ROL_2009-08-10_16k.timecode

[00:00.000 --> 00:05.720]  This news brief brought to you by the International News Net.
[00:05.720 --> 00:11.400]  Honduran President Manuel Zelaya has vowed to end his month-long exile by staging a dramatic
[00:11.400 --> 00:13.680]  border crossing from Nicaragua.
[00:13.680 --> 00:19.040]  Zelaya was ushered out of the country by the Honduran military on June 28th.
[00:19.040 --> 00:24.240]  The Washington Post says the health care industry is spreading rumors that 77 percent of Americans
[00:24.240 --> 00:27.520]  are satisfied with their existing health insurance coverage.
[00:27.520 --> 00:34.440]  However, a New York Times, CBS News survey found 72 percent of Americans favor a public
[00:34.440 --> 00:36.040]  plan.
[00:36.040 --> 00:41.800]  Russian and Chinese military forces are taking part in a five-day exercise in China aimed
[00:41.800 --> 00:46.840]  at quelling terrorists who have captured a city and provoked massive riots.
[00:46.840 --> 00:51.120]  This news brief brought to you by the International News Net.
[00:51.120 --> 00:57.000]  Senate Democrats Wednesday narrowly defeated a Republican proposal to allow concealed weapons
[00:57.000 --> 00:59.440]  to be carried across state lines.
[00:59.440 --> 01:05.040]  The vote capped a furious effort by Majority Whip Dick Durbin and Senator Charles Schumer.
[01:05.040 --> 01:10.560]  Schumer, who led the effort to kill the amendment, said its defeat means, quote, lives have been
[01:10.560 --> 01:15.480]  saved, adding, the passage of this amendment would have done more to threaten the safety
[01:15.480 --> 01:20.720]  of New Yorkers than anything since the repeal of the assault weapons ban.
[01:20.720 --> 01:26.000]  The vote was a rare defeat for the National Rifle Association, which described the amendment
[01:26.000 --> 01:30.880]  as a way to push back against an increasingly hostile atmosphere for gun owners.
[01:30.880 --> 01:35.760]  A coalition of U.S. mayors, mayors against illegal guns, co-chaired by New York City
[01:35.760 --> 01:41.600]  Mayor Michael Bloomberg, lobbied senators far more intensely than in other recent gun
[01:41.600 --> 01:43.240]  votes in the Senate.
[01:43.240 --> 01:52.160]  Bloomberg called the amendment an intrusive and destructive bill.
[01:52.160 --> 01:57.400]  The American Academy of Environmental Medicine says genetically modified foods have not been
[01:57.400 --> 02:01.440]  properly tested and pose a serious health risk.
[02:01.440 --> 02:07.520]  Recently the AAEM called on physicians to educate their patients, the medical community
[02:07.520 --> 02:11.280]  and the public to avoid genetically modified foods.
[02:11.280 --> 02:17.280]  They called for a moratorium on GM foods, long-term independent studies and labeling.
[02:17.280 --> 02:24.240]  The AAEM said animal studies indicate serious health risks associated with GM food include
[02:24.240 --> 02:31.480]  infertility, immune problems, accelerated aging, insulin regulation and changes in major
[02:31.480 --> 02:35.000]  organs and the gastrointestinal system.
[02:35.000 --> 02:37.880]  More and more doctors are prescribing GM free diets.
[02:37.880 --> 02:44.280]  Dr. Amy Dean, a Michigan internal medicine specialist and board member of AAEM says,
[02:44.280 --> 03:01.520]  I strongly recommend patients eat strictly non-genetically modified foods.
[03:01.520 --> 03:05.120]  You feel tired when talking about important topics like money and politics?
[03:05.120 --> 03:08.840]  Are you confused by words like the Constitution or the Federal Reserve?
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[03:09.840 --> 03:14.240]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[03:14.240 --> 03:19.240]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity
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[03:24.440 --> 03:26.520]  in America, the television.
[03:26.520 --> 03:31.560]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[03:35.320 --> 03:40.220]  from sports zombieism recover and because of Brave New Books, I now enjoy reading and
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[04:01.360 --> 04:09.040]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[04:09.040 --> 04:16.040]  Live free speech talk radio at it's best.
[04:39.160 --> 04:46.160]  What you gonna do?
[04:47.840 --> 04:54.840]  Bad Boys Bad Boys Bad Boys What you gonna do?
[04:55.200 --> 05:00.960]  When you were 8 and you had bad dreams You go to school and learn the golden rules
[05:00.960 --> 05:06.880]  So why are you acting like a bloody fool If you get hot, then you must get cool
[05:06.880 --> 05:11.360]  Bad boys, what you gonna do or what you gonna do when they come for you?
[05:11.980 --> 05:16.940]  Bad boys, bad boys what you gonna do or what you gonna do when they come for you.
[05:16.940 --> 05:19.920]  You talk it on that one, you talk it on this one,
[05:19.920 --> 05:22.700]  you talk it on your mother and you talk it on your father
[05:22.700 --> 05:25.700]  You talk it on your brother and you talk it on your sister
[05:25.700 --> 05:28.200]  you talk it on that one and you talk it on me.
[05:28.460 --> 05:33.340]  Bad boys, bad boys what you gonna do or what you gonna do when they come for you.
[05:33.920 --> 05:35.120]  Bad boys, bad boys,
[05:35.120 --> 05:36.160]  what you gonna do
[05:36.160 --> 05:38.560]  Whatcha gonna do when they come for you?
[05:38.560 --> 05:40.180]  Bad boys, bad boys
[05:40.180 --> 05:41.520]  Whatcha gonna do?
[05:41.600 --> 05:44.120]  Whatcha gonna do when they come for you?
[05:44.120 --> 05:45.780]  Bad boys, bad boys
[05:45.780 --> 05:47.020]  Whatcha gonna do?
[05:47.020 --> 05:49.760]  Whatcha gonna do when they come for you?
[05:49.760 --> 05:52.620]  Nobody'll give you no break
[05:52.620 --> 05:54.480]  Balloons now can be no break
[05:54.480 --> 05:57.260]  That dumb soldier ma' give you no break
[05:57.260 --> 06:00.000]  Now kids with your ID can now give you no break
[06:00.000 --> 06:00.760]  Hey, hey
[06:00.760 --> 06:02.100]  Bad boys, bad boys
[06:02.100 --> 06:03.600]  What chaînena do?
[06:03.600 --> 06:04.680]  What chaînena do?
[06:04.680 --> 06:13.100]  Come for you What are you going to do when they come for
[06:13.100 --> 06:14.100]  you?
[06:14.100 --> 06:20.920]  Bad boys, bad boys, bad boys All right bad boys, what are you going to
[06:20.920 --> 06:24.480]  do when they come for you?
[06:24.480 --> 06:29.760]  Randy Kelton, Deborah Stevens, Eddie Craig This is the rule of law
[06:29.760 --> 06:37.960]  Tonight, we are going to be giving a little taste of some of the information that you
[06:37.960 --> 06:40.820]  will hear at the seminar.
[06:40.820 --> 06:46.600]  We're going to talk about traffic issues, what laws are broken when they do certain
[06:46.600 --> 06:52.000]  things, when they make these kinds of mistakes that they make, and what kind of remedies
[06:52.000 --> 06:58.560]  we can implement, what kind of causes of action are created so that we can file lawsuits,
[06:58.560 --> 07:01.240]  what kind of criminal charges we can file.
[07:01.240 --> 07:06.400]  This is the kind of information and remedies that are going to be presented at the seminar.
[07:06.400 --> 07:08.960]  So we're going to go over a little bit of that tonight.
[07:08.960 --> 07:13.280]  We can't obviously go over everything to our show and also we're not going to give everything
[07:13.280 --> 07:18.440]  away either because then we need people to come to the seminar.
[07:18.440 --> 07:22.080]  So that's what we're going to start off with tonight so you can get a little taste of what
[07:22.080 --> 07:25.440]  kind of remedies we're going to be presenting at the seminar.
[07:25.440 --> 07:31.400]  So Randy, did you have some specifics you wanted to start off going over?
[07:31.400 --> 07:32.640]  Yes.
[07:32.640 --> 07:42.520]  You know, Eddie and I are working out these issues and you, for the most part, Eddie's
[07:42.520 --> 07:44.520]  coming up with the issues.
[07:44.520 --> 07:53.120]  I've come up with a few but I've had them for a while and in looking at what I'm doing
[07:53.120 --> 07:59.720]  and comparing it to what Eddie's doing, I got to thinking, we really need to look real
[07:59.720 --> 08:07.280]  close at what we're going to do and when.
[08:07.280 --> 08:14.760]  We bring up these issues and like Eddie brought one up Friday that was excellent, then the
[08:14.760 --> 08:21.480]  question becomes how do we address that issue and where and when do we address the issue.
[08:21.480 --> 08:28.240]  The one Eddie brought up was about the Texas Department of Public Safety, what they can
[08:28.240 --> 08:36.360]  enforce, when they can enforce it and against who and there were some very interesting issues
[08:36.360 --> 08:44.720]  that as I'm listening to it, I'm thinking, we can really put these guys on the dime.
[08:44.720 --> 08:51.240]  But then when I start looking at putting them on the dime, then the question becomes, okay,
[08:51.240 --> 08:57.560]  when do I pull this dime out and in what order do we address things and Eddie and I were
[08:57.560 --> 09:03.520]  talking about what we're going to do and Eddie mentioned the first thing to go after, subject
[09:03.520 --> 09:04.520]  matter jurisdiction.
[09:04.520 --> 09:11.080]  Yeah, subject matter jurisdiction first but what aspect of subject matter jurisdiction?
[09:11.080 --> 09:24.920]  Do we go after the fact that the traffic code only applies to commercial drivers or do we
[09:24.920 --> 09:31.600]  go after the fact that the officer, even if it did, committed acts that would render the
[09:31.600 --> 09:36.160]  court without subject matter jurisdiction.
[09:36.160 --> 09:39.760]  The fact that the prosecutor is not authorized to even be in the courtroom, I'm thinking
[09:39.760 --> 09:44.160]  about, okay, I'll raise the issue of subject matter jurisdiction, prosecutor is going to
[09:44.160 --> 09:50.360]  pop up and start blowing his mouth off and I'm going to, so I thought, well, when do
[09:50.360 --> 09:53.000]  we go after the prosecutor?
[09:53.000 --> 09:59.880]  I want him out of there early because I don't want him raising issues with the court.
[09:59.880 --> 10:04.840]  Well I have a, here's my thoughts on that kind of matter, we definitely need to adjudicate
[10:04.840 --> 10:08.680]  this right to travel issue.
[10:08.680 --> 10:12.080]  Somehow I'm a little bit concerned that if we just go and try to smash him over the head
[10:12.080 --> 10:16.760]  with that right away and, well, especially if that's our only strategy, I'm not sure
[10:16.760 --> 10:21.800]  how well that will work because they were painting these guys into a corner basically
[10:21.800 --> 10:27.720]  saying, you know, that, look, none of us need to have driver's licenses, none of us need
[10:27.720 --> 10:32.880]  to do any of this and it's all bogus because we're not engaged in any commercial activity
[10:32.880 --> 10:40.040]  and although that's absolutely true, we need to have some other strategies also in addition
[10:40.040 --> 10:44.840]  to that I think because they may just decide, well, you guys are right but we're not going
[10:44.840 --> 10:49.400]  to rule in your favor because if we do, then we're going to have to blow off all the driver's
[10:49.400 --> 10:51.520]  licenses in the whole state.
[10:51.520 --> 10:55.440]  You know, it's kind of like not leaving them any way out so to speak.
[10:55.440 --> 11:03.040]  Wait a minute, are you kidding, only issue, that's just the tip of a very large iceberg.
[11:03.040 --> 11:06.560]  Yeah, you need to try to count the freckles on a young redhead's face.
[11:06.560 --> 11:11.880]  Well, obviously that's not the only issue but the analogy that I'm trying to make here
[11:11.880 --> 11:20.040]  is regarding like strategies concerning Title 18 with Tony Davis.
[11:20.040 --> 11:26.160]  You know, he just hammered so hard on the point that Title 18 was never properly ratified
[11:26.160 --> 11:34.000]  and therefore every federal criminal conviction ever since that date, since Title 18 was improperly
[11:34.000 --> 11:40.040]  ratified, which it never was, that means he's asking the Supreme Court to throw out every
[11:40.040 --> 11:46.120]  federal conviction ever because of that which they should do but it's painting the court
[11:46.120 --> 11:47.800]  too much into a corner.
[11:47.800 --> 11:51.600]  And so that's kind of the analogy that I was making that if we're going to be asking the
[11:51.600 --> 11:57.640]  court to just throw everything out on everybody based on the fact that we have a right to
[11:57.640 --> 12:02.280]  travel and we shouldn't be having commercial licenses for going here, there and yonder
[12:02.280 --> 12:06.520]  anyway that it's going to be kind of the same thing, really pushing them into a corner on
[12:06.520 --> 12:07.520]  that issue.
[12:07.520 --> 12:09.960]  Do you understand what I'm saying here?
[12:09.960 --> 12:10.960]  Yes.
[12:10.960 --> 12:13.240]  Do you suggest that we not address the issue?
[12:13.240 --> 12:16.280]  No, I'm not saying not address the issue.
[12:16.280 --> 12:21.440]  I'm just saying maybe we need to find ways to try to get it adjudicated without like
[12:21.440 --> 12:25.520]  pushing them into a corner like a wild animal.
[12:25.520 --> 12:28.800]  This wasn't about how we're going to address the issue.
[12:28.800 --> 12:31.080]  This is about when do we address the issue.
[12:31.080 --> 12:33.640]  Yeah, that's exactly what I'm saying too.
[12:33.640 --> 12:34.920]  When do we get to it?
[12:34.920 --> 12:35.920]  Okay.
[12:35.920 --> 12:41.320]  Well, if I can jump in here, since we've already had the discussion over who is allowed to
[12:41.320 --> 12:48.840]  represent the state and in the courtroom to begin with, and there is a very high probability
[12:48.840 --> 12:54.640]  that the way the law is written, the city attorney does not qualify for that purpose,
[12:54.640 --> 13:00.000]  the very first thing that I would do is if I determine the identity of the prosecutor
[13:00.000 --> 13:07.120]  to be anyone other than the county attorney, is I follow rule 12 motion to show cause or
[13:07.120 --> 13:11.040]  to show authority rather.
[13:11.040 --> 13:16.240]  Because the attorney has no authority to be representing the state.
[13:16.240 --> 13:22.200]  If they are not the district attorney or the county attorney, and it's laid out very specifically
[13:22.200 --> 13:28.360]  within the code that the county attorney is to have jurisdiction in the courts below the
[13:28.360 --> 13:34.440]  level of district court, and the DA is district and above.
[13:34.440 --> 13:40.360]  Now either of them can appear at courts above their level on an appeal for any case which
[13:40.360 --> 13:44.360]  they adjudicated, okay?
[13:44.360 --> 13:50.720]  But within that court, if that attorney standing over there acting as a prosecutor is not either
[13:50.720 --> 13:56.320]  the DA or the county attorney, depending upon which court you're in, then the first thing
[13:56.320 --> 13:59.280]  is a rule 12 motion to show authority.
[13:59.280 --> 14:00.280]  Very first thing.
[14:00.280 --> 14:01.280]  Right.
[14:01.280 --> 14:08.800]  The Constitution very specifically delegated that authority, and they didn't say a thing
[14:08.800 --> 14:10.720]  about a city attorney.
[14:10.720 --> 14:17.200]  As a matter of fact, the municipal court is not even defined within the Constitution.
[14:17.200 --> 14:21.800]  Other courts created by law is all it addresses.
[14:21.800 --> 14:29.160]  But they were allowed, the legislature was allowed to create this court, but nothing
[14:29.160 --> 14:36.680]  in the legislature authorized them to create another position that didn't exist, and that
[14:36.680 --> 14:39.080]  is a municipal prosecutor.
[14:39.080 --> 14:40.080]  Right.
[14:40.080 --> 14:45.480]  And now that is also another aspect of something else that needs to be understood about judicial
[14:45.480 --> 14:49.240]  authority as granted by both constitutions.
[14:49.240 --> 14:54.040]  That is an Article III court versus an administrative court.
[14:54.040 --> 15:01.520]  An Article III court is the only court that has any criminal jurisdiction over the people.
[15:01.520 --> 15:09.040]  An administrative court by definition only works on its own administrative acts and procedures.
[15:09.040 --> 15:11.440]  Wait a minute, wait a minute.
[15:11.440 --> 15:15.360]  Are we mixing federal courts and state courts?
[15:15.360 --> 15:16.360]  No.
[15:16.360 --> 15:20.240]  The federal, the state court does exactly the same thing, Randy.
[15:20.240 --> 15:26.040]  If you'll look in the state Constitution, it tells you exactly what courts the state
[15:26.040 --> 15:27.040]  may have.
[15:27.040 --> 15:32.520]  Yes, so you're talking about, in the state it would be a constitutional court.
[15:32.520 --> 15:33.520]  Correct.
[15:33.520 --> 15:34.520]  On the service of the Constitution.
[15:34.520 --> 15:37.520]  It's called a constitutional county court.
[15:37.520 --> 15:39.280]  That's what it's called.
[15:39.280 --> 15:43.920]  And that's the way it is actually listed in the code, the constitutional county court.
[15:43.920 --> 15:50.320]  Now what the legislature, legislation has done is they have attempted to remove all
[15:50.320 --> 15:56.400]  criminal authority for particular types of charges out of the hands of the constitutional
[15:56.400 --> 15:58.280]  county court.
[15:58.280 --> 16:03.680]  When they are by definition the only valid court that has anything at all to do with
[16:03.680 --> 16:06.880]  authority over the people in those types of matters.
[16:06.880 --> 16:13.840]  Are not justices of the peace created by Constitution given specific authority?
[16:13.840 --> 16:16.340]  Yes they are, okay.
[16:16.340 --> 16:21.480]  But their authority by statute is limited to fine only offenses and certain types of
[16:21.480 --> 16:25.880]  civil actions in a JP court, all right.
[16:25.880 --> 16:34.480]  Now the district court assumes all responsibility for any type of prosecution that is above
[16:34.480 --> 16:40.920]  fine only or a certain period of incarceration or capital punishment, okay.
[16:40.920 --> 16:41.920]  District?
[16:41.920 --> 16:47.440]  Right, the criminal district court.
[16:47.440 --> 16:50.160]  That's where people are tried for murder, that's where they're tried for...
[16:50.160 --> 16:51.160]  Okay, okay.
[16:51.160 --> 16:54.800]  That's over the classification of misdemeanor.
[16:54.800 --> 17:02.840]  Right, well no, because the county court can hear misdemeanors that involve incarceration
[17:02.840 --> 17:05.200]  but not beyond I believe 180 days.
[17:05.200 --> 17:07.560]  Okay, I might have missed a term.
[17:07.560 --> 17:14.960]  You said the district court assumes responsibility for the larger scale crimes.
[17:14.960 --> 17:22.440]  Yes, so anything over misdemeanor and then the county court assumes for misdemeanor over
[17:22.440 --> 17:29.320]  any misdemeanor punishable by any period of incarceration.
[17:29.320 --> 17:30.640]  Beyond a certain limit.
[17:30.640 --> 17:35.360]  See here in Nacogdoches for instance, the county court down at the jail where the sheriff
[17:35.360 --> 17:41.280]  is, that is a constitutional county court that people put into the jail or taken before
[17:41.280 --> 17:44.260]  and arraigned and so on and so forth.
[17:44.260 --> 17:51.160]  That judge can also hear their case as long as that case is a certain type, just like
[17:51.160 --> 17:54.520]  a municipal court can only hear a case of a certain type.
[17:54.520 --> 18:00.280]  That type can include incarceration in that court up to a certain number of days but no
[18:00.280 --> 18:01.280]  longer.
[18:01.280 --> 18:08.040]  If the possibility of incarceration exceeds, I think the limit is 180 days, then the district
[18:08.040 --> 18:11.600]  court has jurisdiction, not the constitutional county.
[18:11.600 --> 18:14.600]  Then it becomes a felony.
[18:14.600 --> 18:17.360]  Class A misdemeanor is 180 days.
[18:17.360 --> 18:26.000]  So the county can hear all misdemeanors and the county can hear all misdemeanors.
[18:26.000 --> 18:27.000]  Correct.
[18:27.000 --> 18:31.800]  The justice of the peace can hear misdemeanors punishable by fine only.
[18:31.800 --> 18:32.800]  Correct.
[18:32.800 --> 18:39.320]  Is that our break music or are we skipping?
[18:39.320 --> 18:40.320]  No, that was my phone.
[18:40.320 --> 18:45.560]  Yeah, I was skipping break because Eddie was right in the middle of.
[18:45.560 --> 18:51.080]  Okay, but in any case, when that constitutional county court is taken out of the picture,
[18:51.080 --> 18:58.360]  we now have a, again, a district court is a legislatively created court from the Constitution
[18:58.360 --> 19:01.960]  but the legislature sets it up.
[19:01.960 --> 19:09.040]  The legislature grants it certain powers and jurisdictions but the judges for those courts
[19:09.040 --> 19:14.000]  are appointed in a completely different manner than what they're supposed to be for a constitutional
[19:14.000 --> 19:16.920]  county court.
[19:16.920 --> 19:21.080]  So there's a whole range of issues you can argue out there in that particular area and
[19:21.080 --> 19:24.880]  I don't want to digress into that too far but I just wanted to make some clarifications
[19:24.880 --> 19:26.240]  here over what's what.
[19:26.240 --> 19:32.680]  When we're dealing with the prosecutor, there are strict stipulations over who can represent
[19:32.680 --> 19:38.440]  the state and that is the attorney general in certain instances and at certain levels
[19:38.440 --> 19:44.000]  only, the county attorney below the level of district court and the district attorney from
[19:44.000 --> 19:51.240]  district court up on initial prosecutions.
[19:51.240 --> 19:57.380]  The county or the city attorney, according to the code, has jurisdiction to prosecute
[19:57.380 --> 20:05.840]  in a municipal court but absolutely nowhere is he addressed as an attorney for the state
[20:05.840 --> 20:11.600]  and it says in any of the instances where a complaint is filed, the attorney for the
[20:11.600 --> 20:14.600]  state must do the following.
[20:14.600 --> 20:19.840]  That eliminates the capability of the city attorney to be the attorney for the state
[20:19.840 --> 20:23.560]  because attorney for the state is defined in the code.
[20:23.560 --> 20:33.440]  Yeah, that was the point I wanted to get to is the Constitution very clearly stipulated
[20:33.440 --> 20:42.320]  who could prosecute, who could act as a prosecutor for the state and it can't be construed that
[20:42.320 --> 20:53.720]  the founders didn't anticipate the existence of city attorneys or that they didn't anticipate
[20:53.720 --> 21:00.380]  city attorneys prosecuting city ordinance violations.
[21:00.380 --> 21:06.560]  So the fact that they did not include city attorneys should be considered a deliberate
[21:06.560 --> 21:13.200]  act on the part, a deliberate omission on the part of the legislature and not an oversight.
[21:13.200 --> 21:14.720]  Correct.
[21:14.720 --> 21:17.080]  So when do we take that issue up?
[21:17.080 --> 21:21.760]  Okay, we take it with the rule 12 motion.
[21:21.760 --> 21:27.880]  When we go into court, the rule 12 motion is not heard first, jurisdiction is heard
[21:27.880 --> 21:36.760]  first and we're going to raise the issue of the commercial code not applying and when
[21:36.760 --> 21:43.880]  we do, the prosecutor is going to jump up and want to put his two cents worth in.
[21:43.880 --> 21:49.800]  So I would think that would be the time to address the rule 12.
[21:49.800 --> 21:56.440]  We will be able to address the rule 12 without giving up, without waiving any kind of jurisdiction.
[21:56.440 --> 22:00.320]  Right.
[22:00.320 --> 22:07.280]  So it looks like rule 12 first and I want to kind of get all the motions you file before
[22:07.280 --> 22:08.760]  you ever go to court.
[22:08.760 --> 22:14.000]  We'll have a whole list of standard motions, a whole stack of them.
[22:14.000 --> 22:19.320]  Yeah, what I'm trying to have is a comprehensive set of the motions for each of the events
[22:19.320 --> 22:24.600]  that's most likely to occur and of course there could be some unseen events such as
[22:24.600 --> 22:27.760]  the prosecutor doing, oh, well, we really don't want to prosecute this.
[22:27.760 --> 22:32.920]  I would like to dismiss all charges, thank you very much, in which case it doesn't matter.
[22:32.920 --> 22:38.680]  But what we want to do is to put the genie in the bottle, tie a big rope and rock around
[22:38.680 --> 22:43.480]  the bottle and go throw it in the ocean and they're going to be the genie if we can help
[22:43.480 --> 22:44.480]  it.
[22:44.480 --> 22:48.600]  So what I want to do is have the rule 12 motion already done up for the seminar.
[22:48.600 --> 22:53.400]  I want to have the subject matter jurisdiction of which there will be several different subject
[22:53.400 --> 22:58.200]  matter jurisdiction challenges right off the bat and we'll get into those shortly.
[22:58.200 --> 23:06.480]  Yeah, I have three that are about the three motions that go to disqualifying the police
[23:06.480 --> 23:14.800]  officer and what I need to get written up that I don't yet is a petition for co-warrant
[23:14.800 --> 23:25.840]  or removal of the police officer from his position because the 543-008 addresses that
[23:25.840 --> 23:33.880]  if an officer violates a provision of 543.005-007, he's guilty of misconduct and subject to removal
[23:33.880 --> 23:39.800]  from office so we're going to accuse him of violating 006 and ask that he be removed from
[23:39.800 --> 23:50.400]  office, that would be a hoot, and also disqualify him for crimes and move to dismiss because
[23:50.400 --> 23:56.400]  the court is not allowed to consider evidence secured in violation of law, that's 3823.
[23:56.400 --> 24:01.160]  Okay, well now at that point, Randy, when you start talking about doing the petition
[24:01.160 --> 24:06.440]  for the removal of the officer, prior to this point, what I would have done was I would
[24:06.440 --> 24:13.480]  also have put in a request for admissions from the officer stating exactly what the
[24:13.480 --> 24:18.680]  violations were but through his admissions, that made him guilty of the misconduct in
[24:18.680 --> 24:19.680]  office.
[24:19.680 --> 24:25.880]  You can't do admissions in criminal, you don't get discovery in Class C. So what we'd
[24:25.880 --> 24:26.880]  do is...
[24:26.880 --> 24:31.820]  Ah, but Ken brought up an excellent point, Randy, they're not defining it as a class
[24:31.820 --> 24:38.600]  anything, they're defining it simply as a misdemeanor, they're not assigning it a class.
[24:38.600 --> 24:47.280]  In the transportation code, some violations are designated as Class C misdemeanors, some
[24:47.280 --> 24:50.000]  are designated just misdemeanors.
[24:50.000 --> 24:51.000]  Correct.
[24:51.000 --> 25:00.680]  However, we don't even need to get there yet because they have to get past the officer
[25:00.680 --> 25:04.880]  being able to produce evidence and actually those were just my emotions and they're a
[25:04.880 --> 25:07.960]  step or two down the line.
[25:07.960 --> 25:17.120]  First, we address whether the transportation code applies and if we do this methodically,
[25:17.120 --> 25:24.320]  the court will recognize that we're just setting these guys up to move on past them.
[25:24.320 --> 25:30.920]  We raise the issue in the court, thereby we don't waive the issue and they'll know we're
[25:30.920 --> 25:38.320]  setting this all up to bring them into a higher court so we can get all this adjudicated.
[25:38.320 --> 25:47.640]  So we start out with whether or not the transportation code applies to a traveler and when the prosecutor
[25:47.640 --> 26:01.240]  tries to argue for the state, we move to Rule 12 to disqualify the prosecutor.
[26:01.240 --> 26:06.080]  Then Ken's writing down Mother Hubbard motion.
[26:06.080 --> 26:11.880]  Well, if I may, there's another thing that we may wish to consider here and that is getting
[26:11.880 --> 26:17.720]  it dumped out of the JP or the municipal court immediately.
[26:17.720 --> 26:23.200]  Have it moved to a court of actual record.
[26:23.200 --> 26:30.960]  That was one of the motions, one of the standard motions is if it's a municipal court, most
[26:30.960 --> 26:37.160]  of the municipal courts now are courts of record and one of the motions I wanted to
[26:37.160 --> 26:44.880] ... I've got a motion that requests a court reporter.
[26:44.880 --> 26:49.760]  Even in a court of record, if you don't request a court reporter, they can dispense with it.
[26:49.760 --> 26:57.480]  So I was wanting to put together a motion to request a court reporter even in a court
[26:57.480 --> 27:02.520]  that was not a court of record and they'll tell you that it's not a court of record and
[27:02.520 --> 27:04.160]  you can tell them, well, that's okay.
[27:04.160 --> 27:10.360]  I still want a court reporter and they'll deny that and in the alternative, I want to
[27:10.360 --> 27:17.680]  record the proceedings and get them to deny that.
[27:17.680 --> 27:22.720]  You object, they overrule your objection, let the record reflect.
[27:22.720 --> 27:28.040]  Oh, there is no record.
[27:28.040 --> 27:29.040]  This is the problem.
[27:29.040 --> 27:36.120]  I'd like to highlight that problem when we ask for a record of the court, but that's
[27:36.120 --> 27:37.680]  one of the others we'll get to.
[27:37.680 --> 27:39.080]  Okay, we start out with...
[27:39.080 --> 27:44.280]  Well, Eddie's saying to get it out of those courts to begin with if there's a problem
[27:44.280 --> 27:45.280]  with that.
[27:45.280 --> 27:46.280]  How do you do that?
[27:46.280 --> 27:49.880]  All right, here's the basis of what I understand this works as.
[27:49.880 --> 27:56.520]  In Texas, an appeal from a JP or municipal court over a traffic offense is a trial de
[27:56.520 --> 28:01.400]  novo, a do over, as if the first trial never occurred.
[28:01.400 --> 28:06.040]  I have actually had court clerks come in when I file my motion to dismiss for like a subject
[28:06.040 --> 28:07.040]  matter jurisdiction.
[28:07.040 --> 28:10.760]  I've had the clerk say, oh, you just want to move this to a higher court.
[28:10.760 --> 28:15.680]  No, I want this court to go back to its little mushroom closet and leave me alone because
[28:15.680 --> 28:17.140]  it has no jurisdiction.
[28:17.140 --> 28:18.560]  That's what I want.
[28:18.560 --> 28:25.480]  Okay, there's a slight misunderstanding there.
[28:25.480 --> 28:34.080]  Trial de novo, it does not forget that the original trial was held.
[28:34.080 --> 28:40.400]  It's merely trial de novo for the purpose of perfecting your appeal.
[28:40.400 --> 28:46.600]  Any improprieties that occurred in the original hearing, they don't get swept away because
[28:46.600 --> 28:48.480]  you file an appeal.
[28:48.480 --> 28:51.360]  Ah, but you see, you're right.
[28:51.360 --> 28:56.800]  That's what the law requires, but you're wrong and that's what they're doing because I have
[28:56.800 --> 29:01.800]  gone through both cases and I have watched the county court rehear a traffic case that
[29:01.800 --> 29:08.560]  was a trial de novo and flat told the defendant that nothing that occurred in the previous
[29:08.560 --> 29:11.400]  trial was relevant and it would not be used.
[29:11.400 --> 29:15.600]  This trial was going to be treated trial de novo as if it was just now starting for the
[29:15.600 --> 29:16.600]  first time.
[29:16.600 --> 29:22.040]  Then you ask the judge to stand down from the bench.
[29:22.040 --> 29:23.040]  Did that too.
[29:23.040 --> 29:28.800]  I almost got myself thrown out of the courtroom and I wasn't even the defendant.
[29:28.800 --> 29:34.560]  Well, all we do is follow the thunder.
[29:34.560 --> 29:37.640]  They do what they do and then we take them on for it.
[29:37.640 --> 29:38.640]  Yeah.
[29:38.640 --> 29:39.640]  Okay.
[29:39.640 --> 29:40.640]  Well, listen, we're going to break, guys.
[29:40.640 --> 29:42.840]  We're going to go into this a little bit more.
[29:42.840 --> 29:48.720]  I like the fact that we're putting together a clear plan ahead of time so that we don't
[29:48.720 --> 29:51.840]  just have to react when we get in those situations.
[29:51.840 --> 29:53.760]  We'll be right back.
[29:53.760 --> 29:58.760]  This is the rule of law.
[29:58.760 --> 30:02.760]  Gold prices are at historic highs and with the recent pullback, this is a great time
[30:02.760 --> 30:03.760]  to buy.
[30:03.760 --> 30:08.280]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability
[30:08.280 --> 30:11.840]  in rural financial systems, I see gold going up much higher.
[30:11.840 --> 30:15.160]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:15.160 --> 30:19.320]  Everybody should have some of their assets in investment grade, precious metals and Roberts
[30:19.320 --> 30:20.320]  and Roberts brokerage.
[30:20.320 --> 30:24.600]  You can buy gold, silver and platinum with confidence from a brokerage that specialized
[30:24.600 --> 30:27.840]  in the precious metals market since 1977.
[30:27.840 --> 30:31.600]  If you are new to precious metals, we will happily provide you with the information you
[30:31.600 --> 30:36.040]  need to make an informed decision whether or not you choose to purchase from us.
[30:36.040 --> 30:40.320]  Also, Roberts and Roberts brokerage values your privacy and will always advise you in
[30:40.320 --> 30:43.720]  the event that we would be required to report any transaction.
[30:43.720 --> 30:47.840]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate
[30:47.840 --> 30:48.840]  payment.
[30:48.840 --> 30:52.600]  Call us at 800-874-9760.
[30:52.600 --> 30:57.600]  We're Roberts and Roberts brokerage, 800-874-9760.
[30:57.600 --> 31:26.600]  Thank you very much for joining us and we'll see you next time on Roberts Brokerage.
[31:26.600 --> 31:27.600]  We're back.
[31:27.600 --> 31:32.560]  The rule of law, Rainy Kelton, Deborah Stevens, Eddie Craig.
[31:32.560 --> 31:40.720]  We're discussing strategies here and remedies for traffic tickets, traffic problems.
[31:40.720 --> 31:46.080]  And we're doing the brainstorming here, following the thunder ahead of time so we're not put
[31:46.080 --> 31:52.080]  in that position in the courthouse because that can typically not work out too well.
[31:52.080 --> 31:55.360]  Good to have a plan of action ahead of time.
[31:55.360 --> 32:00.400]  Okay, so Eddie, you had a couple of things that you wanted to lay out for us here.
[32:00.400 --> 32:03.440]  And callers, we'll start taking your calls at the top of the hour.
[32:03.440 --> 32:08.880]  We see Sam, Rick and George on the board and we will take your calls starting at nine in
[32:08.880 --> 32:09.880]  the second hour.
[32:09.880 --> 32:10.880]  So go ahead, Eddie.
[32:10.880 --> 32:15.760]  Well, I was going to ask, we asked Randy and say, okay, we've come up with the following
[32:15.760 --> 32:16.760]  points to do.
[32:16.760 --> 32:19.360]  Which steps first so far, Randy?
[32:19.360 --> 32:26.520]  Okay, first thing we do is obviously maintain that the court has no subject matter jurisdiction
[32:26.520 --> 32:34.200]  because the particular law at issue doesn't apply in this particular case.
[32:34.200 --> 32:38.160]  And that's, we don't argue the right to travel.
[32:38.160 --> 32:41.400]  We haven't got there yet.
[32:41.400 --> 32:50.640]  First they would have to show that the traffic, that the transportation code applies to us
[32:50.640 --> 32:53.360]  in our particular situation.
[32:53.360 --> 33:01.480]  And now in submitting that motion for dismissal for lack of subject matter jurisdiction, what
[33:01.480 --> 33:07.400]  are we going to use for supporting information to try to ensure the court's proper attention
[33:07.400 --> 33:10.320]  and application?
[33:10.320 --> 33:15.440]  Your arguments, your, the first thing, definitions.
[33:15.440 --> 33:25.760]  Definition of a driver, definition of an automobile, person, an application of the code.
[33:25.760 --> 33:34.080]  Then if it's a DPS officer, then we go to authority of the DPS officer.
[33:34.080 --> 33:35.080]  Or even if it's not.
[33:35.080 --> 33:42.120]  Yes, there were some really interesting issues on there on who could enforce the traffic
[33:42.120 --> 33:45.800]  code.
[33:45.800 --> 33:53.560]  From the administrative code about when a sheriff's department, if I remember that right,
[33:53.560 --> 33:58.700]  there was nothing in there allowing municipalities to enforce the traffic code.
[33:58.700 --> 34:05.160]  Only specific officers, and only if the municipality had a specific type of population located
[34:05.160 --> 34:10.760]  within a specific area, and that was all.
[34:10.760 --> 34:17.920]  So we need to raise, to prepare a motion, you know, depending on the jurisdiction.
[34:17.920 --> 34:26.720]  And to that effect, and as far as I know, none of the jurisdictions have special training.
[34:26.720 --> 34:36.960]  What they all think is that they have officers that are trained, but they consider them DOT
[34:36.960 --> 34:38.360]  officers.
[34:38.360 --> 34:47.560]  And they think that someone who's driving falls under something else other than DOT,
[34:47.560 --> 34:50.560]  Department of Transportation.
[34:50.560 --> 34:56.520]  And what the law clearly demonstrates is, is no, they don't.
[34:56.520 --> 35:02.400]  There's not a separate set of rules for a person who's under DOT and who's not under
[35:02.400 --> 35:03.400]  DOT.
[35:03.400 --> 35:05.080]  If you're under DOT, you're commercial.
[35:05.080 --> 35:10.760]  If you're not commercial, you're not under the traffic laws at all, and that's the argument
[35:10.760 --> 35:13.080]  we make.
[35:13.080 --> 35:20.560]  So under subject matter jurisdiction first, application of the code second, and we have
[35:20.560 --> 35:24.880]  a number of issues to argue on application of the code.
[35:24.880 --> 35:32.480]  We will do the motion, and we will do a supporting judicial notice that basically states the
[35:32.480 --> 35:36.280]  same thing as the motion.
[35:36.280 --> 35:42.240]  Now our motion, if I'm understanding what we discussed earlier, would need to contain
[35:42.240 --> 35:50.400]  something regarding that should the motion be denied, that we demand findings of fact
[35:50.400 --> 35:56.000]  and conclusions of law by the judge for the denial.
[35:56.000 --> 35:57.680]  Randy?
[35:57.680 --> 36:03.520]  I hope that didn't suck it.
[36:03.520 --> 36:05.240]  I was wondering if we had lost Randy.
[36:05.240 --> 36:08.840]  I heard some kind of scuffling and- Yeah, I thought maybe he'd fallen on his head
[36:08.840 --> 36:09.840]  or something.
[36:09.840 --> 36:10.840]  Yeah.
[36:10.840 --> 36:16.720]  I've got too many pages, too many things going up on this computer, having to dig through
[36:16.720 --> 36:22.440]  them to refine the mute button.
[36:22.440 --> 36:23.440]  Where were we?
[36:23.440 --> 36:30.240]  Well, I was saying that on that motion that you're talking about addressing the specificities
[36:30.240 --> 36:35.640]  that we also need to include that if the motion is denied that we need a finding of facts
[36:35.640 --> 36:38.160]  and conclusion of law from the judge.
[36:38.160 --> 36:42.480]  So we need whatever paperwork to accompany this that ensures that we get that.
[36:42.480 --> 36:43.480]  Okay.
[36:43.480 --> 36:51.840]  I just made up one today and sent it out to someone in Hayes County.
[36:51.840 --> 36:58.520]  What it is, is a demand for findings of fact and conclusions of law.
[36:58.520 --> 37:09.560]  In this, I maintain that in order for the defendant to perfect his right to appeal,
[37:09.560 --> 37:17.880]  he needs to know what the facts the judge ruled on for each particular ruling and specifically
[37:17.880 --> 37:25.960]  what law and what case law he applied to those facts as the court may only apply the law
[37:25.960 --> 37:28.520]  to the facts developed in the case.
[37:28.520 --> 37:34.000]  In order to protect our right to appeal, I need to know what those are so I can prepare
[37:34.000 --> 37:37.880]  an appeal based on the law he used.
[37:37.880 --> 37:48.600]  So I demand that the judge state the fact on which he renders an order, the statutory
[37:48.600 --> 37:56.160]  law and the case law on which he bases his decision for each determination made in the
[37:56.160 --> 38:01.600]  court to include but not be limited to the following.
[38:01.600 --> 38:04.800]  And then I make a list of each issue we bring up.
[38:04.800 --> 38:12.120]  Now, you can't do the admissions in a criminal action.
[38:12.120 --> 38:21.760]  This has the effect of bringing those things you would create through admissions, you bring
[38:21.760 --> 38:24.580]  them on the court record this way.
[38:24.580 --> 38:34.520]  You bring them before the court and it's similar to a judicial notice and Eddie already talked
[38:34.520 --> 38:43.120]  about judicial notice, we'll do judicial notice, notice the court of the standing law and notice
[38:43.120 --> 38:51.160]  the court of incontrovertible or uncontested facts and the uncontested facts will be sufficient
[38:51.160 --> 38:53.360]  to get us where we need to be.
[38:53.360 --> 38:57.400]  So these are not things at issue that will be at issue for the court.
[38:57.400 --> 39:01.080]  Now don't confuse request for admissions with discovery.
[39:01.080 --> 39:04.440]  You can do discovery in this case.
[39:04.440 --> 39:07.100]  Not in class C misdemeanor.
[39:07.100 --> 39:12.040]  If they are attempting to produce evidence against you, oh yes you can because it's still
[39:12.040 --> 39:16.040]  a criminal case and you're entitled to see the evidence against you.
[39:16.040 --> 39:17.680]  Special statute.
[39:17.680 --> 39:22.400]  Special statute won't apply because it specifically states that if a recording of a statement
[39:22.400 --> 39:28.080]  is made or a statement is made and it recorded in any manner by the officer and that statement
[39:28.080 --> 39:33.100]  or a copy of that recording is not provided to the defendant at least 20 days prior to
[39:33.100 --> 39:40.000]  trial, that statement and any recording containing that statement may not be used in the case.
[39:40.000 --> 39:42.400]  They have to produce this information to you.
[39:42.400 --> 39:46.400]  Yeah, but we can't get to that yet.
[39:46.400 --> 39:53.440]  We can't get to that unless we get into the trial because we would have to establish foundation
[39:53.440 --> 39:57.100]  to address the fact.
[39:57.100 --> 40:08.200]  We would have to ask the officer if he made any recordings and he would have to say yes.
[40:08.200 --> 40:12.820]  What recordings did you make?
[40:12.820 --> 40:16.280]  Did you provide those recordings to the prosecuting attorney?
[40:16.280 --> 40:20.320]  He says yes.
[40:20.320 --> 40:27.240]  Then you object to it, then you want to ask him what information was included in those
[40:27.240 --> 40:35.840]  recordings and you can ask him for the substantive content and not the particulars.
[40:35.840 --> 40:36.840]  Yeah.
[40:36.840 --> 40:41.920]  Right, but what I was getting at is this recording is addressed specifically under the section
[40:41.920 --> 40:44.000]  when statements may be used.
[40:44.000 --> 40:47.400]  It's not talking about when recording but when statements may be used.
[40:47.400 --> 40:49.520]  That's where I'm going to.
[40:49.520 --> 40:54.200]  You're asking for the substantive content of those recordings.
[40:54.200 --> 40:56.800]  Did you record the entire encounter?
[40:56.800 --> 41:04.640]  If he says yes, then you turn to the court and ask that all his evidence be stricken
[41:04.640 --> 41:11.960]  because you didn't receive the recording 20 days before the hearing.
[41:11.960 --> 41:14.960]  First you have to get foundation.
[41:14.960 --> 41:21.600]  You get the officer to testify that this evidence was within the recording.
[41:21.600 --> 41:25.000]  Now you can move to strike it.
[41:25.000 --> 41:30.280]  In all honesty, I don't know why you could not approach the citation itself the same
[41:30.280 --> 41:31.280]  way.
[41:31.280 --> 41:45.280]  Okay, it's a recording but in the way the term recording is used, do they actually say
[41:45.280 --> 41:47.400]  recording or do they say electronic recording?
[41:47.400 --> 41:48.400]  No.
[41:48.400 --> 41:49.400]  Any statement.
[41:49.400 --> 41:53.520]  Now remember what you sign at the bottom, I promise to appear blah, blah, blah on such
[41:53.520 --> 41:57.160]  a date at such and time or on or before such a date at such and time.
[41:57.160 --> 42:01.120]  That's a statement and you are required to sign it.
[42:01.120 --> 42:03.160]  They're going to use that statement against you.
[42:03.160 --> 42:08.240]  But if you're already in court, it's moot because you have appeared it becomes moot
[42:08.240 --> 42:09.240]  makes no difference.
[42:09.240 --> 42:10.240]  Okay.
[42:10.240 --> 42:17.240]  But the thing is about the citation, he's got no proof he issued a citation is my point.
[42:17.240 --> 42:23.960]  But he's got a dash cam which you're not going to allow him to use.
[42:23.960 --> 42:34.760]  Well, here's the thing, he's got a dash cam pointing at it when he's talking to you.
[42:34.760 --> 42:42.400]  He can't use anything other than the fact that he, you know, he can say that I guess
[42:42.400 --> 42:49.840]  he could say he saw you but if he had a dash cam on at the time he recorded you that he
[42:49.840 --> 42:58.280]  clocked you or generally if they The dash cam initiates when the lights initiate.
[42:58.280 --> 43:00.800]  That's what I was thinking.
[43:00.800 --> 43:05.080]  So we might not be able to back up far enough but we can get back to that in another place.
[43:05.080 --> 43:09.480]  And the point about the recording is we couldn't object to the recording until we established
[43:09.480 --> 43:14.160]  standing and I'm sorry not standing foundation.
[43:14.160 --> 43:17.760]  So we don't get to that early on we'll get to that later if we get to merits.
[43:17.760 --> 43:23.440]  All right, well then let's back up then and say at this point we're challenging jurisdiction
[43:23.440 --> 43:25.800]  first and foremost.
[43:25.800 --> 43:33.560]  We are accompanying our challenging jurisdiction of jurisdiction with our judicial notice.
[43:33.560 --> 43:35.480]  And what else?
[43:35.480 --> 43:44.400]  We want to see if the officer has the training required by Texas Administrative Code.
[43:44.400 --> 43:46.000]  Correct.
[43:46.000 --> 43:50.960]  The two certifications and the correct number of inspections for his duties to receive those
[43:50.960 --> 43:55.000]  certifications as the Administrative Code requires.
[43:55.000 --> 44:03.200]  And actually before we get to that we want to test whether or not this particular jurisdiction
[44:03.200 --> 44:06.480]  fits within the strict requirements of the code.
[44:06.480 --> 44:07.480]  Correct.
[44:07.480 --> 44:10.920]  Which will be city or county population and location.
[44:10.920 --> 44:11.920]  Yes.
[44:11.920 --> 44:15.760]  Oh, this is going to be so much fun.
[44:15.760 --> 44:19.680]  Now while we're on that note let me bring up the information that I talked to you about
[44:19.680 --> 44:20.680]  earlier today.
[44:20.680 --> 44:23.280]  Our listeners I know will love this.
[44:23.280 --> 44:29.520]  Okay, you've heard me speak before about Chapter 521 where it deals with the occupational license
[44:29.520 --> 44:34.240]  and the fact that the occupational license by definition in all of the three places in
[44:34.240 --> 44:41.560]  Texas codes where it's contained is a license to conduct or engage in a business.
[44:41.560 --> 44:48.440]  While it would seem that certain lawyers in Texas think that 521 applies in another way
[44:48.440 --> 44:52.960]  despite what this information contains within the code itself.
[44:52.960 --> 44:58.120]  And this is a piece of documentation that I found today while looking for some template
[44:58.120 --> 45:01.240]  work for a divorce proceeding for a friend of mine.
[45:01.240 --> 45:07.000]  And I came across this document and it is called the ODL, the Occupational Drivers License
[45:07.000 --> 45:08.000]  Package.
[45:08.000 --> 45:13.280]  And it states if your license was suspended but you need to drive you can ask the court
[45:13.280 --> 45:20.040]  for occupational driver's license if you do not have access to public transportation and
[45:20.040 --> 45:24.520]  you need to drive to work or school for essential household duties.
[45:24.520 --> 45:30.040]  An occupational driver's license, ODL, is a restricted license that lets you drive at
[45:30.040 --> 45:36.640]  certain times on specific days under certain conditions, see Texas Transportation Code
[45:36.640 --> 45:39.040]  Chapter 521 and 601.
[45:39.040 --> 45:47.480]  Now 521 is where the occupational license is defined, 601 is Motor Vehicle Responsibility
[45:47.480 --> 45:50.360]  Act which is insurance, okay.
[45:50.360 --> 45:53.560]  Now how do I ask for an occupational driver's license?
[45:53.560 --> 45:59.720]  Fill out these forms, petition for occupational driver's license and occupational driver's
[45:59.720 --> 46:01.460]  license order.
[46:01.460 --> 46:06.080]  The petition asks you to explain why you have an essential need to drive.
[46:06.080 --> 46:11.960]  This means you drive, you need to drive to do your job, get to and from work or school
[46:11.960 --> 46:15.280]  or do essential household duties.
[46:15.280 --> 46:17.560]  Where do I take my completed forms?
[46:17.560 --> 46:22.400]  If your license was suspended because of a DUI conviction, take your petition to the
[46:22.400 --> 46:24.880]  clerk in the same county where you were convicted.
[46:24.880 --> 46:27.700]  Do not sign it until you're in front of the notary.
[46:27.700 --> 46:31.840]  If your license was not suspended because of a DUI, file the petition at the county
[46:31.840 --> 46:36.400]  clerk's office or the district clerk's office in the county where you live or where your
[46:36.400 --> 46:38.480]  license was suspended.
[46:38.480 --> 46:42.560]  Can anyone get an occupational driver's license?
[46:42.560 --> 46:48.840]  No, you cannot get an ODL if your license was suspended because of a mental or physical
[46:48.840 --> 46:55.600]  disability, you needed to drive a commercial motor vehicle or the judge thinks you do not
[46:55.600 --> 46:59.920]  have an essential need or is worried about public safety.
[46:59.920 --> 47:02.000]  Do I have to go to a court hearing?
[47:02.000 --> 47:07.040]  Yes, you must go to your hearing and explain why you have an essential need to drive.
[47:07.040 --> 47:12.000]  You must also take a certified copy of your driving record from the Texas Department of
[47:12.000 --> 47:13.320]  Public Safety.
[47:13.320 --> 47:17.920]  The judge may ask you why public transportation and getting rides from friends and relatives
[47:17.920 --> 47:20.280]  does not meet your needs.
[47:20.280 --> 47:22.480]  Will the state have a lawyer against me?
[47:22.480 --> 47:28.640]  Yes, if your license was suspended because of a criminal homicide, DUI, intoxication
[47:28.640 --> 47:34.920]  assault, intoxication manslaughter or you were under 21 and your license was suspended
[47:34.920 --> 47:41.560]  according to Texas transportation code 521.342, the state lawyer may try to convince the judge
[47:41.560 --> 47:43.460]  to not give you a license.
[47:43.460 --> 47:49.280]  The judge will listen to both sides and make a decision.
[47:49.280 --> 47:50.960]  What should I take to my court hearing?
[47:50.960 --> 47:53.200]  Fill out the order and take it with you to your hearing.
[47:53.200 --> 47:57.680]  If the judge does not sign the order, you will not get an occupational driver's license.
[47:57.680 --> 48:02.920]  Warning, you must follow the judge's restrictions or you will lose your occupational driver's
[48:02.920 --> 48:05.440]  license and face criminal charges.
[48:05.440 --> 48:11.720]  If the judge decides to let you drive, she or he will sign the order and mark the restrictions.
[48:11.720 --> 48:16.440]  Now, if I'm understanding this correctly, this is the only driver's license issued by
[48:16.440 --> 48:20.280]  a sitting judge.
[48:20.280 --> 48:22.560]  It's not issued by the Department of Transportation.
[48:22.560 --> 48:27.960]  It's issued by a judge after you have lost your driver's license.
[48:27.960 --> 48:31.160]  Now, this is an obviously moron statement.
[48:31.160 --> 48:38.320]  Wait, is there anywhere else in the code that addresses the issuance of a driver's license?
[48:38.320 --> 48:39.320]  Absolutely none.
[48:39.320 --> 48:45.640]  Chapter 521 and 522 are the only places in all of Texas law where driver's licenses are
[48:45.640 --> 48:47.200]  issued.
[48:47.200 --> 48:52.000]  The only other section deals with classifications of driver's license.
[48:52.000 --> 48:54.920]  So here is my thought on this.
[48:54.920 --> 48:59.880]  Chapter 522 deals with the commercial driver's license, in other words, the license you need
[48:59.880 --> 49:10.000]  to operate 15 or more paying passengers with the driver and in excess of 26,001 pounds
[49:10.000 --> 49:13.480]  carrying capacity or gross weight.
[49:13.480 --> 49:15.440]  That's a CDL license requirement.
[49:15.440 --> 49:20.320]  The occupational driver's license, according to what we're reading here, can only be issued
[49:20.320 --> 49:25.440]  if you have lost your other license due to a DUI or whatever.
[49:25.440 --> 49:32.520]  So that means the only license the Department of Transportation by law can issue directly
[49:32.520 --> 49:36.360]  to the people would be a CDL.
[49:36.360 --> 49:41.920]  And then the only way to get an occupational license would be if your CDL was revoked due
[49:41.920 --> 49:49.560]  to one of these conditions and a judge must sign an order to issue that.
[49:49.560 --> 49:55.840]  That is the only conclusion this piece of information can give us based upon what the
[49:55.840 --> 49:56.840]  statutes say.
[49:56.840 --> 50:04.720]  And we must consider the statutes in paramateria as if they all fit together as one homogenous
[50:04.720 --> 50:06.720]  piece.
[50:06.720 --> 50:08.760]  Correct.
[50:08.760 --> 50:14.080]  And it also states further down in Chapter 522 or maybe 523, but I'm pretty sure it's
[50:14.080 --> 50:22.280]  the bottom of 522, that the Department may issue commercial driver's licenses and then
[50:22.280 --> 50:31.280]  it breaks those commercial licenses into classifications, Class A, B, C, D, M, whatever.
[50:31.280 --> 50:42.320]  So if the only license the Department can issue is a commercial license, they're stuck
[50:42.320 --> 50:49.520]  between that declaration and this information stating what an occupational license is and
[50:49.520 --> 50:55.400]  the only time it can be issued, the only driver's license left to be issued is a commercial
[50:55.400 --> 50:57.680]  driver's license CDL.
[50:57.680 --> 50:58.680]  I have a question.
[50:58.680 --> 51:01.760]  Ask too if it will make you feel better.
[51:01.760 --> 51:17.120]  There are some 14.5 million licensed drivers in Texas and probably 20 million corrupt attorneys.
[51:17.120 --> 51:21.120]  Maybe not that many.
[51:21.120 --> 51:23.960]  Are you the only person that's ever come up with this?
[51:23.960 --> 51:28.080]  How can you be the only person to ever figure this out?
[51:28.080 --> 51:30.080]  That part I don't know.
[51:30.080 --> 51:35.800]  Because he's probably the only one who ever read through the code.
[51:35.800 --> 51:40.800]  Yeah, I'm probably the only one that's actually gotten on the radio and told everybody about
[51:40.800 --> 51:41.800]  it.
[51:41.800 --> 51:48.000]  I brought this question up because when I went through due process and looked at what
[51:48.000 --> 51:53.320]  they were doing and read the code and thought I must have stepped through the looking glass,
[51:53.320 --> 51:57.680]  I thought the same thing.
[51:57.680 --> 52:00.000]  Could I have missed something here?
[52:00.000 --> 52:03.920]  How could I be the only one to figure that out?
[52:03.920 --> 52:12.440]  After some 30 years, it's clear nobody else bothered.
[52:12.440 --> 52:17.880]  What Eddie has worked out here is remarkable.
[52:17.880 --> 52:25.120]  We are going to give them a fit when we get this put together.
[52:25.120 --> 52:30.680]  I assure you folks, this is one seminar that's going to be worth the trouble, the time and
[52:30.680 --> 52:36.200]  money to come to.
[52:36.200 --> 52:40.480]  If you don't take advantage of this information to put them in their proper place, then you're
[52:40.480 --> 52:47.680]  not really trying because if we're going to hold them accountable to the rule of law,
[52:47.680 --> 52:49.920]  this is law they must use.
[52:49.920 --> 52:56.640]  For any judge to sit on a bench and say the law does not apply, in any common sense application
[52:56.640 --> 52:59.520]  of the word, that judge is committing treason.
[52:59.520 --> 53:00.520]  Okay.
[53:00.520 --> 53:06.160]  We're going to go to callers after the top of the hour.
[53:06.160 --> 53:13.400]  There is one thing I would like to address that we haven't that is a concern.
[53:13.400 --> 53:19.160]  In a classy misdemeanor, you can appeal trial de novo to the county court, but the county
[53:19.160 --> 53:25.920]  court is the court of last resort.
[53:25.920 --> 53:33.160]  The county courts are generally just as corrupt as the municipal.
[53:33.160 --> 53:42.160]  How do we nail the court in a way that creates an issue we can bring to a higher court?
[53:42.160 --> 53:47.040]  Well, now, here's the only problem I have with that, Randy.
[53:47.040 --> 53:51.720]  That would be saying, in effect, if the county court is the court of last resort, that they
[53:51.720 --> 53:59.200]  have effectively barred the process of appeals all the way to the state Supreme Court in
[53:59.200 --> 54:01.400]  only specific certain cases.
[54:01.400 --> 54:04.240]  It's exactly what they've done.
[54:04.240 --> 54:05.440]  All right.
[54:05.440 --> 54:11.800]  And there is no way that can be a constitutional application of the law.
[54:11.800 --> 54:13.800]  That's true.
[54:13.800 --> 54:18.080]  But until we can get that overturned, it's a hurdle we have to jump over.
[54:18.080 --> 54:24.880]  Well, the first thing I would say is right off the bat is the county court is a court
[54:24.880 --> 54:25.920]  of record.
[54:25.920 --> 54:27.240]  They have clerks.
[54:27.240 --> 54:28.920]  They have court reporters.
[54:28.920 --> 54:31.440]  They're always there.
[54:31.440 --> 54:33.080]  They have to be.
[54:33.080 --> 54:37.280]  So that's the first thing is make the record, as Dr. Graves would say.
[54:37.280 --> 54:39.080]  Make the record.
[54:39.080 --> 54:40.320]  Exactly.
[54:40.320 --> 54:46.000]  What we've been talking about here this first hour is making the record.
[54:46.000 --> 54:51.120]  Every single issue we can find and bring before the court that applies, we bring it before
[54:51.120 --> 54:53.240]  the court and make the record.
[54:53.240 --> 54:54.240]  Yeah.
[54:54.240 --> 54:59.720]  And I have a suggestion, too, about getting around this hurdle of the county court.
[54:59.720 --> 55:00.720]  OK.
[55:00.720 --> 55:05.480]  This all has, from what I'm understanding, this all has to do with the traffic ticket
[55:05.480 --> 55:07.480]  case itself.
[55:07.480 --> 55:14.400]  Start about finding the causes of action and filing lawsuits against these people as a
[55:14.400 --> 55:16.520]  plaintiff, as an original plaintiff.
[55:16.520 --> 55:18.200]  Start a lawsuit against them.
[55:18.200 --> 55:19.200]  Well, that's right.
[55:19.200 --> 55:22.960]  And then you can take it and then you just go directly to the district court.
[55:22.960 --> 55:26.680]  And you still have this traffic case that you have to deal with.
[55:26.680 --> 55:31.040]  But now you've got something else completely separate and different going on in another
[55:31.040 --> 55:34.680]  venue where the appellate process is not blocked.
[55:34.680 --> 55:40.600]  You can absolutely, you can do that, but in this question, I already know the answer before
[55:40.600 --> 55:41.600]  I ask it.
[55:41.600 --> 55:44.600]  The point was I want to bring to that.
[55:44.600 --> 55:53.520]  The judge, the judge has a ministerial duty to apply the standing law to the facts in
[55:53.520 --> 55:56.680]  the case.
[55:56.680 --> 56:03.280]  Now you have an issue that you can, if you file against the judge for committing a criminal
[56:03.280 --> 56:12.440]  act against you on the bench and denies you in due process, that you can take out of his
[56:12.440 --> 56:14.160]  court to a higher court.
[56:14.160 --> 56:15.160]  Yeah.
[56:15.160 --> 56:21.400]  But don't forget that case I read to you Friday night that says that a city, and then I would
[56:21.400 --> 56:29.000]  assume the same would have to apply to a county, is liable for the unconstitutional act of
[56:29.000 --> 56:31.960]  its employees.
[56:31.960 --> 56:39.520]  So if the judge is violating due process, he is violating or he is committing an unconstitutional
[56:39.520 --> 56:40.520]  act.
[56:40.520 --> 56:41.520]  Oh, absolutely.
[56:41.520 --> 56:42.520]  And it goes to Monell.
[56:42.520 --> 56:45.440]  Monell is the case that defined it.
[56:45.440 --> 56:54.520]  If the judge sitting on the bench perpetrates an act that is an act in furtherance of city
[56:54.520 --> 57:00.080]  policy, in that circumstance, the city has no sovereign immunity.
[57:00.080 --> 57:01.080]  Right.
[57:01.080 --> 57:05.800]  There's only two times they don't have sovereign immunity.
[57:05.800 --> 57:12.840]  That's one and the causing an injury while operating a motorized vehicle.
[57:12.840 --> 57:14.480]  Those are the two times.
[57:14.480 --> 57:19.920]  So yeah, we can do the lawsuit and then that's part of what we're going to be doing, but
[57:19.920 --> 57:25.680]  I'm looking at a way to be able to take this class C misdemeanor and push the issue out
[57:25.680 --> 57:32.120]  of the local courts, because the county courts are just as corrupt on these matters as the
[57:32.120 --> 57:37.040]  municipal court, and the county judge doesn't want to spend any time on them because they
[57:37.040 --> 57:38.040]  don't have time for them.
[57:38.040 --> 57:39.760]  They got hundreds and hundreds of them.
[57:39.760 --> 57:44.280]  Well, it also sounds like there's much more likelihood of corruption if it's true what
[57:44.280 --> 57:46.800]  you're saying, that there's no appealing past the county court.
[57:46.800 --> 57:49.200]  I mean, that just doesn't even make any sense.
[57:49.200 --> 57:52.600]  Well, there's corruption from another aspect too.
[57:52.600 --> 58:00.480]  In every single case, the local courts are financial beneficiaries of their determinations.
[58:00.480 --> 58:03.200]  That's a complete and total conflict of interest.
[58:03.200 --> 58:04.200]  Absolutely.
[58:04.200 --> 58:05.200]  Okay.
[58:05.200 --> 58:07.400]  After the break, we will start taking some calls.
[58:07.400 --> 58:08.880]  We've got a whole board for them.
[58:08.880 --> 58:10.520]  We've got a whole board for the callers.
[58:10.520 --> 58:15.400]  We've got Sam from Georgia, Rick from Texas, George from Texas, Christian from Florida,
[58:15.400 --> 58:17.480]  Janet from Texas, Brian from Pennsylvania.
[58:17.480 --> 58:20.240]  We'll be taking your calls on the other side.
[58:20.240 --> 58:23.880]  This is the rule of law, Rainy Kelton, Deborah Stevens, Eddie Craig.
[58:23.880 --> 58:51.680]  We'll be right back.
[58:53.900 --> 59:02.520]  Are you the plaintiff or defendant in a lawsuit?
[59:02.520 --> 59:08.080]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand,
[59:08.080 --> 59:13.840]  4CD course that will show you how in 24 hours, step by step.
[59:13.840 --> 59:17.040]  If you have a lawyer, know what your lawyer should be doing.
[59:17.040 --> 59:21.840]  If you don't have a lawyer, know what you should do for yourself.
[59:21.840 --> 59:26.240]  Lawyers have won with our step by step course and now you can too.
[59:26.240 --> 59:31.840]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[59:31.840 --> 59:37.560]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[59:37.560 --> 59:41.400]  principles and practices that control our American courts.
[59:41.400 --> 59:48.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[59:48.000 --> 59:54.720]  pro se tactics and much more, please visit ruleoflawradio.com and click on the banner
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[01:00:00.800 --> 01:00:07.800]  You are listening to the rule of law radio network at ruleoflawradio.com, live free speech
[01:00:07.800 --> 01:00:18.800]  talk radio at its best.
[01:00:37.880 --> 01:00:40.880] ??
[01:00:40.880 --> 01:00:41.880] ?
[01:00:41.880 --> 01:00:42.880] ?
[01:00:42.880 --> 01:00:43.880] ?
[01:00:43.880 --> 01:00:44.880] ?
[01:00:44.880 --> 01:00:45.880] ?
[01:00:45.880 --> 01:00:46.880] ?
[01:00:46.880 --> 01:00:47.880] ?
[01:00:47.880 --> 01:00:48.880] ?
[01:00:48.880 --> 01:00:49.880] ?
[01:00:49.880 --> 01:00:50.880] ?
[01:00:50.880 --> 01:00:51.880] ?
[01:00:51.880 --> 01:00:52.880] ?
[01:00:52.880 --> 01:00:53.880] ?
[01:00:53.880 --> 01:00:54.880] ?
[01:00:54.880 --> 01:00:55.880] ?
[01:00:55.880 --> 01:00:56.880] ?
[01:00:56.880 --> 01:00:57.880] ?
[01:00:57.880 --> 01:01:24.320]  Okay, we are back, the rule of law.
[01:01:24.320 --> 01:01:32.200]  We are going now to your calls, and first up on the board is Sam from Georgia.
[01:01:32.200 --> 01:01:35.760]  Sam, thanks for calling in, what's on your mind tonight?
[01:01:35.760 --> 01:01:46.600]  Well, just a quickie, I have a traffic ticket, another one, that I had pled not guilty, you
[01:01:46.600 --> 01:01:53.360]  know, months ago, and it's scheduled for September 8th, so I'm getting the challenge of the jurisdiction,
[01:01:53.360 --> 01:01:57.000]  that's the first thing I should do, right?
[01:01:57.000 --> 01:01:58.000]  Correct.
[01:01:58.000 --> 01:01:59.000]  Okay.
[01:01:59.000 --> 01:02:02.200]  What is the nature of your challenge to the jurisdiction?
[01:02:02.200 --> 01:02:03.200]  You're in Georgia.
[01:02:03.200 --> 01:02:04.200]  Right.
[01:02:04.200 --> 01:02:12.280]  Well, I guess I'm going on all of this, you know, the fact that when he gets in court,
[01:02:12.280 --> 01:02:16.240]  he's probably going to say, I observed the driver, blah, blah, blah, at which point,
[01:02:16.240 --> 01:02:18.360]  I should object, right, because he's...
[01:02:18.360 --> 01:02:22.400]  Well, you're hoping it was a challenge of subject matter jurisdiction, he never, his
[01:02:22.400 --> 01:02:27.960]  butt never touches the chair, because until the court has jurisdiction, no witness will
[01:02:27.960 --> 01:02:28.960]  take the stand.
[01:02:28.960 --> 01:02:34.040]  Oh, I see, okay, so how do I challenge that, do I put a motion in ahead of time?
[01:02:34.040 --> 01:02:36.880]  Okay, one thing, avoid merits.
[01:02:36.880 --> 01:02:39.400]  Oh, that's right.
[01:02:39.400 --> 01:02:45.360]  If the prosecutor says anything about the merits, object, we haven't got there yet.
[01:02:45.360 --> 01:02:46.360]  Right.
[01:02:46.360 --> 01:02:50.520]  If they ask you to plea, object, we haven't got there yet.
[01:02:50.520 --> 01:02:51.760]  Right.
[01:02:51.760 --> 01:02:58.080]  You're approaching the court at arm's length, court has not established subject matter jurisdiction,
[01:02:58.080 --> 01:03:00.800]  we may not proceed until it does.
[01:03:00.800 --> 01:03:06.640]  What are the grounds for your claim that the court doesn't have subject matter jurisdiction
[01:03:06.640 --> 01:03:08.000]  under Georgia law?
[01:03:08.000 --> 01:03:15.480]  Well, I don't know, I'm just hoping that as I dig through this transportation code, you
[01:03:15.480 --> 01:03:21.200]  know, from the stories I hear on the different shows and especially yours, it seems like
[01:03:21.200 --> 01:03:25.800]  most of the transportation code is adopted from the federal, is that correct?
[01:03:25.800 --> 01:03:30.440]  Okay, first thing is, what is the specific charge?
[01:03:30.440 --> 01:03:33.600]  I ran allegedly a stop sign.
[01:03:33.600 --> 01:03:37.200]  Now I went back the next day with my video camera.
[01:03:37.200 --> 01:03:39.440]  Okay, wait, wait, wait, that's going to merits.
[01:03:39.440 --> 01:03:40.440]  Yeah.
[01:03:40.440 --> 01:03:41.440]  Okay, right, yeah.
[01:03:41.440 --> 01:03:42.960]  All I want to know is what they're charging with.
[01:03:42.960 --> 01:03:48.400]  Yeah, and the reason I stopped you is because this is what they'll do to you.
[01:03:48.400 --> 01:03:49.400]  Yeah, don't...
[01:03:49.400 --> 01:03:53.800]  They want to defend some that you're innocent.
[01:03:53.800 --> 01:03:54.800]  Don't do it yet.
[01:03:54.800 --> 01:03:55.800]  Okay.
[01:03:55.800 --> 01:04:01.040]  You don't get to get guilt or innocence yet, you don't care what the merits are, we don't
[01:04:01.040 --> 01:04:02.040]  get there yet.
[01:04:02.040 --> 01:04:08.000]  Yeah, once you start arguing merits, you have waived their necessity for that impersonal
[01:04:08.000 --> 01:04:09.000]  jurisdiction.
[01:04:09.000 --> 01:04:10.000]  Don't do it.
[01:04:10.000 --> 01:04:13.400]  So tell me, tell me, did you stop at the stop sign or not?
[01:04:13.400 --> 01:04:14.400]  Actually I did.
[01:04:14.400 --> 01:04:17.040]  No, no, no, don't answer the question.
[01:04:17.040 --> 01:04:18.040]  Oh, no.
[01:04:18.040 --> 01:04:19.640]  No question.
[01:04:19.640 --> 01:04:20.640]  You object to the question.
[01:04:20.640 --> 01:04:21.640]  Okay.
[01:04:21.640 --> 01:04:24.360]  I'm kind of teasing, but that's how they'll trick you.
[01:04:24.360 --> 01:04:27.080]  You just simply say, object goes to merits.
[01:04:27.080 --> 01:04:29.080]  That goes right to the merits.
[01:04:29.080 --> 01:04:30.080]  Oh, boy.
[01:04:30.080 --> 01:04:31.080]  Okay.
[01:04:31.080 --> 01:04:35.480]  Now, the reason I needed to know this is very first thing, search your transportation
[01:04:35.480 --> 01:04:36.480]  code.
[01:04:36.480 --> 01:04:38.560]  Look for Title 49.
[01:04:38.560 --> 01:04:44.460]  Do a search on that specific phrase, Title 49.
[01:04:44.460 --> 01:04:50.320]  If you find it, read that section carefully, because it will essentially say that the Texas
[01:04:50.320 --> 01:04:55.000]  or the transportation code for the state of Georgia incorporates Title 49, Commercial
[01:04:55.000 --> 01:05:01.080]  Motor Carrier Act, from the federal code of transportation, blah, blah, blah.
[01:05:01.080 --> 01:05:03.560]  There's your federal link to commercial activity.
[01:05:03.560 --> 01:05:04.560]  Yeah.
[01:05:04.560 --> 01:05:05.560]  Okay.
[01:05:05.560 --> 01:05:09.680]  If it is not in your transportation code, search your state administrative code.
[01:05:09.680 --> 01:05:14.120]  And if it's not in there, search your department of motor vehicle code, whatever that may
[01:05:14.120 --> 01:05:15.120]  be.
[01:05:15.120 --> 01:05:16.120]  Okay.
[01:05:16.120 --> 01:05:18.120]  In Texas, it's called transportation code, but...
[01:05:18.120 --> 01:05:19.120]  Yeah.
[01:05:19.120 --> 01:05:20.120]  It's all in one here.
[01:05:20.120 --> 01:05:26.520]  But in any case, that shows the federal link to the Commercial Motor Carrier Act, which
[01:05:26.520 --> 01:05:30.720]  is all commercial, has nothing to do with anything else.
[01:05:30.720 --> 01:05:36.240]  Second thing is, is you get very familiar with the definitions for every word used in
[01:05:36.240 --> 01:05:39.640]  a particular section of the statute they're charging you under.
[01:05:39.640 --> 01:05:43.720]  If they have not told you that, or you have not found out what that is, you go down to
[01:05:43.720 --> 01:05:46.320]  your courthouse and you get that information from the clerk.
[01:05:46.320 --> 01:05:51.400]  Get a copy of everything in your court docket folder, everything.
[01:05:51.400 --> 01:05:56.640]  Find out what is supposed to be in that folder at this particular juncture in time.
[01:05:56.640 --> 01:06:01.240]  If anything that's supposed to be there is missing, find out where it's allowed to be
[01:06:01.240 --> 01:06:02.960]  and who's allowed to have it.
[01:06:02.960 --> 01:06:07.000]  And if it's not where it's supposed to be, make an issue out of that too, just like Randy
[01:06:07.000 --> 01:06:08.000]  does.
[01:06:08.000 --> 01:06:09.000]  Yeah.
[01:06:09.000 --> 01:06:15.720]  What you do with the clerk is the only time I raise an issue about what's missing from
[01:06:15.720 --> 01:06:21.400]  the court record is when I want to get the prosecutor and the judge kind of jumping up
[01:06:21.400 --> 01:06:22.880]  and down.
[01:06:22.880 --> 01:06:30.440]  Otherwise, if I see go to look in a court record and a really critical document's missing,
[01:06:30.440 --> 01:06:32.000]  homies say nothing.
[01:06:32.000 --> 01:06:37.120]  When they get to court and try to produce that document, I'm going to raise an objection.
[01:06:37.120 --> 01:06:39.240]  Oh, and that'll be beautiful.
[01:06:39.240 --> 01:06:40.240]  Yeah.
[01:06:40.240 --> 01:06:41.240]  Yeah.
[01:06:41.240 --> 01:06:43.160]  If it's required to be in the court record and it's not there, I'm not giving them a
[01:06:43.160 --> 01:06:44.160]  heads up.
[01:06:44.160 --> 01:06:51.560]  And when you go down and check the court record, if there appears to be something missing,
[01:06:51.560 --> 01:06:56.520]  then ask for a certified copy of the entire record.
[01:06:56.520 --> 01:07:01.040]  And what that does is freezes the record on that day at that time.
[01:07:01.040 --> 01:07:02.840]  Oh, really?
[01:07:02.840 --> 01:07:11.560]  So if anything appears later, especially if it appears with a date that was prior to the
[01:07:11.560 --> 01:07:17.520]  date that you got the certified copy, now you have probable cause to believe that somebody's
[01:07:17.520 --> 01:07:20.280]  tampering with the record.
[01:07:20.280 --> 01:07:25.080]  Sneak either had the document out of there when they shouldn't have.
[01:07:25.080 --> 01:07:30.760]  And if that's the case, if an important document is not in the court record and the clerk doesn't
[01:07:30.760 --> 01:07:38.120]  know where it's at and it reappears in the court record, it's not usable.
[01:07:38.120 --> 01:07:41.120]  We don't know if that's the one that was in here before or not.
[01:07:41.120 --> 01:07:42.120]  Yeah.
[01:07:42.120 --> 01:07:45.960]  Now, let me give you a perfect example of what we're talking about here on showing what
[01:07:45.960 --> 01:07:51.320]  the record in Texas should have before a certain something occurs.
[01:07:51.320 --> 01:07:57.800]  2.05 Code of Criminal Procedure says that for any misdemeanor case, an information must
[01:07:57.800 --> 01:08:03.600]  be filed if the county in which the case is charged has one or more district criminal
[01:08:03.600 --> 01:08:04.600]  courts.
[01:08:04.600 --> 01:08:05.600]  Okay?
[01:08:05.600 --> 01:08:09.600]  An information must be filed in a misdemeanor case.
[01:08:09.600 --> 01:08:14.160]  I get a notice in the mail that says my court date is scheduled for such and such date and
[01:08:14.160 --> 01:08:15.160]  time.
[01:08:15.160 --> 01:08:21.320]  I go down to the court immediately, same day, next day, but as quickly as possible.
[01:08:21.320 --> 01:08:23.520]  I look in my court record.
[01:08:23.520 --> 01:08:28.620]  If that information does not exist in that court record, that means the court has acted
[01:08:28.620 --> 01:08:30.440]  of its own volition.
[01:08:30.440 --> 01:08:34.200]  There has been nothing to grant the court jurisdiction, but the court has proceeded
[01:08:34.200 --> 01:08:38.320]  to set a trial date as if there is.
[01:08:38.320 --> 01:08:42.640]  So I have frozen the record by getting my copy of the record in its entirety to show
[01:08:42.640 --> 01:08:47.760]  that an information has not been filed by the prosecuting attorney as required by law
[01:08:47.760 --> 01:08:50.240]  on the date when this was scheduled for trial.
[01:08:50.240 --> 01:08:54.240]  Therefore, the court acted without jurisdiction and must dismiss.
[01:08:54.240 --> 01:08:55.240]  Okay.
[01:08:55.240 --> 01:08:56.960]  So my point is...
[01:08:56.960 --> 01:08:57.960]  Yes.
[01:08:57.960 --> 01:08:58.960]  How many tickets?
[01:08:58.960 --> 01:08:59.960]  Do you have a number of tickets?
[01:08:59.960 --> 01:09:00.960]  No.
[01:09:00.960 --> 01:09:01.960]  This is the last one.
[01:09:01.960 --> 01:09:02.960]  The last one.
[01:09:02.960 --> 01:09:05.960]  That has to be the last one.
[01:09:05.960 --> 01:09:11.760]  About how much does it generally cost in Georgia for a ticket on average?
[01:09:11.760 --> 01:09:18.960]  I tell you, I've spent about 190 on the speeding tickets, and that's only like 53 and a 35.
[01:09:18.960 --> 01:09:23.000]  I don't mean like doing a 165 or anything.
[01:09:23.000 --> 01:09:24.000]  I imagine...
[01:09:24.000 --> 01:09:31.840]  Baby, did they tell you what that stop sign running is, that it's a 165?
[01:09:31.840 --> 01:09:38.120]  I think it's a 165, they said, and that's a lot, to be honest, and I'll tell you, I
[01:09:38.120 --> 01:09:40.800]  didn't do it because there was another officer across the street...
[01:09:40.800 --> 01:09:41.800]  Ah, you're already done.
[01:09:41.800 --> 01:09:42.800]  You don't...
[01:09:42.800 --> 01:09:44.800]  No, I'm not going to say this in court.
[01:09:44.800 --> 01:09:47.800]  That is such a knee-jerk thing.
[01:09:47.800 --> 01:09:53.800]  We have to prove we're innocent, and frankly, we don't care.
[01:09:53.800 --> 01:09:55.280]  Yeah, I know.
[01:09:55.280 --> 01:10:00.000]  I'm doing this because I know, because in the past, it's like I'm like, well, hell,
[01:10:00.000 --> 01:10:01.000]  I was speeding.
[01:10:01.000 --> 01:10:03.960]  I don't really know how fast I was going, but I'll just go ahead and write the check.
[01:10:03.960 --> 01:10:08.880]  But this time, because they're so broke, these little counties and cities, and they are...
[01:10:08.880 --> 01:10:13.000]  I've seen them hiding behind telephone poles with a radar gun.
[01:10:13.000 --> 01:10:17.200]  Now, that in Georgia is illegal, it can be, you know, so it's...
[01:10:17.200 --> 01:10:23.000]  Okay, we have a need for you, Sam.
[01:10:23.000 --> 01:10:26.640]  We don't have an Eddie Craig in Georgia.
[01:10:26.640 --> 01:10:32.560]  Well, I would love to be that guy, and believe me, before it's all over with, I will be.
[01:10:32.560 --> 01:10:34.280]  Get the code, start reading it.
[01:10:34.280 --> 01:10:36.280]  Keep us updated.
[01:10:36.280 --> 01:10:37.920]  Don't read just one.
[01:10:37.920 --> 01:10:44.760]  Anytime you find a reference to a different code in one code, bookmark where you are and
[01:10:44.760 --> 01:10:46.760]  go find the other code.
[01:10:46.760 --> 01:10:47.760]  Okay.
[01:10:47.760 --> 01:10:53.080]  Follow every rabbit trail, because it all leads back to the same warrant in the middle,
[01:10:53.080 --> 01:10:56.560]  but you need to know where every exit is to that warrant.
[01:10:56.560 --> 01:11:02.840]  You will be surprised how quickly you will come up to speed.
[01:11:02.840 --> 01:11:08.080]  And one thing it will do is you won't be calling us about how to have tickets anymore.
[01:11:08.080 --> 01:11:10.440]  You won't be afraid of them.
[01:11:10.440 --> 01:11:11.440]  Yeah, you...
[01:11:11.440 --> 01:11:16.080]  Listening to radio shows and stuff like this, you already have a handle on what you need
[01:11:16.080 --> 01:11:17.080]  to be looking for.
[01:11:17.080 --> 01:11:20.120]  When I started this, I didn't have a clue what I was looking for.
[01:11:20.120 --> 01:11:24.120]  I just knew something stunk in Denmark, and I didn't like it.
[01:11:24.120 --> 01:11:27.240]  And I had to figure all this out piece by piece myself.
[01:11:27.240 --> 01:11:32.920]  Yeah, I think Randy will remember a few weeks ago I called, and the last ticket I had that
[01:11:32.920 --> 01:11:40.040]  I employed a lawyer, well, actually two of them in the last few years, both of them,
[01:11:40.040 --> 01:11:41.120]  you know, just completely...
[01:11:41.120 --> 01:11:45.600]  They acted like their brain was immediately sucked out of their head when they got in
[01:11:45.600 --> 01:11:46.600]  front of that judge.
[01:11:46.600 --> 01:11:50.160]  And now, of course, I realize it's because they're beholden to that court before they
[01:11:50.160 --> 01:11:51.160]  are to me.
[01:11:51.160 --> 01:11:52.160]  Exactly.
[01:11:52.160 --> 01:11:57.320]  And once I found that out, which thank you, Randy, because I actually did look that up
[01:11:57.320 --> 01:12:05.160]  in the juristic condom, and that just infuriates me because my whole premise is, I mean, we've
[01:12:05.160 --> 01:12:09.960]  been taught ever since we were a kid, oh, tell the truth, it'll all work out, everything,
[01:12:09.960 --> 01:12:15.440]  you know, and hey, the justice system is there to protect your rights, and that's a crock.
[01:12:15.440 --> 01:12:17.040]  They're there to make money.
[01:12:17.040 --> 01:12:22.800]  But now, remember, you just used two different idioms here, the justice system versus the
[01:12:22.800 --> 01:12:24.120]  legal system.
[01:12:24.120 --> 01:12:25.760]  They are not the same thing.
[01:12:25.760 --> 01:12:26.760]  Not the same.
[01:12:26.760 --> 01:12:27.760]  You're right.
[01:12:27.760 --> 01:12:28.760]  I did...
[01:12:28.760 --> 01:12:33.920]  Yeah, so, you know, I'm in this enlightening process now, and I tell you, every day, something
[01:12:33.920 --> 01:12:36.040]  else lights a fire in me.
[01:12:36.040 --> 01:12:41.960]  It's, you know, that warrior spirit in my chest is just, you know, flaming up because
[01:12:41.960 --> 01:12:47.200]  I just realized that, you know, if you don't stand up and beat them, they're just going
[01:12:47.200 --> 01:12:48.200]  to run over you.
[01:12:48.200 --> 01:12:52.840]  And, of course, the ultimate is they're digging in your wallet, and that really infuriates
[01:12:52.840 --> 01:12:53.840]  me.
[01:12:53.840 --> 01:12:54.840]  So, anyway, thanks for the show, guys.
[01:12:54.840 --> 01:12:55.840]  Well, good.
[01:12:55.840 --> 01:13:00.840]  Get up, come up to speed, and we're going to need someone to refer people to in Georgia.
[01:13:00.840 --> 01:13:01.840]  We've got a lot of callers.
[01:13:01.840 --> 01:13:02.840]  We really need a lot of people.
[01:13:02.840 --> 01:13:03.840]  All right.
[01:13:03.840 --> 01:13:04.840]  Yeah, thanks, Sam.
[01:13:04.840 --> 01:13:05.840]  Appreciate it.
[01:13:05.840 --> 01:13:06.840]  Appreciate it.
[01:13:06.840 --> 01:13:07.840]  All right, bye-bye.
[01:13:07.840 --> 01:13:08.840]  Bye.
[01:13:08.840 --> 01:13:09.840]  Yeah, and I just want to make this comment, too, about this warrior spirit.
[01:13:09.840 --> 01:13:15.800]  This is in all of us to protect ourselves, protect our families, to survive, to protect
[01:13:15.800 --> 01:13:24.040]  the tribe, protect the community, and this spirit that is in all of us for reason, for
[01:13:24.040 --> 01:13:29.600]  survival, is being usurped by the boob tube, okay?
[01:13:29.600 --> 01:13:34.760]  This is what the TV does, the entertainment, all the sports, and I'm not saying sports
[01:13:34.760 --> 01:13:35.760]  are bad.
[01:13:35.760 --> 01:13:40.160]  It's good to participate in sports and get exercise and build friendship and community
[01:13:40.160 --> 01:13:47.280]  and stuff like that, but the constant being usurped by the watching of all the megalomania
[01:13:47.280 --> 01:13:51.760]  of the sports on the TV and the jumping and screaming up and down from the couch and stuff
[01:13:51.760 --> 01:13:57.200]  like that all day long, watching whatever sports event that it happens to be, it usurps
[01:13:57.200 --> 01:14:04.200]  that spirit in us, and it's gone, and all they need is a piece of their beer and entertainment,
[01:14:04.200 --> 01:14:11.920]  and then they've got us hoodwinked, so we need to retain that warrior spirit and use
[01:14:11.920 --> 01:14:16.400]  it for what it's meant to be used for, which is to protect ourselves and our families and
[01:14:16.400 --> 01:14:23.320]  not get usurped by the TV and the sports and the entertainment of the American Idol and
[01:14:23.320 --> 01:14:27.160]  all these kinds of things, so read a book, people.
[01:14:27.160 --> 01:14:28.160]  Look on the Internet.
[01:14:28.160 --> 01:14:29.160]  Turn the TV off for a while.
[01:14:29.160 --> 01:14:30.160]  We don't even have one.
[01:14:30.160 --> 01:14:31.160]  Okay, we're going to go.
[01:14:31.160 --> 01:14:34.800]  Come to good, useful seminars where you learn more than you would in a year.
[01:14:34.800 --> 01:14:35.800]  Absolutely.
[01:14:35.800 --> 01:14:36.800]  Exactly.
[01:14:36.800 --> 01:14:40.760]  I watched the program the other day, and I could hear my IQ dropping.
[01:14:40.760 --> 01:14:41.760]  Yeah, see?
[01:14:41.760 --> 01:14:44.520]  Okay, we're going to go now to Jude in Michigan.
[01:14:44.520 --> 01:14:46.080]  Jude, thanks for calling in.
[01:14:46.080 --> 01:14:47.560]  What's on your mind tonight?
[01:14:47.560 --> 01:14:48.560]  Hi.
[01:14:48.560 --> 01:14:55.960]  I just want to touch base with you guys and see what you might recommend I do to get in
[01:14:55.960 --> 01:15:01.080]  touch with a grand jury in Michigan, or how I would go about doing that.
[01:15:01.080 --> 01:15:08.720]  Well, I'm not familiar with Michigan law, but you clearly have a grand jury, and where
[01:15:08.720 --> 01:15:14.640]  you have a grand jury, they're similar all over the United States, in that the grand
[01:15:14.640 --> 01:15:18.600]  jury is essentially a fourth branch of government.
[01:15:18.600 --> 01:15:24.640]  While they are impaneled by the court, once the court impanels that grand jury, they have
[01:15:24.640 --> 01:15:30.640]  no more control over the grand jury or no direct control over what they do.
[01:15:30.640 --> 01:15:37.600]  They provide a room for them to meet in, and they'll provide legal advice if they ask for
[01:15:37.600 --> 01:15:41.800]  it, but pretty much the grand jury is on their own.
[01:15:41.800 --> 01:15:46.400]  What the prosecutors and judges will tell you, well, you have to take your complaint
[01:15:46.400 --> 01:15:54.480]  to the prosecuting attorney or to the police department, not true.
[01:15:54.480 --> 01:15:55.480]  They will lie to you.
[01:15:55.480 --> 01:15:58.880]  They'll do everything they can to keep you from a grand jury.
[01:15:58.880 --> 01:16:08.000]  Frankly, so if you want to get directly to a grand jury, just send them a certified letter
[01:16:08.000 --> 01:16:09.000]  addressed.
[01:16:09.000 --> 01:16:15.600]  If you can't get the grand juror's name, send it to grand juror one, grand juror two, however
[01:16:15.600 --> 01:16:22.480]  many grand jurors you have in Michigan, and I generally either send it addressed to the
[01:16:22.480 --> 01:16:27.320]  district attorney's office or to find out which judge impaneled the grand jury and send
[01:16:27.320 --> 01:16:28.320]  them to that judge.
[01:16:28.320 --> 01:16:33.760]  You may want to use registered mail and so certified mail, because then we can really
[01:16:33.760 --> 01:16:40.040]  have a major way of going back after them for tampering with the mail if they don't
[01:16:40.040 --> 01:16:43.680]  give the documents, if they don't give the mail to the grand jury members.
[01:16:43.680 --> 01:16:51.560]  It looks like the revised statutes of Missouri Chapter 540 deals with grand juries in your
[01:16:51.560 --> 01:16:52.560]  state.
[01:16:52.560 --> 01:16:54.840]  I would start there and read everything I come across.
[01:16:54.840 --> 01:17:00.960]  Yes, and when you send your letter to the grand jury, or your complaints to the grand
[01:17:00.960 --> 01:17:07.440]  jury, put a letter in there asking the grand jury member to initial this document, this
[01:17:07.440 --> 01:17:12.120]  letter, and send it back to you so you'll know they got the letter, or they got the
[01:17:12.120 --> 01:17:13.120]  present.
[01:17:13.120 --> 01:17:21.440]  The reason you do that is if within a week or two weeks you don't get that letter back,
[01:17:21.440 --> 01:17:25.800]  that's probable cause to believe that the grand jury didn't get it.
[01:17:25.800 --> 01:17:30.120]  And then if you send it to the district attorney's office, then you prepare a set of complaints
[01:17:30.120 --> 01:17:35.760]  against the district attorney for tampering with the grand jury and send that to the grand
[01:17:35.760 --> 01:17:37.400]  jury.
[01:17:37.400 --> 01:17:38.600]  Same address.
[01:17:38.600 --> 01:17:45.680]  When the prosecutor gets that and opens it, he's going to say, uh-oh, this boy set me
[01:17:45.680 --> 01:17:46.680]  up.
[01:17:46.680 --> 01:17:49.200]  That's exactly what you do.
[01:17:49.200 --> 01:17:57.040]  Then you go to the postal inspectors and file a complaint with the federal postal inspectors.
[01:17:57.040 --> 01:18:00.080]  They are the bad boys on the block.
[01:18:00.080 --> 01:18:02.960]  They'll go in there and get everybody's attention.
[01:18:02.960 --> 01:18:09.440]  Yes, and you can find out information on the grand jury system in your state actually by
[01:18:09.440 --> 01:18:13.640]  going to our website on the navigation bar on the left.
[01:18:13.640 --> 01:18:20.420]  There are some links to statutes, state statutes, and you go to that link and you'll be able
[01:18:20.420 --> 01:18:26.760]  to navigate to get to codes, criminal procedure code, penal codes, grand jury explanations
[01:18:26.760 --> 01:18:29.280]  and codes for all the states.
[01:18:29.280 --> 01:18:35.600]  Yes, but primarily don't believe what prosecutor and the judges tell you.
[01:18:35.600 --> 01:18:36.600]  They'll lie to you.
[01:18:36.600 --> 01:18:37.600]  Got you.
[01:18:37.600 --> 01:18:44.760]  Now, this originated in a traffic pullover, the cop nearly ran me off the road trying
[01:18:44.760 --> 01:18:52.040]  to pace me and he alleged I was doing 85 and a 70 and he took me out of my car.
[01:18:52.040 --> 01:18:55.720]  I told him I did not consent to searching my person or my vehicle.
[01:18:55.720 --> 01:18:59.320]  I would get out of the car, but I do not consent to any searches because the next thing was
[01:18:59.320 --> 01:19:06.160]  his gun talk and I have a fear of police and he took me out of the car and started talking
[01:19:06.160 --> 01:19:10.760]  to me behind the truck, asking me what I was doing out on the road that night and just
[01:19:10.760 --> 01:19:12.760]  minding my business.
[01:19:12.760 --> 01:19:19.280]  He reached in my pocket and pulled out a bag that had marijuana on it.
[01:19:19.280 --> 01:19:27.040]  I am a medicinal marijuana registered with the state here in Michigan and they have put
[01:19:27.040 --> 01:19:31.200]  charges on me for possession of a controlled substance.
[01:19:31.200 --> 01:19:37.800]  Now, I have no faith in the judicial system here at all, so I don't expect to go in there
[01:19:37.800 --> 01:19:46.480]  and have them respect my license, as the case may be, to even possess it, so I want to try
[01:19:46.480 --> 01:19:50.800]  to cut them out of any decision-making ability.
[01:19:50.800 --> 01:19:57.960]  Now, one detail that came up is the officer that pulled me over was not the...
[01:19:57.960 --> 01:20:03.720]  After he searched me and searched my car and put me in the back of his car, he called for
[01:20:03.720 --> 01:20:05.720]  a secondary officer.
[01:20:05.720 --> 01:20:11.480]  The second police came and the second guy is the one that actually wrote the ticket
[01:20:11.480 --> 01:20:15.560]  and pressed the charges, although he did not witness any of it.
[01:20:15.560 --> 01:20:19.160]  He wasn't there for any part of it, he was only there for the aftermath.
[01:20:19.160 --> 01:20:23.640]  I'm wondering if he is a credible witness and if that's in violation of any type of
[01:20:23.640 --> 01:20:25.640]  procedure in itself.
[01:20:25.640 --> 01:20:33.560]  Well, generally, a person can file a complaint without having witnessed whatever the
[01:20:33.560 --> 01:20:35.560]  allegation is.
[01:20:35.560 --> 01:20:44.840]  However, they can't arrest, unless the law is different in Michigan, but in most...
[01:20:44.840 --> 01:20:46.840]  You're in Michigan, yeah.
[01:20:46.840 --> 01:20:48.840]  Yeah.
[01:20:48.840 --> 01:20:54.520]  Unless it's different in Michigan, and I suspect that it's not, that in order to arrest for
[01:20:54.520 --> 01:20:56.520]  a misdemeanor.
[01:20:56.520 --> 01:21:03.160]  The misdemeanor in Texas, you can arrest for a breach of the peace you didn't see.
[01:21:03.160 --> 01:21:10.040]  And that breach of the peace has about 10 things specifically defined that are breach
[01:21:10.040 --> 01:21:11.480]  of the peace.
[01:21:11.480 --> 01:21:17.240]  Displaying your anus in public, firing a weapon across a roadway, they're very
[01:21:17.240 --> 01:21:19.160]  specifically defined.
[01:21:19.160 --> 01:21:25.560]  Those things you can be arrested for, or for a felony that the officer didn't see,
[01:21:25.560 --> 01:21:28.520]  not a misdemeanor.
[01:21:28.520 --> 01:21:30.520]  So this is misdemeanor.
[01:21:30.520 --> 01:21:32.520]  Pardon me?
[01:21:32.520 --> 01:21:36.520]  What is the situation for a felony, generally?
[01:21:36.520 --> 01:21:46.120]  A police officer can arrest for a felony on a, for a felony he did not see committed.
[01:21:46.120 --> 01:21:51.480]  Example, I run up to this policeman, I was just behind a big one over there, and I saw
[01:21:51.480 --> 01:21:54.360]  this dude shoot this other dude.
[01:21:54.360 --> 01:22:00.040]  And then the policeman looks up and sees a person coming out from behind a building with
[01:22:00.040 --> 01:22:01.560]  blood on his clothes.
[01:22:01.560 --> 01:22:02.600]  He can arrest it.
[01:22:02.600 --> 01:22:06.600]  Or he goes back there and he sees a guy laying in the alley, bleeding all over, he can arrest
[01:22:06.600 --> 01:22:09.720]  this guy, even though he didn't see it.
[01:22:09.720 --> 01:22:14.120]  But if I go to the policeman and say, I just saw this one guy punch this other guy out,
[01:22:14.120 --> 01:22:17.880]  and he sees a guy come out with bloody knuckles, and he goes back there and sees a guy sitting
[01:22:17.880 --> 01:22:22.280]  there holding a tooth in his hand, he can't arrest.
[01:22:22.280 --> 01:22:27.480]  That's misdemeanor, he has to go to the judge to get a warrant.
[01:22:27.480 --> 01:22:29.480]  That's how it works.
[01:22:29.480 --> 01:22:30.120]  Okay.
[01:22:30.120 --> 01:22:33.640]  So the second officer did not personally see or hear.
[01:22:33.640 --> 01:22:37.960]  Now there is a caveat to that.
[01:22:37.960 --> 01:22:46.120]  If the second officer is in close proximity to the first officer, and the second officer
[01:22:46.120 --> 01:22:52.520]  can get to you before the first officer does, and the first officer personally witnessed,
[01:22:52.520 --> 01:22:58.840]  and the second officer didn't, say you get in a foot chase, and the first officer that
[01:22:58.840 --> 01:23:07.800]  saw the crime committed is fat and slow, and young and skinny outruns him, or another
[01:23:07.800 --> 01:23:12.520]  car shows up, the second officer can make the arrest.
[01:23:12.520 --> 01:23:15.480]  But they have to be in immediate proximity.
[01:23:15.480 --> 01:23:22.920]  In this case, you were already arrested by the one officer, and the second officer came
[01:23:22.920 --> 01:23:25.720]  over and apparently re-arrested you.
[01:23:25.720 --> 01:23:31.880]  The first one un-arrested you, and the second one arrested you again and wrote the citation.
[01:23:31.880 --> 01:23:34.040]  Procedural problem.
[01:23:34.040 --> 01:23:38.120]  But it's really a minor issue.
[01:23:38.120 --> 01:23:45.160]  Your drug issue is going to be a lot more adjudicatable.
[01:23:45.160 --> 01:23:48.200]  You need to look at the case law.
[01:23:48.200 --> 01:23:55.000]  They accused you of having a controlled substance without a prescription.
[01:23:55.000 --> 01:23:57.400]  There has been no detailed answer.
[01:23:57.400 --> 01:24:01.240]  It's just been the possession of a controlled substance.
[01:24:01.240 --> 01:24:09.640]  Well, okay, it's not illegal to be in possession of a controlled substance.
[01:24:09.640 --> 01:24:16.120]  It's illegal to be in possession of a controlled substance without a prescription.
[01:24:16.120 --> 01:24:21.320]  Now there are certain controlled substances for which you can't get a prescription.
[01:24:21.320 --> 01:24:24.200]  So you would necessarily not have one in that case.
[01:24:24.200 --> 01:24:30.080]  Well, see, this goes back to the whole feds versus the states issue, because in this case
[01:24:30.080 --> 01:24:37.760]  we need to look at what their definition is of a controlled substance, I mean, under their
[01:24:37.760 --> 01:24:38.760]  law.
[01:24:38.760 --> 01:24:42.760]  Because, see, the whole problem with the marijuana thing in the states, and this is why they
[01:24:42.760 --> 01:24:48.240]  had this big brouhaha that went all the way up to the Supreme Court in Raich versus Ashcroft.
[01:24:48.240 --> 01:24:52.120]  States have legislated to prescribe it, to allow doctors to prescribe it, and there's
[01:24:52.120 --> 01:24:56.160]  a whole setup and a whole system and an industry and regulations set in place and all these
[01:24:56.160 --> 01:24:57.160]  kinds of things.
[01:24:57.160 --> 01:25:01.240]  All right, but the federal government comes in and says, no, you can't do that even though
[01:25:01.240 --> 01:25:07.600]  the states have it all legalized and everything under these certain conditions, because the
[01:25:07.600 --> 01:25:15.680]  feds are saying it's a Schedule A drug, Schedule A under the FDA, which means that it has no
[01:25:15.680 --> 01:25:17.760]  medicinal purpose.
[01:25:17.760 --> 01:25:20.800]  It's a drug that all it does is cause damage and harm.
[01:25:20.800 --> 01:25:24.880]  I think I'm trying to remember what all Schedule A drugs, certain things like LSD, certain
[01:25:24.880 --> 01:25:29.520]  drugs that they just don't even prescribe, they consider to have absolutely zero medical
[01:25:29.520 --> 01:25:34.560]  use whatsoever, and so that's where the big argument is, that it's a Schedule A drug
[01:25:34.560 --> 01:25:41.520]  under the FDA, under federal law, and so that's why they're saying that even though the states
[01:25:41.520 --> 01:25:45.760]  are allowing this situation and setting up means for doctors to prescribe it, it's a
[01:25:45.760 --> 01:25:50.960]  battle between the feds and the states, and the states already lost once under Raich versus
[01:25:50.960 --> 01:25:51.960]  Ashcroft.
[01:25:51.960 --> 01:25:57.720]  So they need to see, like in this case with Jude, what statute are they actually charging
[01:25:57.720 --> 01:26:04.160]  him with, because if they're charging him and using the definition of controlled substance
[01:26:04.160 --> 01:26:10.760]  as far as meaning a Schedule A drug, then they may legitimately be able to charge him
[01:26:10.760 --> 01:26:15.200]  with that, but if they're charging him with controlled substance, i.e. it falls under
[01:26:15.200 --> 01:26:20.280]  the category of a drug that can be prescribed, well, then that's a whole different setup.
[01:26:20.280 --> 01:26:23.880]  So that's what I think we need to look at that here in this case.
[01:26:23.880 --> 01:26:31.480]  Well, apparently, if he's in a program that authorizes it, at least there is the appearance
[01:26:31.480 --> 01:26:38.480]  of state authorization, and he hasn't been charged federally, so it will go to state
[01:26:38.480 --> 01:26:45.640]  regulations, and if the state authorizes the use of marijuana for medicinal purposes, and
[01:26:45.640 --> 01:26:51.960]  the state's the one trying to prosecute, then I would file against the officers for aggravated
[01:26:51.960 --> 01:27:04.160]  perjury, malicious prosecution, sorry about that, and go after the officers.
[01:27:04.160 --> 01:27:05.840]  They knew this was a bogus charge.
[01:27:05.840 --> 01:27:06.840]  Did you have a prescription?
[01:27:06.840 --> 01:27:14.360]  No, I didn't have it on me at the time that I told them, and they didn't want to cooperate
[01:27:14.360 --> 01:27:15.360]  with me.
[01:27:15.360 --> 01:27:16.360]  Did you produce?
[01:27:16.360 --> 01:27:17.360]  Have you produced a prescription?
[01:27:17.360 --> 01:27:18.360]  Yeah, it's in my pocket now.
[01:27:18.360 --> 01:27:19.360]  It's a state program.
[01:27:19.360 --> 01:27:20.360]  Okay.
[01:27:20.360 --> 01:27:30.760]  What I suggest you do is file a motion to dismiss and include as an exhibit the prescription
[01:27:30.760 --> 01:27:34.360]  authorizing you to have the product, the likelihood to store it out.
[01:27:34.360 --> 01:27:39.320]  Yeah, but go down and get the court clerk to make you a certified copy of that prescription.
[01:27:39.320 --> 01:27:42.360]  Don't just photocopy it and stick it on there with it.
[01:27:42.360 --> 01:27:43.360]  Oh yeah?
[01:27:43.360 --> 01:27:44.360]  Yeah.
[01:27:44.360 --> 01:27:48.960]  Also, for those folks out there dealing with traffic issues and everything else in Missouri
[01:27:48.960 --> 01:27:56.520]  and possibly in your case as well, I highly recommend you go read 545.010, Dealing with
[01:27:56.520 --> 01:28:02.020]  Indictments and Informations, check your court records, make sure that an information has
[01:28:02.020 --> 01:28:08.720]  been filed because in this statute it says all felonies and all misdemeanors must have
[01:28:08.720 --> 01:28:15.160]  these and if they're adjudicating your traffic case at any police or recorder's court, then
[01:28:15.160 --> 01:28:22.000]  the city must have more than 50,000 people and not exceeding a population of 300,000
[01:28:22.000 --> 01:28:25.280]  people before they can use either of those two courts.
[01:28:25.280 --> 01:28:28.280]  Now, one other-
[01:28:28.280 --> 01:28:29.280]  Now, wait, wait, wait.
[01:28:29.280 --> 01:28:30.280]  You said Missouri.
[01:28:30.280 --> 01:28:31.280]  Did you mean Michigan?
[01:28:31.280 --> 01:28:33.880]  Well, Missouri is what I'm looking at now.
[01:28:33.880 --> 01:28:34.880]  I thought that's what he said.
[01:28:34.880 --> 01:28:35.880]  He's in Michigan.
[01:28:35.880 --> 01:28:36.880]  Oh, okay.
[01:28:36.880 --> 01:28:37.880]  I'm sorry.
[01:28:37.880 --> 01:28:43.520]  So, they took me to jail for they'd impounded my truck and took me to jail that night and
[01:28:43.520 --> 01:28:47.000]  when I was released, they didn't give me any paperwork.
[01:28:47.000 --> 01:28:49.840]  They woke me up that morning and said, come over here and talk to this lady.
[01:28:49.840 --> 01:28:54.280]  She's going to talk to you and see what your character's like and help the judge decide
[01:28:54.280 --> 01:28:57.120]  what bail should be or bond or whatever it was.
[01:28:57.120 --> 01:28:59.160]  So, I talked to her.
[01:28:59.160 --> 01:29:00.160]  They put me back in the cell.
[01:29:00.160 --> 01:29:04.320]  Now, here's an interesting matter that complicates things.
[01:29:04.320 --> 01:29:09.760]  About six months before this happened, I took my fiance to the hospital because she had
[01:29:09.760 --> 01:29:16.320]  a spontaneous miscarriage and neither she nor myself was aware that she was pregnant
[01:29:16.320 --> 01:29:21.240]  and it turned out in the long run that she had been five or six weeks pregnant and it
[01:29:21.240 --> 01:29:24.040]  was unbeknownst to us both.
[01:29:24.040 --> 01:29:28.560]  I took her to the hospital, the hospital for some reason or another.
[01:29:28.560 --> 01:29:29.960]  I live in Detroit.
[01:29:29.960 --> 01:29:33.320]  My nearest hospital is right over the border into Farmington, Michigan.
[01:29:33.320 --> 01:29:34.320]  Okay, wait.
[01:29:34.320 --> 01:29:35.320]  Hold on.
[01:29:35.320 --> 01:29:36.320]  Hold on, Jude.
[01:29:36.320 --> 01:29:37.320]  Hold on.
[01:29:37.320 --> 01:29:38.320]  We're going to break here.
[01:29:38.320 --> 01:29:39.320]  Okay.
[01:29:39.320 --> 01:29:40.320]  Okay.
[01:29:40.320 --> 01:29:41.320]  We'll talk more about this on the other side.
[01:29:41.320 --> 01:29:42.320]  We do have other callers on the line.
[01:29:42.320 --> 01:29:43.320]  Janet, Brian, Rick.
[01:29:43.320 --> 01:29:47.360]  We're going to try to jam in as many calls as we can in the last half hour of the show.
[01:29:47.360 --> 01:29:51.640]  This is the rule of law, Randy Kelton, Deborah Stevens, Eddie Craig.
[01:29:51.640 --> 01:29:58.560]  We'll be right back on the other side.
[01:29:58.560 --> 01:30:03.440]  Gold prices are at historic highs and with the recent pullback, this is a great time to
[01:30:03.440 --> 01:30:04.440]  buy.
[01:30:04.440 --> 01:30:08.040]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability
[01:30:08.040 --> 01:30:11.560]  in world financial systems, I see gold going up much higher.
[01:30:11.560 --> 01:30:14.920]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:14.920 --> 01:30:18.640]  Everybody should have some of their assets in investment grade precious metals.
[01:30:18.640 --> 01:30:22.600]  At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence
[01:30:22.600 --> 01:30:27.600]  from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.600 --> 01:30:31.360]  If you are new to precious metals, we will happily provide you with the information you
[01:30:31.360 --> 01:30:35.840]  need to make an informed decision whether or not you choose to purchase from us.
[01:30:35.840 --> 01:30:40.080]  Also, Roberts and Roberts Brokerage values your privacy and will always advise you in
[01:30:40.080 --> 01:30:43.500]  the event that we would be required to report any transaction.
[01:30:43.500 --> 01:30:47.600]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate
[01:30:47.600 --> 01:30:48.600]  payment.
[01:30:48.600 --> 01:30:52.360]  Call us at 800-874-9760.
[01:30:52.360 --> 01:31:12.920]  We are Roberts and Roberts Brokerage, 800-874-9760.
[01:31:12.920 --> 01:31:17.160]  Okay we are back, the rule of law.
[01:31:17.160 --> 01:31:21.800]  We are taking your calls this evening, we've got a full board of callers here only half
[01:31:21.800 --> 01:31:25.920]  an hour left, so we are speaking now with Jude in Michigan.
[01:31:25.920 --> 01:31:28.920]  Okay, Randy, you wanted to make a comment here?
[01:31:28.920 --> 01:31:32.080]  Yes, yes, we need to get to the point quickly.
[01:31:32.080 --> 01:31:34.880]  I think I know where you're going.
[01:31:34.880 --> 01:31:40.120]  They brought up a prior issue to apply more pressure to you.
[01:31:40.120 --> 01:31:41.120]  Correct.
[01:31:41.120 --> 01:31:45.680]  And the prior issue was completely erroneous.
[01:31:45.680 --> 01:31:50.920]  The hospital called the police, the police came into my city and raided my house looking
[01:31:50.920 --> 01:31:54.720]  for a full grown, full term delivered baby.
[01:31:54.720 --> 01:31:59.000]  They put my name on the news and called me a murderer for four days straight.
[01:31:59.000 --> 01:32:04.680]  I currently have nine lawsuits against the Farmington Police Department, the Detroit
[01:32:04.680 --> 01:32:09.960]  Police Department, the hospital over there that did this and the judge that wrote the
[01:32:09.960 --> 01:32:10.960]  bogus warrants.
[01:32:10.960 --> 01:32:15.520]  Okay, wait, wait, wait, how did this affect your, this case?
[01:32:15.520 --> 01:32:23.720]  Well, he mentioned it while I was there and what had happened, well, I actually forgot,
[01:32:23.720 --> 01:32:27.840]  I lost track of the time that I had with that, but I'd like to bring it back around to my
[01:32:27.840 --> 01:32:35.360]  last point which was that when I was put into jail that night for the speeding violation
[01:32:35.360 --> 01:32:40.280]  of the marijuana possession, they told the car that morning after I had been in jail,
[01:32:40.280 --> 01:32:47.520]  I had to talk with a lady that judged my character to determine how I would be bonded out.
[01:32:47.520 --> 01:32:53.520]  For some reason, the next thing I know, the detective that initiated the raid on my house
[01:32:53.520 --> 01:32:56.600]  erroneously came to my cell.
[01:32:56.600 --> 01:33:03.520]  He said, he questioned me if Detroit was still harassing me over the charges that had been
[01:33:03.520 --> 01:33:04.520]  allocated.
[01:33:04.520 --> 01:33:09.960]  I said no, there were no charges, there was no baby, the story has not changed.
[01:33:09.960 --> 01:33:15.080]  He ended up coming back and said, well, looks like we're going to let you go.
[01:33:15.080 --> 01:33:19.800]  The next thing I know is they let me go out the front door.
[01:33:19.800 --> 01:33:25.880]  I never got arraigned that morning, nothing happened except they let me go out of the
[01:33:25.880 --> 01:33:31.160]  front door and then, and they didn't give me the speeding ticket, so I'm thinking to
[01:33:31.160 --> 01:33:35.840]  myself, boy, maybe they're hooking me up after their big screw up.
[01:33:35.840 --> 01:33:40.000]  Then three months or so go by, or two months or something like this, and I get the first
[01:33:40.000 --> 01:33:41.000]  notice in the mail.
[01:33:41.000 --> 01:33:42.000]  It says, you are...
[01:33:42.000 --> 01:33:44.000]  Okay, so they let you out with no bail?
[01:33:44.000 --> 01:33:48.360]  Well, they let me out without even seeing the judge.
[01:33:48.360 --> 01:33:49.360]  They just released me.
[01:33:49.360 --> 01:33:54.440]  Okay, okay, those are issues you can certainly adjudicate.
[01:33:54.440 --> 01:33:56.480]  So they did something wrong there, eh?
[01:33:56.480 --> 01:33:57.480]  Yeah.
[01:33:57.480 --> 01:33:59.040]  Do you listen to this program regularly?
[01:33:59.040 --> 01:34:00.040]  No.
[01:34:00.040 --> 01:34:03.040]  Oh, I hate to hear that.
[01:34:03.040 --> 01:34:04.040]  Oh, I'm crushed.
[01:34:04.040 --> 01:34:05.040]  I wouldn't be stood.
[01:34:05.040 --> 01:34:09.000]  I'm standing around these because I've seen them all over the net, but this is...
[01:34:09.000 --> 01:34:14.480]  If you listen, we talk about this quite a bit, about the issue on the Magistrate.
[01:34:14.480 --> 01:34:17.680]  We don't have time to go into it today, but it's a common issue.
[01:34:17.680 --> 01:34:18.960]  You might call back Friday night.
[01:34:18.960 --> 01:34:23.080]  Yeah, we have more time on Friday night to do a four-hour show.
[01:34:23.080 --> 01:34:24.080]  Okay.
[01:34:24.080 --> 01:34:29.120]  Well, I'll call back on Friday unless there's anything you'd like to expand on at that point.
[01:34:29.120 --> 01:34:30.120]  Good, good.
[01:34:30.120 --> 01:34:31.120]  Thank you.
[01:34:31.120 --> 01:34:32.120]  Okay, thank you, Jude.
[01:34:32.120 --> 01:34:33.120]  Okay, great.
[01:34:33.120 --> 01:34:34.120]  Thanks, guys.
[01:34:34.120 --> 01:34:35.120]  Okay, thank you.
[01:34:35.120 --> 01:34:38.120]  Okay, we're going to go now to Janet in Texas.
[01:34:38.120 --> 01:34:39.920]  Janet, thanks for calling in.
[01:34:39.920 --> 01:34:40.920]  What's on your mind tonight?
[01:34:40.920 --> 01:34:45.320]  Okay, let me take out the speaker and do all the things I'm supposed to do.
[01:34:45.320 --> 01:34:46.320]  Okay.
[01:34:46.320 --> 01:34:51.200]  I have a list of questions here, but now I just want to cut it short, okay?
[01:34:51.200 --> 01:35:01.080]  So I haven't read the code, but if you don't have a driver's license, then who is doing
[01:35:01.080 --> 01:35:06.680]  all they're doing to set up all these fines for all the different traffic tickets?
[01:35:06.680 --> 01:35:13.720]  And then also, I hope that you could just tell me whether or not there's anything that
[01:35:13.720 --> 01:35:19.440]  makes you, any law that makes you have to get license plates for your car, inspection
[01:35:19.440 --> 01:35:23.320]  sticker for your car, and wear seat belts.
[01:35:23.320 --> 01:35:26.080]  She really doesn't listen to the show often, does she?
[01:35:26.080 --> 01:35:27.960]  Obviously not.
[01:35:27.960 --> 01:35:34.320]  We handle that a lot, and what you're asking is complex, and it takes a while to go through
[01:35:34.320 --> 01:35:42.360]  all of it, but the answer essentially is no, there's no law that authorizes them, but they
[01:35:42.360 --> 01:35:50.120]  do it, and that's what we have to deal with, and that's what we're trying to deal with.
[01:35:50.120 --> 01:35:51.840]  The way I explain it is simple.
[01:35:51.840 --> 01:35:54.420]  It's a daisy chain statute system.
[01:35:54.420 --> 01:35:58.560]  In Texas, everything hinges on the requirement of a driver's license.
[01:35:58.560 --> 01:36:04.160]  You cannot get any of the other accouterments associated with driving without that license.
[01:36:04.160 --> 01:36:06.140]  You can't get insurance without it.
[01:36:06.140 --> 01:36:08.280]  You can't get registration without it.
[01:36:08.280 --> 01:36:13.880]  You can't do anything dealing with a commercial vehicle without that license.
[01:36:13.880 --> 01:36:19.440]  Therefore, by default, if you're not required to have the license, you cannot be required
[01:36:19.440 --> 01:36:22.480]  to have the other things because they are wired together.
[01:36:22.480 --> 01:36:27.320]  Do the insurance companies, you think, know this, and they're just letting you buy insurance
[01:36:27.320 --> 01:36:28.320]  without telling you that you don't have to have it?
[01:36:28.320 --> 01:36:29.320]  They all know this.
[01:36:29.320 --> 01:36:33.680]  The insurance company knows full well that you are being coerced into paying them money
[01:36:33.680 --> 01:36:39.060]  you do not wish to pay, which is why everybody's insurance rates are so high, because there's
[01:36:39.060 --> 01:36:44.040]  no fair market competition because they know you are forced to pay for it no matter what
[01:36:44.040 --> 01:36:45.040]  it costs.
[01:36:45.040 --> 01:36:51.200]  Well, so there's no law, and Texas did make a law.
[01:36:51.200 --> 01:36:56.480]  I was living in Louisiana when they made a law that said you had to buy insurance, and
[01:36:56.480 --> 01:37:02.720]  then I moved to Texas, came home to Texas, I should say, and was very happy because we
[01:37:02.720 --> 01:37:04.360]  didn't have those laws here yet.
[01:37:04.360 --> 01:37:05.360]  That's right.
[01:37:05.360 --> 01:37:12.400]  In 1996, the law they enacted is called the Motor Vehicle Safety Responsibility Act.
[01:37:12.400 --> 01:37:18.520]  However, the key to that is the fact of what a motor vehicle is, and a motor vehicle is
[01:37:18.520 --> 01:37:20.240]  a commercial vehicle.
[01:37:20.240 --> 01:37:22.800]  It is not your private automobile.
[01:37:22.800 --> 01:37:24.800]  It's a private automobile?
[01:37:24.800 --> 01:37:25.800]  Okay.
[01:37:25.800 --> 01:37:26.800]  It's not a private automobile.
[01:37:26.800 --> 01:37:30.200]  So you would say there's an addressed private automobile in there, okay.
[01:37:30.200 --> 01:37:36.000]  But it isn't a private automobile if you consider that when this car is made, it doesn't have
[01:37:36.000 --> 01:37:39.000]  an allotial title.
[01:37:39.000 --> 01:37:41.640]  You don't get an allotial title.
[01:37:41.640 --> 01:37:43.880]  It's still private property.
[01:37:43.880 --> 01:37:49.480]  It's not something that's being used in a commercial capacity, like a cab driver, or
[01:37:49.480 --> 01:37:52.760]  you're not transporting goods and services or passengers.
[01:37:52.760 --> 01:37:53.760]  Compensation.
[01:37:53.760 --> 01:37:54.760]  Yeah.
[01:37:54.760 --> 01:37:55.760]  You're just for compensation.
[01:37:55.760 --> 01:37:56.760]  You're traveling.
[01:37:56.760 --> 01:38:03.640]  Well, I have, you know, I guess you guys have heard of Michael Bednarik, and I know, you
[01:38:03.640 --> 01:38:09.600]  know, he's been a very good friend of ours, and he, you know, just didn't have any license
[01:38:09.600 --> 01:38:13.120]  plates on his car and got stopped all the time, and he always got out of those tickets
[01:38:13.120 --> 01:38:14.760]  if he ever got one.
[01:38:14.760 --> 01:38:19.120]  Well, he's, you know, told us that we didn't need to have driver's license, and now mine
[01:38:19.120 --> 01:38:24.440]  is coming up, time to expire, and I am not renewing it.
[01:38:24.440 --> 01:38:25.440]  And you're in what state?
[01:38:25.440 --> 01:38:26.440]  I'm in Texas.
[01:38:26.440 --> 01:38:27.440]  I'm in Austin.
[01:38:27.440 --> 01:38:31.200]  I am not renewing my driver's license for the first time in my whole life.
[01:38:31.200 --> 01:38:36.360]  Well, that's good, because the only two chapters that require driver's licenses to be issued
[01:38:36.360 --> 01:38:42.520]  is Chapter 521 and Chapter 522, Texas Transportation Code, and unless you can find in there where
[01:38:42.520 --> 01:38:47.180]  it applies to a private automobile, rather than an occupational license for conducting
[01:38:47.180 --> 01:38:52.720]  a business or a CDL for a large-scale commercial vehicle or passenger vehicle, you have no
[01:38:52.720 --> 01:38:53.720]  need of a license.
[01:38:53.720 --> 01:38:54.720]  Okay.
[01:38:54.720 --> 01:38:59.780]  So, you're saying that every cop that stops me is ignorant of the law?
[01:38:59.780 --> 01:39:01.320]  That's exactly what I'm telling you.
[01:39:01.320 --> 01:39:02.320]  Okay.
[01:39:02.320 --> 01:39:06.000]  He is either willfully ignorant or he's uneducated ignorant.
[01:39:06.000 --> 01:39:07.000]  Take your pick.
[01:39:07.000 --> 01:39:08.000]  Recklessly ignorant.
[01:39:08.000 --> 01:39:09.000]  Exactly.
[01:39:09.000 --> 01:39:13.800]  And we're going to teach them how reckless they are with this seminar material.
[01:39:13.800 --> 01:39:14.800]  Okay.
[01:39:14.800 --> 01:39:18.760]  If they stop me, then I just let them do whatever they're going to do and then deal with them
[01:39:18.760 --> 01:39:19.760]  in court.
[01:39:19.760 --> 01:39:20.760]  Yes.
[01:39:20.760 --> 01:39:23.840]  Don't argue with them on the side of the road for your own safety.
[01:39:23.840 --> 01:39:25.840]  Don't do that.
[01:39:25.840 --> 01:39:33.760]  But the piece of advice I do give out freely, buy yourself a digital handheld tape recorder,
[01:39:33.760 --> 01:39:37.920]  preferably one that's got a built-in USB plug where you can download it straight into your
[01:39:37.920 --> 01:39:38.920]  computer.
[01:39:38.920 --> 01:39:41.000]  RCA makes a good one for that.
[01:39:41.000 --> 01:39:46.360]  And every time you encounter a public official anywhere at any time, pull it out, turn it
[01:39:46.360 --> 01:39:49.240]  on and record every word that's said.
[01:39:49.240 --> 01:39:55.960]  And just one more thing, do I have to have, legally have to have an ID and show that?
[01:39:55.960 --> 01:40:01.720]  There is absolutely no law anywhere that requires an American citizen to be issued or to apply
[01:40:01.720 --> 01:40:04.360]  for any kind of identification.
[01:40:04.360 --> 01:40:10.280]  And there's no law that says that you have to identify yourself to any public servant
[01:40:10.280 --> 01:40:11.280]  and police officer.
[01:40:11.280 --> 01:40:15.440]  They can't just walk up to you on the street and ask you for your ID.
[01:40:15.440 --> 01:40:22.180]  Now there's a failure to ID law, but that only applies after you have been arrested.
[01:40:22.180 --> 01:40:27.640]  If you've already been arrested for something else, then if you don't identify yourself,
[01:40:27.640 --> 01:40:29.920]  you're in violation of failure to ID.
[01:40:29.920 --> 01:40:34.360]  But they cannot arrest you for failure to ID.
[01:40:34.360 --> 01:40:36.760]  That's a show your papers society.
[01:40:36.760 --> 01:40:38.200]  And we don't have that.
[01:40:38.200 --> 01:40:41.240]  It's not even on the books and we're not going to let it happen either.
[01:40:41.240 --> 01:40:42.240]  Okay.
[01:40:42.240 --> 01:40:47.960]  Well, what is an appropriate way to ID yourself when you're required to do it or when it's
[01:40:47.960 --> 01:40:48.960]  safe to do it?
[01:40:48.960 --> 01:40:53.320]  Because like for example, you want to prove you are who you are before cashing a check.
[01:40:53.320 --> 01:40:55.040]  Why do you have to prove who you are?
[01:40:55.040 --> 01:40:56.840]  You just tell them who you are.
[01:40:56.840 --> 01:40:59.900]  Well some people won't buy that, but there is a way to do that.
[01:40:59.900 --> 01:41:04.680]  You can go down to the Texas Department of Motor Vehicles, pay them 10 bucks and they'll
[01:41:04.680 --> 01:41:06.560]  make you up a Texas ID.
[01:41:06.560 --> 01:41:10.160]  That's what I'm going to get in lieu of my driver's license.
[01:41:10.160 --> 01:41:16.840]  It looks just like a driver's license, but instead of having a DL number, it has an ID
[01:41:16.840 --> 01:41:17.840]  number.
[01:41:17.840 --> 01:41:18.840]  Okay.
[01:41:18.840 --> 01:41:23.120]  Now the only issue I have with that and the one I will continue to have with that, the
[01:41:23.120 --> 01:41:29.520]  informational giveaway requirements for a state issued ID are exactly the same as they
[01:41:29.520 --> 01:41:31.040]  are for a driver's license.
[01:41:31.040 --> 01:41:34.880]  Give us your social, give us all the information we demand or we're not going to give you an
[01:41:34.880 --> 01:41:37.680]  ID, including blood, thumb prints and urine.
[01:41:37.680 --> 01:41:38.680]  All right?
[01:41:38.680 --> 01:41:39.680]  Oh.
[01:41:39.680 --> 01:41:40.680]  Oh.
[01:41:40.680 --> 01:41:41.680]  So keep that in mind.
[01:41:41.680 --> 01:41:44.720]  Well I don't do that either.
[01:41:44.720 --> 01:41:49.240]  So when you go ask them for identification, they're going to demand one or more of those,
[01:41:49.240 --> 01:41:54.640]  the social security number almost certainly, and they will refuse to issue it without it
[01:41:54.640 --> 01:42:00.500]  unless you fill out that little slip of paper that says you rescinded it.
[01:42:00.500 --> 01:42:05.000]  And if you have not actually rescinded it at the social security administration, then
[01:42:05.000 --> 01:42:07.560]  they've got you for falsifying a government document.
[01:42:07.560 --> 01:42:08.560]  Okay.
[01:42:08.560 --> 01:42:14.040]  I'll rescind that social security too because I've already removed all of my future retirement.
[01:42:14.040 --> 01:42:17.040]  I have nothing anywhere that they can get to.
[01:42:17.040 --> 01:42:21.280]  And so I'm undetermined.
[01:42:21.280 --> 01:42:27.200]  And so I will just, I think for my ID, I'll just keep my expired driver's license.
[01:42:27.200 --> 01:42:29.820]  That's what I use is I use that as a picture ID.
[01:42:29.820 --> 01:42:34.960]  And they tell me, you can't use this expired, I said, it's expired for the purpose of driving.
[01:42:34.960 --> 01:42:37.280]  It is not expired as a picture ID.
[01:42:37.280 --> 01:42:39.760]  That's still my face and it's still state issued.
[01:42:39.760 --> 01:42:40.760]  Yeah.
[01:42:40.760 --> 01:42:47.360]  And even my bank told me that I had to have a, you know, a current ID.
[01:42:47.360 --> 01:42:52.080]  And I'm just, I guess I'm just going to start, you know, and I hope that masses of people
[01:42:52.080 --> 01:42:59.560]  start doing this so that, you know, we can just start some banks that don't ID you or,
[01:42:59.560 --> 01:43:02.240]  I don't know how we're going to work through this mess, but.
[01:43:02.240 --> 01:43:07.040]  Well, I honestly think it would be much better if people got together and started suing their
[01:43:07.040 --> 01:43:12.540]  banking institutions for insisting that their policy is state law.
[01:43:12.540 --> 01:43:16.500]  As government regulated agencies, they have to adhere to the law.
[01:43:16.500 --> 01:43:21.360]  The law says that they are required to request such information.
[01:43:21.360 --> 01:43:25.600]  But if that information is not provided, they are given a specific set of things they are
[01:43:25.600 --> 01:43:28.780]  required to do in lieu of that information.
[01:43:28.780 --> 01:43:33.960]  When they refuse to do that insist that their policy has precedent, they are violating the
[01:43:33.960 --> 01:43:34.960]  law.
[01:43:34.960 --> 01:43:37.000]  Well, yeah, that's right.
[01:43:37.000 --> 01:43:38.000]  Okay.
[01:43:38.000 --> 01:43:43.640]  Well, I've already walked out on somebody that said their policy, you know, interfered
[01:43:43.640 --> 01:43:47.560]  with my right to get my dog shot.
[01:43:47.560 --> 01:43:54.200]  And you know, their policy said, you know, you have to leave your dog here overnight and
[01:43:54.200 --> 01:43:58.800]  we're going to charge you twice as much because your dog, we gave your dog a shot one time
[01:43:58.800 --> 01:44:00.840]  that made it have a reaction.
[01:44:00.840 --> 01:44:04.080]  And so we left because that's my dog.
[01:44:04.080 --> 01:44:07.640]  And if I don't want to pay the extra money and I know how to take care of my dog, if
[01:44:07.640 --> 01:44:13.960]  it has a reaction, then I'm not, if they won't give me my shot, they just denied me the right
[01:44:13.960 --> 01:44:15.960]  to have my dog vaccinated.
[01:44:15.960 --> 01:44:22.440]  Okay, wait a minute, wait a minute, this is, now you're talking to a commercial entity.
[01:44:22.440 --> 01:44:30.440]  They have a right to do that because you don't have a right to have a company provide a service
[01:44:30.440 --> 01:44:31.440]  for you.
[01:44:31.440 --> 01:44:38.920]  And if the company is concerned about potential litigation, they certainly have the right
[01:44:38.920 --> 01:44:43.240]  to determine what business they do and what business they don't.
[01:44:43.240 --> 01:44:45.380]  Well, yeah.
[01:44:45.380 --> 01:44:49.040]  We saw it that way too, so that's why we walked out, we went somewhere who doesn't have that
[01:44:49.040 --> 01:44:50.040]  policy.
[01:44:50.040 --> 01:44:51.040]  Yeah.
[01:44:51.040 --> 01:44:56.040]  And then they have to deal with not making the first money they would have made for asking
[01:44:56.040 --> 01:44:57.040]  for the second bunch.
[01:44:57.040 --> 01:44:58.040]  We really need to move along.
[01:44:58.040 --> 01:44:59.040]  We've got a bunch of callers.
[01:44:59.040 --> 01:45:00.040]  Okay.
[01:45:00.040 --> 01:45:01.040]  Okay.
[01:45:01.040 --> 01:45:02.040]  Thank you, Janet.
[01:45:02.040 --> 01:45:03.040]  Thank you, Janet.
[01:45:03.040 --> 01:45:04.040]  Thank you.
[01:45:04.040 --> 01:45:05.040]  Bye.
[01:45:05.040 --> 01:45:06.040]  Okay.
[01:45:06.040 --> 01:45:07.040]  We're going to go now to Mark in Wisconsin, one of our affiliates.
[01:45:07.040 --> 01:45:08.040]  Mark, thanks for calling in.
[01:45:08.040 --> 01:45:09.040]  What's on your mind tonight?
[01:45:09.040 --> 01:45:15.240]  Oh, I just wanted to offer up that deal again so we can get some money flowing into Rule
[01:45:15.240 --> 01:45:16.240]  of Law Radio.
[01:45:16.240 --> 01:45:20.120]  We only had one order from the weekend, so what I'm going to do is I'm going to extend
[01:45:20.120 --> 01:45:22.800]  it out all the way until this weekend.
[01:45:22.800 --> 01:45:29.440]  So if anyone buys SEED, that's survivorseeds.com, all the proceeds left, the shipping is going
[01:45:29.440 --> 01:45:31.440]  to go to Rule of Law Radio.
[01:45:31.440 --> 01:45:32.440]  Excellent.
[01:45:32.440 --> 01:45:33.440]  Excellent.
[01:45:33.440 --> 01:45:34.440]  Thank you, Mark.
[01:45:34.440 --> 01:45:35.440]  Yes, Mark.
[01:45:35.440 --> 01:45:38.040]  If you have a banner, email it to me so I can put that on the website.
[01:45:38.040 --> 01:45:39.040]  Okay.
[01:45:39.040 --> 01:45:40.040]  I will.
[01:45:40.040 --> 01:45:46.880]  And like I said, we need to get some money flowing into Rule of Law Radio, so go to survivorseeds.com.
[01:45:46.880 --> 01:45:54.840]  The kit is $64, $50 of that will go right to Rule of Law Radio to continue the programming.
[01:45:54.840 --> 01:45:55.840]  Thank you, Mark.
[01:45:55.840 --> 01:45:59.240]  This is a very generous offer to us.
[01:45:59.240 --> 01:46:01.120]  Wait a minute, Mark.
[01:46:01.120 --> 01:46:05.120]  How much of that is going to Randy's beer fund?
[01:46:05.120 --> 01:46:07.360]  Zero.
[01:46:07.360 --> 01:46:08.360]  You're a lightweight.
[01:46:08.360 --> 01:46:11.360]  He got that right.
[01:46:11.360 --> 01:46:16.360]  They don't call me old two-beer Randy for nothing.
[01:46:16.360 --> 01:46:19.560]  Oh, that lady was talking about vaccines and our dogs.
[01:46:19.560 --> 01:46:25.520]  There's at Corbett Report, Corbett with two T's, corbettreport.com, they've got some audio
[01:46:25.520 --> 01:46:30.440]  on vaccines, and they tried for Marisol, which is mercury, on dogs, and they said mercury
[01:46:30.440 --> 01:46:31.440]  is not fit for dogs.
[01:46:31.440 --> 01:46:32.440]  Yes.
[01:46:32.440 --> 01:46:36.440]  It's not fit for dogs, but we'll put it in your kids.
[01:46:36.440 --> 01:46:38.080]  Yeah, exactly.
[01:46:38.080 --> 01:46:41.980]  But anyway, survivorseeds.com, let's bring some money into Rule of Law Radio.
[01:46:41.980 --> 01:46:42.980]  Have a good night.
[01:46:42.980 --> 01:46:43.980]  Thanks, sir.
[01:46:43.980 --> 01:46:44.980]  Yep.
[01:46:44.980 --> 01:46:45.980]  All right.
[01:46:45.980 --> 01:46:46.980]  Thank you, Mark.
[01:46:46.980 --> 01:46:47.980]  Okay.
[01:46:47.980 --> 01:46:48.980]  We're going to continue on now.
[01:46:48.980 --> 01:46:53.200]  We are going to go to Christian in Florida.
[01:46:53.200 --> 01:46:55.080]  Christian, thanks for calling in.
[01:46:55.080 --> 01:46:56.080]  What's on your mind tonight?
[01:46:56.080 --> 01:46:57.080]  Hi, Deborah.
[01:46:57.080 --> 01:46:58.080]  Hello.
[01:46:58.080 --> 01:46:59.080]  Hi, Randy.
[01:46:59.080 --> 01:47:00.080]  Hi, Eddie.
[01:47:00.080 --> 01:47:01.080]  Howdy.
[01:47:01.080 --> 01:47:08.480]  We had put in a mortgage foreclosure case a judicial notice of foreign law, and this
[01:47:08.480 --> 01:47:12.560]  judicial notice disappeared out of the court.
[01:47:12.560 --> 01:47:13.560]  It's no longer on the docket.
[01:47:13.560 --> 01:47:14.560]  It never was on the docket.
[01:47:14.560 --> 01:47:20.600]  But was it submitted and attached to your motion?
[01:47:20.600 --> 01:47:24.160]  Yeah, we have a true and correct copy that was file stamped.
[01:47:24.160 --> 01:47:25.160]  So we sent it in.
[01:47:25.160 --> 01:47:27.560]  You need to file criminal charges against the clerk.
[01:47:27.560 --> 01:47:32.800]  Yes, you do, tampering with a government document and misconduct in office.
[01:47:32.800 --> 01:47:37.280]  We put judicial notice of foreign law in there, and I think this judicial notice jammed the
[01:47:37.280 --> 01:47:38.280]  courts up.
[01:47:38.280 --> 01:47:42.280]  This defendant didn't have any due process.
[01:47:42.280 --> 01:47:45.040]  They never served them.
[01:47:45.040 --> 01:47:50.200]  They attempted to do it several times and never served process.
[01:47:50.200 --> 01:47:52.560]  So they foreclosed on the House.
[01:47:52.560 --> 01:47:57.960]  They're trying to get a motion for summary judgment, and the judge just issued an order
[01:47:57.960 --> 01:48:04.040]  instead of hearing for a status hearing.
[01:48:04.040 --> 01:48:08.240]  File criminal charges because the judge is acting without authority and someone's tampered
[01:48:08.240 --> 01:48:09.240]  with the record.
[01:48:09.240 --> 01:48:16.320]  Yeah, the judge is acting without subject matter jurisdiction, and the way I look at
[01:48:16.320 --> 01:48:23.280]  it, if the judge doesn't have subject matter jurisdiction, it's not my place to make that
[01:48:23.280 --> 01:48:24.280]  determination.
[01:48:24.280 --> 01:48:27.080]  It's his.
[01:48:27.080 --> 01:48:30.480]  Because if he doesn't have subject matter jurisdiction, he's impersonating a public
[01:48:30.480 --> 01:48:33.080]  official and could wind up in prison.
[01:48:33.080 --> 01:48:40.600]  How about if we come in with a motion to dismiss?
[01:48:40.600 --> 01:48:43.520]  I would accompany that with the criminal charges.
[01:48:43.520 --> 01:48:49.680]  The challenge to the jurisdiction, there's only two things he can do.
[01:48:49.680 --> 01:48:55.880]  If he has no jurisdiction, he can dismiss.
[01:48:55.880 --> 01:49:01.840]  That he can do even with no jurisdiction, because that's the logical thing to do.
[01:49:01.840 --> 01:49:05.480]  So he has that power, and that's the thing he must do.
[01:49:05.480 --> 01:49:09.240]  If he doesn't do that, then you file criminal charges against him.
[01:49:09.240 --> 01:49:10.240]  I'd file it anyway.
[01:49:10.240 --> 01:49:15.320]  File criminal charges first and use that as maybe a hedge to force him into that?
[01:49:15.320 --> 01:49:17.040]  Yes.
[01:49:17.040 --> 01:49:20.400]  We don't actually know whether or not the judge had anything to do with it, but we know
[01:49:20.400 --> 01:49:22.400]  that the clerk would.
[01:49:22.400 --> 01:49:23.400]  Doesn't matter.
[01:49:23.400 --> 01:49:26.160]  The judge is over that clerk and that court.
[01:49:26.160 --> 01:49:31.680]  The judge has to look in the record to find his subject matter jurisdiction.
[01:49:31.680 --> 01:49:36.960]  That's the only place he can look, and the record must support subject matter jurisdiction.
[01:49:36.960 --> 01:49:41.320]  If it doesn't, the judge has a problem.
[01:49:41.320 --> 01:49:44.880]  So would you bring criminal charges against the clerk and the judge both?
[01:49:44.880 --> 01:49:45.880]  Yes.
[01:49:45.880 --> 01:49:48.960]  Clerk for tampering and the judge for impersonating.
[01:49:48.960 --> 01:49:49.960]  Okay.
[01:49:49.960 --> 01:49:55.160]  Hopefully, what will happen is you'll scare the clerk so bad that if she or he did not
[01:49:55.160 --> 01:49:57.920]  cause it to disappear, they'll give up who did.
[01:49:57.920 --> 01:49:58.920]  Right.
[01:49:58.920 --> 01:50:06.240]  Yeah, because usually the clerks, they're just glorified secretaries.
[01:50:06.240 --> 01:50:10.960]  When they start getting people hammering on them, they get real nervous real fast.
[01:50:10.960 --> 01:50:14.600]  All right.
[01:50:14.600 --> 01:50:15.600]  Have fun with it.
[01:50:15.600 --> 01:50:16.600]  Okay.
[01:50:16.600 --> 01:50:17.600]  Thanks.
[01:50:17.600 --> 01:50:18.600]  All right.
[01:50:18.600 --> 01:50:19.600]  Thank you.
[01:50:19.600 --> 01:50:20.600]  Okay.
[01:50:20.600 --> 01:50:21.600]  We're going to go to our next caller now.
[01:50:21.600 --> 01:50:23.640]  We've got George in Texas.
[01:50:23.640 --> 01:50:25.560]  George, thanks for calling in.
[01:50:25.560 --> 01:50:28.560]  What's on your mind?
[01:50:28.560 --> 01:50:29.560]  George.
[01:50:29.560 --> 01:50:32.240]  I think he fell asleep.
[01:50:32.240 --> 01:50:33.240]  Okay.
[01:50:33.240 --> 01:50:34.240]  We lost George.
[01:50:34.240 --> 01:50:36.040]  All right, George, if you're out there listening, call back in.
[01:50:36.040 --> 01:50:37.040]  Okay.
[01:50:37.040 --> 01:50:38.040]  We've got Brian from Pennsylvania.
[01:50:38.040 --> 01:50:39.040]  Brian, thanks for calling in.
[01:50:39.040 --> 01:50:40.040]  What's on your mind tonight?
[01:50:40.040 --> 01:50:41.040]  A couple of things.
[01:50:41.040 --> 01:50:52.840]  Before I forget, I wanted to ask about that last person I called in, is it Survivor Seeds
[01:50:52.840 --> 01:50:55.840]  or Survivalist?
[01:50:55.840 --> 01:50:56.840]  Survivorseeds.com.
[01:50:56.840 --> 01:50:57.840]  Yeah.
[01:50:57.840 --> 01:50:58.840]  It's Survivorseeds.com.
[01:50:58.840 --> 01:50:59.840]  Okay.
[01:50:59.840 --> 01:51:00.840]  Cool.
[01:51:00.840 --> 01:51:05.080]  I just wanted to be clear on that for other reasons I won't get into now.
[01:51:05.080 --> 01:51:09.800]  I'm not really keen on supporting that other name that I've mentioned.
[01:51:09.800 --> 01:51:10.800]  Okay.
[01:51:10.800 --> 01:51:21.200]  Anyway, I wanted to get your take on, you might not even know about it, there is right
[01:51:21.200 --> 01:51:29.520]  now it's in the Senate, but it's been read and, you know, referred to committee S1504.
[01:51:29.520 --> 01:51:36.920]  It's Senate Bill 1504, and it goes to Federal Rule 12.
[01:51:36.920 --> 01:51:38.720]  It was introduced by our inspector.
[01:51:38.720 --> 01:51:40.720]  He's my, you know, Pennsylvania.
[01:51:40.720 --> 01:51:42.720]  Well, what is he now?
[01:51:42.720 --> 01:51:43.720]  He is a Democrat.
[01:51:43.720 --> 01:51:48.720]  He was a Republican because, you know, he was so dedicated.
[01:51:48.720 --> 01:51:52.720]  Do you know of that, this bill?
[01:51:52.720 --> 01:51:54.280]  No.
[01:51:54.280 --> 01:51:57.280]  How does it address Rule 12?
[01:51:57.280 --> 01:51:59.280]  You want me to read it?
[01:51:59.280 --> 01:52:00.280]  Yes.
[01:52:00.280 --> 01:52:01.280]  Okay.
[01:52:01.280 --> 01:52:11.400]  This act may be cited as the Notice Fleeting Restoration Act of 2009, is the short title.
[01:52:11.400 --> 01:52:16.960]  It says the full, you know, not just the title, but the full wording, you know, just for expedited
[01:52:16.960 --> 01:52:24.400]  radio stuff, except as otherwise expressly provided by an act of Congress or by an amendment
[01:52:24.400 --> 01:52:29.720]  to the Federal Rules of Civil Procedure, which takes effect after the date of enactment of
[01:52:29.720 --> 01:52:30.720]  this act.
[01:52:30.720 --> 01:52:37.720]  A federal court shall not dismiss a complaint under Rule 12B6 or E of the Federal Rules
[01:52:37.720 --> 01:52:42.360]  of Civil Procedure, except under the standards set forth by the Supreme Court of the United
[01:52:42.360 --> 01:52:48.440]  States in Connolly v. Gibson, 355 U.S. 41, 1957.
[01:52:48.440 --> 01:52:52.080]  I was reading through Connolly v. Gibson, but I didn't quite understand what they're
[01:52:52.080 --> 01:52:53.080]  getting to there.
[01:52:53.080 --> 01:52:57.760]  Okay, that's 355 U.S. 41?
[01:52:57.760 --> 01:52:58.760]  Correct.
[01:52:58.760 --> 01:52:59.760]  Okay.
[01:52:59.760 --> 01:53:00.760]  1541.
[01:53:00.760 --> 01:53:01.760]  Okay.
[01:53:01.760 --> 01:53:08.920]  Let me go, I'll go pull that up on Lexus.
[01:53:08.920 --> 01:53:15.040]  So I just, I question, I know Rule 12 is big, and it's, you know, I believe that's the fundamental
[01:53:15.040 --> 01:53:19.360]  construct of, you know, our objection, preliminary, you know.
[01:53:19.360 --> 01:53:25.360]  So the statute itself is not clear as to what it refers to.
[01:53:25.360 --> 01:53:29.080]  I suspect that this is a controlling case.
[01:53:29.080 --> 01:53:30.080]  Right.
[01:53:30.080 --> 01:53:35.720]  And I was reading through Connolly v. Gibson, I thought it was, it sounded like it was at
[01:53:35.720 --> 01:53:41.800]  first discrimination, but what I think it's being cited here for isn't a discrimination
[01:53:41.800 --> 01:53:42.800]  issue.
[01:53:42.800 --> 01:53:48.560]  It's something else, a finer point of the opinion of the court, you know.
[01:53:48.560 --> 01:53:49.560]  It was a reversal.
[01:53:49.560 --> 01:53:58.160]  The Supreme Court did reverse the decision of the Appeals Court in Connolly v. Gibson.
[01:53:58.160 --> 01:54:00.360]  Okay, got it up.
[01:54:00.360 --> 01:54:05.320]  Petitioners, African American railroad workers sought review of a decision from the United
[01:54:05.320 --> 01:54:10.760]  States Court of Appeals of the Fifth Circuit that affirmed the dismissal of an action under
[01:54:10.760 --> 01:54:18.520]  Railroad Labor Act 45 U.S.C. 151 against Respondent Union where they sought to compel their
[01:54:18.520 --> 01:54:24.240]  collective bargaining agent to represent them fairly and held that the Railroad Adjustment
[01:54:24.240 --> 01:54:27.080]  Board had exclusive jurisdiction over the controversy.
[01:54:27.080 --> 01:54:33.240]  Let me go down to the headnotes and see if I can find Rule 12.
[01:54:33.240 --> 01:54:39.720]  Exclusive bargaining agent under the railway is obligated to represent all employees, no.
[01:54:39.720 --> 01:54:44.080]  A complaint should not be dismissed for failure to state a claim unless it appears beyond
[01:54:44.080 --> 01:54:51.120]  doubt that a plaintiff can prove no set of facts in support of his claim.
[01:54:51.120 --> 01:54:56.640]  Discrimination in representation because of race, that's not going to be it.
[01:54:56.640 --> 01:55:04.120]  Railway Labor Act is in an attempt to aid collective action by employees, confers great
[01:55:04.120 --> 01:55:06.880]  power and protection on the bargaining agent.
[01:55:06.880 --> 01:55:09.360]  I don't see anything that goes to Rule 12.
[01:55:09.360 --> 01:55:15.080]  Well, it is at the very bottom of the footnotes when I was looking through it, but, you know,
[01:55:15.080 --> 01:55:19.160]  maybe it's something that you could, you know, look into and I could call back, you know,
[01:55:19.160 --> 01:55:22.160]  instead of just going over it the first time, you know, on the air.
[01:55:22.160 --> 01:55:25.120]  I just wanted to see if you guys knew about it, get it out there.
[01:55:25.120 --> 01:55:31.280]  Okay, send me an email to Brian so that I can look it up for the next show.
[01:55:31.280 --> 01:55:35.920]  I got a footnote hit on footnote 9 on Rule 12.
[01:55:35.920 --> 01:55:39.600]  Rule 12E, motion for more definite statement.
[01:55:39.600 --> 01:55:44.120]  Rule 12L, motion to strike portions of the pleading.
[01:55:44.120 --> 01:55:46.840]  Rule 12, motion on the pleadings.
[01:55:46.840 --> 01:55:50.520]  Rule 16, okay.
[01:55:50.520 --> 01:55:56.600]  It spoke above and this one's got a, this one is marked red, so I'd have to shepherdize
[01:55:56.600 --> 01:55:58.080]  it.
[01:55:58.080 --> 01:56:04.000]  There is a reference above to dismissal for failure to state a claim.
[01:56:04.000 --> 01:56:09.560]  And here, Rule 12E, motion for more definite statement.
[01:56:09.560 --> 01:56:16.440]  Just as a guess before I really research the whole thing closely, it seems what, like what
[01:56:16.440 --> 01:56:26.000]  Specter is referring to is the court throwing out cases just out of hand claiming that they
[01:56:26.000 --> 01:56:31.640]  state no claim for which relief can be had.
[01:56:31.640 --> 01:56:38.880]  And here, Rule 12E, they can require a motion for more definite statement.
[01:56:38.880 --> 01:56:46.960]  So before they get, can approve the motion to strike pleading, 12L, they get an opportunity
[01:56:46.960 --> 01:56:54.460]  to file a more definite statement, opportunity to fix the motion.
[01:56:54.460 --> 01:57:01.400]  So that if you file a pleading and it's insufficient, it's not sudden death.
[01:57:01.400 --> 01:57:04.600]  That's what that appears like, but it takes study in the case to be sure.
[01:57:04.600 --> 01:57:05.600]  All right.
[01:57:05.600 --> 01:57:09.520]  Well, listen, we're just about at the end of the show.
[01:57:09.520 --> 01:57:12.200]  We've got like a minute left, a minute and a half left.
[01:57:12.200 --> 01:57:13.200]  That's fine.
[01:57:13.200 --> 01:57:15.200]  I will look at that, Brian.
[01:57:15.200 --> 01:57:16.200]  Okay.
[01:57:16.200 --> 01:57:17.200]  Thanks, Brian.
[01:57:17.200 --> 01:57:18.760]  I just want to try to cram in this one last call.
[01:57:18.760 --> 01:57:19.760]  Thanks, Brian.
[01:57:19.760 --> 01:57:20.760]  Okay.
[01:57:20.760 --> 01:57:23.400]  We're going to go now to Rick in Texas.
[01:57:23.400 --> 01:57:24.400]  I'm sorry, Rick.
[01:57:24.400 --> 01:57:25.400]  We're almost out of time.
[01:57:25.400 --> 01:57:26.400]  Go ahead.
[01:57:26.400 --> 01:57:27.400]  Do you have something quickly for us?
[01:57:27.400 --> 01:57:28.400]  Yeah, I do.
[01:57:28.400 --> 01:57:29.400]  I'm sorry.
[01:57:29.400 --> 01:57:30.400]  I lost the signal.
[01:57:30.400 --> 01:57:31.840]  It was on Friday night.
[01:57:31.840 --> 01:57:37.040]  And to recap my issue was I showed up for my court date, my jury trial, actually, on
[01:57:37.040 --> 01:57:38.040]  July 27th, 9 a.m.
[01:57:38.040 --> 01:57:39.040]  Courtroom was closed.
[01:57:39.040 --> 01:57:40.040]  I said I demand a jury trial now.
[01:57:40.040 --> 01:57:41.040]  They sent the bailiffs up.
[01:57:41.040 --> 01:57:42.040]  The bailiffs were rude.
[01:57:42.040 --> 01:57:43.040]  This is something I'll...
[01:57:43.040 --> 01:57:52.040]  Well, anyway, I know Randy was talking about the letter I sent was probably not good enough.
[01:57:52.040 --> 01:57:54.680]  Actually, I should put it in a motion.
[01:57:54.680 --> 01:57:55.680]  So I've got that straight.
[01:57:55.680 --> 01:58:00.920]  I'll put it in a motion tomorrow and we're saying to send it in a registered mail.
[01:58:00.920 --> 01:58:03.200]  You guys still there?
[01:58:03.200 --> 01:58:04.200]  Yeah.
[01:58:04.200 --> 01:58:05.200]  Yes, we're here.
[01:58:05.200 --> 01:58:07.200]  Yeah, we have about 30 seconds.
[01:58:07.200 --> 01:58:08.200]  So go ahead.
[01:58:08.200 --> 01:58:12.840]  So anyway, you know, I'm just kind of confused on a couple of things to do besides put it
[01:58:12.840 --> 01:58:15.960]  in a motion to dismiss and send it to the judge.
[01:58:15.960 --> 01:58:16.960]  And really should I be...
[01:58:16.960 --> 01:58:17.960]  Okay, wait.
[01:58:17.960 --> 01:58:18.960]  We're out of time now.
[01:58:18.960 --> 01:58:19.960]  Call back Friday.
[01:58:19.960 --> 01:58:20.960]  We'll address this.
[01:58:20.960 --> 01:58:21.960]  Yes, or Thursday.
[01:58:21.960 --> 01:58:22.960]  All right, then.
[01:58:22.960 --> 01:58:23.960]  Okay.
[01:58:23.960 --> 01:58:24.960]  Thank you, Rick.
[01:58:24.960 --> 01:58:25.960]  We'll jump you to the head of the list.
[01:58:25.960 --> 01:58:26.960]  Oh, I appreciate it.
[01:58:26.960 --> 01:58:27.960]  Okay.
[01:58:27.960 --> 01:58:28.960]  Thank you.
[01:58:28.960 --> 01:58:29.960]  Take care.
[01:58:29.960 --> 01:58:30.960]  Okay.
[01:58:30.960 --> 01:58:31.960]  That's it for tonight.
[01:58:31.960 --> 01:58:36.720]  The rule of law, Randy Kelton, Deborah Stevens, Eddie Craig, we will be back Thursday night
[01:58:36.720 --> 01:58:38.840]  at 8 p.m.
[01:58:38.840 --> 01:58:43.720]  Please email us and let us know concerning your interest in the seminar so we can set
[01:58:43.720 --> 01:58:47.200]  a date and get this thing going, get this show on the road.
[01:58:47.200 --> 01:58:48.200]  We'll be back Thursday.
[01:58:48.200 --> 01:59:15.960]  Thank you for having me.
[01:59:15.960 --> 01:59:17.960]  Nobody's talking about me
[01:59:19.960 --> 01:59:22.960]  If you are a Chucky, Chucky
[01:59:22.960 --> 01:59:25.960]  Nobody's talking about me
[01:59:27.960 --> 01:59:29.960]  I'm like a stepping-in-way
[01:59:29.960 --> 01:59:31.960]  Watch my eyes
[01:59:31.960 --> 01:59:34.960]  I'm dangerous, I'm dangerous
[01:59:34.960 --> 01:59:37.960]  I'm like a jumping-in-raiser
[01:59:37.960 --> 01:59:39.960]  Watch my eyes
[01:59:39.960 --> 01:59:42.960]  I'm dangerous, dangerous
[01:59:42.960 --> 01:59:45.960]  If you eat, I'm gone
[01:59:46.960 --> 01:59:49.960]  If you drink, let's be cool
[01:59:49.960 --> 01:59:52.960]  If you drink, let's move
[01:59:52.960 --> 02:00:20.960]  If you drink, let's be cool