ROL_2010-02-12_16k_Hr3-4.timecode

[00:00.000 --> 00:05.280]  This news brief is brought to you by the International News Network.
[00:05.280 --> 00:10.320]  Venezuelan President Hugo Chavez has shifted strategy and awarded contracts to Western
[00:10.320 --> 00:13.560]  oil companies headed by oil giant Chevron.
[00:13.560 --> 00:19.400]  In 2008, Venezuela nationalized foreign oil companies' assets, imposing higher royalties
[00:19.400 --> 00:24.160]  and subjecting their executives to raids by tax authorities.
[00:24.160 --> 00:30.480]  Egyptian Army General Mohammed Omar has warned that the widespread hatred toward the policies
[00:30.480 --> 00:35.640]  of Finance Minister Yousef Butras Ghali could lead to his assassination.
[00:35.640 --> 00:43.400]  Omar described as inhumane wages paid to nurses and doctors who earn as little as $40 a month.
[00:43.400 --> 00:48.440]  By a 2 to 1 margin, Americans support an end to tax cuts for the wealthy.
[00:48.440 --> 00:54.520]  According to the latest New York Times-CBS news poll, Americans blame George Bush, Wall
[00:54.520 --> 00:59.560]  Street and Congress much more than they do President Obama for the nation's economic
[00:59.560 --> 01:01.880]  problems and budget deficit.
[01:01.880 --> 01:06.640]  Fewer than 1 in 10 Americans say members of Congress deserve re-election.
[01:06.640 --> 01:12.560]  Top of the hour news brought to you by INN World Report.
[01:12.560 --> 01:16.960]  Two former Blackwater employees have accused the company of defrauding the U.S. government
[01:16.960 --> 01:22.920]  for years, including billing for a Filipina prostitute on its payroll in Afghanistan.
[01:22.920 --> 01:29.920]  Melon Davis and her husband Brad said Blackwater listed the woman as moral welfare recreation.
[01:29.920 --> 01:35.800]  The most notorious incident involving Blackwater was the shooting of 17 Iraqis in Baghdad in
[01:35.800 --> 01:37.240]  2007.
[01:37.240 --> 01:42.320]  Court records say the couple had personal knowledge of the company falsifying invoices,
[01:42.320 --> 01:47.280]  double billing federal agencies and charging the government for personal and inappropriate
[01:47.280 --> 01:50.000]  items whose real purpose was hidden.
[01:50.000 --> 01:53.960]  They said they witnessed systematic fraud on the company's security contracts with
[01:53.960 --> 01:58.520]  the State Department in Iraq and Afghanistan and with the Department of Homeland Security
[01:58.520 --> 02:08.400]  and FEMA after Hurricane Katrina.
[02:08.400 --> 02:14.000]  John Farmer, a senior counsel for the 9-11 Commission, has revealed in a new book, Irrefutable
[02:14.000 --> 02:21.600]  Evidence, that a day after a September 17, 2001 White House briefing, the FAA and NORAD
[02:21.600 --> 02:27.280]  suddenly altered their chronologies to produce a coherent timeline and story that fit together
[02:27.280 --> 02:33.120]  nicely with the account provided publicly by Deputy Defense Secretary Wolfowitz and
[02:33.120 --> 02:35.040]  Vice President Cheney.
[02:35.040 --> 02:39.520]  Farmer says Paul Wolfowitz and Dick Cheney gave false versions touting the military's
[02:39.520 --> 02:45.320]  readiness to shoot down United Flight 93 before it could hit Washington.
[02:45.320 --> 02:48.520]  Farmer says planes were never in place to intercept it.
[02:48.520 --> 02:53.680]  By the time the Northeast Air Defense Sector had been informed of the hijacking, United
[02:53.680 --> 02:55.680]  93 had already crashed.
[02:55.680 --> 03:08.280]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:08.280 --> 03:13.280]  talk radio at its best.
[03:13.280 --> 03:40.800]  Well I received my remedy today, came in a box just like they say, I accepted it for
[03:40.800 --> 03:50.960]  no value right away, it's now clear, not later, we are originators, and the pathway seems to
[03:50.960 --> 03:59.960]  get straighter every day, and I can take anything that belongs to me and put it to good use,
[03:59.960 --> 04:06.560]  whatever's good for the gander, it's gonna work for the good.
[04:06.560 --> 04:11.560]  Okay, we are back, we're talking with Rodney in Texas, okay Randy, you were talking about
[04:11.560 --> 04:15.280]  filing a cross complaint against the Attorney General.
[04:15.280 --> 04:16.280]  Yes.
[04:16.280 --> 04:20.400]  And Shirley and Shane, just hang on, you guys are next.
[04:20.400 --> 04:27.840]  Okay, the attorney, no one had any authority to represent this guy when the accusation
[04:27.840 --> 04:36.200]  is, and this hinges on the nature of the accusation, when the accusation is that the public official
[04:36.200 --> 04:44.200]  is acting outside the scope of his authority, when a person acts outside the scope of official
[04:44.200 --> 04:55.560]  authority, they have no immunity, so he can't claim immunity until he proves up authority
[04:55.560 --> 05:03.960]  to act, once he proves up authority to act, now he can go to the county attorney or district
[05:03.960 --> 05:08.640]  attorney or attorney general, if the attorney general has come down to assist the district
[05:08.640 --> 05:16.440]  attorney, then he can use their resources, but not until he proves that he has subject
[05:16.440 --> 05:22.380]  matter jurisdiction, and that's why we made the claim when we filed against Judge Evans
[05:22.380 --> 05:29.280]  here in Austin, we claimed that the judge acted outside the limits of his authority,
[05:29.280 --> 05:35.960]  so in that capacity, he's acting on his own, and he has to pay his own attorney for that.
[05:35.960 --> 05:38.920]  Hold on, what district is Evans?
[05:38.920 --> 05:40.640]  Pardon me?
[05:40.640 --> 05:43.840]  What district is Judge Evans in?
[05:43.840 --> 05:46.000]  Is he a JP court?
[05:46.000 --> 05:48.440]  Yeah, this one was a JP court.
[05:48.440 --> 05:54.560]  Yeah, because that name, that's the same guy, well, anyway.
[05:54.560 --> 06:03.080]  Okay, Judge Herb Evans is the justice of the peace in Austin here, he's the guy that has
[06:03.080 --> 06:08.880]  the office in the courthouse, on the first floor of the old courthouse.
[06:08.880 --> 06:17.640]  That my case is pending, but nevertheless, I have no qualms with him yet, but my issue
[06:17.640 --> 06:24.880]  is how do you file a cross complaint against this attorney general, and where's the statutes
[06:24.880 --> 06:33.120]  to point out that this person that I filed against, the defendant, has not proved up
[06:33.120 --> 06:34.120]  anything yet.
[06:34.120 --> 06:43.520]  I mean, what do you think, because at this point, I'm arguing, you know, trying to point
[06:43.520 --> 06:49.240]  out to the court that this attorney general is completely out of line here.
[06:49.240 --> 06:58.040]  Well, unless the attorney general has been asked by the district attorney or county attorney
[06:58.040 --> 07:05.600]  to assist in the prosecution, he has no authority, and if this is in a justice of the peace court,
[07:05.600 --> 07:09.040]  I have no idea how the attorney general can get there.
[07:09.040 --> 07:16.640]  I'm telling you, I have the complete answer, this person hasn't been asked to do anything
[07:16.640 --> 07:22.040]  by anybody, it looks like this is a bloody, bloody deal between this assistant attorney
[07:22.040 --> 07:30.120]  general and the defendant that I'm trying to deal with, and they just decided, you know
[07:30.120 --> 07:34.240]  what, we'll just walk right in here and do this.
[07:34.240 --> 07:41.840]  And so, you know, I know it's against, oh, by the way, I heard you talking about misappropriation
[07:41.840 --> 07:51.560]  of funds, and, you know, is that a crime, and where are the penalties for, you know,
[07:51.560 --> 07:52.560]  like...
[07:52.560 --> 07:57.840]  39.02 Texas penal code.
[07:57.840 --> 08:03.360]  And I seem to think from last night's show that you mentioned that if, in fact, an attorney
[08:03.360 --> 08:10.120]  general was doing what this attorney's assistant attorney general is doing, wouldn't that fall
[08:10.120 --> 08:13.080]  under misappropriation of funds?
[08:13.080 --> 08:14.520]  Absolutely.
[08:14.520 --> 08:24.600]  If he's getting paid for what he's doing, and he has no authority to prosecute a case
[08:24.600 --> 08:29.320]  in a justice of the peace court, then he is misappropriating funds.
[08:29.320 --> 08:34.360]  And that's what we claimed against the county attorney.
[08:34.360 --> 08:41.320]  County attorney entered an answer that stated that when a judge acts within his subject
[08:41.320 --> 08:47.760]  matter jurisdiction, he is immune from suit, and we entered an answer that said we absolutely
[08:47.760 --> 08:55.440]  stipulate to the truth of that, and that if, in fact, the judge had been acting within
[08:55.440 --> 09:01.160]  his subject matter jurisdiction, we will stipulate that he has absolute immunity.
[09:01.160 --> 09:12.560]  However, the accusation was not that the judge, while acting within his subject matter jurisdiction,
[09:12.560 --> 09:14.880]  did anything inappropriate.
[09:14.880 --> 09:21.800]  The accusation was that he did not have subject matter jurisdiction, and the answer by the
[09:21.800 --> 09:29.200]  county attorney was non-responsive, as it did not respond to the accusation.
[09:29.200 --> 09:35.320]  We moved that it be stricken, counterclaim against the county attorney for misappropriation
[09:35.320 --> 09:43.040]  of public funds, for creating the answer, until that judge paid his own attorney to
[09:43.040 --> 09:50.520]  prove that he had subject matter jurisdiction, he had no right to representation by the state.
[09:50.520 --> 09:57.200]  And until this individual, if you charge the individual with acting outside the scope of
[09:57.200 --> 10:04.360]  his authority, he has no right to use the public funds to defend him until he proves
[10:04.360 --> 10:07.800]  that he was acting within the scope of his authority.
[10:07.800 --> 10:08.800]  Right.
[10:08.800 --> 10:09.800]  Okay.
[10:09.800 --> 10:14.320]  And how the attorney general got there, I have no idea.
[10:14.320 --> 10:26.800]  I'm telling you, to say that this is government gone buck wild is an understatement.
[10:26.800 --> 10:34.040]  I don't even know, I know my friends, they're looking at this case with me, and they believe
[10:34.040 --> 10:41.160]  that there's some type of vendetta against me, I mean, to come for the attorney general.
[10:41.160 --> 10:47.760]  How common, Randy, or Deborah, or Eddie, is it for the attorney general to come down to
[10:47.760 --> 10:50.840]  a small claims court or a JP court?
[10:50.840 --> 10:51.840]  Never heard of such a thing.
[10:51.840 --> 10:54.040]  Say it again?
[10:54.040 --> 10:56.120]  Never heard of it.
[10:56.120 --> 11:00.360]  Never heard of an attorney general coming to a JP court.
[11:00.360 --> 11:10.440]  Now, what you need to request from the attorney general is the request document from the county
[11:10.440 --> 11:12.720]  attorney.
[11:12.720 --> 11:19.200]  The county attorney has to request that the attorney general assist him, and you demand
[11:19.200 --> 11:26.040]  the request and demand that the request show cause as to why the attorney general was used
[11:26.040 --> 11:33.520]  instead of the county attorney, because effectively the attorney general has no authority.
[11:33.520 --> 11:42.600]  Now, the attorney general attorneys are bar card carrying attorneys, supposedly, and what
[11:42.600 --> 11:52.040]  the county attorney can do is deputize an attorney general attorney under the authority
[11:52.040 --> 12:00.040]  of the county attorney, because that's the only way the attorney general attorney would
[12:00.040 --> 12:03.600]  have authority to act.
[12:03.600 --> 12:08.120]  So you want to see the deputization.
[12:08.120 --> 12:13.520]  You want to see the request to the attorney general for an attorney to assist the county
[12:13.520 --> 12:15.360]  attorney in this prosecution.
[12:15.360 --> 12:23.520]  If they don't have one, then you raise a rule 12 challenge.
[12:23.520 --> 12:29.720]  Rule 12 is where the attorney has to show his authority, and it looks like this guy
[12:29.720 --> 12:31.320]  doesn't have it.
[12:31.320 --> 12:32.320]  Okay.
[12:32.320 --> 12:38.920]  And just finally, the, well, I'm going to leave it on that note, because there's several
[12:38.920 --> 12:45.240]  other people waiting, but I mean, this is really good stuff here.
[12:45.240 --> 12:51.960]  I know that I started off like, you know, it's kind of a hopeless thing, but I mean,
[12:51.960 --> 12:59.120]  it just kind of surprised me when the defendant's lawyer turned out to be the assistant attorney
[12:59.120 --> 13:00.120]  general.
[13:00.120 --> 13:06.000]  And then when I did my legal research, I discovered that they're not even supposed to be getting
[13:06.000 --> 13:16.840]  involved in private lawsuits like this, but the law doesn't seem to stop these people.
[13:16.840 --> 13:19.880]  Until you start going after them personally.
[13:19.880 --> 13:20.880]  Right.
[13:20.880 --> 13:21.880]  Right.
[13:21.880 --> 13:23.760]  What about a bar grievance?
[13:23.760 --> 13:25.960]  Do you think that would be a-
[13:25.960 --> 13:26.960]  Oh, yes.
[13:26.960 --> 13:29.200]  I think you should do that just for yucks.
[13:29.200 --> 13:30.200]  Okay.
[13:30.200 --> 13:31.680]  All right.
[13:31.680 --> 13:37.960]  Every time this attorney frowns at you, you should file another bar grievance.
[13:37.960 --> 13:38.960]  Just for the heck of it.
[13:38.960 --> 13:39.960]  Thank you very much, guys.
[13:39.960 --> 13:40.960]  Sorry for being so long-winded.
[13:40.960 --> 13:41.960]  Well, thank you.
[13:41.960 --> 13:42.960]  All right.
[13:42.960 --> 13:43.960]  That's all right.
[13:43.960 --> 13:48.960]  Thanks, Rodney, for fighting in there for us.
[13:48.960 --> 13:50.720]  Okay.
[13:50.720 --> 13:56.240]  We are going to go now to Shirley in Arizona, and then we'll go to Shane.
[13:56.240 --> 13:57.240]  Go ahead, Shirley.
[13:57.240 --> 13:58.240]  What's on your mind?
[13:58.240 --> 13:59.240]  What's your question?
[13:59.240 --> 14:00.240]  Hi, there.
[14:00.240 --> 14:05.640]  I called in yesterday evening when there was about two and a half minutes left on your show,
[14:05.640 --> 14:08.160]  and so we had to rush right through things.
[14:08.160 --> 14:14.080]  And I did send two emails to Randy, I don't know if he had an opportunity to take a look
[14:14.080 --> 14:15.080]  at them.
[14:15.080 --> 14:21.440]  This has to do with the case of Richard I. Fine, who is what I would call a political
[14:21.440 --> 14:25.900]  prisoner in the Los Angeles County Men's Jail.
[14:25.900 --> 14:28.200]  Did you have an opportunity to look at those?
[14:28.200 --> 14:32.200]  I saw the email, but I didn't have time to read it.
[14:32.200 --> 14:33.200]  Okay.
[14:33.200 --> 14:37.920]  It would seem like it's a very complicated case, but I'll try and break it down.
[14:37.920 --> 14:45.520]  I'm looking for help for exposure to this gentleman who is an international antitrust
[14:45.520 --> 14:46.520]  attorney.
[14:46.520 --> 14:53.600]  He can practice before the Supreme Court, and for the past 10 years, he's been having
[14:53.600 --> 15:01.640]  great difficulties in Los Angeles because, as he found out about five years into his
[15:01.640 --> 15:10.480]  prosecution, or presenting cases before the Superior Court in Los Angeles, that the LA
[15:10.480 --> 15:19.040]  County judges are taking basically bribes from the County of Los Angeles.
[15:19.040 --> 15:26.480]  According to California statutes and the Constitution, they are to be paid by and through the state
[15:26.480 --> 15:27.480]  legislature.
[15:27.480 --> 15:35.040]  But they're taking about $60,000, $40,000 to $60,000 a year each, which puts their salary
[15:35.040 --> 15:41.280]  up in the about $250,000 a year, which is more money than what the...
[15:41.280 --> 15:43.320]  The President makes.
[15:43.320 --> 15:44.320]  Yeah.
[15:44.320 --> 15:47.720]  It's more money than the Supreme Court judges make.
[15:47.720 --> 15:52.320]  They do not declare it according to the county.
[15:52.320 --> 15:59.720]  They're paying this money to retain the judges because it's very difficult to get judges.
[15:59.720 --> 16:06.080]  Interestingly enough, that almost 100% of the cases that come before them, and these
[16:06.080 --> 16:15.360]  would be eminent domain cases, child protective custody cases, the gamut of what comes before
[16:15.360 --> 16:23.240]  them, when the plaintiff or defendant is the county, the county never loses.
[16:23.240 --> 16:25.520]  That goes to a RICO suit.
[16:25.520 --> 16:26.520]  Yeah.
[16:26.520 --> 16:34.600]  Well, he brought before them and would attempt to get the judge refused and point out that
[16:34.600 --> 16:36.080]  they were taking money illegally.
[16:36.080 --> 16:45.200]  They were being bribed by the county, and lo and behold, he was put in jail in court
[16:45.200 --> 16:46.200]  through confinement.
[16:46.200 --> 16:47.200]  Okay.
[16:47.200 --> 16:48.200]  Hold on, Sharlee.
[16:48.200 --> 16:49.200]  Hold on.
[16:49.200 --> 16:50.200]  Sharlee, hold on.
[16:50.200 --> 16:51.200]  We're going to break.
[16:51.200 --> 16:52.200]  Okay.
[16:52.200 --> 16:53.200]  We'll pick this up on the other side.
[16:53.200 --> 17:00.000]  We've got Shane from New York is next, callers 512-646-1984, we'll be right back.
[17:00.000 --> 17:04.080]  You feel tired when talking about important topics like money and politics?
[17:04.080 --> 17:07.320]  Are you confused by words like the Constitution or the Federal Reserve?
[17:07.320 --> 17:08.320]  What?
[17:08.320 --> 17:12.200]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[17:12.200 --> 17:17.720]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[17:17.720 --> 17:18.960]  at an early age.
[17:18.960 --> 17:22.920]  I had no idea that the number one cause of the disease is found in almost every home
[17:22.920 --> 17:24.960]  in America, the television.
[17:24.960 --> 17:30.080]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[17:59.840 --> 18:08.840]  Well, don't let none get to you, only the Father can deliver you, so don't let bad-minded
[18:08.840 --> 18:12.840]  people hurt you, until Satan gets behind you.
[18:12.840 --> 18:15.840]  Know what I mean, my friend?
[18:15.840 --> 18:33.000]  All right, trust in God, my friend.
[18:33.000 --> 18:38.840]  Call on His name again, miracles, you know He works, my friend.
[18:38.840 --> 18:41.840]  Okay, we're talking with Shirley in Arizona.
[18:41.840 --> 18:44.840]  Okay, Shirley, please continue.
[18:44.840 --> 18:52.200]  Okay, and in coercive, he was put in last March, so he's not going to be in there almost
[18:52.200 --> 18:58.120]  a year, which is he's only supposed to be held there five days, if they can't get the
[18:58.120 --> 19:01.760]  information out of him in five days in coercive confinement.
[19:01.760 --> 19:07.680]  He has no bail, no bond, no trial date, and no release date.
[19:07.680 --> 19:08.680]  He's virtually in there.
[19:08.680 --> 19:12.640]  Wait a minute, wait a minute, has anyone filed a writ of habeas corpus in his behalf?
[19:12.640 --> 19:21.480]  He has, he files his own cases, he has a telephone in his room that he can call out, nobody can
[19:21.480 --> 19:22.480]  call in.
[19:22.480 --> 19:23.480]  Okay, he's an attorney?
[19:23.480 --> 19:24.480]  Yes.
[19:24.480 --> 19:25.480]  And he hasn't been disbarred?
[19:25.480 --> 19:28.480]  He is a high-powered attorney.
[19:28.480 --> 19:32.480]  Okay, something else is going on here.
[19:32.480 --> 19:37.080]  Well, they're keeping his mouth shut by keeping him in there.
[19:37.080 --> 19:38.080]  No attorney in California takes this case.
[19:38.080 --> 19:41.080]  No, wait a minute, wait a minute, there's something else going on here, we're not getting
[19:41.080 --> 19:42.080]  everything.
[19:42.080 --> 19:48.800]  You know, to say that they take a high-powered attorney and throw him in jail and hold him
[19:48.800 --> 19:55.160]  for a year and just hush up everything, something else is going on.
[19:55.160 --> 19:56.160]  We're not getting everything.
[19:56.160 --> 19:58.800]  You need to look at those emails I sent you, sir.
[19:58.800 --> 20:00.320]  I'm looking for it now.
[20:00.320 --> 20:01.320]  What was your email address?
[20:01.320 --> 20:03.360]  This is scary stuff that's happening.
[20:03.360 --> 20:08.720]  Has anybody gone and pulled the record from the, from the clerk of the courts on this
[20:08.720 --> 20:09.720]  case?
[20:09.720 --> 20:10.720]  Oh, absolutely.
[20:10.720 --> 20:16.440]  He keeps getting turned down on his writ of habeas corpus.
[20:16.440 --> 20:21.360]  He had a trial, he had a date that he was supposed to appear about two months ago.
[20:21.360 --> 20:24.000]  Did he file a federal habeas?
[20:24.000 --> 20:25.560]  Pardon?
[20:25.560 --> 20:30.560]  Federal habeas?
[20:30.560 --> 20:32.560]  Federal habeas, I'm not familiar with that.
[20:32.560 --> 20:35.240]  Did he file a habeas corpus in the federal court?
[20:35.240 --> 20:37.480]  I believe so.
[20:37.480 --> 20:40.320]  And the federal court refused to hear it?
[20:40.320 --> 20:42.360]  That's right.
[20:42.360 --> 20:43.360]  Something's missing.
[20:43.360 --> 20:44.360]  That's right.
[20:44.360 --> 20:46.160]  There's something seriously wrong.
[20:46.160 --> 20:52.280]  Most interestingly, one other little twist to this, most interestingly, when this started
[20:52.280 --> 20:59.080]  to go down around the February, when they knew they were going to have to shut him up,
[20:59.080 --> 21:05.840]  in February, the California state legislature was convened very quickly and they passed
[21:05.840 --> 21:13.240]  a law, it's SBX 2-11, which has not yet been codified.
[21:13.240 --> 21:18.920]  And although it's the law, it's basically not being codified, it's hidden from the public,
[21:18.920 --> 21:19.920]  which is...
[21:19.920 --> 21:20.920]  SBX?
[21:20.920 --> 21:28.400] ...resurrected immunity to all of the judges about this very payment from LA County to
[21:28.400 --> 21:30.280]  LA County judges.
[21:30.280 --> 21:36.080]  So it's a special statute specifically granting immunity to LA...
[21:36.080 --> 21:39.520]  Yeah, but the problem is that's an ex post facto law.
[21:39.520 --> 21:43.280]  If the law said they were violating it in the beginning, they would be violating it
[21:43.280 --> 21:45.680]  anyway at the time they took the payments.
[21:45.680 --> 21:47.760]  So that legislative act would not help them.
[21:47.760 --> 21:53.760]  You can look up these laws exactly on these websites.
[21:53.760 --> 21:54.760]  It will give you...
[21:54.760 --> 21:57.040]  There's a free Richard Fine website.
[21:57.040 --> 22:01.680]  There's a full disclosure website and it goes into detail.
[22:01.680 --> 22:07.480]  You folks that understand the law much better than I do, he represented me in a multimillion
[22:07.480 --> 22:13.000]  dollar class action lawsuit against the developers of Lake Havasu City, Arizona.
[22:13.000 --> 22:15.840]  So he was my attorney for five years.
[22:15.840 --> 22:23.280]  I know that he's a white hat, good guy attorney representing the small guy and he's sitting
[22:23.280 --> 22:25.680]  in jail.
[22:25.680 --> 22:31.800]  Remember exposing the corrupt judges, the criminals that wear judicial robes in Southern
[22:31.800 --> 22:32.800]  California.
[22:32.800 --> 22:33.800]  Okay.
[22:33.800 --> 22:35.840]  I'm looking for your email.
[22:35.840 --> 22:38.320]  Do you remember what day you sent it?
[22:38.320 --> 22:43.480]  I sent it yesterday evening, sir, right after we talked, so it would be right after you
[22:43.480 --> 22:44.480]  went off the air.
[22:44.480 --> 22:45.480]  Yeah.
[22:45.480 --> 22:46.480]  I vaguely...
[22:46.480 --> 22:47.480]  I remember seeing that.
[22:47.480 --> 22:48.480]  I'm looking for it.
[22:48.480 --> 22:52.920]  I sent them to both the websites that you heard, both the email addresses that were on your
[22:52.920 --> 22:53.920]  website.
[22:53.920 --> 22:54.920]  Okay.
[22:54.920 --> 22:55.920]  Okay.
[22:55.920 --> 22:57.960]  So that'll be Randy at...
[22:57.960 --> 22:58.960]  Okay.
[22:58.960 --> 23:00.040]  I need to look at this.
[23:00.040 --> 23:02.560]  I will be frank.
[23:02.560 --> 23:11.840]  When someone calls in and proposes something that sounds incredibly preposterous, in my
[23:11.840 --> 23:20.620]  experience as I dig deeper, most of the time, I find out I'm not getting the whole story,
[23:20.620 --> 23:22.120]  but not all of the time.
[23:22.120 --> 23:23.120]  Okay.
[23:23.120 --> 23:27.840]  Do you have a website on this that you could give out for our listeners to go and look
[23:27.840 --> 23:28.840]  at?
[23:28.840 --> 23:32.040]  I can give you a couple of websites.
[23:32.040 --> 23:34.160]  I don't have a website.
[23:34.160 --> 23:37.560]  When I found out that he was in jail, I went over and visited him.
[23:37.560 --> 23:42.200]  Oh, by the way, they will not let the press in to see him.
[23:42.200 --> 23:45.160]  The press is not allowed in to visit Richard.
[23:45.160 --> 23:53.040]  Well, usually no one is allowed to visit inmates unless they're on the visitation list.
[23:53.040 --> 23:59.920]  If you're an inmate, you can't just have anybody come visit you.
[23:59.920 --> 24:03.640]  You have a list, and generally, it's a very short list.
[24:03.640 --> 24:08.680]  You get three people on your list, so that does not surprise me at all that the press
[24:08.680 --> 24:09.680]  can't get in.
[24:09.680 --> 24:12.320]  Nobody's going to get in except whoever's on his visitation list.
[24:12.320 --> 24:16.440]  Well, I wasn't on the visitation list, and I got in to see him.
[24:16.440 --> 24:17.440]  He's in the hospital.
[24:17.440 --> 24:18.440]  Well, that's very bizarre.
[24:18.440 --> 24:19.440]  Yeah.
[24:19.440 --> 24:20.440]  It may be different in California.
[24:20.440 --> 24:26.080]  He's in confinement, and he's in solitary confinement because he can't be in with the
[24:26.080 --> 24:27.080]  general population.
[24:27.080 --> 24:28.080]  Because?
[24:28.080 --> 24:31.080]  He'd probably educate them.
[24:31.080 --> 24:34.080]  Yeah, he'd educate them.
[24:34.080 --> 24:43.600]  Well, an attorney in with some of the men's jail in LA County probably wouldn't last very
[24:43.600 --> 24:44.600]  long.
[24:44.600 --> 24:49.800]  Well, as long as he wasn't one of the attorneys that let him get there.
[24:49.800 --> 24:52.440]  I don't see that that would really be a problem.
[24:52.440 --> 24:54.600]  Most likely, they'd want to take his brain for free.
[24:54.600 --> 25:01.960]  I visited him, and I wasn't on a list, and I got to stay and visit with him for about
[25:01.960 --> 25:02.960]  an hour.
[25:02.960 --> 25:03.960]  Okay.
[25:03.960 --> 25:04.960]  Send me another email.
[25:04.960 --> 25:05.960]  I get so many.
[25:05.960 --> 25:10.760]  Why don't you give out the websites over the air that have information about this so our
[25:10.760 --> 25:13.640]  listeners can look this up?
[25:13.640 --> 25:23.720]  The one website that you can go to very directly would be fulldisclosure.net.
[25:23.720 --> 25:32.480]  Another one you could go to would be... Let me give you... Let me pull up something else
[25:32.480 --> 25:33.480]  here.
[25:33.480 --> 25:34.480]  Okay.
[25:34.480 --> 25:35.480]  Here it is.
[25:35.480 --> 25:49.640]  His daughter has just graduated from college, and she got her story, which she laid it out
[25:49.640 --> 25:53.800]  beautifully, and it happens to be at huffingtonpost.com.
[25:53.800 --> 25:55.440]  Okay.
[25:55.440 --> 25:56.440]  Say that again.
[25:56.440 --> 25:57.440]  Huffington Post.
[25:57.440 --> 25:58.440]  Can you spell that?
[25:58.440 --> 25:59.440]  Huffington.
[25:59.440 --> 26:00.440]  H-U-F-F-I-N-G-T-O-N.
[26:00.440 --> 26:01.440]  H-U-F-F-I-N-G-T-O-N.
[26:01.440 --> 26:20.000]  H-U-F-F-I-N-G-T-O-N-T-O-S-T, huffingtonpost.com slash Victoria and dash fine.
[26:20.000 --> 26:26.320]  The rest of it is my dad tried to do right, but I think you'll get it if you go huffingtonpost.com
[26:26.320 --> 26:31.800]  slash Victoria hyphen fine.
[26:31.800 --> 26:35.400]  That tells a good story.
[26:35.400 --> 26:43.520]  And then the fulldisclosure.net will get you into quite a bit of the information.
[26:43.520 --> 26:45.880]  You can Google Richard I.
[26:45.880 --> 26:54.000]  Fine, and you will get monumental amounts of information about this case.
[26:54.000 --> 26:59.960]  And I need help getting exposure, because once the country knows about it, to keep a
[26:59.960 --> 27:12.120]  person like that in jail for exposing judges' corruption, if the judges are bought off by
[27:12.120 --> 27:18.760]  governmental entities, our rule of law is gone.
[27:18.760 --> 27:20.560]  There is no rule of law.
[27:20.560 --> 27:21.560]  Okay.
[27:21.560 --> 27:27.120]  So this goes to what I primarily try to do is go after judges.
[27:27.120 --> 27:33.440]  And in California, you have an exceptionally good grand jury system.
[27:33.440 --> 27:42.000]  What we need is the facts put together cogently and succinctly, and we need a lot of people
[27:42.000 --> 27:43.880]  taking them to the grand jury.
[27:43.880 --> 27:51.800]  If we actually have a real attorney out there, we need to act in his defense.
[27:51.800 --> 27:58.960]  Please, he's a good man.
[27:58.960 --> 27:59.960]  Okay.
[27:59.960 --> 28:04.320]  I will study this website.
[28:04.320 --> 28:13.800]  Any clear information I can get would sure be helpful, because frankly, I am swamped.
[28:13.800 --> 28:17.560]  I do have some contacts in California I'll get a hold of.
[28:17.560 --> 28:18.560]  Okay.
[28:18.560 --> 28:20.560]  I've got one in particular I'm thinking of.
[28:20.560 --> 28:26.480]  How do I talk with you directly, not necessarily on the air?
[28:26.480 --> 28:30.120]  I think my phone number will be there, so if you care to call me.
[28:30.120 --> 28:31.120]  Okay.
[28:31.120 --> 28:32.120]  Send me a new email.
[28:32.120 --> 28:33.120]  I will look for it.
[28:33.120 --> 28:37.000]  I remember seeing that email, but it's buried so deep I can't find it.
[28:37.000 --> 28:38.000]  Okay.
[28:38.000 --> 28:40.960]  I will send it to you right after I get off the phone.
[28:40.960 --> 28:46.960]  Okay, put the subject line in uppercase.
[28:46.960 --> 28:48.560]  Put subject line what?
[28:48.560 --> 28:49.560]  In uppercase.
[28:49.560 --> 28:50.560]  Okay.
[28:50.560 --> 28:52.600]  And what would you like me to say there?
[28:52.600 --> 28:53.600]  Doesn't matter.
[28:53.600 --> 28:56.760]  If it's in uppercase, I pay special attention to it.
[28:56.760 --> 28:57.760]  Okay.
[28:57.760 --> 29:01.040]  I think I put the last one as political prisoner.
[29:01.040 --> 29:04.880]  I remember seeing that, but I'm digging through my stuff and can't find it.
[29:04.880 --> 29:05.880]  Okay.
[29:05.880 --> 29:06.880]  I will send it to you again.
[29:06.880 --> 29:07.880]  No worries.
[29:07.880 --> 29:08.880]  Okay.
[29:08.880 --> 29:09.880]  Thank you.
[29:09.880 --> 29:14.160]  If you put Randy's beer fund in it, he'll read it first above all of us.
[29:14.160 --> 29:15.160]  Absolutely.
[29:15.160 --> 29:16.160]  Oh, boy.
[29:16.160 --> 29:18.760]  Just to indicate you got another nickel.
[29:18.760 --> 29:19.760]  Oh, my goodness.
[29:19.760 --> 29:20.760]  Fair enough.
[29:20.760 --> 29:21.760]  I love it.
[29:21.760 --> 29:24.760]  Thank you for listening to me again.
[29:24.760 --> 29:28.880]  It won't help me now because it's all going to Michael Bannerich's fund.
[29:28.880 --> 29:30.120]  We'll talk about what?
[29:30.120 --> 29:33.560]  It's all going to Michael Bannerich's fund, what he has in the beer fund right now.
[29:33.560 --> 29:34.560]  That's right.
[29:34.560 --> 29:35.560]  That one.
[29:35.560 --> 29:36.560]  He needs more.
[29:36.560 --> 29:37.560]  Okay.
[29:37.560 --> 29:38.560]  Okay.
[29:38.560 --> 29:39.560]  Thanks, Shirley.
[29:39.560 --> 29:40.560]  Okay.
[29:40.560 --> 29:43.480]  We're going to go to Shane as soon as we get back on the other side.
[29:43.480 --> 29:44.480]  And that's it.
[29:44.480 --> 29:45.880]  The call board is open after Shane.
[29:45.880 --> 30:00.080]  So callers, if you'd like to call in 512-646-1984, I'll be right back.
[30:00.080 --> 30:04.760]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[30:04.760 --> 30:08.920]  Stop debt collectors now with the Michael Mears proven method.
[30:08.920 --> 30:13.240]  Michael Mears has won six cases in federal court against debt collectors, and now you
[30:13.240 --> 30:14.240]  can win too.
[30:14.240 --> 30:19.080]  You'll get step-by-step instructions in plain English on how to win in court using federal
[30:19.080 --> 30:24.840]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[30:24.840 --> 30:29.480]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[30:29.480 --> 30:33.680]  financial tables on them and make them pay you to go away.
[30:33.680 --> 30:38.800]  The Michael Mears proven method is the solution for how to stop debt collectors.
[30:38.800 --> 30:40.720]  Financial consultation is available as well.
[30:40.720 --> 30:46.440]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[30:46.440 --> 30:49.480]  or email michaelmears at yahoo.com.
[30:49.480 --> 30:58.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[30:58.440 --> 31:01.440]  collectors now.
[31:01.440 --> 31:09.440]  Yeah, yeah.
[31:09.440 --> 31:13.440]  Oh.
[31:13.440 --> 31:17.440]  Mm-hmm.
[31:17.440 --> 31:21.440]  Yeah.
[31:21.440 --> 31:26.440]  I won.
[31:26.440 --> 31:30.440]  Oh, I won.
[31:30.440 --> 31:38.440]  I won't let you pull the wool over my eye.
[31:38.440 --> 31:45.440]  I guess they must refuse your nose, also covered in lies.
[31:45.440 --> 31:53.440]  It seems you like the face, but please take some words to the wise.
[31:53.440 --> 32:01.440]  Stop trying to pull the wool over my eye.
[32:01.440 --> 32:24.440]  I won't let you pull the wool over my eye.
[32:24.440 --> 32:39.440]  And orange is an orange and will never be an apple.
[32:39.440 --> 32:42.440]  These images are no good.
[32:42.440 --> 32:47.440]  It is no tough concept to grapple.
[32:47.440 --> 32:50.440]  It's just too much to bear.
[32:50.440 --> 32:54.440]  Don't wear your evil shackles
[32:55.440 --> 32:57.440]  The bluebird is a bluebird
[32:58.440 --> 33:02.440]  And will never be a grackle
[33:02.440 --> 33:06.440]  Don't wear your evil shackles
[33:06.440 --> 33:08.440]  Yeah
[33:16.440 --> 33:18.440]  Please stop this
[33:23.440 --> 33:27.440]  Okay, we are back, we're taking your calls
[33:27.440 --> 33:31.440]  We're gonna go to Shane in New York, it looks like we have Ken and Jim
[33:31.440 --> 33:34.440]  We're gonna go to Shane, Shane, thanks for calling in
[33:34.440 --> 33:36.440]  What's on your mind?
[33:36.440 --> 33:38.440]  Hi Randy, hi Deborah, how you doing?
[33:38.440 --> 33:40.440]  Hey
[33:40.440 --> 33:42.440]  Glad to finally be on the radio
[33:42.440 --> 33:48.440]  I have a federal case here in the Western District of New York for altering a passport
[33:48.440 --> 33:52.440]  because I said I was an American, not a United States citizen
[33:52.440 --> 33:57.440]  This indictment came down two years ago
[33:57.440 --> 34:01.440]  And to make a long story short, they sent me to a psych center
[34:01.440 --> 34:06.440]  I got out confident and I got two more brand new indictments
[34:06.440 --> 34:11.440]  And the federal magistrate that ordered me to go there
[34:11.440 --> 34:17.440]  basically told the U.S. Attorney, called him vindictive
[34:17.440 --> 34:22.440]  and said to have retaliation against me based on my political beliefs
[34:22.440 --> 34:26.440]  because I'm a huge Ron Paul supporter up here in New York
[34:26.440 --> 34:30.440]  And the case proceeded, went to the federal judge
[34:30.440 --> 34:36.440]  And Randy, I just want to let you know, I did file a civil suit in the federal court
[34:36.440 --> 34:39.440]  and now they postponed it to trial
[34:39.440 --> 34:42.440]  Did you file a civil suit against the judge?
[34:42.440 --> 34:43.440]  No
[34:43.440 --> 34:46.440]  What was the nature of the suit?
[34:46.440 --> 34:53.440]  I didn't do that because of his comments of calling the U.S. Attorney vindictive
[34:53.440 --> 34:58.440]  Wait, I missed something. What was the nature of the suit?
[34:58.440 --> 35:04.440]  The nature of the suit, well, I put it together by myself so it wasn't done perfectly
[35:04.440 --> 35:11.440]  But it's the whole idea that I haven't received zero discovery on the case at all
[35:11.440 --> 35:15.440]  on my federal case, and I basically just sued the U.S. Attorney
[35:15.440 --> 35:19.440]  What were your causes of action in your suit?
[35:19.440 --> 35:23.440]  Cause of action is, I don't even know where to start
[35:23.440 --> 35:25.440]  There's so many of them, Randy
[35:25.440 --> 35:31.440]  Okay, wait, wait, wait, now let me specify what I'm asking here
[35:31.440 --> 35:36.440]  I'm not asking what the No Good Rotten Scoundrels did
[35:36.440 --> 35:46.440]  When you make a civil complaint, you must make the complaint in terms of a defined cause of action
[35:46.440 --> 35:51.440]  You can't just say, well, that scoundrel did this and the scoundrel did that
[35:51.440 --> 36:03.440]  Similar to a criminal case where the state must allege a violation of a statute
[36:03.440 --> 36:07.440]  In a civil case, you must allege a cause of action
[36:07.440 --> 36:19.440]  And a cause of actions are defined for each state in what those things you can sue in a civil court are
[36:19.440 --> 36:24.440]  Fraud, fraud by down disclosure, conversion, false imprisonment
[36:24.440 --> 36:33.440]  These are all defined as causes of action, and each one of them has a certain set of elements that must be proved
[36:33.440 --> 36:42.440]  If you didn't file your suit in terms of causes of action, they'll just toss it
[36:42.440 --> 36:43.440]  Okay
[36:43.440 --> 36:49.440]  They're not going to be concerned about it, so if they haven't dismissed it out of hand yet
[36:49.440 --> 36:50.440]  Nothing
[36:50.440 --> 36:56.440]  Then what you need to do is do a search in New York for causes of action
[36:56.440 --> 37:01.440]  And then file an amended petition naming causes of action
[37:01.440 --> 37:07.440]  I'll reach up here and get my causes of action book
[37:07.440 --> 37:13.440]  Okay, I've got one here for Texas, and I'll give you an example of what I'm talking about
[37:13.440 --> 37:16.440]  Let me just turn to one of them, I have them all marked
[37:16.440 --> 37:18.440]  Fraud's always a good cause of action
[37:18.440 --> 37:20.440]  Fraud's always a good cause of action
[37:20.440 --> 37:23.440]  Fraud, common law fraud
[37:23.440 --> 37:27.440]  If you want to accuse them of fraud, this is what you have to accuse them of
[37:27.440 --> 37:31.440]  The defendant made a representation to the plaintiff
[37:31.440 --> 37:34.440]  The representation was material
[37:34.440 --> 37:37.440]  The representation was false
[37:37.440 --> 37:43.440]  When the defendant made the representation, the defendant, one, knew the representation was false
[37:43.440 --> 37:52.440]  Or made a representation recklessly as a positive assertion and without knowledge of its truth
[37:52.440 --> 37:59.440]  The defendant made the representation with the intent that the plaintiff act on it
[37:59.440 --> 38:08.440]  The plaintiff relied on the representation and the representation called the plaintiff injury
[38:08.440 --> 38:15.440]  For each thing that you claim that they did
[38:15.440 --> 38:21.440]  You need to go through causes of action and find the causes of action that fits it
[38:21.440 --> 38:26.440]  And you must plead each element
[38:26.440 --> 38:31.440]  Now this is the technical part of filing a civil action
[38:31.440 --> 38:36.440]  If you don't do this for each cause of action
[38:36.440 --> 38:42.440]  You'll get this rather standard thing that a lot of proceeds get
[38:42.440 --> 38:48.440]  Petitioner makes no claim for which recovery can be had
[38:48.440 --> 38:54.440]  So if you haven't done it in terms of causes of action
[38:54.440 --> 39:00.440]  Then find it for New York and here's how you do that
[39:00.440 --> 39:05.440]  Call around to a number of law firms in your local area and say
[39:05.440 --> 39:13.440]  Hey guys, I'm homeschooling the kids here and they want a course in law
[39:13.440 --> 39:20.440]  So I want to get them some law books that they can kind of look over and get an idea of how things work
[39:20.440 --> 39:28.440]  Do you have any old litigation guides from like last year or the year before that you need to get rid of
[39:28.440 --> 39:32.440]  That I can come and get out of your way?
[39:32.440 --> 39:38.440]  If you call three law firms, one I'm going to tell you, come and get them out of here
[39:38.440 --> 39:44.440]  I've got Texas O'Connor's causes of action
[39:44.440 --> 39:53.440]  This book in 2008 cost 140 bucks
[39:53.440 --> 40:01.440]  And this book a friend of mine got from a law firm for nothing just to get it out of there
[40:01.440 --> 40:04.440]  You want a litigation guide
[40:04.440 --> 40:06.440]  That's what this is
[40:06.440 --> 40:12.440]  Now in Texas O'Connor's and Thompson puts out a litigation guide
[40:12.440 --> 40:17.440]  In different states you'll have different people who put out the litigation guides
[40:17.440 --> 40:23.440]  And if you're trying to address a case, these are what you need
[40:23.440 --> 40:27.440]  Attorneys don't have to know anything about the law
[40:27.440 --> 40:30.440]  They just go to the litigation guide
[40:30.440 --> 40:35.440]  This is causes of action but I also have one civil trials
[40:35.440 --> 40:40.440]  Say someone says well you really need to file a writ of mandamus
[40:40.440 --> 40:43.440]  What do you know about a writ of mandamus?
[40:43.440 --> 40:46.440]  I don't know squat about a writ of mandamus
[40:46.440 --> 40:53.440]  So I go to my Texas civil trials and the first half of the book is the practice guide
[40:53.440 --> 40:59.440]  And I look up writ of mandamus and I turn to it and it says this is what a writ of mandamus is
[40:59.440 --> 41:02.440]  This is when you file a writ of mandamus
[41:02.440 --> 41:05.440]  This is all the case law in support of a writ of mandamus
[41:05.440 --> 41:09.440]  And then it goes to this is how you defend against a writ of mandamus
[41:09.440 --> 41:12.440]  It tells you everything you need to know about it
[41:12.440 --> 41:14.440]  So the attorney doesn't need to know all this stuff
[41:14.440 --> 41:17.440]  He just goes to the litigation guide and just follows the routine
[41:17.440 --> 41:21.440]  And also look for forms
[41:21.440 --> 41:28.440]  I have O'Connor's federal forms and O'Connor's Texas forms
[41:28.440 --> 41:36.440]  If I want to file a writ of mandamus I'll pull up O'Connor's Texas forms for writ of mandamus
[41:36.440 --> 41:42.440]  And it has the whole writ with every element you have to have in it
[41:42.440 --> 41:46.440]  And it has just blanks you just fill in the blanks
[41:46.440 --> 41:48.440]  Wow thanks Randy
[41:48.440 --> 41:53.440]  Well Randy just what in the heck do they teach these punks in law school anyway
[41:53.440 --> 41:56.440]  If they're not teaching them how to litigate
[41:56.440 --> 41:58.440]  They're afraid of the judge
[41:58.440 --> 42:00.440]  Yeah well no they don't even teach them that
[42:00.440 --> 42:02.440]  They don't find that out until they get out
[42:02.440 --> 42:05.440]  They teach them legal theory
[42:05.440 --> 42:08.440]  They don't teach them anything about how to practice law
[42:08.440 --> 42:11.440]  What kind of legal theory?
[42:11.440 --> 42:16.440]  Oh this is what contract is and this is what constitutes a contract
[42:16.440 --> 42:18.440]  And this is how you prove a contract
[42:18.440 --> 42:20.440]  They don't teach them how to file a motion
[42:20.440 --> 42:23.440]  They don't teach them how to get a motion put on for jury
[42:23.440 --> 42:27.440]  What the heck good is all this ivory tower stuff if it's not going to help them
[42:27.440 --> 42:30.440]  It's background, it's basics
[42:30.440 --> 42:37.440]  And then they get out and they learn the practice working for a law firm or something
[42:37.440 --> 42:44.440]  And in this case the books that are out there, the litigation guide
[42:44.440 --> 42:48.440]  They cover all of the stuff that the lawyers don't get in law school
[42:48.440 --> 42:51.440]  That's why they call it practicing law
[42:51.440 --> 42:53.440]  They're still practicing
[42:53.440 --> 42:56.440]  So if you get the litigation guide
[42:56.440 --> 43:02.440]  You will be amazed at how concise and succinct it is
[43:02.440 --> 43:06.440]  You don't have to go through a lot of legal mumbo jumbo
[43:06.440 --> 43:12.440]  It will tell you like in reading common law fraud
[43:12.440 --> 43:16.440]  It doesn't just tell me what the elements are
[43:16.440 --> 43:23.440]  From the elements it goes to the case law in support of each element
[43:23.440 --> 43:29.440]  So in your pleading you have all of the case law you need
[43:29.440 --> 43:34.440]  You just walk right down it like in this one I'm looking at fraud by non-disclosure
[43:34.440 --> 43:39.440]  The elements can be found in the following and it lists case law
[43:39.440 --> 43:41.440]  Okay listen we're going to break
[43:41.440 --> 43:44.440]  Shane did you have anything else you need to stay on with us for?
[43:44.440 --> 43:46.440]  I interrupted you
[43:46.440 --> 43:48.440]  Hold on what is that Shane?
[43:48.440 --> 43:50.440]  I just have one question but I'll wait to come back
[43:50.440 --> 43:53.440]  Okay stay on the line Shane we'll be right back
[43:53.440 --> 43:55.440]  We've got Ken, Jim and Freeman
[43:55.440 --> 44:24.440]  We'll be taking your calls on the other side
[44:24.440 --> 44:27.440]  This product has the ability to rebuild cartilage and bone
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[44:40.440 --> 44:42.440]  Or in your storage shelter
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[44:56.440 --> 45:23.440]  Or visit us at hempusa.org today
[45:23.440 --> 45:28.440]  As always I must be careful what I'm wishing for
[45:28.440 --> 45:33.440]  When I'm hungry I like to do just what I'm fishing for
[45:33.440 --> 45:39.440]  I ain't asking for much I ain't trying to be no glutton
[45:39.440 --> 45:45.440]  I'm just here making my living pushing buttons
[45:45.440 --> 45:51.440]  I give my message out to anyone who's shouting distance
[45:51.440 --> 45:56.440]  Both for bravery and against slavery showing resistance
[45:56.440 --> 46:01.440]  First I'm crawling then I'm walking then I start strutting
[46:01.440 --> 46:19.440]  I'm just so glad to make my living pushing buttons
[46:19.440 --> 46:24.440]  So we sat down to play Monopoly we all wanted to win the games
[46:24.440 --> 46:27.440]  We gave some guy this money supply
[46:27.440 --> 46:30.440]  We must have not been thinking this way
[46:30.440 --> 46:35.440]  After some time the worth of my dime got beat down to damn near nothing
[46:35.440 --> 46:41.440]  I might have been doing all right until I make my living pushing buttons
[46:41.440 --> 46:47.440]  Yeah, whoa
[46:47.440 --> 46:51.440]  Alrighty, we are back. We're speaking with our friend Shane
[46:51.440 --> 46:55.440]  And our good friends pushing the buttons
[46:55.440 --> 46:58.440]  Putting the message of liberty out in the air
[46:58.440 --> 47:01.440]  My good friend WayOutWest
[47:01.440 --> 47:03.440]  That song is dedicated to him
[47:03.440 --> 47:05.440]  And we are going back to Shane
[47:05.440 --> 47:09.440]  Okay, Shane, go ahead. You were saying you had one other question
[47:09.440 --> 47:15.440]  Yes, I just want to let you know they raided my mom and dad's house twice
[47:15.440 --> 47:17.440]  In a matter of two years
[47:17.440 --> 47:22.440]  And they stole all my DVDs and everything like that
[47:22.440 --> 47:24.440]  They had an old valet warrant
[47:24.440 --> 47:26.440]  I didn't know what a valet warrant was at the time
[47:26.440 --> 47:30.440]  Okay, wait a minute, stop. Who raided?
[47:30.440 --> 47:35.440]  FBI, Homeland Security, I mean every agency you could possibly think of
[47:35.440 --> 47:41.440]  Okay, go to who is your local federal magistrate?
[47:41.440 --> 47:43.440]  I know who he is
[47:43.440 --> 47:47.440]  Okay, prepare a letter to the federal magistrate
[47:47.440 --> 47:55.440]  And demand the cause number for all warrants issued by the magistrate
[47:55.440 --> 47:59.440]  Over a time period spanning the time when your parents were raided
[47:59.440 --> 48:01.440]  Okay, Randy
[48:01.440 --> 48:07.440]  That have been issued, sealed, and subsequently executed
[48:07.440 --> 48:13.440]  So that you may take those cause numbers to the federal court
[48:13.440 --> 48:18.440]  And petition for a writ of mandamus ordering the magistrate to come before the court
[48:18.440 --> 48:26.440]  And show cause as to why the warrants were issued, sealed, and why they're still sealed after execution
[48:26.440 --> 48:28.440]  Okay
[48:28.440 --> 48:30.440]  The magistrate is going to have a fit
[48:30.440 --> 48:38.440]  Especially if you have a warrant with a cause number on it
[48:38.440 --> 48:49.440]  Then petition for a writ of mandamus for the district judge ordering the magistrate to show cause as to why that warrant is sealed
[48:49.440 --> 48:53.440]  Because I have no doubt that these warrants are going to be sealed
[48:53.440 --> 48:58.440]  Right, and the last thing I wanted to ask you, sorry I got one more question
[48:58.440 --> 49:04.440]  Would this be enough evidence to do a conflict of interest removing the U.S. attorney from my case
[49:04.440 --> 49:08.440]  Based on my suit that I filed and based on the judge's comments
[49:08.440 --> 49:11.440]  We did a bar grievance against him
[49:11.440 --> 49:17.440]  But I just don't know what's enough evidence to submit to the court to remove him
[49:17.440 --> 49:20.440]  Because I am by myself on this case
[49:20.440 --> 49:25.440]  Did you make an accusation against the U.S. attorney?
[49:25.440 --> 49:30.440]  Oh yeah, absolutely
[49:30.440 --> 49:37.440]  Did you make an official allegation like in the form of a criminal complaint?
[49:37.440 --> 49:39.440]  I did not do a criminal complaint
[49:39.440 --> 49:43.440]  The only thing I did was my civil rights suit which is
[49:43.440 --> 49:47.440]  Okay, did you name the U.S. attorney in your civil rights suit?
[49:47.440 --> 49:48.440]  Oh yes I did
[49:48.440 --> 49:52.440]  Did you accuse him of a specific cause of action?
[49:52.440 --> 49:54.440]  Yes I did, I understand what you're saying
[49:54.440 --> 49:59.440]  I didn't know how the definition was but now that you explained it nicely on the radio
[49:59.440 --> 50:02.440]  I understand now, yes I did
[50:02.440 --> 50:05.440]  I might have not did a great job on it but yes I think I hit that angle
[50:05.440 --> 50:14.440]  Okay, if you did a semblance of a stumbling crappy job, that's enough
[50:14.440 --> 50:15.440]  Okay
[50:15.440 --> 50:16.440]  It doesn't have to be perfect
[50:16.440 --> 50:22.440]  If you accused him of a specific act that is defined as a cause of action
[50:22.440 --> 50:23.440]  That'll be enough
[50:23.440 --> 50:31.440]  You don't have to say this is a cause of action for fraud by nondisclosure and these are the elements
[50:31.440 --> 50:35.440]  You don't have to do it quite as formally as I indicated it
[50:35.440 --> 50:42.440]  But if you essentially make the claim and include the elements, that's good enough
[50:42.440 --> 50:47.440]  You need to look at it, look up the causes of action and make sure you have all the elements
[50:47.440 --> 50:49.440]  If you don't, file an amended petition
[50:49.440 --> 50:54.440]  And with your amended petition, file a motion to disqualify
[50:54.440 --> 51:02.440]  Anyone named in a petition, the motion to disqualify is a matter of course
[51:02.440 --> 51:06.440]  The U.S. Attorney had a duty to disqualify himself immediately
[51:06.440 --> 51:11.440]  If he didn't, then move for sanctions against the U.S. Attorney
[51:11.440 --> 51:18.440]  But if you're going to win, if you're in the federal court, you really need to go after the federal judge
[51:18.440 --> 51:26.440]  And the way you get to the federal judge is always keep in mind
[51:26.440 --> 51:38.440]  The trial judge has a ministerial duty to apply the law as it comes to him from the higher courts
[51:38.440 --> 51:41.440]  To the facts he develops in the case
[51:41.440 --> 51:48.440]  A trial judge develops facts by testimony and then applies the law to it
[51:48.440 --> 51:56.440]  When there is an appeal, then the appellate court looks at the law and says this is what the law means
[51:56.440 --> 52:01.440]  The appellate court can do that, the trial court cannot
[52:01.440 --> 52:04.440]  He must apply the law to the facts
[52:04.440 --> 52:10.440]  One thing you always want to do when you file a motion
[52:10.440 --> 52:18.440]  Prepare a findings of fact and conclusions at law
[52:18.440 --> 52:22.440]  You list out the facts in the case
[52:22.440 --> 52:27.440]  You demonstrate the law that applies to those facts
[52:27.440 --> 52:32.440]  And you state the only conclusion the court can draw from those facts
[52:32.440 --> 52:34.440]  Have that ready
[52:34.440 --> 52:41.440]  When the judge makes a ruling, you file your findings of fact and conclusions at law
[52:41.440 --> 52:45.440]  And demand that the judge provide you with one
[52:45.440 --> 52:50.440]  And the way we do this is you demand findings of fact and conclusions at law from the judge
[52:50.440 --> 52:58.440]  You include one and ask the judge to accept yours or provide you with his own
[52:58.440 --> 53:06.440]  And you have a right to this because you need this in order to perfect your appeal to the Court of Appeals
[53:06.440 --> 53:09.440]  You need to tell the Court of Appeals
[53:09.440 --> 53:17.440]  This is the law the judge relied on in rendering a decision on these facts
[53:17.440 --> 53:24.440]  And this is why he was incorrect and asked the Court of Appeals to correct it
[53:24.440 --> 53:28.440]  So you follow these steps
[53:28.440 --> 53:31.440]  What it's going to do to the Court is let them know you know the routine
[53:31.440 --> 53:33.440]  You're going to take them to the wall
[53:33.440 --> 53:37.440]  You're a lot more likely to get a positive response if you do it that way
[53:37.440 --> 53:39.440]  Does that make sense?
[53:39.440 --> 53:40.440]  Yeah, it does, Randy, thanks
[53:40.440 --> 53:42.440]  Yeah, this is really starting to come together
[53:42.440 --> 53:44.440]  I paid my dues, I'll tell you that
[53:44.440 --> 53:50.440]  But wouldn't it be too much of a hassle to you if I were to just email you my suit?
[53:50.440 --> 53:51.440]  I got it on PDF
[53:51.440 --> 53:52.440]  I just got it the other day
[53:52.440 --> 53:53.440]  I put it on PDF
[53:53.440 --> 53:59.440]  Okay, email it to me, but if you don't hear from me in three or four days
[53:59.440 --> 54:02.440]  Send me back another email to remind me
[54:02.440 --> 54:08.440]  I'm pretty well-buried and I just put things in my task list and get to them when I can
[54:08.440 --> 54:15.440]  And if you don't hammer me, I lose it and I forget about it
[54:15.440 --> 54:17.440]  It's not because I'm an old buzzard
[54:17.440 --> 54:19.440]  That's not it, honest, honest
[54:19.440 --> 54:21.440]  Well, maybe it is
[54:21.440 --> 54:24.440]  But don't feel like you're hounding me
[54:24.440 --> 54:28.440]  Sometimes I need to be reminded on a regular basis, but yes, send it to me
[54:28.440 --> 54:31.440]  And if you don't get an answer, send me an email
[54:31.440 --> 54:33.440]  Say, what the heck is going on?
[54:33.440 --> 54:36.440]  Wake up, you old buzzard
[54:36.440 --> 54:39.440]  And I will look at it
[54:39.440 --> 54:41.440]  Thanks a lot, Randy, this is enough for now
[54:41.440 --> 54:42.440]  This is really great
[54:42.440 --> 54:47.440]  It's very good news that I have the opportunity to remove him because he's just been
[54:47.440 --> 54:52.440]  I don't want to tell you what he's done to my family and myself over the last two years
[54:52.440 --> 54:55.440]  It's sickening, but thanks a lot, guys
[54:55.440 --> 54:57.440]  All right, thanks, Shane
[54:57.440 --> 54:58.440]  Deborah
[54:58.440 --> 55:02.440]  Okay, all right, we're going to go on now to Ken in Texas
[55:02.440 --> 55:04.440]  Okay, Ken, what's on your mind?
[55:04.440 --> 55:06.440]  What is your question tonight?
[55:06.440 --> 55:07.440]  Well, hi there
[55:07.440 --> 55:13.440]  I just wanted to briefly share a little success I had a few years ago, actually
[55:13.440 --> 55:19.440]  And it's not that I was so great, but it's just I hope someone else can get some good knowledge from it
[55:19.440 --> 55:22.440]  It's actually about some fraud that's occurring in Texas
[55:22.440 --> 55:28.440]  I doubt if they fixed it, but, you know, in Texas you have to have an inspection sticker on the front windshield
[55:28.440 --> 55:32.440]  And a registration sticker on the front of your car
[55:32.440 --> 55:36.440]  Now, those expire every year, so you drive by a policeman
[55:36.440 --> 55:38.440]  Wait, we're losing you
[55:38.440 --> 55:43.440]  It would look current and otherwise they'd pull you over and give you a ticket
[55:43.440 --> 55:46.440]  You know, I mentioned that for the benefit of everybody, not in Texas
[55:46.440 --> 55:48.440]  Ken, can you back up and repeat that?
[55:48.440 --> 55:53.440]  Randy was flipping some papers and it was pretty loud, I couldn't hear what you were saying
[55:53.440 --> 55:54.440]  Okay
[55:54.440 --> 56:00.440]  So start at the point about having to have inspection and registration stickers on your windshield
[56:00.440 --> 56:06.440]  Okay, well, yeah, in Texas you have to have your vehicle registered, pay a fee every year
[56:06.440 --> 56:09.440]  And you have to have it inspected every year
[56:09.440 --> 56:13.440]  And you have to put these paper stickers on your window
[56:13.440 --> 56:20.440]  And the policeman can see these stickers and easily see whether you paid this money
[56:20.440 --> 56:24.440]  And they'll pull you over and give you a ticket if they're not current
[56:24.440 --> 56:33.440]  Well, not too many years into my fight for justice, I decided to let the paper go stale on my windshield
[56:33.440 --> 56:37.440]  So I was traveling around in my vehicle with bad paper
[56:37.440 --> 56:43.440]  And I got pulled over by a Garland policeman and he gave me two tickets
[56:43.440 --> 56:50.440]  He gave me a ticket for expired registration and expired inspection
[56:50.440 --> 56:54.440]  Well, I didn't have much legal experience at the time, but I kept
[56:54.440 --> 57:00.440]  I went to the law library at the direction of some good people
[57:00.440 --> 57:06.440]  And they said, you know, look and find out what the exact code section you're charged with
[57:06.440 --> 57:14.440]  I want to tell you guys, I read those two code sections probably 50 times until the answer popped out at me
[57:14.440 --> 57:16.440]  And here it is, and it's probably still going on now
[57:16.440 --> 57:23.440]  But the code says, paraphrased, you're guilty of a failure to inspect your vehicle
[57:23.440 --> 57:30.440]  If the vehicle is registered in Texas and it is expired
[57:30.440 --> 57:34.440]  But wait, wait, wait, wait, wait, I've been through this myself
[57:34.440 --> 57:44.440]  On inspection, the violation is failure to show the inspection on the windshield
[57:44.440 --> 57:49.440]  On registration is failure to have the registration
[57:49.440 --> 57:58.440]  And the violation in Texas on inspection is not whether you have it or not
[57:58.440 --> 58:02.440]  It's whether you have it displayed
[58:02.440 --> 58:06.440]  It's a fine distinction, but they nail me on it
[58:06.440 --> 58:12.440]  Well, let's also not forget that it specifically states on any motor vehicle required to be registered
[58:12.440 --> 58:16.440]  Okay, we haven't got there yet. We'll probably get to that after the break
[58:16.440 --> 58:18.440]  Okay, Ken, stay on the line, okay?
[58:18.440 --> 58:20.440]  Okay, we'll just be short when we come back
[58:20.440 --> 58:21.440]  All right, very good
[58:21.440 --> 58:25.440]  There we've got Jim, Freeman, and Dominic that are waiting in the wings
[58:25.440 --> 58:27.440]  We've got one more hour here on the rule of law
[58:27.440 --> 58:34.440]  Our Info Marathon Fridays on the rule of law
[58:34.440 --> 58:36.440]  Randy Kelton, Eddie Craig, Deborah Stevens
[58:36.440 --> 58:38.440]  We'll be right back after the top of the hour news
[58:38.440 --> 59:07.440]  Aynan Will reports
[59:07.440 --> 59:09.440]  We'll be right back
[59:37.440 --> 01:00:04.440]  This news brief brought to you by the International News Net
[01:00:04.440 --> 01:00:08.440]  The Senate was sitting on 63 of President Obama's nominees
[01:00:08.440 --> 01:00:12.440]  When Obama warned Senate Minority Leader Mitch McConnell Tuesday
[01:00:12.440 --> 01:00:18.440]  He would be forced to make recess appointments if Republicans didn't stop their unprecedented logjam
[01:00:18.440 --> 01:00:22.440]  The Senate finally confirmed 27 nominees Thursday
[01:00:22.440 --> 01:00:29.440]  Arizona will no longer participate in a groundbreaking attempt to limit greenhouse gas emissions
[01:00:29.440 --> 01:00:34.440]  State officials said the controversial emissions plan would slow the state's economic recovery
[01:00:34.440 --> 01:00:42.440]  The state should focus less on regulations and more on renewable energy and investments by businesses that create green jobs
[01:00:42.440 --> 01:00:51.440]  Muslim American groups are supporting a fatwa, a religious ruling that forbids Muslims from going through enhanced body scanners at airports
[01:00:51.440 --> 01:01:00.440]  The Feet Council of North America says it would violate Islamic rules on modesty
[01:01:00.440 --> 01:01:08.440]  In Uruguay, former dictator Juan Bordaberry was sentenced to 30 years in prison for violating the Constitution
[01:01:08.440 --> 01:01:12.440]  When he led a 1973 coup that began 12 years of dictatorship
[01:01:12.440 --> 01:01:19.440]  The 81-year-old Bordaberry is the second former dictator sentenced to a long prison term in the past four months
[01:01:19.440 --> 01:01:29.440]  As the nation grapples with the 1973-85 dictatorship and its legacy of disappearances, torture, and the exile of thousands of dissidents
[01:01:29.440 --> 01:01:35.440]  Last October, ex-strongman Gregorio Alvarez was sentenced to 25 years
[01:01:35.440 --> 01:01:41.440]  Bordaberry also faces charges for 11 homicides and forced disappearances of dissidents
[01:01:41.440 --> 01:01:53.440]  Elected in 1971, Bordaberry dissolved Congress and banned political parties the following year at the behest of military leaders who seized power in 1973
[01:01:53.440 --> 01:02:02.440]  The military ousted Bordaberry in 1976 and Uruguay remained under the control of a right-wing dictatorship until 1985
[01:02:02.440 --> 01:02:11.440]  He has been in preventative detention since 2006
[01:02:11.440 --> 01:02:22.440]  A freelance journalist whose uncle was killed on 9-11 says newly released photos of the Twin Tower attacks prove the United States government has been lying to us
[01:02:22.440 --> 01:02:29.440]  Manny Badillo, co-founder of We Are Change, says what we see are exploding buildings, not buildings that collapse
[01:02:29.440 --> 01:02:37.440]  Badillo added, what we see from these photos are buildings that are literally turning to dust and the only way that happens is through explosives
[01:02:37.440 --> 01:02:45.440]  Badillo went on, this is corroborated by the hundreds of first responders and survivors and even victims who said they heard explosions
[01:02:45.440 --> 01:02:55.440]  as well as the forensic evidence which has found explosives in the debris of the World Trade Center as well as the chemical signatures of such a type of reaction
[01:02:55.440 --> 01:02:59.440]  Top of the hour news brought to you by Inet
[01:02:59.440 --> 01:03:26.440]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best
[01:03:29.440 --> 01:03:57.440]  All right, we will occupy our father's house
[01:03:57.440 --> 01:04:07.440]  Our father God, his house, this earth, we are stewards of this earth occupying his house until he returns
[01:04:07.440 --> 01:04:10.440]  We are speaking with Ken in Texas
[01:04:10.440 --> 01:04:13.440]  Okay Ken, you said you had one other thing, go ahead
[01:04:13.440 --> 01:04:21.440]  Yeah, well I'm hoping this can help somebody because basically the state has one of their mini scams that
[01:04:21.440 --> 01:04:27.440]  The code said if the vehicle is registered in the state it has to be inspected
[01:04:27.440 --> 01:04:33.440]  And then I also got this other ticket which was for registration not being current
[01:04:33.440 --> 01:04:43.440]  So I just called up the prosecutor and I said wait a minute, if it's registered I have to have it inspected but she just gave me a ticket for not being registered
[01:04:43.440 --> 01:05:00.440]  So you got to drop this and you did, but all over Texas probably hundreds of thousands of times a year the cops give people tickets for expired registration and expired inspection
[01:05:00.440 --> 01:05:06.440]  And only one of them can stick at a time, not both, isn't this crazy?
[01:05:06.440 --> 01:05:17.440]  That's a good point, so I interrupted you inappropriately, I didn't understand where you were going, that is a very good point
[01:05:17.440 --> 01:05:31.440]  And then I think Eddie's going to go to the fact that the police officer failed to prove that, show probable cause that you were acting in commerce
[01:05:31.440 --> 01:05:36.440]  Correct, that's an even much better, more sophisticated argument
[01:05:36.440 --> 01:05:45.440]  But yours is, that's a good point, I hadn't considered that, we need to put that in the line of succession
[01:05:45.440 --> 01:05:56.440]  No registration then you're not required to have a safety sticker, you can't get a safety sticker unless you're registered
[01:05:56.440 --> 01:06:00.440]  So it's inappropriate to charge for both
[01:06:00.440 --> 01:06:10.440]  And I'm sure they have literally collected millions of dollars across Texas over the years by giving people these two tickets but only one of them can stand
[01:06:10.440 --> 01:06:15.440]  I'd love to see somebody do a class action suit, get that money back to charity or something
[01:06:15.440 --> 01:06:24.440]  Oh we have a lot bigger class action than that, Eddie you there?
[01:06:24.440 --> 01:06:25.440]  Yeah I'm here
[01:06:25.440 --> 01:06:41.440]  Okay, he will demonstrate how you can't get to the registration because the officer has to prove that you're acting in commerce before they can get to registration
[01:06:41.440 --> 01:06:51.440]  Yeah it's very clear in the code that only a person can commit any of the offenses involved in the transportation code including lack of registration, driver's license and all that
[01:06:51.440 --> 01:07:06.440]  It says at the very beginning of the transportation code in 1.002 that the government code chapter 311 code construction act controls the definitions within the transportation code regarding person
[01:07:06.440 --> 01:07:17.440]  The term person as defined in the government code specifically says that it applies to legal entities, corporations, associations, governmental entities and agencies and blah blah blah
[01:07:17.440 --> 01:07:23.440]  Does not talk about the people at all, no man, no woman, just legal entities
[01:07:23.440 --> 01:07:34.440]  So when you go through the code section by section and piece by piece it becomes very clear that since only the person can commit the crime, only the person is liable for the things that have to be done
[01:07:34.440 --> 01:07:38.440]  And those persons being legal entities have to be engaged in commerce
[01:07:38.440 --> 01:07:46.440]  For instance, are you aware that there is only one kind of driver's license in Texas?
[01:07:46.440 --> 01:07:50.440]  I've come to that understanding by listening to your radio show
[01:07:50.440 --> 01:08:01.440]  Yes, and so that argument stands up very clearly once you get the officer up there and ask him okay well if it can't be this thing, it can't be this thing and it can't be this thing, what is left?
[01:08:01.440 --> 01:08:07.440]  We don't have the two chapters and we just completely wiped one of them out, so what's left?
[01:08:07.440 --> 01:08:15.440]  And you will find that everything dealing in the transportation code with the rest of it hinges on the requirement to have that license
[01:08:15.440 --> 01:08:21.440]  If you don't have to have that license, you don't have to have any of the rest of it
[01:08:21.440 --> 01:08:28.440]  Is it your opinion, Eddie, that the police officers are just ignorant on this topic?
[01:08:28.440 --> 01:08:32.440]  Is it my opinion? No, it's a fact
[01:08:32.440 --> 01:08:33.440]  Okay, well
[01:08:33.440 --> 01:08:38.440]  Having been in law enforcement, I can tell you it's a fact
[01:08:38.440 --> 01:08:45.440]  They're not taught to read the law, they're not even given the entire law to read, they're given these little bitty flip through manuals
[01:08:45.440 --> 01:08:49.440]  Basically, you know, in preschool we call them pop-up books
[01:08:49.440 --> 01:08:57.440]  But really what it is is it's a synopsis, it's somebody's summarization of the statutes as to what they are and how they apply
[01:08:57.440 --> 01:09:05.440]  But they are not the law nor do they contain the entire statute, they're just a brief description of the contents of the statute
[01:09:05.440 --> 01:09:13.440]  And this is all these officers ever read, they never read the actual law book, ever
[01:09:13.440 --> 01:09:18.440]  So, no, it's not my opinion, it's a fact
[01:09:18.440 --> 01:09:21.440]  It seems like irresponsible law enforcement
[01:09:21.440 --> 01:09:23.440]  Well, that's exactly what it is
[01:09:23.440 --> 01:09:29.440]  But the first word's out of their mouth and they're right because the legislature didn't make it that way
[01:09:29.440 --> 01:09:32.440]  They're not required to know the law
[01:09:32.440 --> 01:09:38.440]  I mean, the most idiotic argument I ever heard come out of an officer's mouth was sitting in the witness stand when he said
[01:09:38.440 --> 01:09:45.440]  I don't have to know what the law says, I don't have to read it, I just have to enforce it
[01:09:45.440 --> 01:09:49.440]  Do you think the prosecutor has that same opinion?
[01:09:49.440 --> 01:09:55.440]  I think the prosecutor and the judge collude to never allow the law to be introduced
[01:09:55.440 --> 01:09:56.440]  Right
[01:09:56.440 --> 01:10:04.440]  Knowing full well that's a violation of due process and they're required to admit the law when they're accusing you under the law
[01:10:04.440 --> 01:10:13.440]  But they collude with each other to prevent that from being introduced to the jury or to be directly examined to the witness
[01:10:13.440 --> 01:10:20.440]  Who is testifying that the law is perfectly fine to accuse you under but you're not allowed to defend yourself with it
[01:10:20.440 --> 01:10:27.440]  Yeah, what they do up here is throw in a bunch of motions in limine to prevent you from bringing anything up in your trial
[01:10:27.440 --> 01:10:35.440]  That is correct, which is why my motions all stayed up front that any effort by the prosecution or the judge to submit
[01:10:35.440 --> 01:10:43.440]  or to uphold a motion in limine barring the introduction of the law is itself a violation of Texas law
[01:10:43.440 --> 01:10:54.440]  Because the Code of Criminal Procedure in 1.01 and 1.02 is very, very clear that they are required by law to bring all information before the court
[01:10:54.440 --> 01:11:03.440]  that can prove the innocence or the guilt of the accused, they can't withhold one for the other
[01:11:03.440 --> 01:11:10.440]  Absolutely, that is outstanding, I'm glad to hear you say that
[01:11:10.440 --> 01:11:17.440]  What document did you put it in that you tell them if they file motions in limine?
[01:11:17.440 --> 01:11:24.440]  I put it in every motion, that's the starting point of every motion now, or at least it's an independent motion of its own
[01:11:24.440 --> 01:11:29.440]  It's one that just basically states that it's dealing with motions in limine
[01:11:29.440 --> 01:11:37.440]  And it simply tells them that any motion in limine is going to be considered a violation of law because
[01:11:37.440 --> 01:11:47.440]  and then I go through it and spell it out, I've actually put it into a couple of other motions including the one on motion to show authority
[01:11:47.440 --> 01:11:56.440]  which is basically proving that the city attorney or a hired gun attorney cannot participate as an attorney for the state
[01:11:56.440 --> 01:12:00.440]  to prosecute in a municipal court or any other court for that matter
[01:12:00.440 --> 01:12:07.440]  because the law is very specific as to who qualifies for that position and city attorney is not one of them
[01:12:07.440 --> 01:12:20.440]  That's pretty amazing, well thank you Eddie, Randy and Deborah, I guess that's all I have for tonight
[01:12:20.440 --> 01:12:22.440]  Thank you, thank you Ken
[01:12:22.440 --> 01:12:24.440]  Good night
[01:12:24.440 --> 01:12:30.440]  Okay good night, all right we're going to go now to Jim in Ohio, okay Jim thanks for calling back in
[01:12:30.440 --> 01:12:32.440]  What's on your mind tonight, what's your question?
[01:12:32.440 --> 01:12:40.440]  Thanks for taking my call, this was a question for Eddie about when you were in commerce
[01:12:40.440 --> 01:12:52.440]  when you're driving in business on the highway, if you're working for a company that you do occasional deliveries to the customers
[01:12:52.440 --> 01:12:55.440]  and are not for hire vehicle, are you in commerce?
[01:12:55.440 --> 01:13:01.440]  Well it depends on what you mean by delivery, if you just got a package riding next to you in the front seat
[01:13:01.440 --> 01:13:11.440]  and this is normally a vehicle used for non-commercial purposes, I'd say no, basically the law specifically states
[01:13:11.440 --> 01:13:19.440]  that the vehicle must be designed for the purpose of transporting property and passengers, okay?
[01:13:19.440 --> 01:13:28.440]  Okay, well all the delivery people that deliver say in small pickups or small compact cars
[01:13:28.440 --> 01:13:38.440]  Now those are done by the company specifically for that purpose, what you asked me about was if you travel for business regularly
[01:13:38.440 --> 01:13:42.440]  and you just happen to be dropping something off, that would be a different connotation
[01:13:42.440 --> 01:13:49.440]  but now if the purpose of the vehicle is for delivering parts or things of that nature
[01:13:49.440 --> 01:13:56.440]  then that's what its purpose is, that's what it was done for and so yeah it's going to be engaged in commerce
[01:13:56.440 --> 01:14:06.440]  Okay, even if you're not technically licensed the way they would say as a B license CDL or an A license CDL
[01:14:06.440 --> 01:14:14.440]  of course we have had a discussion of the licenses all the way across the board
[01:14:14.440 --> 01:14:25.440]  Now be aware that the CDL really technically only applies if the licensure bearing has a hazardous materials placard endorsement
[01:14:25.440 --> 01:14:33.440]  that's the only thing that differentiates a CDL from any other license is the fact that a CDL is the only one
[01:14:33.440 --> 01:14:37.440]  that can have the hazardous materials placard endorsement
[01:14:37.440 --> 01:14:46.440]  otherwise the same class of vehicle can be operated whether it says CDL on it or just license
[01:14:46.440 --> 01:14:52.440]  So a CDLA without a hazardous endorsement
[01:14:52.440 --> 01:15:02.440]  You can operate the exact same weight capacity and passenger capacity vehicle on a non CDL as you can a CDL in that case, that is correct
[01:15:02.440 --> 01:15:09.440]  Look in Chapter 521, the list of vehicles that can be operated by that classification of license
[01:15:09.440 --> 01:15:14.440]  are identical to what's in 522 for the commercial driver's license
[01:15:14.440 --> 01:15:25.440]  Okay, so then following the first question that I was asking if you work for an auto parts store for instance
[01:15:25.440 --> 01:15:35.440]  and you are delivering parts in a compact car to their commercial customers as opposed to walk in customers that come in
[01:15:35.440 --> 01:15:41.440]  that is in commerce, you're a driver in commerce
[01:15:41.440 --> 01:15:46.440]  That's correct because you're acting as a delivery person for the business
[01:15:46.440 --> 01:15:50.440]  You're transporting goods for hire on the public roadways
[01:15:50.440 --> 01:15:57.440]  I didn't think that it actually was transporting for hire
[01:15:57.440 --> 01:16:00.440]  If you're making a delivery, yes
[01:16:00.440 --> 01:16:07.440]  If you're delivering for that company's purpose as a part of their business then that's commerce
[01:16:07.440 --> 01:16:10.440]  Yes and it's commerce on the roadways
[01:16:10.440 --> 01:16:17.440]  That is different than say like a farmer who's bringing his produce to the market to a farmer's market
[01:16:17.440 --> 01:16:25.440]  That is not considered being in commerce on the roadways because he's not transporting for hire goods on the roadways
[01:16:25.440 --> 01:16:28.440]  He doesn't engage in commerce until he gets to the market
[01:16:28.440 --> 01:16:30.440]  Exactly, yes
[01:16:30.440 --> 01:16:33.440]  Okay, so you see, do you understand the difference?
[01:16:33.440 --> 01:16:39.440]  You have to be transporting goods from point A to point B for hire
[01:16:39.440 --> 01:16:42.440]  That is commerce on the roadways
[01:16:42.440 --> 01:16:43.440]  Okay
[01:16:43.440 --> 01:16:45.440]  Okay Jim, do you have anything else?
[01:16:45.440 --> 01:16:47.440]  No, that was all this evening, thank you
[01:16:47.440 --> 01:16:50.440]  Okay great, all right, we've got Dominic and Freeman coming up
[01:16:50.440 --> 01:16:57.440]  We've got about 45 minutes left folks, if you'd like to call in 512-646-1984, we'll be right back
[01:16:59.440 --> 01:17:03.440]  You feel tired when talking about important topics like money and politics?
[01:17:03.440 --> 01:17:04.440]  Sorry!
[01:17:04.440 --> 01:17:07.440]  Are you confused by words like the Constitution or the Federal Reserve?
[01:17:07.440 --> 01:17:08.440]  What?
[01:17:08.440 --> 01:17:12.440]  If so, you may be diagnosed with the deadliest disease known today, stupidity
[01:17:12.440 --> 01:17:18.440]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age
[01:17:18.440 --> 01:17:24.440]  I had no idea that the number one cause of the disease is found in almost every home in America, the television
[01:17:24.440 --> 01:17:29.440]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope
[01:17:29.440 --> 01:17:35.440]  The staff at Brave New Books have helped me and thousands of other poxaholics suffering from sport zombieism recover
[01:17:35.440 --> 01:17:40.440]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:17:40.440 --> 01:17:45.440]  Without feeling tired or uninterested, so if you or anybody you know suffers from stupidity
[01:17:45.440 --> 01:17:54.440]  Then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com
[01:17:54.440 --> 01:17:57.440]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[01:17:57.440 --> 01:17:59.440]  And an overall increase in mental functioning
[01:17:59.440 --> 01:18:07.440]  Oh, come on
[01:18:07.440 --> 01:18:19.440]  If I can get everything I want
[01:18:19.440 --> 01:18:26.440]  If I can get a range, yeah
[01:18:26.440 --> 01:18:35.440]  If I can get everything I want
[01:18:35.440 --> 01:18:39.440]  If I can't get everything I need
[01:18:40.440 --> 01:18:43.440]  Should we maybe get a ranger?
[01:18:46.440 --> 01:18:51.440]  If the people of the world can get happiness and peace
[01:18:51.440 --> 01:18:54.440]  Should we maybe get a ranger?
[01:18:58.440 --> 01:19:02.440]  If we can get all these crazy awards to see
[01:19:02.440 --> 01:19:05.440]  Should we maybe get a ranger?
[01:19:15.440 --> 01:19:20.440]  Okay, we're taking your calls, 512-646-1984.
[01:19:20.440 --> 01:19:22.440]  We're going to go to Dominic in Texas.
[01:19:22.440 --> 01:19:25.440]  Hey Dominic, your bro just called in a little while ago.
[01:19:25.440 --> 01:19:26.440]  How's it going?
[01:19:26.440 --> 01:19:30.440]  Oh, yeah, there's a lot of people pretending to be related to me.
[01:19:30.440 --> 01:19:34.440]  Was that really your brother?
[01:19:34.440 --> 01:19:36.440]  You doing all right?
[01:19:36.440 --> 01:19:38.440]  Yes, yes.
[01:19:38.440 --> 01:19:43.440]  Well, yeah, the reason I was calling is because I've been looking for this failure to yield the right-of-way,
[01:19:43.440 --> 01:19:50.440]  and I have found a lot of them, but none that pertain to his case, to his situation.
[01:19:50.440 --> 01:19:58.440]  There's a failure to yield if you're going to make a left turn, and failure to yield for pedestrians.
[01:19:58.440 --> 01:20:09.440]  But I have seen nothing as far as for coming out of a private drive, or the one that y'all were talking about.
[01:20:09.440 --> 01:20:11.440]  That's because there isn't one.
[01:20:11.440 --> 01:20:16.440]  The one that y'all were talking about that says that it's only...
[01:20:16.440 --> 01:20:18.440]  Exiting an alley, yeah.
[01:20:18.440 --> 01:20:21.440]  Yeah, I have not seen that one either.
[01:20:21.440 --> 01:20:25.440]  Where can I find that one?
[01:20:25.440 --> 01:20:28.440]  Well, hang on and let me look.
[01:20:28.440 --> 01:20:30.440]  I don't have that one memorized off the top of my head.
[01:20:30.440 --> 01:20:32.440]  I don't spend a lot of time in alleys.
[01:20:32.440 --> 01:20:36.440]  That one may be a failure to yield right-of-way.
[01:20:36.440 --> 01:20:41.440]  Yeah, but I have found a lot of them, but they'll pertain to a specific item,
[01:20:41.440 --> 01:20:45.440]  like failure to yield if you're going to make a left-hand turn.
[01:20:45.440 --> 01:20:47.440]  Right, right.
[01:20:47.440 --> 01:20:53.440]  But none of them pertain to him, so that would be a reason for him to get that dismissed.
[01:20:53.440 --> 01:20:55.440]  Yes, it would.
[01:20:55.440 --> 01:20:58.440]  Yeah, and he could run down that list with the cop.
[01:20:58.440 --> 01:20:59.440]  Was I doing this?
[01:20:59.440 --> 01:21:00.440]  Was I doing this?
[01:21:00.440 --> 01:21:02.440]  Get the cop to say no to everything.
[01:21:02.440 --> 01:21:06.440]  Turn to the judge and say, I move the court to dismiss.
[01:21:06.440 --> 01:21:08.440]  Failure to stay in charge.
[01:21:08.440 --> 01:21:18.440]  Yeah, because something else that he didn't mention was when he did have this accident,
[01:21:18.440 --> 01:21:23.440]  there was a vehicle that was coming, the one that he supposedly failed to yield to.
[01:21:23.440 --> 01:21:27.440]  He didn't mention the part about there being an accident.
[01:21:27.440 --> 01:21:28.440]  I'm sorry, sir?
[01:21:28.440 --> 01:21:31.440]  He didn't mention the part about there being an accident.
[01:21:31.440 --> 01:21:37.440]  Yeah, he was nervous his first time on the radio.
[01:21:37.440 --> 01:21:51.440]  Okay, failure to yield right of way.
[01:21:51.440 --> 01:21:54.440]  Yeah, because that's why they had given him that citation.
[01:21:54.440 --> 01:21:58.440]  He said that he was coming out of the parking lot and the vehicle was coming,
[01:21:58.440 --> 01:22:01.440]  and they had their turn signal on, and he thought they were going to turn,
[01:22:01.440 --> 01:22:10.440]  so he started exiting, and that's when they hit him.
[01:22:10.440 --> 01:22:12.440]  They had it on that they were going to turn and didn't?
[01:22:12.440 --> 01:22:18.440]  Yes, and the officer told him it does not matter if they have it on or off.
[01:22:18.440 --> 01:22:23.440]  You're still supposed to wait and see if they're going to turn or if they may change their mind.
[01:22:23.440 --> 01:22:26.440]  That's always a smart thing to do.
[01:22:26.440 --> 01:22:28.440]  Yeah.
[01:22:28.440 --> 01:22:31.440]  That's one of the things that I don't ever do,
[01:22:31.440 --> 01:22:35.440]  is I never trust the guy in the other car to know what he's actually going to do.
[01:22:35.440 --> 01:22:38.440]  Yeah, I've been driving long enough that I work for a seer,
[01:22:38.440 --> 01:22:46.440]  so I'm driving all day, so I'm in the same boat.
[01:22:46.440 --> 01:22:52.440]  Yeah, driving a motorcycle will teach you that, I'll tell you what.
[01:22:52.440 --> 01:22:53.440]  Quick.
[01:22:53.440 --> 01:22:54.440]  Yeah, seriously.
[01:22:54.440 --> 01:22:55.440]  Yeah.
[01:22:55.440 --> 01:22:59.440]  I mean, I have not had a traffic ticket or been pulled over
[01:22:59.440 --> 01:23:03.440]  or been in an accident since I started riding my Harley.
[01:23:03.440 --> 01:23:06.440]  I'm telling you, because when you're on that motorcycle,
[01:23:06.440 --> 01:23:11.440]  you just assume everyone else around you is going to do the wrong thing.
[01:23:11.440 --> 01:23:13.440]  You assume they're not going to see you.
[01:23:13.440 --> 01:23:14.440]  You assume they're going to run the red lights.
[01:23:14.440 --> 01:23:17.440]  You assume they're going to change lanes without letting you know.
[01:23:17.440 --> 01:23:22.440]  You assume everybody else is going to do everything wrong and doesn't see you at all,
[01:23:22.440 --> 01:23:26.440]  and it will totally change your perspective on your driving skills.
[01:23:26.440 --> 01:23:29.440]  Hey, Dominic, what was the specific charge they laid on him?
[01:23:29.440 --> 01:23:33.440]  Failure to yield right of way.
[01:23:33.440 --> 01:23:35.440]  Okay, well, then they have a problem.
[01:23:35.440 --> 01:23:38.440]  They seem to have removed that.
[01:23:38.440 --> 01:23:43.440]  Oh, really?
[01:23:43.440 --> 01:23:48.440]  See, there's this little thing that they had back on those cases that I referred to,
[01:23:48.440 --> 01:23:54.440]  like Brown v. Texas, where they kept trying to charge people for driving without a driver's license.
[01:23:54.440 --> 01:24:00.440]  And the court kept saying that to charge someone with no driver's license charges no offense
[01:24:00.440 --> 01:24:04.440]  because there is no such thing in Texas law as a driver's license.
[01:24:04.440 --> 01:24:08.440]  That's why they came up with the definition they created under 521
[01:24:08.440 --> 01:24:11.440]  so that they could then say driver's license.
[01:24:11.440 --> 01:24:13.440]  They just didn't change what it applied to.
[01:24:13.440 --> 01:24:17.440]  They just gave it a new name and grouped three things under it.
[01:24:17.440 --> 01:24:22.440]  Well, same thing with this failure to yield right of way, it looks like.
[01:24:22.440 --> 01:24:28.440]  If that charge does not appear in state law, then it doesn't exist.
[01:24:28.440 --> 01:24:34.440]  So the only way it can exist is if they're going to try to charge it under an ordinance with that name.
[01:24:34.440 --> 01:24:39.440]  So if they're trying to charge him with a specific state statute,
[01:24:39.440 --> 01:24:42.440]  you need to get a copy of the complaint that's filed in the court folder
[01:24:42.440 --> 01:24:47.440]  and look at what section of statute that they're trying to charge him under
[01:24:47.440 --> 01:24:53.440]  and then see if there is a failure to yield right of way charge listed there because I can't find it.
[01:24:53.440 --> 01:24:58.440]  Failure to yield doesn't even exist in there anymore.
[01:24:58.440 --> 01:25:01.440]  So if they're trying to basically write up a charge,
[01:25:01.440 --> 01:25:05.440]  like for instance there's another case I'm working on where they charge the man with failure
[01:25:05.440 --> 01:25:12.440]  to maintain a sure clear distance, there is no such charge in Texas law.
[01:25:12.440 --> 01:25:16.440]  There is absolutely no such charge.
[01:25:16.440 --> 01:25:24.440]  So whatever that charge is supposed to be applicable to, it's something somebody just made up.
[01:25:24.440 --> 01:25:26.440]  Just to get more money.
[01:25:26.440 --> 01:25:28.440]  Just to get more money.
[01:25:28.440 --> 01:25:31.440]  But if it's not authorized in Texas law as a valid charge,
[01:25:31.440 --> 01:25:34.440]  the only other place it could exist is in an ordinance.
[01:25:34.440 --> 01:25:37.440]  And if they can't produce an ordinance with that name of that charge,
[01:25:37.440 --> 01:25:39.440]  then they're making it up out of thin air,
[01:25:39.440 --> 01:25:44.440]  in which case there's no statutory support for the charge and it can be challenged.
[01:25:44.440 --> 01:25:50.440]  I'll have them go pick all that up like a week before you have to go to trial.
[01:25:50.440 --> 01:25:55.440]  Well, what I would do is I would get that as soon as possible so I could start reviewing it
[01:25:55.440 --> 01:26:01.440]  and then make sure that no matter how many times you check between now and the trial,
[01:26:01.440 --> 01:26:04.440]  the day before trial you want to check the folder again,
[01:26:04.440 --> 01:26:07.440]  at the very least you want to check it the day before trial
[01:26:07.440 --> 01:26:11.440]  to see if they've added anything to it that you're not aware of.
[01:26:11.440 --> 01:26:16.440]  Because normally they will not have put in a complaint or an information
[01:26:16.440 --> 01:26:19.440]  or any of the other things that are required at that time,
[01:26:19.440 --> 01:26:22.440]  in which case you can then challenge them in the court.
[01:26:22.440 --> 01:26:29.440]  But the thing about it is you've got to remember that if you don't challenge the validity of a complaint
[01:26:29.440 --> 01:26:34.440]  or an information the day before it goes to trial on the merits,
[01:26:34.440 --> 01:26:37.440]  then you're considered waived of those rights.
[01:26:37.440 --> 01:26:40.440]  Even though they didn't give you a copy of the complaint
[01:26:40.440 --> 01:26:43.440]  and even though there's not a copy in the file,
[01:26:43.440 --> 01:26:50.440]  they violated your right to say, hey, wait, this is wrong by not having it there where you could do it.
[01:26:50.440 --> 01:26:54.440]  There's multiple reasons why that complaint and information have to be there and that's just one of them.
[01:26:54.440 --> 01:26:59.440]  But it's always better to look for that complaint like the day before
[01:26:59.440 --> 01:27:03.440]  or two days before just so it won't give them a chance to put it in
[01:27:03.440 --> 01:27:07.440]  because we know they're not going to put it in, but if we're asking for it, they may put it in.
[01:27:07.440 --> 01:27:09.440]  That is correct. That's what you want.
[01:27:09.440 --> 01:27:14.440]  Now, what you really want to do is you want to make sure that if it's put in the day before trial,
[01:27:14.440 --> 01:27:20.440]  you get a copy of it so that you've got a copy of the stamp showing that it was filed the day before trial
[01:27:20.440 --> 01:27:28.440]  and thus you were denied any ability to object to the contents because the prosecution never filed it.
[01:27:28.440 --> 01:27:33.440]  And then you can raise the issue of, okay, there was no complaint in the file.
[01:27:33.440 --> 01:27:35.440]  There was no information in the file.
[01:27:35.440 --> 01:27:40.440]  Please explain to me how the court scheduled a trial without a complaint or an information to have jurisdiction.
[01:27:40.440 --> 01:27:46.440]  How can you schedule a trial when there's no complaint?
[01:27:46.440 --> 01:27:50.440]  All right.
[01:27:50.440 --> 01:27:54.440]  And just don't hang in there like a rat terrier with a fresh kill.
[01:27:54.440 --> 01:27:57.440]  Don't let go of it.
[01:27:57.440 --> 01:27:59.440]  Okay. Well, I appreciate y'all's assistance.
[01:27:59.440 --> 01:28:00.440]  I know y'all have a shorter time.
[01:28:00.440 --> 01:28:02.440]  There's more people on the line.
[01:28:02.440 --> 01:28:03.440]  Y'all have a great evening.
[01:28:03.440 --> 01:28:04.440]  Nice talking to y'all again.
[01:28:04.440 --> 01:28:05.440]  All right.
[01:28:05.440 --> 01:28:06.440]  Thank you, Dominic.
[01:28:06.440 --> 01:28:08.440]  Randy's awfully quiet, though.
[01:28:08.440 --> 01:28:09.440]  Yeah, Randy.
[01:28:09.440 --> 01:28:10.440]  What's up?
[01:28:10.440 --> 01:28:14.440]  Do you have any comments on this issue?
[01:28:14.440 --> 01:28:16.440]  I wonder if he dropped off a line.
[01:28:16.440 --> 01:28:17.440]  He fell asleep.
[01:28:17.440 --> 01:28:18.440]  That's his bedtime.
[01:28:18.440 --> 01:28:20.440]  Y'all have a good evening.
[01:28:20.440 --> 01:28:21.440]  Thanks, Dominic.
[01:28:21.440 --> 01:28:22.440]  All right.
[01:28:22.440 --> 01:28:24.440]  Thanks, Dominic.
[01:28:24.440 --> 01:28:25.440]  Okay.
[01:28:25.440 --> 01:28:30.440]  I'm going to go now to Freeman in Minnesota.
[01:28:30.440 --> 01:28:32.440]  Freeman, thanks for calling in.
[01:28:32.440 --> 01:28:34.440]  What's on your mind tonight?
[01:28:34.440 --> 01:28:35.440]  Yeah.
[01:28:35.440 --> 01:28:38.440]  Well, great show tonight.
[01:28:38.440 --> 01:28:45.440]  And I just wanted to – well, a question came up while I was listening to a caller a few
[01:28:45.440 --> 01:28:51.440]  minutes ago, which I'm sure could be answered within my original question.
[01:28:51.440 --> 01:28:58.440]  So I'll just start with the question that came up is how do you – a person – how
[01:28:58.440 --> 01:29:01.440]  does a person write a criminal complaint?
[01:29:01.440 --> 01:29:03.440]  You know what I mean?
[01:29:03.440 --> 01:29:08.440]  Or is that contingent on them writing it and getting the person who's authorized to
[01:29:08.440 --> 01:29:10.440]  file it to file it?
[01:29:10.440 --> 01:29:14.440]  Anybody can write a criminal complaint, okay?
[01:29:14.440 --> 01:29:15.440]  Yeah.
[01:29:15.440 --> 01:29:18.440]  But the only one that's going to be able to see it through court is the one with firsthand
[01:29:18.440 --> 01:29:23.440]  knowledge of the contents of the complaints and the events they're in.
[01:29:23.440 --> 01:29:27.440]  Now, as far as what the complaint – how it has to be written, that entirely depends
[01:29:27.440 --> 01:29:29.440]  on what your individual state code says.
[01:29:29.440 --> 01:29:35.440]  For instance, here in Texas, there's no particular form or fashion that it must contain, but
[01:29:35.440 --> 01:29:39.440]  there are certain elements it must have before it can be considered valid.
[01:29:39.440 --> 01:29:43.440]  But we're on our way to break, Freeman, so hang on and we'll get you on the other side.
[01:29:43.440 --> 01:29:48.440]  All right, and callers, if you'd like to call in, Freeman is the only one on the call
[01:29:48.440 --> 01:29:50.440]  board right now, so we've got a half an hour left.
[01:29:50.440 --> 01:29:54.440]  512-646-1984 if you want to call in.
[01:29:54.440 --> 01:29:59.440]  We'll be right back.
[01:29:59.440 --> 01:30:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:31:23.440 --> 01:31:30.440]  They come from natural divinity, with step-by-step rules and authenticity.
[01:31:30.440 --> 01:31:37.440]  They're built to lose their Greek indignity, to rebuild their crime and vis-a-vis.
[01:31:37.440 --> 01:31:43.440]  And I say, truth and nature must be justice, I believe.
[01:31:43.440 --> 01:31:49.440]  Truth and nature must be justice.
[01:31:49.440 --> 01:31:55.440]  And though it's a daunting task, at least I've got the tendency to ask them all
[01:31:55.440 --> 01:31:59.440]  to just take off their silly minds.
[01:31:59.440 --> 01:32:04.440]  In the light of day, we all will fight to help the tools of ingenuity
[01:32:04.440 --> 01:32:07.440]  used against the workers of iniquity.
[01:32:07.440 --> 01:32:36.440]  Tools of ingenuity used against the workers of iniquity.
[01:32:36.440 --> 01:32:38.440]  All right, tools of ingenuity.
[01:32:38.440 --> 01:32:46.440]  That's what we have here on the rule of law against the workers of iniquity.
[01:32:46.440 --> 01:32:50.440]  We're teaching others how to use these tools of ingenuity.
[01:32:50.440 --> 01:32:52.440]  Okay, go ahead, Eddie.
[01:32:52.440 --> 01:32:56.440]  Yeah, as far as what the criminal complaint has to contain, Freeman,
[01:32:56.440 --> 01:33:00.440]  it just depends upon what your particular statutes say in your state.
[01:33:00.440 --> 01:33:02.440]  Texas has some things, for instance,
[01:33:02.440 --> 01:33:06.440]  that it must begin a certain way in the name and by the authority of the state
[01:33:06.440 --> 01:33:11.440]  of Texas, and it must conclude in a particular way against the peace
[01:33:11.440 --> 01:33:13.440]  and dignity of the state.
[01:33:13.440 --> 01:33:16.440]  And the rest of it, you know, there's just certain things that it has to
[01:33:16.440 --> 01:33:20.440]  contain like the who, what, when, and where.
[01:33:20.440 --> 01:33:24.440]  And as long as it's got all of those elements, the rest of it doesn't matter.
[01:33:24.440 --> 01:33:29.440]  It can be any form, headed up any way, and it's good enough.
[01:33:29.440 --> 01:33:31.440]  So really it just depends.
[01:33:31.440 --> 01:33:34.440]  What do you mean by against the peace and dignity of the state?
[01:33:34.440 --> 01:33:39.440]  And isn't the state in a criminal complaint, regardless of who the victim is,
[01:33:39.440 --> 01:33:44.440]  isn't the state going to wind up the plaintiff?
[01:33:44.440 --> 01:33:49.440]  The state's always the plaintiff in these types of cases most of the time.
[01:33:49.440 --> 01:33:53.440]  That's one of the things that I've got an issue with is the state is both the
[01:33:53.440 --> 01:33:56.440]  plaintiff, the prosecutor, the witness, and the judge.
[01:33:56.440 --> 01:33:58.440]  That's a problem in my book.
[01:33:58.440 --> 01:34:01.440]  They don't seem to mind it, though.
[01:34:01.440 --> 01:34:02.440]  Yeah.
[01:34:02.440 --> 01:34:06.440]  Well, that's the whole thing is, you know, writing a criminal complaint when
[01:34:06.440 --> 01:34:13.440]  you've got to get somebody who is an agent of the state to file it, it just
[01:34:13.440 --> 01:34:17.440]  doesn't really seem like, I mean, how do I, you know, achieve that?
[01:34:17.440 --> 01:34:18.440]  You know, and the reason...
[01:34:18.440 --> 01:34:22.440]  Do you have direct access to the grand juries in your state?
[01:34:22.440 --> 01:34:24.440]  No.
[01:34:24.440 --> 01:34:26.440]  Minnesota, no.
[01:34:26.440 --> 01:34:27.440]  Oh, that's right.
[01:34:27.440 --> 01:34:32.440]  Well, in Minnesota, my first piece of advice to everyone located in Minnesota,
[01:34:32.440 --> 01:34:34.440]  move.
[01:34:34.440 --> 01:34:38.440]  You're in a state where the legislature has advocated their authority to
[01:34:38.440 --> 01:34:42.440]  create law to the judicial, which now not only controls the creation of law,
[01:34:42.440 --> 01:34:46.440]  they have the authority to throw out the law and make up their own rules as
[01:34:46.440 --> 01:34:47.440]  they go along.
[01:34:47.440 --> 01:34:52.440]  I don't have an answer for your solution, short of nuking the legislature.
[01:34:52.440 --> 01:34:59.440]  So basically, I shouldn't even tango with really here, or I should just
[01:34:59.440 --> 01:35:00.440]  leave?
[01:35:00.440 --> 01:35:02.440]  I can't say what you can or shouldn't do.
[01:35:02.440 --> 01:35:06.440]  I'm just saying that based upon the way that the legislature has set things
[01:35:06.440 --> 01:35:11.440]  up, the odds of you succeeding are virtually nonexistent, unfortunately.
[01:35:11.440 --> 01:35:15.440]  That's why I think, you know, along the lines of civil action, and the cause
[01:35:15.440 --> 01:35:22.440]  is going to the statute of limitations may expire for it soon.
[01:35:22.440 --> 01:35:24.440]  Well, here's your problem.
[01:35:24.440 --> 01:35:29.440]  The legislature gave the judicial the ability to ignore the law, to change
[01:35:29.440 --> 01:35:32.440]  the law, to write the law.
[01:35:32.440 --> 01:35:33.440]  In Minnesota?
[01:35:33.440 --> 01:35:34.440]  In Minnesota.
[01:35:34.440 --> 01:35:39.440]  Then they turned around and the state supreme court said that the judiciary
[01:35:39.440 --> 01:35:46.440]  now has the option of not even obeying any of their own rules regarding the
[01:35:46.440 --> 01:35:47.440]  law.
[01:35:47.440 --> 01:35:51.440]  So basically, they can do anything they want, and unless the people of
[01:35:51.440 --> 01:35:56.440]  Minnesota do something about it, that's exactly how it's going to stay.
[01:35:56.440 --> 01:36:00.440]  Was there some way, you know, I can find out more about exactly that from you,
[01:36:00.440 --> 01:36:01.440]  what you're talking about?
[01:36:01.440 --> 01:36:05.440]  Tell me, you know, how that ended up happening?
[01:36:05.440 --> 01:36:13.440]  Well, just do a search for Minnesota legislature gives authority to courts or
[01:36:13.440 --> 01:36:15.440]  whatever, judiciary.
[01:36:15.440 --> 01:36:21.440]  I read the article on it here a week or two ago, and I could, we even talked
[01:36:21.440 --> 01:36:24.440]  to an attorney in Florida about it.
[01:36:24.440 --> 01:36:27.440]  He couldn't believe they did that, but that's exactly what the legislature
[01:36:27.440 --> 01:36:29.440]  in Minnesota has done.
[01:36:29.440 --> 01:36:34.440]  They have advocated all lawmaking authority to the judiciary, which I read
[01:36:34.440 --> 01:36:35.440]  your state constitution.
[01:36:35.440 --> 01:36:39.440]  That's a direct violation of your state constitution, but since that document's
[01:36:39.440 --> 01:36:43.440]  not going to stand up and defend itself, if the folks in Minnesota let it
[01:36:43.440 --> 01:36:46.440]  happen, that's going to be on their head.
[01:36:46.440 --> 01:36:48.440]  So let me ask you this then.
[01:36:48.440 --> 01:36:55.440]  What the statute of limitations that may be about up relates to would be where
[01:36:55.440 --> 01:37:06.440]  I had been given until September 30, 2009 to go to a class.
[01:37:06.440 --> 01:37:09.440]  It was a probation order.
[01:37:09.440 --> 01:37:10.440]  Right.
[01:37:10.440 --> 01:37:13.440]  This is the one where they told you you had failed to go, charged you with it,
[01:37:13.440 --> 01:37:16.440]  and you weren't scheduled to go for another year.
[01:37:16.440 --> 01:37:17.440]  Right.
[01:37:17.440 --> 01:37:18.440]  Yeah.
[01:37:18.440 --> 01:37:20.440]  I remember what you're talking about.
[01:37:20.440 --> 01:37:25.440]  But again, we're back to the point of what good is the statute of limitations
[01:37:25.440 --> 01:37:31.440]  statute if the court can say we don't care, we said that you're still under it.
[01:37:31.440 --> 01:37:32.440]  We're going to extend it.
[01:37:32.440 --> 01:37:34.440]  We can do what we want.
[01:37:34.440 --> 01:37:37.440]  What goods are going to do you?
[01:37:37.440 --> 01:37:43.440]  Well, if I did it within, I mean, they could make it shorter so I couldn't,
[01:37:43.440 --> 01:37:45.440]  you know, meet the deadline.
[01:37:45.440 --> 01:37:49.440]  Aside from that, making it longer would only help me, right?
[01:37:49.440 --> 01:37:54.440]  I'd want a longer statute of limitations to be able to file my claim.
[01:37:54.440 --> 01:37:57.440]  You're not following what I'm pointing out to you here, okay?
[01:37:57.440 --> 01:37:59.440]  The point is you could go.
[01:37:59.440 --> 01:38:02.440]  You could do everything that you were supposed to do.
[01:38:02.440 --> 01:38:08.440]  And if the court wanted to say we don't care, right now they can do that.
[01:38:08.440 --> 01:38:12.440]  They can turn around and try you again if they want to.
[01:38:12.440 --> 01:38:14.440]  If they're already in violation of the Constitution,
[01:38:14.440 --> 01:38:17.440]  what do they care if they stay in violation of the Constitution?
[01:38:17.440 --> 01:38:22.440]  Yeah, so it's a little bit pointless here, right?
[01:38:22.440 --> 01:38:24.440]  That would be the way it would appear.
[01:38:24.440 --> 01:38:27.440]  I'm not saying you shouldn't do everything you can to change it,
[01:38:27.440 --> 01:38:32.440]  but right now your legislatures all need to be fired.
[01:38:32.440 --> 01:38:36.440]  Then they need to be charged with treason.
[01:38:36.440 --> 01:38:42.440]  Yeah.
[01:38:42.440 --> 01:38:47.440]  Well, as far as we're in the United States, there are, you know, some good options to relocate to,
[01:38:47.440 --> 01:38:50.440]  if, you know, that's what you would advise.
[01:38:50.440 --> 01:38:53.440]  Well, personally, if I was you, I wouldn't move anywhere in the United States.
[01:38:53.440 --> 01:39:00.440]  I'd stick within the several states of the Union myself.
[01:39:00.440 --> 01:39:01.440]  Uh-huh.
[01:39:01.440 --> 01:39:04.440]  Or do you not understand that concept of what I just said?
[01:39:04.440 --> 01:39:08.440]  Is that 13? How many states is there?
[01:39:08.440 --> 01:39:14.440]  There are 50 states of the Union, but there are federal territories,
[01:39:14.440 --> 01:39:17.440]  possessions and enclaves in Washington, D.C.
[01:39:17.440 --> 01:39:21.440]  That is the United States.
[01:39:21.440 --> 01:39:26.440]  And if you go live in the United States, then Congress is your only boss and worry.
[01:39:26.440 --> 01:39:29.440]  If you stay within the Union of several states,
[01:39:29.440 --> 01:39:34.440]  now you're within the individual sovereign state governments.
[01:39:34.440 --> 01:39:38.440]  Well, how about if I want to, how about if I don't acknowledge the United States,
[01:39:38.440 --> 01:39:44.440]  like you're saying I like that, and I say, you know, within the Union of the several states,
[01:39:44.440 --> 01:39:47.440]  but how about if I stop short of claiming citizenship?
[01:39:47.440 --> 01:39:51.440]  I don't want to be a citizen, and I think a citizen is someone that owes allegiance,
[01:39:51.440 --> 01:39:54.440]  and I, you know, don't want to be owing allegiance to...
[01:39:54.440 --> 01:39:58.440]  There's nothing wrong with owing allegiance to somebody, okay?
[01:39:58.440 --> 01:40:00.440]  No, well, it's to myself.
[01:40:00.440 --> 01:40:05.440]  When it's coerced, that's a different matter, isn't it?
[01:40:05.440 --> 01:40:11.440]  There's nothing wrong with being loyal to your state and being a part of it
[01:40:11.440 --> 01:40:14.440]  and caring about its existence and so on and so forth.
[01:40:14.440 --> 01:40:16.440]  That's what we're supposed to do.
[01:40:16.440 --> 01:40:19.440]  Yeah, but there's a certain amount of subjection.
[01:40:19.440 --> 01:40:27.440]  You know, I subject myself to jurisdiction if I acknowledge, you know, through allegiance.
[01:40:27.440 --> 01:40:29.440]  Freeman, that's a bogus argument.
[01:40:29.440 --> 01:40:32.440]  You are under the jurisdiction of them,
[01:40:32.440 --> 01:40:38.440]  irregardless if they have jurisdiction over something that you're doing, period.
[01:40:38.440 --> 01:40:40.440]  You don't give it to them.
[01:40:40.440 --> 01:40:42.440]  Either they have it or they don't have it.
[01:40:42.440 --> 01:40:44.440]  You can't change that.
[01:40:44.440 --> 01:40:45.440]  I can't change that.
[01:40:45.440 --> 01:40:47.440]  They have jurisdiction over citizens, and so if I...
[01:40:47.440 --> 01:40:50.440]  No, they would have jurisdiction over a foreign national
[01:40:50.440 --> 01:40:53.440]  if a foreign national committed a crime within that state, too.
[01:40:53.440 --> 01:40:57.440]  Well, I don't want to be a foreign national or a citizen, you know,
[01:40:57.440 --> 01:41:00.440]  and why should I be and why am I?
[01:41:00.440 --> 01:41:02.440]  Because you're here.
[01:41:02.440 --> 01:41:03.440]  Yeah, that's right.
[01:41:03.440 --> 01:41:04.440]  That's what Randy...
[01:41:04.440 --> 01:41:06.440]  If you want to be none of the above,
[01:41:06.440 --> 01:41:10.440]  then you're going to have to jump off a tall building and stop existing.
[01:41:10.440 --> 01:41:13.440]  So you're saying I'll be a state citizen.
[01:41:13.440 --> 01:41:15.440]  Is that what you're saying?
[01:41:15.440 --> 01:41:20.440]  You're never going to be immune to the penal code, Freeman.
[01:41:20.440 --> 01:41:25.440]  Are you saying I'm a citizen because I'm here and I'm a state citizen then?
[01:41:25.440 --> 01:41:28.440]  How are you defining state citizen, Freeman?
[01:41:28.440 --> 01:41:30.440]  I said you're a citizen of something somewhere.
[01:41:30.440 --> 01:41:32.440]  You have to be.
[01:41:32.440 --> 01:41:36.440]  It all depends on what you're looking at as far as the terminology used
[01:41:36.440 --> 01:41:38.440]  when you define citizen.
[01:41:38.440 --> 01:41:44.440]  I mean, the 10th Amendment, wouldn't that be 10th Amendment?
[01:41:44.440 --> 01:41:49.440]  Yeah, it should be, but you're railing against a 14th Amendment citizen.
[01:41:49.440 --> 01:41:50.440]  Again?
[01:41:50.440 --> 01:41:52.440]  Don't want to be a 14th Amendment citizen.
[01:41:52.440 --> 01:41:55.440]  I'm not a 14th Amendment citizen.
[01:41:55.440 --> 01:41:56.440]  Okay.
[01:41:56.440 --> 01:41:59.440]  I wasn't saying you were.
[01:41:59.440 --> 01:42:04.440]  But where the 13th Amendment prohibits involuntary servitude,
[01:42:04.440 --> 01:42:11.440]  it seems like that's a pretty broadly brushed statement there.
[01:42:11.440 --> 01:42:15.440]  I've heard someone say that the 13th Amendment prohibits involuntary servitude,
[01:42:15.440 --> 01:42:18.440]  and the 14th Amendment sets it up.
[01:42:18.440 --> 01:42:21.440]  It seems like that makes some sense to me.
[01:42:21.440 --> 01:42:23.440]  The 14th Amendment sets up what?
[01:42:23.440 --> 01:42:27.440]  Involuntary servitude because it says that citizens are subject to the
[01:42:27.440 --> 01:42:31.440]  jurisdiction thereof and that you're a citizen if you were born within the
[01:42:31.440 --> 01:42:32.440]  United States.
[01:42:32.440 --> 01:42:33.440]  You know what I mean?
[01:42:33.440 --> 01:42:37.440]  First off, do you understand the language of the 14th Amendment and how it
[01:42:37.440 --> 01:42:40.440]  came to be?
[01:42:40.440 --> 01:42:46.440]  Who was the 14th Amendment written for?
[01:42:46.440 --> 01:42:51.440]  Well, can you tell me some more about it?
[01:42:51.440 --> 01:42:52.440]  I don't know more.
[01:42:52.440 --> 01:42:57.440]  The 14th Amendment was written in order to ensure equal rights to the freed
[01:42:57.440 --> 01:42:58.440]  slaves.
[01:42:58.440 --> 01:42:59.440]  Nothing more.
[01:42:59.440 --> 01:43:05.440]  Intent aside, I hate going back to trying to speculate as to what was inside
[01:43:05.440 --> 01:43:10.440]  people's heads and their supposed intention because to me more apparent is
[01:43:10.440 --> 01:43:13.440]  the gist of the words on the paper.
[01:43:13.440 --> 01:43:14.440]  Wait, wait, wait.
[01:43:14.440 --> 01:43:17.440]  I'm not going back to what is in somebody's heads.
[01:43:17.440 --> 01:43:22.440]  I'm going back to the historical record of what was going on at the time and
[01:43:22.440 --> 01:43:24.440]  why the Amendment was enacted.
[01:43:24.440 --> 01:43:28.440]  At the time the Amendment was enacted, the Civil War had been fought.
[01:43:28.440 --> 01:43:34.440]  The purpose was to ensure that the freed slaves were treated like everyone
[01:43:34.440 --> 01:43:35.440]  else.
[01:43:35.440 --> 01:43:37.440]  Okay, listen.
[01:43:37.440 --> 01:43:41.440]  We could talk about this 14th Amendment thing for another three hours, but
[01:43:41.440 --> 01:43:44.440]  Freeman, we have to let you go because we have two other callers on the board
[01:43:44.440 --> 01:43:46.440]  and we only got 15 minutes left of the show.
[01:43:46.440 --> 01:43:50.440]  Maybe on Monday night we can discuss this at greater length, this 14th
[01:43:50.440 --> 01:43:51.440]  Amendment issue.
[01:43:51.440 --> 01:43:52.440]  We'll be right back.
[01:43:52.440 --> 01:43:55.440]  We've got Kurt from Indiana, Julio in Austin, Texas.
[01:43:55.440 --> 01:43:59.440]  This is the rule of law.
[01:43:59.440 --> 01:44:03.440]  Are you being harassed by debt collectors with phone calls, letters, or even
[01:44:03.440 --> 01:44:04.440]  lawsuits?
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[01:44:56.440 --> 01:45:00.440]  learn how to stop debt collectors now.
[01:45:00.440 --> 01:45:07.440]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com,
[01:45:07.440 --> 01:45:31.440]  live free speech talk radio at its best.
[01:45:37.440 --> 01:45:42.440]  Okay.
[01:45:42.440 --> 01:45:43.440]  We're taking your calls.
[01:45:43.440 --> 01:45:45.440]  Final segment coming down the homestretch.
[01:45:45.440 --> 01:45:47.440]  We've got Kurt in Indiana.
[01:45:47.440 --> 01:45:48.440]  Go ahead, Kurt.
[01:45:48.440 --> 01:45:49.440]  Thanks for calling in.
[01:45:49.440 --> 01:45:50.440]  What's on your mind?
[01:45:50.440 --> 01:45:51.440]  What is your question tonight?
[01:45:51.440 --> 01:45:52.440]  Okay.
[01:45:52.440 --> 01:45:53.440]  Thanks.
[01:45:53.440 --> 01:45:57.440]  I got a notice from the City of Denver, Denver Police Department photo
[01:45:57.440 --> 01:46:01.440]  enforcement unit, photo speed enforcement program.
[01:46:01.440 --> 01:46:05.440]  It wasn't me driving the car.
[01:46:05.440 --> 01:46:07.440]  I've never even been to Denver.
[01:46:07.440 --> 01:46:14.440]  Well, long story short, it was my wife driving the car.
[01:46:14.440 --> 01:46:23.440]  After the second notice, I sent them a public servants questionnaire
[01:46:23.440 --> 01:46:40.440]  basically based on public law 93-579 and U.S. Code Title 552.
[01:46:40.440 --> 01:46:47.440]  Then I get this Gestapo-like letter back from them saying,
[01:46:47.440 --> 01:46:53.440]  we have received your correspondence regarding the photo speed violation listed above.
[01:46:53.440 --> 01:46:57.440]  The Denver Police Department has reviewed your correspondence
[01:46:57.440 --> 01:47:00.440]  and other relevant violation data.
[01:47:00.440 --> 01:47:07.440]  The citation against you will not be canceled, and it goes on.
[01:47:07.440 --> 01:47:10.440]  But I'm not sure where to go from here then.
[01:47:10.440 --> 01:47:13.440]  That's going to prove up the violation.
[01:47:13.440 --> 01:47:16.440]  They sent you a notice with your name on it, right?
[01:47:16.440 --> 01:47:17.440]  Correct.
[01:47:17.440 --> 01:47:21.440]  Tell them you wish to see all the evidence showing that you were the one
[01:47:21.440 --> 01:47:24.440]  that was operating the motor vehicle.
[01:47:24.440 --> 01:47:29.440]  Well, they have a picture of the car and the license plate.
[01:47:29.440 --> 01:47:31.440]  So what?
[01:47:31.440 --> 01:47:33.440]  They didn't send the car a ticket, did they?
[01:47:33.440 --> 01:47:37.440]  They sent you a ticket.
[01:47:37.440 --> 01:47:38.440]  Okay.
[01:47:38.440 --> 01:47:40.440]  They can prove it was the car.
[01:47:40.440 --> 01:47:43.440]  They can't prove you were the driver, right?
[01:47:43.440 --> 01:47:44.440]  Correct.
[01:47:44.440 --> 01:47:47.440]  But they're saying that you are being charged with the offense,
[01:47:47.440 --> 01:47:52.440]  even though they have no evidence that you were the driver.
[01:47:52.440 --> 01:47:56.440]  So one of the things they asked me for is either basically to pay this
[01:47:56.440 --> 01:48:06.440]  or sign something stating that it wasn't me driving,
[01:48:06.440 --> 01:48:13.440]  and you think I should just go ahead and do that then?
[01:48:13.440 --> 01:48:16.440]  Yeah, but what else does it want you to give them
[01:48:16.440 --> 01:48:21.440]  in addition to the fact that you weren't driving?
[01:48:21.440 --> 01:48:25.440]  Well, nothing, but it doesn't necessarily say how, you know,
[01:48:25.440 --> 01:48:29.440]  I'm exempt from it even if I do say it wasn't me.
[01:48:29.440 --> 01:48:34.440]  So why should I contract with them at that point?
[01:48:34.440 --> 01:48:36.440]  You're not contracting with them.
[01:48:36.440 --> 01:48:39.440]  Contracting requires two knowing signatures and full disclosure.
[01:48:39.440 --> 01:48:41.440]  Please stop getting off contract stuff.
[01:48:41.440 --> 01:48:44.440]  Contract's got nothing to do with it, okay?
[01:48:44.440 --> 01:48:45.440]  Nothing.
[01:48:45.440 --> 01:48:46.440]  Okay.
[01:48:46.440 --> 01:48:49.440]  You have been accused of something that they cannot prove.
[01:48:49.440 --> 01:48:51.440]  You are the one that did it.
[01:48:51.440 --> 01:48:53.440]  Simple as that, okay?
[01:48:53.440 --> 01:48:57.440]  It's got nothing to do with contract.
[01:48:57.440 --> 01:49:01.440]  You're simply going to demand I want whatever evidence you have that
[01:49:01.440 --> 01:49:06.440]  shows I am the operator of the vehicle in question on the date and time.
[01:49:06.440 --> 01:49:08.440]  You have sent a violation to me.
[01:49:08.440 --> 01:49:13.440]  I want to know what evidence you have that says I am the one charged with this
[01:49:13.440 --> 01:49:16.440]  and what proof you have that I committed the act.
[01:49:16.440 --> 01:49:20.440]  That's all.
[01:49:20.440 --> 01:49:24.440]  And you can send them an affidavit stating I was not operating a motor vehicle
[01:49:24.440 --> 01:49:27.440]  in Colorado on this date at this time,
[01:49:27.440 --> 01:49:34.440]  nor was I operating the vehicle in question at this date and this time.
[01:49:34.440 --> 01:49:35.440]  Sounds good.
[01:49:35.440 --> 01:49:37.440]  It's really that simple.
[01:49:37.440 --> 01:49:38.440]  Send an affidavit.
[01:49:38.440 --> 01:49:40.440]  They have to refute the affidavit.
[01:49:40.440 --> 01:49:43.440]  If they fail to refute it, it's going to stand.
[01:49:43.440 --> 01:49:49.440]  If you fail to respond, the ticket's going to stand.
[01:49:49.440 --> 01:49:52.440]  You see the problem here?
[01:49:52.440 --> 01:49:55.440]  So let me explain to you what's going to happen in that case.
[01:49:55.440 --> 01:49:57.440]  You don't pay the fine.
[01:49:57.440 --> 01:50:00.440]  They're going to get an administrative finding against you.
[01:50:00.440 --> 01:50:03.440]  They're going to suspend your license in Colorado.
[01:50:03.440 --> 01:50:07.440]  It's going to make its way back to wherever you are on your record there,
[01:50:07.440 --> 01:50:13.440]  and that state's going to suspend your license.
[01:50:13.440 --> 01:50:21.440]  That's what that National Driver Registry Program was set up for.
[01:50:21.440 --> 01:50:24.440]  Well, I guess I'll prepare an affidavit then.
[01:50:24.440 --> 01:50:26.440]  Prepare an affidavit stating simple fact,
[01:50:26.440 --> 01:50:29.440]  I was not operating this vehicle on this date at this time.
[01:50:29.440 --> 01:50:31.440]  If you wish to contradict this,
[01:50:31.440 --> 01:50:33.440]  please provide me with a copy of the evidence
[01:50:33.440 --> 01:50:41.440]  showing that I was the driver of the vehicle at this time.
[01:50:41.440 --> 01:50:44.440]  And make them prove their case.
[01:50:44.440 --> 01:50:48.440]  If they can't prove it, they can't win, can they?
[01:50:48.440 --> 01:50:50.440]  Right.
[01:50:50.440 --> 01:50:57.440]  That's all you're asking them to do, prove it.
[01:50:57.440 --> 01:51:02.440]  Okay, real good. I know you got a lot of callers, so Mr. Craig and Gang,
[01:51:02.440 --> 01:51:03.440]  I appreciate your time.
[01:51:03.440 --> 01:51:05.440]  Yes, sir.
[01:51:05.440 --> 01:51:06.440]  All right, bye.
[01:51:06.440 --> 01:51:07.440]  Bye-bye.
[01:51:07.440 --> 01:51:09.440]  All right, thank you.
[01:51:09.440 --> 01:51:10.440]  Thanks for calling in, Kurt.
[01:51:10.440 --> 01:51:14.440]  Okay, we're going to go now to Julio in Austin.
[01:51:14.440 --> 01:51:15.440]  Thanks for calling in, Julio.
[01:51:15.440 --> 01:51:17.440]  What's on your mind tonight?
[01:51:17.440 --> 01:51:19.440]  Well, it's been a while since I called,
[01:51:19.440 --> 01:51:21.440]  and I just wanted to know what's going on lately.
[01:51:21.440 --> 01:51:24.440]  Has anybody gotten any money from these people,
[01:51:24.440 --> 01:51:28.440]  from all these things they have done to us?
[01:51:28.440 --> 01:51:30.440]  Would you say any money, Julio?
[01:51:30.440 --> 01:51:31.440]  What are we talking about?
[01:51:31.440 --> 01:51:32.440]  Are you talking about suing them?
[01:51:32.440 --> 01:51:34.440]  Yep.
[01:51:34.440 --> 01:51:39.440]  I've got two lawsuits I've got tort letters in for right now.
[01:51:39.440 --> 01:51:41.440]  I'm waiting for responses on.
[01:51:41.440 --> 01:51:43.440]  Okay.
[01:51:43.440 --> 01:51:44.440]  Well, great.
[01:51:44.440 --> 01:51:47.440]  You know, I'd like to – maybe you'll send me what you got,
[01:51:47.440 --> 01:51:50.440]  but I'm preparing to make my case against Cthulhu.
[01:51:50.440 --> 01:51:51.440]  They don't have nothing.
[01:51:51.440 --> 01:51:57.440]  They give me – they defend my cases,
[01:51:57.440 --> 01:52:03.440]  and I'm out of a car, and I need to just go to work on this thing,
[01:52:03.440 --> 01:52:07.440]  because the only way this thing is going to stop is when you sue them.
[01:52:07.440 --> 01:52:08.440]  That's true.
[01:52:08.440 --> 01:52:12.440]  Now, in your case, though, you can go after them for malicious prosecution.
[01:52:12.440 --> 01:52:15.440]  You can go after them for theft of private property.
[01:52:15.440 --> 01:52:20.440]  Since the cop was wearing a gun, you can go after them for aggravated robbery.
[01:52:20.440 --> 01:52:23.440]  If he arrested you, which I believe he did, correct?
[01:52:23.440 --> 01:52:25.440]  He arrested me.
[01:52:25.440 --> 01:52:30.440]  Then you have a cause of action for aggravated kidnapping and aggravated assault.
[01:52:30.440 --> 01:52:34.440]  Both of those are actionable under tort law in Texas.
[01:52:34.440 --> 01:52:38.440]  All you have to do in Texas to avoid their immunity
[01:52:38.440 --> 01:52:41.440]  is show they were acting either outside their statutory authority
[01:52:41.440 --> 01:52:49.440]  or they acted outside their authority in a manner that violated the state constitution.
[01:52:49.440 --> 01:52:55.440]  And then it would help since we can also show that they did act outside of their lawful authority
[01:52:55.440 --> 01:52:58.440]  and they violated the state constitution.
[01:52:58.440 --> 01:53:00.440]  They have no opportunity for immunity.
[01:53:00.440 --> 01:53:03.440]  All you have to do is argue it that way.
[01:53:03.440 --> 01:53:08.440]  They can't claim immunity if they committed acts that were violated by the constitution.
[01:53:08.440 --> 01:53:10.440]  We're talking then a federal court.
[01:53:10.440 --> 01:53:11.440]  Are we not?
[01:53:11.440 --> 01:53:12.440]  No.
[01:53:12.440 --> 01:53:14.440]  You're not claiming federal violation.
[01:53:14.440 --> 01:53:16.440]  You're claiming state violation.
[01:53:16.440 --> 01:53:17.440]  State violation.
[01:53:17.440 --> 01:53:18.440]  Right.
[01:53:18.440 --> 01:53:20.440]  You keep it in the state courts.
[01:53:20.440 --> 01:53:24.440]  You sue under violation of the state constitution.
[01:53:24.440 --> 01:53:30.440]  Then you leave yourself open for the opportunity to take them to federal court again.
[01:53:30.440 --> 01:53:35.440]  You can actually sue them twice, once in state, once in federal.
[01:53:35.440 --> 01:53:36.440]  Wow.
[01:53:36.440 --> 01:53:38.440]  Well, thanks a lot, man.
[01:53:38.440 --> 01:53:39.440]  I appreciate it.
[01:53:39.440 --> 01:53:45.440]  Like I said, I've been kind of waiting for the winter to get over and then it's almost over.
[01:53:45.440 --> 01:53:48.440]  You know, it's kind of hard to be strong when it's cold.
[01:53:48.440 --> 01:53:49.440]  Yeah.
[01:53:49.440 --> 01:53:56.440]  And it's been cold lately, so I'm going to start working on this case in the next couple of weeks.
[01:53:56.440 --> 01:53:57.440]  All right.
[01:53:57.440 --> 01:53:58.440]  Good luck.
[01:53:58.440 --> 01:53:59.440]  All right.
[01:53:59.440 --> 01:54:02.440]  Thank you.
[01:54:02.440 --> 01:54:03.440]  All right.
[01:54:03.440 --> 01:54:05.440]  Thanks.
[01:54:05.440 --> 01:54:06.440]  Okay.
[01:54:06.440 --> 01:54:08.440]  We don't have any more callers on the board.
[01:54:08.440 --> 01:54:10.440]  We've got four minutes left.
[01:54:10.440 --> 01:54:11.440]  Wow.
[01:54:11.440 --> 01:54:12.440]  Wake up, Randy.
[01:54:12.440 --> 01:54:16.440]  We've got four minutes to fill.
[01:54:16.440 --> 01:54:18.440]  Randy, any comments?
[01:54:18.440 --> 01:54:19.440]  Four minutes?
[01:54:19.440 --> 01:54:21.440]  That much time?
[01:54:21.440 --> 01:54:24.440]  I don't know if I have any content for four minutes.
[01:54:24.440 --> 01:54:28.440]  Oh, yeah, right.
[01:54:28.440 --> 01:54:35.440]  Well, Eddie, why don't you finish elaborating on this 14th Amendment issue for the next few minutes?
[01:54:35.440 --> 01:54:42.440]  The 14th Amendment point is that it was written for the purpose of setting up what was to be the rights
[01:54:42.440 --> 01:54:45.440]  and privileges of the freed slaves.
[01:54:45.440 --> 01:54:51.440]  And that's all it's ever applied to is that the 14th Amendment citizen were those that were granted
[01:54:51.440 --> 01:54:57.440]  protection by the federal government for rights they otherwise would not have had because the states
[01:54:57.440 --> 01:55:00.440]  themselves would have prevented it.
[01:55:00.440 --> 01:55:06.440]  So the 14th Amendment was expressly written to ensure that the states could not maintain their
[01:55:06.440 --> 01:55:09.440]  prejudice against the freed slaves.
[01:55:09.440 --> 01:55:13.440]  Now, true, that didn't solve the problem for a long time to come.
[01:55:13.440 --> 01:55:17.440]  But the fact of the matter is that's why it was done.
[01:55:17.440 --> 01:55:22.440]  The 14th Amendment never applied to anyone else, never has.
[01:55:22.440 --> 01:55:30.440]  The Supreme Court converting it into an all-encompassing amendment for everybody, that was just
[01:55:30.440 --> 01:55:36.440]  another one of those judicial fiat things they have a tendency to do at the Supreme Court level.
[01:55:36.440 --> 01:55:43.440]  But there is absolutely no historical authority whatsoever for the 14th Amendment to be applied to
[01:55:43.440 --> 01:55:50.440]  every citizen of every state or every federal citizen for that matter.
[01:55:50.440 --> 01:55:57.440]  And that's another key point to remember, that it only applies to those that are federal citizens,
[01:55:57.440 --> 01:56:00.440]  not to the people of the several states.
[01:56:00.440 --> 01:56:08.440]  In federal law, the people of the several states are defined as foreign nationals.
[01:56:08.440 --> 01:56:16.440]  We're part of the nation, but we are foreign entities to the federal government, always have been.
[01:56:16.440 --> 01:56:22.440]  That's what our status as citizens of the several states are, foreign nationals.
[01:56:22.440 --> 01:56:28.440]  Now, this raises another issue that we've got going on right now, like this multi-state license
[01:56:28.440 --> 01:56:31.440]  compact and so on and so forth.
[01:56:31.440 --> 01:56:37.440]  Since the federal Constitution specifically prohibits any state of the union from entering into
[01:56:37.440 --> 01:56:44.440]  any compact or agreement with any other state or any foreign government, how can the state
[01:56:44.440 --> 01:56:49.440]  governments enter any compact with the federal government?
[01:56:49.440 --> 01:56:54.440]  How can we enter a multi-state driver's license compact headed by the federal government under
[01:56:54.440 --> 01:56:56.440]  Title 49?
[01:56:56.440 --> 01:57:01.440]  How can we do that and not be in violation of the federal Constitution?
[01:57:01.440 --> 01:57:06.440]  How can we do it with another state and not be in violation of the federal Constitution?
[01:57:06.440 --> 01:57:10.440]  See, these are the little things the Supreme Court never seems to want to deal with in their little
[01:57:10.440 --> 01:57:15.440]  memoirs when they make these case law sightings.
[01:57:15.440 --> 01:57:21.440]  But if we don't start learning what we're supposed to be binding them with, we shouldn't be
[01:57:21.440 --> 01:57:26.440]  surprised when they wrap around our neck and try to hang it with us, or hang us with it rather.
[01:57:26.440 --> 01:57:30.440]  Indeed.
[01:57:30.440 --> 01:57:33.440]  That's just my opinion, but I am sticking to it.
[01:57:33.440 --> 01:57:37.440]  Randy, what do you have to say about it?
[01:57:37.440 --> 01:57:40.440]  I think Eddie's just full of crapola.
[01:57:40.440 --> 01:57:43.440]  That's all there is to it.
[01:57:43.440 --> 01:57:45.440]  And I'm good at it.
[01:57:45.440 --> 01:57:50.440]  Yes, he is.
[01:57:50.440 --> 01:57:55.440]  What is your opinion on this 14th Amendment thing, Randy?
[01:57:55.440 --> 01:57:58.440]  It's an issue I haven't addressed.
[01:57:58.440 --> 01:58:10.440]  So for me to speak to the 14th Amendment, I would just be speaking without knowledge.
[01:58:10.440 --> 01:58:12.440]  He'd be doing a Randy.
[01:58:12.440 --> 01:58:14.440]  I'd be doing a Randy, man.
[01:58:14.440 --> 01:58:15.440]  All right.
[01:58:15.440 --> 01:58:19.440]  I've been asked a number of times here lately to address issues that I'm not familiar with
[01:58:19.440 --> 01:58:29.440]  or productive to because I get held to what I address and I'm not familiar with the 14th
[01:58:29.440 --> 01:58:30.440]  Amendment issue.
[01:58:30.440 --> 01:58:31.440]  All right.
[01:58:31.440 --> 01:58:32.440]  Well, that's understandable.
[01:58:32.440 --> 01:58:33.440]  All right.
[01:58:33.440 --> 01:58:34.440]  Listen, we're at the end of the show.
[01:58:34.440 --> 01:58:35.440]  Callers, we want to thank you for calling in.
[01:58:35.440 --> 01:58:36.440]  Listeners, thank you for listening.
[01:58:36.440 --> 01:58:41.440]  We'll be back Monday night at 8 p.m. Central Time.
[01:58:41.440 --> 01:58:44.440]  Jurisdictionary is on at 6 p.m. Monday.
[01:58:44.440 --> 01:58:49.440]  And don't forget Gary Johnson's Live and Let Live Sunday nights at 8 p.m. Central Time.
[01:58:49.440 --> 01:59:15.440]  This coming Sunday we will be back on Monday.
[01:59:15.440 --> 01:59:33.440]  See you then.
[01:59:33.440 --> 01:59:56.440]  Thank you.