel upon the roads is a basic right.
[01:26:33.840 --> 01:26:38.840]  It's attached to your right to liberty and it's attached to your right to the use of your property.
[01:26:38.840 --> 01:26:43.840]  Those are fundamental rights that cannot be removed except by due process of law.
[01:26:43.840 --> 01:26:47.840]  In other words, they have to convict you and incarcerate you to remove them from you.
[01:26:47.840 --> 01:26:53.840]  Now, given that, if you make an agreement to be involved in their system,
[01:26:53.840 --> 01:26:59.840]  then anytime you are engaged in an activity that involves the privileges
[01:26:59.840 --> 01:27:05.840]  around what you receive as a benefit from that system or a privilege of that system,
[01:27:05.840 --> 01:27:07.840]  then you are bound by those rules.
[01:27:07.840 --> 01:27:14.840]  But when the activity in which you are engaged is not part of what is contained within those privileges,
[01:27:14.840 --> 01:27:18.840]  then your rights are what is at consideration here.
[01:27:18.840 --> 01:27:22.840]  It's just like what we're talking about at the beginning of the show in the federal regulations
[01:27:22.840 --> 01:27:25.840]  where it talks about the difference between traveling and driving.
[01:27:25.840 --> 01:27:30.840]  Someone that is on a return trip, say in a long-haul trucker,
[01:27:30.840 --> 01:27:34.840]  he's on a return trip either bobtail or with an empty trailer.
[01:27:34.840 --> 01:27:37.840]  He is in the progress of traveling.
[01:27:37.840 --> 01:27:42.840]  He is not doing so at the direction of the commercial entity for whom he works.
[01:27:42.840 --> 01:27:44.840]  He is traveling back home.
[01:27:44.840 --> 01:27:47.840]  The job he was paid for has already been accomplished.
[01:27:47.840 --> 01:27:53.840]  At this point, he is not engaged in commerce because he is not under the directive of the commercial entity
[01:27:53.840 --> 01:28:00.840]  for which he works, and he is not being paid for this trip as far as gain upon the road.
[01:28:00.840 --> 01:28:03.840]  This is what they call his deadhead.
[01:28:03.840 --> 01:28:09.840]  So that would mean that even if you had had a driver's license in the past,
[01:28:09.840 --> 01:28:20.840]  if you're not involved in commerce and you're not using your license, you're using your right.
[01:28:20.840 --> 01:28:21.840]  Exactly.
[01:28:21.840 --> 01:28:30.840]  And deadheading with truck drivers is a big problem, but deadheading is caused by diesel fumes.
[01:28:30.840 --> 01:28:36.840]  Or truck stop cafe food, take your pick.
[01:28:36.840 --> 01:28:45.840]  One of the things that I have noticed in the Michigan laws is that it says that you have to have a license,
[01:28:45.840 --> 01:28:49.840]  and it gives you a couple of different reasons that you don't have to.
[01:28:49.840 --> 01:28:52.840]  And one of the things is called husbandry.
[01:28:52.840 --> 01:28:56.840]  And I had seen that several times, and when Eddie was on a couple of weeks ago,
[01:28:56.840 --> 01:29:00.840]  he kept saying don't assume anything until you look up the definition.
[01:29:00.840 --> 01:29:05.840]  So I started looking up the definition of the different things in there,
[01:29:05.840 --> 01:29:17.840]  and I realized that husbandry is anything to do with raising food or being involved with producing food.
[01:29:17.840 --> 01:29:23.840]  And I don't know, I look at it like, well, I guess if I kept a packet of seeds in my car all the time,
[01:29:23.840 --> 01:29:30.840]  yeah, I just came from the store, I just picked up some seeds for husbandry.
[01:29:30.840 --> 01:29:35.840]  All right, well, listen, we're about to go to break,
[01:29:35.840 --> 01:29:39.840]  and I want to try to wrap up as much as possible when we get back on the other side
[01:29:39.840 --> 01:29:44.840]  because we've got a full board of callers also.
[01:29:44.840 --> 01:29:48.840]  So Terry, you're welcome to hang on, and then we can finish up with Terry on the other side,
[01:29:48.840 --> 01:29:52.840]  and then we've got like eight other callers on the board that we need to get to as well.
[01:29:52.840 --> 01:29:57.840]  This is the rule of law, Randy Kelton and Deborah Stevens, and Eddie Craig will be right.
[01:30:22.840 --> 01:30:33.840]  We will happily provide you with the information you need to make an informed decision
[01:30:33.840 --> 01:30:35.840]  whether or not you choose to purchase from us.
[01:30:35.840 --> 01:30:38.840]  Also, Roberts & Roberts Brokerage values your privacy
[01:30:38.840 --> 01:30:43.840]  and will always advise you in the event that we would be required to report any transaction.
[01:30:43.840 --> 01:30:48.840]  If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment.
[01:30:48.840 --> 01:30:58.840]  Call us at 800-874-9760. We're Roberts & Roberts Brokerage, 800-874-9760.
[01:31:18.840 --> 01:31:34.840]  Stop. Watch the sound. Everybody look what's going down.
[01:31:48.840 --> 01:32:02.840]  All right, we are back. This is the rule of law, Randy Kelton, Deborah Stevens, and Eddie Craig.
[01:32:02.840 --> 01:32:09.840]  It's time we stop and look around, do something about what's going on indeed.
[01:32:09.840 --> 01:32:12.840]  Okay, we are speaking with Terry in Michigan.
[01:32:12.840 --> 01:32:17.840]  And Randy, you had a few comments for Terry before we move on because we've got a bunch of callers.
[01:32:17.840 --> 01:32:24.840]  It was about the seeds. It was my understanding that husbandry meant raising animals.
[01:32:24.840 --> 01:32:29.840]  But they may define it different in Michigan. After all, they're from northeastern Michigan.
[01:32:29.840 --> 01:32:36.840]  Yeah, when I looked at it, it was more or less just raising, producing food is basically what it was about.
[01:32:36.840 --> 01:32:40.840]  Is it actually defined in the statute?
[01:32:40.840 --> 01:32:47.840]  Well, I looked it up in the Black's Law Dictionary is where I found that.
[01:32:47.840 --> 01:32:56.840]  Okay, that might be wise. Okay, if you're carrying seeds, just make sure they're not bud.
[01:32:56.840 --> 01:32:58.840]  Okay, we need to move along.
[01:32:58.840 --> 01:33:00.840]  Thank you.
[01:33:00.840 --> 01:33:08.840]  Okay, thanks, Terry. All right, we're going to go now to Jessica in Texas.
[01:33:08.840 --> 01:33:11.840]  Hey, thanks for calling in. What's on your mind tonight?
[01:33:11.840 --> 01:33:20.840]  I heard you tell the last guy that if you're an employee of a company and you're driving like you've gotten off work
[01:33:20.840 --> 01:33:26.840]  or you're driving in between jobs or something like that, that you don't need the commercial license.
[01:33:26.840 --> 01:33:32.840]  However, I have a business and I drive, say, from one client to the other and it is I own the business.
[01:33:32.840 --> 01:33:39.840]  Then is that considered commercial driving when I'm going from client to client since it's my business?
[01:33:39.840 --> 01:33:40.840]  No.
[01:33:40.840 --> 01:33:41.840]  No.
[01:33:41.840 --> 01:33:42.840]  Okay.
[01:33:42.840 --> 01:33:46.840]  Work is actually being done at point A or point B, not in between.
[01:33:46.840 --> 01:33:50.840]  Okay, so that was what I wanted to double check on.
[01:33:50.840 --> 01:33:55.840]  What commercial goes to is extraordinary use of the highways.
[01:33:55.840 --> 01:34:03.840]  You have ordinary use of the highways, which is moving from one place to another.
[01:34:03.840 --> 01:34:10.840]  If you're transporting persons or products for hire, that's extraordinary use.
[01:34:10.840 --> 01:34:24.840]  If I'm driving a 20-ton truck and I'm a farmer and I'm moving from one field to another, that's not commercial.
[01:34:24.840 --> 01:34:30.840]  Now, if I load that thing, well, actually even farmers, as I understand, you fall under commercial
[01:34:30.840 --> 01:34:44.840]  if you're operating a vehicle in excess of 26,000 GVW and you're hauling or you're hauling commodities interstate
[01:34:44.840 --> 01:34:46.840]  or hauling people for hire.
[01:34:46.840 --> 01:34:48.840]  Okay.
[01:34:48.840 --> 01:34:50.840]  All right, that answered it.
[01:34:50.840 --> 01:34:51.840]  Thank you.
[01:34:51.840 --> 01:34:55.840]  Yes, so if you're just moving around in your business, even though it's business,
[01:34:55.840 --> 01:34:58.840]  you're being paid for the business, not for moving from place to place.
[01:34:58.840 --> 01:35:01.840]  That's costing you.
[01:35:01.840 --> 01:35:02.840]  Okay, thank you.
[01:35:02.840 --> 01:35:03.840]  Am I right, Eddie?
[01:35:03.840 --> 01:35:05.840]  Yes.
[01:35:05.840 --> 01:35:09.840]  As long as you're not being paid for the actual travel upon the road
[01:35:09.840 --> 01:35:15.840]  or you're not hauling passengers' goods or services for the purpose of being paid while you're on the road,
[01:35:15.840 --> 01:35:17.840]  then you are not in commerce upon the road.
[01:35:17.840 --> 01:35:21.840]  Okay, I do charge a travel fee.
[01:35:21.840 --> 01:35:23.840]  That's different.
[01:35:23.840 --> 01:35:27.840]  That's still a part of your fee for the work you're going to be doing on site.
[01:35:27.840 --> 01:35:34.840]  It's like me, I bill by the hour from the time I leave until the time I leave your location,
[01:35:34.840 --> 01:35:39.840]  but that doesn't mean I'm getting paid for the road use.
[01:35:39.840 --> 01:35:43.840]  The charge is still on you for the work I'm doing at your location.
[01:35:43.840 --> 01:35:49.840]  Okay.
[01:35:49.840 --> 01:35:51.840]  You're absolutely clean.
[01:35:51.840 --> 01:35:53.840]  Any other questions?
[01:35:53.840 --> 01:35:54.840]  No, thank you very much.
[01:35:54.840 --> 01:35:55.840]  All right, thank you, Jessica.
[01:35:55.840 --> 01:35:56.840]  Yes, ma'am.
[01:35:56.840 --> 01:35:59.840]  All right, and callers, I would ask you that when we're done speaking with you,
[01:35:59.840 --> 01:36:04.840]  if you could either listen on the Internet at ruleoflawradio.com.
[01:36:04.840 --> 01:36:06.840]  Actually, listeners that are listening on the radio,
[01:36:06.840 --> 01:36:10.840]  if you could please listen to our stream at ruleoflawradio.com anyway
[01:36:10.840 --> 01:36:16.840]  so that we can get a more accurate or as accurate as possible tally of our listenership.
[01:36:16.840 --> 01:36:21.840]  But especially if you all are callers, please listen on the Internet when we're done talking to you.
[01:36:21.840 --> 01:36:25.840]  Or if you can't listen on the Internet, please call the caller listener line.
[01:36:25.840 --> 01:36:31.840]  The listener line is 512-485-9010.
[01:36:31.840 --> 01:36:33.840]  Please use the listener line if you just want to listen.
[01:36:33.840 --> 01:36:37.840]  That way it won't confuse us regarding who all is on the caller board
[01:36:37.840 --> 01:36:40.840]  waiting for us to talk to them.
[01:36:40.840 --> 01:36:44.840]  Okay, we're going to go now to Kevin in Texas.
[01:36:44.840 --> 01:36:45.840]  Kevin, thanks for calling in.
[01:36:45.840 --> 01:36:47.840]  What's on your mind tonight?
[01:36:47.840 --> 01:36:51.840]  Yeah, I got a brother that has some surcharges,
[01:36:51.840 --> 01:36:56.840]  and I've been listening to you guys for a while, and I had him listening today,
[01:36:56.840 --> 01:36:59.840]  and he was telling me that he's got surcharges.
[01:36:59.840 --> 01:37:05.840]  He's got like two pendants that he's paying on, and I was telling him about the UCC-1.
[01:37:05.840 --> 01:37:08.840]  How would he go about doing that and taking care of those surcharges?
[01:37:08.840 --> 01:37:12.840]  How would a person get out of something like that?
[01:37:12.840 --> 01:37:15.840]  Look, you get it squared away.
[01:37:15.840 --> 01:37:18.840]  What is the nature of the surcharges?
[01:37:18.840 --> 01:37:24.840]  Traffic tickets, not having insurance.
[01:37:24.840 --> 01:37:30.840]  Oh, okay, that's a criminal charge, not a surcharge.
[01:37:30.840 --> 01:37:34.840]  That's a criminal charge, but he got that from a traffic ticket.
[01:37:34.840 --> 01:37:39.840]  Yeah, in Texas, traffic tickets are misdemeanors, which are criminal.
[01:37:39.840 --> 01:37:47.840]  That's a fine or fee, and that's separate from other types of taxes
[01:37:47.840 --> 01:37:50.840]  and other types of bills and debts.
[01:37:50.840 --> 01:37:53.840]  A fine is a special kind of debt.
[01:37:53.840 --> 01:37:58.840]  Okay, so basically he has to fulfill that, those payments,
[01:37:58.840 --> 01:38:02.840]  because he has to do it like for three years to pay all those surcharges.
[01:38:02.840 --> 01:38:10.840]  So he has to complete that contract with them and then use the UCC?
[01:38:10.840 --> 01:38:12.840]  I don't think you can use the UCC on that.
[01:38:12.840 --> 01:38:16.840]  That goes to a private contract with the state.
[01:38:16.840 --> 01:38:22.840]  Okay, so basically he just has to fulfill that contract.
[01:38:22.840 --> 01:38:26.840]  I would say, okay, it depends on how he got it.
[01:38:26.840 --> 01:38:30.840]  He may have some avenue of redressing the courts,
[01:38:30.840 --> 01:38:34.840]  but I don't think he's going to find any magic in the UCC
[01:38:34.840 --> 01:38:37.840]  that's going to let him just avoid that debt.
[01:38:37.840 --> 01:38:39.840]  Do you know of anything, Eddie?
[01:38:39.840 --> 01:38:43.840]  No, I don't, not if it's an agreement on which has full disclosure
[01:38:43.840 --> 01:38:47.840]  and he agreed to it with his own open eyes and knowledge, no.
[01:38:47.840 --> 01:38:49.840]  Okay.
[01:38:49.840 --> 01:38:51.840]  Okay, good.
[01:38:51.840 --> 01:38:55.840]  If he knew all his rights going in, he could have preserved them,
[01:38:55.840 --> 01:38:59.840]  and even if he learns them, you can go back and fight for them.
[01:38:59.840 --> 01:39:05.840]  But the condition of the municipal courts and JP courts at this point
[01:39:05.840 --> 01:39:10.840]  makes it, the fight, just not worth the effort
[01:39:10.840 --> 01:39:14.840]  until we can get them beat up pretty good.
[01:39:14.840 --> 01:39:17.840]  Unless you're really knowledgeable,
[01:39:17.840 --> 01:39:21.840]  it's going to cost you more time and grief than it's worth.
[01:39:21.840 --> 01:39:24.840]  Yeah, unless you can actually show that the contract as written
[01:39:24.840 --> 01:39:27.840]  is an unconscionable contract,
[01:39:27.840 --> 01:39:31.840]  he's stuck by the terms of the contract because he signed it knowingly
[01:39:31.840 --> 01:39:33.840]  and willingly.
[01:39:33.840 --> 01:39:35.840]  Okay.
[01:39:35.840 --> 01:39:37.840]  All right.
[01:39:37.840 --> 01:39:39.840]  All right, well, thanks.
[01:39:39.840 --> 01:39:41.840]  You're welcome.
[01:39:41.840 --> 01:39:42.840]  All right.
[01:39:42.840 --> 01:39:45.840]  All right, thank you, Kevin.
[01:39:45.840 --> 01:39:50.840]  Okay, we're going to go now to Ryan in Texas.
[01:39:50.840 --> 01:39:52.840]  Hey, Ryan, thanks for calling in.
[01:39:52.840 --> 01:39:54.840]  What's on your mind tonight?
[01:39:54.840 --> 01:39:56.840]  Hey, how are you guys doing this evening?
[01:39:56.840 --> 01:39:57.840]  Excellent.
[01:39:57.840 --> 01:39:59.840]  Hey, I actually called in the other night
[01:39:59.840 --> 01:40:02.840]  and was not able to get to you guys in time.
[01:40:02.840 --> 01:40:03.840]  I had something pop up.
[01:40:03.840 --> 01:40:05.840]  But I had a couple of questions for you guys.
[01:40:05.840 --> 01:40:10.840]  I've called before, and one was about right to travel,
[01:40:10.840 --> 01:40:13.840]  but I'll get to that in a second.
[01:40:13.840 --> 01:40:17.840]  The other part of the question was about the public servants questionnaire,
[01:40:17.840 --> 01:40:20.840]  which I've heard some stuff about recently,
[01:40:20.840 --> 01:40:21.840]  and I did get a copy of,
[01:40:21.840 --> 01:40:27.840]  and I'm in the process of actually printing that up and coding it around with me as I travel.
[01:40:27.840 --> 01:40:33.840]  But the first question actually most, I guess, time-sensitive that I have is,
[01:40:33.840 --> 01:40:36.840]  I had a guy living next to me for a period of time.
[01:40:36.840 --> 01:40:40.840]  His mother owned the property, the house.
[01:40:40.840 --> 01:40:46.840]  He is, suffice it to say, a sub-savory character,
[01:40:46.840 --> 01:40:52.840]  what with the beating of the girlfriend out on the front lawn, the, like, open,
[01:40:52.840 --> 01:40:54.840]  just right out in the open, just, like, or, you know,
[01:40:54.840 --> 01:40:58.840]  calling people up saying they didn't get cocaine and stuff like this,
[01:40:58.840 --> 01:41:02.840]  punching holes in the wall at four in the morning, this kind of business.
[01:41:02.840 --> 01:41:05.840]  Just not the most delightful character to live next to.
[01:41:05.840 --> 01:41:08.840]  At any rate, he's actually threatened me before,
[01:41:08.840 --> 01:41:13.840]  and I don't think he knows that I am always armed.
[01:41:13.840 --> 01:41:20.840]  But at any rate, I find out his mom is evicting the current tenants from that property
[01:41:20.840 --> 01:41:23.840]  who are far more savory than he.
[01:41:23.840 --> 01:41:27.840]  But at any rate, apparently he's just gotten out of jail
[01:41:27.840 --> 01:41:32.840]  and is going to be moving back in again, much to my dismay.
[01:41:32.840 --> 01:41:40.840]  So is there any way to go about preventing this individual from moving back in?
[01:41:40.840 --> 01:41:44.840]  That's, I suppose, the first thing that I want to get into.
[01:41:44.840 --> 01:41:48.840]  Okay. In a nutshell, no.
[01:41:48.840 --> 01:41:50.840]  I didn't think so.
[01:41:50.840 --> 01:41:51.840]  Yeah.
[01:41:51.840 --> 01:41:53.840]  No way. It's mother's property.
[01:41:53.840 --> 01:41:56.840]  Yeah. It should be fairly easy to get him back up the river, though.
[01:41:56.840 --> 01:41:57.840]  Yeah.
[01:41:57.840 --> 01:41:58.840]  Oh, yeah, yeah.
[01:41:58.840 --> 01:42:01.840]  It won't be too difficult to get him heading back up that way.
[01:42:01.840 --> 01:42:05.840]  But I'm just, I'm, you know, kind of of the disposition to, you know,
[01:42:05.840 --> 01:42:12.840]  if I can avoid any sort of business like that, you know, getting involved with that,
[01:42:12.840 --> 01:42:14.840]  I'd prefer to, but...
[01:42:14.840 --> 01:42:17.840]  Well, you may try talking to the landlord and try to say,
[01:42:17.840 --> 01:42:21.840]  hey, you know, this really ain't the kind of person you want to be renting to.
[01:42:21.840 --> 01:42:26.840]  Well, no. I mean, his mom is the owner of the property.
[01:42:26.840 --> 01:42:27.840]  He just got out of jail.
[01:42:27.840 --> 01:42:30.840]  And this is the reason that he is the way he is is because, you know,
[01:42:30.840 --> 01:42:33.840]  he makes these poor decisions and his mom says, oh, well, let's reward you by,
[01:42:33.840 --> 01:42:36.840]  you know, giving you a place to live rather than, well,
[01:42:36.840 --> 01:42:38.840]  you've made some bad decisions and you're a big boy now,
[01:42:38.840 --> 01:42:40.840]  so you're going to have to suffer the consequences,
[01:42:40.840 --> 01:42:44.840]  and it pains me to see you do that, you know, that kind of thing.
[01:42:44.840 --> 01:42:46.840]  But at any rate, that's kind of where we're at.
[01:42:46.840 --> 01:42:49.840]  So there really isn't a whole lot I can do other than wait for him to screw up again
[01:42:49.840 --> 01:42:51.840]  and kind of get to good uses.
[01:42:51.840 --> 01:42:56.840]  I know most of the APB that patrol the area and everything
[01:42:56.840 --> 01:43:01.840]  because the tenant that is presently there has had some domestic dispute issues,
[01:43:01.840 --> 01:43:03.840]  and she's a real sweetheart,
[01:43:03.840 --> 01:43:09.840]  but I've gotten to sort of assist in that department and, as a consequence,
[01:43:09.840 --> 01:43:15.840]  get to know a lot of the officers on duty or a bunch of upstanding folks.
[01:43:15.840 --> 01:43:19.840]  Well, the good news is we said it's a free country.
[01:43:19.840 --> 01:43:20.840]  Yeah.
[01:43:20.840 --> 01:43:23.840]  The bad news is it's a free country.
[01:43:23.840 --> 01:43:26.840]  It's a free country, yeah.
[01:43:26.840 --> 01:43:27.840]  Yep.
[01:43:27.840 --> 01:43:29.840]  Nothing's free.
[01:43:29.840 --> 01:43:32.840]  Yeah, that's about what I figured.
[01:43:32.840 --> 01:43:34.840]  Okay, listen, Ryan, we're going to break.
[01:43:34.840 --> 01:43:37.840]  If you want to hang on until the other side,
[01:43:37.840 --> 01:43:39.840]  if you have more questions, you're welcome to.
[01:43:39.840 --> 01:43:42.840]  Yeah, next I've got something about the right to travel.
[01:43:42.840 --> 01:43:43.840]  Okay, excellent.
[01:43:43.840 --> 01:43:44.840]  All right, we'll be right back.
[01:43:44.840 --> 01:43:48.840]  We've got Mitchell and Hans, and the phone lines are clearing out again,
[01:43:48.840 --> 01:43:53.840]  so callers, please call in 512-646-1984.
[01:43:53.840 --> 01:43:58.840]  We will be right back.
[01:43:58.840 --> 01:44:03.840]  We'll be right back.
[01:44:28.840 --> 01:44:33.840]  We'll be right back.
[01:44:58.840 --> 01:45:03.840]  Hello.
[01:45:03.840 --> 01:45:06.840]  Oh, man, she in jail.
[01:45:06.840 --> 01:45:07.840]  She's broken up.
[01:45:07.840 --> 01:45:16.840]  Oh, man, I'm broken.
[01:45:16.840 --> 01:45:20.840]  Some things in this world I will never understand.
[01:45:20.840 --> 01:45:25.840]  Some things I realize foolish.
[01:45:25.840 --> 01:45:29.840]  Somebody's gonna police a policeman.
[01:45:29.840 --> 01:45:33.840]  Somebody's gonna police a bully.
[01:45:33.840 --> 01:45:38.840]  There's always a room at the top of the hill.
[01:45:38.840 --> 01:45:42.840]  I hear through the grapevine and it's lonely left too.
[01:45:42.840 --> 01:45:46.840]  They're wishing it was more than opposition to fail.
[01:45:46.840 --> 01:45:51.840]  They know that if they don't do it, somebody will.
[01:45:51.840 --> 01:45:57.840]  Some things in this world I will never understand.
[01:45:57.840 --> 01:45:58.840]  Okay, we are back.
[01:45:58.840 --> 01:46:04.840]  The rule of law, Randy Kelton and Deborah Stevens and Eddie Craig here.
[01:46:04.840 --> 01:46:10.840]  We're taking your calls, 512-646-1984.
[01:46:10.840 --> 01:46:16.840]  We're speaking with Ryan in Texas, and you had some questions about right to travel.
[01:46:16.840 --> 01:46:18.840]  Yeah, sure enough.
[01:46:18.840 --> 01:46:22.840]  I had actually called in once upon a time ago, about a year ago,
[01:46:22.840 --> 01:46:25.840]  with some stuff about right to travel when I first started hearing about it.
[01:46:25.840 --> 01:46:30.840]  At any rate, fast forward a year, and at this point, right now,
[01:46:30.840 --> 01:46:36.840]  I've got a folder with all the information with regards to what happened last time,
[01:46:36.840 --> 01:46:40.840]  but let it all boil down to, I guess, the judge.
[01:46:40.840 --> 01:46:49.840]  I had needed a, I guess, a continuance, you know, asking to, like, kind of extend the date on it
[01:46:49.840 --> 01:46:52.840]  for an appearance and, like, a motion for a continuance,
[01:46:52.840 --> 01:46:57.840]  and I guess the judge had decided not to allow for that.
[01:46:57.840 --> 01:47:01.840]  So at that point, I just said, well, you know, you gave me a ticket for,
[01:47:01.840 --> 01:47:08.840]  I was given a ticket for, I guess, driving, what was it, expired, or no,
[01:47:08.840 --> 01:47:10.840]  driving without a driver's license when I presented them
[01:47:10.840 --> 01:47:14.840]  with a Washington State expired driver's license.
[01:47:14.840 --> 01:47:17.840]  But at any rate, fast forward a year here,
[01:47:17.840 --> 01:47:23.840]  and I guess I have a warrant for that here in Travis County.
[01:47:23.840 --> 01:47:30.840]  And at this point, I'm driving a vehicle that the inspection and registration just went,
[01:47:30.840 --> 01:47:34.840]  or just this week, I guess, will be going south.
[01:47:34.840 --> 01:47:39.840]  So it shouldn't be too much longer before my next encounter.
[01:47:39.840 --> 01:47:40.840]  And I'm kind of wondering...
[01:47:40.840 --> 01:47:42.840]  Just an FYI.
[01:47:42.840 --> 01:47:46.840]  If it's already expired, just go ahead and scrape it off,
[01:47:46.840 --> 01:47:52.840]  because the first thing they're going to do is write you up a ticket saying displayed expired registration.
[01:47:52.840 --> 01:47:57.840]  And if it's not on the car, that's a falsification.
[01:47:57.840 --> 01:47:59.840]  That's aggravated perjury.
[01:47:59.840 --> 01:48:01.840]  Okay.
[01:48:01.840 --> 01:48:02.840]  I like that.
[01:48:02.840 --> 01:48:06.840]  And that actually is kind of the direction I was leaning.
[01:48:06.840 --> 01:48:07.840]  That's kind of the direction I was leaning,
[01:48:07.840 --> 01:48:12.840]  and I was halfway kind of tilting towards just, you know,
[01:48:12.840 --> 01:48:17.840]  almost putting some different plates on there simply because I know a big part of the reason
[01:48:17.840 --> 01:48:25.840]  that I don't get pulled over in my secondary vehicle is because it has plates from a state far, far away.
[01:48:25.840 --> 01:48:30.840]  And so, you know, they can't creep up behind you, run those plates through the system,
[01:48:30.840 --> 01:48:37.840]  and say, oh, this guy, you know, doesn't have insurance or registration is inspected or what have you.
[01:48:37.840 --> 01:48:40.840]  But I'm guessing maybe that's not the way I want to lean.
[01:48:40.840 --> 01:48:43.840]  Is that right?
[01:48:43.840 --> 01:48:50.840]  If they find out that those plates are bogus, then that is a big deal.
[01:48:50.840 --> 01:48:52.840]  I kind of screwed myself on it.
[01:48:52.840 --> 01:48:54.840]  I didn't hear him say the plates were bogus.
[01:48:54.840 --> 01:48:56.840]  I heard him say they were from a state far away.
[01:48:56.840 --> 01:48:57.840]  They're not bogus.
[01:48:57.840 --> 01:48:58.840]  They're just expired.
[01:48:58.840 --> 01:49:03.840]  Are they valid plates registered to this vehicle?
[01:49:03.840 --> 01:49:04.840]  To vehicle A?
[01:49:04.840 --> 01:49:07.840]  No, they are for vehicle B.
[01:49:07.840 --> 01:49:14.840]  Yeah, if you got plate A on vehicle B or plate B on vehicle A.
[01:49:14.840 --> 01:49:15.840]  That's a good argument.
[01:49:15.840 --> 01:49:17.840]  That's a good argument.
[01:49:17.840 --> 01:49:18.840]  That's a big deal.
[01:49:18.840 --> 01:49:22.840]  That's a $25,000 fine.
[01:49:22.840 --> 01:49:26.840]  Okay, so we'll go ahead and take a pass on that.
[01:49:26.840 --> 01:49:32.840]  You're much better off doing what I do, which is no plates that belong to the state at all.
[01:49:32.840 --> 01:49:35.840]  Now, you're going to run into them a lot more often.
[01:49:35.840 --> 01:49:40.840]  But the fact of the matter is they can't charge you with putting a false identification tag,
[01:49:40.840 --> 01:49:47.840]  a false tax ID number, which is what that license plate really is, on your vehicle.
[01:49:47.840 --> 01:49:52.840]  But can they charge you with no plate?
[01:49:52.840 --> 01:49:54.840]  They charge me with expired plates.
[01:49:54.840 --> 01:49:57.840]  Once again, aggravated perjury.
[01:49:57.840 --> 01:50:03.840]  Okay, so, and then, see, because my thing is, I mean, the least amount of conflict that I can get,
[01:50:03.840 --> 01:50:07.840]  I mean, I'm not, I have no fear of getting into it with them.
[01:50:07.840 --> 01:50:11.840]  But I would just as soon be able to have the Texas driver's code with me or, you know,
[01:50:11.840 --> 01:50:17.840]  any of the other laws kind of printed up on a, you know, two or three pages in big bold letters
[01:50:17.840 --> 01:50:19.840]  and say, well, here's the law.
[01:50:19.840 --> 01:50:21.840]  You are, you know that this is the law.
[01:50:21.840 --> 01:50:27.840]  Feel free to write me that citation if you need to, you know, and have a good evening.
[01:50:27.840 --> 01:50:30.840]  Well, here's what I told Randy before we got on the air tonight.
[01:50:30.840 --> 01:50:34.840]  I'm making a new attachment to my paperwork that I keep in my car.
[01:50:34.840 --> 01:50:38.840]  It is going to be a motion and demand for disclosure of assets.
[01:50:38.840 --> 01:50:43.840]  And it's going to ask the cop to list all of his bank accounts, current amounts, account numbers,
[01:50:43.840 --> 01:50:46.840]  all personal real estate and private property.
[01:50:46.840 --> 01:50:50.840]  And when he asks what this is for, I'm going to tell him it's for the tort that I'm going to file
[01:50:50.840 --> 01:50:57.840]  as soon as you hand me that ticket.
[01:50:57.840 --> 01:50:58.840]  Oh, God, that's good.
[01:50:58.840 --> 01:51:02.840]  Tell him, you guys, you're going to make me a lot of money.
[01:51:02.840 --> 01:51:04.840]  Oh, I like that.
[01:51:04.840 --> 01:51:10.840]  And when I start driving around in a brand new, you know, Lamborghini and they pull this crap,
[01:51:10.840 --> 01:51:13.840]  that idea may carry a whole lot of extra weight to them.
[01:51:13.840 --> 01:51:14.840]  I'm going, yeah, I'd like to thank you all.
[01:51:14.840 --> 01:51:19.840]  The last guy that wrote me a ticket bought this car.
[01:51:19.840 --> 01:51:20.840]  I like that idea.
[01:51:20.840 --> 01:51:26.840]  In fact, the sooner that's up, the happier I'll be to print that up and throw that in the rest of my stuff.
[01:51:26.840 --> 01:51:32.840]  Because right now, I mean, I carry the little bit that I can or that I've come across so far,
[01:51:32.840 --> 01:51:36.840]  one of them being the various statutes.
[01:51:36.840 --> 01:51:44.840]  What was it we discussed last, I guess, almost a year ago, 523.006, 523.007?
[01:51:44.840 --> 01:51:46.840]  543.
[01:51:46.840 --> 01:51:48.840]  Was it 543?
[01:51:48.840 --> 01:51:49.840]  Yes.
[01:51:49.840 --> 01:51:52.840]  If you're talking about arrest without warrant.
[01:51:52.840 --> 01:51:57.840]  I think that, yeah, I think that was it.
[01:51:57.840 --> 01:52:02.840]  Yeah, 543.006, time and place to appear, and then 543.008,
[01:52:02.840 --> 01:52:10.840]  which basically says that if you violate 543.006 and 7, then you're subject to removal from office.
[01:52:10.840 --> 01:52:11.840]  Yeah.
[01:52:11.840 --> 01:52:18.840]  That misconduct in office actually falls under the penal code.
[01:52:18.840 --> 01:52:26.840]  It is official misconduct, and it is a Class A misdemeanor.
[01:52:26.840 --> 01:52:37.840]  The other question I had is, because I was just trying to figure out what exactly I need to do when the inevitable next encounter occurs,
[01:52:37.840 --> 01:52:42.840]  what probably the best tactic is going to be for the attack here?
[01:52:42.840 --> 01:52:51.840]  And then also, how does or does this at all tie into what's recently been going around to talk about the public servants questionnaire?
[01:52:51.840 --> 01:52:53.840]  Are you guys familiar?
[01:52:53.840 --> 01:52:54.840]  I've read it.
[01:52:54.840 --> 01:52:57.840]  Don't waste your time with it because they're not going to fill it out.
[01:52:57.840 --> 01:52:59.840]  They're not even going to look at it.
[01:52:59.840 --> 01:53:01.840]  I'll tell you that right now.
[01:53:01.840 --> 01:53:08.840]  That's really more for federal agents, like if the census comes to your door or the IRS comes knocking on your door or something.
[01:53:08.840 --> 01:53:10.840]  But aren't they, I mean, they're a public servant.
[01:53:10.840 --> 01:53:13.840]  Aren't they required by law to fill that information out?
[01:53:13.840 --> 01:53:22.840]  Most of the statutes of case law has to do with the federal public servants, not local public servants,
[01:53:22.840 --> 01:53:27.840]  and really it's just a way to get them to leave you alone more than anything.
[01:53:27.840 --> 01:53:32.840]  I wouldn't necessarily use that for cops on the beat pulling you over for a traffic ticket.
[01:53:32.840 --> 01:53:38.840]  I intend to use it when the census comes to my door because I ain't going to tell them nothing.
[01:53:38.840 --> 01:53:41.840]  You know, I saw a guy the other day I thought was with the census.
[01:53:41.840 --> 01:53:43.840]  I actually zipped around to see if it was.
[01:53:43.840 --> 01:53:48.840]  I mean, it turned out it wasn't, but I've been looking high and low for this guy.
[01:53:48.840 --> 01:53:51.840]  He was standing in front of your house with a GPS unit?
[01:53:51.840 --> 01:53:57.840]  Oh, man, yeah, because there's Ron Paul stickers on the front and back of the truck and everything else.
[01:53:57.840 --> 01:53:58.840]  So, yeah.
[01:53:58.840 --> 01:54:00.840]  So you're definitely a terrorist.
[01:54:00.840 --> 01:54:01.840]  Yeah, definitely.
[01:54:01.840 --> 01:54:02.840]  Oh, yeah.
[01:54:02.840 --> 01:54:06.840]  Let me address this public servant questionnaire.
[01:54:06.840 --> 01:54:15.840]  I have researched the case law cited in it, and all of it goes to Freedom of Information Act for you.
[01:54:15.840 --> 01:54:16.840]  Okay.
[01:54:16.840 --> 01:54:22.840]  That puts no compulsion on the person at your door.
[01:54:22.840 --> 01:54:26.840]  It puts a compulsion on the director of whatever agency he works for.
[01:54:26.840 --> 01:54:33.840]  If he's not the custodian of the record, he has no specific duty to answer.
[01:54:33.840 --> 01:54:44.840]  So these guys claiming that the official has a duty to answer are misunderstanding Federal Crop Insurance v. Merrill.
[01:54:44.840 --> 01:54:46.840]  Well, I'll tell you what.
[01:54:46.840 --> 01:54:56.840]  I'm placing a duty on them because I ain't telling anybody anything unless I know damn well who they are first, for sure,
[01:54:56.840 --> 01:55:02.840]  unless I know that they have the authority to require of me to answer their questions.
[01:55:02.840 --> 01:55:04.840]  So I'm requiring it.
[01:55:04.840 --> 01:55:05.840]  Well, and anybody.
[01:55:05.840 --> 01:55:06.840]  Exactly.
[01:55:06.840 --> 01:55:11.840]  And that just goes across the board for anybody coming to my door or calling me on the phone.
[01:55:11.840 --> 01:55:14.840]  Well, it becomes kind of a hazard at that point.
[01:55:14.840 --> 01:55:17.840]  You can have anybody show up at your door and say how many people live here.
[01:55:17.840 --> 01:55:18.840]  Exactly.
[01:55:18.840 --> 01:55:22.840]  And then next week show up and say, well, there's two people that live here.
[01:55:22.840 --> 01:55:25.840]  They work from this hour to that hour, and they don't own guns.
[01:55:25.840 --> 01:55:31.840]  Well, and the other thing about the census is that under Constitution,
[01:55:31.840 --> 01:55:34.840]  the government may be required to conduct a census.
[01:55:34.840 --> 01:55:39.840]  I don't see anything in the Constitution that says I'm required to participate.
[01:55:39.840 --> 01:55:41.840]  Yeah, also true.
[01:55:41.840 --> 01:55:42.840]  Okay.
[01:55:42.840 --> 01:55:45.840]  I didn't see anything in there about it.
[01:55:45.840 --> 01:55:53.840]  So I guess going back to just kind of, you know, protecting my butt as far as the next encounter goes,
[01:55:53.840 --> 01:56:05.840]  scraping the registration and inspection is probably a good idea because I can't claim that I'm displaying expired registration or inspection.
[01:56:05.840 --> 01:56:06.840]  Right.
[01:56:06.840 --> 01:56:16.840]  And there's nothing actually in the transportation code that addresses lack of the inspection sticker or the registration sticker.
[01:56:16.840 --> 01:56:22.840]  It only addresses the display of expired registration and inspection.
[01:56:22.840 --> 01:56:25.840]  No kidding.
[01:56:25.840 --> 01:56:29.840]  Now, it does address no license plate.
[01:56:29.840 --> 01:56:36.840]  Okay. However, the presumption would have to be does your vehicle have to be licensed?
[01:56:36.840 --> 01:56:40.840]  And the answer would be no, not if it's not being used in commerce.
[01:56:40.840 --> 01:56:44.840]  Where do I go about getting – the other one I wanted to know is I'm actually going to –
[01:56:44.840 --> 01:56:49.840]  I'm planning on getting ahold of one of these black law dictionaries and just toting it around with me.
[01:56:49.840 --> 01:56:54.840]  It's just going to, you know, put in the backseat and that kind of thing just to –
[01:56:54.840 --> 01:56:55.840]  Trust me.
[01:56:55.840 --> 01:56:57.840]  That's only going to be good for you.
[01:56:57.840 --> 01:57:01.840]  You're not going to get these police officers to cooperate in showing them anything.
[01:57:01.840 --> 01:57:04.840]  I mean, you're just not, and that's just a fact.
[01:57:04.840 --> 01:57:06.840]  I don't want to burst your bubble, but it's a fact.
[01:57:06.840 --> 01:57:07.840]  Yeah.
[01:57:07.840 --> 01:57:16.840]  You're much better off just handing them – instead of giving them the driver's license and registration on demand, hand them the legal notice.
[01:57:16.840 --> 01:57:21.840]  The legal notice contains all the stuff you're wanting them to know anyway.
[01:57:21.840 --> 01:57:23.840]  What legal notice are you referring to?
[01:57:23.840 --> 01:57:30.840]  Well, the one that I carry, for instance, you said you have paperwork that you use and everybody's got some sentiments of it
[01:57:30.840 --> 01:57:32.840]  or at least trying to come up with one.
[01:57:32.840 --> 01:57:38.840]  When we do our traffic seminar, it's going to be included as one of the things that you can carry in your car.
[01:57:38.840 --> 01:57:42.840]  I keep a whole box of them in the front seat of my car right next to me.
[01:57:42.840 --> 01:57:45.840]  If I get pulled over, they ask for license and registration.
[01:57:45.840 --> 01:57:47.840]  That's what I give them a copy of.
[01:57:47.840 --> 01:57:49.840]  When are you guys putting that together?
[01:57:49.840 --> 01:57:51.840]  Do we have a date set for it yet?
[01:57:51.840 --> 01:57:55.840]  Because I would be very interested in attending that.
[01:57:55.840 --> 01:57:58.840]  Well, I'm working on trying to get the materials down.
[01:57:58.840 --> 01:58:01.840]  I'm trying to make it totally comprehensive.
[01:58:01.840 --> 01:58:08.840]  Not only do we want to give you the actual statutes, I want to give you the ability to have motion examples,
[01:58:08.840 --> 01:58:15.840]  affidavit examples, evidentiary examples, testimonial examples.
[01:58:15.840 --> 01:58:25.840]  I want you to be able to take this information from this traffic seminar and go beat every municipal judge and cop to death with it.
[01:58:25.840 --> 01:58:29.840]  You know, and I'll tell you what, if you need help with it, I'll work two jobs.
[01:58:29.840 --> 01:58:35.840]  But whatever time I've got with it, I'll be happy to roll up my sleeves on it and contribute what I can.
[01:58:35.840 --> 01:58:37.840]  I appreciate that.
[01:58:37.840 --> 01:58:40.840]  Because I think the more people get on board with this and the more people roll up their sleeves
[01:58:40.840 --> 01:58:44.840]  and just kind of take the stance on it and say, no, that's not right.
[01:58:44.840 --> 01:58:46.840]  Listen, we're about to catch a break.
[01:58:46.840 --> 01:58:47.840]  I'm sorry.
[01:58:47.840 --> 01:58:49.840]  It's going to cut us off whether we like it or not.
[01:58:49.840 --> 01:58:53.840]  So if you have some more to say, you're welcome to hang on the line.
[01:58:53.840 --> 01:58:54.840]  I appreciate it, Debra.
[01:58:54.840 --> 01:58:56.840]  I'll let you guys get to the next call.
[01:58:56.840 --> 01:58:57.840]  OK, great.
[01:58:57.840 --> 01:58:57.840]  Thank you.
[01:58:57.840 --> 01:58:58.840]  We'll be right back.
[01:58:58.840 --> 01:58:59.840]  Thank you much.
[01:58:59.840 --> 01:59:00.840]  Bye.
[01:59:00.840 --> 01:59:15.840]  Thank you.
[01:59:30.840 --> 01:59:45.840]  Thank you.
[01:59:45.840 --> 02:00:00.840]  Thank you.