ROL_2010-03-22_16k.timecode

[00:00.000 --> 00:09.640]  Some 50,000 new housing units in Jerusalem neighborhoods beyond the Green Line are in
[00:09.640 --> 00:12.520]  various states of planning and approval.
[00:12.520 --> 00:17.520]  Most of the units will be built in predominantly Jewish neighborhoods beyond the Green Line,
[00:17.520 --> 00:20.960]  while a smaller number will be built in Arab neighborhoods.
[00:20.960 --> 00:26.640]  Vice President Joe Biden condemned the move, saying the decision undermined peace talks.
[00:26.640 --> 00:31.480]  The U.S. State Department Friday issued its annual Human Rights Report, and once again
[00:31.480 --> 00:37.440]  the human rights situation in America's two largest battlegrounds, Afghanistan and Iraq,
[00:37.440 --> 00:39.140]  continued to worsen.
[00:39.140 --> 00:44.720]  The Afghanistan report focused on the civilians killed, blaming the Taliban for the increase
[00:44.720 --> 00:46.440]  in civilian deaths.
[00:46.440 --> 00:52.960]  It also pointed out human trafficking, restrictions on press and religion, torture and poor prison
[00:52.960 --> 00:54.320]  conditions.
[00:54.320 --> 01:04.240]  In Somalia, a brief mention was given to the massive civilian toll from NATO airstrikes.
[01:04.240 --> 01:10.920]  In Somalia, 43 people were killed and hundreds wounded in the past 48 hours as dueling offensives
[01:10.920 --> 01:16.320]  by the African Union-backed Somali government and the militant faction led to some of the
[01:16.320 --> 01:19.160]  fiercest fighting in weeks.
[01:19.160 --> 01:24.600]  Most of the casualties were civilians and fighting prevented wounded people from being rescued
[01:24.600 --> 01:27.480]  as they lay dying in the street.
[01:27.480 --> 01:33.240]  Karl Rove, a senior adviser to former President George Bush, has defended harsh interrogation
[01:33.240 --> 01:38.520]  techniques such as waterboarding, saying he was proud of the intelligence the U.S. gained
[01:38.520 --> 01:40.120]  from using them.
[01:40.120 --> 01:46.800]  Rove was often referred to as Bush's brain and is credited with Bush's electoral successes.
[01:46.800 --> 01:52.480]  Last January, Barack Obama barred the use of waterboarding after defining it as a form
[01:52.480 --> 01:57.600]  of torture.
[01:57.600 --> 02:03.480]  A bank examiner's report says Lehman Brothers used accounting's sleight of hand to conceal
[02:03.480 --> 02:07.120]  the bad investments that led to its undoing.
[02:07.120 --> 02:12.640]  The report concluded Lehman died from bad mortgage holdings and, less directly, demands
[02:12.640 --> 02:18.640]  by rivals like JPMorgan Chase and Citigroup that the Founding Bank post-collateral against
[02:18.640 --> 02:25.240]  loans it desperately needed, but the examiner Anton Valloukas laid out what the report characterized
[02:25.240 --> 02:31.200]  as, quote, materially misleading accounting gimmicks that Lehman used to mask the perilous
[02:31.200 --> 02:33.200]  state of its finances.
[02:33.200 --> 02:38.160]  Lehman's bankruptcy, the largest in U.S. history, shook the financial world.
[02:38.160 --> 02:42.960]  According to the report, Lehman used what amounted to financial engineering to temporarily
[02:42.960 --> 02:48.800]  shuffle $50 billion of troubled assets off its books in the month before its collapse
[02:48.800 --> 02:57.160]  in September 2008 to conceal its dependence on borrowed money.
[02:57.160 --> 03:11.840]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:11.840 --> 03:28.200]  talk radio at its best.
[03:28.200 --> 03:53.200]  You are listening to the Rule of Law Radio Network at its best.
[03:53.200 --> 04:21.200]  You are listening to the Rule of Law Radio Network at its best.
[04:21.200 --> 04:35.720]  All right, bad boys, what are you going to do when we come for you?
[04:35.720 --> 04:44.800]  This is the Rule of Law, Randy Kelton, Eddie Craig, and Deborah Stevens coming out of an
[04:44.800 --> 04:52.160]  unbelievable weekend, architects and engineers for 9-11 Truth press conference here in Austin.
[04:52.160 --> 05:02.480]  I was really working hard to make this event pull off well, and Randy, when I was driving
[05:02.480 --> 05:11.000]  home or traveling home, I should say, after setting up Friday night drenched in sweat,
[05:11.000 --> 05:15.720]  makeup smeared and running down my face, I hear Randy saying that Deborah has the night
[05:15.720 --> 05:16.720]  off.
[05:16.720 --> 05:17.720]  Oh, yeah, right.
[05:17.720 --> 05:22.200]  I wish I had anything but the night off, I was going to say.
[05:22.200 --> 05:26.520]  I don't think so, but at any rate, it was a fantastic event, people.
[05:26.520 --> 05:30.820]  We had probably almost 400 people out at the max.
[05:30.820 --> 05:32.320]  We had Alice Jones.
[05:32.320 --> 05:33.720]  We had Ron Avery.
[05:33.720 --> 05:35.440]  We had Dr. Al Hayes.
[05:35.440 --> 05:36.840]  Oh, man.
[05:36.840 --> 05:42.480]  And Lieutenant Colonel Bob Bowman, but last but not least, and actually wasn't last on
[05:42.480 --> 05:48.240]  the list, but I've got to say, Derek Johnson absolutely stole the show.
[05:48.240 --> 05:51.480]  I mean, he hit it out of the ballpark.
[05:51.480 --> 05:58.000]  He has foiled recent information and splaining, I would say.
[05:58.000 --> 06:03.680]  Like Lucy, you got some splaining to do from NIST, brand new material.
[06:03.680 --> 06:06.040]  You've got to see this guy's presentation, people.
[06:06.040 --> 06:08.120]  We're going to have him on the air, and this is radio.
[06:08.120 --> 06:13.080]  At some point, I believe Alex Jones is going to have him in the studio to present his presentation
[06:13.080 --> 06:16.520]  again, and the video of the event will be posted soon.
[06:16.520 --> 06:18.600]  George Butler is in charge of that video part.
[06:18.600 --> 06:20.440]  I have posted the audio.
[06:20.440 --> 06:21.440]  It's on the archive page.
[06:21.440 --> 06:26.480]  I just got that posted today, but you've got to see this guy's presentation.
[06:26.480 --> 06:34.200]  Derek Johnson, EIT, CWI, engineer in training, that means he's got a degree, and he's in
[06:34.200 --> 06:37.920]  graduate studies of engineering, and he's a certified welding inspector.
[06:37.920 --> 06:40.880]  He's been in the foundry business ever since he was a child.
[06:40.880 --> 06:45.440]  His family's been in the foundry business for generations, apparently.
[06:45.440 --> 06:52.360]  He has basically extracting, pulling teeth to get more information out of NIST concerning
[06:52.360 --> 06:54.960]  their explanation of Building 7.
[06:54.960 --> 07:00.800]  You should see the cartoon modeling images, like little video, the cartoon video that
[07:00.800 --> 07:06.880]  NIST gave him with the official NIST seal on every single frame of this video, people,
[07:06.880 --> 07:16.440]  and it shows gigantic beams hanging in midair and spinning outside the building for many
[07:16.440 --> 07:25.160]  seconds before gently cascading down the ground, and we're like, what is that?
[07:25.160 --> 07:31.280]  Derek said, what are these people, you know, teenagers smoking bong hits could have come
[07:31.280 --> 07:32.880]  up with something better than this.
[07:32.880 --> 07:35.360]  I mean, unbelievable people.
[07:35.360 --> 07:40.480]  This is what the government would expect us to believe, that gigantic steel beam girders
[07:40.480 --> 07:45.760]  are like defying the laws of gravity, spinning in midair and like floating around.
[07:45.760 --> 07:50.440]  Okay, this is the government NIST report of Building 7.
[07:50.440 --> 07:53.800]  At any rate, you guys got to hear his presentation.
[07:53.800 --> 07:55.400]  You got to see his presentation.
[07:55.400 --> 07:57.480]  Derek absolutely stole the show.
[07:57.480 --> 07:59.240]  I was way, way, way impressed.
[07:59.240 --> 08:02.120]  Randy, what did you think?
[08:02.120 --> 08:06.180]  I think enthralled was the term.
[08:06.180 --> 08:09.520]  We had our setup in the back, but that was too far away.
[08:09.520 --> 08:14.320]  I had to go down and sit in the audience and get up closer so I could, at my age, you don't
[08:14.320 --> 08:16.960]  see so far so well, but it was...
[08:16.960 --> 08:22.640]  We had the, his PowerPoint presentation was like on this gigantic screen, Randy.
[08:22.640 --> 08:25.920]  Well, it was out of focus.
[08:25.920 --> 08:28.800]  A little bit out of focus for Randy.
[08:28.800 --> 08:34.480]  Anybody out there my age knows the problem, but it was a very technical...
[08:34.480 --> 08:36.360]  That's what I came for.
[08:36.360 --> 08:44.080]  This was an engineer treating this from an engineer's perspective, and he gave real hard
[08:44.080 --> 08:50.120]  data, not just hard, hard to controvert.
[08:50.120 --> 08:56.200]  I wouldn't want to be the guy sitting on the other side having proposed the nonsense that
[08:56.200 --> 08:57.200]  Derek was dealing with.
[08:57.200 --> 08:58.200]  Oh my goodness.
[08:58.200 --> 08:59.200]  Extremely well done.
[08:59.200 --> 09:00.400]  Absolutely amazing.
[09:00.400 --> 09:03.940]  We got to have him on as a guest.
[09:03.940 --> 09:08.880]  We had an interview, a post-event interview with him, and also we went out to dinner with
[09:08.880 --> 09:14.480]  him and the whole crew afterwards, and we were asking him how he got into this, and
[09:14.480 --> 09:18.160]  he didn't start off as some big 9-11 truther.
[09:18.160 --> 09:23.400]  He comes from a hardcore engineering background, foundry background, and he really wanted the
[09:23.400 --> 09:30.920]  official story to be true, but he had to analyze all the data, and it just became obvious which
[09:30.920 --> 09:36.920]  side he had to fall on, and now he's having to deal with his colleagues, and having to
[09:36.920 --> 09:40.920]  deal with this nonsense, government, NIST report.
[09:40.920 --> 09:44.920]  It's just absolutely outrageous what they would have people believe.
[09:44.920 --> 09:49.040]  Anybody in their right mind could possibly believe this.
[09:49.040 --> 09:54.280]  The way Derek said that it was like when he was reading this over, he said what NIST did
[09:54.280 --> 09:59.520]  was draw a tinker toy model and throw a brick at it, and said that that's what happened.
[09:59.520 --> 10:06.840]  He's waiting for Wile E. Coyote to come traipsing through their little video with the plunger.
[10:06.840 --> 10:08.880]  Seriously, that's how bad it is, folks.
[10:08.880 --> 10:10.880]  They didn't even try.
[10:10.880 --> 10:15.640]  They probably slapped the whole thing together in ten minutes right before the FedEx man
[10:15.640 --> 10:22.240]  was due to show up to deliver the FOIA, because he got this from FOIA, and the government
[10:22.240 --> 10:24.800]  agencies always wait until the last minute.
[10:24.800 --> 10:28.080]  That's why they always have to FedEx the FOIAs.
[10:28.080 --> 10:29.280]  That's probably how bad it was.
[10:29.280 --> 10:30.280]  Go ahead, Eddie.
[10:30.280 --> 10:34.300]  Well, the thing is, you've got to remember, this is the same government that gave us the
[10:34.300 --> 10:38.160]  magic bullet theory in the Kennedy assassination.
[10:38.160 --> 10:44.040]  The bullet that makes two 90-degree turns, hangs in midair for a second and a half before
[10:44.040 --> 10:47.400]  it continues on the second turn, and so on and so forth.
[10:47.400 --> 10:49.320]  Why wouldn't they think we would buy it?
[10:49.320 --> 10:50.320]  Yeah.
[10:50.320 --> 10:54.480]  Well, we ain't buying it, and he made some really good points at dinner about not wanting
[10:54.480 --> 11:00.560]  the 9-11 tooth movement to get stuck in the mud, kind of like what happened with the investigation
[11:00.560 --> 11:06.000]  of what happened with JFK, where it's kind of like, okay, it's however many decades later,
[11:06.000 --> 11:10.320]  and yeah, everybody knows the government did it, but there's really nothing that can be
[11:10.320 --> 11:15.160]  done about it, because all the perps are dead, and it's just one of those things like, well,
[11:15.160 --> 11:18.040]  yeah, everybody knows, but so what?
[11:18.040 --> 11:23.560]  We don't want it to be like that, and so Derek was talking about the elemental analysis,
[11:23.560 --> 11:30.600]  the free elemental analysis, where there are files where anyone can run it through this
[11:30.600 --> 11:38.560]  particular type of software to come up with the analysis, and NISS will not give him the
[11:38.560 --> 11:44.360]  garbage in so that he can crank the garbage out, and so that's what he's working on right
[11:44.360 --> 11:49.160]  now, and we're just going to have to take this to the next level, but at any rate, just
[11:49.160 --> 11:52.680]  wanted to report that it was a fantastic event.
[11:52.680 --> 11:57.400]  If we had had about another week to promote it, we would have packed the place out, but
[11:57.400 --> 12:02.760]  I just found out about it a week before the event, and originally Ron was planning on
[12:02.760 --> 12:06.720]  just having it as a small event, and I said, no, no, no, no, no, what is this?
[12:06.720 --> 12:11.840]  You're getting a room for 40 people, no, that's not, no, we got to do this, we got to broadcast
[12:11.840 --> 12:19.600]  it and get other guest speakers, and so I was able to contact the Infowars team, and
[12:19.600 --> 12:26.040]  they got Alex Jones to come be a speaker, and so the whole thing, I think, was a fantastic
[12:26.040 --> 12:32.040]  success, it was broadcast on AM and FM stations all over the country, and it was also streamed
[12:32.040 --> 12:36.440]  live video, the video archive will be posted soon, I've got the audio archive already,
[12:36.440 --> 12:42.000]  I want to thank all the affiliates out there, Madison, Wisconsin, we've got St. Louis, just
[12:42.000 --> 12:47.880]  got an email from the affiliate in St. Louis saying it was a colossal broadcast, got affiliates
[12:47.880 --> 12:51.640]  in Idaho, we've got affiliates all over the Midwest that broadcast the event, want to
[12:51.640 --> 12:56.560]  thank them, and we certainly hope that a lot of people got a lot of new information that
[12:56.560 --> 13:02.400]  they had never seen or heard before, I certainly did, especially from Derek Johnson, just amazing.
[13:02.400 --> 13:06.640]  So just wanted to give that little recap and thank Chris Emery and Kay Beach for coming
[13:06.640 --> 13:10.560]  out from Oklahoma City, they really, really helped out, I don't know how I would have
[13:10.560 --> 13:16.640]  done it without you guys, Randy, you and Kay and Chris, because I was expecting that I
[13:16.640 --> 13:21.000]  was going to be broadcasting and doing the commentary in between the speakers, but since
[13:21.000 --> 13:25.280]  I was also running live sound and people were demanding of me to help with the video and
[13:25.280 --> 13:29.440]  the lighting and everything else, I mean, there was hardly time for me to be on the
[13:29.440 --> 13:34.520]  mic, so I really appreciate you guys, thanks a lot, really appreciate it, went off very
[13:34.520 --> 13:36.920]  well.
[13:36.920 --> 13:43.320]  So without further ado, tonight is Monday night, and that means it is traffic night,
[13:43.320 --> 13:49.200]  Eddie's night, and apparently you guys were discussing some traffic issues on Friday that
[13:49.200 --> 13:51.120]  you wanted to continue with.
[13:51.120 --> 13:58.560]  Yeah, we were basically working on the step-by-step outline of the procedures to go through once
[13:58.560 --> 14:00.760]  you get a traffic ticket.
[14:00.760 --> 14:06.880]  We were having some debate and discussion on each step as we went through it to basically
[14:06.880 --> 14:13.120]  enlarge the picture for folks, as you will, so that they can get a better grasp of these
[14:13.120 --> 14:15.640]  are the things you do and why you do them.
[14:15.640 --> 14:21.200]  So, Randy, where did we leave off in your notes?
[14:21.200 --> 14:31.640]  We went to the clerk, and if the records were kept solely on computer, we get a copy of
[14:31.640 --> 14:39.120]  – we go within five days of the ticket, get a copy of everything that's in the record,
[14:39.120 --> 14:47.480]  two copies, and then file one copy in the record and keep a copy so that we can verify
[14:47.480 --> 14:49.280]  what was there at the time.
[14:49.280 --> 14:53.760]  Yeah, and don't forget to write your name across the front of anything you file in the
[14:53.760 --> 14:55.000]  record.
[14:55.000 --> 14:57.840]  Preferably in blue ink.
[14:57.840 --> 15:05.200]  And then we asked to be brought before a magistrate, and we'll get some song and dance and seltzer
[15:05.200 --> 15:09.640]  down your pants over that.
[15:09.640 --> 15:12.080]  Then what's our next step?
[15:12.080 --> 15:13.080]  Okay.
[15:13.080 --> 15:15.320]  Now, we've asked to see the magistrate.
[15:15.320 --> 15:19.000]  Let's presume the magistrate's not available and we're told we have to come back at the
[15:19.000 --> 15:23.280]  regular date on the ticket or whatever, which we do.
[15:23.280 --> 15:28.480]  But remember that you want to go in the day before you make your actual appearance before
[15:28.480 --> 15:32.720]  the magistrate and check the record one more time.
[15:32.720 --> 15:37.860]  And you want to get anything new that's been added, same scenario as before.
[15:37.860 --> 15:41.720]  If there's nothing in the folder, tell them to check the computer.
[15:41.720 --> 15:43.240]  What else is new?
[15:43.240 --> 15:44.880]  Give me two copies.
[15:44.880 --> 15:46.960]  Write your name across the front of one.
[15:46.960 --> 15:51.080]  Tell them to file it in the folder and also get your copy stamped by them that they were
[15:51.080 --> 15:53.640]  filed in the folder, okay?
[15:53.640 --> 15:56.500]  Always get your copy stamped by the clerk.
[15:56.500 --> 16:02.280]  Always make sure they stamp everything that's gone into the folder, okay?
[16:02.280 --> 16:06.680]  Now, you go in to see the magistrate.
[16:06.680 --> 16:10.240]  Magistrate's going to, very first thing, want to know how to be...
[16:10.240 --> 16:11.240]  Okay, wait, wait, wait.
[16:11.240 --> 16:12.240]  Wait, hold on.
[16:12.240 --> 16:15.400]  Yeah, we're not really going to see the magistrate now.
[16:15.400 --> 16:20.960]  We want to see the magistrate, but we're actually going to be going to see a judge.
[16:20.960 --> 16:26.120]  Well, that's what the magistrate thinks they're going to be, yes.
[16:26.120 --> 16:33.040]  Yeah, they're going to act like a judge and they're going to want you to engage in their
[16:33.040 --> 16:36.360]  routine, but you're going to want to have an examining trial.
[16:36.360 --> 16:41.200]  Yeah, we'll get back into that on the other side of the break there, folks.
[16:41.200 --> 17:00.800]  So hang with us and we'll pick this up on the other side.
[17:00.800 --> 17:05.760]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so
[17:05.760 --> 17:09.480]  easy and neither is finding like-minded people to share it with.
[17:09.480 --> 17:12.400]  Oh, well, I guess you haven't heard of Brave New Books, then.
[17:12.400 --> 17:13.400]  Brave New Books?
[17:13.400 --> 17:18.200]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[17:18.200 --> 17:20.760]  Jones, Ron Paul, and G. Edward Griffin.
[17:20.760 --> 17:24.200]  They even stock inner food, Berkey products, and Calvin Soaps.
[17:24.200 --> 17:27.080]  There's no way a place like that exists.
[17:27.080 --> 17:28.560]  Go check it out for yourself.
[17:28.560 --> 17:32.920]  It's downtown at 1904 Guadalupe Street, just south of UT.
[17:32.920 --> 17:36.200]  By UT, there's never anywhere to park down there.
[17:36.200 --> 17:41.560]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking
[17:41.560 --> 17:43.600]  Facility, just behind the bookstore.
[17:43.600 --> 17:47.480]  It does exist, but when are they open?
[17:47.480 --> 17:52.000]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[17:52.000 --> 18:07.000]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[18:07.000 --> 18:33.360]  All right, we asked the questions, and they do not want to give us the answers, but we're
[18:33.360 --> 18:34.360]  getting them anyway.
[18:34.360 --> 18:37.280]  All right, go ahead, Randy.
[18:37.280 --> 18:45.880]  Yeah, I was commenting that when we come back the second time at their direction, they're
[18:45.880 --> 18:50.880]  going to expect us to appear before a judge.
[18:50.880 --> 18:53.880]  And this is a fine distinction, right?
[18:53.880 --> 18:59.000]  He is a judge, but we didn't agree to appear before a judge when we signed the promise
[18:59.000 --> 19:01.120]  to appear.
[19:01.120 --> 19:07.720]  And the officer was not authorized to release us on our signature for the purpose of appearing
[19:07.720 --> 19:10.080]  before a judge.
[19:10.080 --> 19:17.480]  He was by statute authorized to release us on our signature to appear before a magistrate.
[19:17.480 --> 19:25.560]  Now, this person that we're walking in front of may actually be a judge, but in this instance,
[19:25.560 --> 19:29.440]  he's not sitting in the capacity of the judge.
[19:29.440 --> 19:36.720]  He is, as far as we're concerned, he must be sitting in the capacity of a magistrate.
[19:36.720 --> 19:40.280]  And that's what, and he straightened me out on the break.
[19:40.280 --> 19:45.640]  Yeah, what I was going to say is when you go before this dude or lady, then what you're
[19:45.640 --> 19:48.840]  going to ask is in what capacity are you sitting?
[19:48.840 --> 19:54.420]  Now, I can guarantee you most of them are going to look at you and not have a clue what
[19:54.420 --> 19:56.040]  you just asked them.
[19:56.040 --> 20:00.920]  It just proves how inept they actually are in most cases, okay?
[20:00.920 --> 20:06.160]  But when you say in what capacity are you sitting, and they give you that blank stare,
[20:06.160 --> 20:10.640]  are you sitting as a magistrate or are you sitting as a judge?
[20:10.640 --> 20:14.120]  And you pay very close to the answer you get.
[20:14.120 --> 20:21.560]  If they say anything other than sitting as a magistrate, okay, then you're going to object.
[20:21.560 --> 20:23.360]  Objection.
[20:23.360 --> 20:27.120]  I was ordered to appear before a magistrate.
[20:27.120 --> 20:32.360]  The duties of a magistrate and a judge are different, which I am sure, Judge, you are
[20:32.360 --> 20:33.800]  well aware.
[20:33.800 --> 20:37.200]  So I ask again, in what capacity are you sitting?
[20:37.200 --> 20:42.800]  Now, be kind, be nice, you don't have to be gruff and huffy and all that other good stuff.
[20:42.800 --> 20:44.600]  Always give them the benefit of the doubt.
[20:44.600 --> 20:49.440]  We know they're stupid, but try not to treat them that way, okay?
[20:49.440 --> 20:51.920]  Give them the benefit of the doubt.
[20:51.920 --> 20:55.800]  If they still insist they're sitting as a judge, then keep objecting.
[20:55.800 --> 20:59.800]  Eventually, they're going to get the idea that the statute clearly says that you're
[20:59.800 --> 21:03.960]  to appear before someone sitting as a magistrate.
[21:03.960 --> 21:05.960]  Bring that to their attention.
[21:05.960 --> 21:07.240]  Objection.
[21:07.240 --> 21:14.720]  Article 1517, Code of Criminal Procedure specifically states that the magistrate shall inform me
[21:14.720 --> 21:16.880]  of my rights.
[21:16.880 --> 21:17.880]  And they're going to look at you again.
[21:17.880 --> 21:21.440]  Well, you're not here under 1517, really?
[21:21.440 --> 21:24.160]  Then under what section am I here?
[21:24.160 --> 21:29.360]  Well, you're here under Article 26.
[21:29.360 --> 21:32.040]  I'm sorry, I'm here for the purpose of an arraignment.
[21:32.040 --> 21:33.240]  I don't understand.
[21:33.240 --> 21:35.040]  How can I be here for an arraignment?
[21:35.040 --> 21:41.440]  I haven't had a probable cause hearing determination made yet, okay?
[21:41.440 --> 21:46.720]  And I can't be here for an arraignment if I was told to appear before a magistrate,
[21:46.720 --> 21:51.720]  because I don't believe it's an magistrate that can arraign you, is it, Randy?
[21:51.720 --> 21:52.720]  No.
[21:52.720 --> 21:58.880]  Only a county judge can arraign you as you and I read the code.
[21:58.880 --> 22:06.840]  Well, that was true before, but remember, they've changed it now where they say that
[22:06.840 --> 22:10.880]  now you can be ordered back at a later date, okay?
[22:10.880 --> 22:11.880]  Let's see.
[22:11.880 --> 22:16.080]  After an accused charged, this is 1517B, folks.
[22:16.080 --> 22:19.520]  After an accused charged with a misdemeanor punishable of a fine only is taken before
[22:19.520 --> 22:24.400]  a magistrate under subsection A and the magistrate has identified the accused with certainty,
[22:24.400 --> 22:28.160]  the magistrate may release the accused without bond in order to be accused to appear at a
[22:28.160 --> 22:32.320]  later date for arraignment in the applicable justice or municipal court.
[22:32.320 --> 22:36.360]  That used to say the county or statutory county court.
[22:36.360 --> 22:42.520]  However, it would appear that one of our listeners out there has gone to court and had the district
[22:42.520 --> 22:52.320]  attorney admit that a justice court and municipal court can't hold an arraignment.
[22:52.320 --> 22:58.680]  I can find no authority in law anywhere other than what they changed in this statute right
[22:58.680 --> 23:06.080]  here that says anything about either of those two courts being able to hold an arraignment.
[23:06.080 --> 23:09.160]  Absolutely none.
[23:09.160 --> 23:19.960]  So where are they granting these courts authority in this one location when, you know, it doesn't
[23:19.960 --> 23:21.600]  exist anywhere else?
[23:21.600 --> 23:24.260]  And here's their other problem, okay?
[23:24.260 --> 23:26.200]  The order of things is messed up.
[23:26.200 --> 23:29.260]  Now we've covered this before, okay?
[23:29.260 --> 23:31.680]  You get charged.
[23:31.680 --> 23:35.420]  You're brought before a magistrate, either or.
[23:35.420 --> 23:45.240]  The magistrate has to have a probable cause examination for the purpose of establishing
[23:45.240 --> 23:50.720]  whether or not there is enough evidence to proceed to an actual trial.
[23:50.720 --> 23:55.160]  The judge is supposed to seal up those records and forward them to the clerk of the court
[23:55.160 --> 23:57.920]  after he writes his name across the seal.
[23:57.920 --> 24:03.360]  That right there alone negates the possibility of those records being maintained solely on
[24:03.360 --> 24:05.640]  the computer.
[24:05.640 --> 24:10.480]  If they have been maintained solely on the computer, that means somebody's acting in
[24:10.480 --> 24:14.240]  violation of 1517.
[24:14.240 --> 24:19.360]  Because the judge can't write his name across the seal of a computer, can he?
[24:19.360 --> 24:20.920]  All right?
[24:20.920 --> 24:28.160]  Now once the judge does that and forwards that according to the state constitution,
[24:28.160 --> 24:34.080]  the next step in the process is that the prosecuting attorney is supposed to reduce this to a bill
[24:34.080 --> 24:42.400]  of indictment unless, and only unless, the accused has signed a written waiver of indictment
[24:42.400 --> 24:43.400]  pursuant...
[24:43.400 --> 24:49.060]  Wait, wait, wait, wait, wait, he's supposed to reduce it to an information.
[24:49.060 --> 24:51.320]  Not according to what the constitution says.
[24:51.320 --> 24:58.600]  No, the only one who can, you can only have an indictment.
[24:58.600 --> 25:02.560]  I said a bill of indictment.
[25:02.560 --> 25:04.320]  What is a bill of indictment?
[25:04.320 --> 25:08.640]  Bill of indictment is what the prosecutor is supposed to give to the grand jury according
[25:08.640 --> 25:09.640]  to the constitution.
[25:09.640 --> 25:14.560]  Well, according to the code, he's supposed to reduce the complaint to an information
[25:14.560 --> 25:19.440]  and submit them both to the grand jury.
[25:19.440 --> 25:26.520]  So it may be that what they're calling a bill of indictment is actually a information.
[25:26.520 --> 25:28.000]  We actually looked that up.
[25:28.000 --> 25:32.200]  We've looked up Black's Law's definition of what an information is, what a bill of indictment
[25:32.200 --> 25:34.040]  is and what a presentment is.
[25:34.040 --> 25:35.040]  And how are they different?
[25:35.040 --> 25:36.040]  Okay.
[25:36.040 --> 25:38.720]  How is a bill of indictment and information different?
[25:38.720 --> 25:40.800]  Okay, this is how they're different.
[25:40.800 --> 25:46.280]  A bill of indictment is what the government initiates against the accused and sends to
[25:46.280 --> 25:50.520]  the grand jury for the purposes of an indictment, okay?
[25:50.520 --> 25:58.200]  And information is what's generated if and only if an indictment waiver has been made.
[25:58.200 --> 26:01.880]  Otherwise, there's no information to generate.
[26:01.880 --> 26:03.560]  Well, now...
[26:03.560 --> 26:09.440]  The presentment is something that's created and presented by a member of the grand jury
[26:09.440 --> 26:12.880]  themselves without outside intervention.
[26:12.880 --> 26:18.200]  Okay, then that document that once a prosecuting attorney has made known that a crime has been
[26:18.200 --> 26:21.960]  committed, he shall reduce the complaint to an information, so it says.
[26:21.960 --> 26:22.960]  And if...
[26:22.960 --> 26:27.480]  No, he shall reduce the complaint to writing and then make an information and attach it
[26:27.480 --> 26:28.480]  there too.
[26:28.480 --> 26:29.480]  Okay.
[26:29.480 --> 26:30.960]  Yeah, he has the...
[26:30.960 --> 26:34.360]  It's not a complaint until it's reduced to writing.
[26:34.360 --> 26:39.160]  It's complaining until it's reduced to writing and then he has a criminal complaint and he
[26:39.160 --> 26:48.640]  has the witness sign the complaint and then he reduces it to an information.
[26:48.640 --> 26:54.120]  So I guess at that point, if he's required to present it to the grand jury, then that
[26:54.120 --> 26:58.720]  information will act as a bill of indictment because I can't see it.
[26:58.720 --> 27:01.840]  The bill of indictment is going to be essentially exactly the same thing.
[27:01.840 --> 27:05.120]  Well, what I think they've actually done, Randy, is what they've done with the rest
[27:05.120 --> 27:06.800]  of the statutes.
[27:06.800 --> 27:13.080]  What I think they've done is attempted to facilitate the information and use it in place
[27:13.080 --> 27:18.040]  of a bill of indictment so that they're not generating two pieces of paper.
[27:18.040 --> 27:25.680]  And if they're both substantially the same, then that's not really an issue.
[27:25.680 --> 27:31.320]  Well, it could be because one reason that I think it could be is because an information
[27:31.320 --> 27:39.440]  presupposes the waiver of the right to an indictment by generating that information
[27:39.440 --> 27:46.840]  before it's ever gone to a grand jury and using that information for the purposes of
[27:46.840 --> 27:52.240]  garnering the indictment or before the indictment or not giving you one at all, which we know
[27:52.240 --> 27:59.040]  they're not doing, plus the fact that when you go into these courts and they tell you
[27:59.040 --> 28:04.880]  to sign any document, you need to look that document over carefully because I guarantee
[28:04.880 --> 28:08.160]  you that document is going to contain two things on it.
[28:08.160 --> 28:13.360]  The accused hereby waives their right to an arraignment and you waive your right to an
[28:13.360 --> 28:19.720]  examining trial and quite possibly they're going to try to sneak in the waiver of indictment.
[28:19.720 --> 28:26.120]  Now they can't do that if you notice it, but if you never object to it, despite what the
[28:26.120 --> 28:31.880]  rules say about it having to be done in open court with counsel present, since they're
[28:31.880 --> 28:38.200]  not following the majority of the rules anyway, I don't give them one bit of consensus that
[28:38.200 --> 28:46.440]  they'd be willing to follow that rule at all, not if they think they can slip it by.
[28:46.440 --> 28:53.800]  But since we know that according to the Constitution, all misdemeanors and felonies require an
[28:53.800 --> 28:57.920]  indictment, period, the Constitution is very clear about that.
[28:57.920 --> 29:05.160]  Where does the Constitution require a bill of indictment?
[29:05.160 --> 29:10.640]  Look at section 17 of Article 5.
[29:10.640 --> 29:23.520]  I want to get that sorted out, the subtlety of the differences, so I can make a good argument.
[29:23.520 --> 29:29.280]  Now, an information according to Black's law, this is the specific definition out of Black's.
[29:29.280 --> 29:37.360]  An accusation exhibited against a person for some criminal offense without an indictment.
[29:37.360 --> 29:38.360]  You catch that?
[29:38.360 --> 29:39.360]  Without.
[29:39.360 --> 29:40.360]  Yes.
[29:40.360 --> 29:53.080]  Yes, and okay, we'll get to this after the break, but okay, well, I'll go sort it out.
[29:53.080 --> 29:54.080]  Okay.
[29:54.080 --> 29:55.080]  All right.
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[31:27.560 --> 31:52.320]  All right.
[31:52.320 --> 31:54.320]  We're talking about bills of indictment.
[31:54.320 --> 31:56.320]  All right, guys.
[31:56.320 --> 31:59.320]  Okay.
[31:59.320 --> 32:04.840]  I'm looking at this and looking at the Code of Criminal Procedure, and it requires that
[32:04.840 --> 32:10.640]  when a prosecuting attorney is made known to crimes committed, he shall reduce the complaint.
[32:10.640 --> 32:15.960]  He shall have the complaint reduced to writing and cause the witness to sign it.
[32:15.960 --> 32:20.600]  Then he shall reduce the complaint from information, submit them both to the grand jury.
[32:20.600 --> 32:29.320]  And on the break, we were tossing back and forth how it was my position that when the
[32:29.320 --> 32:34.320]  information is presented to the grand jury in the form of a complaint, it would effectively
[32:34.320 --> 32:40.680]  be a bill of indictment, or not a bill of indictment.
[32:40.680 --> 32:41.680]  Okay.
[32:41.680 --> 32:48.000]  Well, according to what we've got in the government code, statutory county courts specifically,
[32:48.000 --> 32:50.000]  okay?
[32:50.000 --> 33:01.520]  For instance, Section 25.0634 talks about involving, in addition to the jurisdiction
[33:01.520 --> 33:08.600]  provided by Section 25.0003 and other law, the county criminal courts of Denton County
[33:08.600 --> 33:13.720]  have felony jurisdiction concurrent with the district court over matters involving intoxication
[33:13.720 --> 33:18.360]  arising by a true bill of indictment by a grand jury.
[33:18.360 --> 33:19.360]  Yeah.
[33:19.360 --> 33:20.360]  A true bill.
[33:20.360 --> 33:21.360]  Right.
[33:21.360 --> 33:27.920]  A true bill of indictment is presented to the clerk in open court.
[33:27.920 --> 33:34.880]  And that's generally, yeah, but that's a true bill of indictment.
[33:34.880 --> 33:40.640]  That's the only place in Texas statute, unless it's in the administrative code, that the
[33:40.640 --> 33:44.760]  term bill of indictment appears is in that section, and it appears twice.
[33:44.760 --> 33:53.520]  So it would, okay, and what the Code of Criminal Procedure says is that the prosecuting attorney
[33:53.520 --> 34:02.000]  will take the complaint and prepare an information, submit them both to the grand jury.
[34:02.000 --> 34:07.620]  And if the grand jury votes to true bill, then the foreman will gather up all the evidence
[34:07.620 --> 34:13.240]  and all the documents had and forward them to the prosecuting attorney and request that
[34:13.240 --> 34:18.600]  he prepare an indictment.
[34:18.600 --> 34:26.520]  So he does prepare the indictment, but after they voted to true bill, the prosecutor then
[34:26.520 --> 34:36.080]  prepares the indictment and the grand jury presents that to the court, to the clerk in
[34:36.080 --> 34:42.340]  open court, or presents it to the court, and the clerk shall make notations of the fact
[34:42.340 --> 34:46.280]  of the indictment on the minutes of the court.
[34:46.280 --> 34:47.280]  Okay.
[34:47.280 --> 34:52.280]  Well, then once again, then if they're saying that the grand jury in the statute gives it
[34:52.280 --> 34:55.000]  to the prosecuting attorney, that also is...
[34:55.000 --> 34:56.000]  No, no, no.
[34:56.000 --> 34:57.000]  Gives it.
[34:57.000 --> 34:58.000]  Wait a minute.
[34:58.000 --> 34:59.000]  Yeah.
[34:59.000 --> 35:00.000]  Not the indictment.
[35:00.000 --> 35:06.800]  They get it from the prosecuting attorney after they've ruled a true bill.
[35:06.800 --> 35:12.280]  They give him back the information and the complaint and all the information they had
[35:12.280 --> 35:17.760]  and ask him to prepare a true bill, I mean a bill of indictment.
[35:17.760 --> 35:18.760]  Okay.
[35:18.760 --> 35:20.480]  Well, but that's what I'm saying.
[35:20.480 --> 35:24.280]  That's not what the Constitution says they do.
[35:24.280 --> 35:30.320]  Article 5, Section 17 specifically says that the grand juries of the district courts hand
[35:30.320 --> 35:35.720]  down the indictment to the district judge who then hands them down to the court having
[35:35.720 --> 35:37.160]  jurisdiction.
[35:37.160 --> 35:43.160]  It doesn't go to the prosecutor until it gets from the district judge's hands, who is responsible
[35:43.160 --> 35:45.440]  to ensure it goes to the proper court.
[35:45.440 --> 35:55.160]  I'm looking at Article 5, Section 17, and that goes to, it must be the wrong place because
[35:55.160 --> 35:57.360]  this is about terms of county court.
[35:57.360 --> 36:01.440]  Now, I'll speak to the second sentence.
[36:01.440 --> 36:05.600]  The county court shall hold terms as provided by law.
[36:05.600 --> 36:09.920]  Misdemeanors may be commenced in said court by information filed to the county attorney
[36:09.920 --> 36:13.240]  or by affidavit as may be provided by law.
[36:13.240 --> 36:18.400]  Grand juries and paneled in the district courts shall inquire into misdemeanors and all indictments
[36:18.400 --> 36:24.520]  thereof returned into the district courts shall forthwith be certified to the county
[36:24.520 --> 36:29.480]  courts or other inferior courts having jurisdiction to try them for trial.
[36:29.480 --> 36:34.480]  And if such indictment be quashed in the county or other inferior court, the person charged
[36:34.480 --> 36:39.400]  shall not be discharged if there is probable cause of guilt but may be held by such court
[36:39.400 --> 36:44.320]  or magistrate to answer an information or affidavit.
[36:44.320 --> 36:47.840]  And say they've completely skipped the indictment process.
[36:47.840 --> 36:55.240]  Yes, they have, I agree, but this doesn't conflict at all with the way they're actually
[36:55.240 --> 37:02.880]  doing it in the district court except that the complaints are being given to lower courts
[37:02.880 --> 37:07.520]  and it appears as though they all go to the district court and then the district court
[37:07.520 --> 37:12.280]  through the grand jury meets them out to where they go.
[37:12.280 --> 37:14.280]  Right.
[37:14.280 --> 37:17.360]  Interesting.
[37:17.360 --> 37:25.560]  So the information could essentially, that doesn't really create any kind of due process
[37:25.560 --> 37:34.200]  or constitutional conflict wherein the prosecuting attorney uses the information and the only
[37:34.200 --> 37:40.000]  difference between a complaint and an information is the complaint's intended to be prepared
[37:40.000 --> 37:48.080]  by a non-learned counsel and an information is prepared by learned counsel.
[37:48.080 --> 37:52.720]  They both have essentially the same elements.
[37:52.720 --> 37:57.360]  It's just the prosecutor prepares one to make sure it meets all the requirements of law.
[37:57.360 --> 38:02.640]  He gives them both to the grand jury on a true bill then the grand jury asks him to
[38:02.640 --> 38:10.360]  prepare the indictment and then the foreman signs the indictment and a quorum of the grand
[38:10.360 --> 38:15.880]  jury must present the indictment to the court.
[38:15.880 --> 38:18.560]  So that's a pretty clean mechanism.
[38:18.560 --> 38:22.160]  Now it's generally not always not done that way.
[38:22.160 --> 38:28.960]  Johnson County actually does it that way but Travis County doesn't.
[38:28.960 --> 38:33.520]  The county I lived in, the prosecutor and the former of the grand jury brought the indictments
[38:33.520 --> 38:35.920]  to the clerk.
[38:35.920 --> 38:37.880]  So we don't know if there was a quorum or not.
[38:37.880 --> 38:39.840]  We don't know if it was ever voted on.
[38:39.840 --> 38:40.840]  Right.
[38:40.840 --> 38:44.720]  You know this kind of thing goes on all over the place so they don't follow that part but
[38:44.720 --> 38:47.520]  the way it's structured would be fine.
[38:47.520 --> 38:53.280]  The way I read this, all complaints would go to the district attorney.
[38:53.280 --> 38:55.280]  Right.
[38:55.280 --> 38:56.480]  That's the problem.
[38:56.480 --> 39:01.400]  They're sending everything through the district attorney for the prosecution process who is
[39:01.400 --> 39:07.000]  then basically circumventing your right to an indictment from an independent party.
[39:07.000 --> 39:08.000]  No, wait, wait, wait.
[39:08.000 --> 39:11.600]  No, that wasn't the issue I was bringing.
[39:11.600 --> 39:16.640]  The way I read this, all complaints are presented to the district attorney.
[39:16.640 --> 39:17.640]  They're not.
[39:17.640 --> 39:21.160]  But this requires that they all go to the district attorney.
[39:21.160 --> 39:26.560]  He gives them all to the grand jury and if they come back with the true bill then they
[39:26.560 --> 39:29.920]  meet them out to the court that it goes to.
[39:29.920 --> 39:37.440]  There's nothing here directing the complaints to anybody but the district attorney.
[39:37.440 --> 39:41.560]  So what are they doing giving these to county attorneys?
[39:41.560 --> 39:46.200]  Taffering with a government document the way I read it, yuck, yuck.
[39:46.200 --> 39:50.520]  Constitutional violation either way you look at it.
[39:50.520 --> 39:56.280]  So as you can see, folks, the way they're piece milling these constitutional amendments
[39:56.280 --> 40:04.120]  now, understand this, Article 1, Section 10 is now in direct conflict with the combined
[40:04.120 --> 40:11.240]  Article 5, Section 12B and Article 5, Section 17.
[40:11.240 --> 40:15.440]  Now my understanding of this is very simple.
[40:15.440 --> 40:21.320]  Article 1, Section 29 says that anything in violation of the Bill of Rights is void ab initio.
[40:21.320 --> 40:29.480]  I would presume that would include any subsequent constitutional amendments.
[40:29.480 --> 40:36.280]  The alteration of Article 1, Section 10 to remove the necessity of an indictment by a
[40:36.280 --> 40:42.320]  disinterested party, that party being the grand jury, and leaving that process strictly
[40:42.320 --> 40:49.000]  in the hands of those that are moving against you such as the DA and we know the judge is
[40:49.000 --> 40:55.920]  even though they're not supposed to be, and usually in the cases of these traffic tickets
[40:55.920 --> 41:00.560]  the agent of the state being the police officer.
[41:00.560 --> 41:06.120]  You're being charged, tried and summarized all by the same entity.
[41:06.120 --> 41:10.480]  For all intents and purposes the state's doing it all.
[41:10.480 --> 41:15.120]  There is no fourth branch of government standing between you and the state in the form of the
[41:15.120 --> 41:19.400]  grand jury without that indictment.
[41:19.400 --> 41:24.400]  That's a problem in my book.
[41:24.400 --> 41:27.920]  That's going to be fun when I get to court on these traffic tickets.
[41:27.920 --> 41:33.000]  Now let's argue the point about the additional, before we move on to the next step, let's
[41:33.000 --> 41:40.200]  argue the point of the additional violation of the Constitution in the failure to provide
[41:40.200 --> 41:43.240]  equal protection of the law.
[41:43.240 --> 41:48.880]  An indictment is necessary for anybody being sent to the penitentiary.
[41:48.880 --> 41:50.880]  It's mandatory.
[41:50.880 --> 41:58.040]  The right to counsel is mandatory if you're going to get sent to jail.
[41:58.040 --> 42:05.280]  If any punishment, regardless of level, involves imprisonment, they must give you counsel.
[42:05.280 --> 42:09.240]  So what they've done is they've determined that because even though you're being charged
[42:09.240 --> 42:14.720]  with a crime and the same level of proof is required for that Class C misdemeanor as it
[42:14.720 --> 42:21.880]  is for first degree felony murder, they've decided that because they can't actually imprison
[42:21.880 --> 42:25.360]  you, they can remove your right to counsel.
[42:25.360 --> 42:28.480]  They can remove your right to a grand jury indictment.
[42:28.480 --> 42:31.000]  They can remove your right to discovery.
[42:31.000 --> 42:33.880]  They can remove your right to an examining trial.
[42:33.880 --> 42:42.240]  And they can remove your right to an impartial jury.
[42:42.240 --> 42:43.680]  This is a problem.
[42:43.680 --> 42:49.180]  They've created a completely separate and distinct classification of crime that is denied
[42:49.180 --> 42:55.520]  equal protection of the law, period.
[42:55.520 --> 43:00.440]  Now, Randy, you got any way around that that I'm missing?
[43:00.440 --> 43:07.160]  Well, other than generic corruption, other than...
[43:07.160 --> 43:11.720]  When I expected an argument from you about, no, no, no, there's a way they can do it.
[43:11.720 --> 43:13.220]  What is it?
[43:13.220 --> 43:17.760]  This part about indictments really looks clear to me.
[43:17.760 --> 43:23.520]  You know, I'm an engineer and I'm pretty good at reading tech manuals and I can read these
[43:23.520 --> 43:28.960]  technical parameters and they look pretty clear.
[43:28.960 --> 43:34.200]  You know, if I read a tech manual that says, do not strike this particular object with
[43:34.200 --> 43:36.320]  a two-pound sledgehammer, it will break.
[43:36.320 --> 43:42.160]  I'm not going to strike it with a two-pound sledgehammer because I figure it will break.
[43:42.160 --> 43:44.700]  The law doesn't seem to be quite that clear.
[43:44.700 --> 43:49.820]  It only appears to say what it says, but it really, really says something else.
[43:49.820 --> 43:53.320]  You just kind of hold it in your mouth wrong when you read it.
[43:53.320 --> 43:54.320]  Yeah.
[43:54.320 --> 43:56.280]  Or your head's tilted wrong.
[43:56.280 --> 43:57.760]  I think that must be it.
[43:57.760 --> 43:59.880]  We'll be right back.
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[45:21.720 --> 45:39.800]  Alright, dissecting the law here.
[45:39.800 --> 45:42.400]  Alright, go ahead Eddie.
[45:42.400 --> 45:48.560]  Okay, now let's be completely fair about this from both sides here.
[45:48.560 --> 45:54.680]  Occasionally, and I do mean occasionally, you will run across a judge that actually
[45:54.680 --> 46:01.240]  understands that there shouldn't be a different set of rules for you versus everybody else.
[46:01.240 --> 46:05.080]  Now that's not going to come often and very rarely in fact.
[46:05.080 --> 46:10.020]  I've never had one, ever, okay?
[46:10.020 --> 46:15.560]  But that being said, we do have somebody out there that has been to court recently and
[46:15.560 --> 46:22.000]  is still going to court fighting his traffic ticket and his judge allowed him discovery,
[46:22.000 --> 46:23.360]  okay?
[46:23.360 --> 46:29.720]  But as I tried to inform him, that makes him the exception, most definitely not the rule.
[46:29.720 --> 46:34.400]  And I'm willing to bet that had he gone through a complete set of discovery, he might not
[46:34.400 --> 46:40.120]  have gotten everything he was asking for nor might he have gotten it at all.
[46:40.120 --> 46:45.100]  But for the moment, he seems to have a judge that's at least willing to listen to the arguments
[46:45.100 --> 46:49.840]  he's got to make, review the arguments he's got to make, and actually read the motions
[46:49.840 --> 46:54.720]  that he's put in front of him, in fact set on the bench and read them in front of him.
[46:54.720 --> 47:00.720]  Now granted, this is a judge I would like to appear before because most of the ones
[47:00.720 --> 47:06.520]  that I'm having to stand in front of and try to educate them, you may as well be talking
[47:06.520 --> 47:11.820]  to a refrigerated mackerel at the meat section of the supermarket, okay?
[47:11.820 --> 47:15.420]  They look about the same and they think about the same.
[47:15.420 --> 47:20.680]  And fortunately, they don't always smell the same, but that's another story altogether.
[47:20.680 --> 47:27.300]  But the point being, do not ever go into these places assuming that they're going to follow
[47:27.300 --> 47:28.300]  the rules.
[47:28.300 --> 47:30.020]  That is a mistake.
[47:30.020 --> 47:31.480]  It is a mistake.
[47:31.480 --> 47:36.920]  I'm not saying go in, be belligerent, be obnoxious or anything, but don't for one minute think
[47:36.920 --> 47:43.000]  they're going to follow the rules if you don't hold them to the rules.
[47:43.000 --> 47:49.360]  And it'll become very apparent very quickly if they intend to follow the rules or not.
[47:49.360 --> 47:53.600]  Now what we were talking about about that separate classification, I was trying to see
[47:53.600 --> 47:59.120]  if Randy could come up with any argument that I missed on why this separate classification
[47:59.120 --> 48:01.060]  would be valid.
[48:01.060 --> 48:06.160]  After all the things they circumvented in denial of a constitutional protection, not
[48:06.160 --> 48:12.400]  a grant, but a protection under the right to counsel, the right to discovery, the right
[48:12.400 --> 48:18.040]  to a fair and impartial trial, a right to an indictment, a right to an examining trial,
[48:18.040 --> 48:20.280]  all of these things.
[48:20.280 --> 48:24.840]  Is there anything that you can see in this, Randy, that I've missed that would make everything
[48:24.840 --> 48:28.080]  they're doing okay and me just wrong?
[48:28.080 --> 48:37.120]  You mean all of a sudden denying me a right to counsel, right to discovery?
[48:37.120 --> 48:39.520]  Yeah, simply because they can't throw you in jail.
[48:39.520 --> 48:43.360]  Even though you're still being charged with a criminal act, just because the act itself
[48:43.360 --> 48:48.200]  does not involve jail time, they completely change what your rights are in that type of
[48:48.200 --> 48:49.200]  trial.
[48:49.200 --> 48:52.200]  Did I lose you?
[48:52.200 --> 48:53.200]  No.
[48:53.200 --> 48:54.200]  Okay.
[48:54.200 --> 48:55.200]  I'm here.
[48:55.200 --> 49:02.360]  I was trying to turn my internal sounds off and I turned you off.
[49:02.360 --> 49:10.480]  I can't find anything in law that differentiates.
[49:10.480 --> 49:11.720]  How did they get to this?
[49:11.720 --> 49:15.840]  You don't get discovery in a class C misdemeanor.
[49:15.840 --> 49:17.960]  Or assistance of counsel.
[49:17.960 --> 49:20.200]  Where did they come up with that?
[49:20.200 --> 49:21.560]  How did they get the idea?
[49:21.560 --> 49:22.560]  It's not in the Constitution.
[49:22.560 --> 49:24.760]  Hell, it's nowhere in the statute.
[49:24.760 --> 49:32.120]  Nowhere in the statute does it say that you are to be denied counsel on a class C misdemeanor.
[49:32.120 --> 49:34.160]  Nowhere.
[49:34.160 --> 49:35.760]  But they do it.
[49:35.760 --> 49:37.320]  How do they do it?
[49:37.320 --> 49:38.600]  Why are they doing it?
[49:38.600 --> 49:43.160]  Well, for one thing, if they have to supply the counsel, their with the cost of the ticket
[49:43.160 --> 49:46.840]  they would have gotten from you right out the window to pay the attorney.
[49:46.840 --> 49:48.840]  They don't want to eat into the profit.
[49:48.840 --> 49:52.360]  Well, I'm fixing to eat into their profits.
[49:52.360 --> 49:57.360]  And the reason I wanted to go through all of this is because I want to have my criminal
[49:57.360 --> 50:01.640]  complaints already made up.
[50:01.640 --> 50:06.040]  First thing I'm going to want to do is call the prosecutor to stand.
[50:06.040 --> 50:08.320]  They're not going to let you do that.
[50:08.320 --> 50:12.560]  Then I've got to figure out what I do when they don't.
[50:12.560 --> 50:16.880]  Well, I guarantee, I've tried that, believe me.
[50:16.880 --> 50:18.120]  I've tried it.
[50:18.120 --> 50:20.600]  They'll flat deny that in a heartbeat.
[50:20.600 --> 50:23.080]  I've even tried to call the court clerk to the stand.
[50:23.080 --> 50:26.280]  They refuse to allow that either.
[50:26.280 --> 50:30.760]  But like I said, don't for one moment think these people are going to obey the rules.
[50:30.760 --> 50:34.360]  Oh, I absolutely do not.
[50:34.360 --> 50:43.720]  And I'm going to start out real fast right after the judge.
[50:43.720 --> 50:48.360]  I plan on having a whole stack of judicial conduct complaints.
[50:48.360 --> 50:50.120]  OK.
[50:50.120 --> 50:52.800]  So let's go back up to our steps now.
[50:52.800 --> 50:54.400]  You're standing before the magistrate.
[50:54.400 --> 50:56.920]  You're asking in what capacity are you sitting?
[50:56.920 --> 50:57.920]  OK.
[50:57.920 --> 51:03.480]  If you're here as a magistrate, then I want my examining trial.
[51:03.480 --> 51:05.880]  Well, we don't do examining trials.
[51:05.880 --> 51:09.640]  Then get out of here, get somebody in here who does.
[51:09.640 --> 51:10.640]  That's right.
[51:10.640 --> 51:16.200]  That's one of the things that the individual I was speaking of earlier who got discovery,
[51:16.200 --> 51:19.280]  he'll admit he didn't get an examining trial.
[51:19.280 --> 51:20.280]  OK.
[51:20.280 --> 51:25.600]  Nor did he get an arraignment by the proper court.
[51:25.600 --> 51:29.880]  In fact, he has gone from municipal court to the county court.
[51:29.880 --> 51:36.080]  And since I believe, if I'm not mistaken, the ticket he got predates the change in the
[51:36.080 --> 51:41.400]  law of September 1, 19 or 2009.
[51:41.400 --> 51:46.360]  And if that ticket predates, that municipal court was required by law to send him to the
[51:46.360 --> 51:50.120]  county court or statutory county court for the purpose of an arraignment and didn't do
[51:50.120 --> 51:51.120]  it.
[51:51.120 --> 51:59.160]  Now, the county court has admitted that a trial de novo is a do-over, yet they assume
[51:59.160 --> 52:03.640]  jurisdiction because they're treating that part of it as an appeal.
[52:03.640 --> 52:06.080]  Where in law do they get to mix these?
[52:06.080 --> 52:11.840]  Where does it say treat it partially as an appeal and partially as a trial do-over?
[52:11.840 --> 52:13.160]  A legal nullity?
[52:13.160 --> 52:15.920]  Well, it actually is an appeal.
[52:15.920 --> 52:22.200]  However, it's an appeal trial de novo.
[52:22.200 --> 52:28.200]  What all trial de novo goes to is you don't have to appeal on point of error.
[52:28.200 --> 52:31.780]  You appeal and there's nothing brought before the court.
[52:31.780 --> 52:36.520]  So the court has to redevelop all the information.
[52:36.520 --> 52:38.000]  Let me look here real quick.
[52:38.000 --> 52:44.720]  But I'm pretty sure that what it actually says is that it's done as if the previous
[52:44.720 --> 52:46.840]  trial never occurred.
[52:46.840 --> 52:48.640]  Yes.
[52:48.640 --> 52:51.920]  But exactly.
[52:51.920 --> 52:56.320]  So the court has to develop all of the facts again that...
[52:56.320 --> 52:57.320]  Including jurisdiction.
[52:57.320 --> 52:58.320]  Absolutely.
[52:58.320 --> 52:59.320]  That's where I'm going.
[52:59.320 --> 53:02.160]  And they refused.
[53:02.160 --> 53:12.040]  In any appeal, if the trial court didn't have subject matter jurisdiction, the appeals court
[53:12.040 --> 53:17.520]  cannot get subject matter jurisdiction either.
[53:17.520 --> 53:19.840]  And that's real clear in the case law.
[53:19.840 --> 53:20.840]  Yeah.
[53:20.840 --> 53:28.320]  Well, the attorney on the prosecution side brought in a case that in no way agreed with
[53:28.320 --> 53:34.760]  what the statutes or the constitution says in that regard and proceeded to trial without
[53:34.760 --> 53:41.840]  jurisdiction anyway, despite what the law says.
[53:41.840 --> 53:45.580]  So if you've got that case law, Randy, I'd sure like to get my hands on it as I am sure
[53:45.580 --> 53:47.080]  the other individual...
[53:47.080 --> 53:48.880]  I can pull that out.
[53:48.880 --> 53:51.040]  That goes to subject matter jurisdiction.
[53:51.040 --> 53:52.040]  Okay.
[53:52.040 --> 53:56.680]  I've got a large file on subject matter jurisdiction.
[53:56.680 --> 53:57.680]  Yeah.
[53:57.680 --> 54:03.000]  Well, that's exactly what he's needing because the judge is saying that because it's an appeal,
[54:03.000 --> 54:06.820]  he automatically gets jurisdiction, even if the lower court didn't have it.
[54:06.820 --> 54:08.640]  And that's complete BS.
[54:08.640 --> 54:12.040]  So he needs to file criminal charges against the judge.
[54:12.040 --> 54:15.520]  Well, I brought that issue up, but he doesn't want to...
[54:15.520 --> 54:20.720]  Since the judge is being so nice, he doesn't want to go that route.
[54:20.720 --> 54:22.960]  But I'm trying to get him to understand.
[54:22.960 --> 54:25.560]  Don't presume this judge is playing nice.
[54:25.560 --> 54:31.000]  He may be trying to do it right, but he's still not doing it right.
[54:31.000 --> 54:37.120]  He's insisting on something that common sense says cannot happen.
[54:37.120 --> 54:38.380]  It just can't.
[54:38.380 --> 54:40.880]  He doesn't need to do this out of anger or avarice.
[54:40.880 --> 54:43.480]  Oh, I know that and I understand it.
[54:43.480 --> 54:49.360]  Just follow the thunder and smile at the judge while you're doing it.
[54:49.360 --> 54:51.880]  Here, judge, you're a criminal.
[54:51.880 --> 54:57.400]  You need to stand down and get me a real judge up here.
[54:57.400 --> 55:02.440]  How else are we going to get your attention, even the judges who are genuinely nice guys?
[55:02.440 --> 55:03.440]  Yeah.
[55:03.440 --> 55:08.920]  It doesn't matter even if the judge is trying to do it correctly, you still must insist
[55:08.920 --> 55:12.120]  that he do all of it correctly.
[55:12.120 --> 55:17.720]  Because anything that you allow him to put by you, he's going to put by the next guy.
[55:17.720 --> 55:22.360]  And eventually, the process is going to be so ingrained in this judge that he is doing
[55:22.360 --> 55:26.760]  exactly the same thing that we're railing against right now.
[55:26.760 --> 55:32.000]  They've allowed their procedure to circumvent what the law requires.
[55:32.000 --> 55:36.000]  We've got to stop that before it ever gets started.
[55:36.000 --> 55:42.160]  We're too late for that, but now we have to interrupt what's going on.
[55:42.160 --> 55:45.920]  Well, we may not be entirely too late.
[55:45.920 --> 55:52.040]  If we get a new judge who's never actually gone through this before, that could be a
[55:52.040 --> 55:54.000]  place to start.
[55:54.000 --> 55:57.160]  But those that have been sitting up there and know their only job is to make sure the
[55:57.160 --> 56:00.580]  revenue keeps flowing, those are the problem children.
[56:00.580 --> 56:03.680]  And those are the ones we need to kick so hard they have to roll down their socks to
[56:03.680 --> 56:04.680]  eat.
[56:04.680 --> 56:05.680]  Yes.
[56:05.680 --> 56:14.360]  When I go in, I hope I get a really arrogant judge, because I want to be like Jerry Reed.
[56:14.360 --> 56:19.800]  I'm going to tear Lilio Algonso off.
[56:19.800 --> 56:29.080]  But yeah, we have to, and it's best to take them on on the minor details.
[56:29.080 --> 56:32.680]  Don't wait till they've done something horrendous that you get them in trouble for.
[56:32.680 --> 56:37.640]  I want to catch them on the first detail I can, and land right in the middle of it.
[56:37.640 --> 56:39.440]  Ask him to stand down from the bench.
[56:39.440 --> 56:45.280]  Oh, you don't do magistrate, do examining trials.
[56:45.280 --> 56:47.920]  You're not a magistrate then, get me a magistrate in here.
[56:47.920 --> 56:52.000]  Well, generally what I always tell the judges, I mean, invoking his duty as a magistrate,
[56:52.000 --> 56:55.120]  and that's a duty which may not shield yourself.
[56:55.120 --> 57:00.720]  If he refuses to do an examining trial, then I ask him to stand down from the bench and
[57:00.720 --> 57:05.240]  get me a real judge up here who can do a proper examining trial.
[57:05.240 --> 57:08.240]  A real magistrate.
[57:08.240 --> 57:11.480]  Magistrate.
[57:11.480 --> 57:17.000]  So that ought to tense him up right from the beginning.
[57:17.000 --> 57:20.920]  But now, once you're in front of that magistrate, and you're wanting to know in what capacity
[57:20.920 --> 57:26.360]  they're acting, the law says that they must have the probable cause of termination at
[57:26.360 --> 57:27.680]  the examining trial.
[57:27.680 --> 57:35.280]  Now, technically speaking, the law also says that 1517B does not allow them to send you
[57:35.280 --> 57:42.000]  out on bond if they haven't had the examining trial, because that's the only place they
[57:42.000 --> 57:43.000]  can set it.
[57:43.000 --> 57:44.000]  Yes.
[57:44.000 --> 57:45.000]  Okay.
[57:45.000 --> 57:52.160]  So, bail is taken by a magistrate after an examining trial, 17.05.
[57:52.160 --> 57:55.640]  It's real clear, real hard to misunderstand.
[57:55.640 --> 57:56.640]  Okay.
[57:56.640 --> 58:02.400]  So, that being said, how can they send you out on a bond under 1517B?
[58:02.400 --> 58:04.560]  They can't.
[58:04.560 --> 58:10.720]  They can let you out if the law allows, but that requires an examining trial and then
[58:10.720 --> 58:15.920]  the setting for 17.05.
[58:15.920 --> 58:19.160]  Hey folks, we'll be right back in just a few minutes and we'll pick this up on the other
[58:19.160 --> 58:22.160]  side and hopefully we'll get you a phone call.
[58:22.160 --> 58:28.120]  All right, callers, if you'd like to call in 512-646-1984, we've got Dan from Texas
[58:28.120 --> 58:29.120]  on the line.
[58:29.120 --> 58:57.360]  We'll be taking you when we get back.
[58:57.360 --> 59:00.400]  Okay.
[59:00.400 --> 59:04.580]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[59:04.580 --> 59:09.380]  We specialize in showing people how to strike back against corrupt public officials.
[59:09.380 --> 59:13.880]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[59:13.880 --> 59:15.920]  who have been cheated by their lenders.
[59:15.920 --> 59:20.120]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[59:20.120 --> 59:22.480]  thousands, but there is a remedy.
[59:22.480 --> 59:31.760]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[59:31.760 --> 59:37.340]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[59:37.340 --> 59:42.140]  We will prepare for you a qualified written request that will expose the fraud and put
[59:42.140 --> 59:44.040]  the lenders on the dime.
[59:44.040 --> 59:48.120]  Lender fraud is bankrupting this country and it's time to fight back.
[59:48.120 --> 59:57.760]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[59:57.760 --> 59:59.880]  money changers in their tracks.
[59:59.880 --> 01:00:04.640]  This news brief is brought to you by the International News Network.
[01:00:04.640 --> 01:00:10.960]  Presidential Airways, an affiliate of Z, formerly known as Blackwater, has been awarded a $39
[01:00:10.960 --> 01:00:16.520]  million contract from the Pentagon to ferry passengers and cargo in Afghanistan.
[01:00:16.520 --> 01:00:21.960]  In 2006, the National Transportation Safety Board found unprofessional behavior by a
[01:00:21.960 --> 01:00:27.320]  presidential flight crew was a key cause of a plane crash in Afghanistan in which six
[01:00:27.320 --> 01:00:28.960]  men died.
[01:00:28.960 --> 01:00:33.840]  A British Airways computer expert who allegedly offered to cover for cabin crew in the event
[01:00:33.840 --> 01:00:39.840]  of a strike appeared in a UK court Thursday charged with plotting suicide bombings.
[01:00:39.840 --> 01:00:46.840]  Rajib Karim allegedly obtained a passport and got a job at the airline to further the
[01:00:46.840 --> 01:00:47.840]  conspiracy.
[01:00:47.840 --> 01:00:52.760]  Two Israeli soldiers have been charged by the Israeli Army with using a Palestinian
[01:00:52.760 --> 01:00:56.760]  child as a human shield during the Gaza war.
[01:00:56.760 --> 01:01:03.920]  The soldiers are charged with forcing a nine-year-old boy to open bags suspected of containing explosives.
[01:01:03.920 --> 01:01:07.760]  This news brief is brought to you by the International News Network.
[01:01:07.760 --> 01:01:13.680]  The ground shook and buildings swayed as billionaire Sebastian Piñera took over as Chile's president
[01:01:13.680 --> 01:01:20.820]  Thursday, tasked with rebuilding after a massive 8.8 earthquake that killed 500 people.
[01:01:20.820 --> 01:01:27.040]  The magnitude 6.9 quake was nearly as powerful as the one that devastated Haiti in January.
[01:01:27.040 --> 01:01:32.400]  Piñera is a former senator who made a fortune on a credit card business and an airline.
[01:01:32.400 --> 01:01:37.240]  To fund reconstruction, the new leader is likely to issue international bonds and dip
[01:01:37.240 --> 01:01:39.480]  into the country's copper savings.
[01:01:39.480 --> 01:01:44.760]  Piñera is the first conservative leader in Chile after two decades of center-left rule
[01:01:44.760 --> 01:01:50.160]  that has consolidated the country's status as the most developed country in Latin America.
[01:01:50.160 --> 01:01:55.480]  President Bachelet left office with a record 84% approval rating even after criticisms
[01:01:55.480 --> 01:01:57.880]  of delays in government aid for victims.
[01:01:57.880 --> 01:02:02.520]  This news brief is brought to you by the International News Network.
[01:02:02.520 --> 01:02:07.340]  The UN charges millions of Yemenis are starving while the international community focuses
[01:02:07.340 --> 01:02:09.280]  on tackling al Qaeda.
[01:02:09.280 --> 01:02:14.820]  Vital food deliveries and assistance is being cut because of a near total absence of funding.
[01:02:14.820 --> 01:02:20.160]  The UN said more than 7 million people struggle daily to find enough food to live a healthy
[01:02:20.160 --> 01:02:26.000]  and productive life, leading to rates of malnutrition that are the third highest in the world.
[01:02:26.000 --> 01:02:32.240]  World Food Program Director Giancarlo Thierry said, quote, they are in a total poverty trap,
[01:02:32.240 --> 01:02:37.400]  finding most of the time they are illiterate and have no access to land or water.
[01:02:37.400 --> 01:02:44.800]  WFP estimates it will require $105 million this year and next to feed more than 3 million
[01:02:44.800 --> 01:02:50.920]  of Yemenis poor and hungry, including 250,000 people displaced by the recent war in the
[01:02:50.920 --> 01:02:53.760]  north and boatloads of Somali refugees.
[01:02:53.760 --> 01:03:04.880]  Top of the hour news brought to you by INN World Report.
[01:03:04.880 --> 01:03:11.880]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:11.880 --> 01:03:24.760]  talk radio at its best.
[01:04:11.880 --> 01:04:32.120]  Okay, now that the magistrate knows that they can't set bail or anything else without the
[01:04:32.120 --> 01:04:38.760]  examining trial, or at least they should know, and you've insisted that you have one, here's
[01:04:38.760 --> 01:04:46.320]  the thing, 1517, you very clearly under, 1517 basically is just a summarized version of
[01:04:46.320 --> 01:04:51.120]  chapter 16, which deals specifically with the examining trial.
[01:04:51.120 --> 01:04:56.560]  In an examining trial, you get to do every single thing you would get to do in the actual
[01:04:56.560 --> 01:04:57.840]  trial.
[01:04:57.840 --> 01:05:02.720]  You get to question witnesses, look at the evidence, review the complaint, make changes
[01:05:02.720 --> 01:05:07.520]  in the complaint if it's not correct, so on and so forth.
[01:05:07.520 --> 01:05:15.480]  All of these things that you're supposed to do before you ever have to make a plea, which
[01:05:15.480 --> 01:05:20.680]  is the purpose of the arraignment, to fix your identity and enter your plea.
[01:05:20.680 --> 01:05:26.040]  That's all an arraignment does, but the arraignment can't be had until probable cause has been
[01:05:26.040 --> 01:05:30.920]  determined via an examining trial.
[01:05:30.920 --> 01:05:36.800]  They completely deny class Cs an examining trial.
[01:05:36.800 --> 01:05:41.120]  That you go in there, they want to immediately jump to an arraignment.
[01:05:41.120 --> 01:05:47.920]  If you won't plead, or you say you can't plead, then they try to enter a plea for you.
[01:05:47.920 --> 01:05:54.800]  And again, deny you the same due process rights that all the other misdemeanors get.
[01:05:54.800 --> 01:05:59.560]  So what we want to do is keep objecting to every single thing the judge does.
[01:05:59.560 --> 01:06:05.000]  In these lower courts, that's why it's very important to have witnesses in the courtroom,
[01:06:05.000 --> 01:06:10.400]  and if at all possible, that digital recorder.
[01:06:10.400 --> 01:06:16.820]  You want to document everything the judge is supposed to do by your witnesses, and hopefully
[01:06:16.820 --> 01:06:20.680]  you've already prepared a stack of criminal complaints to go in there with it.
[01:06:20.680 --> 01:06:25.720]  Or at the very least, affidavits for all the witnesses to sign that you can attach to your
[01:06:25.720 --> 01:06:26.720]  criminal complaint.
[01:06:26.720 --> 01:06:31.440]  However you want to do it, just be prepared for it.
[01:06:31.440 --> 01:06:35.960]  Just remember, don't sign the complaint until the judge actually commits the crime, okay?
[01:06:35.960 --> 01:06:41.060]  They can only be signed after the fact, not before.
[01:06:41.060 --> 01:06:46.440]  But that being said, the judge is now committing a violation of the Constitution, of a self-enacting
[01:06:46.440 --> 01:06:48.880]  clause of the state Constitution.
[01:06:48.880 --> 01:06:50.560]  And guess what?
[01:06:50.560 --> 01:06:57.880]  That removes all protection and immunity from a public official.
[01:06:57.880 --> 01:07:04.320]  And courts in Texas are very clear, a violation of a self-enacting clause of the state Constitution
[01:07:04.320 --> 01:07:13.060]  removes immunity from any public official that did the violation, okay?
[01:07:13.060 --> 01:07:15.320]  So that's a good thing for us.
[01:07:15.320 --> 01:07:17.120]  We need to take advantage of it.
[01:07:17.120 --> 01:07:18.120]  All right.
[01:07:18.120 --> 01:07:19.120]  What do we want to do?
[01:07:19.120 --> 01:07:20.120]  Let's fight.
[01:07:20.120 --> 01:07:21.120]  That's it.
[01:07:21.120 --> 01:07:22.120]  Let's fight.
[01:07:22.120 --> 01:07:24.160]  Let's see what Dan's going to dump on us today.
[01:07:24.160 --> 01:07:27.080]  He's going to let us have it, I know.
[01:07:27.080 --> 01:07:28.080]  Okay.
[01:07:28.080 --> 01:07:29.080]  We're going to go to Dan from Texas.
[01:07:29.080 --> 01:07:30.080]  All right.
[01:07:30.080 --> 01:07:31.080]  Dan, thanks for calling in.
[01:07:31.080 --> 01:07:32.080]  What's on your mind tonight?
[01:07:32.080 --> 01:07:35.080]  From my mind, I really enjoy your program.
[01:07:35.080 --> 01:07:38.280]  I mean, I've only listened to it two or three times.
[01:07:38.280 --> 01:07:41.680]  And I'm actually learning a whole lot, even though I thought that I knew a whole lot about
[01:07:41.680 --> 01:07:42.680]  traffic.
[01:07:42.680 --> 01:07:44.320]  I've fought traffic for many years now.
[01:07:44.320 --> 01:07:49.280]  I've had a lot of success, basically more than anything else, just wearing them down
[01:07:49.280 --> 01:07:50.280]  because it is revenue-driven.
[01:07:50.280 --> 01:07:55.000]  You know, if you can drag them in long enough and harden up and fight them hard enough,
[01:07:55.000 --> 01:07:59.960]  and I have, I've recused judges because they've acted to help the prosecutor.
[01:07:59.960 --> 01:08:02.880]  When they do this, when they deny all your rights, they're helping the prosecutor.
[01:08:02.880 --> 01:08:07.840]  When they generate a complaint, which I'm sure you've experienced that, Eddie, where
[01:08:07.840 --> 01:08:13.240]  you go in there and all there is is a ticket, and when you finally get around at a certain
[01:08:13.240 --> 01:08:16.320]  point, you will find that there will be a complaint generated, and it's the court that's
[01:08:16.320 --> 01:08:18.720]  contacting the officer to get the complaint.
[01:08:18.720 --> 01:08:19.720]  That's correct.
[01:08:19.720 --> 01:08:20.720]  So when the court...
[01:08:20.720 --> 01:08:23.600]  Or they'll call the officer in right there and have them do it.
[01:08:23.600 --> 01:08:26.280]  Yeah, but let's say you're released on a ticket.
[01:08:26.280 --> 01:08:31.160]  You get stopped, you know, today, and you go in there a week later or two weeks later,
[01:08:31.160 --> 01:08:35.160]  or you go in at the last day, and you ask to see the magistrate, and they won't let
[01:08:35.160 --> 01:08:36.160]  you.
[01:08:36.160 --> 01:08:37.160]  That's been my experience.
[01:08:37.160 --> 01:08:38.160]  The court will...
[01:08:38.160 --> 01:08:39.160]  The clerk will say, you need to plea.
[01:08:39.160 --> 01:08:40.160]  You have to plea.
[01:08:40.160 --> 01:08:43.240]  You have to enter a plea, and then if you plead not guilty, we'll set it for pretrial.
[01:08:43.240 --> 01:08:44.240]  Okay?
[01:08:44.240 --> 01:08:49.200]  Well, if you refuse, what they'll do is, in my experience, is that the court clerk's acting
[01:08:49.200 --> 01:08:53.720]  on instruction of the JP or the judge will contact the officer and say, hey, we need
[01:08:53.720 --> 01:08:56.600]  a sworn complaint so they can try to move it forward.
[01:08:56.600 --> 01:09:00.040]  And when they do that, the judge has helped the prosecutor, and I've recused them before,
[01:09:00.040 --> 01:09:03.960]  and a lot of times that seems to end it because it's costing them money.
[01:09:03.960 --> 01:09:05.800]  They have to have another judge come in.
[01:09:05.800 --> 01:09:10.360]  But here's what I wanted to throw out there.
[01:09:10.360 --> 01:09:12.800]  You know, you were asking, how can they get away with this?
[01:09:12.800 --> 01:09:14.800]  Well, here's what I would say.
[01:09:14.800 --> 01:09:20.600]  I would say that the way most people handle traffic tickets, most uninformed people, what
[01:09:20.600 --> 01:09:24.960]  they do is they either hand deliver or they mail in a plea.
[01:09:24.960 --> 01:09:27.720]  Because when the officer stops you, he'll even give you this little form saying that
[01:09:27.720 --> 01:09:29.680]  you can mail in a plea.
[01:09:29.680 --> 01:09:33.720]  And the Code of Criminal Procedures, I forget which section, but it allows you, if you want,
[01:09:33.720 --> 01:09:39.920]  based on just a citation alone, you can mail in a plea of guilty, not guilty, or no contest,
[01:09:39.920 --> 01:09:41.400]  and mail in the payment if you want to.
[01:09:41.400 --> 01:09:42.400]  That's chapter 45.
[01:09:42.400 --> 01:09:47.600]  You can drop it off at the clerk's window, and I think that what happens is that when
[01:09:47.600 --> 01:09:54.280]  they do that, people are voluntarily waiving a whole bunch of rights, and they're voluntarily
[01:09:54.280 --> 01:09:56.040]  going into this kangaroo court.
[01:09:56.040 --> 01:10:02.520]  Because how can an American be forced to go to a court trial that is so meaningless that
[01:10:02.520 --> 01:10:06.200]  when you appeal, it's a trial, you know, but how can you be forced to go into a court where
[01:10:06.200 --> 01:10:07.200]  there's no record?
[01:10:07.200 --> 01:10:11.240]  And as a matter of fact, they won't even let you bring your own court reporter.
[01:10:11.240 --> 01:10:14.800]  I've seen printouts from them saying you can't have a recording device because it's not a
[01:10:14.800 --> 01:10:15.800]  court of record.
[01:10:15.800 --> 01:10:16.800]  Okay?
[01:10:16.800 --> 01:10:20.000]  How can you be forced to waste your time as an American?
[01:10:20.000 --> 01:10:22.760]  It's designed to wear you down because they're enforcing this.
[01:10:22.760 --> 01:10:26.200]  What I believe is that by entering the plea, you're waiving all that.
[01:10:26.200 --> 01:10:27.200]  You're agreeing.
[01:10:27.200 --> 01:10:29.560]  Now, let's say you do plead guilty.
[01:10:29.560 --> 01:10:31.120]  Why would you need an examining trial?
[01:10:31.120 --> 01:10:32.240]  Why would you need an arraignment?
[01:10:32.240 --> 01:10:34.080]  The law allows you to make a plea.
[01:10:34.080 --> 01:10:39.680]  If you're prepared to plea to just a citation, you almost establish probable cause all by
[01:10:39.680 --> 01:10:40.680]  yourself.
[01:10:40.680 --> 01:10:41.680]  You see?
[01:10:41.680 --> 01:10:42.680]  I don't know if I have a problem with that.
[01:10:42.680 --> 01:10:43.680]  Well, if you enter a plea of guilty, that's true.
[01:10:43.680 --> 01:10:44.680]  I don't know if I have a problem with that.
[01:10:44.680 --> 01:10:48.760]  And if you enter a plea of guilty, that's most assuredly what you're doing.
[01:10:48.760 --> 01:10:51.680]  As long as it's above board, as long as they explain to people, look, you just want to
[01:10:51.680 --> 01:10:55.520]  get it over, you want to waive all these rights, pay the ticket, here you go, here's how you
[01:10:55.520 --> 01:10:56.520]  do it.
[01:10:56.520 --> 01:10:59.800]  But I believe there's a second path, which is what you're trying to do and what I've
[01:10:59.800 --> 01:11:04.640]  tried to do, where you demand every element of due process rights and what they have to
[01:11:04.640 --> 01:11:07.840]  do is they have to give you an arraignment on the record, they have to give you an examining
[01:11:07.840 --> 01:11:08.840]  trial.
[01:11:08.840 --> 01:11:13.560]  They have to establish probable cause and when there's only a citation filed because
[01:11:13.560 --> 01:11:18.120]  they don't bother to get complaints in most cases, they're so used to people doing it
[01:11:18.120 --> 01:11:23.080]  the way 99% of people do it that they don't generate a complaint until they feel like
[01:11:23.080 --> 01:11:24.080]  they need one.
[01:11:24.080 --> 01:11:29.000]  So if they gave you that examining trial when you walked in there, there'd be no sworn accusation
[01:11:29.000 --> 01:11:33.120]  against you and the judge would have to come back with a finding of no probable cause and
[01:11:33.120 --> 01:11:34.600]  that's why they don't want to do it.
[01:11:34.600 --> 01:11:36.320]  They don't want to give you any of this stuff.
[01:11:36.320 --> 01:11:37.520]  Well, that's true.
[01:11:37.520 --> 01:11:41.200]  That's exactly why they're doing it and my question was actually rhetorical.
[01:11:41.200 --> 01:11:42.880]  I know why they're doing it.
[01:11:42.880 --> 01:11:46.840]  I'm trying to get the other folks out there that are listening to this to ask that question
[01:11:46.840 --> 01:11:48.040]  of themselves.
[01:11:48.040 --> 01:11:51.080]  How are they getting away with this?
[01:11:51.080 --> 01:11:54.960]  And the truth is it's because we are letting them.
[01:11:54.960 --> 01:11:55.960]  That's the whole truth.
[01:11:55.960 --> 01:12:01.800]  And 95% of the people that are out there that aren't educated simply mail in a plea and
[01:12:01.800 --> 01:12:02.960]  a payment in most cases.
[01:12:02.960 --> 01:12:07.520]  I had a county attorney basically tell me that 90% of the people mail in a plea with
[01:12:07.520 --> 01:12:08.520]  a payment.
[01:12:08.520 --> 01:12:13.320]  They plead guilty or no contest and that the remaining 10, 90% of them bring the check
[01:12:13.320 --> 01:12:16.200]  to the window filled out.
[01:12:16.200 --> 01:12:20.280]  Only about 1% of the people even enter a plea of not guilty.
[01:12:20.280 --> 01:12:22.720]  And fighting the courts works.
[01:12:22.720 --> 01:12:29.320]  I was in Keller, Texas and I had to appear down there for something that I didn't appear
[01:12:29.320 --> 01:12:30.320]  before the court.
[01:12:30.320 --> 01:12:32.240]  I don't even know where it was.
[01:12:32.240 --> 01:12:36.000]  And I wanted to watch the court proceedings and I wouldn't know what was going on.
[01:12:36.000 --> 01:12:40.680]  So I asked the court for a docket sheet.
[01:12:40.680 --> 01:12:42.600]  And she said, well, I can't.
[01:12:42.600 --> 01:12:43.600]  She didn't know about that.
[01:12:43.600 --> 01:12:46.880]  So she went to the judge and came back and said, well, we can't give you that.
[01:12:46.880 --> 01:12:47.880]  And I told her, don't tell me that.
[01:12:47.880 --> 01:12:48.880]  She said, well, I have to.
[01:12:48.880 --> 01:12:51.880]  I said, no, no, get the judge to tell me that.
[01:12:51.880 --> 01:12:53.880]  And she said, well, why?
[01:12:53.880 --> 01:12:57.960]  I said, well, I'm going to if nobody gives me a docket sheet, I'm going to ask somebody
[01:12:57.960 --> 01:13:00.760]  to be arrested and I don't want it to be you.
[01:13:00.760 --> 01:13:06.960]  So she went to talk to the judge and I went and got the bailiff.
[01:13:06.960 --> 01:13:09.320]  I'd been talking to him, so he thought I was cool.
[01:13:09.320 --> 01:13:14.520]  When he comes with me, the judge came back out and I asked her for the docket sheet.
[01:13:14.520 --> 01:13:18.280]  And she said, well, you can't get the docket sheet.
[01:13:18.280 --> 01:13:21.520]  I turned to the bailiff and said, Mr. Bailiff, do you hear that?
[01:13:21.520 --> 01:13:23.120]  She said, yes, I did.
[01:13:23.120 --> 01:13:25.120]  Arrest that judge.
[01:13:25.120 --> 01:13:30.680]  And you should have seen the look on her face when I asked the bailiff to arrest the judge.
[01:13:30.680 --> 01:13:38.160]  It looked like I'd hit her with a frying pan like Wiley Coyote.
[01:13:38.160 --> 01:13:43.360]  Well, I came in the next, you know, she finally stumbled around and went and got me a docket
[01:13:43.360 --> 01:13:44.360]  sheet.
[01:13:44.360 --> 01:13:51.760]  I come to court the next time this judge is gone, they got a new judge and ask what happened
[01:13:51.760 --> 01:13:52.760]  to them.
[01:13:52.760 --> 01:13:58.560]  And the bailiff told me, well, a couple of days after you were here, she quit.
[01:13:58.560 --> 01:14:03.240]  So it does work to go after them.
[01:14:03.240 --> 01:14:07.400]  I'd still rather see a look in a striped daylight for a few months, minimal.
[01:14:07.400 --> 01:14:08.400]  Hey, Randy?
[01:14:08.400 --> 01:14:09.400]  Yeah.
[01:14:09.400 --> 01:14:10.400]  And Eddie?
[01:14:10.400 --> 01:14:11.400]  Yes, sir.
[01:14:11.400 --> 01:14:12.400]  Can you hear me?
[01:14:12.400 --> 01:14:15.520]  I want to just tell you real quick something that happened to me recently.
[01:14:15.520 --> 01:14:18.360]  I'll make it very brief, okay?
[01:14:18.360 --> 01:14:25.440]  I got stopped on December 31st of 2009, obviously, okay, the day before New Year's.
[01:14:25.440 --> 01:14:32.520]  And what happened was that the officer actually wrote the citation and basically the date
[01:14:32.520 --> 01:14:36.440]  said it was the honor before, you know, they don't specify like the statute says, but they
[01:14:36.440 --> 01:14:38.680]  put the honor before language.
[01:14:38.680 --> 01:14:45.200]  But what he put was honor before January 15th or something like that, Eddie.
[01:14:45.200 --> 01:14:48.160]  Tried to write 2009, but he didn't close the nine.
[01:14:48.160 --> 01:14:51.800]  So it actually looked like a 2004, okay?
[01:14:51.800 --> 01:14:54.320]  But obviously, mentally, he was still back in 2009.
[01:14:54.320 --> 01:14:59.160]  He didn't realize that the next day would be January 1st of 2010, and he should have
[01:14:59.160 --> 01:15:02.120]  made it January 15th of 2010.
[01:15:02.120 --> 01:15:03.120]  Are you with me?
[01:15:03.120 --> 01:15:04.120]  Yeah.
[01:15:04.120 --> 01:15:05.120]  Okay.
[01:15:05.120 --> 01:15:08.080]  So what happened was I typed up a little letter to the court and I mailed it off.
[01:15:08.080 --> 01:15:11.760]  And I said, you know, this is impossible, I can't go back in time.
[01:15:11.760 --> 01:15:13.960]  And the officer actually violated the statute.
[01:15:13.960 --> 01:15:17.200]  And basically, for that reason alone, this ticket should be dismissed.
[01:15:17.200 --> 01:15:18.800]  And it was a very respectful letter.
[01:15:18.800 --> 01:15:24.040]  And I said that, you know, you have no real duty or business trying to salvage this ticket,
[01:15:24.040 --> 01:15:29.240]  trying to save it, trying to do anything with it, except let it sit there, okay?
[01:15:29.240 --> 01:15:32.880]  And I actually typed out and put the section on what they call bail jumping and violate
[01:15:32.880 --> 01:15:36.800]  promise to appear, and pointed out that they couldn't really charge me with bail jumping
[01:15:36.800 --> 01:15:38.960]  or violate promise to appear.
[01:15:38.960 --> 01:15:42.040]  Because that section says if you're lawfully released from custody on condition that you
[01:15:42.040 --> 01:15:46.200]  subsequently appear, I'm paraphrasing, and you fail to appear according to the terms
[01:15:46.200 --> 01:15:47.920]  you're released, blah, blah, blah.
[01:15:47.920 --> 01:15:51.640]  You know, you're guilty and can be charged with this, unless you have a really good reason
[01:15:51.640 --> 01:15:52.640]  or excuse.
[01:15:52.640 --> 01:15:54.440]  So I'm paraphrasing that also.
[01:15:54.440 --> 01:15:59.440]  And I said my excuse is I don't have a time machine, I can't go back in time, okay?
[01:15:59.440 --> 01:16:03.360]  And basically, it sat there kind of dormant, but when I called to kind of follow up on
[01:16:03.360 --> 01:16:06.760]  it, the clerk said that the court was going to send it to the county attorney's office
[01:16:06.760 --> 01:16:10.120]  and try to see what he had to say about it, okay?
[01:16:10.120 --> 01:16:15.520]  Now, the court doing that basically made the county attorney aware that this even exists.
[01:16:15.520 --> 01:16:20.360]  Otherwise, it would sit on the shelf gathering dust till doomsday, okay?
[01:16:20.360 --> 01:16:24.120]  And if they could not get the sworn and verified complaint within two years, the statute of
[01:16:24.120 --> 01:16:25.120]  limitations would expire.
[01:16:25.120 --> 01:16:27.600]  I've had that happen before, okay?
[01:16:27.600 --> 01:16:30.360]  When they didn't know what to do, I made my little appearance and then kind of walked
[01:16:30.360 --> 01:16:34.720]  out and they put the folder aside.
[01:16:34.720 --> 01:16:35.720]  You're going to break.
[01:16:35.720 --> 01:16:36.720]  Yeah, we're going to break.
[01:16:36.720 --> 01:16:38.720]  And we've got Jeff from Texas up next.
[01:16:38.720 --> 01:16:42.920]  So hang on just a minute, we'll finish up with you on the other side, okay?
[01:16:42.920 --> 01:16:43.920]  All right.
[01:16:43.920 --> 01:16:45.920]  Okay, we'll be right back.
[01:16:45.920 --> 01:17:00.520]  Callers, if you'd like to call in 512-646-1984, we will be right back.
[01:17:00.520 --> 01:17:05.480]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[01:17:05.480 --> 01:17:09.200]  easy and neither is finding like-minded people to share it with.
[01:17:09.200 --> 01:17:12.120]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:17:12.120 --> 01:17:13.120]  Brave New Books?
[01:17:13.120 --> 01:17:17.920]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[01:17:17.920 --> 01:17:20.480]  Jones, Ron Paul, and G. Edward Griffin.
[01:17:20.480 --> 01:17:23.960]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:23.960 --> 01:17:26.800]  There's no way a place like that exists.
[01:17:26.800 --> 01:17:28.280]  Go check it out for yourself.
[01:17:28.280 --> 01:17:32.640]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:32.640 --> 01:17:36.000]  By UT, there's never anywhere to park down there.
[01:17:36.000 --> 01:17:41.240]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:17:41.240 --> 01:17:43.440]  facility just behind the bookstore.
[01:17:43.440 --> 01:17:47.200]  It does exist, but when are they open?
[01:17:47.200 --> 01:17:52.000]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[01:17:52.000 --> 01:17:58.480]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:17:58.480 --> 01:18:24.200]  Ain't gonna blame me, don't blame me, well, ain't gonna fool me with that same old trick
[01:18:24.200 --> 01:18:25.200]  again.
[01:18:25.200 --> 01:18:34.200]  I was blindsided, but now I can see your plans You put the fear in my pocket, took the money
[01:18:34.200 --> 01:18:39.200]  from my hands Ain't gonna fool me with that same old trick
[01:18:39.200 --> 01:19:05.800]  again, ain't gonna fool me, ain't gonna fool me with that same old trick again
[01:19:05.800 --> 01:19:14.160]  I get it now, but then I must have been out of luck Back then you had me, but now you'll
[01:19:14.160 --> 01:19:16.360]  be in the wrong We're taking your calls
[01:19:16.360 --> 01:19:20.000]  Ain't gonna get me with that same old suckin' plight
[01:19:20.000 --> 01:19:21.000]  We're talking with Dan.
[01:19:21.000 --> 01:19:24.640]  Okay, go ahead, Dan, and wrap it up because we've got to go to other callers.
[01:19:24.640 --> 01:19:26.360]  Okay, I'll wrap it up real quick.
[01:19:26.360 --> 01:19:29.680]  Now, what happened was I thought this thing was gone, that they just decided it was too
[01:19:29.680 --> 01:19:34.520]  much trouble, too confused, whatever have you, but I actually came back, I was out of
[01:19:34.520 --> 01:19:39.880]  town helping a family member, and I came back into town and found in my mailbox a letter
[01:19:39.880 --> 01:19:44.640]  from the court, okay, saying that they've set a hearing of some kind, it doesn't say
[01:19:44.640 --> 01:19:49.280]  what kind of hearing, on the 29th of March, and it had a copy of the complaint in there
[01:19:49.280 --> 01:19:54.040]  that was sworn to in front of the county attorney, but there was no information.
[01:19:54.040 --> 01:19:58.520]  And on this letter from the court, which is also unsigned, okay, so it doesn't legally
[01:19:58.520 --> 01:20:03.960]  qualify as a summons, there's actually some rules provided for that, it actually says
[01:20:03.960 --> 01:20:09.680]  that if I do not show up, that a warrant will be issued for a failure to appear.
[01:20:09.680 --> 01:20:15.760]  Now, basically, if you read that statute, the violate promise to appear, bail jumping,
[01:20:15.760 --> 01:20:19.200]  you'll see that if you are lawfully released from custody, you fail to appear.
[01:20:19.200 --> 01:20:23.160]  And because it was written wrong, and even if the ticket was written right and I had
[01:20:23.160 --> 01:20:28.360]  appeared and the magistrate had not done his job and released me on bond, which would be
[01:20:28.360 --> 01:20:32.080]  a second promise to appear, the ticket would be the first promise to appear, and they would
[01:20:32.080 --> 01:20:35.040]  have to extract a second promise to appear from me.
[01:20:35.040 --> 01:20:40.400]  There's no legal way that they could charge me with bail jumping or violate promise to
[01:20:40.400 --> 01:20:41.840]  appear if I don't show up.
[01:20:41.840 --> 01:20:44.840]  Now, we all know that they would anyway.
[01:20:44.840 --> 01:20:45.840]  Exactly.
[01:20:45.840 --> 01:20:51.720]  Yeah, if I don't show up, they'll just go ahead and issue a warrant because I guess
[01:20:51.720 --> 01:20:55.480]  they think they can get away with it, but I have not jumped a bail because no bail was
[01:20:55.480 --> 01:21:00.840]  given to me and no second promise to appear, like a PR bond, they make you promise to appear
[01:21:00.840 --> 01:21:03.600]  on into the future, okay?
[01:21:03.600 --> 01:21:08.240]  All there was was the original citation, which was dated wrong to begin with.
[01:21:08.240 --> 01:21:10.280]  But this is what we're up against.
[01:21:10.280 --> 01:21:13.440]  Oh, I wish that's all we were up against.
[01:21:13.440 --> 01:21:18.040]  Well, I mean, it's not all we're up against, obviously, but it's just a small example of
[01:21:18.040 --> 01:21:19.040]  what we're up against.
[01:21:19.040 --> 01:21:22.520]  Yeah, we're up against judges who could care less what the law says.
[01:21:22.520 --> 01:21:25.240]  I'll let you get to the other callers and I'm going to keep listening, so I appreciate
[01:21:25.240 --> 01:21:26.240]  your show.
[01:21:26.240 --> 01:21:27.240]  Thank you, Dan.
[01:21:27.240 --> 01:21:28.240]  Thanks, Dan.
[01:21:28.240 --> 01:21:32.200]  Okay, we're going now to Jeff in Texas.
[01:21:32.200 --> 01:21:34.440]  Hey, Jeff, thanks for calling in.
[01:21:34.440 --> 01:21:35.440]  What's on your mind tonight?
[01:21:35.440 --> 01:21:38.240]  Yeah, can you turn your volume up?
[01:21:38.240 --> 01:21:42.240]  I could hear the previous caller, but you guys are way low.
[01:21:42.240 --> 01:21:45.440]  Jeff, can you please get off of Skype?
[01:21:45.440 --> 01:21:51.440]  I think that's probably your problem because we never seem to have problems with anybody
[01:21:51.440 --> 01:21:56.040]  except for people that call in on Skype, so try to call in on a regular phone line.
[01:21:56.040 --> 01:21:58.640]  We're going to go now to Will in Austin.
[01:21:58.640 --> 01:22:00.440]  Will, thanks for calling in.
[01:22:00.440 --> 01:22:01.440]  What's on your mind tonight?
[01:22:01.440 --> 01:22:06.440]  Hi, I just thought I'd check in with Eddie and Randy.
[01:22:06.440 --> 01:22:12.320]  Eddie gave me some information on my ticket situation.
[01:22:12.320 --> 01:22:18.640]  I recently did get to a prosecutor meeting and that's when they finally came up with
[01:22:18.640 --> 01:22:29.240]  a complaint on my citation over two months after the file was opened.
[01:22:29.240 --> 01:22:40.920]  Then Eddie suggested I get an FOIA form and I got a hold of Randy, which is where he said
[01:22:40.920 --> 01:22:45.040]  they were, in one of his websites.
[01:22:45.040 --> 01:22:46.800]  I guess I'm just too much of a literalist.
[01:22:46.800 --> 01:22:53.720]  I'm real new at this and so I'm having a hard time doing some of the easiest stuff to y'all.
[01:22:53.720 --> 01:23:02.120]  I found some forms, a number of forms, with Randy's direction, but they're called open
[01:23:02.120 --> 01:23:04.120]  government requests and I was expecting...
[01:23:04.120 --> 01:23:05.120]  Yeah, okay.
[01:23:05.120 --> 01:23:12.160]  I was going to say, FOIA really applies to the federal government, but we kind of use
[01:23:12.160 --> 01:23:22.600]  freedom of information request as a general term and frankly, I've kind of clobbered public
[01:23:22.600 --> 01:23:29.320]  officials before when they say, when I call it the open... It used to be open records,
[01:23:29.320 --> 01:23:30.320]  now it's open government.
[01:23:30.320 --> 01:23:31.320]  They're changing around.
[01:23:31.320 --> 01:23:37.840]  Do they give me any crap all the... Well, just give it to me under whatever law applies.
[01:23:37.840 --> 01:23:48.200]  I've rewritten my records requests so that they don't specify any particular open record
[01:23:48.200 --> 01:23:59.280]  law, 552 government code, the constitutional right to public courts, or whatever law applies,
[01:23:59.280 --> 01:24:02.600]  so I don't get that crap all the... It really doesn't matter.
[01:24:02.600 --> 01:24:08.120]  You don't have to cite the law under which you're requesting something for the law to
[01:24:08.120 --> 01:24:09.120]  be operative.
[01:24:09.120 --> 01:24:14.360]  I see, and I read a bunch of your forms and the one that seemed to be most tailored to
[01:24:14.360 --> 01:24:20.200]  what I'm going to have to do, I'll have to, of course, amend it for my own use, is the
[01:24:20.200 --> 01:24:25.880]  one with your heading on it that says open government request, where...
[01:24:25.880 --> 01:24:31.160]  Yeah, that was just kind of generic and just general and it leaves a big open space for
[01:24:31.160 --> 01:24:32.880]  you to put in whatever you want.
[01:24:32.880 --> 01:24:38.600]  Yeah, because my complaint was apparently generated by two women here in Austin who
[01:24:38.600 --> 01:24:44.680]  are assistant clerks, and one doesn't even work here anymore, so I don't know what date
[01:24:44.680 --> 01:24:56.520]  that she was no longer there, because this was dated... Actually, there's a conflict
[01:24:56.520 --> 01:25:05.280]  of dating in it that I went down to the court on February 17th, and I asked for everything
[01:25:05.280 --> 01:25:13.480]  that was in my folder on February 17th, and this was supposedly signed on February 2nd,
[01:25:13.480 --> 01:25:23.680]  about 15 days difference, and it still hadn't gotten in there in that 15 days.
[01:25:23.680 --> 01:25:32.360]  My need to find out, open government records, is to find out if this one clerk, when her
[01:25:32.360 --> 01:25:41.840]  employment terminated, to see if there's any conflict in this being dated after she left.
[01:25:41.840 --> 01:25:46.160]  What are you... I'm not understanding the nature of the conflict of the date.
[01:25:46.160 --> 01:25:47.160]  I've got...
[01:25:47.160 --> 01:25:51.520]  Well, the thing is, the complaint that they signed on him was signed by two clerks of
[01:25:51.520 --> 01:25:54.920]  the court, one signed it, one witnessed it, okay?
[01:25:54.920 --> 01:25:59.720]  The problem is that one of the signers doesn't work there anymore, so what we're trying
[01:25:59.720 --> 01:26:03.080]  to find out is, did she leave before the date of the signing?
[01:26:03.080 --> 01:26:06.000]  Yes, that's kind of what I thought you were going to get to.
[01:26:06.000 --> 01:26:12.280]  Did they use a stamp of her signature or some other electronic reproduction?
[01:26:12.280 --> 01:26:18.120]  Which would prove the document of forgery and really put somebody in hot water.
[01:26:18.120 --> 01:26:23.200]  The arresting officer, or the officer that was called to the accident, is nowhere in
[01:26:23.200 --> 01:26:26.520]  the complaint, of course.
[01:26:26.520 --> 01:26:31.880]  The first thing that comes to mind is, nah, they wouldn't do anything that stupid.
[01:26:31.880 --> 01:26:35.640]  They seem to be keep doing it over and over and over.
[01:26:35.640 --> 01:26:36.640]  Yeah.
[01:26:36.640 --> 01:26:43.720]  Ken Magnuson and Ben Drum were... Ben had a ticket, I forget, somewhere east of Dallas,
[01:26:43.720 --> 01:26:56.120]  and they got a verified oath of office from this officer, but the stamp that they stamped
[01:26:56.120 --> 01:27:03.320]  the oath with was expired when they stamped it.
[01:27:03.320 --> 01:27:11.720]  So Ken said, I can't imagine a notary, not knowing that their notary stamp was expired.
[01:27:11.720 --> 01:27:19.680]  He said, I bet this cop went in there and dug an old notary stamp out of the drawer
[01:27:19.680 --> 01:27:23.280]  and stamped his oath with it.
[01:27:23.280 --> 01:27:31.120]  When he files criminal charges against the notary, the notary's going to have a fit.
[01:27:31.120 --> 01:27:33.400]  Would they do things that stupid?
[01:27:33.400 --> 01:27:38.640]  Absolutely they would.
[01:27:38.640 --> 01:27:43.040]  This goes to a real important point.
[01:27:43.040 --> 01:27:44.880]  Pay attention to the details.
[01:27:44.880 --> 01:27:45.880]  Yes.
[01:27:45.880 --> 01:27:47.760]  Read everything.
[01:27:47.760 --> 01:27:48.760]  Examine everything.
[01:27:48.760 --> 01:28:01.200]  Yeah, I had a guy a couple days ago, went to closing on a note and was reading every
[01:28:01.200 --> 01:28:08.200]  document and said that the trustee had a fit, threatened to cancel the closing if he read
[01:28:08.200 --> 01:28:12.600]  all the documents, because she didn't have time.
[01:28:12.600 --> 01:28:18.960]  In 17 years she'd never had anybody do that, 17 years.
[01:28:18.960 --> 01:28:23.800]  I actually had one of my cases in this same court down here with this judge.
[01:28:23.800 --> 01:28:29.560]  I wanted to show that the court was acting as the prosecution and was not acting as an
[01:28:29.560 --> 01:28:35.160]  impartial judicial as they were supposed to be, and I managed to do that because the notice
[01:28:35.160 --> 01:28:44.120]  they sent me in the mail to appear for trial, not a pre-hearing, to appear for trial, the
[01:28:44.120 --> 01:28:50.400]  date the letters were signed and mailed to me was two weeks before there was a criminal
[01:28:50.400 --> 01:28:54.280]  complaint signed and filed in the case.
[01:28:54.280 --> 01:28:58.000]  So how can a court order me to appear for a trial when there's not even a criminal
[01:28:58.000 --> 01:29:01.920]  complaint in existence?
[01:29:01.920 --> 01:29:04.960]  Maybe you have a clairvoyant court.
[01:29:04.960 --> 01:29:05.960]  That may be.
[01:29:05.960 --> 01:29:08.000]  That was the same thing you saw happen to me.
[01:29:08.000 --> 01:29:17.840]  I had to go see before the judge, before they even had gotten a plea of guilty or not guilty
[01:29:17.840 --> 01:29:21.360]  on the second ticket, the court date that they had.
[01:29:21.360 --> 01:29:26.600]  Yeah, they were trying to hold him in violation of a previous order, but the requirements
[01:29:26.600 --> 01:29:30.480]  were that he not be convicted on a new one.
[01:29:30.480 --> 01:29:34.560]  Well, he hadn't been convicted yet, but they were going to hold a hearing and revoke everything
[01:29:34.560 --> 01:29:35.560]  anyway.
[01:29:35.560 --> 01:29:36.560]  Right.
[01:29:36.560 --> 01:29:39.400]  All right, Will, we're going to break.
[01:29:39.400 --> 01:29:42.280]  Do you have another question that we need to hang around for?
[01:29:42.280 --> 01:29:47.720]  Well, I hope I can kind of talk to y'all later and-
[01:29:47.720 --> 01:29:49.720]  Okay, listen, we're going to break right now.
[01:29:49.720 --> 01:29:51.320]  Do you need to hang on or no?
[01:29:51.320 --> 01:29:52.320]  No.
[01:29:52.320 --> 01:29:53.320]  Okay, all right.
[01:29:53.320 --> 01:30:00.520]  We'll be right back and we'll go to Greg in Texas.
[01:30:00.520 --> 01:30:03.680]  Are you the plaintiff or defendant in a lawsuit?
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[01:30:59.360 --> 01:31:15.280]  Okay, we are back, we're taking your calls, we've got another half hour left of the show,
[01:31:15.280 --> 01:31:18.400]  512-646-1984.
[01:31:18.400 --> 01:31:24.480]  And folks, I will ask y'all one more time, I'll start having the call screeners mention
[01:31:24.480 --> 01:31:25.480]  it as well.
[01:31:25.480 --> 01:31:28.120]  Please do not call in on Skype, okay?
[01:31:28.120 --> 01:31:32.960]  Please do not call in on Skype, I realize that we do not have an 800 number that is
[01:31:32.960 --> 01:31:41.440]  not within our budget range right now, however, most cell phone plans have unlimited minutes
[01:31:41.440 --> 01:31:48.040]  after 7 or 8 p.m. or at least a considerable amount, even if you don't have a landline,
[01:31:48.040 --> 01:31:51.440]  I mean, most people have cell phones these days.
[01:31:51.440 --> 01:31:55.520]  If you don't, just pay for the long distance call, please or else you're going to have
[01:31:55.520 --> 01:32:00.200]  to work something else out, but please do not use Skype because if you get on Skype
[01:32:00.200 --> 01:32:04.640]  with a headset, it's going to be blasting loud, I can't accommodate for it, it's usually
[01:32:04.640 --> 01:32:10.080]  a very bad quality where people use their onboard microphones and their laptops and
[01:32:10.080 --> 01:32:14.120]  their speakers at the same time, and it gets all kinds of feedback and audio problems,
[01:32:14.120 --> 01:32:18.680]  so please do not call in on Skype, please, all right?
[01:32:18.680 --> 01:32:25.720]  Please just call in on a regular phone, no headset, no Bluetooth, none of those little
[01:32:25.720 --> 01:32:29.480]  dangling, you know, like the iPhone thing with the microphone on the wire that's hanging
[01:32:29.480 --> 01:32:34.760]  down by your chin, don't use any of that stuff, just use a regular phone, if you use a cell
[01:32:34.760 --> 01:32:37.080]  phone, use the handset, please.
[01:32:37.080 --> 01:32:39.640]  Okay, we're going to go now to Greg in Texas.
[01:32:39.640 --> 01:32:42.640]  Greg, thanks for calling in, what's on your mind?
[01:32:42.640 --> 01:32:43.800]  Hi, Debra.
[01:32:43.800 --> 01:32:48.600]  You guys are awesome, you did a great job Saturday, I just want to appreciate that.
[01:32:48.600 --> 01:32:49.600]  Oh, thanks.
[01:32:49.600 --> 01:32:56.560]  Appreciate what you're doing, and I had a little case, this little curfew thing, I'm
[01:32:56.560 --> 01:33:01.840]  not going to get into that because you all have a lot of other important things to do,
[01:33:01.840 --> 01:33:06.280]  but I was there in spirit with you guys on Saturday and listened to just about every
[01:33:06.280 --> 01:33:12.720]  minute of it, and I just, if the FCC ever shuts you down, I think I'll really snap.
[01:33:12.720 --> 01:33:17.240]  Well, rule of law radio will never go down, that's for sure because it's an Internet
[01:33:17.240 --> 01:33:23.800]  stream, and the FCC doesn't have their grubby little hands on that yet, so, all right, go
[01:33:23.800 --> 01:33:24.800]  ahead.
[01:33:24.800 --> 01:33:29.040]  Well, I just want to thank you guys, and Randy and you, and I wish I could have been there,
[01:33:29.040 --> 01:33:37.120]  I don't have a vehicle and I can't get around like that, but you all did a great job, and
[01:33:37.120 --> 01:33:42.200]  I just want to thank you for that, and oh, and your thing last week about Mr. Blue Tie
[01:33:42.200 --> 01:33:48.320]  and the cat with the feathers in his mouth about broke a rib laughing at that, it's so
[01:33:48.320 --> 01:33:49.320]  funny.
[01:33:49.320 --> 01:33:51.400]  Well, yeah, it was pretty funny.
[01:33:51.400 --> 01:33:59.320]  Had you been there and saw, I saw the look on the, on the fed's face, he was so embarrassed
[01:33:59.320 --> 01:34:04.000]  and he's looking past me and I turned around and looked at Deb and she was just cracking
[01:34:04.000 --> 01:34:05.000]  up.
[01:34:05.000 --> 01:34:09.600]  Yeah, well you all have me cracking up, I just pictured this big Cheshire cat with feathers
[01:34:09.600 --> 01:34:13.760]  sticking out, you're great, you guys take care.
[01:34:13.760 --> 01:34:14.760]  Thank you.
[01:34:14.760 --> 01:34:21.880]  Okay, we don't have any other callers on the bridge right now, 512-646-1984, if you all
[01:34:21.880 --> 01:34:27.080]  want to call in, we're discussing traffic issues or other things that may be on your
[01:34:27.080 --> 01:34:31.080]  mind, so, go ahead, Randy.
[01:34:31.080 --> 01:34:36.640]  Getting to, through all of the steps of what to do when you come to court is getting to
[01:34:36.640 --> 01:34:44.640]  be difficult, we'll probably have this done by 2022, there's so many, changing the statutes
[01:34:44.640 --> 01:34:45.640]  we might.
[01:34:45.640 --> 01:34:50.280]  Well, there's so many issues that we keep dancing around, I like this though because
[01:34:50.280 --> 01:34:54.440]  it helps you get a better feel for how the laws fit together.
[01:34:54.440 --> 01:34:56.520]  And how they're being broken.
[01:34:56.520 --> 01:35:02.080]  And when you, when you jostle them around this way, the primary laws tend to stick in
[01:35:02.080 --> 01:35:10.560]  your mind a lot better, so it sounds like we're just bouncing all over the place, but
[01:35:10.560 --> 01:35:17.200]  this will make a lot more sense to folks, and if we can get them to begin to understand
[01:35:17.200 --> 01:35:23.400]  them rather than just know them, then it gets a lot easier to work in court.
[01:35:23.400 --> 01:35:29.200]  But I'm fixing to go to court, and I want this one to be a really, really good one,
[01:35:29.200 --> 01:35:34.240]  so that's why I'm pushing to sort all this out, and frankly, this is good for me because
[01:35:34.240 --> 01:35:40.600]  it, we're looking at what the judge may do, and then when they, when the judge does what
[01:35:40.600 --> 01:35:46.160]  he does, we will have already came up with options.
[01:35:46.160 --> 01:35:52.080]  Yes, that's the plan I'm hoping is to do that, have the options in place before they're
[01:35:52.080 --> 01:35:53.080]  needed.
[01:35:53.080 --> 01:36:00.240]  Yeah, I'm, I am looking forward to asking the judge to call in a U.S. Marshal, I mean
[01:36:00.240 --> 01:36:05.520]  a City Marshal, because in Austin they've got City Marshals, and have him arrest the
[01:36:05.520 --> 01:36:14.720]  prosecuting attorney for practicing law without a license, amongst other things.
[01:36:14.720 --> 01:36:17.360]  Amongst other things, and especially if it's a city attorney.
[01:36:17.360 --> 01:36:24.040]  Oh, it will definitely be a city attorney, and I hope it's that, the big kind of robust
[01:36:24.040 --> 01:36:28.320]  guy that was there the first time.
[01:36:28.320 --> 01:36:34.680]  This guy appeared to be dumb as a box of rocks, and he frankly looked like a nice guy, but
[01:36:34.680 --> 01:36:39.400]  dumb as a box of rocks, so I would like to have fun with him.
[01:36:39.400 --> 01:36:40.400]  Yeah.
[01:36:40.400 --> 01:36:43.480]  And we've got some callers, folks, you want to go to the call board?
[01:36:43.480 --> 01:36:44.480]  Yes, ma'am.
[01:36:44.480 --> 01:36:49.160]  We've got Tony from Illinois, Tony, thanks for calling in, what's on your mind tonight?
[01:36:49.160 --> 01:36:52.160]  How are you doing?
[01:36:52.160 --> 01:36:53.160]  Pretty good.
[01:36:53.160 --> 01:37:01.000]  Regarding the host of office request under 5 U.S.C. 3331, do you also request affidavits
[01:37:01.000 --> 01:37:08.480]  3332, 3333, officer affidavit and employee affidavit?
[01:37:08.480 --> 01:37:12.600]  No, I haven't actually.
[01:37:12.600 --> 01:37:16.760]  Because that looks like it might be interesting, let me see, I'll pull it up here.
[01:37:16.760 --> 01:37:19.400]  Now, are you talking title 18, 3332?
[01:37:19.400 --> 01:37:23.240]  No, I think it's title 5.
[01:37:23.240 --> 01:37:25.600]  5 U.S.C. 3332, and...
[01:37:25.600 --> 01:37:31.320]  Okay, I was going to say, title 18, 3332 will let us report them directly to an attorney
[01:37:31.320 --> 01:37:36.880]  for the federal government, who is required by law to do exactly what the attorneys here
[01:37:36.880 --> 01:37:41.320]  in the state is supposed to be doing when they get a criminal complaint.
[01:37:41.320 --> 01:37:52.960]  Okay, the employee affidavit under 3333 says, accept as provided by, let's see, employee
[01:37:52.960 --> 01:37:53.960]  affidavit...
[01:37:53.960 --> 01:37:58.320]  Okay, so you can't strike against the government, you basically have to file an affidavit within
[01:37:58.320 --> 01:38:06.280]  60 days after accepting the office or employment, that your, the affidavit is prima facie evidence
[01:38:06.280 --> 01:38:12.240]  that the acceptance and holding of office or employment by the affidavit does not or
[01:38:12.240 --> 01:38:21.400]  will not violate section 7311 of this title, and I think that 7311 is regarding loyalty
[01:38:21.400 --> 01:38:27.360]  and I think that you won't strike against the government or something like that, but
[01:38:27.360 --> 01:38:34.520]  apparently it's required as a matter of employment, so that might be something to request as well,
[01:38:34.520 --> 01:38:35.520]  right?
[01:38:35.520 --> 01:38:36.520]  Who's employment?
[01:38:36.520 --> 01:38:43.400]  Is this all public officials that are required to take the oath, or just...
[01:38:43.400 --> 01:38:54.240]  Well apparently, 3333 is an employee affidavit and 3332 is a officer affidavit.
[01:38:54.240 --> 01:38:59.120]  Well yeah, but in those cases, those would have to be federal employees and officers.
[01:38:59.120 --> 01:39:02.960]  There wouldn't be any direct authority for doing act of statute like that affecting the
[01:39:02.960 --> 01:39:05.880]  government officers of the states.
[01:39:05.880 --> 01:39:10.720]  Oh yeah, I understand, I understand that we're just talking federal here.
[01:39:10.720 --> 01:39:11.720]  Yeah.
[01:39:11.720 --> 01:39:12.720]  Okay.
[01:39:12.720 --> 01:39:18.400]  And officers' employees, are you familiar with the difference between the two?
[01:39:18.400 --> 01:39:22.560]  Well, it lied to me.
[01:39:22.560 --> 01:39:31.320]  An employee is someone who just performs a essentially administrative function.
[01:39:31.320 --> 01:39:36.920]  An officer is anyone who makes command decisions on their own.
[01:39:36.920 --> 01:39:40.160]  Right, that's okay, yeah, that's what I thought.
[01:39:40.160 --> 01:39:44.040]  Another one of your tactics is the bar complaint.
[01:39:44.040 --> 01:39:45.040]  Yes.
[01:39:45.040 --> 01:39:52.640]  Now I was reading on the Texas Bar website that, you know, one of the reasons for your
[01:39:52.640 --> 01:39:58.240]  tactics is that even though they might throw it in the trash, that it'll affect their malpractice
[01:39:58.240 --> 01:39:59.240]  insurance.
[01:39:59.240 --> 01:40:00.240]  Yes.
[01:40:00.240 --> 01:40:07.320]  Now, if they throw it in the trash, reading on the Texas Bar website, it seems that if
[01:40:07.320 --> 01:40:10.880]  they throw it in the trash, they'll just mark it as an inquiry.
[01:40:10.880 --> 01:40:19.240]  Are they required to report inquiries to the, you know, the malpractice insurance companies?
[01:40:19.240 --> 01:40:24.160]  As far as I understand, everyone that's filed must be reported.
[01:40:24.160 --> 01:40:25.440]  Oh really?
[01:40:25.440 --> 01:40:30.040]  This thing of inquiry is fairly recent.
[01:40:30.040 --> 01:40:36.520]  This year is the first I've heard of it, and I think it's a ploy on the part of these
[01:40:36.520 --> 01:40:43.840]  guys to try to find a way around the issue, but in looking at that, what they claimed
[01:40:43.840 --> 01:40:52.680]  was that if you didn't claim a violation of a Karen, then they would consider it as
[01:40:52.680 --> 01:40:54.760]  an inquiry.
[01:40:54.760 --> 01:41:03.680]  So I tell people always to look at the Bar Association standards and write your complaint
[01:41:03.680 --> 01:41:07.040]  in the terms of a violation of a specific canon.
[01:41:07.040 --> 01:41:10.840]  You can always find one, they're real general.
[01:41:10.840 --> 01:41:16.020]  But as far as you know, it doesn't matter how the Texas, the Bar or whatever state rules
[01:41:16.020 --> 01:41:17.280]  on your complaint?
[01:41:17.280 --> 01:41:18.280]  Right.
[01:41:18.280 --> 01:41:27.040]  As far as I know, but that is a very acute distinction to make because certainly they're
[01:41:27.040 --> 01:41:32.360]  trying to find a way to protect their fellow bar members.
[01:41:32.360 --> 01:41:39.320]  Anyone who thinks that the Texas State Bar is a governing agency over attorneys is dreaming.
[01:41:39.320 --> 01:41:43.760]  It's a public relations agency for the attorneys and it's there to protect them.
[01:41:43.760 --> 01:41:50.280]  Yeah, you would expect the insurance companies to want to know everything that comes through.
[01:41:50.280 --> 01:42:01.520]  Yeah, so I think this is a ploy on their part to try to hide the complaints or the grievances,
[01:42:01.520 --> 01:42:07.960]  but I'm pretty close to getting my website set up and I had someone on the other day,
[01:42:07.960 --> 01:42:17.560]  Brian from Colorado, and I want to talk to him about how to structure a claim against
[01:42:17.560 --> 01:42:26.120]  their bond so we can make it automatic so when we write the bar grievance, it prepares
[01:42:26.120 --> 01:42:32.160]  the claim against their bond and he said we could send that to Lloyds of London who underwrites
[01:42:32.160 --> 01:42:36.560]  all of these nine companies that do malpractice.
[01:42:36.560 --> 01:42:44.720]  I've got to get the details on that, but that would be great.
[01:42:44.720 --> 01:42:46.400]  We can use that to really kick behind.
[01:42:46.400 --> 01:42:47.760]  We probably need to move ahead.
[01:42:47.760 --> 01:42:48.760]  We've got two more calls.
[01:42:48.760 --> 01:42:49.760]  All right, I'll get off the line.
[01:42:49.760 --> 01:42:50.760]  You guys are off.
[01:42:50.760 --> 01:42:51.760]  Bye.
[01:42:51.760 --> 01:42:52.760]  Thanks, sir.
[01:42:52.760 --> 01:42:53.760]  All right, who else we got?
[01:42:53.760 --> 01:43:11.320]  Something's up.
[01:43:11.320 --> 01:43:12.320]  I can't hear anybody.
[01:43:12.320 --> 01:43:13.320]  There we go.
[01:43:13.320 --> 01:43:14.320]  Sorry.
[01:43:14.320 --> 01:43:15.320]  We've got Dan from Connecticut.
[01:43:15.320 --> 01:43:16.320]  All right.
[01:43:16.320 --> 01:43:17.320]  Okay, go ahead, Dan.
[01:43:17.320 --> 01:43:18.320]  Thanks for calling in.
[01:43:18.320 --> 01:43:19.320]  What's on your mind tonight?
[01:43:19.320 --> 01:43:20.320]  Oh, nothing.
[01:43:20.320 --> 01:43:26.880]  Just a neat little idea since I'm starting to accumulate a lot of Connecticut-specific
[01:43:26.880 --> 01:43:28.880]  motions and documents.
[01:43:28.880 --> 01:43:35.240]  Randy, I was wondering what you would think if I could send boilerplate stuff to you and
[01:43:35.240 --> 01:43:39.960]  you could add it to juris imprudence, that is.
[01:43:39.960 --> 01:43:42.960]  Hold on one second, Dan.
[01:43:42.960 --> 01:43:43.960]  We'll be right back.
[01:43:43.960 --> 01:43:44.960]  Stay on the line.
[01:43:44.960 --> 01:43:47.960]  Callers, we've got one more segment, 512-646-1984.
[01:43:47.960 --> 01:44:04.920]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:44:04.920 --> 01:44:09.080]  Stop debt collectors now with the Michael Mears Proven Method.
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[01:44:19.160 --> 01:44:24.920]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[01:44:24.920 --> 01:44:29.560]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[01:44:29.560 --> 01:44:33.760]  financial tables on them and make them pay you to go away.
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[01:44:40.840 --> 01:44:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:44:46.560 --> 01:44:49.520]  or email michaelmears at yahoo.com.
[01:44:49.520 --> 01:44:58.560]  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
[01:44:58.560 --> 01:44:59.560]  collectors now.
[01:44:59.560 --> 01:45:00.560]  Hello.
[01:45:00.560 --> 01:45:01.560]  Oh, man.
[01:45:01.560 --> 01:45:02.560]  He's in jail.
[01:45:02.560 --> 01:45:11.560]  He got busted, man.
[01:45:11.560 --> 01:45:21.560]  Oh, man, I'm broke, man.
[01:45:21.560 --> 01:45:29.560]  Some things in this world I will never understand.
[01:45:29.560 --> 01:45:33.560]  Somebody's gonna police that policeman.
[01:45:33.560 --> 01:45:37.560]  Somebody's gonna police the bully.
[01:45:37.560 --> 01:45:42.560]  There's always a room at the top of the hill.
[01:45:42.560 --> 01:45:47.560]  I hear things are great, fine, and it's lonely left too.
[01:45:47.560 --> 01:45:51.560]  They're wishing it was more than opposition to fail.
[01:45:51.560 --> 01:45:55.560]  They know that if they don't do it, somebody will.
[01:45:55.560 --> 01:46:01.560]  Some things in this world I will never understand.
[01:46:01.560 --> 01:46:02.560]  Okay, we are back.
[01:46:02.560 --> 01:46:04.560]  We're speaking with Dan in Connecticut.
[01:46:04.560 --> 01:46:05.560]  Okay, Dan, go ahead.
[01:46:05.560 --> 01:46:07.560]  What's on your mind tonight?
[01:46:07.560 --> 01:46:11.560]  All right, Dan, go ahead.
[01:46:11.560 --> 01:46:13.560]  Go ahead, Dan.
[01:46:13.560 --> 01:46:18.560]  I'm having so much fun here that I'm starting to accumulate a lot of really good motions
[01:46:18.560 --> 01:46:21.560]  that I've written already specific to Connecticut.
[01:46:21.560 --> 01:46:25.560]  So I was wondering if it would be any help if I sent them to you guys.
[01:46:25.560 --> 01:46:27.560]  It's kind of like boilerplate filling the blanks.
[01:46:27.560 --> 01:46:32.560]  I mean, nothing too specific, but obviously discovery requests, whatnot,
[01:46:32.560 --> 01:46:34.560]  because I figured that would help.
[01:46:34.560 --> 01:46:37.560]  And if everybody else out there could probably do the same,
[01:46:37.560 --> 01:46:38.560]  we'd get that going.
[01:46:38.560 --> 01:46:40.560]  That would really speed things along.
[01:46:40.560 --> 01:46:41.560]  Absolutely.
[01:46:41.560 --> 01:46:49.560]  I have on Jerson and Prudence, on my Jerson and Prudence site, under Documents and Research,
[01:46:49.560 --> 01:46:52.560]  I have a research folder.
[01:46:52.560 --> 01:46:59.560]  If people want to send me state-specific pleadings, I'll make state folders
[01:46:59.560 --> 01:47:04.560]  and drop them in the folders and make them available to anybody who wants them.
[01:47:04.560 --> 01:47:07.560]  Oh, and you know what else I found the other day?
[01:47:07.560 --> 01:47:11.560]  A PDF for Connecticut bar grievances.
[01:47:11.560 --> 01:47:12.560]  Oh, good.
[01:47:12.560 --> 01:47:19.560]  It's just you can type in all the information right there, the same for judicial conduct complaints.
[01:47:19.560 --> 01:47:25.560]  Well, if you will get me those, I'm getting pretty close to where I can get my sites set up.
[01:47:25.560 --> 01:47:29.560]  I will use those, take those, and convert them to forms.
[01:47:29.560 --> 01:47:35.560]  Yeah, because I took your mother of all Brady motions there, and I made it Connecticut-specific.
[01:47:35.560 --> 01:47:37.560]  Wonderful, wonderful.
[01:47:37.560 --> 01:47:38.560]  Yeah, so there will be a lot of fun there.
[01:47:38.560 --> 01:47:42.560]  But anyway, I'm going to get going, you guys probably have other callers, but keep up the good work,
[01:47:42.560 --> 01:47:44.560]  and I figured I'd throw that your way.
[01:47:44.560 --> 01:47:48.560]  Well, thanks, Dan.
[01:47:48.560 --> 01:47:52.560]  Okay, we do have open phone lines right now.
[01:47:52.560 --> 01:47:59.560]  We've got about 10 minutes left, so callers, if you'd like to call in, 512-646-1984.
[01:47:59.560 --> 01:48:01.560]  Oh, my God, no callers.
[01:48:01.560 --> 01:48:02.560]  What do we do now?
[01:48:02.560 --> 01:48:03.560]  What are you going to do?
[01:48:03.560 --> 01:48:06.560]  What are we going to do?
[01:48:06.560 --> 01:48:13.560]  Well, we're going to go back to talking about how do I get everything in place, every detail in place,
[01:48:13.560 --> 01:48:19.560]  so no matter what they do, I've got more stuff to kick the corpola out of them when I get to court.
[01:48:19.560 --> 01:48:21.560]  Well, now, you've got all the motions, right?
[01:48:21.560 --> 01:48:30.560]  The petition for a prosecutor to show authority and motion for a fair and impartial trial and all that good stuff, right?
[01:48:30.560 --> 01:48:33.560]  No, but I don't know if I have all of them.
[01:48:33.560 --> 01:48:34.560]  Yeah, I've got them all in the folder.
[01:48:34.560 --> 01:48:40.560]  Yes, I've got them all, and I've got some more interesting ones I'm making up.
[01:48:40.560 --> 01:48:42.560]  More interesting ones?
[01:48:42.560 --> 01:48:47.560]  Yeah, notice and demand, and I'll have a whole stack of criminal complaints with me,
[01:48:47.560 --> 01:48:53.560]  and I'll take some bar grievances and judicial conduct complaint forms with me,
[01:48:53.560 --> 01:48:59.560]  and I'll have them spread out all over the table, and I don't know if they have wireless.
[01:48:59.560 --> 01:49:05.560]  If they do, I'll bring somebody with me to do legal research so that if the prosecutor mentions a court case,
[01:49:05.560 --> 01:49:10.560]  I can pull it up and check to see if he lied to the judge.
[01:49:10.560 --> 01:49:14.560]  Oh, this is going to be fun.
[01:49:14.560 --> 01:49:16.560]  Well, I guarantee you they'll pull it up to lie to the judge.
[01:49:16.560 --> 01:49:18.560]  I've watched them do it.
[01:49:18.560 --> 01:49:20.560]  Okay.
[01:49:20.560 --> 01:49:22.560]  They'll do what?
[01:49:22.560 --> 01:49:25.560]  I said they will pull it up and lie to the judge.
[01:49:25.560 --> 01:49:26.560]  I've watched them do it.
[01:49:26.560 --> 01:49:27.560]  Oh, yeah.
[01:49:27.560 --> 01:49:32.560]  Oh, if I can catch it, oh, that would be great.
[01:49:32.560 --> 01:49:37.560]  So if I have somebody there with a computer and a little printer,
[01:49:37.560 --> 01:49:43.560]  I think I've got a small printer around here, we just print them out or put them on a zip drive
[01:49:43.560 --> 01:49:45.560]  and ask the prosecutor to print it out.
[01:49:45.560 --> 01:49:51.560]  Well, I think it would make a very substantial argument that the judge would have a really hard time
[01:49:51.560 --> 01:49:57.560]  reasonably going beyond to make the argument that, as I've made before,
[01:49:57.560 --> 01:50:00.560]  that the city attorney cannot prosecute in the name of the state.
[01:50:00.560 --> 01:50:04.560]  Well, right here in the statute, sorry, statute doesn't hold any water
[01:50:04.560 --> 01:50:09.560]  because Article 1, Section 29 says if any law is written that derogates the Bill of Rights
[01:50:09.560 --> 01:50:13.560]  or any other provision of the Constitution, it is null and void.
[01:50:13.560 --> 01:50:16.560]  So I don't care what the statute says.
[01:50:16.560 --> 01:50:23.560]  The Constitution says this is who can do it.
[01:50:23.560 --> 01:50:24.560]  Okay.
[01:50:24.560 --> 01:50:25.560]  Where were we when we stopped?
[01:50:25.560 --> 01:50:29.560]  That's exactly where I want to go.
[01:50:29.560 --> 01:50:33.560]  Yeah, we were in the process of demanding our examining trial
[01:50:33.560 --> 01:50:37.560]  and watching the judge hem and haw and say we don't do that here.
[01:50:37.560 --> 01:50:38.560]  Well, fine.
[01:50:38.560 --> 01:50:39.560]  Find me another car wash.
[01:50:39.560 --> 01:50:43.560]  I want details on my car, not just the washing on the outside.
[01:50:43.560 --> 01:50:45.560]  I want it all taken care of.
[01:50:45.560 --> 01:50:49.560]  And if you can't do it, I'll go to someone who can.
[01:50:49.560 --> 01:50:54.560]  And it does work to ask the judge to stand down from the bench.
[01:50:54.560 --> 01:50:58.560]  That's not a request they get off.
[01:50:58.560 --> 01:51:07.560]  I just did a request for a new trial where we maintained that we had a right to a
[01:51:07.560 --> 01:51:14.560]  competent jurist in the first instance, at least one who could read the English language.
[01:51:14.560 --> 01:51:17.560]  And I hope the judge got to see that one.
[01:51:17.560 --> 01:51:19.560]  So, okay.
[01:51:19.560 --> 01:51:25.560]  I want an examining trial, and obviously they're going to refuse the examining trial.
[01:51:25.560 --> 01:51:30.560]  And then I will what?
[01:51:30.560 --> 01:51:33.560]  Well, at that point, there's a lot of things that could follow what?
[01:51:33.560 --> 01:51:39.560]  After the hubbub dies down, after I've asked the bailiff to drag the judge down off the bench
[01:51:39.560 --> 01:51:47.560]  and get me in a magistrate in here to do his job because I've got the statute here that says,
[01:51:47.560 --> 01:51:50.560]  actually, I could ask him to arrest the officer.
[01:51:50.560 --> 01:51:51.560]  Yeah.
[01:51:51.560 --> 01:51:55.560]  Well, at that point, you could also sign the criminal complaint for abuse of official
[01:51:55.560 --> 01:51:59.560]  capacity and official oppression and demand the judge's disqualification.
[01:51:59.560 --> 01:52:02.560]  I'll have that already written when I go in.
[01:52:02.560 --> 01:52:04.560]  But I'm looking at things I can do.
[01:52:04.560 --> 01:52:15.560]  If I ask for an examining trial and the judge refuses to perform an examining trial,
[01:52:15.560 --> 01:52:23.560]  then I can ask the prosecutor to take criminal complaints against the arresting officer.
[01:52:23.560 --> 01:52:25.560]  Or the non-arresting officer?
[01:52:25.560 --> 01:52:26.560]  The non-arresting officer.
[01:52:26.560 --> 01:52:35.560]  Well, what 543-006 paragraph B says is that in 005, he's authorized to release someone
[01:52:35.560 --> 01:52:42.560]  after arrest if they sign a promise to appear in accordance with 006.
[01:52:42.560 --> 01:52:50.560]  006 says the citation must be...
[01:52:50.560 --> 01:52:54.560]  Must be before a magistrate having jurisdiction of the offense.
[01:52:54.560 --> 01:53:03.560]  The first one, it must order me to appear at least 10 days after the date of the offense.
[01:53:03.560 --> 01:53:04.560]  That's A.
[01:53:04.560 --> 01:53:11.560]  And B, must require that I appear before a magistrate of the county.
[01:53:11.560 --> 01:53:13.560]  Don't say anything about a judge.
[01:53:13.560 --> 01:53:21.560]  So what the ticket actually says is that you'll appear and plead guilty, not guilty, or no
[01:53:21.560 --> 01:53:24.560]  contending. That's what it actually says on the ticket.
[01:53:24.560 --> 01:53:33.560]  Well, he doesn't have authority to authorize me to sign that particular document.
[01:53:33.560 --> 01:53:38.560]  He would have been required to bring me, if he wouldn't let me sign one promise to appear
[01:53:38.560 --> 01:53:42.560]  before a magistrate, then he had to take me to the magistrate himself.
[01:53:42.560 --> 01:53:45.560]  And he failed to do so.
[01:53:45.560 --> 01:53:55.560]  So I'll ask him to arrest the officer and declare the officer not a credible witness
[01:53:55.560 --> 01:54:01.560]  because he committed crimes against me and therefore is a trespasser of initial from
[01:54:01.560 --> 01:54:03.560]  the beginning.
[01:54:03.560 --> 01:54:04.560]  All right.
[01:54:04.560 --> 01:54:08.560]  We also have a caller, Ken from Texas.
[01:54:08.560 --> 01:54:09.560]  Ken, thanks for calling in.
[01:54:09.560 --> 01:54:10.560]  What's on your mind tonight?
[01:54:10.560 --> 01:54:13.560]  You got barely three and a half minutes.
[01:54:13.560 --> 01:54:14.560]  That's plenty of time.
[01:54:14.560 --> 01:54:17.560]  I want to talk about promises.
[01:54:17.560 --> 01:54:23.560]  When we get stopped by one of these armed people and they make its promise to appear,
[01:54:23.560 --> 01:54:25.560]  they take that pretty seriously, don't they?
[01:54:25.560 --> 01:54:31.560]  I mean, if we don't show up, they're going to put a warrant or something else on us.
[01:54:31.560 --> 01:54:32.560]  Exactly.
[01:54:32.560 --> 01:54:33.560]  You know what?
[01:54:33.560 --> 01:54:34.560]  What about these officers?
[01:54:34.560 --> 01:54:41.560]  I know we've talked all around this, but the officers and all the court people, don't they
[01:54:41.560 --> 01:54:43.560]  have oaths of office?
[01:54:43.560 --> 01:54:49.560]  Isn't that a promise that they've promised to uphold the laws?
[01:54:49.560 --> 01:54:50.560]  Exactly.
[01:54:50.560 --> 01:54:52.560]  The same knife that they're going to cut us with?
[01:54:52.560 --> 01:54:56.560]  Isn't that the same blade that we can use against them?
[01:54:56.560 --> 01:55:03.560]  That's why I do so enjoy asking a bailiff to arrest the judge.
[01:55:03.560 --> 01:55:07.560]  I actually had one tell me once that he worked for the judge.
[01:55:07.560 --> 01:55:09.560]  I begged to differ.
[01:55:09.560 --> 01:55:11.560]  He worked for the sheriff.
[01:55:11.560 --> 01:55:13.560]  This was in a county court.
[01:55:13.560 --> 01:55:17.560]  You work for the sheriff and the sheriff works for me, so does the judge.
[01:55:17.560 --> 01:55:23.560]  You've sworn on your oath to keep the peace and it makes no difference who breaches it.
[01:55:23.560 --> 01:55:26.560]  Absolutely.
[01:55:26.560 --> 01:55:34.560]  I considered in court to ask the officer who gave me the ticket, because he's going to be there at the trial,
[01:55:34.560 --> 01:55:39.560]  ask him to arrest the prosecuting attorney.
[01:55:39.560 --> 01:55:43.560]  That'd be a hoot.
[01:55:43.560 --> 01:55:44.560]  Okay, I interrupted you.
[01:55:44.560 --> 01:55:45.560]  Go ahead.
[01:55:45.560 --> 01:55:46.560]  No.
[01:55:46.560 --> 01:55:53.560]  I just wanted to put that out there because it seems that that's a tremendous opportunity that we're missing
[01:55:53.560 --> 01:56:01.560]  because they want to come after us for the slightest little perception that we didn't follow our promise.
[01:56:01.560 --> 01:56:02.560]  But wait a minute.
[01:56:02.560 --> 01:56:04.560]  Let's look at the Code of Criminal Procedure.
[01:56:04.560 --> 01:56:08.560]  All these rules that you have broken, rules.
[01:56:08.560 --> 01:56:10.560]  You have to rule my protection of due process.
[01:56:10.560 --> 01:56:12.560]  And you've skipped over all these.
[01:56:12.560 --> 01:56:15.560]  Each one of those is a violation of your promise.
[01:56:15.560 --> 01:56:18.560]  How about you going to jail for violating your promise?
[01:56:18.560 --> 01:56:21.560]  That is exactly what I want done.
[01:56:21.560 --> 01:56:23.560]  Yeah, and that's what we're after.
[01:56:23.560 --> 01:56:29.560]  The problem is you're trying to use the sword against the sword teacher, basically.
[01:56:29.560 --> 01:56:32.560]  Even though they're not really, that's the way they view it.
[01:56:32.560 --> 01:56:34.560]  Well, you can't use that against me.
[01:56:34.560 --> 01:56:35.560]  I'm the one that taught it to you.
[01:56:35.560 --> 01:56:37.560]  I'm the one responsible for it.
[01:56:37.560 --> 01:56:38.560]  You can't use that against me.
[01:56:38.560 --> 01:56:47.560]  So what they've done is put themselves in a separate class, a more privileged class than those of us out here.
[01:56:47.560 --> 01:56:51.560]  That alone is a constitutional violation.
[01:56:51.560 --> 01:56:56.560]  And there's nothing more fun than going and getting security and tell them to come with you
[01:56:56.560 --> 01:57:02.560]  because I think somebody's going to commit a crime, and when they do, I'm going to want you arrested.
[01:57:02.560 --> 01:57:09.560]  I was sitting with Michael Bannerick, and he was telling about me asking a bailiff to go in and arrest a district judge.
[01:57:09.560 --> 01:57:11.560]  Okay, we need to move quickly.
[01:57:11.560 --> 01:57:14.560]  We've got a couple of minutes and a half left, and we've got Gary from Georgia.
[01:57:14.560 --> 01:57:15.560]  Thanks, guys.
[01:57:15.560 --> 01:57:16.560]  All right, thank you.
[01:57:16.560 --> 01:57:19.560]  All right, thanks, Ken.
[01:57:19.560 --> 01:57:22.560]  Okay, Gary, you have about 45 seconds.
[01:57:22.560 --> 01:57:23.560]  Tops, go ahead.
[01:57:23.560 --> 01:57:24.560]  Yes, ma'am.
[01:57:24.560 --> 01:57:36.560]  I want to be real quick, and I want to answer how on a, say, a traffic issue they get to a so-called court when the APA administrative procedure,
[01:57:36.560 --> 01:57:39.560]  they haven't exhausted administrative procedures.
[01:57:39.560 --> 01:57:42.560]  Eddie's going to like that question.
[01:57:42.560 --> 01:57:43.560]  Yeah, I love that question.
[01:57:43.560 --> 01:57:47.560]  I've already got a brief saying, you can't get there from here.
[01:57:47.560 --> 01:57:55.560]  It fully deals with that issue in very minute detail.
[01:57:55.560 --> 01:58:01.560]  I have a friend in Pennsylvania who's very big on the Administrative Procedures Act as well.
[01:58:01.560 --> 01:58:03.560]  Everybody wants to ignore that one.
[01:58:03.560 --> 01:58:07.560]  Maybe we can talk about that some more on Thursday because we're out of time.
[01:58:07.560 --> 01:58:09.560]  Yeah, Gary, call back in on that one.
[01:58:09.560 --> 01:58:10.560]  I would like to discuss that.
[01:58:10.560 --> 01:58:12.560]  Okay, Gary, drop us a line.
[01:58:12.560 --> 01:58:15.560]  Okay, we'll talk about that some more on Thursday.
[01:58:15.560 --> 01:58:20.560]  All right, you've been listening to The Rule of Law, Randy Kelton, Eddie Craig, Deborah Stevens.
[01:58:20.560 --> 01:58:21.560]  We'll be back on Thursday.
[01:58:21.560 --> 01:58:28.560]  Tomorrow, we've got Tom Kiley, I'm in World Report Radio, and the Agenda 21 Talk Boys right after that at 8, Wednesday.
[01:58:28.560 --> 01:58:37.560]  We've got Richard Reeves with Outside of the Box Politics and, of course, Radio Free Oklahoma at 8, right after that.
[01:58:37.560 --> 01:58:41.560]  This is all Central Time, so we will see you guys on Thursday.
[01:58:41.560 --> 01:58:59.560]  Check out the archives from this previous weekend.
[01:58:59.560 --> 01:59:03.560]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:59:03.560 --> 01:59:08.560]  We specialize in showing people how to strike back against corrupt public officials.
[01:59:08.560 --> 01:59:15.560]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:59:15.560 --> 01:59:21.560]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.
[01:59:21.560 --> 01:59:32.560]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws
[01:59:32.560 --> 01:59:36.560]  to recover what the lenders have stolen through fraud and deception.
[01:59:36.560 --> 01:59:43.560]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:59:43.560 --> 01:59:47.560]  Lender fraud is bankrupting this country and it's time to fight back.
[01:59:47.560 --> 02:00:16.560]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.