ROL_2009-08-07_16k_Hr1-2.timecode

[00:00.000 --> 00:04.880]  This news brief brought to you by the International News Next.
[00:04.880 --> 00:12.240]  In Iraq Friday, a car bomb devastated a Shiite mosque, killing 37 pilgrims.
[00:12.240 --> 00:18.440]  A new CNN opinion poll shows popular support for the Afghanistan war is at an all-time
[00:18.440 --> 00:19.440]  low.
[00:19.440 --> 00:24.480]  Fifty-four percent of respondents are opposed and only 41 percent in favor.
[00:24.480 --> 00:30.480]  Dempsey's CIA drone strike in South Waziristan, which killed Taliban leader Betullah Mesud's
[00:30.480 --> 00:36.160]  second wife and injured several children, may have also killed Mesud himself.
[00:36.160 --> 00:40.840]  This news brief brought to you by the International News Next.
[00:40.840 --> 00:46.840]  A court in Virginia heard Thursday guards employed by the U.S. security company Blackwater
[00:46.840 --> 00:51.480]  shot and killed Iraqis in allegedly unprovoked and random attacks.
[00:51.480 --> 00:57.280]  The court also received sworn statements from former Blackwater employees alleging that
[00:57.280 --> 01:02.920]  Eric Prince, the company's founder, views himself as a Christian crusader tasked with
[01:02.920 --> 01:05.600]  eliminating Muslims and the Islamic faith.
[01:05.600 --> 01:10.800]  They also accused the company of following a policy of deliberate killings and arms dealing
[01:10.800 --> 01:16.780]  and of employing people unfit or improperly trained to handle lethal weapons.
[01:16.780 --> 01:22.440]  In Baghdad Thursday, some Iraqis said they believe the case was a last chance for justice
[01:22.440 --> 01:27.360]  and an opportunity for America to divorce the behavior of its military from private
[01:27.360 --> 01:28.360]  contractors.
[01:28.360 --> 01:34.640]  Fareed Walid, who was shot in Nisour Square two years ago during a massacre that killed
[01:34.640 --> 01:41.040]  17 Iraqis, said everybody here knows of cases where Blackwater guards shot innocent people
[01:41.040 --> 01:47.640]  without a second thought.
[01:47.640 --> 01:52.360]  In Afghanistan, a U.S. military helicopter Thursday attacked a group of what it believed
[01:52.360 --> 01:57.360]  were militants loading munitions into a van, killing five of them.
[01:57.360 --> 02:02.800]  According to police in Kandahar province, they were farm workers loading cucumbers.
[02:02.800 --> 02:08.480]  Despite police confirming the van it hit was full of cucumbers, NATO maintained those it
[02:08.480 --> 02:10.200]  killed were militants.
[02:10.200 --> 02:14.600]  The attack is the second disputed incident of civilian killings in Kandahar province
[02:14.600 --> 02:16.280]  in as many days.
[02:16.280 --> 02:21.560]  The previous night, another helicopter launched an attack on a family compound killing four
[02:21.560 --> 02:23.960]  people, three of them children.
[02:23.960 --> 02:27.600]  The family insists the four were sleeping at the time of the attack.
[02:27.600 --> 02:33.800]  NATO insists they were carrying plastic jugs and assumes they were planting roadside bombs.
[02:33.800 --> 02:39.280]  NATO maintains the four were insurgents despite the fact three of them were children.
[02:39.280 --> 02:43.600]  The two incidents come just a week after a U.N. report cautioned the war is taking a
[02:43.600 --> 02:47.000]  rising toll on the civilian population.
[02:47.000 --> 03:01.140]  Top of the hour news brought to you by INN World Report.
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[04:01.360 --> 04:09.520]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[04:09.520 --> 04:24.520]  talk radio at its best.
[04:24.520 --> 04:43.760]  Thank
[04:43.760 --> 04:48.760]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:48.760 --> 04:53.760]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:53.760 --> 04:59.760]  When you were eight and you had bad traits You'd go to school and learn the golden rules
[04:59.760 --> 05:04.760]  So why are you acting like a bloody fool? If you get hot, then you must get cool
[05:04.760 --> 05:10.760]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:10.760 --> 05:15.760]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:15.760 --> 05:19.760]  You took it on that one, you took it on this one, you took it on your mind
[05:19.760 --> 05:27.760]  Alright, you are listening to The Rule of Law, Randy Kelton, Deborah Stevens, and Eddie Craig
[05:27.760 --> 05:38.760]  It is our Friday Night Info Marathon, we'll be taking your calls tonight, 512-646-1984
[05:38.760 --> 05:45.760]  Alright, before we start on the discussion that Eddie wants to talk about concerning the administrative code
[05:45.760 --> 05:49.760]  and the traffic code, we just want to announce our seminar again
[05:49.760 --> 05:56.760]  We have not set a date yet, we will set a date once we get 20 prepaid participants
[05:56.760 --> 06:02.760]  It's going to be a two-day seminar, day one, Eddie will go over the traffic code
[06:02.760 --> 06:08.760]  and talk about remedies and how they break the law and what can be done about it, causes of action that are generated
[06:08.760 --> 06:10.760]  and criminal charges that are generated
[06:10.760 --> 06:18.760]  Day two, Randy and I are going over due process, how to file criminal complaints, proper grand jury functioning
[06:18.760 --> 06:26.760]  how we can restore our juries, and then at the end we'll all three be presenting various different remedies
[06:26.760 --> 06:33.760]  These are going to be remedies in the civil and the criminal arena, so Jurisdictionary is being offered as part of the course
[06:33.760 --> 06:39.760]  It's a prerequisite actually, because you'll need to understand the fundamentals in the Jurisdictionary course
[06:39.760 --> 06:44.760]  in order to understand some of the remedies that we will be presenting
[06:44.760 --> 06:53.760]  So for late comers, people signing up at the last minute, walk-ins, you'll just have to go over Jurisdictionary after the seminar
[06:53.760 --> 06:58.760]  and we encourage people to get to prepay and register for the seminar as soon as possible
[06:58.760 --> 07:02.760]  so they'll have time to go through the Jurisdictionary course before the seminar
[07:02.760 --> 07:08.760]  and we will set a date for the seminar once we get 20 prepaid participants
[07:08.760 --> 07:21.760]  The price of the seminar is $400, which includes Jurisdictionary, that's 200 bucks a day for a humdinger of a packet of information
[07:21.760 --> 07:28.760]  Civil, criminal, traffic, due process, you name it
[07:28.760 --> 07:34.760]  and the average price of a cost of a ticket is going to be around $400 anyway, a traffic ticket
[07:34.760 --> 07:41.760]  plus how much extra you're going to pay in the raising of your insurance rates, so it's well worth it
[07:41.760 --> 07:47.760]  and we could easily charge $400 for a two-day seminar of this nature, even without Jurisdictionary
[07:47.760 --> 07:52.760]  so you're just not going to get any better than this
[07:52.760 --> 07:59.760]  and couples, $600, we give a discount for married couples and you get one copy of Jurisdictionary
[07:59.760 --> 08:08.760]  and if you already have Jurisdictionary, just give this other copy to someone you love, someone who may be interested, who needs the information
[08:08.760 --> 08:16.760]  We're not giving out any discounts for people who already have Jurisdictionary, this is the deal and that's the way it is
[08:16.760 --> 08:21.760]  so we encourage people to sign up as soon as possible, it's going to be at Brave New Books
[08:21.760 --> 08:28.760]  and in the unlikely event that we do not get 20 people registering by 30 days from this date
[08:28.760 --> 08:33.760]  and I'll be making an announcement, a post on the website this weekend, I'm sorry I haven't got to it yet
[08:33.760 --> 08:37.760]  I've been working full-time to try to make things work here
[08:37.760 --> 08:42.760]  be posting a notice on the website this weekend and from 30 days of that notice
[08:42.760 --> 08:49.760]  if we do not get 20 prepaid participants, then whoever has paid will get their money refunded minus the $25 fee
[08:49.760 --> 08:54.760]  for my time spent processing and just please consider that a donation
[08:54.760 --> 08:58.760]  which we desperately need money right now at any rate
[08:58.760 --> 09:05.760]  so that's the short and skinny of the seminar, we're very excited about it and I hope you are too, go ahead Randy
[09:05.760 --> 09:12.760]  Yeah, we desperately need donations and I'm going to make an offer of how to give us some donations
[09:12.760 --> 09:21.760]  if you know anybody who handles a product that our listeners tend to be interested in
[09:21.760 --> 09:25.760]  health food products, alternative energy, alternative health
[09:25.760 --> 09:32.760]  and refer them to us and they become a sponsor, we'll send you $100
[09:32.760 --> 09:40.760]  and then you can donate that back to my beer fund or not
[09:40.760 --> 09:44.760]  but if you can send us and get us set up with a sponsor
[09:44.760 --> 09:52.760]  we will be more than happy to send you some of the first payment on our sponsorship
[09:52.760 --> 09:58.760]  so we can keep this network on the air, it's getting pretty tough here lately
[09:58.760 --> 10:03.760]  Debra and I have just used up everything we have
[10:03.760 --> 10:07.760]  and it's getting really hard so we hate to ask on the air
[10:07.760 --> 10:13.760]  but it's getting right down to the wire, we've been supporting this out of our own pocket all this time
[10:13.760 --> 10:19.760]  and then trying to help people too and we're...
[10:19.760 --> 10:24.760]  Hello? Randy? Did we lose Randy?
[10:24.760 --> 10:28.760]  Don't play with the mute button, Randy
[10:28.760 --> 10:32.760]  I'm getting emails about what a chump I am for not helping everybody
[10:32.760 --> 10:39.760]  and for those that I can, I am sorry, I'm swamped trying to keep this network alive
[10:39.760 --> 10:44.760]  and I try to get to everybody I can as quickly as I can and sometimes I don't make it
[10:44.760 --> 10:52.760]  but if you know somebody who might benefit from advertising on the radio, by all means send them to us
[10:52.760 --> 11:02.760]  and the seminar, there's no better place to get a good legal education than on a ticket
[11:02.760 --> 11:08.760]  I mean, it's not like it's a big deal, it's just a few bucks, they're going to charge you anyway
[11:08.760 --> 11:14.760]  it will give you a great opportunity to really jerk these people around
[11:14.760 --> 11:21.760]  and I'm telling you, this seminar, what it's going to give you, you can really, really jerk them around
[11:21.760 --> 11:25.760]  and if you get done with them, they're not going to believe what's happening and know what everybody's thinking
[11:25.760 --> 11:29.760]  Well, you know, you guys, you really know all this stuff and we don't
[11:29.760 --> 11:34.760]  and it's hard to go in front of the court when you don't know all this stuff
[11:34.760 --> 11:41.760]  Well, it's done in the documentation, if you don't do it in the documents, you're not going to win it
[11:41.760 --> 11:45.760]  that's where it's won, it's not won talking to the judge
[11:45.760 --> 11:51.760]  and we will provide for you some documentation that you won't believe
[11:51.760 --> 11:57.760]  Okay, Eddie, you wanted to go into some of these things that these guys are not going to believe
[11:57.760 --> 12:03.760]  Yep, that I did, I spent, after talking on your remedies in the law last night
[12:03.760 --> 12:06.760]  I also introduced this document to the folks that were on there
[12:06.760 --> 12:07.760]  What, what?
[12:07.760 --> 12:09.760]  Yes, I know, evil rival
[12:09.760 --> 12:13.760]  Oh, my good, my good hymn
[12:13.760 --> 12:17.760]  But hey, look at it this way, it's also an audience that we can approach to come to the seminar
[12:17.760 --> 12:23.760]  and some of them even express an interest in doing so, so it's an additional facet that we didn't have access to without it
[12:23.760 --> 12:29.760]  Yeah, just for those who don't realize, we don't really have competition
[12:29.760 --> 12:36.760]  We're all on the same side, but I reserve the right to pick on them anyway
[12:36.760 --> 12:38.760]  You say, Alex, who?
[12:38.760 --> 12:40.760]  Yep
[12:40.760 --> 12:47.760]  The thing that I found interesting was this information is something that I had found when I was originally studying up on all this
[12:47.760 --> 12:56.760]  and as we've talked about before, the administrative code here in Texas is one of the, the one code that they have made it absolutely impossible
[12:56.760 --> 13:03.760]  to search and to review in context the individual sections as they have all of the other codes
[13:03.760 --> 13:10.760]  They have segregated the administrative code and made it much, much harder to access the information it contains
[13:10.760 --> 13:17.760]  But being diligent as I am with this, I actually went through the administrative code sections I needed
[13:17.760 --> 13:22.760]  and I went to each rule and copied them out and pasted them into a work document one by one
[13:22.760 --> 13:26.760]  And what we're going to go through tonight is the Texas administrative code
[13:26.760 --> 13:33.760]  It'll be in Title 37, which is Public Safety and Corrections. It'll be Part 1, Texas Department of Public Safety
[13:33.760 --> 13:40.760]  Chapter 1, Organization and Administration, and Subchapter B, Basic Doctrine. That's where we're going to start
[13:40.760 --> 13:45.760]  And it is Subheaded Rule Section 1.11
[13:45.760 --> 13:55.760]  Now, the very first thing it says here in 1.11a, the Department of Public Safety accepts its responsibilities as a public trust
[13:55.760 --> 14:04.760]  It is our policy to discharge with dispatch any responsibility to the fullest extent with maximum benefit for the public
[14:04.760 --> 14:11.760]  It is the policy of the department to afford maximum courtesy, service, and protection to all citizens and visitors in this state
[14:11.760 --> 14:14.760]  Now, who out there has heard of a propaganda machine?
[14:14.760 --> 14:23.760]  Most of the state troopers I run into, courtesy, service, and protection is low on their list of things to be stated during your encounter with them
[14:23.760 --> 14:28.760]  Now, that's not true of all of them. Some of them are very nice, they're very considerate, they're very straightforward
[14:28.760 --> 14:32.760]  And some of them you just want to wish they could find a different job
[14:32.760 --> 14:40.760]  Now, the department recognizes that government exists for the benefit of the governed, the people, or I'm glad they recognize it
[14:40.760 --> 14:46.760]  Enforcement and regulatory actions against persons are carried out for the benefit of society as a whole
[14:46.760 --> 14:53.760]  The department does not act to adjudicate or rectify injustices, inequities, or wrongs between individuals
[14:53.760 --> 14:59.760]  But acts only to maintain order for the preservation and protection of society as a whole
[14:59.760 --> 15:08.760]  Now, this is where we get into something we're going to skip down from there over D and over E or to E
[15:08.760 --> 15:21.760]  And it's going to tell us, the department recognizes that the basic responsibility for the enforcement of the criminal laws rests with the local officers in their respective jurisdictions
[15:21.760 --> 15:29.760]  It is the policy of the department to cooperate with and assist local officers fully in these matters
[15:29.760 --> 15:34.760]  But to leave the basic responsibility to them unless specifically assigned to do otherwise
[15:34.760 --> 15:47.760]  Now, this right here is telling us up front that the actual law enforcement activities are left to the municipalities and to the sheriff department, not to the Department of Public Safety
[15:47.760 --> 15:52.760]  Now, let's take that in context here and skip back up to D real quick
[15:52.760 --> 16:03.760]  It is a solemn obligation of members of the department to uphold the constitutions of the United States and the state of Texas as well as to enforce the statutory enactments
[16:03.760 --> 16:08.760]  Constitutional provisions take precedence over statutory enactments
[16:08.760 --> 16:19.760]  In the enforcement of the provisions of a statute, personnel of the Department of Public Safety will refrain from infringing upon any rights or privileges guaranteed by the constitutions
[16:19.760 --> 16:26.760]  Now, this is the administrative code. This is the rules that the public officials must live by
[16:26.760 --> 16:33.760]  It is their bread and butter on how they behave and what they are supposed to do
[16:33.760 --> 16:40.760]  Right there, they've admitted that they know what their duty is. They know they're not allowed to violate rights
[16:40.760 --> 16:43.760]  So let's get a chance to start calling them on this
[16:43.760 --> 16:44.760]  All right
[16:44.760 --> 16:48.760]  When we get back, we'll go a little further down and we're going to show you how we're going to call them on this
[16:48.760 --> 16:51.760]  Excellent. We'll be right back. This is the rule of law.
[16:51.760 --> 16:56.760]  Rene Kelton, Eddie Craig, Deborah Stevens
[17:22.760 --> 17:26.760] ...protect against all natural disasters and terror attacks that can happen at any time
[17:26.760 --> 17:30.760]  If you are not prepared, the last place you want to be is standing in FEMA lines
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[17:46.760 --> 17:49.760]  When ordering from SurvivalGearSource.com
[17:49.760 --> 17:53.760]  Remember to use promo code, ruleoflawradio.com.
[17:53.760 --> 18:09.760]  Again, that special promo code is ruleoflawradio.com.
[18:09.760 --> 18:11.760]  All right, we are back.
[18:11.760 --> 18:15.760]  The rule of law, Randy Kelton, Deborah Stevens, Eddie Craig.
[18:15.760 --> 18:24.760]  We're going over parts of the administrative code tonight, how it relates to traffic code.
[18:24.760 --> 18:26.760]  So go ahead, Eddie, please continue.
[18:26.760 --> 18:27.760]  Okay.
[18:27.760 --> 18:37.760]  Now we're going to skip down in the administrative code to Chapter 4, specifically Rule 4.11, General Applicability and Definitions, Sub-Item A.
[18:37.760 --> 18:49.760]  General, the Director of the Texas Department of Public Safety incorporates by reference the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulation,
[18:49.760 --> 19:07.760]  Parts 40, 380, 382, 385, 386, 387, 390 through 393, and 395 through 397, including all interpretations thereto, as amended through April 1, 2008.
[19:07.760 --> 19:17.760]  All other references in this subchapter to the Code of Federal Regulations also refer to amendments and interpretations issued through April 1, 2008.
[19:17.760 --> 19:19.760]  Okay.
[19:19.760 --> 19:29.760]  So, the rules adopted herein are to ensure that a commercial motor vehicle is safely maintained, equipped, loaded, and operated.
[19:29.760 --> 19:40.760]  The responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely.
[19:40.760 --> 19:48.760]  The physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely.
[19:48.760 --> 19:56.760]  Commercial motor vehicle operators are qualified by reason of training and experience to operate the vehicle safely,
[19:56.760 --> 20:13.760]  and the minimum levels of financial responsibility for motor carriers of property or passengers operating commercial motor vehicles in interstate, foreign, or intrastate commerce is maintained as required.
[20:13.760 --> 20:28.760]  Now, everything in subitem A deals 100% with commercial activities, commercial insurance, and commercial vehicles for hire.
[20:28.760 --> 20:30.760]  Okay.
[20:30.760 --> 20:37.760]  This is regulations governing transportation safety from the Texas Department of Public Safety.
[20:37.760 --> 20:44.760]  Now, Chapter 1 has already told us that their duties are to enforce the transportation statutes.
[20:44.760 --> 20:46.760]  Okay.
[20:46.760 --> 20:50.760]  And we'll get down to the specific sections it's dealing with here in just a moment.
[20:50.760 --> 21:04.760]  But right here we can see that everything that the director of the Texas Department of Public Safety does is governed by the Federal Motor Carrier Safety Regulations Title 49.
[21:04.760 --> 21:11.760]  Now, that means all interpretations, and interpretations, that includes definitions.
[21:11.760 --> 21:13.760]  Okay.
[21:13.760 --> 21:26.760]  So, all of the federal definitions for terminology must be carried over into the state definitions for those terminology because they are incorporated by reference.
[21:26.760 --> 21:28.760]  Okay.
[21:28.760 --> 21:31.760]  Now, let's go down a little bit further.
[21:31.760 --> 21:35.760]  There was a real interesting one.
[21:35.760 --> 21:36.760]  Okay.
[21:36.760 --> 21:38.760]  Applicability.
[21:38.760 --> 21:44.760]  This is subitem C under Rule 4.11.
[21:44.760 --> 21:49.760]  Subsection 1, the regulations shall be applicable to the following vehicles.
[21:49.760 --> 22:02.760]  A vehicle or combination of vehicles with an actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds when operating intrastate.
[22:02.760 --> 22:16.760]  A farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate.
[22:16.760 --> 22:23.480]  a vehicle designed or used to transport more than 15 passengers, including the driver,
[22:24.280 --> 22:31.720]  and a vehicle transporting hazardous material requiring a placard. Sub-Item E, a motor carrier
[22:31.720 --> 22:37.800]  transporting household goods for compensation and intrastate commerce in a vehicle not defined in
[22:37.800 --> 22:47.400]  Texas Transportation Code 548.001 Sub-Item 1, is subject to the record-keeping requirements of Title 49
[22:47.400 --> 22:53.720]  Code of Federal Regulations. Wait, before you go any further, for those of you who haven't looked
[22:53.720 --> 23:00.120]  at it yet lately, Eddie had me look at my driver's license and look at the rating on it and then look
[23:00.120 --> 23:09.240]  up the rating. And Item C and D, if you have a Texas driver's license, you are qualified as a
[23:09.240 --> 23:18.520]  commercial driver under C and D. You can haul, transport, and okay, I'm sorry, you can try,
[23:18.520 --> 23:26.200]  transport up to what, 16 passengers? 15 passengers, including, or no more than 15 passengers,
[23:26.200 --> 23:33.080]  including the driver. If it's 16 or more total occupants, then you must have a CDL.
[23:35.080 --> 23:42.680]  So, our license is a commercial license authorizing us to carry up to 15 passengers,
[23:43.240 --> 23:47.240]  and it also authorizes us to carry hazardous material and stuff?
[23:49.560 --> 23:55.000]  Not if it, if it requires a placard, I doubt it, because most of those would be in tanker cars,
[23:55.000 --> 24:01.320]  but they can be used if it's in a van that carries a placard. No, I was in that business,
[24:01.320 --> 24:09.000]  and I would go pick up a drum of hydrofluoric acid, the deadliest chemical outside of chemical warfare,
[24:09.000 --> 24:12.680]  attacks everything in the known world. I throw a 50-gallon drum out the back of my truck,
[24:13.400 --> 24:17.960]  and as long as I didn't have over a thousand pounds of it, I didn't even have to have a placard.
[24:17.960 --> 24:22.360]  Right, so you could transport anything as long as it doesn't require that placard.
[24:22.360 --> 24:27.480]  The point is, is your license is clearly commercial license.
[24:28.040 --> 24:35.400]  Yes, it is, and that includes the operation of any motor vehicle, let 26,000 pounds or less,
[24:36.840 --> 24:43.080]  because the Texas Transportation Code specifically allocates it as 26,001 or higher.
[24:43.080 --> 24:54.040]  Yes, and somewhere there's a stipulation, the 26,000 GBW intrastate or transporting commodities
[24:54.040 --> 24:55.240]  interstate. Right.
[24:55.240 --> 25:01.320]  26,000. Anyway, I'm sorry I interrupted. No, that's okay, but keep in mind that transport
[25:01.320 --> 25:09.480]  or transporting is all derived from transportation, which means the transporting of goods by common
[25:09.480 --> 25:15.160]  carrier, and that's exactly what we're dealing with here, is the regulations involved with
[25:15.160 --> 25:20.200]  common carriers and other specific types of commercial motor vehicles.
[25:21.480 --> 25:25.320]  All right, now I'm not going to read the rest of these because they deal with the record-keeping
[25:25.320 --> 25:30.280]  requirements that are dealt with in Title 49, so we're going to skip down to my next favorite rule,
[25:30.280 --> 25:39.800]  which is Rule 4.12, exemptions. Exemptions to the adoptions in Section 4.11 of this title
[25:39.800 --> 25:48.680]  may pursuant to Texas Transportation Code Sections 644.052 through 644.054.
[25:49.400 --> 25:55.320]  The reason I like this section is because I'm about to tell you what Section 644 deals with.
[25:55.320 --> 26:03.240]  644 is commercial motor vehicle safety standards. Now, you're going to see why that chapter is very
[26:03.240 --> 26:13.960]  important here in just a moment. Let's skip down to Rule 4.13, 4.13. Under Rule 4.13, it is titled
[26:13.960 --> 26:21.720]  Authority to Enforce Training and Certificate Requirements. This particular rule does two
[26:21.720 --> 26:29.240]  things. It states by what authority the Department of Public Safety is allowed to enforce the rules
[26:29.240 --> 26:36.920]  of 644 under the Transportation Code, or any of the other rules in the Transportation Code,
[26:37.640 --> 26:44.840]  and also how that authority is to be delegated to municipal police officers and county sheriffs and
[26:44.840 --> 26:54.440]  their deputies. Now, sub-item A, Authority to Enforce. One, an officer of the Department may
[26:54.440 --> 27:02.360]  stop, enter, or detain on a highway or at a port of entry a motor vehicle that is subject to Texas
[27:02.360 --> 27:11.240]  Transportation Code Chapter 644. Now, did anybody hear me mention subject to any other chapter or
[27:11.240 --> 27:19.400]  any other statute section under the Transportation Code other than Chapter 644? If you did, you're
[27:19.400 --> 27:26.200]  hallucinating because that's all it says. Item 2, a non-commissioned employee of the Department
[27:26.200 --> 27:32.520]  that is trained and certified to enforce the federal safety regulations may stop, enter, or
[27:32.520 --> 27:41.000]  detain at a commercial motor vehicle inspection site or at a port of entry a motor vehicle that
[27:41.000 --> 27:49.480]  is subject to Texas Transportation Code Chapter 644. An officer of the Department or a non-commissioned
[27:49.480 --> 27:55.960]  employee of the Department that is trained and certified to enforce the federal safety regulations
[27:55.960 --> 28:03.640]  may prohibit the further operation of a vehicle on a highway or at a port of entry if the
[28:03.640 --> 28:11.000]  vehicle or operator of the vehicle is in violation of Texas Transportation Code Chapter 522.
[28:11.000 --> 28:21.480]  Chapter 522 deals with what? It deals with the commercial driver's license, the CDL, or a federal
[28:21.480 --> 28:29.880]  safety regulation or rule adopted under Texas Transportation Code Chapter 644 by declaring the
[28:29.880 --> 28:37.400]  vehicle or operator out of service using the North American Standard Out-of-Service Criteria
[28:37.400 --> 28:43.160]  as a guideline. Now, when that officer has pulled you out of your car and told you you're under
[28:43.160 --> 28:47.160]  arrest, has he ever told you that he's putting you out of service according to the North American
[28:47.160 --> 28:54.600]  Standard? No. Why? Because he doesn't know what he's enforcing or why. He's just enforcing
[28:54.600 --> 29:00.040]  something he thinks he has the authority to enforce because he's wearing his costume and badge today.
[29:01.240 --> 29:06.040]  What we're going to see in a moment, however, is that there are very specific things that
[29:06.040 --> 29:12.680]  each of these officers must have already accomplished as a prerequisite before they are allowed
[29:12.680 --> 29:19.080]  to even speak to you about a traffic citation. And I guarantee you if you challenge it in court,
[29:19.080 --> 29:24.200]  you will find that almost none of these officers have this. But we're going to cover it.
[29:25.640 --> 29:31.880]  All right. Sub-Item 4. Municipal police officers from any of the following Texas
[29:31.880 --> 29:37.320]  cities meeting the training and certification requirements contained in Subsection B of this
[29:37.320 --> 29:44.280]  section and certified by the department may stop, enter, or detain on a highway or a port of entry
[29:44.280 --> 29:51.880]  within the municipality a motor vehicle subject to Texas Transportation Code Chapter 644.
[29:52.760 --> 29:58.680]  So, there you go. It tells you right there that municipal police officers may only stop,
[29:58.680 --> 30:05.560]  enter, or detain vehicles, motor vehicles, that are subject to Texas Transportation Code Chapter
[30:05.560 --> 30:15.640]  644. But wait, there's more. A municipality with a population of 50,000 or more is one of the types
[30:15.640 --> 30:22.520]  of municipalities that can stop a motor vehicle subject to Chapter 644. A municipality with a
[30:22.520 --> 30:30.840]  population of 25,000 or more, any part of which is located in a county with a population of 500,000
[30:30.840 --> 30:37.720]  or more, a municipality any part of which is located in a county bordering the United Mexican
[30:37.720 --> 30:46.440]  States, a municipality with a population of less than 25,000, any part of which is located in a
[30:46.440 --> 30:53.080]  county with a population of 2.4 million and that contains or is adjacent to an international
[30:53.080 --> 31:00.360]  airport or international port, sorry, a municipality with a population of 60,000 or more,
[31:00.360 --> 31:08.760]  any part of which is located in a county with a population of 750,000 or more, in two or more
[31:08.760 --> 31:16.040]  counties with a combined population of 1 million or more, or a municipality with a population of
[31:16.040 --> 31:23.080]  at least 34,000 that is located in a county that borders two or more states. Wait, you missed E.
[31:23.080 --> 31:31.880]  I did? A municipality with a population of less than 5,000 that is located adjacent to a bay
[31:33.240 --> 31:38.920]  connected to the Gulf of Mexico and in a county adjacent to a county with a population of 3.3
[31:38.920 --> 31:46.920]  million. Now that basically means that there are only a very few city locations in Texas such as
[31:46.920 --> 31:56.760]  Houston, Dallas, Austin that would even begin to qualify for their municipal officers to even
[31:56.760 --> 32:05.400]  consider stopping a vehicle on the highway. And not only that, the requirement is that even if all
[32:05.400 --> 32:12.440]  of the positional criteria for the city is met, the officer still can only stop a motor vehicle
[32:12.440 --> 32:18.520]  subject to Chapter 644. It's the only type of vehicle authorized in the rules.
[32:23.000 --> 32:27.880]  This is too much fun. Oh, yes. Now, let's see what the sheriff can do.
[32:29.960 --> 32:36.600]  Sub-Item 5, a sheriff or deputy sheriff from any of the following Texas counties meeting the training
[32:36.600 --> 32:42.680]  and certification requirements contained in subsection B of this section and certified by
[32:42.680 --> 32:47.480]  the department. Now, every time it says by the department, it is referring to the Department of
[32:47.480 --> 32:53.720]  Public Safety. May stop, enter or detain on a highway or at a port of entry within the county
[32:53.720 --> 33:02.360]  a motor vehicle subject to Texas Transportation Code Chapter 644. Again, the exact same vehicle
[33:02.360 --> 33:10.920]  criteria must be met. Sub-Section A, the sheriff must be in one of these types of counties,
[33:11.640 --> 33:21.320]  a county bordering the United Mexican states or a county with a population of 2.2 million or more.
[33:23.000 --> 33:30.600]  And that's it. If the sheriff is in a county that does not border the Mexican states and does not
[33:30.600 --> 33:38.200]  have a county population of more than 2.2 million and they stop a motor vehicle of any kind,
[33:39.080 --> 33:46.120]  they're up to their eyeballs in it. And if they do qualify positionally, then they can still
[33:46.120 --> 33:52.040]  only stop a commercial motor vehicle that is subject to Chapter 644.
[33:52.040 --> 33:57.960]  All right. Now, the last type of elected official we have dealing with this, constables or deputy
[33:57.960 --> 34:04.440]  constables in Texas. A constable or deputy constable designated under Texas Transportation Code
[34:04.440 --> 34:11.160]  Section 621.015. Now, here's a little thing that came to me when I was talking to Randy earlier.
[34:11.160 --> 34:21.720]  If these are the codes that designate a constable or a deputy constable, their office is created by
[34:21.720 --> 34:33.080]  a civil statute. So, where is their empowerment to enforce criminal statutes if their duties are
[34:33.080 --> 34:44.680]  defined in a civil statute? Well, that implies an unstated presupposition that a civil statute
[34:44.680 --> 35:02.200]  cannot authorize criminal jurisdiction. True. It does. But let's go on to that 621.015 in the
[35:02.200 --> 35:07.000]  Section 5 is the Texas Transportation Code Section, meeting the training and certification
[35:07.000 --> 35:11.160]  requirements that all the other guys have to meet contained in subsection B of this section
[35:11.160 --> 35:15.880]  is certified by the department, may stop, enter or detain on a highway within the county,
[35:16.840 --> 35:23.880]  a motor vehicle subject to Texas Transportation Code Chapter 644. All right. That's it for the
[35:23.880 --> 35:30.680]  constable. Now, let's consider that section right there for a moment. It did not place any location
[35:30.680 --> 35:40.600]  distinction on a constable's availability to stop a motor vehicle. The only thing the constable
[35:40.600 --> 35:49.800]  is required to meet is that it is a motor vehicle subject to Chapter 644. So, that tells me that in
[35:49.800 --> 35:54.920]  the course of a transportation enforcement, the constable is the only one that can just up and
[35:54.920 --> 36:01.000]  stop them as long as he's got the proper certification and he can verify that they have or he has
[36:01.000 --> 36:09.640]  reasonable cause to believe that they are subject to Chapter 644. So, it seems the constable has more
[36:09.640 --> 36:14.120]  authority than the sheriff and that's what we keep hearing. As far as the transportation code is
[36:14.120 --> 36:19.720]  concerned, that would be the case, it seems. Now, let's look at sub item A, a certified
[36:19.720 --> 36:25.240]  peace officer from an authorized municipality or county may prohibit the further operation of a
[36:25.240 --> 36:31.880]  vehicle on a highway or at a port of entry within the municipality or county if the vehicle or
[36:31.880 --> 36:38.200]  operator of the vehicle is in violation of Texas Transportation Code Chapter 522, the commercial
[36:38.200 --> 36:44.040]  driver's license or a federal safety regulation or rule adopted under Texas Transportation Code
[36:44.040 --> 36:52.760]  Chapter 644, again by the out of service standards. Okay, that's it folks. That is the only types of
[36:52.760 --> 36:59.240]  officers in the only types of locations that have any authority to enforce the regulations that we
[36:59.240 --> 37:06.040]  know as the Texas Transportation Code. Now, here are the training requirements. Now, these are not
[37:06.040 --> 37:13.000]  training options. These are not training if you want to. These are requirements that must be met
[37:13.000 --> 37:22.200]  before any of these officers have any opportunity to be involved in a traffic stop. Training and
[37:22.200 --> 37:30.360]  certification requirements, subsection B, sub item 1, minimum standards, certain peace officers. Now,
[37:30.360 --> 37:37.080]  note this, certain peace officers, not every peace officer, certain peace officers from the
[37:37.080 --> 37:44.120]  municipalities and counties specified in subsection A of this section before being certified to
[37:44.120 --> 37:51.240]  enforce this article must meet the following standards. A, successfully complete the North
[37:51.240 --> 37:57.960]  American Standard Roadside Inspection Course and successfully complete the Texas Interstate
[37:57.960 --> 38:05.640]  Roadside Inspection Course Part C if initial certification occurs on or after January 1,
[38:05.640 --> 38:14.280]  2006 or if recertification is required under subsection C4 of this section and participate
[38:14.280 --> 38:20.440]  in an on-the-job training program following the North American Standard Roadside Inspection Course
[38:20.440 --> 38:28.920]  with a certified officer and perform a minimum of 32 level one inspections. These inspections
[38:28.920 --> 38:36.120]  should be completed as soon as practicable but no later than six months after course completion.
[38:36.680 --> 38:42.120]  So, what does that section mean to us when we go to court to fight this? First thing you want to do
[38:42.120 --> 38:47.400]  is challenge the officer's jurisdiction to enforce the statutes to begin with. Why? He's produced no
[38:47.400 --> 38:51.640]  evidence in court that he has the proper certification to write you a traffic ticket.
[38:51.640 --> 38:56.440]  The second thing he has not produced is any type of evidence to show that your vehicle is subject
[38:56.440 --> 39:06.440]  to Chapter 644. Therefore, he's operated of his own free will in direct violation of his duties
[39:06.440 --> 39:13.640]  under the law. The presumption is that he has done so knowingly and willingly because as a public
[39:13.640 --> 39:22.280]  servant he is deemed to know the law. Yes, he has done so knowingly and with malice of forethought.
[39:22.280 --> 39:29.640]  I like that term better. Now, let's go down to Rule 4.14 and let's take a look at what it means
[39:29.640 --> 39:36.200]  by certain peace officers. Certain peace officers from an authorized municipality or county may be
[39:36.200 --> 39:41.960]  trained and certified to enforce the federal safety regulations provided the municipality or
[39:41.960 --> 39:49.480]  county meets certain sets of criteria here. The municipality or the county, one, executes
[39:49.480 --> 39:54.840]  a memorandum of understanding with the department concerning the working policies and procedures of
[39:54.840 --> 40:00.520]  the inspection program whereby the resources of all agencies will be maximized, duplication of
[40:00.520 --> 40:07.000]  efforts will be minimized, and uniformity in the inspection program will be maintained. Now, right
[40:07.000 --> 40:13.560]  there we have a written admission that the counties and the municipalities are aware of their
[40:13.560 --> 40:23.080]  officers' responsibilities and application of the law because they had to certify a memorandum of
[40:23.080 --> 40:30.280]  understanding. So that means that a municipality using their police force to extract fines from
[40:30.280 --> 40:37.640]  the people, knowing that those people are not subject to this chapter and these rules, is
[40:37.640 --> 40:44.680]  subject to this chapter and these rules, is committing fraud knowingly, willingly, and with
[40:44.680 --> 40:53.400]  malice aforethought. But they don't have to worry about it because the wrath falls on the officer,
[40:53.400 --> 40:59.800]  right? Not if it can show, which this section clearly does, that they had knowledge of the
[40:59.800 --> 41:06.280]  officer's actions and failed to prevent them, which means they did not properly train them.
[41:06.280 --> 41:11.720]  Deborah, this is where the training program you want to take control of should already be being
[41:11.720 --> 41:18.920]  controlled by those that we gave the authority to, and it's not. And we can now show it just by the
[41:18.920 --> 41:23.880]  actions of the officers themselves. That's what I thought. Now, here's something interesting. A
[41:23.880 --> 41:28.280]  friend of mine dropped a book off to me today, Randy. It's the 23rd edition of the site book,
[41:28.280 --> 41:34.760]  which basically gives you site references for a particular case material. And I found a very
[41:34.760 --> 41:40.280]  interesting one today. You know, we're talking about how a municipality has sovereignty and does
[41:40.280 --> 41:49.960]  not waive immunity unless they have caused harm via a motor vehicle? Yes. Yes. Okay. Guess what?
[41:49.960 --> 41:56.520]  If you sue in federal court under section 1983, that is blowing them out of the water. Thomas
[41:56.520 --> 42:05.960]  versus Roach, 165 Federal Third, 137 Second Circuit, 1999. A municipality is subject to liability for
[42:05.960 --> 42:14.200]  damages under 1983 for the unconstitutional acts of its employees. Yes, because that's outside of
[42:14.200 --> 42:26.120]  scope. Correct. Oh, and wait a minute. That's beyond Monell. Yeah. Okay. Monell is, everybody
[42:26.120 --> 42:35.240]  in cities, municipalities know Monell. Monell holds the city responsible if the act of the employee
[42:35.240 --> 42:44.200]  was improper and in accordance with city policy. This one Roach didn't seem to address city policy.
[42:44.200 --> 42:49.880]  No, it simply said they are liable for the unconstitutional acts of their employees. That's
[42:49.880 --> 42:58.840]  all it says. Oh, life is good. Well, wait a minute. Okay. Okay. Unconstitutional acts. Correct. How
[42:58.840 --> 43:10.200]  do we bring enforcement of transportation code without authority to constitution? First off,
[43:10.200 --> 43:13.720]  when you're written a traffic citation and sign your notice, you're arrested without a warrant,
[43:13.720 --> 43:23.560]  correct? Yeah, they're authorized to do. Yeah. Okay. So they've arrested you without a warrant
[43:24.680 --> 43:30.920]  for a crime that you cannot be subject to, and they knowingly know you cannot be subject to.
[43:30.920 --> 43:35.640]  Therefore, they have acted with Nielsa Forthrought in violation of your rights.
[43:36.360 --> 43:43.240]  Be free from unlawful, surgical seizure. There you go. Okay. Okay. Great. Listen,
[43:43.240 --> 43:47.480]  we're going to break now, guys. We'll be right back. We've got a bunch of callers on the line,
[43:47.480 --> 43:52.280]  too. So we'll be finishing up and taking your calls on the other side.
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[45:18.280 --> 45:30.680]  10 Solstice and Nixon coming, we're finally on our own. This summer I hear the drumming for dead in Ohio.
[45:30.680 --> 45:54.040]  We've got to get down to it, so we can get out of this town. Should have been done long ago, but if you were to find a dead on the ground, how could you run when you know?
[46:30.680 --> 46:48.040]  Should have been done long ago, but if you were to find a dead on the ground, how could you run when you know?
[47:00.680 --> 47:28.040]  10 Solstice and Nixon coming, we're finally on our own. This summer I hear the drumming for dead in Ohio.
[47:28.040 --> 47:37.640]  Okay, we are back. The rule of law, Randy Kelton and Deborah Stevens. Eddie Craig. Okay, Eddie, you had one more section to go over and then we'll start taking calls.
[47:37.640 --> 47:48.440]  Yeah, this is a very short section. This is again Texas Administrative Code. We're going to look at rule 5.1, which is under criminal law enforcement general provisions, chapter definitions.
[47:48.440 --> 47:58.440]  The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise. Department means the Texas Department of Public Safety.
[47:58.440 --> 48:12.440]  Director means the director of the department or his designee. 28 CFR means 28 Code of Federal Regulations, Part 23.1 at secular as promulgated by the U.S. Department of Justice Office of Justice Programs.
[48:12.440 --> 48:31.440]  Now, right there, this is telling me that they are commandeering the Department of Public Safety's ability for criminal law enforcement to enforce federal law within the states because that's all that mentions.
[48:31.440 --> 48:39.440]  And when you go down to rule 5.2, that's all it begins to talk about is the criminal law enforcement division conducting criminal investigations based on that.
[48:39.440 --> 48:47.440]  So, right there, we appear to have a federal commandeering of local law enforcement for federal purposes.
[48:47.440 --> 49:10.440]  Now, you'll also find in these sections that I've read that there is one of the little caveats. It specifically forbids in the Administrative Code a Department of Public Safety officer from taking a criminal complaint against any public official in Texas.
[49:10.440 --> 49:37.440]  So, right there, they have blockade. I have a comment on that. Go ahead. I once called Tommy Davis, Director of the Department of Public Safety, and I told him, Colonel Davis, I was just talking to a Captain Hilton in Lubbock, and he tells me that a Texas Ranger cannot take a criminal complaint against a public official without your express permission.
[49:37.440 --> 49:52.440]  Is that true? And he said, yes, it is. Captain Hilton tells me that a Texas Ranger can't even investigate a complaint against a public official without your express permission. Is that true? He said, yes, it is.
[49:52.440 --> 49:59.440]  And I told him, well, I have some complaints against public officials, some public officials, and I'm going to give them to one of your Rangers.
[49:59.440 --> 50:11.440]  And if that Ranger doesn't act in accordance with Article 213 Code of Criminal Procedure, I'm going to file criminal complaints against that Ranger, and then I'm going to file conspiracy to commit against you.
[50:11.440 --> 50:32.440]  Yeah, and that is actually here. This is actually in Rule 5.2, sub-item C, no officer or member may investigate a public official without proper authorization of the director, the assistant director, or another individual expressly acting in the stead of the director.
[50:32.440 --> 50:47.440]  Now, right there, that department has forbidden a peace officer from functioning as a peace officer in order to protect public officials that are committing criminal acts.
[50:47.440 --> 51:02.440]  Okay, this goes to Imperamateria, where the Texas Administration Code conflicts with the Texas Code of Criminal Procedure. Texas Code of Criminal Procedure governs.
[51:02.440 --> 51:15.440]  Yeah, but here's something to think about. What is the possibility that a DPS officer is not a totally, completely true and correct certified peace officer?
[51:15.440 --> 51:30.440]  If that's exactly where I was going, then this means that a DPS officer is not a certified police officer in the state of Texas. He's something else.
[51:30.440 --> 51:34.440]  That would also mean the Texas Rangers are not either.
[51:34.440 --> 51:38.440]  Texas Rangers are nothing.
[51:38.440 --> 51:52.440]  I just sent a complaint to the Texas Rangers, and the last paragraph said, I realize you guys aren't going to do anything, but that's what you are. Since you're the Texas Rangers, you don't do anything, so don't worry about this.
[51:52.440 --> 52:12.440]  I'm just making sure that I address all the possible avenues to redress, so have a doughnut, relax. This is just a step on the way to the United States U.S. Attorney Public Integrity Unit. I hope I hurt their feelings.
[52:12.440 --> 52:33.440]  Yeah, and I can honestly say I have no bones about you doing so, because this right here tells me that this is a preconceived intent that those that we are made to believe serve the public in this capacity are in fact not doing so, knowingly not doing so.
[52:33.440 --> 52:48.440]  And according to what I'm seeing here, you can walk up to a DPS official and tell them that a public officer has just robbed the bank down the street at gunpoint, and this DPS officer can't do a thing about it.
[52:48.440 --> 53:14.440]  This is going to help me greatly. It's kind of serendipitous. When I went to the Secretary of State's building and had this DPS officer not let me leave the lobby while he was running all his checks and doing his little song and dance, I called the local Austin Police Department to come out and arrest him.
[53:14.440 --> 53:25.440]  And that's appropriate because he has no criminal authority, so I couldn't call another DPS officer. I had to call a real police officer.
[53:25.440 --> 53:42.440]  Yeah, what we've read here tonight, they don't have criminal authority except to assist, which as I studied you earlier today when I was talking to you, any citizen can be requested to assist a certified peace officer with the apprehension of a criminal.
[53:42.440 --> 53:48.440]  But these guys are just traffic cops. Exactly. According to what we've read, that's all they are, are traffic cops.
[53:48.440 --> 54:00.440]  I have traffic cops arrested me for a criminal violation while I was waiting for the real cops to come and arrest them.
[54:00.440 --> 54:06.440]  What criminal violation did they say that you had? Criminal trespass.
[54:06.440 --> 54:21.440]  Yeah. Well, there you go. That doesn't even come close to the transportation code. Nope. And it specifically says up here, like we saw in 1.11, that they acquiesce to the local law enforcement for the enforcement of criminal law.
[54:21.440 --> 54:37.440]  And they stated in their own testifying that I was waiting for Austin PD. I was waiting for a real policeman. Oh, you have gave me some great tools to use.
[54:37.440 --> 54:40.440]  Well, hopefully it will apply to everybody out there listening too.
[54:40.440 --> 54:49.440]  This will give my attorney apoplexy when I ask him to present this in court.
[54:49.440 --> 54:55.440]  Well, make him produce those certifications and see if he actually has them. Yeah, that was in the details.
[54:55.440 --> 55:04.440]  Exactly. I'm willing to bet there is not a single municipal or county sheriff that has these certification requirements.
[55:04.440 --> 55:14.440]  Well, it doesn't matter. We're in the heart of Texas. We're not on any borders. We're not on any bays.
[55:14.440 --> 55:28.440]  Yeah. Here in Nacogdoches County, we have a total population in the entire county of 59,000, which is way below the required 2.2 million for the sheriff and way below the required 1.1 million for the municipality.
[55:28.440 --> 55:45.440]  And I'm from Wise County, and I know for certain that Wise County has officers dedicated to DOT. And according to this, they're absolutely forbidden.
[55:45.440 --> 55:51.440]  That would be correct. If they don't meet all of these criteria, they are completely forbidden.
[55:51.440 --> 56:04.440]  I had a friend of mine who was a truck driver. I saw him pulled over and a sheriff's deputy had him pulled over and was doing a DOT inspection on his truck.
[56:04.440 --> 56:14.440]  And I went up to him and said, Hey, how's it going? And the sheriff's deputy came up and I said, Hey, man, you guys don't seem near as big a jack.
[56:14.440 --> 56:26.440]  I won't say what I said. As he said, the guy, the truck driver almost had a heart attack, but he didn't know I knew the sheriff's deputy.
[56:26.440 --> 56:32.440]  Anyway, but they were doing that. They were stopping them with scales and whole nine yards.
[56:32.440 --> 56:40.440]  Yeah, we had a bunch of them doing it around here too. And not just the sheriff's deputies, the DPS would also run around with their little portable scales.
[56:40.440 --> 56:49.440]  But the thing was, is they were stopping vehicles that were clearly private in nature and not DOT.
[56:49.440 --> 56:57.440]  I once sued Denton County for 11 million dollars. And it started out, I was driving a half ton pickup pulling goose neck.
[56:57.440 --> 57:07.440]  And I saw this sign at a way station they'd built on Highway 114. And the sign said, All trucks must stop.
[57:07.440 --> 57:15.440]  So I'm driving a truck. Now, frankly, I knew that that meant all commercial trucks.
[57:15.440 --> 57:21.440]  But that's what we call a transformational deletion. They left out part of it.
[57:21.440 --> 57:28.440]  So I pulled in there and asked the officer, Does this apply to me? And he said, Well, pull up on the scales. We'll see.
[57:28.440 --> 57:37.440]  Wrong answer, Bubba. They wrote me two tickets and I went right for their throats.
[57:37.440 --> 57:48.440]  And it wound up in me filing an 11 million dollar lawsuit against Denton County because they were exercising an authority they knew full well they did not have.
[57:48.440 --> 58:00.440]  Half ton truck, if it was grossing 26,000 GVW, I'd be running on rims because I wouldn't have enough rubber on the ground to hold it up.
[58:00.440 --> 58:05.440]  Well, no, you wouldn't be doing that either because your axles would have broke. Good chance.
[58:05.440 --> 58:10.440]  All right. Well, listen, we're going to break. We're at the top of the hour. We've got a bunch of calls on the call board.
[58:10.440 --> 58:18.440]  Charles, Don, Rick, Hal, Paul, George will be taking all your calls.
[58:18.440 --> 58:24.440]  Callers, if you'd like to call in 512-646-1984, we don't have a call screener, so don't get discouraged.
[58:24.440 --> 58:43.440]  But we will see you on the call board and take your call. We'll be back in just a few moments.
[58:54.440 --> 59:17.440]  We'll be back in just a few moments.
[59:24.440 --> 59:51.440]  Yeah.
[59:51.440 --> 01:00:18.440]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[01:00:18.440 --> 01:00:38.440]  All right. This is the Rule of Law, Randy Kelton and Deborah Stevens, Eddie Craig, of course.
[01:00:38.440 --> 01:00:45.440]  We are going to go now to the call board, taking your calls for the rest of the evening.
[01:00:45.440 --> 01:00:49.440]  First, we're going to Charles in California.
[01:00:49.440 --> 01:00:53.440]  Charles, thanks for calling in. What's on your mind tonight?
[01:00:53.440 --> 01:01:00.440]  Hi there. I've got a couple of traffic issues that I'm dealing with.
[01:01:00.440 --> 01:01:08.440]  One is causing, it's going to prevent me from renewing my license, so they got a hold with our DMV.
[01:01:08.440 --> 01:01:13.440]  That was a registration ticket and it went to failure to appear.
[01:01:13.440 --> 01:01:21.440]  And then I've got another one that was a seat belt ticket that went to failure to appear.
[01:01:21.440 --> 01:01:24.440]  And they've got a bench warrant on me for that one.
[01:01:24.440 --> 01:01:32.440]  In both cases, I did actually appear before commissioners, so that's kind of it in a nutshell.
[01:01:32.440 --> 01:01:38.440]  Okay. So you made an appearance and they still issued warrants for failure to appear?
[01:01:38.440 --> 01:01:42.440]  In the second case, they issued a bench warrant, yes.
[01:01:42.440 --> 01:01:49.440]  On what grounds? I mean, I know they say failure to appear, but did this commissioner, is that who issued it?
[01:01:49.440 --> 01:01:55.440]  Yes. So what happened in the second case where there's a bench warrant, I went to appear before the commissioner
[01:01:55.440 --> 01:01:58.440]  and I told him that I did not want to appear before a commissioner.
[01:01:58.440 --> 01:02:02.440]  I wanted a judge, which in California we're entitled to do.
[01:02:02.440 --> 01:02:06.440]  You have to stipulate to a commissioner. That's in the Constitution.
[01:02:06.440 --> 01:02:13.440]  So commissioner said, you know, I'll give you the abbreviated version of this commissioner said,
[01:02:13.440 --> 01:02:15.440]  no, you have to appear before me.
[01:02:15.440 --> 01:02:21.440]  And, you know, we went back and forth and they tried to enter a plea and I objected to that.
[01:02:21.440 --> 01:02:24.440]  And he said a court date and I objected to that.
[01:02:24.440 --> 01:02:28.440]  And I did not appear for a court date.
[01:02:28.440 --> 01:02:33.440]  So he called my failure to appear, actually it's not failure to appear,
[01:02:33.440 --> 01:02:40.440]  but when I did not show up for the court date, he put it to bench warrant as a failure to appear.
[01:02:40.440 --> 01:02:46.440]  Okay. The first thing is you file criminal charges for abuse, well, I don't know if you have that in California,
[01:02:46.440 --> 01:02:50.440]  but here would be abuse of official capacity and official oppression
[01:02:50.440 --> 01:02:58.440]  because he took the mandate of the Constitution for the state and ignored it without discretion or authority to do so.
[01:02:58.440 --> 01:02:59.440]  Okay.
[01:02:58.440 --> 01:03:00.440]  Which nobody could give him anyway.
[01:03:00.440 --> 01:03:06.440]  So the first thing I'd highly recommend you do is file criminal charges against him based on that fact alone.
[01:03:06.440 --> 01:03:12.440]  Also, if you know the statutory provisions he violated under either the civil or criminal procedures code,
[01:03:12.440 --> 01:03:20.440]  whichever one's applying to a traffic ticket there in California, show where you made that request as required.
[01:03:20.440 --> 01:03:25.440]  He ignored that, which he does not have discretionary duty to do.
[01:03:25.440 --> 01:03:27.440]  Okay.
[01:03:27.440 --> 01:03:30.440]  And file a judicial complaint against him as well.
[01:03:30.440 --> 01:03:32.440]  Okay.
[01:03:32.440 --> 01:03:40.440]  Everybody, every state has this requirement, and it reflects the Ku Klux Klan Act.
[01:03:40.440 --> 01:03:50.440]  Now, most people, when they hear the Ku Klux Klan Act, they think of 42 U.S. Code 1983, which allows you to sue a public official.
[01:03:50.440 --> 01:03:52.440]  That's the second half.
[01:03:52.440 --> 01:03:58.440]  The first half says that if a public official acting under the color of authority,
[01:03:58.440 --> 01:04:08.440]  color meaning pretense violates a law relating to his office or fails to perform a duty he's required to perform
[01:04:08.440 --> 01:04:17.440]  and in the process denies a citizen in the full and free access to or enjoyment of any white, that's a federal crime,
[01:04:17.440 --> 01:04:26.440]  every state reflects that in the form of either official misconduct or official oppression.
[01:04:26.440 --> 01:04:32.440]  And I don't remember what it was, but California absolutely has it.
[01:04:32.440 --> 01:04:44.440]  The judge, in sitting in a case, only has the authority to determine the facts of the case
[01:04:44.440 --> 01:04:53.440]  and then apply the law as it's given to him by the appeals in Supreme Court to the facts that he develops in the case.
[01:04:53.440 --> 01:04:56.440]  That's the only authority he has.
[01:04:56.440 --> 01:05:04.440]  He doesn't have authority to decide how he wants to rule and how he doesn't want to rule.
[01:05:04.440 --> 01:05:14.440]  If he fails to properly apply the law to the facts, he has violated a ministerial duty relating to his office and denied you
[01:05:14.440 --> 01:05:18.440]  in the full and free access to or enjoyment of any white, and that's a crime in every state.
[01:05:18.440 --> 01:05:22.440]  You should file criminal charges against him.
[01:05:22.440 --> 01:05:32.440]  Now, you're not going to get him adjudicated, but you can stir up so much stink that odds are they're going to make your case
[01:05:32.440 --> 01:05:36.440]  go away just to get you off the judge's back.
[01:05:36.440 --> 01:05:40.440]  And we need to do that.
[01:05:40.440 --> 01:05:46.440]  We need that judge, when he steps out behind the bench and looks out across the bar at the gallery,
[01:05:46.440 --> 01:05:54.440]  we need him wondering which one of these civilians out here are waiting for me to render a ruling
[01:05:54.440 --> 01:05:58.440]  so he can climb down my throat stomping his feet all the way.
[01:05:58.440 --> 01:06:01.440]  That's how we get this nonsense stopped.
[01:06:01.440 --> 01:06:07.440]  One of the things that I try to do whenever I do wind up having to appear in court for anything
[01:06:07.440 --> 01:06:10.440]  is I take as many people with me as possible.
[01:06:10.440 --> 01:06:17.440]  I also take – I try to plan out my moves and what their counter moves are going to be,
[01:06:17.440 --> 01:06:23.440]  and I write up affidavits on every law that I expect them to violate with their counter move.
[01:06:23.440 --> 01:06:29.440]  And as they violate that law, I turn around to the people sitting behind me from my table
[01:06:29.440 --> 01:06:32.440]  and hand them out and say, please sign this affidavit.
[01:06:32.440 --> 01:06:35.440]  And I say it just loud enough for the judge to hear what I'm telling them.
[01:06:35.440 --> 01:06:40.440]  Sign this affidavit that you witnessed this judge committing an offense under this penal code.
[01:06:40.440 --> 01:06:45.440]  And you'd be surprised just exactly how quick that gets their attention.
[01:06:45.440 --> 01:06:49.440]  And then, of course, if they tell me if I keep turning around and doing that,
[01:06:49.440 --> 01:06:52.440]  they're going to hold me in contempt, then I'll just take the entire stack,
[01:06:52.440 --> 01:06:57.440]  which I've already briefed one of the people I took with me on what they have to do if this happens.
[01:06:57.440 --> 01:07:01.440]  I hand them the stack of criminal complaints, and I said, now, here's my list of questions.
[01:07:01.440 --> 01:07:03.440]  As I get to this question, this is the expected answer.
[01:07:03.440 --> 01:07:06.440]  When that answer comes, pass out this affidavit.
[01:07:06.440 --> 01:07:08.440]  Get everybody to sign it and take them back up.
[01:07:08.440 --> 01:07:13.440]  By the time I leave the courtroom, I've got a six-inch stack of criminal complaints or affidavits,
[01:07:13.440 --> 01:07:19.440]  and then I take those affidavits and I tap them onto a criminal complaint that I write up.
[01:07:19.440 --> 01:07:28.440]  Now, I know you're listening to this and you think it sounds somewhat extreme, but it's a traffic ticket.
[01:07:28.440 --> 01:07:31.440]  I mean, what are they going to do, hang up by your toenails?
[01:07:31.440 --> 01:07:33.440]  It's only a traffic ticket.
[01:07:33.440 --> 01:07:42.440]  You get to really beat them up, and traffic trials are held under the same rules as all the other trials.
[01:07:42.440 --> 01:07:44.440]  So you get an opportunity.
[01:07:44.440 --> 01:07:45.440]  Well, almost.
[01:07:45.440 --> 01:07:47.440]  Well, almost, yeah.
[01:07:47.440 --> 01:07:50.440]  But you get an opportunity to poke the bear.
[01:07:50.440 --> 01:07:54.440]  On this side, the bear is not near so big.
[01:07:54.440 --> 01:07:57.440]  He's not holding 10 years in prison over you.
[01:07:57.440 --> 01:08:00.440]  He's holding a few bucks one way or another.
[01:08:00.440 --> 01:08:11.440]  And if a judge threatens me with contempt for filing criminal charges against him, he's got to be kidding.
[01:08:11.440 --> 01:08:15.440]  So here's what I've done so far on this.
[01:08:15.440 --> 01:08:20.440]  I've actually filed, in California, it's called the Commission on Judicial Performance.
[01:08:20.440 --> 01:08:22.440]  That's where you complain about judges.
[01:08:22.440 --> 01:08:23.440]  Yes, good.
[01:08:23.440 --> 01:08:29.440]  A commissioner, with a commissioner, you have to complain first to the presiding judge at the courthouse,
[01:08:29.440 --> 01:08:34.440]  and then they rule on it, and then if you don't get satisfaction, then you can go to the CJP.
[01:08:34.440 --> 01:08:37.440]  In the first case, go ahead.
[01:08:37.440 --> 01:08:39.440]  Will you do me a favor?
[01:08:39.440 --> 01:08:40.440]  Yes.
[01:08:40.440 --> 01:08:43.440]  Since you've obviously already sorted this out,
[01:08:43.440 --> 01:08:49.440]  would you kind of give me a written narrative on how to do this, on what the steps are?
[01:08:49.440 --> 01:08:50.440]  Yes.
[01:08:50.440 --> 01:08:53.440]  Email it to me, and I'll post it on my website.
[01:08:53.440 --> 01:08:55.440]  Okay, I'll send you everything I've got.
[01:08:55.440 --> 01:08:57.440]  You can, you know...
[01:08:57.440 --> 01:08:58.440]  Good, good.
[01:08:58.440 --> 01:09:00.440]  I didn't mean to interrupt it, but go ahead.
[01:09:00.440 --> 01:09:02.440]  I wanted to get that in before it got passed.
[01:09:02.440 --> 01:09:03.440]  Sure, sure, yeah.
[01:09:03.440 --> 01:09:06.440]  And things are probably a little bit different here in California.
[01:09:06.440 --> 01:09:13.440]  Anyway, the first case, the presiding judge denied it.
[01:09:13.440 --> 01:09:14.440]  I sent it on to the CJP.
[01:09:14.440 --> 01:09:16.440]  They denied it, too.
[01:09:16.440 --> 01:09:25.440]  My basic allegation was that the guy had filed a complaint for failure to appear that was fraudulent because I had appeared.
[01:09:25.440 --> 01:09:26.440]  It was that simple.
[01:09:26.440 --> 01:09:30.440]  And you had exercised your right to request a real judge.
[01:09:30.440 --> 01:09:34.440]  That was in the second case.
[01:09:34.440 --> 01:09:44.440]  In the first case, I didn't go into the details of that, but I had sent the complaint on to the CJP, and they didn't do anything.
[01:09:44.440 --> 01:09:47.440]  And so that, I've got basically a hold on my driver's license.
[01:09:47.440 --> 01:09:49.440]  So I've been letting that thing go.
[01:09:49.440 --> 01:09:55.440]  But the second case where I have the bench warrant, that's a little more pressing for me.
[01:09:55.440 --> 01:10:02.440]  And in that case, I sent a complaint to the presiding judge, and the presiding judge did not respond.
[01:10:02.440 --> 01:10:07.440]  Now, I have yet to send the complaint on to the CJP.
[01:10:07.440 --> 01:10:08.440]  Wait a minute.
[01:10:08.440 --> 01:10:09.440]  Presiding judge.
[01:10:09.440 --> 01:10:11.440]  This was in the case.
[01:10:11.440 --> 01:10:13.440]  Who was the complaint against?
[01:10:13.440 --> 01:10:18.440]  The commissioner, the presiding judge of the courthouse, which is the top judge of the courthouse.
[01:10:18.440 --> 01:10:19.440]  Oh, okay.
[01:10:19.440 --> 01:10:20.440]  He's the overseer.
[01:10:20.440 --> 01:10:23.440]  Not the presiding judge in the case.
[01:10:23.440 --> 01:10:25.440]  In California, they say the presiding judge.
[01:10:25.440 --> 01:10:27.440]  That means the...
[01:10:27.440 --> 01:10:35.440]  Okay, this is kind of subtle, and it takes a kind of a mental shift to get it down.
[01:10:35.440 --> 01:10:44.440]  But if a public official violates a law relating to his office and denies a citizen in a right, he commits a criminal act.
[01:10:44.440 --> 01:10:52.440]  Now, there are administrative procedures, and there are judicial procedures to follow in the case you're in.
[01:10:52.440 --> 01:11:01.440]  But when anyone, be it a citizen or an official, commits a criminal act, that's different.
[01:11:01.440 --> 01:11:04.440]  That's not part of all of these other procedures.
[01:11:04.440 --> 01:11:09.440]  Those procedures go on, but a criminal act is separate.
[01:11:09.440 --> 01:11:12.440]  And this is how it's separate.
[01:11:12.440 --> 01:11:18.440]  You have a duty to report crime, but you have no standing.
[01:11:18.440 --> 01:11:24.440]  All you do is report the crime, and then the duty is on someone else to adjudicate the crime.
[01:11:24.440 --> 01:11:25.440]  Okay.
[01:11:25.440 --> 01:11:38.440]  And that's very useful, because when I get into one of these and I find someone stepping across a legal line, we're having this thing going on.
[01:11:38.440 --> 01:11:43.440]  And while it's going on, I run over here to the criminal court, and I file criminal charges against them.
[01:11:43.440 --> 01:11:47.440]  That's totally different, totally separate.
[01:11:47.440 --> 01:11:52.440]  And then I come back here in whatever case I'm in, and we keep adjudicating the case.
[01:11:52.440 --> 01:11:57.440]  I don't tell them about it, because I don't talk to criminals.
[01:11:57.440 --> 01:12:04.440]  Somebody else is going to call them and tell them, hey, you know, this guy that's in your court, he just filed criminal charges against you.
[01:12:04.440 --> 01:12:07.440]  He's trying to get us to arrest him.
[01:12:07.440 --> 01:12:16.440]  Now, if I do it against a judge and the judge says anything to me about it, I'll file criminal charges against him for that.
[01:12:16.440 --> 01:12:17.440]  Okay.
[01:12:17.440 --> 01:12:21.440]  It really ties their hands.
[01:12:21.440 --> 01:12:27.440]  And most people don't understand how these two are totally separate.
[01:12:27.440 --> 01:12:34.440]  You think when you go before the judge, everything he does is involved in the case you're in.
[01:12:34.440 --> 01:12:36.440]  No, it's not.
[01:12:36.440 --> 01:12:45.440]  If he commits any act that violates any law relating to his office, that has nothing to do with the case you're in.
[01:12:45.440 --> 01:12:48.440]  That's a separate criminal accusation against him.
[01:12:48.440 --> 01:13:00.440]  And I guarantee you, as far as these judges and prosecutors are concerned, criminal complaints against them are a very big deal.
[01:13:00.440 --> 01:13:02.440]  It harms them badly.
[01:13:02.440 --> 01:13:09.440]  So, you know, when I go into court, any place that knows me, they'll say, watch out for this guy.
[01:13:09.440 --> 01:13:15.440]  He's just trying to get you to do something so he can go run and file criminal charges against you.
[01:13:15.440 --> 01:13:17.440]  And that's true. I am.
[01:13:17.440 --> 01:13:18.440]  So don't screw around here.
[01:13:18.440 --> 01:13:19.440]  You know, do everything right.
[01:13:19.440 --> 01:13:21.440]  You won't have that problem.
[01:13:21.440 --> 01:13:29.440]  If you think that way, you know, that's why I talk about two hats, your litigant's hat when you go in and litigate your case.
[01:13:29.440 --> 01:13:32.440]  But you're also a sovereign.
[01:13:32.440 --> 01:13:42.440]  And as a sovereign, if one of your subordinates violates one of your rules, you have a duty to go report that.
[01:13:42.440 --> 01:13:52.440]  So when somebody, when I'm before court and I've got my litigant's hat on, but when one of my officials step across one of my legal lines,
[01:13:52.440 --> 01:13:58.440]  I jerk off my litigant's hat, I put on my sovereign's hat, I run over to the district attorney, arrest that dude.
[01:13:58.440 --> 01:14:08.440]  And when he refuses, I file criminal charges against the attorney who wouldn't arrest him and start this big fight over here next door.
[01:14:08.440 --> 01:14:12.440]  And then I take off that hat and put on the litigant's hat and come back into the first court.
[01:14:12.440 --> 01:14:15.440]  And where were we?
[01:14:15.440 --> 01:14:20.440]  Now the judge is looking at me thinking, I've got a sniper in my midst.
[01:14:20.440 --> 01:14:25.440]  Everything I do, he's just looking for a reason to nail me.
[01:14:25.440 --> 01:14:35.440]  And okay, I know I interrupted, but if you think this way, when you look at what you're doing,
[01:14:35.440 --> 01:14:39.440]  look for things they've done improperly so you can file against them.
[01:14:39.440 --> 01:14:42.440]  We need everybody doing this, especially in traffic.
[01:14:42.440 --> 01:14:43.440]  Okay, go ahead.
[01:14:43.440 --> 01:14:45.440]  I'll stop interrupting.
[01:14:45.440 --> 01:14:48.440]  Yeah, my dilemma is that now I've got a bench want.
[01:14:48.440 --> 01:14:55.440]  They actually hassled a friend of mine that was in there because they said, oh, maybe it's you,
[01:14:55.440 --> 01:14:59.440]  and they thought he was me, and they held him for 45 minutes.
[01:14:59.440 --> 01:15:04.440]  So if I go in there, they're going to arrest me.
[01:15:04.440 --> 01:15:06.440]  Have him file false imprisonment.
[01:15:06.440 --> 01:15:10.440]  Now here's the thing about a warrant.
[01:15:10.440 --> 01:15:19.440]  If a judge issues a warrant, the warrant will be issued ex parte because if you were in front of him,
[01:15:19.440 --> 01:15:22.440]  you wouldn't need to issue a warrant because you'd already be there.
[01:15:22.440 --> 01:15:28.440]  What the warrant will say is arrest this person and bring him before me.
[01:15:28.440 --> 01:15:33.440]  So, and the reason for that is because the warrant's issued ex parte.
[01:15:33.440 --> 01:15:38.440]  The officer had his say against you, but you didn't have the opportunity to rebut.
[01:15:38.440 --> 01:15:41.440]  So if they arrest you, they bring you back before this magistrate,
[01:15:41.440 --> 01:15:45.440]  so you'd get the opportunity to rebut what the officer said.
[01:15:45.440 --> 01:15:53.440]  So if you have a warrant, best thing to do is appear in front of that judge.
[01:15:53.440 --> 01:15:56.440]  The warrant becomes moot.
[01:15:56.440 --> 01:15:57.440]  You're okay there.
[01:15:57.440 --> 01:16:05.440]  If he has you arrested now, then you charge him with false imprisonment
[01:16:05.440 --> 01:16:11.440]  because the only thing the officer's ordered to do is arrest this person and bring him before me.
[01:16:11.440 --> 01:16:15.440]  So put yourself before that judge and make the warrant moot.
[01:16:15.440 --> 01:16:18.440]  That should keep you from going to jail.
[01:16:18.440 --> 01:16:26.440]  It may not, but if you do go to jail, then you have opportunity to sue the judge.
[01:16:26.440 --> 01:16:27.440]  Does that make sense?
[01:16:27.440 --> 01:16:37.440]  Yeah, because do remember the Supreme Court's already said that any time a judge acts on the enforcement of a statute,
[01:16:37.440 --> 01:16:40.440]  he acts ministerially, not judicially.
[01:16:40.440 --> 01:16:45.440]  So he has no immunity for his actions acting in that capacity.
[01:16:45.440 --> 01:16:49.440]  Okay, listen, Charles, do you need to hang on the line anymore?
[01:16:49.440 --> 01:16:51.440]  Um, yeah.
[01:16:51.440 --> 01:16:53.440]  Okay, all right, we'll be right back.
[01:16:53.440 --> 01:16:58.440]  Thanks for the break, and we'll finish up with Charles and take more calls on the other side.
[01:17:23.440 --> 01:17:27.440]  Check against all natural disasters and terror attacks that can happen at any time.
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[01:18:16.440 --> 01:18:29.440]  We were born before the wind Also younger than the sun
[01:18:29.440 --> 01:18:39.440]  And the bonnie boat was one As we sailed into the mystique
[01:18:39.440 --> 01:18:52.440]  Thought when I hear the sailors cry Smell the sea and feel the sky
[01:18:52.440 --> 01:19:03.440]  Let your soul and spirit fly into the mystique
[01:19:03.440 --> 01:19:14.440]  And when that foghorn blows I will be coming home
[01:19:14.440 --> 01:19:21.440]  And when the foghorn blows I want to hear it
[01:19:21.440 --> 01:19:34.440]  I don't have to fear that I want to rock you
[01:19:51.440 --> 01:19:57.440]  You know, going back before the commissioner to get rid of the bench warrant,
[01:19:57.440 --> 01:20:05.440]  my dilemma there is that my whole approach to this was I'm not going to see a commissioner.
[01:20:05.440 --> 01:20:09.440]  I'm going to insist on seeing a judge, which causes them more consternation.
[01:20:09.440 --> 01:20:12.440]  They want to get these things resolved before a commissioner.
[01:20:12.440 --> 01:20:17.440]  So I don't want to stipulate to the hearing of this by a commissioner.
[01:20:17.440 --> 01:20:21.440]  I need to try to avoid, you know, getting sucked back into that.
[01:20:21.440 --> 01:20:26.440]  Well, you really don't have to worry about that if you go in and challenge his authority to issue the warrant to begin with
[01:20:26.440 --> 01:20:30.440]  because you exercised a right guaranteed to you by law.
[01:20:30.440 --> 01:20:34.440]  Okay. Okay.
[01:20:34.440 --> 01:20:41.440]  And then as far as the timing on this, should I go do that first or should I make a criminal complaint first?
[01:20:41.440 --> 01:20:44.440]  Get everything you need in writing first.
[01:20:44.440 --> 01:20:52.440]  Criminal complaint is totally separate, has nothing to do with whatever, with your cause.
[01:20:52.440 --> 01:20:54.440]  So you can do that at any time.
[01:20:54.440 --> 01:20:58.440]  It has nothing to do, the one has nothing to do with the other.
[01:20:58.440 --> 01:21:01.440]  And that's the hard part, you can sort it out.
[01:21:01.440 --> 01:21:07.440]  See, you can only make the complaint and then you have no more standing.
[01:21:07.440 --> 01:21:09.440]  It's up to somebody else to adjudicate.
[01:21:09.440 --> 01:21:14.440]  So when you know a crime has been committed, you go report it and you go back to your business.
[01:21:14.440 --> 01:21:20.440]  Well, I do remember though, Randy, he is in California where their grand jury system allows him to go straight to them.
[01:21:20.440 --> 01:21:23.440]  Yeah, you've got a great grand jury.
[01:21:23.440 --> 01:21:24.440]  Yeah.
[01:21:24.440 --> 01:21:27.440]  One of the best in the country that I've seen so far.
[01:21:27.440 --> 01:21:34.440]  So you can actually write your criminal complaint up and take it directly to them to show that this guy is abusing his authority.
[01:21:34.440 --> 01:21:36.440]  Okay. I will probably do that.
[01:21:36.440 --> 01:21:40.440]  Now my concern is if I go to the district attorney, will I get arrested there?
[01:21:40.440 --> 01:21:42.440]  You don't have to go to the district attorney.
[01:21:42.440 --> 01:21:44.440]  You can go to the grand jury.
[01:21:44.440 --> 01:21:46.440]  Okay, this we need to handle.
[01:21:46.440 --> 01:21:58.440]  When you file a criminal complaint, you have the same protection as a judge does, exactly the same protection that a judge has.
[01:21:58.440 --> 01:22:01.440]  No, unless you punch out the district attorney.
[01:22:01.440 --> 01:22:05.440]  I think he was worried about getting arrested because he's got a bench warrant right now, Randy.
[01:22:05.440 --> 01:22:08.440]  Yes, if you have a bench warrant, they'll arrest you.
[01:22:08.440 --> 01:22:10.440]  Yeah, I'm sorry, I missed that point.
[01:22:10.440 --> 01:22:12.440]  Yeah, if you have a bench warrant, absolutely.
[01:22:12.440 --> 01:22:17.440]  So do it by certified mail, which is always better anyway.
[01:22:17.440 --> 01:22:19.440]  Registered mail is actually the best.
[01:22:19.440 --> 01:22:27.440]  Yeah, if they don't, if they can't look you in the eye and talk to you, they can't manipulate you, they can't use all their tricks on you.
[01:22:27.440 --> 01:22:28.440]  They can't arrest you.
[01:22:28.440 --> 01:22:32.440]  Yeah, and arrest you, you get to hammer them from a distance.
[01:22:32.440 --> 01:22:33.440]  Okay.
[01:22:33.440 --> 01:22:38.440]  And it's always harder to deal with a foe you can't get your hands on.
[01:22:38.440 --> 01:22:39.440]  Mm-hmm.
[01:22:39.440 --> 01:22:47.440]  And the hard part about that is we really want to look them right in the eye when we tell them how to cow-ate the cabbage.
[01:22:47.440 --> 01:22:48.440]  I don't.
[01:22:48.440 --> 01:22:49.440]  Yeah.
[01:22:49.440 --> 01:22:55.440]  Well, we're guys, and guys like to really kill them, but it's a bad strategy.
[01:22:55.440 --> 01:22:58.440]  Yeah, we call this guerrilla adjudication.
[01:22:58.440 --> 01:23:07.440]  Yeah, and we have to discipline ourselves to have to sit back and imagine the look on their face when they got to complain,
[01:23:07.440 --> 01:23:11.440]  because we don't get to be there and actually see it.
[01:23:11.440 --> 01:23:14.440]  But it's much more effective that way.
[01:23:14.440 --> 01:23:22.440]  When you have a phantom shooting at you that you can't see, that you can't communicate with, that you can't reason with,
[01:23:22.440 --> 01:23:32.440]  he is much more difficult, much harder to deal with than the guy you can actually look at.
[01:23:32.440 --> 01:23:33.440]  All right, Charles.
[01:23:33.440 --> 01:23:35.440]  So I suggest, go ahead.
[01:23:35.440 --> 01:23:42.440]  Well, I was just going to ask if Charles had anything else, because we have a whole big bunch of board of callers on the line.
[01:23:42.440 --> 01:23:43.440]  Quick question.
[01:23:43.440 --> 01:23:49.440]  Do you have any experience dealing with the grand juries here in California?
[01:23:49.440 --> 01:24:01.440]  I haven't actually dealt with them, but I did look them over because I was in California with a client and looked at the grand jury.
[01:24:01.440 --> 01:24:08.440]  You have a grand jury in California the way grand juries were intended to be.
[01:24:08.440 --> 01:24:14.440]  They not only deal with criminal matters, they also deal with contractual matters.
[01:24:14.440 --> 01:24:21.440]  So they get into municipal contracts and state contracts.
[01:24:21.440 --> 01:24:32.440]  So because of all of that, it's not in the mindset of California prosecutors to try to secret you from a grand jury.
[01:24:32.440 --> 01:24:35.440]  You can go directly to the grand jury.
[01:24:35.440 --> 01:24:45.440]  For the most part, the grand jury is not going to act on your complaints because, frankly, since the grand juries have so many other duties,
[01:24:45.440 --> 01:24:49.440]  they tend not to get to the minor stuff.
[01:24:49.440 --> 01:25:02.440]  However, when you go filing complaints with a grand jury, the guy against whom the complaint is filed, he doesn't necessarily know that.
[01:25:02.440 --> 01:25:06.440]  Even if he knows that, he doesn't trust that.
[01:25:06.440 --> 01:25:16.440]  So it's like when I was doing this seminar in Colorado, I asked, who here would like to play Russian roulette?
[01:25:16.440 --> 01:25:23.440]  Okay, we take a nine mil, so we got, instead of a six shooter, we got 14 blanks in one live round.
[01:25:23.440 --> 01:25:25.440]  I'll mix them up, load the clip.
[01:25:25.440 --> 01:25:28.440]  Who wants to take the first shot?
[01:25:28.440 --> 01:25:33.440]  When you make a complaint to a grand jury, it's always a crap shoot.
[01:25:33.440 --> 01:25:37.440]  So the guy you complain against, he never knows.
[01:25:37.440 --> 01:25:40.440]  Maybe he'll get indicted, maybe he won't.
[01:25:40.440 --> 01:25:44.440]  So it's always a good idea to go to the grand jury.
[01:25:44.440 --> 01:25:49.440]  And in California, you have an especially good one for that purpose.
[01:25:49.440 --> 01:25:52.440]  Okay, does that answer all your questions, Charles?
[01:25:52.440 --> 01:25:53.440]  Yes.
[01:25:53.440 --> 01:25:54.440]  Okay, excellent.
[01:25:54.440 --> 01:25:56.440]  I'll send you that stuff by email.
[01:25:56.440 --> 01:25:57.440]  All right, thank you for calling in.
[01:25:57.440 --> 01:25:59.440]  Read up on grand juries in California.
[01:25:59.440 --> 01:26:01.440]  You will like what you find.
[01:26:01.440 --> 01:26:11.440]  But read it from the perspective of you may do anything you are not specifically forbidden to do.
[01:26:11.440 --> 01:26:18.440]  And the public officials may only do what they're specifically authorized to do.
[01:26:18.440 --> 01:26:21.440]  That changes the whole outlook.
[01:26:21.440 --> 01:26:24.440]  All right, thank you, Charles.
[01:26:24.440 --> 01:26:28.440]  Okay, we're going now to Don in Washington.
[01:26:28.440 --> 01:26:30.440]  Don, thanks for calling in.
[01:26:30.440 --> 01:26:32.440]  What's on your mind tonight?
[01:26:32.440 --> 01:26:33.440]  All right, thanks for taking my call.
[01:26:33.440 --> 01:26:36.440]  Don, are you on a speaker phone?
[01:26:36.440 --> 01:26:37.440]  I'm on my headset.
[01:26:37.440 --> 01:26:38.440]  I'll go to my record.
[01:26:38.440 --> 01:26:43.440]  Yeah, you need to, yeah, callers, please use, I know that you're going to have to wait for a long time,
[01:26:43.440 --> 01:26:46.440]  so you may want to listen on your headset or speaker phone.
[01:26:46.440 --> 01:26:51.440]  But when we go to take you on the air, please use a regular handset and hold the mouthpiece by your chin
[01:26:51.440 --> 01:26:53.440]  so you won't breathe into the mic.
[01:26:53.440 --> 01:26:54.440]  Yeah, Don?
[01:26:54.440 --> 01:26:55.440]  Sorry about that.
[01:26:55.440 --> 01:26:56.440]  That's okay, much better.
[01:26:56.440 --> 01:27:05.440]  Basically, a couple days ago I received a summons for an arraignment on a driving while suspended license.
[01:27:05.440 --> 01:27:17.440]  And it was a surprise in the fact that I was pulled over a month ago regarding some minor infraction.
[01:27:17.440 --> 01:27:24.440]  And I had never received, it basically was failure to service process because I had never received
[01:27:24.440 --> 01:27:28.440]  the information regarding that my license was suspended.
[01:27:28.440 --> 01:27:32.440]  So I'm wondering the best strategies to deal with that.
[01:27:32.440 --> 01:27:38.440]  The ticket was probably a year and a half ago, and I'd been driving around like I own the world,
[01:27:38.440 --> 01:27:44.440]  not even knowing that the license had even been suspended because I would have obviously,
[01:27:44.440 --> 01:27:49.440]  well for me, I would have done something about that if I knew I was in that particular situation.
[01:27:49.440 --> 01:27:52.440]  But I've been driving around and just by happenstance get pulled over and says,
[01:27:52.440 --> 01:27:59.440]  hey, the officer says, hey, your license has been suspended for over a year.
[01:27:59.440 --> 01:28:05.440]  So now I'm dealing with that and I'm wondering what strategies you guys might have in mind.
[01:28:05.440 --> 01:28:08.440]  Do you know why it was suspended?
[01:28:08.440 --> 01:28:22.440]  It was a ticket that I responded to with some verbiage and the FTA failed to appear, came about.
[01:28:22.440 --> 01:28:23.440]  I think we lost him.
[01:28:23.440 --> 01:28:24.440]  Is he still there?
[01:28:24.440 --> 01:28:26.440]  We didn't lose him.
[01:28:26.440 --> 01:28:28.440]  Am I still here?
[01:28:28.440 --> 01:28:31.440]  Okay, apparently we're having trouble with Randy.
[01:28:31.440 --> 01:28:36.440]  We need to, Randy is having trouble with his Skype connection.
[01:28:36.440 --> 01:28:38.440]  Okay, am I here?
[01:28:38.440 --> 01:28:39.440]  I'm here now.
[01:28:39.440 --> 01:28:42.440]  I was gone for a minute.
[01:28:42.440 --> 01:28:45.440]  Randy, are you still there?
[01:28:45.440 --> 01:28:47.440]  Randy?
[01:28:47.440 --> 01:28:48.440]  I'm here.
[01:28:48.440 --> 01:28:49.440]  Randy's here.
[01:28:49.440 --> 01:28:51.440]  Okay.
[01:28:51.440 --> 01:28:53.440]  Go ahead, caller.
[01:28:53.440 --> 01:28:55.440]  Damn, Don, are you still there?
[01:28:55.440 --> 01:28:57.440]  Yeah, everyone's been here the whole time.
[01:28:57.440 --> 01:29:03.440]  It's your Skype connection, Randy, because you're on Wi-Fi.
[01:29:03.440 --> 01:29:07.440]  Randy?
[01:29:07.440 --> 01:29:08.440]  I don't know.
[01:29:08.440 --> 01:29:09.440]  I think we may have lost Randy.
[01:29:09.440 --> 01:29:13.440]  He's on a flaky Internet connection right now.
[01:29:13.440 --> 01:29:20.440]  Randy, you still there?
[01:29:20.440 --> 01:29:21.440]  Deborah, do you not hear me?
[01:29:21.440 --> 01:29:23.440]  Okay, there you guys are.
[01:29:23.440 --> 01:29:24.440]  Okay.
[01:29:24.440 --> 01:29:32.440]  Okay, I had muted Skype for a minute so that I could try to call Randy back because he's on a Wi-Fi connection and we were losing him.
[01:29:32.440 --> 01:29:34.440]  So, okay, go ahead, guys.
[01:29:34.440 --> 01:29:36.440]  Go ahead, caller.
[01:29:36.440 --> 01:29:49.440]  So, basically, the FTA, the next notification that I received was from a third-party debt collector wanting to collect on the ticket amount, and that's the last I heard.
[01:29:49.440 --> 01:29:52.440]  I responded and then, go ahead.
[01:29:52.440 --> 01:29:54.440]  Okay, you're in Washington?
[01:29:54.440 --> 01:29:55.440]  Yeah.
[01:29:55.440 --> 01:29:59.440]  What are the notice requirements in Washington?
[01:29:59.440 --> 01:30:02.440]  I don't have that information.
[01:30:02.440 --> 01:30:04.440]  Okay, here's what you should do.
[01:30:04.440 --> 01:30:05.440]  Okay.
[01:30:05.440 --> 01:30:10.440]  Get your code of criminal procedure for Washington State.
[01:30:10.440 --> 01:30:11.440]  Okay.
[01:30:11.440 --> 01:30:20.440]  When you get it, it'll probably be an inch or an inch and a half thick, and it looks like a small novel, but it's not.
[01:30:20.440 --> 01:30:22.440]  It's outlined.
[01:30:22.440 --> 01:30:24.440]  All statutes are outlined.
[01:30:24.440 --> 01:30:28.440]  It really doesn't take long to cruise through it.
[01:30:28.440 --> 01:30:29.440]  Okay.
[01:30:29.440 --> 01:30:38.440]  Just go to a coffee shop some morning for, you know, schedule a couple hours and just cruise through it.
[01:30:38.440 --> 01:30:50.440]  I went to Pennsylvania for some people to call me out there, and the first thing I did was got the code of criminal procedure and penal code for Pennsylvania.
[01:30:50.440 --> 01:30:53.440]  It took me two hours to go through the whole thing.
[01:30:53.440 --> 01:30:56.440]  They had 60 pages on gun laws.
[01:30:56.440 --> 01:30:59.440]  Well, I wasn't interested in gun laws, so I just skipped over that.
[01:30:59.440 --> 01:31:03.440]  And family law, I wasn't interested in family law, so I skipped over that.
[01:31:03.440 --> 01:31:10.440]  Two hours, I cruised through it, and man, I found some gems in there.
[01:31:10.440 --> 01:31:17.440]  If you get your code of criminal procedure and just cruise through it, don't try to understand it all.
[01:31:17.440 --> 01:31:23.440]  Don't try to make sense of it because it's not written in order like a novel is.
[01:31:23.440 --> 01:31:24.440]  Okay.
[01:31:24.440 --> 01:31:33.440]  The legislature passes one piece of legislation, and they say, well, we will pull this out of the public laws, and it goes into this code in this place.
[01:31:33.440 --> 01:31:37.440]  And they pass another, and it goes over here in this place, so it's out of sequence.
[01:31:37.440 --> 01:31:43.440]  So you just cruise through it and turn around and go right back to the beginning, cruise through it again.
[01:31:43.440 --> 01:31:47.440]  The second time, you'll start making all these connections.
[01:31:47.440 --> 01:31:51.440]  All of a sudden, this thing began to make sense.
[01:31:51.440 --> 01:31:54.440]  And then look at what they're doing.
[01:31:54.440 --> 01:32:02.440]  I'm telling you, three or four hours cruising through this code, you will be surprised.
[01:32:02.440 --> 01:32:13.440]  I can't think of anything that personally has given me more value than going through a code.
[01:32:13.440 --> 01:32:20.440]  When I first went through the code in Texas, I'm an engineer, so first thing I want to do is get a general idea.
[01:32:20.440 --> 01:32:22.440]  So I'll go through everything.
[01:32:22.440 --> 01:32:26.440]  And once I've gone through it, then I want to go back through it and start putting all the pieces together.
[01:32:26.440 --> 01:32:31.440]  Nothing gave me more freedom than going through the code.
[01:32:31.440 --> 01:32:39.440]  All that I've currently found is 12B5 and 12B2 regarding the issue, and then, of course, 12B6.
[01:32:39.440 --> 01:32:43.440]  That's all I've really looked at in the issue at hand.
[01:32:43.440 --> 01:32:50.440]  But I'm usually not in the statute side of things. I'm in the common law side of things.
[01:32:50.440 --> 01:32:54.440]  Common law, common law. You understand what common law is?
[01:32:54.440 --> 01:32:55.440]  Yeah.
[01:32:55.440 --> 01:32:58.440]  Common law is ruled by judges.
[01:32:58.440 --> 01:33:02.440]  We don't have the old common law anymore.
[01:33:02.440 --> 01:33:07.440]  That's been supplanted by stare decisis, by case law.
[01:33:07.440 --> 01:33:10.440]  Case law is common law.
[01:33:10.440 --> 01:33:17.440]  I once was asked to speak before a group of the Republic of Texas,
[01:33:17.440 --> 01:33:23.440]  and they advocated getting rid of the statutory law and go back to the common law.
[01:33:23.440 --> 01:33:27.440]  And I said, are you guys out of your minds?
[01:33:27.440 --> 01:33:34.440]  We've got these corrupt judges here that you're complaining about, and you want to go to common law,
[01:33:34.440 --> 01:33:37.440]  where they have no statute to guide them.
[01:33:37.440 --> 01:33:44.440]  They essentially get to do whatever they think is right at the moment.
[01:33:44.440 --> 01:33:46.440]  I don't want to go there.
[01:33:46.440 --> 01:33:52.440]  I want that judge to have statutory requirements he must follow.
[01:33:52.440 --> 01:33:54.440]  Well, he's going to be...
[01:33:54.440 --> 01:33:56.440]  I didn't process...
[01:33:56.440 --> 01:34:05.440]  I'm assuming he's going to pull out his bench book at that point anyway, and make a determination.
[01:34:05.440 --> 01:34:06.440]  Pardon?
[01:34:06.440 --> 01:34:07.440]  You're fading in and out.
[01:34:07.440 --> 01:34:08.440]  I missed that last part.
[01:34:08.440 --> 01:34:12.440]  I'm assuming he's going to pull out his bench book and look at precedent
[01:34:12.440 --> 01:34:15.440]  and what other judges are thinking about regarding...
[01:34:15.440 --> 01:34:16.440]  Yeah.
[01:34:16.440 --> 01:34:27.440]  If you've read the code twice, you are at least three steps above every attorney out there.
[01:34:27.440 --> 01:34:28.440]  Okay.
[01:34:28.440 --> 01:34:31.440]  And I'm not exaggerating.
[01:34:31.440 --> 01:34:34.440]  These guys, these attorneys don't know diddly squat.
[01:34:34.440 --> 01:34:36.440]  They're plum lazy.
[01:34:36.440 --> 01:34:37.440]  Yeah.
[01:34:37.440 --> 01:34:40.440]  Well, they get in this mode.
[01:34:40.440 --> 01:34:46.440]  They do the same thing over and over and over and over.
[01:34:46.440 --> 01:34:51.440]  And then all of a sudden somebody comes by and kicks them in the teeth.
[01:34:51.440 --> 01:34:53.440]  They have no idea how to handle it.
[01:34:53.440 --> 01:34:58.440]  If you have read the code twice, you don't have to memorize it.
[01:34:58.440 --> 01:35:01.440]  There's no need to try to memorize all this stuff.
[01:35:01.440 --> 01:35:03.440]  People listen to me, and I have people tell me all the time,
[01:35:03.440 --> 01:35:05.440]  oh, you know the code.
[01:35:05.440 --> 01:35:07.440]  No, I don't.
[01:35:07.440 --> 01:35:13.440]  I only know a few because they always keep coming up.
[01:35:13.440 --> 01:35:18.440]  Dr. Gray's jurisdiction, he's on Monday, 6 to 8.
[01:35:18.440 --> 01:35:23.440]  He tells about how he was in practice, I think, for eight or 10 years.
[01:35:23.440 --> 01:35:28.440]  And one day he was looking for something and he realized
[01:35:28.440 --> 01:35:37.440]  that he only had tabs on about 30 or 40 pages of the code, this one section.
[01:35:37.440 --> 01:35:40.440]  And the rest of it he never messed with.
[01:35:40.440 --> 01:35:45.440]  And he said, holy mackerel, you know, I went to law school for this,
[01:35:45.440 --> 01:35:50.440]  to learn 30 or 40 pages, and that's really how it is.
[01:35:50.440 --> 01:35:52.440]  These attorneys...
[01:35:52.440 --> 01:35:56.440]  Only for the benefit of the other listeners, I want to, I really want to,
[01:35:56.440 --> 01:36:03.440]  from a real-life practical, I want to really put some force
[01:36:03.440 --> 01:36:07.440]  and reiterate what you're saying because I didn't want to go here,
[01:36:07.440 --> 01:36:12.440]  but my father-in-law is retired Deputy Prosecutor at LA County.
[01:36:12.440 --> 01:36:14.440]  I'm in Washington State.
[01:36:14.440 --> 01:36:16.440]  I'm not going to say any names,
[01:36:16.440 --> 01:36:20.440]  but I went to high school with the state attorney general in my state,
[01:36:20.440 --> 01:36:23.440]  and you're absolutely right.
[01:36:23.440 --> 01:36:26.440]  They are lazy and they know nothing.
[01:36:26.440 --> 01:36:30.440]  Well, you know, even that, it's not really fair to say they're lazy.
[01:36:30.440 --> 01:36:37.440]  They're very busy, but they do the same thing over and over and over.
[01:36:37.440 --> 01:36:43.440]  And it's seldom that someone like us comes in and upsets their apple cart,
[01:36:43.440 --> 01:36:48.440]  and when they do, they're standing there like a deer in the headlights.
[01:36:48.440 --> 01:36:54.440]  So, yeah, yeah, if you read the code, you're bad news.
[01:36:54.440 --> 01:37:00.440]  And I can tell you, a prosecutor attorney does not want to deal with me.
[01:37:00.440 --> 01:37:06.440]  I don't know family law, I don't know real estate law, I don't know contract law,
[01:37:06.440 --> 01:37:11.440]  but I do know due process.
[01:37:11.440 --> 01:37:16.440]  And that all comes out, penal code, Code of Criminal Procedure.
[01:37:16.440 --> 01:37:21.440]  Pennsylvania, two hours, read them both.
[01:37:21.440 --> 01:37:24.440]  And once I read them both, I'm talking...
[01:37:24.440 --> 01:37:29.440]  Yeah, due process would definitely be failure to service notice regarding...
[01:37:29.440 --> 01:37:31.440]  Absolutely.
[01:37:31.440 --> 01:37:33.440]  Yeah, that's why I mentioned that,
[01:37:33.440 --> 01:37:38.440]  because then you go to what they were supposed to have done and didn't do,
[01:37:38.440 --> 01:37:44.440]  and then you get to start hammering them on their own law.
[01:37:44.440 --> 01:37:46.440]  And it is a hoot.
[01:37:46.440 --> 01:37:50.440]  Okay, Deborah's telling me we've got lots of callers.
[01:37:50.440 --> 01:37:53.440]  Yeah, do you have anything else for us, Don?
[01:37:53.440 --> 01:37:55.440]  That'll do it, thanks so much.
[01:37:55.440 --> 01:37:59.440]  Okay, great, excellent.
[01:37:59.440 --> 01:38:03.440]  Okay, we're going to go now to Hal in Texas.
[01:38:03.440 --> 01:38:05.440]  Hal, thanks for calling in.
[01:38:05.440 --> 01:38:08.440]  What's on your mind tonight?
[01:38:08.440 --> 01:38:10.440]  Hal?
[01:38:10.440 --> 01:38:13.440]  Okay, we lost Hal.
[01:38:13.440 --> 01:38:18.440]  All right, we're going to go to Rick in Texas, and then Paul.
[01:38:18.440 --> 01:38:19.440]  Rick, thanks for calling in.
[01:38:19.440 --> 01:38:23.440]  What's on your mind tonight?
[01:38:23.440 --> 01:38:24.440]  Yes, hello?
[01:38:24.440 --> 01:38:26.440]  Yes, what's on your mind tonight?
[01:38:26.440 --> 01:38:33.440]  I just wanted to recap with Randy about what I called in about a couple of weeks ago.
[01:38:33.440 --> 01:38:35.440]  I had a jury trial set up.
[01:38:35.440 --> 01:38:37.440]  Now, I had already appealed this,
[01:38:37.440 --> 01:38:43.440]  no seat belt from municipal court in Marble Falls to county court in Burnet.
[01:38:43.440 --> 01:38:47.440]  And with the pretrial and all, I have the pain copy.
[01:38:47.440 --> 01:38:49.440]  This is notice of setting or resetting.
[01:38:49.440 --> 01:38:54.440]  It says jury trial 727.09, 9 a.m. in the morning.
[01:38:54.440 --> 01:38:56.440]  I show up, the courtroom's dark.
[01:38:56.440 --> 01:39:06.440]  I go across the hallway to the court coordinator, and I said I demand a jury trial right now.
[01:39:06.440 --> 01:39:08.440]  I'm here for my jury trial.
[01:39:08.440 --> 01:39:13.440]  And so she calls a couple of bailiffs and says, you know, I think we need you guys up there.
[01:39:13.440 --> 01:39:17.440]  I think Mr. Renfro is about to be belligerent.
[01:39:17.440 --> 01:39:21.440]  So these guys come up and they said, you know, we're just going to schedule you again,
[01:39:21.440 --> 01:39:23.440]  and then we're going to schedule you again.
[01:39:23.440 --> 01:39:25.440]  So I didn't.
[01:39:25.440 --> 01:39:26.440]  Wait a minute.
[01:39:26.440 --> 01:39:28.440]  Who told you that?
[01:39:28.440 --> 01:39:30.440]  Well, I've seen them in the courtroom before.
[01:39:30.440 --> 01:39:31.440]  I think they're bailiffs.
[01:39:31.440 --> 01:39:40.440]  Actually, one of them is the environmental control guy.
[01:39:40.440 --> 01:39:45.440]  He's an assistant district attorney.
[01:39:45.440 --> 01:39:50.440]  There's something to the assistant district attorney, but, you know, they're both packing pieces.
[01:39:50.440 --> 01:39:51.440]  Whoa.
[01:39:51.440 --> 01:39:52.440]  Wait a minute.
[01:39:52.440 --> 01:39:53.440]  Wait a minute.
[01:39:53.440 --> 01:39:57.440]  No, that has to be an investigator.
[01:39:57.440 --> 01:39:58.440]  Yeah, exactly.
[01:39:58.440 --> 01:39:59.440]  Exactly.
[01:39:59.440 --> 01:40:00.440]  I'm sorry.
[01:40:00.440 --> 01:40:01.440]  I'm sorry.
[01:40:01.440 --> 01:40:02.440]  But yeah, he's an investigator.
[01:40:02.440 --> 01:40:03.440]  You're right.
[01:40:03.440 --> 01:40:09.440]  So they said, well, he looks at the court coordinator and says, sign him up for August 17.
[01:40:09.440 --> 01:40:11.440]  So he writes August 17.
[01:40:11.440 --> 01:40:13.440]  He sheds to me, he says, sign right here.
[01:40:13.440 --> 01:40:14.440]  Yes.
[01:40:14.440 --> 01:40:15.440]  I said, I'm not signing anything.
[01:40:15.440 --> 01:40:16.440]  Okay.
[01:40:16.440 --> 01:40:21.440]  He's impersonating a judicial officer, a public official.
[01:40:21.440 --> 01:40:24.440]  He's impersonating a prosecutor and attorney.
[01:40:24.440 --> 01:40:26.440]  Yep.
[01:40:26.440 --> 01:40:28.440]  He has no such authority.
[01:40:28.440 --> 01:40:30.440]  So I said, I'm not signing anything.
[01:40:30.440 --> 01:40:34.440]  He looks at the coordinator and says, right, refuse to sign.
[01:40:34.440 --> 01:40:37.440]  So they're both yelling at me, the other guy, too.
[01:40:37.440 --> 01:40:42.440]  The other guy I told you a couple weeks ago, he's pressing his gut up into my left elbow.
[01:40:42.440 --> 01:40:45.440]  He slaps my manila folder shut.
[01:40:45.440 --> 01:40:48.440]  He yells at me to shut up.
[01:40:48.440 --> 01:40:52.440]  And I know you were telling me to call back in Friday and you'd walk me through this.
[01:40:52.440 --> 01:40:56.440]  But I called in and I didn't get any – I've already talked to Deborah about this.
[01:40:56.440 --> 01:40:58.440]  I know just to hang on now.
[01:40:58.440 --> 01:41:01.440]  But I didn't get an acknowledgment that I was on the line last Friday, so I just hung up.
[01:41:01.440 --> 01:41:02.440]  Oh, yeah, yeah, yeah.
[01:41:02.440 --> 01:41:08.440]  Sometimes – we don't have enough funds to hire someone special.
[01:41:08.440 --> 01:41:09.440]  Sure, sure.
[01:41:09.440 --> 01:41:10.440]  I understand all that now.
[01:41:10.440 --> 01:41:13.440]  But anyway, I'd like to really know about what to do about this, too.
[01:41:13.440 --> 01:41:16.440]  So they send me – so, you know, he throws the letter at me.
[01:41:16.440 --> 01:41:18.440]  I don't let it touch my hands.
[01:41:18.440 --> 01:41:19.440]  I get up.
[01:41:19.440 --> 01:41:20.440]  I walk out.
[01:41:20.440 --> 01:41:25.440]  So they send me this deal saying, Burnett County Court apologizes for the error when setting your jury trial.
[01:41:25.440 --> 01:41:26.440]  Blah, blah, blah.
[01:41:26.440 --> 01:41:28.440]  I don't know if you hear all this.
[01:41:28.440 --> 01:41:29.440]  Yeah.
[01:41:28.440 --> 01:41:30.440]  Screw you, Bubba.
[01:41:30.440 --> 01:41:32.440]  Apologize, don't get it.
[01:41:32.440 --> 01:41:39.440]  You need to file a motion to dismiss violation of – go ahead.
[01:41:39.440 --> 01:41:40.440]  I'm sorry.
[01:41:40.440 --> 01:41:49.440]  What I did was I wrote, you know, Judge Klager, I am demanding an order of dismissal regarding Case 249-75.
[01:41:49.440 --> 01:41:55.440]  I appeared on 7-27-09 at 9 a.m. as required by law only to find the courtroom closed.
[01:41:55.440 --> 01:41:57.440]  My obligation is now over.
[01:41:57.440 --> 01:42:04.440]  I will not agree to any future setting, and I request the order of dismissal be sent to me.
[01:42:04.440 --> 01:42:09.440]  Witnesses to my appearance were – and I listed the four clowns that were up there.
[01:42:09.440 --> 01:42:16.440]  And that's where – and I sent it certified, and I got the return receipt back, so they did get it.
[01:42:16.440 --> 01:42:19.440]  But I know what they're going to do.
[01:42:19.440 --> 01:42:29.440]  They're not sending me a dismissal, and I'm kind of wondering, you know, because it says there will be a warrant for your arrest if you don't show up.
[01:42:29.440 --> 01:42:30.440]  Okay.
[01:42:30.440 --> 01:42:41.440]  File a criminal complaint against the judge for official oppression, motion to disqualify the judge.
[01:42:41.440 --> 01:42:43.440]  Let me think.
[01:42:43.440 --> 01:42:46.440]  Criminal complaint for what?
[01:42:46.440 --> 01:42:48.440]  Official oppression.
[01:42:48.440 --> 01:42:50.440]  Official oppression?
[01:42:50.440 --> 01:42:51.440]  Yeah.
[01:42:51.440 --> 01:42:58.440]  The official oppression is he acted under his authority to order you to be in court.
[01:42:58.440 --> 01:43:05.440]  He didn't call you – or he didn't have the prosecutor call you and say, hey, we want to set a hearing for this date.
[01:43:05.440 --> 01:43:10.440]  Will you check your schedule and see if you have an opening on this date?
[01:43:10.440 --> 01:43:12.440]  They didn't do that.
[01:43:12.440 --> 01:43:16.440]  They said, you be here this day, this time, ready for trial.
[01:43:16.440 --> 01:43:22.440]  When the state does that, they have a duty to be ready for trial.
[01:43:22.440 --> 01:43:32.440]  If they're not ready for trial, then you've been subjected to malicious prosecution, and you have a right to dismissal or violation of due process.
[01:43:32.440 --> 01:43:39.440]  And it's a criminal act on the part of the judge to order you to be in court when he has no intention of being there.
[01:43:39.440 --> 01:43:51.440]  So file criminal charges against the judge, motion to disqualify the judge, and a motion to dismiss with prejudice for due process violation.
[01:43:51.440 --> 01:43:55.440]  You know, they're going to deny all of it.
[01:43:55.440 --> 01:43:57.440]  No problem.
[01:43:57.440 --> 01:44:01.440]  You do an interlocutory appeal.
[01:44:01.440 --> 01:44:05.440]  These guys never have anybody beat them up this way.
[01:44:05.440 --> 01:44:11.440]  And this is the cheapest legal education you can ever get.
[01:44:11.440 --> 01:44:18.440]  Just go online, type in Interlocutory Appeal Texas.
[01:44:18.440 --> 01:44:27.440]  You know, I've been on here, and we've heard a lot of stuff about maritime jurisdiction.
[01:44:27.440 --> 01:44:36.440]  I finally got some free time, and I sat down and spent two hours on maritime jurisdiction.
[01:44:36.440 --> 01:44:40.440]  And it was enough to blow it completely out of the water.
[01:44:40.440 --> 01:44:42.440]  That's all it took.
[01:44:42.440 --> 01:44:46.440]  So this really doesn't take that much time.
[01:44:46.440 --> 01:45:01.440]  When you start to go to Cornell, if you don't have Lexus or Westlaw, go to Cornell and type in your issue and pull up some court cases.
[01:45:01.440 --> 01:45:08.440]  Most of these court cases have headnotes, and it's just a short synopsis of what each issue is about.
[01:45:08.440 --> 01:45:14.440]  That is the best detailed legal education you can ever get.
[01:45:14.440 --> 01:45:21.440]  If you start reading these court cases, it will clarify the law very quickly.
[01:45:21.440 --> 01:45:26.440]  Like in this case, malicious prosecution.
[01:45:26.440 --> 01:45:33.440]  The hardest thing to do is get the first, the hit on point on the first case.
[01:45:33.440 --> 01:45:36.440]  You're ordered to court.
[01:45:36.440 --> 01:45:38.440]  The court's closed.
[01:45:38.440 --> 01:45:41.440]  What would you call that?
[01:45:41.440 --> 01:45:51.440]  If a court knows it's going to be closed and orders you to be there with a subpoena.
[01:45:51.440 --> 01:45:55.440]  Militia prosecution, first thing comes to mind.
[01:45:55.440 --> 01:46:00.440]  But, you know, look at key words that go to your issue.
[01:46:00.440 --> 01:46:03.440]  You start picking up cases on it.
[01:46:03.440 --> 01:46:13.440]  And each case, while it may not be dead on point, your issue, all the cases will start out with the headnotes.
[01:46:13.440 --> 01:46:15.440]  You read the headnotes.
[01:46:15.440 --> 01:46:26.440]  The headnotes will generally go to your issue and issues close to your issue because every case has, you know, variations.
[01:46:26.440 --> 01:46:36.440]  So you'll get to see in being summoned to court all of the things about being summoned to court.
[01:46:36.440 --> 01:46:42.440]  And once you've read three or four cases on your subject,
[01:46:42.440 --> 01:46:53.440]  you will be surprised how clear an understanding you will get of that very finely tuned issue.
[01:46:53.440 --> 01:47:00.440]  And when you prepare a motion based on the case law and send it to the judge, you know,
[01:47:00.440 --> 01:47:08.440]  they got so many things going on that they almost never have anyone stand up in their face.
[01:47:08.440 --> 01:47:12.440]  They have no idea how to deal with you.
[01:47:12.440 --> 01:47:15.440]  And you will enjoy it.
[01:47:15.440 --> 01:47:22.440]  There's nothing like having a prosecutor or a judge with that look like the deer in the headlights.
[01:47:22.440 --> 01:47:31.440]  Well, I remember the first caller, I guess I send all this certified mail instead of going there and letting them arrest me.
[01:47:31.440 --> 01:47:32.440]  Absolutely.
[01:47:32.440 --> 01:47:34.440]  Stay clear of them.
[01:47:34.440 --> 01:47:37.440]  You should really do it registered mail.
[01:47:37.440 --> 01:47:38.440]  Yeah.
[01:47:38.440 --> 01:47:44.440]  And write in big bold letters so they'll think you're a real big guy.
[01:47:44.440 --> 01:47:45.440]  They never see you.
[01:47:45.440 --> 01:47:51.440]  If they can't see you, they can't talk to you, they can't reason with you, you just hammer them from a distance.
[01:47:51.440 --> 01:47:57.440]  Now, out here in Hickville, you know, when it says, you know,
[01:47:57.440 --> 01:48:02.440]  a capious will be issued for your arrest, for failure to appear, and your jury trial will be canceled,
[01:48:02.440 --> 01:48:07.440]  that means if you get stopped again, they actually don't come get you at your house, do they?
[01:48:07.440 --> 01:48:08.440]  No.
[01:48:08.440 --> 01:48:09.440]  Or I guess maybe in some cases they might.
[01:48:09.440 --> 01:48:10.440]  Okay.
[01:48:10.440 --> 01:48:11.440]  Okay.
[01:48:11.440 --> 01:48:14.440]  That's mostly, you know, what state are you in?
[01:48:14.440 --> 01:48:15.440]  You're in Texas?
[01:48:15.440 --> 01:48:16.440]  Yeah.
[01:48:16.440 --> 01:48:18.440]  You're in Texas, okay.
[01:48:18.440 --> 01:48:19.440]  Okay.
[01:48:19.440 --> 01:48:20.440]  You're in Texas.
[01:48:20.440 --> 01:48:29.440]  In Texas, for the most part, for traffic violations, they don't issue warrants.
[01:48:29.440 --> 01:48:38.440]  And even if they do issue a warrant, they post the warrant only in the regional computer.
[01:48:38.440 --> 01:48:45.440]  Dallas, the regional computer has 15 counties around Dallas-Fort Worth.
[01:48:45.440 --> 01:48:50.440]  Austin, I don't know how many counties, but I suspect it's a whole lot less,
[01:48:50.440 --> 01:48:54.440]  because Dallas and Fort Worth are like 25 miles apart.
[01:48:54.440 --> 01:48:58.440]  So it includes Tarrant, Dallas, and all of the counties surrounding.
[01:48:58.440 --> 01:49:04.440]  Well, I know that in Williamson County, they'll put a warrant out for your arrest real fast over traffic tickets.
[01:49:04.440 --> 01:49:05.440]  Yeah.
[01:49:05.440 --> 01:49:07.440]  And they'll come get you too.
[01:49:07.440 --> 01:49:15.440]  Wait, they won't go to Houston and transport you from Houston to Williamson County for a traffic ticket,
[01:49:15.440 --> 01:49:17.440]  because it'll cost them more.
[01:49:17.440 --> 01:49:19.440]  If you live in Williamson County, they will.
[01:49:19.440 --> 01:49:28.440]  Well, for the most part, on traffic tickets now, they just, I forget the name of the computer,
[01:49:28.440 --> 01:49:32.440]  they put it in a computer so that when you go to renew your license,
[01:49:32.440 --> 01:49:35.440]  you have to pay the fine before you renew your license.
[01:49:35.440 --> 01:49:40.440]  So generally, that's not a real big problem, especially on traffic tickets.
[01:49:40.440 --> 01:49:44.440]  If you're out of the area where you got the ticket,
[01:49:44.440 --> 01:49:49.440]  because the jurisdiction doesn't want to pay to transport you,
[01:49:49.440 --> 01:49:54.440]  they don't want to send an officer 200 miles to pick you up and transport you back.
[01:49:54.440 --> 01:49:55.440]  It costs them too much money.
[01:49:55.440 --> 01:49:59.440]  Yeah, but if you're local, if a ticket is given out locally,
[01:49:59.440 --> 01:50:03.440]  where in the same county you live in or a joining county, I would be very careful, though.
[01:50:03.440 --> 01:50:06.440]  It is a serious issue, and you should take it seriously,
[01:50:06.440 --> 01:50:11.440]  because almost everybody that I have ever known, even recently,
[01:50:11.440 --> 01:50:14.440]  around this Austin, Williamson County area that has gotten a ticket,
[01:50:14.440 --> 01:50:18.440]  that didn't handle it properly, got a warrant.
[01:50:18.440 --> 01:50:22.440]  So you don't want to take it lightly, oh, it's no big deal,
[01:50:22.440 --> 01:50:26.440]  and I can just do whatever I want just because it's a traffic ticket,
[01:50:26.440 --> 01:50:29.440]  because you can lose your liberties even over a traffic ticket.
[01:50:29.440 --> 01:50:32.440]  Absolutely, and this is how you handle that.
[01:50:32.440 --> 01:50:36.440]  You get someone prepared to post your bail.
[01:50:36.440 --> 01:50:40.440]  Then you walk in, you find out which judge issued the warrant,
[01:50:40.440 --> 01:50:43.440]  and you show up in his court.
[01:50:43.440 --> 01:50:48.440]  And you tell the judge, a judge, I hear you want to talk to me.
[01:50:48.440 --> 01:50:51.440]  Now, this is what they do in Fort Worth.
[01:50:51.440 --> 01:50:55.440]  If you have a traffic warrant in Fort Worth and you go to the court,
[01:50:55.440 --> 01:51:00.440]  they will have an officer come in and arrest you, and this is the reason.
[01:51:00.440 --> 01:51:04.440]  If you are arrested, then there is an arrest fee.
[01:51:04.440 --> 01:51:08.440]  It used to be $40, I think it's $50 now.
[01:51:08.440 --> 01:51:13.440]  And the warrant orders the arresting officer to bring you before the magistrate
[01:51:13.440 --> 01:51:17.440]  who issued the warrant, so you walk up in front of that magistrate.
[01:51:17.440 --> 01:51:21.440]  In Fort Worth, they'll have you arrested and taken to jail.
[01:51:21.440 --> 01:51:24.440]  Then you get to sue the judge,
[01:51:24.440 --> 01:51:29.440]  because they did this so that they could collect the warrant fee.
[01:51:29.440 --> 01:51:33.440]  There's a warrant fee if an officer has to arrest you.
[01:51:33.440 --> 01:51:35.440]  Then they can assess a warrant fee.
[01:51:35.440 --> 01:51:42.440]  When you get a ticket, they assess the fines, and they also assess a warrant fee.
[01:51:42.440 --> 01:51:46.440]  But they can't collect that warrant fee unless they actually arrest you.
[01:51:46.440 --> 01:51:52.440]  So if you go to the judge and he arrests you, he has the bailiff arrest you?
[01:51:52.440 --> 01:51:58.440]  Well, the warrant ordered him to bring you before the magistrate, not take you to jail.
[01:51:58.440 --> 01:52:03.440]  And they do that so they can collect the warrant fee.
[01:52:03.440 --> 01:52:09.440]  So you can accuse the judge of official oppression
[01:52:09.440 --> 01:52:15.440]  for the purpose of collecting warrant fees for the state.
[01:52:15.440 --> 01:52:19.440]  And then you can demand that it all be reimbursed in triplicate
[01:52:19.440 --> 01:52:21.440]  and filed criminally against the judge.
[01:52:21.440 --> 01:52:29.440]  But if the judge, if there's a good chance that the judge won't have you arrested.
[01:52:29.440 --> 01:52:35.440]  But if they do have somebody there to post bail, then you get to sue the judge.
[01:52:35.440 --> 01:52:40.440]  Yeah, I mean, legally, I wouldn't think I have to show it,
[01:52:40.440 --> 01:52:47.440]  because I sent them, I sent her a copy of the resetting that says 9 a.m.,
[01:52:47.440 --> 01:52:51.440]  you guys weren't there, it's dismissed, that's it.
[01:52:51.440 --> 01:52:56.440]  Okay, what's the nature of the warrant since you showed up?
[01:52:56.440 --> 01:52:58.440]  It was a jury trial setting.
[01:52:58.440 --> 01:53:00.440]  Yeah, but you showed up.
[01:53:00.440 --> 01:53:01.440]  Yeah, I did.
[01:53:01.440 --> 01:53:03.440]  So how would they have a warrant?
[01:53:03.440 --> 01:53:06.440]  Well, I'm just trying to get, they sent me another letter.
[01:53:06.440 --> 01:53:10.440]  Before I could get my letter off, they sent me a letter saying,
[01:53:10.440 --> 01:53:12.440]  we apologize for the mix-up.
[01:53:12.440 --> 01:53:14.440]  It even says it wasn't your fault.
[01:53:14.440 --> 01:53:18.440]  But anyway, you got to show up again, if you don't, we'll come get you.
[01:53:18.440 --> 01:53:20.440]  Now, this is set for August 17th.
[01:53:20.440 --> 01:53:25.440]  So I'm kind of thinking, you know, should I go, should I just not go?
[01:53:25.440 --> 01:53:28.440]  I've already, see, I received...
[01:53:28.440 --> 01:53:34.440]  File a motion to dismiss with prejudice, violation due process.
[01:53:34.440 --> 01:53:37.440]  Yeah, you are allowed to appear by motion.
[01:53:37.440 --> 01:53:40.440]  You are not required to appear bodily in the court.
[01:53:40.440 --> 01:53:42.440]  You may appear by motion.
[01:53:42.440 --> 01:53:46.440]  Yeah, that'll keep, if you appear by motion, you know,
[01:53:46.440 --> 01:53:48.440]  they're not going to issue a warrant.
[01:53:48.440 --> 01:53:50.440]  They're going to respond to the motion.
[01:53:50.440 --> 01:53:51.440]  Or ignore it.
[01:53:51.440 --> 01:53:53.440]  Yeah, if they ignore it and issue a warrant,
[01:53:53.440 --> 01:53:56.440]  then you file criminal charges against the judge immediately,
[01:53:56.440 --> 01:54:03.440]  motion to disqualify the judge, and send the city a tort letter.
[01:54:03.440 --> 01:54:08.440]  If it's a municipality, if it's a county, send the court commissioners a tort letter.
[01:54:08.440 --> 01:54:12.440]  So I've already sent this letter here saying I'm demanding an order of dismissal.
[01:54:12.440 --> 01:54:16.440]  I should send them something else saying that I'm appearing by motion?
[01:54:16.440 --> 01:54:17.440]  Yes.
[01:54:17.440 --> 01:54:18.440]  No, you don't have to say...
[01:54:18.440 --> 01:54:20.440]  You can't just send a letter.
[01:54:20.440 --> 01:54:26.440]  You have to file a motion to dismiss with an attached order for the judge to sign,
[01:54:26.440 --> 01:54:28.440]  stating that it is dismissed.
[01:54:28.440 --> 01:54:30.440]  The letter's not going to do it.
[01:54:30.440 --> 01:54:32.440]  How did you send the letter?
[01:54:32.440 --> 01:54:34.440]  I just typed it up.
[01:54:34.440 --> 01:54:36.440]  I just typed it up and then it's certified.
[01:54:36.440 --> 01:54:38.440]  Okay, okay.
[01:54:38.440 --> 01:54:39.440]  That's not good enough.
[01:54:39.440 --> 01:54:42.440]  You need to file a motion with the court.
[01:54:42.440 --> 01:54:46.440]  And the only thing that's different between a letter and a motion,
[01:54:46.440 --> 01:54:49.440]  essentially is the heading.
[01:54:49.440 --> 01:54:53.440]  You put State of Texas V, whoever, on one side.
[01:54:53.440 --> 01:54:55.440]  You put the court on the other side.
[01:54:55.440 --> 01:54:57.440]  You know, you got a heading on a letter.
[01:54:57.440 --> 01:54:58.440]  It's got your name at the top.
[01:54:58.440 --> 01:55:02.440]  It's got the addressee's name over on the left side.
[01:55:02.440 --> 01:55:04.440]  That's kind of a standard form.
[01:55:04.440 --> 01:55:09.440]  The motion has a similar form, except it has State of Texas, if in criminal,
[01:55:09.440 --> 01:55:15.440]  State of Texas V, whoever you are, and then that's on the left side.
[01:55:15.440 --> 01:55:23.440]  On the right side it has the court in the blank court, blank county, Texas,
[01:55:23.440 --> 01:55:28.440]  and then under that it has, I generally put the date,
[01:55:28.440 --> 01:55:31.440]  and then a title for the motion.
[01:55:31.440 --> 01:55:40.440]  And then you tell the judge who you are, what you want him to do,
[01:55:40.440 --> 01:55:45.440]  what law requires him to do what you want him to do,
[01:55:45.440 --> 01:55:51.440]  and then you put in a prayer where you require him to do what you ask him to do.
[01:55:51.440 --> 01:55:54.440]  That's kind of the basic format for a motion.
[01:55:54.440 --> 01:55:57.440]  You send that to the court clerk.
[01:55:57.440 --> 01:56:00.440]  You generally send three copies.
[01:56:00.440 --> 01:56:02.440]  One is an original.
[01:56:02.440 --> 01:56:08.440]  One you send with a manila envelope clipped to it.
[01:56:08.440 --> 01:56:11.440]  That's already been weighed by the post office
[01:56:11.440 --> 01:56:15.440]  and postage stamped addressed to the prosecuting attorney.
[01:56:15.440 --> 01:56:21.440]  A second one weighed, postage stamped addressed to you.
[01:56:21.440 --> 01:56:28.440]  And a letter on top asking the clerk to file all these in the court record
[01:56:28.440 --> 01:56:37.440]  and forward the included documents in the included stamped self-addressed envelopes.
[01:56:37.440 --> 01:56:42.440]  And clerks get this all the time, so this is not nothing new for them.
[01:56:42.440 --> 01:56:47.440]  They'll get this, they'll stamp them all, stick the two in the envelope, seal them, send them,
[01:56:47.440 --> 01:56:50.440]  and file the other one in the court record.
[01:56:50.440 --> 01:56:52.440]  Now you have it in the court record.
[01:56:52.440 --> 01:56:55.440]  Now it's filed.
[01:56:55.440 --> 01:57:06.440]  Then you send, included in there, you should include a letter to the clerk, to the judge's coordinator.
[01:57:06.440 --> 01:57:09.440]  Sometimes they call the judge's secretary a secretary.
[01:57:09.440 --> 01:57:11.440]  Sometimes they call him a coordinator.
[01:57:11.440 --> 01:57:14.440]  Sometimes they call him a clerk.
[01:57:14.440 --> 01:57:20.440]  So you just put in there the judge's clerk, coordinator, whatever,
[01:57:20.440 --> 01:57:27.440]  and ask the clerk to set the cause for your motion for hearing at the next available date
[01:57:27.440 --> 01:57:30.440]  and notify you of that date.
[01:57:30.440 --> 01:57:37.440]  If you file a motion and you don't request that it be set for hearing, it just sits there.
[01:57:37.440 --> 01:57:41.440]  So include that to demand that it be set for hearing.
[01:57:41.440 --> 01:57:45.440]  Now they're on the dime.
[01:57:45.440 --> 01:57:49.440]  Does that make sense?
[01:57:49.440 --> 01:57:50.440]  Not really.
[01:57:50.440 --> 01:57:54.440]  I'm pretty new to all this.
[01:57:54.440 --> 01:57:59.440]  You can go back and listen to the archive, Rick, to get the detailed instructions.
[01:57:59.440 --> 01:58:03.440]  Go to Jurisimprudence.com and look in the blank section.
[01:58:03.440 --> 01:58:06.440]  You'll see a bunch of motions.
[01:58:06.440 --> 01:58:11.440]  When we come back from break, I'll go briefly over the details of how to file a motion,
[01:58:11.440 --> 01:58:13.440]  and then we need to go into our next one.
[01:58:13.440 --> 01:58:14.440]  Okay, yes.
[01:58:14.440 --> 01:58:15.440]  After we...
[01:58:15.440 --> 01:58:16.440]  Yes, thank you, Rick.
[01:58:16.440 --> 01:58:17.440]  Hold on the line, Rick.
[01:58:17.440 --> 01:58:21.440]  We'll go over that on the other side, and then we'll take Paul,
[01:58:21.440 --> 01:58:26.440]  who is going to be speaking on mortgage, the mortgages.
[01:58:26.440 --> 01:58:32.440]  He called in a few nights ago, and he's going to be talking about the financial situation.
[01:58:32.440 --> 01:58:33.440]  Oh, Paul.
[01:58:33.440 --> 01:58:34.440]  Yes.
[01:58:34.440 --> 01:58:38.440]  All right, we will be right back after these short messages.
[01:58:38.440 --> 01:58:48.440]  This is the rule of law, Randy Kelton and Deborah Stevens and Eddie Craig.
[01:59:08.440 --> 01:59:23.440]  Thank you.
[01:59:23.440 --> 01:59:38.440]  Thank you.
[01:59:38.440 --> 01:59:53.440]  Thank you.