ROL_2010-04-19_16k.timecode

[00:00.000 --> 00:10.020]  In Afghanistan, a roadside bomb has killed two more soldiers in the country's south.
[00:10.020 --> 00:14.240]  The nationalities of the soldiers have not been disclosed yet.
[00:14.240 --> 00:20.140]  The deaths bring the number of foreign troops killed in Afghanistan this year to 164.
[00:20.140 --> 00:24.720]  Last year was the deadliest year for foreign troops stationed in Afghanistan under the
[00:24.720 --> 00:30.760]  command of the United States, which led the invasion of the country nine years ago.
[00:30.760 --> 00:37.160]  Jordan's King Abdullah II has warned a new regional war is inevitable if the upcoming
[00:37.160 --> 00:42.200]  July Arab Summit on the Middle East peace process proves futile.
[00:42.200 --> 00:47.840]  Speaking to the Chicago Tribune, the Jordanian king says, quote, if we stay at the status
[00:47.840 --> 00:51.440]  quo, the chance of conflict is always very high.
[00:51.440 --> 00:57.600]  War would be disastrous for Israel, for the Arabs, for all of us.
[00:57.600 --> 01:02.760]  On Monday, Ohio representative Dennis Kucinich is putting the Obama administration on the
[01:02.760 --> 01:08.880]  spot by stating the current White House assassination policy as extrajudicial.
[01:08.880 --> 01:14.440]  The congressional Democrats have been relatively silent as this policy to assassinate U.S.
[01:14.440 --> 01:18.040]  citizen Anwar al-Awlaki is revealed.
[01:18.040 --> 01:23.560]  Kucinich has expressed concerns that authorizing the killing of a U.S. citizen without trial,
[01:23.560 --> 01:29.480]  judge or jury, and without being in any area of combat is both wrong, unconstitutional,
[01:29.480 --> 01:31.960]  and jeopardizing one's civil liberties.
[01:31.960 --> 01:36.280]  The Fifth Amendment is a justifiable right that guarantees that American citizens will
[01:36.280 --> 01:39.480]  never simply be imprisoned without due process.
[01:39.480 --> 01:44.440]  The Obama administration supports these policies as a way of protecting the American public
[01:44.440 --> 01:45.440]  against terrorism.
[01:45.440 --> 01:51.080]  However, Kucinich finds no comfort in this, saying, quote, the assassination policies
[01:51.080 --> 01:56.360]  vitiate the presumption of innocence, and the government then becomes the investigator,
[01:56.360 --> 02:00.840]  policeman, prosecutor, judge, jury, executioner, all in one.
[02:00.840 --> 02:05.880]  That raises the greatest question with respect to our Constitution and our democratic way
[02:05.880 --> 02:06.880]  of life.
[02:06.880 --> 02:13.840]  Iranian President Mahmoud Ahmadinejad has called for the destruction of all atomic weapons,
[02:13.840 --> 02:16.400]  starting with those in the U.S. arsenal.
[02:16.400 --> 02:21.120]  The announcement drew applause at a two-day nuclear disarmament conference in Tehran attended
[02:21.120 --> 02:23.880]  by representatives of 60 countries.
[02:23.880 --> 02:29.240]  Ahmadinejad took aim at Barack Obama's announcement of a new U.S. policy that does not rule out
[02:29.240 --> 02:32.520]  the use of nuclear weapons against Iran and North Korea.
[02:32.520 --> 02:37.320]  He has also demanded an end to what he called the United States' blind support for Israel,
[02:37.320 --> 02:42.400]  which has 200 atomic warheads, but has not signed the Non-Proliferation Treaty.
[02:42.400 --> 02:47.360]  The forum, which employed the catchphrase, nuclear energy for all, nuclear weapons for
[02:47.360 --> 02:52.520]  none, was in response to the Nuclear Security Summit in Washington, to which Iran was not
[02:52.520 --> 02:53.520]  invited.
[02:53.520 --> 02:54.520]  For more information, visit INNWorldReport.net.
[02:54.520 --> 03:11.520]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live, free speech,
[03:11.520 --> 03:13.520]  talk, radio at its best.
[03:41.520 --> 04:00.740]  bad boys bad boys what you gonna do what you gonna do when it comes for you
[04:00.740 --> 04:04.740]  bad boys bad boys what you gonna do what you gonna do when it comes for you
[04:04.740 --> 04:08.080]  when you were eight and you had bad dreams we go to school and learn the golden rule
[05:08.080 --> 05:12.100]  Bad boys, bad boys, what you gonna do Oh, what you gonna do
[05:12.200 --> 05:13.420]  When they come for you
[05:13.560 --> 05:17.600]  Bad boys, bad boys, what you gonna do Oh, what you gonna do
[05:17.680 --> 05:18.840]  When they come for you
[05:18.920 --> 05:22.720]  Bad boys, bad boys, what you gonna do Oh, what you gonna do
[05:22.720 --> 05:25.720]  I'll do anything for you
[05:46.720 --> 05:48.720]  Why did you have to ask the moon?
[05:49.720 --> 05:51.720]  Don't you know your perfume makes me
[05:51.720 --> 05:55.720]  Okay, the rule of law.
[05:55.720 --> 06:01.720]  Randy Kelton, Eddie Craig, and Deborah Stevens.
[06:01.720 --> 06:06.720]  Tonight is Monday night, which means it's Eddie's night to go over traffic stuff.
[06:06.720 --> 06:14.720]  And Eddie, you wanted to discuss arrest without warrants and what it says in 521.
[06:14.720 --> 06:20.720]  Yes. Basically, this is going to be a review night for lots of folks.
[06:20.720 --> 06:22.720]  We've got some new listeners out there tonight that are listening in,
[06:22.720 --> 06:28.720]  so I wish to cover some of the standard ground with them so they'll know where they're at in this.
[06:28.720 --> 06:33.720]  Most of you are familiar with what we talk about in 521 regarding the driver's license,
[06:33.720 --> 06:39.720]  what the arguments are about why they only have one kind of driver's license in Texas.
[06:39.720 --> 06:41.720]  The license is commercial.
[06:41.720 --> 06:44.720]  The only difference is how it's labeled.
[06:44.720 --> 06:53.720]  Otherwise, it's identical in every aspect of what you can do with one or the other in that chapter.
[06:53.720 --> 06:56.720]  Now, we'll go ahead and go over that part of it first.
[06:56.720 --> 07:04.720]  There are only two chapters in the Texas Transportation Code dealing with the licensing of operation of motor vehicles.
[07:04.720 --> 07:08.720]  Those are chapters 521 and 522.
[07:08.720 --> 07:16.720]  If you will check, 521.021 specifically states that any person operating a motor vehicle
[07:16.720 --> 07:21.720]  without a license issued under this chapter commits an offense.
[07:21.720 --> 07:25.720]  Well, that leaves me asking a couple of questions.
[07:25.720 --> 07:33.720]  If 521 must have a license issued under 521 to every operator of a motor vehicle,
[07:33.720 --> 07:40.720]  then how is someone with a license issued under 522 not in violation of 521?
[07:40.720 --> 07:43.720]  Since you're only allowed to have one kind of license,
[07:43.720 --> 07:50.720]  how can you have a CDL under 522 and not be guilty of violating 521
[07:50.720 --> 07:56.720]  since it specifically states the license must be issued under that chapter?
[07:56.720 --> 08:03.720]  The second problem is what the definition of driver's license in that chapter actually consists of.
[08:03.720 --> 08:09.720]  If you look in 521.001 point or sub-item three, I believe it is,
[08:09.720 --> 08:12.720]  it gives you the definition of driver's license.
[08:12.720 --> 08:15.720]  And it says a driver's license is one of three things.
[08:15.720 --> 08:23.720]  It is a temporary license, it is a learner's permit, or it is an occupational license.
[08:23.720 --> 08:28.720]  Now, each one of these three things is discussed in great detail in Chapter 521.
[08:28.720 --> 08:33.720]  Each one has its own section specifically set to it.
[08:33.720 --> 08:40.720]  And if you locate those sections, they are 521.222.221,
[08:40.720 --> 08:44.720]  and I forget what the one on occupational license is.
[08:44.720 --> 08:47.720]  But anyway, all three of them are within Chapter 521.
[08:47.720 --> 08:53.720]  So let's go down the list of arguing against these three things as they're listed in 521.001 to see
[08:53.720 --> 09:00.720]  which type of license most of the people in Texas are supposed to have.
[09:00.720 --> 09:03.720]  I mean, after all, it's got to be some kind of license.
[09:03.720 --> 09:05.720]  Now, everybody wants to say it's a driver's license.
[09:05.720 --> 09:12.720]  Well, let's consider now there are three things the statute says can be used in that definition.
[09:12.720 --> 09:15.720]  We're going to talk about the three individual things.
[09:15.720 --> 09:18.720]  The driver's license is a generic reference.
[09:18.720 --> 09:20.720]  It is not a specific reference.
[09:20.720 --> 09:22.720]  So keep that in mind.
[09:22.720 --> 09:32.720]  A specific reference is one, the temporary license, or two, the learner's permit, or three, the occupational license.
[09:32.720 --> 09:34.720]  Those are your specifics.
[09:34.720 --> 09:37.720]  So let's start with the temporary license.
[09:37.720 --> 09:46.720]  In Chapter 521, it says that a temporary license is issued to an out-of-state applicant or an out-of-state applicant
[09:46.720 --> 09:52.720]  that is an active duty member of some armed services.
[09:52.720 --> 09:55.720]  He is in one of the military branches.
[09:55.720 --> 10:00.720]  Now, it also says that a temporary license is issued without a picture.
[10:00.720 --> 10:09.720]  It also says that the department can determine if there are other situations in which a temporary license may be issued.
[10:09.720 --> 10:16.720]  Now, let's analyze the obvious fact that all licenses are temporary because they have an expiration date and a renewal period.
[10:16.720 --> 10:30.720]  However, the fact that it is issued without a picture and that it is limited to being issued to those that are out-of-state applicants puts right up front the prima facie evidence
[10:30.720 --> 10:38.720]  that the standard license everybody is carrying around in their wallet is not a temporary license because it has a picture.
[10:38.720 --> 10:50.720]  It has a prolonged expiration date and a temporary license in the same definition in that chapter specifically states that it is only valid until such time as the applicant
[10:50.720 --> 10:59.720]  or license holder is able to enter the state for the purpose of having it reissued with a picture on it.
[10:59.720 --> 11:10.720]  So the first thing we want to know is once that license holder comes into the state, goes down to the licensing depot, gets his picture taken,
[11:10.720 --> 11:15.720]  and it gets integrated to the license, what kind of license does it become?
[11:15.720 --> 11:24.720]  It can't remain a temporary license, one, because the applicant is no longer out-of-state, two, it's no longer issued without a picture,
[11:24.720 --> 11:29.720]  and three, they came in and turned it in to get it license issued with a picture.
[11:29.720 --> 11:34.720]  So what kind of license has that now become?
[11:34.720 --> 11:36.720]  Now let's look at the learner's permit.
[11:36.720 --> 11:41.720]  The qualifications and criteria for a learner's permit is straightforward.
[11:41.720 --> 11:56.720]  There must be a 21-year-old licensed, sober, conscious, undistracted driver in the front seat with the license holder that is operating the motor vehicle.
[11:56.720 --> 12:00.720]  So that's the criteria for the learner's permit.
[12:00.720 --> 12:07.720]  Now we know that most of the people with the license they carry in their wallet don't have to have anybody in the car with them.
[12:07.720 --> 12:14.720]  Now obviously the license everybody's running around on does not fit the criteria of a learner's permit.
[12:14.720 --> 12:24.720]  Plus the fact that the learner's permit, by definition, predates the actual license that's issued when you go down and pass the written and driving test.
[12:24.720 --> 12:32.720]  So again, once you pass the written and driving test and you go down and you get the learner's permit turned in
[12:32.720 --> 12:39.720]  and they issue you a new license in place of the learner's permit, what kind of license do they issue you?
[12:39.720 --> 12:46.720]  They can't be issuing you a temporary license because you're not an out-of-state applicant.
[12:46.720 --> 12:48.720]  They can't be reissuing a learner's permit.
[12:48.720 --> 12:49.720]  You've already passed all that.
[12:49.720 --> 12:52.720]  You're no longer a learner.
[12:52.720 --> 12:55.720]  So all that leaves us with is an occupational license.
[12:55.720 --> 13:00.720]  Now virtually everyone that I ask these questions to says the same thing.
[13:00.720 --> 13:03.720]  Well, obviously everybody has an occupational license.
[13:03.720 --> 13:12.720]  Well, if that's true and you're just relying on your definition of what the term occupation means, then let's consider this.
[13:12.720 --> 13:19.720]  What occupation are you engaging in that you require an occupational license?
[13:19.720 --> 13:26.720]  But that would be misleading because it's got nothing to do with occupation, has nothing to do with it.
[13:26.720 --> 13:35.720]  According to statute, the occupational license can only be issued to someone who has lost their original license
[13:35.720 --> 13:44.720]  because they have been convicted of a DUI or they have had it yanked in an ALR review hearing
[13:44.720 --> 13:48.720]  that yanked it administratively for such a conviction.
[13:48.720 --> 13:57.720]  So now understand this, the occupational license can only be issued to someone who has lost their original license.
[13:57.720 --> 14:02.720]  What kind of license did you lose in order to get the occupational license?
[14:02.720 --> 14:09.720]  On top of that, the occupational license can only be issued by a petition to the court,
[14:09.720 --> 14:17.720]  and the court must then issue a court order directing the Department of Public Safety to issue such a license.
[14:17.720 --> 14:23.720]  And to set the criteria under which that license may be used.
[14:23.720 --> 14:31.720]  So 99% of the people out there don't have an occupational license because they don't have a DUI conviction,
[14:31.720 --> 14:37.720]  and they don't have a license that was removed under ALR review because of a DUI conviction.
[14:37.720 --> 14:48.720]  So right there we have eliminated the only three possibilities for licensing of operation of motor vehicles that exist in Chapter 521.
[14:48.720 --> 14:59.720]  But let's consider that 521 still says there must be a license issued under this chapter, or you're committing an offense.
[14:59.720 --> 15:08.720]  Okay, well now we have to go to the only other chapter that deals with the licensing for the operation of motor vehicles,
[15:08.720 --> 15:18.720]  and that is Chapter 522, which if you look at the title specifically states it is regarding commercial driver's licenses.
[15:18.720 --> 15:21.720]  Everybody knows them as a CDL.
[15:21.720 --> 15:30.720]  Now in Chapter 521 and 522 you will find tables listing the types of motor vehicles that the licenses issued
[15:30.720 --> 15:37.720]  in either chapter are allowed to operate, okay, or that the holder of such a license is allowed to operate.
[15:37.720 --> 15:39.720]  Let me be clear on that.
[15:39.720 --> 15:45.720]  So you can actually operate the exact same vehicle according to these tables, a Class A license,
[15:45.720 --> 15:53.720]  whether or not it says it's a CDL license or it's one of the licenses issued under Chapter 521,
[15:53.720 --> 15:59.720]  if it's got Class A on it, both of those licenses can operate exactly the same kind of vehicle.
[15:59.720 --> 16:05.720]  There's no requirement that the one license says CDL, absolutely none.
[16:05.720 --> 16:12.720]  Then you go down, Class Bs, the list of vehicles they can operate, again, are identical.
[16:12.720 --> 16:15.720]  Same thing with Class Cs.
[16:15.720 --> 16:25.720]  So Class A, B, and C licenses issued under Chapter 521 or 522 can operate exactly the same types of motor vehicles.
[16:25.720 --> 16:27.720]  Now isn't that convenient?
[16:27.720 --> 16:33.720]  Now there are two differences in this list, and they deal with endorsements.
[16:33.720 --> 16:37.720]  But we're going on break right now, so we will cover what these endorsements are
[16:37.720 --> 16:42.720]  and what these only two distinctions that exist actually are when we get back from these messages.
[16:42.720 --> 16:43.720]  So folks, y'all hang in there.
[16:43.720 --> 17:02.720]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio, and we will be right back after the break.
[17:02.720 --> 17:07.720]  It's so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[17:07.720 --> 17:10.720]  and neither is finding like-minded people to share it with.
[17:10.720 --> 17:13.720]  Oh, well, I guess you haven't heard of Brave New Books, then.
[17:13.720 --> 17:14.720]  Brave New Books?
[17:14.720 --> 17:21.720]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[17:21.720 --> 17:25.720]  They even stock Interfood, Berkey Products, and Calvin Soaps.
[17:25.720 --> 17:28.720]  There's no way a place like that exists.
[17:28.720 --> 17:33.720]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[17:33.720 --> 17:37.720]  Oh, by UT, there's never anywhere to park down there.
[17:37.720 --> 17:45.720]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[17:45.720 --> 17:48.720]  It does exist, but when are they open?
[17:48.720 --> 17:53.720]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[17:53.720 --> 18:00.720]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[18:23.720 --> 18:25.720]  Open the door.
[18:25.720 --> 18:28.720]  We ask the question.
[18:28.720 --> 18:30.720]  Look what we get.
[18:30.720 --> 18:33.720]  And they don't ever answer.
[18:33.720 --> 18:35.720]  Let's hope they sleep inside.
[18:35.720 --> 18:39.720]  I can't go to sleep or see, Lord, how the war with them take it easy.
[18:39.720 --> 18:44.720]  But I can't wait to politically end them getting mad and angry.
[18:44.720 --> 18:49.720]  Let them not stand up and fight and fight for the freedom and the freedom.
[18:49.720 --> 18:53.720]  And they let them love slavery and get handouts from the government.
[18:53.720 --> 18:55.720]  Look what we get.
[18:55.720 --> 18:58.720]  We ask the question.
[18:58.720 --> 19:00.720]  Look what we get.
[19:00.720 --> 19:03.720]  And they don't ever answer.
[19:03.720 --> 19:05.720]  Let's hope they sleep inside.
[19:05.720 --> 19:08.720]  We ask the question.
[19:08.720 --> 19:10.720]  Look what we get.
[19:10.720 --> 19:13.720]  And they don't ever answer.
[19:13.720 --> 19:15.720]  Let's hope they sleep inside.
[19:15.720 --> 19:19.720]  They may tear you, they may tear me, Lord, they may tear the country.
[19:19.720 --> 19:24.720]  They may tear me, they may tear you, and they may tear the country.
[19:24.720 --> 19:29.720]  They don't tear up the constitution, they don't rip it in three, they don't give a damn about me.
[19:29.720 --> 19:34.720]  You don't see how this country, how they may lead we, they may lead me, you see.
[19:34.720 --> 19:39.720]  Like we blind and we crazy, they're leading with destruction, you see.
[19:39.720 --> 19:44.720]  Nuclear weapon and big gun, they may point on the country all the way.
[19:44.720 --> 19:48.720]  They don't tear me, they may tear you, they may tear me, Lord, they may tear the country.
[19:48.720 --> 19:54.720]  They don't tear me, they may tear you, they may tear me, Lord, they tear the country.
[19:55.720 --> 19:57.720]  We ask the question.
[19:57.720 --> 19:59.720]  Look what we get.
[19:59.720 --> 20:03.720]  And they don't ever answer.
[20:03.720 --> 20:05.720]  Look what we get.
[20:05.720 --> 20:08.720]  And they ask the question.
[20:08.720 --> 20:09.720]  Look what we get.
[20:09.720 --> 20:12.720]  And they don't ever answer.
[20:12.720 --> 20:40.040]  All right, folks, we are back.
[20:40.040 --> 20:46.600]  Stephen, Randy Kelton, Eddie Craig, Rule of Law Radio, and we are discussing the driver's
[20:46.600 --> 20:50.560]  licenses tonight along with a couple of other things.
[20:50.560 --> 20:56.600]  But right now, we are dealing with what the differences are in the two motor vehicle tables
[20:56.600 --> 21:00.760]  that these allegedly disparate licenses can operate with.
[21:00.760 --> 21:06.520]  Now, like I said, Class A, B, and C can operate exactly the same type of vehicle out of either
[21:06.520 --> 21:08.120]  chapter.
[21:08.120 --> 21:13.840]  The difference in the two chapters is chapter 521 shows that there can be a motorcycle endorsement
[21:13.840 --> 21:16.240]  on the license.
[21:16.240 --> 21:23.120]  Chapter 522 shows there can be a hazardous materials placard endorsement on the license.
[21:23.120 --> 21:29.280]  Now, if these are supposed to be different kinds of licenses, then I need someone to
[21:29.280 --> 21:37.400]  explain to me how I have personally seen licenses that say they are CDL, commercial driver's
[21:37.400 --> 21:41.360]  licenses, that contain a motorcycle endorsement.
[21:41.360 --> 21:47.960]  Now, if the CDL license is only in 522 and the endorsement for motorcycle is only in
[21:47.960 --> 21:59.960]  521, how did that endorsement get from 521 to a license issued under 522?
[21:59.960 --> 22:05.640]  And when you notice that what is showing in those endorsements that the only real difference
[22:05.640 --> 22:14.360]  between the licenses issued under 521 and the ones issued under 522 is that the one
[22:14.360 --> 22:20.520]  that says commercial driver's license must say commercial driver's license in order to
[22:20.520 --> 22:25.640]  have the hazardous materials placard endorsement.
[22:25.640 --> 22:27.000]  That's the difference.
[22:27.000 --> 22:29.720]  That's the only difference.
[22:29.720 --> 22:37.080]  The licenses issued under 521 and 522 are exactly the same license.
[22:37.080 --> 22:40.720]  They're just different states of the same license.
[22:40.720 --> 22:48.920]  All the ones in 521 are temporary in nature, very temporary in nature, okay?
[22:48.920 --> 22:57.800]  Whereas the one under 522 is issued for a set period of time outside of a certain timeframe
[22:57.800 --> 23:02.160]  unless you actually get it revoked for some reason.
[23:02.160 --> 23:08.960]  There are 4 years, there are 6 years, whatever the timeframe is for renewal of that license.
[23:08.960 --> 23:15.280]  But the fact of the matter is those that carry certain CDL endorsements, they can renew them
[23:15.280 --> 23:17.480]  every 2, 4 or 6 years.
[23:17.480 --> 23:19.520]  It's a random choice by the department.
[23:19.520 --> 23:25.840]  They can extort money out of you for every 2 years or every 4 years or every 2 and 6
[23:25.840 --> 23:27.960]  years or however they want to arrange it.
[23:27.960 --> 23:30.200]  They say it's done by lottery.
[23:30.200 --> 23:35.360]  But it's awful suspicious to me that lots of folks seem to come up every 2 years to
[23:35.360 --> 23:39.600]  have their license renewed on the CDL side.
[23:39.600 --> 23:44.600]  And considering it's a much more expensive endorsement, you know, they make more money
[23:44.600 --> 23:45.600]  that way.
[23:45.600 --> 23:47.300]  Very odd, I find.
[23:47.300 --> 23:53.680]  But the fact remains that I have yet to find a public official that can argue what kind
[23:53.680 --> 23:59.800]  of license you had to lose, give up or get replaced by when you did something with one
[23:59.800 --> 24:03.120]  of the licenses in 521.
[24:03.120 --> 24:04.880]  There's only these two chapters, folks.
[24:04.880 --> 24:06.600]  There are no others.
[24:06.600 --> 24:12.760]  If they are, they're in a secret book somewhere well hidden or they don't say license, they've
[24:12.760 --> 24:16.640]  got them listed as something different.
[24:16.640 --> 24:21.360]  But whatever it is, I have been unable to find it in 11 years of searching through these
[24:21.360 --> 24:23.360]  codes.
[24:23.360 --> 24:29.440]  So unless they can show me this secret law, the presumption now must be that these two
[24:29.440 --> 24:33.040]  chapters control the issuance of driver's licenses.
[24:33.040 --> 24:38.680]  And these so-called driver's licenses are in fact commercial in nature only.
[24:38.680 --> 24:42.880]  They have nothing to do with traveling in a private automobile.
[24:42.880 --> 24:47.800]  They only have to do with the operation of motor vehicles for the purposes of commerce.
[24:47.800 --> 24:53.200]  Now how do you say do we jump to the conclusion that it's got to be engaged in commerce?
[24:53.200 --> 24:56.240]  It's a very simple step of logic.
[24:56.240 --> 24:58.800]  You have a commercial license.
[24:58.800 --> 25:06.560]  In order to operate a motor vehicle, you must be in possession of a commercial license.
[25:06.560 --> 25:13.840]  Therefore logic dictates that that motor vehicle must be attached to some commercial purpose
[25:13.840 --> 25:18.620]  requiring that license.
[25:18.620 --> 25:22.640]  So if they're tied together at the hip that way.
[25:22.640 --> 25:28.120]  Now consider the fact that everything in the transportation code revolves around those
[25:28.120 --> 25:29.720]  two issues.
[25:29.720 --> 25:36.680]  The driver's license and the operation of a motor vehicle, okay?
[25:36.680 --> 25:39.080]  You get motor vehicle insurance.
[25:39.080 --> 25:43.080]  You must have insurance to operate a motor vehicle.
[25:43.080 --> 25:46.520]  You must have a motor vehicle inspected.
[25:46.520 --> 25:51.400]  You must have a motor vehicle registered.
[25:51.400 --> 25:56.160]  But in each one of those cases, that registration and that insurance and everything is tied
[25:56.160 --> 26:02.180]  to a motor vehicle that requires you to have a commercial license to operate it.
[26:02.180 --> 26:10.840]  So by that very fact alone, the operation of a motor vehicle itself must be commercial.
[26:10.840 --> 26:17.320]  And the motor vehicle must have a commercial purpose for that license to apply.
[26:17.320 --> 26:20.960]  Those are inextricably entwined with each other.
[26:20.960 --> 26:27.520]  You can't separate them because you've got to have one in order to do the other.
[26:27.520 --> 26:30.920]  This is what I refer to as daisy chaining.
[26:30.920 --> 26:35.360]  Everything in these statutes is daisy chained to those two issues.
[26:35.360 --> 26:37.040]  Everything's tied to them.
[26:37.040 --> 26:42.760]  If none of these two issues apply or one of these two issues don't apply, none of the
[26:42.760 --> 26:49.160]  rest of them apply because at some point they're all interdependent.
[26:49.160 --> 26:51.680]  So that's the argument on the driver's license.
[26:51.680 --> 26:54.120]  It's very easy using just the statutes.
[26:54.120 --> 26:55.680]  You don't need case law.
[26:55.680 --> 27:01.720]  You just need a brain that operates at more than two cc's above sea level, okay?
[27:01.720 --> 27:07.120]  Something that can actually function at a cognizant ability level would give you the
[27:07.120 --> 27:13.800]  understanding to see, wow, I've got to replace this one with this one or I've got to have
[27:13.800 --> 27:17.720]  this one to get that one, wow.
[27:17.720 --> 27:22.720]  But you'd be surprised how many attorneys and judges can't make that connection.
[27:22.720 --> 27:28.760]  They can't make that connection because it would be their jobs and all of their money
[27:28.760 --> 27:34.960]  thrown out the window if they took that connection and you differ the way it's written and what
[27:34.960 --> 27:36.880]  it means and what it says.
[27:36.880 --> 27:40.000]  But got to remember now, they're not out there for justice.
[27:40.000 --> 27:42.320]  They're out there for money.
[27:42.320 --> 27:48.560]  And if you find one that does work for justice, then you make sure that one keeps getting
[27:48.560 --> 27:58.680]  reelected because those are harder to find than an honest state representative, okay?
[27:58.680 --> 28:04.760]  As Steve Skidmore put it, Library of Congress is good at preserving rare and unusual documents.
[28:04.760 --> 28:08.000]  These are people that need to be put in the Hall of Fame if you can find one of them that's
[28:08.000 --> 28:14.120]  honest these days and will do the right thing for the right reason.
[28:14.120 --> 28:17.840]  Now that being said, that covers the issue of driver's licenses.
[28:17.840 --> 28:21.440]  So let's look at how that ties into one of these other things they've got going on here
[28:21.440 --> 28:27.240]  in Texas and most other states, and that is arrest without warrant.
[28:27.240 --> 28:32.120]  Now let's consider some points of fact here that I don't know how many is going to want
[28:32.120 --> 28:36.680]  to argue or disagree or whatever, but I'm going to bring them up nonetheless.
[28:36.680 --> 28:40.240]  The common law in America predates the Constitution.
[28:40.240 --> 28:45.640]  It predates the organization of any organized government that our country has.
[28:45.640 --> 28:52.280]  The common law was in existence before whatever law came over on the ships from England.
[28:52.280 --> 28:57.120]  The common law has been in existence at least since the Magna Carta.
[28:57.120 --> 29:02.960]  And the common law is the basic principle that if men are free to be what they can be,
[29:02.960 --> 29:05.240]  the state doesn't govern over them.
[29:05.240 --> 29:10.960]  It's basically what the Christian side would more commonly refer to as God's law.
[29:10.960 --> 29:14.160]  I'm not harming you, you're not harming me.
[29:14.160 --> 29:15.800]  That is the limit of it.
[29:15.800 --> 29:18.680]  You can't dictate to me what I do or don't do.
[29:18.680 --> 29:22.960]  We can make agreements to do things together or for the benefit of each other.
[29:22.960 --> 29:26.840]  That's where we get the basis of contracts and so on and so forth.
[29:26.840 --> 29:32.200]  The common law is a basic set of rules and principles that says nobody gets to interfere
[29:32.200 --> 29:34.240]  with my rights or your rights.
[29:34.240 --> 29:38.560]  And we get to stand together to defend them if necessary.
[29:38.560 --> 29:41.480]  We'll pick this up on the other side of the break.
[29:41.480 --> 29:45.280]  I got probably about one more segment to go on this and we'll start taking callers.
[29:45.280 --> 29:46.640]  Y'all hang in there.
[29:46.640 --> 29:50.960]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio, and we'll be right
[29:50.960 --> 30:01.280]  back after the break.
[30:01.280 --> 30:05.480]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[30:05.480 --> 30:10.280]  We specialize in showing people how to strike back against corrupt public officials.
[30:10.280 --> 30:14.680]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[30:14.680 --> 30:16.840]  who have been cheated by their lenders.
[30:16.840 --> 30:21.000]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[30:21.000 --> 30:23.360]  thousands, but there is a remedy.
[30:23.360 --> 30:32.640]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[30:32.640 --> 30:38.220]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[30:38.220 --> 30:43.040]  We will prepare for you a qualified written request that will expose the fraud and put
[30:43.040 --> 30:44.920]  the lenders on the dime.
[30:44.920 --> 30:49.000]  Lender fraud is bankrupting this country and it's time to fight back.
[30:49.000 --> 30:58.680]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[30:58.680 --> 31:02.040]  money changers in their tracks.
[31:02.040 --> 31:05.160]  Are you the plaintiff or defendant in a lawsuit?
[31:05.160 --> 31:11.920]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[31:11.920 --> 31:15.800]  that will show you how in 24 hours, step by step.
[31:15.800 --> 31:19.680]  If you have a lawyer, know what your lawyer should be doing.
[31:19.680 --> 31:24.440]  If you don't have a lawyer, know what you should do for yourself.
[31:24.440 --> 31:29.680]  Thousands have won with our step by step course and now you can too.
[31:29.680 --> 31:35.600]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[31:35.600 --> 31:40.120]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[31:40.120 --> 31:43.840]  principles and practices that control our American courts.
[31:43.840 --> 31:50.600]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[31:50.600 --> 31:53.120]  pro se tactics and much more.
[31:53.120 --> 32:01.080]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[32:01.080 --> 32:15.880]  Yeah, I got a warrant and I'm going to solve them, to the government them, prosecute them.
[32:15.880 --> 32:16.880]  Okay.
[32:16.880 --> 32:17.880]  Who's that?
[32:17.880 --> 32:45.160]  All right, folks, we are back.
[32:45.160 --> 32:46.160]  Randy and Deborah are here.
[32:46.160 --> 32:49.560]  They're just allowing me to get this completed so we can get on the phone calls as quickly
[32:49.560 --> 32:50.560]  as possible.
[32:50.560 --> 32:51.560]  Okay.
[32:51.560 --> 32:55.040]  Let's talk for a minute about arrest without warrant.
[32:55.040 --> 33:00.040]  The arrest without warrant scenario works like this in accordance with the common law.
[33:00.040 --> 33:04.920]  The common law predates the constitution and all the statutory law we've got.
[33:04.920 --> 33:09.640]  The Texas legislature is bound by that constitution.
[33:09.640 --> 33:15.080]  The constitution specifically declares that no one can be deprived of life, liberty or
[33:15.080 --> 33:19.280]  property without due process of law.
[33:19.280 --> 33:25.920]  The due process that's intended by that statement is due process at common law.
[33:25.920 --> 33:32.000]  It is not due process as to whatever the legislature deems the process should be.
[33:32.000 --> 33:38.400]  If that were to be true, the legislature could write up any process they liked, said it was
[33:38.400 --> 33:41.940]  due process and we would be stuck with it.
[33:41.940 --> 33:44.000]  But that's not the case.
[33:44.000 --> 33:48.760]  Due process of law means what it meant at common law before the constitution was put
[33:48.760 --> 33:50.360]  into force and effect.
[33:50.360 --> 33:52.400]  There are numerous court cases on this.
[33:52.400 --> 33:56.640]  I'm going to resist giving you guys a list of those right now because I am researching
[33:56.640 --> 34:00.320]  a bunch of them and I want to make sure that they are accurate and up to date before I
[34:00.320 --> 34:02.040]  start disseminating them.
[34:02.040 --> 34:05.040]  So please don't ask questions about that on as far as the cases.
[34:05.040 --> 34:07.320]  I know I've seen them and I've read parts of them.
[34:07.320 --> 34:10.160]  I want to get them verified before I give them out.
[34:10.160 --> 34:16.480]  But the point of the matter is that on these cases, it's very, very clear that since all
[34:16.480 --> 34:22.020]  the constitutions in all of the states and the United States Constitution itself is based
[34:22.020 --> 34:28.760]  upon the common law in existence before their formation, it was commonly understood by all
[34:28.760 --> 34:34.320]  the courts and even the founding fathers said so in cases.
[34:34.320 --> 34:39.400]  But even the Supreme Courts of various states have said that it is needless to cite authorities
[34:39.400 --> 34:43.760]  in this instance because there's no way it could work otherwise.
[34:43.760 --> 34:48.620]  Now understand that, courts actually said there's no point in citing authorities.
[34:48.620 --> 34:54.440]  This is so widely understood and known, no one should be able to think otherwise.
[34:54.440 --> 35:02.940]  But what it boils down to is this, due process of law means that only under very strict situations
[35:02.940 --> 35:07.240]  may arrest without warrant be had.
[35:07.240 --> 35:14.220]  Those situations are, one, felony acts or suspicion of felony acts because someone else
[35:14.220 --> 35:16.960]  has reported it, okay?
[35:16.960 --> 35:22.200]  Or the officer himself has very good probable cause reason to believe a felony has been
[35:22.200 --> 35:26.120]  committed and the person being arrested is the perpetrator.
[35:26.120 --> 35:32.960]  That's understood at common law to be an acceptable use of the arrest power without a warrant.
[35:32.960 --> 35:39.640]  Brace of the peace, a breach of the peace by definition in these high court decisions
[35:39.640 --> 35:47.840]  is this, a breach of the peace is any misdemeanor act for which there are overt acts of violence
[35:47.840 --> 35:55.120]  or threats of overt acts of violence that could cause a problem for public safety.
[35:55.120 --> 36:00.680]  In other words, it can't be just anything that's called a breach of the peace.
[36:00.680 --> 36:07.240]  It has to have an overt act or threat of an overt act that's intended to cause harm or
[36:07.240 --> 36:11.760]  a public safety problem in order for it to be a breach of the peace.
[36:11.760 --> 36:18.440]  And get this, they've even said, one of these cases cites an instance where a softball game
[36:18.440 --> 36:25.080]  that was being played on Sunday, though by the law constituted a breach of the peace,
[36:25.080 --> 36:30.560]  the court ruled that there could be no arrest as were done in this instance because the
[36:30.560 --> 36:38.280]  breach of the peace itself contained no overt acts against the public safety, okay?
[36:38.280 --> 36:46.960]  So the legislature, when it created Code of Criminal Procedure 14.06 subsection B, created
[36:46.960 --> 36:52.880]  an unconstitutional statute when it said a peace officer can arrest for any offense committed
[36:52.880 --> 36:54.280]  in his presence.
[36:54.280 --> 36:56.040]  No he cannot.
[36:56.040 --> 37:03.700]  If you look at 14.06A, that section was constitutional at the time it was written because it specifically
[37:03.700 --> 37:10.520]  stated the officer or any other person could arrest for a felony or a breach of the peace
[37:10.520 --> 37:14.440]  committed in their presence, okay?
[37:14.440 --> 37:21.480]  Then the legislature in 67 added subsection B that says now they can arrest for any old
[37:21.480 --> 37:22.480]  thing.
[37:22.480 --> 37:24.880]  No, they can't.
[37:24.880 --> 37:30.000]  The common law is still in force and effect when it comes to the powers of arrest and
[37:30.000 --> 37:38.520]  the legislature cannot violate the due process clause, okay, in order to enact that statute.
[37:38.520 --> 37:44.640]  That due process clause is just as relevant to the legislative function as it is to the
[37:44.640 --> 37:48.400]  judicial function or the executive function.
[37:48.400 --> 37:53.080]  They're just as bound by what it means as any other branch of government is.
[37:53.080 --> 37:59.080]  Now on top of that, you consider the fact that they now gave it where the officer can
[37:59.080 --> 38:04.440]  arrest for any offense of the transportation code under subtitle C. The officer can arrest
[38:04.440 --> 38:06.480]  for any offense under this subtitle.
[38:06.480 --> 38:13.040]  Again, baloney, an arrest without warrant not involving a breach of the peace that is
[38:13.040 --> 38:21.480]  constituted as an overt act against the public safety or an individual, okay, is not an arrestable
[38:21.480 --> 38:22.480]  offense.
[38:22.480 --> 38:25.120]  They must go seek a warrant.
[38:25.120 --> 38:30.600]  They can still charge you, but they cannot arrest you till they have a warrant in their
[38:30.600 --> 38:32.120]  hands.
[38:32.120 --> 38:37.480]  This is another one of those little shortcuts they've come into that allows them to take
[38:37.480 --> 38:42.440]  you into custody and immediately get their hands on your money by requiring that you
[38:42.440 --> 38:49.360]  post a bond to be released or at the very least, you sign a binding contract agreement
[38:49.360 --> 38:57.560]  in the form of I promise to appear under threat of going to jail if I don't do so, okay, when
[38:57.560 --> 39:00.640]  they have you sign the notice to appear on the ticket.
[39:00.640 --> 39:05.600]  I don't know about you, but my understanding of Contract 101 is that a compel contract
[39:05.600 --> 39:13.080]  is not a contract, okay, but when you're making a promise to do something, that's a contract.
[39:13.080 --> 39:16.640]  Randy, would you argue against that?
[39:16.640 --> 39:17.640]  Not me.
[39:17.640 --> 39:18.640]  Okay.
[39:18.640 --> 39:22.400]  If you're promising to do something, that's a contract.
[39:22.400 --> 39:26.440]  Now, granted, all the elements of a contract aren't there.
[39:26.440 --> 39:32.080]  There's not a benefit and there's not an exchange of meeting of the minds or anything else.
[39:32.080 --> 39:35.080]  Therefore, it's a compel contract.
[39:35.080 --> 39:41.920]  We all know in Contract 101, a compel contract is no contract at all.
[39:41.920 --> 39:48.880]  We also know that until you've actually been before the court, according to what the statute
[39:48.880 --> 39:55.920]  says, the court is not allowed to issue a capious warrant for your arrest because that
[39:55.920 --> 40:01.560]  warrant can only be issued if you have failed to appear before the magistrate after having
[40:01.560 --> 40:08.880]  already been before the magistrate and told when you are to reappear.
[40:08.880 --> 40:13.960]  But they're still saying, well, we're going to issue a warrant for your arrest even though
[40:13.960 --> 40:18.920]  you haven't appeared before, we're going to go ahead and arrest you anyway on this warrant.
[40:18.920 --> 40:23.920]  They're not arresting you for the offense that they allegedly said you committed when
[40:23.920 --> 40:25.480]  you got stopped.
[40:25.480 --> 40:30.280]  They're arresting you for not coming into the court despite the fact the law says you
[40:30.280 --> 40:35.240]  had to have already been in the court for that warrant to even apply.
[40:35.240 --> 40:39.640]  So make no mistake, folks, these people are out for your money.
[40:39.640 --> 40:41.480]  They are not out for justice.
[40:41.480 --> 40:44.680]  They are not out for the public benefit and welfare.
[40:44.680 --> 40:49.040]  There's nothing these people are doing in regards to these items that have thing number
[40:49.040 --> 40:51.840]  one to do with public safety.
[40:51.840 --> 40:56.600]  There's no way you're going to convince me that a little scrape-off plastic sticker in
[40:56.600 --> 41:02.640]  my window determines whether or not I was a danger to the public.
[41:02.640 --> 41:07.240]  There's no way you're going to convince me that a piece of plastic in my wallet makes
[41:07.240 --> 41:11.200]  me a safer driver than a guy without it.
[41:11.200 --> 41:12.200]  Absolutely.
[41:12.200 --> 41:15.680]  They're after your money and that's it.
[41:15.680 --> 41:21.200]  Just one more indication of that concerning a friend of ours that we're guiding through
[41:21.200 --> 41:25.120]  this traffic ticket process with.
[41:25.120 --> 41:29.080]  Turns out, okay, now they have to appeal the traffic ticket.
[41:29.080 --> 41:37.000]  What they've always done here in Austin is that they want you to post double what the
[41:37.000 --> 41:41.960]  amount of the traffic ticket is in order to appeal as an appeal bond.
[41:41.960 --> 41:45.840]  Well, it turns out that that is a big scam too.
[41:45.840 --> 41:50.120]  You don't have to actually post the cash amount of the bond.
[41:50.120 --> 41:56.120]  A constitutional bond is good enough and in fact, the constitutional bond form used to
[41:56.120 --> 42:01.200]  be actually in the code of criminal procedure.
[42:01.200 --> 42:08.960]  They actually had the form in the law and what it says is that you are attesting that
[42:08.960 --> 42:14.400]  your net worth, like property that you own, whatever money's in your bank account or savings
[42:14.400 --> 42:20.560]  or whatever, you attest that your net worth is more than double the amount of this traffic
[42:20.560 --> 42:25.560]  ticket and you use that and that is your bond.
[42:25.560 --> 42:34.120]  Only if you don't show up, then they can come after you for the money, for the cash of double
[42:34.120 --> 42:40.480]  the amount of the bond and now, they don't tell anybody that.
[42:40.480 --> 42:41.680]  They just want your money.
[42:41.680 --> 42:44.520]  They just want you to actually post the cash amount of the bond.
[42:44.520 --> 42:51.800]  You don't have to do that and so this person filed or this human being, I should say, filed
[42:51.800 --> 42:55.640]  the constitutional bond and it came right straight out of the code of criminal procedure.
[42:55.640 --> 42:57.000]  So what's the deal, people?
[42:57.000 --> 42:59.000]  It's all about the money.
[42:59.000 --> 43:01.640]  Well here's why they do that.
[43:01.640 --> 43:04.840]  All that money they take from you and believe it or not, it's not just an awesome.
[43:04.840 --> 43:07.920]  This is actually state law that allows them to do this.
[43:07.920 --> 43:09.160]  Now get this, folks.
[43:09.160 --> 43:11.720]  You're being charged in a criminal case.
[43:11.720 --> 43:18.520]  Tell me any other type of criminal case where you're required to post a bond of double the
[43:18.520 --> 43:22.560]  amount of what's been fined against you before you're allowed to appeal.
[43:22.560 --> 43:24.360]  That is so ridiculous.
[43:24.360 --> 43:30.840]  There is absolutely no other criminal act you can commit that requires you to surrender
[43:30.840 --> 43:35.680]  double your bond or any bond in order to get an appeal.
[43:35.680 --> 43:38.960]  And as it turns out, that's not even the case.
[43:38.960 --> 43:41.720]  They just try to get you to do that.
[43:41.720 --> 43:47.920]  You can do the constitutional bond, which is totally legitimate and that's just all
[43:47.920 --> 43:48.920]  there is to it.
[43:48.920 --> 43:49.920]  Okay.
[43:49.920 --> 43:50.920]  Give me a break.
[43:50.920 --> 43:51.920]  All right.
[43:51.920 --> 43:52.920]  We're going to take calls.
[43:52.920 --> 43:54.800]  We'll be right back after this and with a little bit more depth and then we'll get
[43:54.800 --> 43:55.800]  on the phone.
[43:55.800 --> 43:56.800]  Okay.
[43:56.800 --> 43:57.800]  Good news.
[43:57.800 --> 44:00.800]  We'll be right back.
[44:00.800 --> 44:01.880]  Attention.
[44:01.880 --> 44:07.760]  An important product from hempusa.org, micro plant powder, will change your life by removing
[44:07.760 --> 44:13.240]  all types of positive toxins such as heavy metals, parasites, bacteria, viruses and fungus
[44:13.240 --> 44:17.400]  from the digestive tract and stomach wall so you can absorb nutrients.
[44:17.400 --> 44:22.800]  Micro plant powder is 89% silica and packed with a negative charge that attracts positive
[44:22.800 --> 44:26.080]  toxins from the blood, organs, spine and brain.
[44:26.080 --> 44:30.880]  This product has the ability to rebuild cartilage and bone which allows synovial fluid to return
[44:30.880 --> 44:31.880]  to the joints.
[44:31.880 --> 44:37.080]  Silica is a precursor to calcium meaning the body turns silica into calcium and is great
[44:37.080 --> 44:38.120]  for the heart.
[44:38.120 --> 44:43.000]  There is no better time than now to have micro plant powder on your shelf or in your storage
[44:43.000 --> 44:47.320]  shelter and with an unlimited shelf life you can store it anywhere.
[44:47.320 --> 44:52.640]  Call 908-691-2608 or visit hempusa.org.
[44:52.640 --> 44:54.720]  It's a great way to change your life.
[44:54.720 --> 45:18.120]  So call 908-691-2608 or visit us at hempusa.org today.
[45:18.120 --> 45:25.240]  All right, folks.
[45:25.240 --> 45:26.240]  We are back.
[45:26.240 --> 45:30.920]  This is Eddie Craig, Randy Kelton, Deborah Stevens, Rule of Law Radio and we are talking
[45:30.920 --> 45:33.640]  about the arrest without warrant issue.
[45:33.640 --> 45:38.200]  Now we're also talking at this exact moment about what they do in regards to why they
[45:38.200 --> 45:40.000]  want you to pay this cash bond.
[45:40.000 --> 45:46.560]  Well, if you look under local government code section 117.055 you will see why they want
[45:46.560 --> 45:53.080]  you to post this double the amount cash bond and I'll read this to you, it's very short.
[45:53.080 --> 45:57.840]  County expenses paid from fees subsection A to compensate the county for the accounting
[45:57.840 --> 46:03.240]  and administrative expenses incurred in handling the registry funds that have not earned interest
[46:03.240 --> 46:08.600]  including funds in a special or separate account, the clerk shall at the time of withdrawal
[46:08.600 --> 46:13.000]  deduct from the amount of the withdrawal a fee in an amount equal to five percent of
[46:13.000 --> 46:17.400]  the withdrawal but that may not exceed $50.
[46:17.400 --> 46:21.400]  Withdrawal of funds generated from a case arising under the family code is exempt from
[46:21.400 --> 46:24.800]  the fee deduction provided by this section.
[46:24.800 --> 46:28.880]  Subsection B, a fee collected under this section shall be deposited in the general fund of
[46:28.880 --> 46:29.880]  the county.
[46:29.880 --> 46:32.120]  Here's what they're doing.
[46:32.120 --> 46:38.480]  You pay your bond, you get your appeal, you win your case and they're still going to keep
[46:38.480 --> 46:45.440]  five percent or $50 of your money whether you win and get it kicked out or not.
[46:45.440 --> 46:48.760]  That's actually 20 percent of what the fine would have been.
[46:48.760 --> 46:51.280]  Now why do they do that?
[46:51.280 --> 46:55.880]  Allegedly to cover expenses but what they're not telling you is, is have they not brought
[46:55.880 --> 46:58.120]  you into court illegally there wouldn't be any.
[46:58.120 --> 47:05.480]  Wait a minute, wait a minute, to cover expenses generally whoever loses the case has to cover
[47:05.480 --> 47:10.200]  the expenses so why should I have to cover the expenses when I won the case?
[47:10.200 --> 47:11.200]  Exactly.
[47:11.200 --> 47:16.520]  In fact I should turn around and sue their butts for costing me time and money.
[47:16.520 --> 47:17.520]  Exactly again.
[47:17.520 --> 47:18.520]  Okay.
[47:18.520 --> 47:22.600]  And this way, this way they get, they keep 10 percent no matter what.
[47:22.600 --> 47:24.320]  No that's ridiculous.
[47:24.320 --> 47:27.080]  That's not acceptable.
[47:27.080 --> 47:28.080]  Not acceptable.
[47:28.080 --> 47:32.160]  Well, but that's what the legislature has tried to allow them to do.
[47:32.160 --> 47:35.840]  Now this is why they want that cash bond folks.
[47:35.840 --> 47:41.760]  Make no mistake it is about separating you from your money whether it be in small chunks
[47:41.760 --> 47:45.580]  or large chunks it's all about doing so.
[47:45.580 --> 47:50.000]  Now let's look at the other side of that coin that if they do manage to get you to post
[47:50.000 --> 47:55.860]  the bond, if they can do what they normally do which is find 10 million different reasons
[47:55.860 --> 48:02.240]  not to refund your bond in a timely manner they keep that bond on deposit for several
[48:02.240 --> 48:04.080]  months or weeks.
[48:04.080 --> 48:07.920]  They're earning interest on that bond money the whole time it's in their possession.
[48:07.920 --> 48:12.080]  At least if not investing it in all kinds of outrageous schemes.
[48:12.080 --> 48:13.080]  Okay.
[48:13.080 --> 48:17.320]  So it's in their best interest to get as much money out of your pocket in their coffers
[48:17.320 --> 48:19.280]  as soon as possible.
[48:19.280 --> 48:21.720]  Doesn't matter that you haven't been found guilty.
[48:21.720 --> 48:26.320]  It doesn't matter that your case is on appeal and it doesn't matter that no other criminal
[48:26.320 --> 48:30.520]  case in all of Texas has to do this.
[48:30.520 --> 48:36.420]  This is specially reserved for those people that wish to fight traffic tickets and other
[48:36.420 --> 48:41.800]  misdemeanor offenses that are punishable with fines.
[48:41.800 --> 48:43.000]  Okay.
[48:43.000 --> 48:44.560]  Think about that.
[48:44.560 --> 48:47.160]  This is all about your money.
[48:47.160 --> 48:48.560]  Starting to make me mad.
[48:48.560 --> 48:49.560]  Okay.
[48:49.560 --> 48:51.600]  Not their money, your money.
[48:51.600 --> 48:54.840]  That's all it's ever been about.
[48:54.840 --> 49:00.880]  Public safety went out the window when they found out they could take the money and run.
[49:00.880 --> 49:07.200]  Justice went out the window when they found out there was profit to be had in this.
[49:07.200 --> 49:09.360]  So make no mistake.
[49:09.360 --> 49:12.800]  Don't convince yourself that justice is out there waiting on you to say just the right
[49:12.800 --> 49:13.800]  thing.
[49:13.800 --> 49:15.300]  It's not.
[49:15.300 --> 49:20.320]  If you don't educate yourself on what they're doing then don't act surprised when they do
[49:20.320 --> 49:26.640]  it to you because they will do it somewhere, somehow, sometime.
[49:26.640 --> 49:28.680]  Okay.
[49:28.680 --> 49:30.720]  That's all we're going to cover on that.
[49:30.720 --> 49:33.720]  Let's see if we got any callers that have any comments or questions.
[49:33.720 --> 49:34.720]  All right.
[49:34.720 --> 49:35.720]  The Revenuers, Eddie.
[49:35.720 --> 49:36.720]  That's it.
[49:36.720 --> 49:44.440]  We call them the Revenuers up in the old south.
[49:44.440 --> 49:45.440]  Okay.
[49:45.440 --> 49:53.440]  We're taking a call, 512-646-1984, and due to some considerable complaints and problems
[49:53.440 --> 49:59.560]  from not just this past Friday night show but other shows, we are forced to return to
[49:59.560 --> 50:05.560]  the policy that I set down several months ago, which is one segment per caller.
[50:05.560 --> 50:10.080]  Sorry, folks, but we just have to do that because we get too wrapped up with callers
[50:10.080 --> 50:17.520]  sometimes that have problems, and we get all spiraling downhill, and then the whole show
[50:17.520 --> 50:20.240]  just ends up having a problem.
[50:20.240 --> 50:24.560]  We have to do this for the sake of the larger audience, and part of the reason that may
[50:24.560 --> 50:28.600]  have happened is because I don't have a call screener, but Matthew Medina from We Are Change
[50:28.600 --> 50:31.480]  San Antonio has rescued the situation.
[50:31.480 --> 50:36.920]  He has rallied the troops and got some volunteers to get me some call screeners for our own
[50:36.920 --> 50:39.640]  show, so that's going to help a great deal.
[50:39.640 --> 50:40.640]  All right.
[50:40.640 --> 50:43.320]  Moving on to Danny in Texas.
[50:43.320 --> 50:45.720]  Danny, thanks for calling in.
[50:45.720 --> 50:46.720]  What's on your mind tonight?
[50:46.720 --> 50:47.720]  Okay.
[50:47.720 --> 50:53.880]  Well, I don't completely agree with Eddie's evaluation of the definition of driver's license.
[50:53.880 --> 50:58.120]  Where you got it, it's three licenses, each connected by or.
[50:58.120 --> 51:01.960]  Well, one of those ors is an and, not an or.
[51:01.960 --> 51:04.480]  So they're all occupational licenses.
[51:04.480 --> 51:09.360]  Some of them are temporary license, and some of them are instructional permits.
[51:09.360 --> 51:14.440]  But the way the definition is structured, they're all occupational licenses.
[51:14.440 --> 51:16.920]  Well, not quite, Danny.
[51:16.920 --> 51:21.560]  What you've got is the first two are temporary under different circumstances.
[51:21.560 --> 51:26.680]  The last one, the occupational license is temporary in accordance with the judge, not
[51:26.680 --> 51:29.200]  upon the one that possesses the license.
[51:29.200 --> 51:34.080]  The other two can be exchanged at the will of the holder simply by either taking the
[51:34.080 --> 51:37.000]  test or coming in and getting the picture done.
[51:37.000 --> 51:41.240]  The occupational license is subject only to the will of the judge.
[51:41.240 --> 51:46.520]  He sets how temporary it is or isn't, not the person holding the license.
[51:46.520 --> 51:52.560]  That's the reason for the and, and that's my interpretation of the reason for the and.
[51:52.560 --> 51:57.280]  The other two are changeable at will just by doing what's required to get them done.
[51:57.280 --> 51:59.520]  The other, the judge sets.
[51:59.520 --> 52:05.600]  So in actuality, you've got only two different types of temporary licenses.
[52:05.600 --> 52:09.760]  One the court sets and one that belongs to the license holder.
[52:09.760 --> 52:14.160]  They're just, they're just issued under different criteria and you have to do a different thing
[52:14.160 --> 52:20.200]  in order to, I guess you have to say, exchange them for the type of license you actually
[52:20.200 --> 52:22.140]  are supposed to have.
[52:22.140 --> 52:27.680]  But the other one is only revocable by the judge and it only, and it's bound upon you
[52:27.680 --> 52:29.080]  until he says different.
[52:29.080 --> 52:30.080]  The other two are not.
[52:30.080 --> 52:39.160]  Okay, well I'll look at some more but I'm still not so sure about that.
[52:39.160 --> 52:40.160]  Well that's okay.
[52:40.160 --> 52:41.160]  Yeah.
[52:41.160 --> 52:46.640]  But that, that's the reason that I've read it and understood it the way I do is because
[52:46.640 --> 52:52.320]  the first two instances, the holder gets to determine how long they are, what they are,
[52:52.320 --> 52:54.360]  whereas the occupational they do not.
[52:54.360 --> 52:55.360]  Okay.
[52:55.360 --> 53:00.440]  Well, can we talk on another topic besides life, transportation code?
[53:00.440 --> 53:01.440]  Sure.
[53:01.440 --> 53:02.440]  Okay.
[53:02.440 --> 53:12.600]  A little while back, you were talking about the Article 5, Section 17 and they're talking
[53:12.600 --> 53:19.880]  about the first part of that says that they begin a prosecution by the attorney filing
[53:19.880 --> 53:25.600]  an information in said court, there being the Constitutional County Court.
[53:25.600 --> 53:26.600]  Right.
[53:26.600 --> 53:32.560]  Then after that it goes on down talking about a grand jury hearing about misdemeanors.
[53:32.560 --> 53:33.560]  Right.
[53:33.560 --> 53:41.560]  And it seemed like you were saying that the attorney filing an information into the court
[53:41.560 --> 53:46.120]  would still require an indictment.
[53:46.120 --> 53:49.680]  And I believe to be constitutional it does.
[53:49.680 --> 53:51.440]  And here's why.
[53:51.440 --> 53:57.800]  In order, okay, let's put it this way, if the state can move against you and incarcerate
[53:57.800 --> 54:05.360]  you without the barrier of a grand jury between you and that procedure, would you say that's
[54:05.360 --> 54:09.200]  a constitutional authority of the state?
[54:09.200 --> 54:12.760]  Well, maybe not.
[54:12.760 --> 54:18.920]  Because it seems like, it just seems like there's been some special status given to
[54:18.920 --> 54:23.880]  the Constitutional County Court that's not been permitted to any other court.
[54:23.880 --> 54:26.920]  Well, but I don't know.
[54:26.920 --> 54:31.080]  Let's look at Section 17 and take it in the context it's written, along with what the
[54:31.080 --> 54:34.720]  Code of Criminal Procedure says the object is.
[54:34.720 --> 54:40.080]  Randy, on the section dealing with written waiver of indictment, 1.141, right?
[54:40.080 --> 54:44.480]  I don't remember the exact number, but I know it does say that.
[54:44.480 --> 54:45.480]  Yeah.
[54:45.480 --> 54:48.200]  It's 1.141 if I'm not mistaken.
[54:48.200 --> 54:58.080]  That's the one that says that you must waive it in court with counsel present after full
[54:58.080 --> 55:00.440]  disclosure free of coercion.
[55:00.440 --> 55:01.440]  Right.
[55:01.440 --> 55:03.920]  And that's the waiver of indictment, okay?
[55:03.920 --> 55:11.120]  Now, if you waive the indictment, they can still go after you on an information.
[55:11.120 --> 55:13.960]  That's one possibility of what that means.
[55:13.960 --> 55:19.840]  The other one is that if you read further down in that same chapter, that even if they
[55:19.840 --> 55:26.880]  do get an indictment and the indictment gets quashed, they can still hold you over to answer
[55:26.880 --> 55:33.280]  for the information, okay?
[55:33.280 --> 55:39.960]  But there still would appear to be the prerequisite that the indictment must be had.
[55:39.960 --> 55:47.400]  That ensures that the state is not the one moving to incarcerate you on its own authority
[55:47.400 --> 55:54.640]  without any intervention by a jury of your peers, okay?
[55:54.640 --> 55:56.280]  That goes to Kennedy State.
[55:56.280 --> 55:57.280]  Yeah.
[55:57.280 --> 55:58.280]  It says...
[55:58.280 --> 56:02.280]  That to me is a constitutional way that it has to work to be constitutional.
[56:02.280 --> 56:06.680]  The state's saying that they can do something to you and throw you in jail and don't have
[56:06.680 --> 56:11.760]  to let the people of the state determine whether or not there was ever even a crime worth indicting
[56:11.760 --> 56:14.120]  you over.
[56:14.120 --> 56:18.400]  That's putting way too much power in the hands of a government we didn't want having it to
[56:18.400 --> 56:21.960]  begin with, in my opinion.
[56:21.960 --> 56:23.440]  Okay.
[56:23.440 --> 56:29.840]  But also, I don't know where the procedures are for once and information has been filed
[56:29.840 --> 56:34.200]  with a court that then it is transferred to a grand jury.
[56:34.200 --> 56:39.720]  Well, but you're assuming that the information is what has to be given to the grand jury.
[56:39.720 --> 56:45.080]  It's not a criminal complaint and the information together according to what the Code of Criminal
[56:45.080 --> 56:46.640]  Procedure says.
[56:46.640 --> 56:47.840]  Both of those are together.
[56:47.840 --> 56:53.220]  When the complaint's given to the prosecuting attorney for the state, he reduces it to writing.
[56:53.220 --> 56:54.960]  He creates an information.
[56:54.960 --> 56:59.080]  That information goes either to a magistrate or to a grand jury.
[56:59.080 --> 57:11.880]  Yeah, but if all accusations of felonies and misdemeanors require indictment, then all complaints,
[57:11.880 --> 57:16.720]  all information must be filed with the grand jury.
[57:16.720 --> 57:24.840]  If the grand jury, unlike the federal, the state grand jury, the federal can examine
[57:24.840 --> 57:31.920]  into anything it wants to, but a state grand jury can only examine into criminal accusations
[57:31.920 --> 57:36.960]  that come to their knowledge by way of the prosecuting attorney or an incredible person.
[57:36.960 --> 57:43.880]  They can't just act until they have a criminal accusation.
[57:43.880 --> 57:45.880]  That's all I got to say about that.
[57:45.880 --> 57:46.880]  Yeah.
[57:46.880 --> 57:50.920]  Well, I've got somebody telling me that that section applies only to felonies.
[57:50.920 --> 57:51.920]  No.
[57:51.920 --> 57:56.680]  Anything else in cases other than capital felony, okay, is a misdemeanor other than
[57:56.680 --> 58:04.320]  a capital felony, meaning there can't be a waiver of indictment for a capital felony.
[58:04.320 --> 58:09.880]  There must be an indictment, but in anything other than a capital felony, it can be waived
[58:09.880 --> 58:10.880]  in writing.
[58:10.880 --> 58:13.880]  Hey, anything else, Danny?
[58:13.880 --> 58:22.160]  Well, we're at the end anyway, so there's not any time right now.
[58:22.160 --> 58:23.160]  All right.
[58:23.160 --> 58:24.160]  Thank you, Danny.
[58:24.160 --> 58:25.960]  You want to hang on to the other side is what I'm asking her.
[58:25.960 --> 58:27.960]  Well, I thought we already said we can't do that.
[58:27.960 --> 58:28.960]  Okay, that's true.
[58:28.960 --> 58:29.960]  I bet.
[58:29.960 --> 58:35.360]  Well, we took you in the middle of the segment, so we want to be fair.
[58:35.360 --> 58:36.360]  I'll pass now.
[58:36.360 --> 58:37.360]  Maybe call back.
[58:37.360 --> 58:38.360]  Okay.
[58:38.360 --> 58:39.360]  Good deal.
[58:39.360 --> 58:40.360]  All right.
[58:40.360 --> 58:41.360]  Thank you, Danny.
[58:41.360 --> 58:42.360]  Bye.
[58:42.360 --> 58:43.360]  All right.
[58:43.360 --> 58:49.080]  So if you'd like to call in 512-646-1984, we've got open phone lines right now.
[58:49.080 --> 58:55.680]  We saw Kathy from Missouri was on, also Rodney from Texas, and you guys dropped off the line.
[58:55.680 --> 59:17.040]  So Kathy, Rodney, if you'd like to call back in, please do so.
[59:17.040 --> 59:44.800]  All right.
[59:44.800 --> 59:45.800]  Bye.
[59:45.800 --> 59:46.800]  Bye-bye.
[59:46.800 --> 01:00:10.760]  In news Moran, a senior advisor to President Mahmoud Ahmadinejad, Muqtaba Samari Hashimi
[01:00:10.760 --> 01:00:17.160]  says the Iranian chief executive has approved the site for a new uranium enrichment plant.
[01:00:17.160 --> 01:00:22.840]  Atomic energy organization of Iran chief Ali Akbar Saleh announced in February that Iran
[01:00:22.840 --> 01:00:29.360]  would start the construction of two new enrichment sites by March 2011.
[01:00:29.360 --> 01:00:34.240]  President Barack Obama has dramatically cut funds for promoting democracy in Egypt by
[01:00:34.240 --> 01:00:40.040]  about 50%, a move that could affect everything from anti-corruption programs to the monitoring
[01:00:40.040 --> 01:00:41.240]  of elections.
[01:00:41.240 --> 01:00:46.960]  The cut has drawn accusations that the Obama administration is easing off reform pressure
[01:00:46.960 --> 01:00:52.920]  on President Hosni Mubarak to ensure Egypt's support on Mideast policy, including the peace
[01:00:52.920 --> 01:00:54.720]  process with Israel.
[01:00:54.720 --> 01:00:59.960]  The administration has made similar cuts in democracy aid to Jordan, another U.S. ally.
[01:00:59.960 --> 01:01:04.480]  This news brief brought to you by the International News Net.
[01:01:04.480 --> 01:01:08.680]  U.S. Defense Secretary Robert Gates reacted angrily to the leak of his classified memo
[01:01:08.680 --> 01:01:13.680]  on Iran to National Security Advisor James Jones, defending it as part of an orderly
[01:01:13.680 --> 01:01:16.120]  and timely decision-making process.
[01:01:16.120 --> 01:01:21.560]  The memo warned that the Obama administration did not have a good strategy for what to do
[01:01:21.560 --> 01:01:25.980]  in the event that Iran might go through with all the steps of producing a nuclear weapon
[01:01:25.980 --> 01:01:29.280]  except for the part where they actually produce one.
[01:01:29.280 --> 01:01:34.280]  All indications are that Gates' solutions were specific strategies for launching a military
[01:01:34.280 --> 01:01:35.520]  attack on Iran.
[01:01:35.520 --> 01:01:40.440]  In response, Admiral Michael Mullen, head of the Joint Chiefs of Staff, once again reiterated
[01:01:40.440 --> 01:01:46.420]  today that attacking Iran should be absolutely at last resort, but added that all options
[01:01:46.420 --> 01:01:48.080]  remain on the table.
[01:01:48.080 --> 01:01:53.340]  The issue raised by Gates' memo is that the presumptive future status of Iran as a virtual
[01:01:53.340 --> 01:01:58.680]  nuclear power without actually violating the Nuclear Non-Proliferation Treaty in any way
[01:01:58.680 --> 01:02:04.840]  or doing anything but continuing the civilian nuclear program would be sufficient justification
[01:02:04.840 --> 01:02:13.520]  for a U.S. military attack.
[01:02:13.520 --> 01:02:18.440]  The Ecuadorian government has threatened to take over foreign oil concessions if the companies
[01:02:18.440 --> 01:02:22.360]  resist growing state control of their industry.
[01:02:22.360 --> 01:02:27.480]  Ecuadorian President Raffo Correa said everyday millions of dollars were going to oil companies
[01:02:27.480 --> 01:02:29.660]  that should go to the state.
[01:02:29.660 --> 01:02:34.560]  The government has been pressing the companies to give up concessions and give them a share
[01:02:34.560 --> 01:02:38.760]  of oil field profits and accept service contracts.
[01:02:38.760 --> 01:03:07.800]  Oil firms operating in Ecuador come from Spain, Brazil, China and Italy.
[01:03:07.800 --> 01:03:14.800]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:14.800 --> 01:03:44.560]  talk radio at its best.
[01:03:45.560 --> 01:04:06.560]  I won't pay for the war with my body, ain't gonna pay for the car with my money, I won't
[01:04:06.560 --> 01:04:15.240]  pay for the boys with my money, ain't gonna pay for the kids with my body, the whole agenda
[01:04:15.240 --> 01:04:16.240]  smells funny.
[01:04:16.240 --> 01:04:21.440]  Okay, we are back for hour two of the Rule of Law.
[01:04:21.440 --> 01:04:25.560]  The call lines are open, 512-646-1984.
[01:04:25.560 --> 01:04:26.920]  We've got Gary from Georgia.
[01:04:26.920 --> 01:04:28.160]  Gary, thanks for calling in.
[01:04:28.160 --> 01:04:29.160]  What's on your mind tonight?
[01:04:29.160 --> 01:04:30.160]  Well, congratulations Deborah.
[01:04:30.160 --> 01:04:35.160]  I finally got through on the first call, that's nice.
[01:04:35.160 --> 01:04:36.160]  Woohoo!
[01:04:36.160 --> 01:04:39.720]  Yeah, woohoo for both of us, man.
[01:04:39.720 --> 01:04:45.840]  Because I really have some very significant questions, if anybody could answer this, I
[01:04:45.840 --> 01:04:49.200]  think Eddie is very qualified to answer this.
[01:04:49.200 --> 01:05:00.120]  One is, what is an ordinance and how is an ordinance relevant to traffic laws in the
[01:05:00.120 --> 01:05:08.360]  State Administrative Procedures Act, because a person, and he was talking about driving,
[01:05:08.360 --> 01:05:14.200]  we have to be, you have to be a creature of the statue, in other words, it's a word and
[01:05:14.200 --> 01:05:23.520]  the legislature creates you by the word, the term, driver, insurance, so what I've looked
[01:05:23.520 --> 01:05:34.640]  at under Georgia law is that the, to have a tag, it's under the Georgia Insurance Commissioner
[01:05:34.640 --> 01:05:44.280]  and he gets his authority from the IRS, wow, got crazy to me, so direct, regressed of the
[01:05:44.280 --> 01:05:51.840]  question is, what is an ordinance and how, how is it relevant to private individuals?
[01:05:51.840 --> 01:05:53.920]  Thank you, gentlemen.
[01:05:53.920 --> 01:05:54.920]  You're welcome, Gary.
[01:05:54.920 --> 01:05:59.840]  Okay, well, I can tell you what my personal interpretation of the ordinance is, let's
[01:05:59.840 --> 01:06:05.440]  first analyze who creates the ordinance, the municipality creates the ordinance, the municipality
[01:06:05.440 --> 01:06:11.720]  is a corporate entity, it is a subdivision of the state, and just like the state.
[01:06:11.720 --> 01:06:17.720]  Hold on, hold on, do you have a definition for ordinance as opposed to statute, rule,
[01:06:17.720 --> 01:06:18.720]  or regulation?
[01:06:18.720 --> 01:06:27.640]  Let me break out, there is a very distinct difference in the definition of statute in
[01:06:27.640 --> 01:06:38.640]  most cases, but let me get this here and we will see, all right, ordinance, all right,
[01:06:38.640 --> 01:06:48.320]  this is Black's law, sixth edition, and it says, I'm thinking ordinance in terms of like
[01:06:48.320 --> 01:06:49.320]  30 caliber.
[01:06:49.320 --> 01:06:50.320]  Okay.
[01:06:50.320 --> 01:06:52.320]  Yeah, I do not have an extension, sir.
[01:06:52.320 --> 01:06:58.680]  Ordinance, a rule established by authority, a permanent rule of action, a law, or statute,
[01:06:58.680 --> 01:07:03.040]  in its most common meaning, the term is used to designate the enactments of the legislative
[01:07:03.040 --> 01:07:09.680]  body of a municipal corporation, it designates a local law of a municipal corporation duly
[01:07:09.680 --> 01:07:15.560]  enacted by the proper authorities, prescribing general, uniform, and permanent rules of conduct
[01:07:15.560 --> 01:07:22.560]  relating to the corporate affairs of the municipality, okay, the corporate affairs of the municipality.
[01:07:22.560 --> 01:07:28.040]  That is odd because that may be the first time you read one of those definitions and
[01:07:28.040 --> 01:07:31.840]  it meant exactly what I expected it to mean.
[01:07:31.840 --> 01:07:37.320]  Yeah, it has nothing to do with a private citizen, it has to do with those that are
[01:07:37.320 --> 01:07:43.580]  subject to the corporate policies and procedures of the corporation itself.
[01:07:43.580 --> 01:07:49.560]  The employees of the city, contractors who work for the city, the police officers who
[01:07:49.560 --> 01:07:56.600]  work for the city, that's who city ordinances apply to, not the citizens of the city.
[01:07:56.600 --> 01:08:02.640]  The city exists because they made it, not the other way around, just like state government.
[01:08:02.640 --> 01:08:05.760]  Now let's look at what the legal definition of statute is.
[01:08:05.760 --> 01:08:09.800]  Now I've read this one before, I don't know if I've read it on the air, but you're going
[01:08:09.800 --> 01:08:11.460]  to like this.
[01:08:11.460 --> 01:08:20.000]  Statute is not at all what you would think it is, okay, and there are many, many versions
[01:08:20.000 --> 01:08:24.600]  of what statute means here in blacks, but we're going to go over this one as soon as
[01:08:24.600 --> 01:08:30.440]  I find the one that's relevant here, okay.
[01:08:30.440 --> 01:08:37.200]  Statute, there we go, a formal written enactment of a legislative body, whether federal, state,
[01:08:37.200 --> 01:08:42.800]  city or county, an act of the legislature declaring, commanding or prohibiting something,
[01:08:42.800 --> 01:08:47.120]  a particular law enacted and established by the will of the legislative department of
[01:08:47.120 --> 01:08:52.980]  government, the written will of the legislature, solemnly expressed according to the forms
[01:08:52.980 --> 01:08:56.520]  necessary to constitute it the law of the state.
[01:08:56.520 --> 01:09:01.800]  Such may be public or private, dectatory, mandatory, directory or enabling in nature.
[01:09:01.800 --> 01:09:08.240]  For mandatory and directory statutes, see directory, mandatory statutes, okay.
[01:09:08.240 --> 01:09:16.840]  Now the legislative will, okay, since when did the people give the legislature the will
[01:09:16.840 --> 01:09:18.160]  over the people?
[01:09:18.160 --> 01:09:21.600]  The legislator's will dictates to us?
[01:09:21.600 --> 01:09:25.080]  I don't think so, okay.
[01:09:25.080 --> 01:09:29.200]  We made the legislature, we empowered the legislature.
[01:09:29.200 --> 01:09:35.400]  Find me anywhere in our constitution where it said that we delegated our sovereign authority
[01:09:35.400 --> 01:09:43.360]  to the legislature to regulate us, to have will over us and make us subject to their
[01:09:43.360 --> 01:09:45.840]  will and declaration.
[01:09:45.840 --> 01:09:48.160]  It doesn't exist.
[01:09:48.160 --> 01:09:54.860]  We've given them specific power and authority over government created entities or certain
[01:09:54.860 --> 01:10:02.480]  types of regulatory activities such as use of the highways for business versus private
[01:10:02.480 --> 01:10:10.360]  use and pleasure, okay, and corporations being government created are the pinnacle of those
[01:10:10.360 --> 01:10:16.520]  things, okay, that we gave them power to regulate and control.
[01:10:16.520 --> 01:10:25.800]  We never gave that authority to the legislature as citizens and as people.
[01:10:25.800 --> 01:10:31.520]  We have to be doing something that involves a specific activity that we allow them to
[01:10:31.520 --> 01:10:37.640]  regulate before they have any direct authority over us as a whole, period.
[01:10:37.640 --> 01:10:44.640]  It can't work otherwise or the people mean nothing and government means everything.
[01:10:44.640 --> 01:10:53.000]  I'd like to check, you said that very, very eloquently to all the listeners.
[01:10:53.000 --> 01:11:00.720]  They do not understand the difference between rights versus privileges.
[01:11:00.720 --> 01:11:03.880]  Privileges are given to you by license.
[01:11:03.880 --> 01:11:10.240]  The Latin word licenza like in Brazil, which I speak Portuguese, they say licenza 454.
[01:11:10.240 --> 01:11:18.320]  I mean it just means excuse me, but what we have in my city, Columbus, Georgia, and many
[01:11:18.320 --> 01:11:23.880]  other cities is a man gets him a job as so-called code enforcer.
[01:11:23.880 --> 01:11:25.400]  What code is he enforcing?
[01:11:25.400 --> 01:11:26.400]  An ordinance.
[01:11:26.400 --> 01:11:28.400]  What is an ordinance?
[01:11:28.400 --> 01:11:35.880]  It is a bylaw of the corporation and I have Georgia case law that tells you that all these
[01:11:35.880 --> 01:11:43.360]  particular courts where you don't have jury trial are corporation courts and as any will
[01:11:43.360 --> 01:11:47.400]  understand me, sir, it's really administrative tribunal.
[01:11:47.400 --> 01:11:48.400]  Yes it is.
[01:11:48.400 --> 01:11:50.560]  Let me analyze one other thing here.
[01:11:50.560 --> 01:11:56.740]  There is a constitutional prohibition on any governmental body from creating law other
[01:11:56.740 --> 01:11:58.800]  than the legislature.
[01:11:58.800 --> 01:12:05.840]  Nowhere in the constitution do we delegate law making powers to any other entity, none.
[01:12:05.840 --> 01:12:12.440]  So any time a governmental entity other than the legislature creates a law of any kind,
[01:12:12.440 --> 01:12:20.600]  that law cannot be binding upon the people of Texas in any way, shape, or form.
[01:12:20.600 --> 01:12:27.400]  Because what has been incorporated by the rule of law, the gender boys from Alabama,
[01:12:27.400 --> 01:12:33.320]  that's the name of the program, they have integrated the international building code
[01:12:33.320 --> 01:12:41.800]  into these ordinances and they code enforcement people, just go and tear down people's houses
[01:12:41.800 --> 01:12:48.360]  and maybe they even have them in remodeling construction, but they just get them torn
[01:12:48.360 --> 01:12:56.720]  down by a private company and then a private company gets all the spoil and then they charge
[01:12:56.720 --> 01:13:00.280]  the individual for tearing him down and putting a lien on his property.
[01:13:00.280 --> 01:13:01.280]  Yeah, it's fair.
[01:13:01.280 --> 01:13:09.640]  But then again he would have to be in commerce, he would have to be regulated, show a contract
[01:13:09.640 --> 01:13:16.680]  and he entered into that contract to have a regulation such as a barber, real estate,
[01:13:16.680 --> 01:13:19.560]  doctor, chiropractor, whatever.
[01:13:19.560 --> 01:13:29.200]  But where a person has what they like to call cars in the cars of their property and then
[01:13:29.200 --> 01:13:31.720]  how about cutting the grass?
[01:13:31.720 --> 01:13:42.040]  Here in Columbus, Georgia, the city's got grass up to six feet, but then they have these
[01:13:42.040 --> 01:13:46.760]  code enforcers that put people in jail for not cutting the grass.
[01:13:46.760 --> 01:13:51.800]  My contention is that grass belongs to him, it's his property again and now we have a
[01:13:51.800 --> 01:13:52.800]  trespass.
[01:13:52.800 --> 01:14:00.720]  So I just wanted to let people give that thought and please, ladies and gentlemen, make your
[01:14:00.720 --> 01:14:08.160]  complaint and then you want it in a real court of record, here in Georgia, a general court
[01:14:08.160 --> 01:14:15.920]  of records or a superior court and you want a jury trial because it will cost that state
[01:14:15.920 --> 01:14:22.520]  a lose of money and everything and then they get to do all your discovery and then go against
[01:14:22.520 --> 01:14:23.520]  their bonds.
[01:14:23.520 --> 01:14:24.520]  Thank you very much.
[01:14:24.520 --> 01:14:25.520]  You've got a nice job, Eddie.
[01:14:25.520 --> 01:14:26.520]  Well, thank you, Gary.
[01:14:26.520 --> 01:14:27.520]  Thanks, Gary.
[01:14:27.520 --> 01:14:28.520]  You do an excellent job.
[01:14:28.520 --> 01:14:29.520]  Good night, sir.
[01:14:29.520 --> 01:14:30.520]  Good night, sir.
[01:14:30.520 --> 01:14:31.520]  Thank you.
[01:14:31.520 --> 01:14:32.520]  Good night.
[01:14:32.520 --> 01:14:33.520]  All right.
[01:14:33.520 --> 01:14:41.000]  That was Gary from Georgia.
[01:14:41.000 --> 01:14:45.440]  We have open phone lines right now, 512-646-1984.
[01:14:45.440 --> 01:14:49.920]  So what do you think about what Gary just said, Eddie?
[01:14:49.920 --> 01:14:56.360]  Well, I agree that this is why we're here, is to educate people on what they're not being
[01:14:56.360 --> 01:15:01.040]  taught and what they're not being told and he's absolutely correct.
[01:15:01.040 --> 01:15:03.720]  It goes hand in hand with exactly what I'm talking about.
[01:15:03.720 --> 01:15:08.120]  They make presumptions that any enactment of the legislature is automatically binding
[01:15:08.120 --> 01:15:09.580]  upon the people.
[01:15:09.580 --> 01:15:10.800]  That can't be.
[01:15:10.800 --> 01:15:13.280]  It's not possible for it to be so.
[01:15:13.280 --> 01:15:15.200]  Same thing applies to the city ordinances.
[01:15:15.200 --> 01:15:20.720]  It's not possible that another body creates law binding upon the people because we never
[01:15:20.720 --> 01:15:24.120]  delegated any such authority to that body of law.
[01:15:24.120 --> 01:15:25.120]  Okay?
[01:15:25.120 --> 01:15:28.160]  Randy, what do you think?
[01:15:28.160 --> 01:15:33.240]  I was trying to sort that out.
[01:15:33.240 --> 01:15:44.600]  I hadn't considered the question of the propriety of corporate municipalities making law.
[01:15:44.600 --> 01:15:50.880]  Doesn't sound like that's the way it should be to me.
[01:15:50.880 --> 01:15:55.960]  From what Gary's saying, it's forbidden and from what Eddie's saying, it's forbidden.
[01:15:55.960 --> 01:15:59.880]  Otherwise, they're running their own little state, so to speak.
[01:15:59.880 --> 01:16:05.200]  You can't just set up your own nation, state, and start making laws and stuff.
[01:16:05.200 --> 01:16:06.200]  Well, no.
[01:16:06.200 --> 01:16:09.640]  There's a constitutional prohibition about any state existing within the borders of any
[01:16:09.640 --> 01:16:10.640]  other state.
[01:16:10.640 --> 01:16:11.640]  Exactly.
[01:16:11.640 --> 01:16:14.720]  That's what these little corporate municipalities are doing.
[01:16:14.720 --> 01:16:20.920]  They're just setting up their own laws and enforcing them.
[01:16:20.920 --> 01:16:22.480]  That is the effort they're putting forth.
[01:16:22.480 --> 01:16:25.000]  I'll say that for them.
[01:16:25.000 --> 01:16:29.200]  Well, what do we do about it?
[01:16:29.200 --> 01:16:34.480]  How do we take this on in a cogent way that makes sense to people and it doesn't sound
[01:16:34.480 --> 01:16:38.360]  like just a wacko argument?
[01:16:38.360 --> 01:16:42.000]  That's your job, Randy.
[01:16:42.000 --> 01:16:45.960]  I'll work on that.
[01:16:45.960 --> 01:16:48.960]  That's what we got you for.
[01:16:48.960 --> 01:16:51.960]  That's what we got you for, Randy.
[01:16:51.960 --> 01:16:52.960]  Okay, folks.
[01:16:52.960 --> 01:16:53.960]  Call on in.
[01:16:53.960 --> 01:16:54.960]  We got open phone lines.
[01:16:54.960 --> 01:16:55.960]  512-646-1984.
[01:16:55.960 --> 01:16:56.960]  We'll be right back.
[01:16:56.960 --> 01:17:05.400]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[01:17:05.400 --> 01:17:09.160]  so easy, and neither is finding like-minded people to share it with.
[01:17:09.160 --> 01:17:12.160]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:12.160 --> 01:17:13.160]  Brave New Books?
[01:17:13.160 --> 01:17:14.160]  Yes.
[01:17:14.160 --> 01:17:18.480]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[01:17:18.480 --> 01:17:20.480]  Ron Paul, and G. Edward Griffin.
[01:17:20.480 --> 01:17:24.560]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:24.560 --> 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 --> 01:17:35.880]  By UT, there's never anywhere to park down there.
[01:17:35.880 --> 01:17:41.280]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:17:41.280 --> 01:17:44.280]  facility just behind the bookstore.
[01:17:44.280 --> 01:17:47.200]  It does exist, but when are they open?
[01:17:47.200 --> 01:17:52.040]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:52.040 --> 01:18:03.160]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:18:03.160 --> 01:18:26.120]  Thanks for watching, and I'll see you next time on Brave New Books.
[01:18:26.120 --> 01:18:36.840]  Bye.
[01:18:56.120 --> 01:19:05.120]  Ain't gonna drop me with that same old sucker punch
[01:19:05.120 --> 01:19:10.120]  I get it now but then I must have been runnin' up
[01:19:10.120 --> 01:19:15.120]  Back then you had room to move but now you're feelin' the crunch
[01:19:15.120 --> 01:19:40.120]  Ain't gonna get me with that same old sucker punch
[01:19:40.120 --> 01:19:45.120]  Ain't gonna please me with that same old sadden song
[01:19:45.120 --> 01:19:50.120]  You thought you were on but now you got me wrong
[01:19:50.120 --> 01:19:55.120]  It was a weak moment for me but I had the power all along
[01:19:55.120 --> 01:20:20.120]  Ain't gonna please me with that same old sadden song
[01:20:20.120 --> 01:20:25.120]  Ain't gonna bore me with that same old bundle of lies
[01:20:25.120 --> 01:20:30.120]  Your arrogance is absurd, don't know why you even try
[01:20:30.120 --> 01:20:35.120]  I'm gonna see my sweet red public re-energize
[01:20:35.120 --> 01:20:50.120]  Ain't gonna blind me with that same old bucket of lies
[01:20:50.120 --> 01:21:05.120]  Ain't gonna blind me
[01:21:21.120 --> 01:21:24.120]  I'm really excited to have found the program
[01:21:24.120 --> 01:21:28.120]  The stuff I'm learnin' about here is incredible
[01:21:28.120 --> 01:21:33.120]  And I really appreciate all the work that you guys are all doin'
[01:21:33.120 --> 01:21:42.120]  The thing that was most striking to me about the Oklahoma City bombing press conference from I think Thursday
[01:21:42.120 --> 01:21:49.120]  Was to listen to Harmon Taylor from Dallas talk about the Terra Haute litigation
[01:21:49.120 --> 01:21:54.120]  Where he got a stay of execution of Timothy McVeigh
[01:21:54.120 --> 01:22:01.120]  Because he was himself evidence for cases that might be followed
[01:22:01.120 --> 01:22:09.120]  And he expressed his shock when he finally realized
[01:22:09.120 --> 01:22:14.120]  Because of the obstacles the court was puttin' in his way
[01:22:14.120 --> 01:22:19.120]  That the federal government's not runnin' on the Constitution anymore
[01:22:19.120 --> 01:22:24.120]  But it's a completely different
[01:22:24.120 --> 01:22:27.120]  Let me give you a little background to that
[01:22:27.120 --> 01:22:28.120]  Good
[01:22:28.120 --> 01:22:34.120]  Prior to Oklahoma City, when I first met Harmon
[01:22:34.120 --> 01:22:43.120]  I went to him because he was doing a one-on-one Constitution class
[01:22:43.120 --> 01:22:46.120]  Now every time I sit down with Harmon Taylor
[01:22:46.120 --> 01:22:50.120]  It takes me a couple of days to get my head to quit spinnin'
[01:22:50.120 --> 01:22:51.120]  Wow
[01:22:51.120 --> 01:22:53.120]  Because Harmon is deep
[01:22:53.120 --> 01:22:57.120]  And I had went to him over a Constitution class
[01:22:57.120 --> 01:23:02.120]  He was particular who he would even take and talk to
[01:23:02.120 --> 01:23:07.120]  Because he needed someone that was sophisticated enough that they could
[01:23:07.120 --> 01:23:09.120]  Where he had a place to start from
[01:23:09.120 --> 01:23:10.120]  I hear ya
[01:23:10.120 --> 01:23:16.120]  And to hear him talk about his revelation he received from the court
[01:23:16.120 --> 01:23:22.120]  See, Harmon was a bar card carrying attorney and he gave up his card
[01:23:22.120 --> 01:23:30.120]  I saw that when I did a Google for him and it's posted from the Texas bar
[01:23:30.120 --> 01:23:34.120]  As his PDF of his resignation up there
[01:23:34.120 --> 01:23:40.120]  That he was released without any dissatisfaction
[01:23:40.120 --> 01:23:44.120]  Yeah, well the dissatisfaction was his
[01:23:44.120 --> 01:23:45.120]  Right
[01:23:45.120 --> 01:23:50.120]  But he did that because he's a man of such integrity
[01:23:50.120 --> 01:23:56.120]  But to have him make this change where he was going is
[01:23:56.120 --> 01:24:07.120]  Harmon thinks of the courts as teaching you with their opinions
[01:24:07.120 --> 01:24:12.120]  And that's what he was speaking to about them hitting him with a padded tuba for
[01:24:12.120 --> 01:24:17.120]  He was very subtle the way he expressed it in his presentation at the press conference
[01:24:17.120 --> 01:24:27.120]  And I certainly would urge all the listeners to go to the archive and hear the Oklahoma City press conference
[01:24:27.120 --> 01:24:30.120]  And listen very carefully to Harmon
[01:24:30.120 --> 01:24:34.120]  And he said at the end that his work now is to
[01:24:34.120 --> 01:24:41.120]  He seeks out people that are struggling like he was and he informs them
[01:24:41.120 --> 01:24:47.120]  And he made a special point to explain and a couple of comments
[01:24:47.120 --> 01:24:52.120]  As the TV crews would gradually leave when he started talking
[01:24:52.120 --> 01:25:00.120]  Because he talks about the law which explains how the people have the power over the government
[01:25:00.120 --> 01:25:05.120]  And the TV crews leave and if you listen to how he describes that
[01:25:05.120 --> 01:25:13.120]  It's as if he thinks that there is a policy to keep stuff off the television
[01:25:13.120 --> 01:25:18.120]  That will inform citizens that they are the power
[01:25:18.120 --> 01:25:21.120]  And I think he's exactly right
[01:25:21.120 --> 01:25:27.120]  I expect he is and let me think of when I was a kid watching reruns of Perry Mason
[01:25:27.120 --> 01:25:34.120]  Where you know the quote unquote attorney had all the power to protect the people
[01:25:34.120 --> 01:25:40.120]  And maybe the education of the masses or the miseducation of the masses
[01:25:40.120 --> 01:25:45.120]  Was supplemented with those kinds of TV dramas to show how powerful the lawyers were
[01:25:45.120 --> 01:25:49.120]  And how they were going to save people from X, Y and Z
[01:25:49.120 --> 01:25:52.120]  And maybe we just got brainwashed
[01:25:52.120 --> 01:25:57.120]  And you know everything I learn these days teaches me that it's
[01:25:57.120 --> 01:26:01.120]  More and more teaches me that it's important for people to kill their television
[01:26:01.120 --> 01:26:05.120]  Do not watch TV
[01:26:05.120 --> 01:26:14.120]  Okay there was, I had talked to Deb about doing a show on my other primary study
[01:26:14.120 --> 01:26:22.120]  And that's communication and how we are seduced by language
[01:26:22.120 --> 01:26:30.120]  And TV is even more seductive in that it engages more of your sensory modalities
[01:26:30.120 --> 01:26:40.120]  Radio, I like radio because it engages only your hearing
[01:26:40.120 --> 01:26:46.120]  And it allows you to focus on one aspect of your experience
[01:26:46.120 --> 01:26:51.120]  TV takes away your control of your experience
[01:26:51.120 --> 01:26:57.120]  I mean who can stand in a room with a TV in it and not be drawn to it
[01:26:57.120 --> 01:27:02.120]  You have to be a passive receiver to get it
[01:27:02.120 --> 01:27:08.120]  Makes your mind passive and it also generates a certain frequency of brainwaves
[01:27:08.120 --> 01:27:14.120]  They measure this with electrodes that is not present when you listen to radio
[01:27:14.120 --> 01:27:19.120]  Right well that's because you get sensory overload
[01:27:19.120 --> 01:27:24.120]  You have too much input coming in to be able to think at the same time
[01:27:24.120 --> 01:27:27.120]  And there's a lot more to it
[01:27:27.120 --> 01:27:33.120]  It's also very specifically for the physiological reason that the frequency of the refresh rate
[01:27:33.120 --> 01:27:38.120]  On the television screen generates a certain frequency of brainwave
[01:27:38.120 --> 01:27:43.120]  This is not a fantasy, this is actual physiological science
[01:27:43.120 --> 01:27:46.120]  Yes but it's well above that 11 cycles a second
[01:27:46.120 --> 01:27:49.120]  That's so problematic
[01:27:49.120 --> 01:27:56.120]  The scan rates of TVs are like I think 30 refreshes a second
[01:27:56.120 --> 01:28:04.120]  And you get down around between 10 and 14 and you get people can be susceptible to that
[01:28:04.120 --> 01:28:09.120]  But this is so fast that at least on a conscious level there's no representation
[01:28:09.120 --> 01:28:16.120]  And I haven't seen any studies that indicate that these particular frequencies
[01:28:16.120 --> 01:28:20.120]  Are anything that resonates in the mind specifically
[01:28:20.120 --> 01:28:25.120]  But it's not quite that hokey
[01:28:25.120 --> 01:28:27.120]  I mean this is easier than that
[01:28:27.120 --> 01:28:33.120]  The problem I see here is image and language
[01:28:33.120 --> 01:28:36.120]  Language is extremely powerful
[01:28:36.120 --> 01:28:43.120]  Especially in the hands of someone who knows how to use it effectively
[01:28:43.120 --> 01:28:47.120]  Pacing, leading, reality stacking, analog marking
[01:28:47.120 --> 01:28:53.120]  You literally mark out things with voice inflection and with timbre
[01:28:53.120 --> 01:28:59.120]  You can mark out a second level of language in a common conversation
[01:28:59.120 --> 01:29:05.120]  And even if I know you're doing it
[01:29:05.120 --> 01:29:11.120]  Because if I use pacing and leading I draw you in and get you engaged
[01:29:11.120 --> 01:29:14.120]  You miss what we're doing
[01:29:14.120 --> 01:29:15.120]  Pardon me?
[01:29:15.120 --> 01:29:18.120]  Are you talking about neuro-linguistic programming?
[01:29:18.120 --> 01:29:22.120]  I'm not happy with neuro-linguistic programming
[01:29:22.120 --> 01:29:27.120]  It started out with a couple of guys, Grindr and Bandelier
[01:29:27.120 --> 01:29:30.120]  And they had real good tools
[01:29:30.120 --> 01:29:35.120]  But it got into a lot of hokey, supposedly magic crap and that's a bunch of nonsense
[01:29:35.120 --> 01:29:37.120]  That's right
[01:29:37.120 --> 01:29:42.120]  Desus has a lot more sophisticated tools than that
[01:29:42.120 --> 01:29:46.120]  But we're limited to one segment so I'm going to get cut off here
[01:29:46.120 --> 01:29:49.120]  All right, we've got Robert and Jim from Ohio
[01:29:49.120 --> 01:29:51.120]  That we're going to go to next
[01:29:51.120 --> 01:29:53.120]  Robert, you're next and then we'll go to Jim
[01:29:53.120 --> 01:29:55.120]  Yeah, and thanks Eric
[01:29:55.120 --> 01:29:58.120]  That was a very good presentation
[01:29:58.120 --> 01:30:01.120]  We'll be right back
[01:30:01.120 --> 01:30:05.120]  My name is Randall Kelton and I co-host on Rule of Law Radio
[01:30:05.120 --> 01:30:10.120]  We specialize in showing people how to strike back against corrupt public officials
[01:30:10.120 --> 01:30:12.120]  With the mortgage crisis worsening
[01:30:12.120 --> 01:30:16.120]  We set our sights on finding a remedy for people who have been cheated by their lenders
[01:30:16.120 --> 01:30:19.120]  If you have a mortgage or have paid yours off
[01:30:19.120 --> 01:30:22.120]  You have probably been cheated out of thousands
[01:30:22.120 --> 01:30:23.120]  But there is a remedy
[01:30:23.120 --> 01:30:31.120]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:30:31.120 --> 01:30:38.120]  And find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception
[01:30:38.120 --> 01:30:44.120]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime
[01:30:44.120 --> 01:30:48.120]  Lender fraud is bankrupting this country and it's time to fight back
[01:30:48.120 --> 01:30:56.120]  Go to remediesinrealestate.com or call 512-430-4140
[01:30:56.120 --> 01:31:01.120]  And get the information you need to stop the money changers in their tracks
[01:31:27.120 --> 01:31:30.120]  How to get debt collectors out of your credit report
[01:31:30.120 --> 01:31:35.120]  How to turn the financial tables on them and make them pay you to go away
[01:31:35.120 --> 01:31:40.120]  The Michael Mears proven method is the solution for how to stop debt collectors
[01:31:40.120 --> 01:31:42.120]  Personal consultation is available as well
[01:31:42.120 --> 01:31:48.120]  For more information please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:31:48.120 --> 01:31:51.120]  Or email michaelmears at yahoo.com
[01:31:51.120 --> 01:31:58.120]  Or email michaelmears at yahoo.com
[01:31:58.120 --> 01:32:25.120]  To learn how to stop debt collectors now
[01:32:28.120 --> 01:32:55.120]  To learn how to stop debt collectors now
[01:32:55.120 --> 01:33:00.120]  Okay we are back we are going to Robert in Texas
[01:33:00.120 --> 01:33:03.120]  Robert thanks for calling in what's on your mind tonight
[01:33:03.120 --> 01:33:10.120]  Yeah I wanted to ask Randy and Eddie a question about habeas corpus
[01:33:10.120 --> 01:33:17.120]  If they had filed a habeas corpus and got a hearing in front of a judge
[01:33:17.120 --> 01:33:20.120]  How would they handle that habeas corpus
[01:33:20.120 --> 01:33:25.120]  And how would the judge handle it in other words
[01:33:25.120 --> 01:33:30.120]  They have any idea what kind of questions the judge would ask
[01:33:30.120 --> 01:33:34.120]  Or just how would that habeas work that habeas hearing work
[01:33:34.120 --> 01:33:40.120]  Okay a habeas is for the purpose of the person who is holding someone at their liberty
[01:33:40.120 --> 01:33:44.120]  To come before the court and show cause as to why they are being held
[01:33:44.120 --> 01:33:48.120]  Well may I ask let me correct my question just a little bit
[01:33:48.120 --> 01:33:54.120]  It also says in a total crime procedure I believe that there is other issues
[01:33:54.120 --> 01:33:57.120]  Other than someone being held in jail
[01:33:57.120 --> 01:33:59.120]  No no no I didn't say in jail
[01:33:59.120 --> 01:34:00.120]  Okay
[01:34:00.120 --> 01:34:06.120]  At their liberty if you are out on bond you are bound at your liberty
[01:34:06.120 --> 01:34:07.120]  Right
[01:34:07.120 --> 01:34:10.120]  Habeas goes to any restriction on your liberty
[01:34:10.120 --> 01:34:12.120]  Yeah I understand
[01:34:12.120 --> 01:34:15.120]  And there are cases where appeals are had by habeas
[01:34:15.120 --> 01:34:20.120]  Yeah but what I want to know is if you had a hearing and you went to that hearing
[01:34:20.120 --> 01:34:23.120]  How would you handle that hearing
[01:34:23.120 --> 01:34:26.120]  Actually you wouldn't
[01:34:26.120 --> 01:34:31.120]  This is criminal and you really don't have standing
[01:34:31.120 --> 01:34:34.120]  You have standing to bring the habeas
[01:34:34.120 --> 01:34:45.120]  But the hearing itself is between the court and whoever is holding the person
[01:34:45.120 --> 01:34:49.120]  The court listens to the reason why the person is being held
[01:34:49.120 --> 01:34:53.120]  And they determine whether or not the reason is sufficient
[01:34:53.120 --> 01:34:55.120]  The one that is under restraint
[01:34:55.120 --> 01:35:00.120]  Yeah so it's not like you have two attorneys come in there and do a motion hearing on a habeas
[01:35:00.120 --> 01:35:03.120]  Well no no no he is asking who is doing the speaking
[01:35:03.120 --> 01:35:07.120]  In this case say for instance you are incarcerated in the county jail
[01:35:07.120 --> 01:35:09.120]  And the sheriff is the one that puts you there
[01:35:09.120 --> 01:35:18.120]  The court takes the habeas corpus petition that is filed and calls the sheriff before the court to tell the court why the sheriff is holding you
[01:35:18.120 --> 01:35:23.120]  It's essentially an examining trial
[01:35:23.120 --> 01:35:30.120]  Maybe this particular person is out on bond
[01:35:30.120 --> 01:35:32.120]  Okay they can bring the habeas
[01:35:32.120 --> 01:35:34.120]  They are bringing the habeas
[01:35:34.120 --> 01:35:36.120]  And they are going in for a hearing
[01:35:36.120 --> 01:35:39.120]  Yeah it's bringing the body
[01:35:39.120 --> 01:35:45.120]  So he is going in for the hearing on these issues to dismiss the whole thing
[01:35:45.120 --> 01:35:47.120]  And I don't really know what it's all about
[01:35:47.120 --> 01:35:50.120]  But I was just curious how those habeas hearing works
[01:35:50.120 --> 01:35:57.120]  In that case the judge that put him on bond is the one that is going to have to prove to the court why they did it
[01:35:57.120 --> 01:36:00.120]  As well as what the habeas was filed to release him from
[01:36:00.120 --> 01:36:04.120]  They will actually almost certainly bring the prosecutor
[01:36:04.120 --> 01:36:08.120]  And then the judge you have to be there because the judge may want to ask you questions
[01:36:08.120 --> 01:36:19.120]  They will generally give the accused an opportunity to present either the accused or his counsel
[01:36:19.120 --> 01:36:22.120]  But it's not like a regular motion hearing
[01:36:22.120 --> 01:36:29.120]  This is controlled who speaks who doesn't speak is at the discretion of the judge
[01:36:29.120 --> 01:36:32.120]  Okay
[01:36:32.120 --> 01:36:34.120]  And I had one other issue
[01:36:34.120 --> 01:36:41.120]  Y'all were talking about code violations, ordinances and stuff earlier
[01:36:41.120 --> 01:36:47.120]  There is a thing called home rule
[01:36:47.120 --> 01:36:49.120]  Home rule city yeah
[01:36:49.120 --> 01:36:52.120]  And I was just wondering what do y'all think about that
[01:36:52.120 --> 01:36:55.120]  How does that play in the picture
[01:36:55.120 --> 01:36:59.120]  Well the constitutional problem if I may Randy
[01:36:59.120 --> 01:37:01.120]  The constitutional problem still exists
[01:37:01.120 --> 01:37:07.120]  We only granted law making authority to one body the legislature
[01:37:07.120 --> 01:37:12.120]  We did not grant them delegatory authority for that power
[01:37:12.120 --> 01:37:19.120]  So once again even a home rule city anything it enacts is corporate policy
[01:37:19.120 --> 01:37:26.120]  And corporate policy has nothing to do with a non-corporate employee
[01:37:26.120 --> 01:37:31.120]  Okay I did see a case where and I don't remember which one it was
[01:37:31.120 --> 01:37:37.120]  But there was a case against they actually ruled against the home rule
[01:37:37.120 --> 01:37:39.120]  But anyway I was just wondering about the home rule
[01:37:39.120 --> 01:37:45.120]  Because I've had a lot of ordinance problems here in Richardson
[01:37:45.120 --> 01:37:47.120]  They actually here's what they're doing now
[01:37:47.120 --> 01:37:53.120]  If they can't beat you in court they will stick a sign in your front yard
[01:37:53.120 --> 01:37:56.120]  Claiming that you're a public nuisance
[01:37:56.120 --> 01:37:59.120]  And then they'll take you to the city council
[01:37:59.120 --> 01:38:02.120]  They'll put a sign in your front yard
[01:38:02.120 --> 01:38:04.120]  Yeah they do it close to the meter
[01:38:04.120 --> 01:38:09.120]  Evidently there's an area in the front yard where they claim it's public
[01:38:09.120 --> 01:38:14.120]  In other words if I was to put a little short fence in my front yard
[01:38:14.120 --> 01:38:21.120]  It comes way back up in the yard because they claim that so much area from the street
[01:38:21.120 --> 01:38:24.120]  To about a third of your yard is their property
[01:38:24.120 --> 01:38:27.120]  Because that's where the water meter is and everything see
[01:38:27.120 --> 01:38:28.120]  No that's baloney
[01:38:28.120 --> 01:38:30.120]  So an easement to access the meter is one thing
[01:38:30.120 --> 01:38:34.120]  To proclaim part of your property as being theirs that's something else
[01:38:34.120 --> 01:38:36.120]  Yeah well I'm not saying they claim that
[01:38:36.120 --> 01:38:41.120]  If they put a sign in your yard you should put a bigger sign in your yard
[01:38:41.120 --> 01:38:46.120]  Public nuisance, see I've been fighting Richardson for four years on this code stuff
[01:38:46.120 --> 01:38:51.120]  And they really hadn't been able to do much with us in court
[01:38:51.120 --> 01:38:55.120]  So they're trying a new tactic on us with this public nuisance crowd
[01:38:55.120 --> 01:38:59.120]  Well if they call you a public nuisance that's slander
[01:38:59.120 --> 01:39:00.120]  Well
[01:39:00.120 --> 01:39:02.120]  Slander suits a big deal
[01:39:02.120 --> 01:39:05.120]  I've had a lot of health problems there
[01:39:05.120 --> 01:39:12.120]  And years ago I wasn't able to really paint some areas of my house today
[01:39:12.120 --> 01:39:18.120]  But I mean you know these code violations are crazy
[01:39:18.120 --> 01:39:23.120]  Well so are most of these people still
[01:39:23.120 --> 01:39:26.120]  Okay I guess that's all
[01:39:26.120 --> 01:39:27.120]  All right sir thank you
[01:39:27.120 --> 01:39:30.120]  All right thanks Robert
[01:39:30.120 --> 01:39:34.120]  Okay we're going to Jim in Ohio after that the call board's open
[01:39:34.120 --> 01:39:38.120]  So folks if you'd like to call in 512-646-1984
[01:39:38.120 --> 01:39:40.120]  Thanks for calling in Jim what's on your minds?
[01:39:40.120 --> 01:39:44.120]  Happy Monday everyone
[01:39:44.120 --> 01:39:55.120]  On the 14th I appeared before the magistrate on a failure to yield on a turn in Columbus, Ohio
[01:39:55.120 --> 01:40:01.120]  And prior to that the first time I was to be arraigned
[01:40:01.120 --> 01:40:06.120]  I told them that I had questions that I needed answered and motions to make
[01:40:06.120 --> 01:40:08.120]  And that they gave me a continuance until the 14th
[01:40:08.120 --> 01:40:11.120]  And during that period of time I was trying to formulate
[01:40:11.120 --> 01:40:19.120]  Based on all of the wonderful information that is put forward by you all
[01:40:19.120 --> 01:40:26.120]  I still am not able to get the traffic package from the seminar
[01:40:26.120 --> 01:40:29.120]  Hopefully this summer sometime
[01:40:29.120 --> 01:40:35.120]  But the only thing I had was the stamper brief on common law and I filed that
[01:40:35.120 --> 01:40:46.120]  Of course that technically as I was told by the assistant city prosecutor in this case
[01:40:46.120 --> 01:40:51.120]  That the motions were to be filed after arraignment
[01:40:51.120 --> 01:41:05.120]  But I said well this brief speaks to your authority to move forward against me from the beginning
[01:41:05.120 --> 01:41:11.120]  And we just ignored it and they just asked for the plea
[01:41:11.120 --> 01:41:18.120]  And I said well I'm unable to plea because it hasn't been made clear to me
[01:41:18.120 --> 01:41:28.120]  The nature and cause of the accusation in regard to the elements of personal jurisdiction, venue and so on
[01:41:28.120 --> 01:41:34.120]  And I said well you discussed that with the magistrate and I went before the magistrate
[01:41:34.120 --> 01:41:45.120]  And he says well I see here that you have filed a petition to the court and a default
[01:41:45.120 --> 01:41:51.120]  I said yes I gave a particular amount of time for the court to raise any questions
[01:41:51.120 --> 01:42:01.120]  Or raise a rebuttal to my questions at law in regard to your authority to have given me a citation in the first place
[01:42:01.120 --> 01:42:11.120]  And I said in that amount of time that was given if I didn't hear from you I would consider that that was your answer
[01:42:11.120 --> 01:42:21.120]  And then I filed, notarized with the court a default notice
[01:42:21.120 --> 01:42:28.120]  Because they didn't have anything to say about my rebuttal of their accusation
[01:42:28.120 --> 01:42:37.120]  And of course they ignored that and just moved ahead with pushing for me to...
[01:42:37.120 --> 01:42:42.120]  Okay wait a minute, your notice in default is commercial
[01:42:42.120 --> 01:42:47.120]  You should file a tort letter with the mayor
[01:42:47.120 --> 01:42:49.120]  That's commercial
[01:42:49.120 --> 01:42:53.120]  That'll get the retention
[01:42:53.120 --> 01:42:55.120]  Okay
[01:42:55.120 --> 01:42:59.120]  So that would be one of the next steps
[01:42:59.120 --> 01:43:10.120]  That was wonderful that insertion that Gary gave this evening from Georgia that I'm going to get some good use out of that
[01:43:10.120 --> 01:43:14.120]  That I don't know how to put it into a motion that I file
[01:43:14.120 --> 01:43:16.120]  I'm waiting now for them
[01:43:16.120 --> 01:43:23.120]  By the way I did not refuse the second time to plea before the court
[01:43:23.120 --> 01:43:29.120]  And said I must be given some notice of what your authority is
[01:43:29.120 --> 01:43:37.120]  And I said to the magistrate what is your authority to bring the accusation
[01:43:37.120 --> 01:43:39.120]  Okay hold on we're about to go to break
[01:43:39.120 --> 01:43:41.120]  We'll finish up with that on the other side
[01:43:41.120 --> 01:43:43.120]  We've got a couple more callers
[01:43:43.120 --> 01:43:45.120]  And this is getting into our last segment
[01:43:45.120 --> 01:43:49.120]  So but yeah we'll finish up quickly on the other side
[01:43:49.120 --> 01:43:50.120]  But nice going
[01:43:50.120 --> 01:43:56.120]  Yes and then we have Jerry and Gary so we'll give everybody a few minutes in this final segment
[01:43:56.120 --> 01:43:58.120]  Be right back
[01:44:07.120 --> 01:44:12.120]  Aerial spray, chemtrails, the modified atmosphere
[01:44:12.120 --> 01:44:19.120]  Heavy metals and pesticides, carcinogens and chemical fibers all falling from the sky
[01:44:19.120 --> 01:44:22.120]  You have a choice to keep your body clean
[01:44:22.120 --> 01:44:27.120]  Detoxify with micro plant powder from hempusa.org
[01:44:27.120 --> 01:44:32.120]  Or call 908-691-2608
[01:44:32.120 --> 01:44:36.120]  It's odorless and tasteless and used in any liquid or food
[01:44:36.120 --> 01:44:40.120]  Protect your family now with micro plant powder
[01:44:40.120 --> 01:44:44.120]  Cleaning out heavy metals, parasites and toxins
[01:44:44.120 --> 01:44:49.120]  Order it now for daily intake and stock it now for long term storage
[01:44:49.120 --> 01:44:57.120]  Visit hempusa.org or call 908-691-2608 today
[01:45:08.120 --> 01:45:09.120]  Hello
[01:45:09.120 --> 01:45:12.120]  Oh man you're in jail
[01:45:12.120 --> 01:45:16.120]  Oh man I'm broke
[01:45:23.120 --> 01:45:26.120]  Okay we've got Jim from Ohio
[01:45:26.120 --> 01:45:29.120]  And Jim I'm going to give you a couple minutes to wind it up
[01:45:29.120 --> 01:45:32.120]  And then we've got to move on so please continue
[01:45:32.120 --> 01:45:39.120]  Okay one of the things if the municipal judge is not paying attention
[01:45:39.120 --> 01:45:41.120]  We'll see if he can't get his attention
[01:45:41.120 --> 01:45:45.120]  If he failed to prove up his jurisdiction file a judicial conduct complaint against him
[01:45:45.120 --> 01:45:48.120]  Since it's a municipal court he's almost certainly an attorney
[01:45:48.120 --> 01:45:50.120]  File a bar grievance against him
[01:45:50.120 --> 01:45:54.120]  And then file a tort letter with the mayor
[01:45:54.120 --> 01:45:57.120]  Telling him that you've been subject to injustice
[01:45:57.120 --> 01:46:02.120]  That you filed a notice in demand and they defaulted
[01:46:02.120 --> 01:46:06.120]  And you feel you're being subjected to a malicious prosecution
[01:46:06.120 --> 01:46:10.120]  And notify the city that you've been harmed
[01:46:10.120 --> 01:46:14.120]  Instruct them to make me hold or be sued
[01:46:14.120 --> 01:46:18.120]  When the mayor gets that he's going to run down to this municipal judge
[01:46:18.120 --> 01:46:21.120]  And say what is going on? Why am I getting this?
[01:46:21.120 --> 01:46:25.120]  Now you begin to get your attention
[01:46:25.120 --> 01:46:27.120]  Go ahead
[01:46:27.120 --> 01:46:30.120]  I also wanted to mention that there was no at this point anyway
[01:46:30.120 --> 01:46:36.120]  There was no formal complaint or information in the docket
[01:46:36.120 --> 01:46:40.120]  In my file, it was only my brief and the ticket
[01:46:40.120 --> 01:46:45.120]  So he forced on me, he entered the plea for me
[01:46:45.120 --> 01:46:49.120]  Well bring the issue, take it up out of his hands
[01:46:49.120 --> 01:46:52.120]  Take it to the mayor, start stirring him up
[01:46:52.120 --> 01:46:56.120]  Go up as high as you can, create as much trouble as you can
[01:46:56.120 --> 01:46:58.120]  And then stand back and watch it roll downhill
[01:46:58.120 --> 01:47:01.120]  Okay we need to move along, we've got two more callers
[01:47:01.120 --> 01:47:04.120]  And we're on our last second
[01:47:04.120 --> 01:47:06.120]  Thank you Jim
[01:47:06.120 --> 01:47:09.120]  Okay we're going to Jerry in Oregon
[01:47:09.120 --> 01:47:12.120]  Jerry thanks for calling in, what's on your mind tonight?
[01:47:12.120 --> 01:47:14.120]  I just had a quick question
[01:47:14.120 --> 01:47:22.120]  When they are operating in the ordinance level right in the municipality
[01:47:22.120 --> 01:47:26.120]  Are they administrative law judges at that point?
[01:47:26.120 --> 01:47:31.120]  Well you're dealing with corporate policy, there's nothing else they can be
[01:47:31.120 --> 01:47:36.120]  So they've got to be administrative law judges at that point, correct?
[01:47:36.120 --> 01:47:39.120]  You would have to consider that, yes
[01:47:39.120 --> 01:47:42.120]  Well actually, you're in Oregon
[01:47:42.120 --> 01:47:43.120]  I'm sorry go ahead Jerry
[01:47:43.120 --> 01:47:44.120]  Correct
[01:47:44.120 --> 01:47:46.120]  You're in Oregon, they may be defined differently
[01:47:46.120 --> 01:47:51.120]  We have municipal judges defined in Texas law
[01:47:51.120 --> 01:47:55.120]  Do you have municipal judges defined in Oregon law?
[01:47:55.120 --> 01:48:05.120]  Yes, I guess what I'm suggesting is if they're operating in the capacity as an administrative law judge
[01:48:05.120 --> 01:48:12.120]  Then that allows them to circumvent the criminal procedures process
[01:48:12.120 --> 01:48:15.120]  And the civil procedures process
[01:48:15.120 --> 01:48:22.120]  And whatever they adjudicate gets adjudicated according to the rules and regulations
[01:48:22.120 --> 01:48:26.120]  Set down in the Administrative Procedures Act
[01:48:26.120 --> 01:48:39.120]  Okay well in the definition or in their designation in Oregon law
[01:48:39.120 --> 01:48:43.120]  What is their authority designated as?
[01:48:43.120 --> 01:48:46.120]  Both a magistrate, a judge
[01:48:46.120 --> 01:48:54.120]  But I guess what I'm suggesting is maybe they wouldn't be operating in the capacity as an administrative law judge
[01:48:54.120 --> 01:48:56.120]  Yeah but you can't just make that up
[01:48:56.120 --> 01:49:01.120]  You can't just say that well we're going to decide that they're administrative law judges
[01:49:01.120 --> 01:49:09.120]  What jurisdiction and authority does the statute or constitution give them?
[01:49:09.120 --> 01:49:12.120]  If they're in the constitution they're probably not
[01:49:12.120 --> 01:49:15.120]  What authority does the statute give them?
[01:49:15.120 --> 01:49:17.120]  That's where you're going to have to go
[01:49:17.120 --> 01:49:22.120]  Okay all right that was my question I'll let you move on thanks
[01:49:22.120 --> 01:49:25.120]  All right thanks Jerry
[01:49:25.120 --> 01:49:33.120]  And I didn't mean to be short but we can't just say well it looks like they're doing this therefore they're doing that
[01:49:33.120 --> 01:49:36.120]  That's specious logic
[01:49:36.120 --> 01:49:41.120]  It may sound logical and reasonable but if our premises are not valid
[01:49:41.120 --> 01:49:48.120]  And our conclusions are not valid and in this case if these judges
[01:49:48.120 --> 01:49:53.120]  I say this because I've had a lot of this
[01:49:53.120 --> 01:49:58.120]  People raising issues especially the biggest one is maritime
[01:49:58.120 --> 01:50:05.120]  They implied that we were probably in maritime because they were doing these certain things
[01:50:05.120 --> 01:50:11.120]  Therefore we are in maritime and then they went ahead and acted as if that conclusion were accurate
[01:50:11.120 --> 01:50:15.120]  It wasn't so they were off in down a rabbit hole
[01:50:15.120 --> 01:50:19.120]  Okay we're going to go to Gary in Texas
[01:50:19.120 --> 01:50:20.120]  Hello
[01:50:20.120 --> 01:50:22.120]  Hey Gary thanks for calling in what's on your mind tonight?
[01:50:22.120 --> 01:50:25.120]  Yeah I'll do it real quickly I need to flash y'all I listen to y'all a lot
[01:50:25.120 --> 01:50:28.120]  But I'm at work and so I don't catch it all
[01:50:28.120 --> 01:50:36.120]  Can you guys tell me where I can find or if I'm correct in thinking that in Texas that a if you're arrested
[01:50:36.120 --> 01:50:41.120]  That you're supposed to go to a magistrate where would I find anything on that?
[01:50:41.120 --> 01:50:44.120]  It depends on what you're arrested for
[01:50:44.120 --> 01:50:50.120]  If you're arrested for a traffic offense it's under set chapter 543 transportation code
[01:50:50.120 --> 01:50:56.120]  If you're arrested for any other type of misdemeanor offense it's 1406 code of criminal procedure
[01:50:56.120 --> 01:51:00.120]  Or if you're arrested under a warrant then it's 1516
[01:51:00.120 --> 01:51:06.120]  But yeah you're supposed to go to a magistrate period
[01:51:06.120 --> 01:51:09.120]  Doesn't matter which one it's under
[01:51:09.120 --> 01:51:15.120]  The statute requires the arresting officer to take you without unnecessary delay before the nearest magistrate
[01:51:15.120 --> 01:51:18.120]  And that's before you go to jail you're supposed to go to a magistrate
[01:51:18.120 --> 01:51:22.120]  Absolutely to have a determination of probable cause
[01:51:22.120 --> 01:51:28.120]  Otherwise you are punished not only before you've been convicted of a crime
[01:51:28.120 --> 01:51:31.120]  But you're being punished before you've ever even been charged with a crime
[01:51:31.120 --> 01:51:34.120]  Or have a chance to post bail or anything
[01:51:34.120 --> 01:51:36.120]  We fought a revolutionary war over this people
[01:51:36.120 --> 01:51:42.120]  The barons brought King John down to the River Thames and nearly beheaded him in 1215
[01:51:42.120 --> 01:51:44.120]  The year they signed the Magna Carta over this
[01:51:44.120 --> 01:51:50.120]  Exact issue they can't just throw you in jail before you have a determination of probable cause
[01:51:50.120 --> 01:51:53.120]  But they do but that's not what the law says
[01:51:53.120 --> 01:51:56.120]  Okay so and then traffic is which code?
[01:51:56.120 --> 01:51:58.120]  543
[01:51:58.120 --> 01:52:02.120]  Look in 543.005.6 and 7
[01:52:02.120 --> 01:52:06.120]  See what's supposed to happen when you're arrested is that you're brought to the magistrate
[01:52:06.120 --> 01:52:09.120]  And the cop tells his side of the story and you tell your side of the story
[01:52:09.120 --> 01:52:11.120]  Even if there's a warrant whatever
[01:52:11.120 --> 01:52:18.120]  And if it looks to the magistrate like there's not sufficient probable cause for a prosecution
[01:52:18.120 --> 01:52:22.120]  If it looks like the cop is just making up a BS story or whatever
[01:52:22.120 --> 01:52:24.120]  Then you get to go
[01:52:24.120 --> 01:52:27.120]  You get to go home or bye bye or wherever you want to go
[01:52:27.120 --> 01:52:34.120]  And no red suit, no orange suit, no fingerprint, no mugshot, no drawing bodily fluids or whatever
[01:52:34.120 --> 01:52:39.120]  And having to wait until the next day to get out and all the cold floors and the lights and the darkness
[01:52:39.120 --> 01:52:41.120]  And the screaming or whatever else
[01:52:41.120 --> 01:52:45.120]  No okay but if it looks to the magistrate like you do
[01:52:45.120 --> 01:52:47.120]  Like there is probable cause
[01:52:47.120 --> 01:52:50.120]  Well then that's where the judge sets the bail
[01:52:50.120 --> 01:52:54.120]  And so if you have the money in your pocket to bail out
[01:52:54.120 --> 01:52:58.120]  Then you bail out and you still get to go bye bye
[01:52:58.120 --> 01:53:01.120]  Okay instead of having to get booked in the orange suit and all the humiliation
[01:53:01.120 --> 01:53:07.120]  And then later get bailed out and then wait another four hours to still get let out
[01:53:07.120 --> 01:53:12.120]  And only if there's probable cause and you can't post bail at that point in time
[01:53:12.120 --> 01:53:15.120]  Then you have to go in
[01:53:15.120 --> 01:53:19.120]  Okay but the way they do it now is they just arrest you and book you, cuff you, stuff you
[01:53:19.120 --> 01:53:23.120]  First they take you to a foot bottom is before they take you to a magistrate
[01:53:23.120 --> 01:53:28.120]  I'm just curious on that, give me the criminal code again on, I've got the traffic code
[01:53:28.120 --> 01:53:33.120]  Okay if you are arrested without a warrant it's 14.06
[01:53:33.120 --> 01:53:36.120]  14.06 is the code of criminal procedure?
[01:53:36.120 --> 01:53:42.120]  Yes, if you're arrested with a warrant it's 1516 isn't it Daddy?
[01:53:42.120 --> 01:53:46.120]  Well yeah 16 deals with that and 17 deals with the process
[01:53:46.120 --> 01:53:47.120]  After work
[01:53:47.120 --> 01:53:53.120]  But 16 says essentially the same thing as 14.06
[01:53:53.120 --> 01:53:56.120]  You've got chapter 14 is arrest without a warrant
[01:53:56.120 --> 01:53:58.120]  Chapter 15 is arrest with a warrant
[01:53:58.120 --> 01:54:02.120]  And both of them require them to take you directly to the nearest magistrate
[01:54:02.120 --> 01:54:06.120]  Unbelievable, actually when we think about that, that is unbelievable
[01:54:06.120 --> 01:54:09.120]  Probably that's why we have, what is it, in the United States
[01:54:09.120 --> 01:54:12.120]  We have more people in prison than any other country
[01:54:12.120 --> 01:54:17.120]  The United States contains approximately 3% of the world's population
[01:54:17.120 --> 01:54:22.120]  We house approximately 50% of the world's population of inmates
[01:54:22.120 --> 01:54:27.120]  Yeah but that doesn't mean that most of those are people who just got arrested
[01:54:27.120 --> 01:54:30.120]  And are waiting to get bailed out, I mean those are convicted
[01:54:30.120 --> 01:54:33.120]  Well no but those are people convicted of this offense
[01:54:33.120 --> 01:54:38.120]  Like what we're talking about, no harm, no foul kind of deal but they're in jail anyway
[01:54:38.120 --> 01:54:39.120]  Yep
[01:54:39.120 --> 01:54:42.120]  You've all been very helpful and I appreciate your help
[01:54:42.120 --> 01:54:45.120]  And I'm going to read up on that because I knew, I heard you all say that
[01:54:45.120 --> 01:54:47.120]  But I just didn't, I couldn't catch the statute
[01:54:47.120 --> 01:54:50.120]  Well there's one other thing you need to pay close attention to
[01:54:50.120 --> 01:54:54.120]  If it's a misdemeanor offense or if it's a traffic citation especially
[01:54:54.120 --> 01:55:03.120]  Pay close attention to 1517G as in George and 1517B as in Bravo
[01:55:03.120 --> 01:55:06.120]  G and George okay and Bravo okay?
[01:55:06.120 --> 01:55:13.120]  Yes it was not intended that a policeman have the power to arrest and imprison
[01:55:13.120 --> 01:55:19.120]  They gave the policeman the power to arrest without a warrant in certain circumstances
[01:55:19.120 --> 01:55:25.120]  But it was intended that he take you directly to the nearest magistrate and explain himself
[01:55:25.120 --> 01:55:29.120]  The judiciary branch has the keys to the jail not the executive branch
[01:55:29.120 --> 01:55:32.120]  Yes and it's not because they didn't trust the police
[01:55:32.120 --> 01:55:36.120]  No I know it is, yes it is, it absolutely is
[01:55:36.120 --> 01:55:40.120]  They wanted the people not to be afraid of the police
[01:55:40.120 --> 01:55:45.120]  No they want justice, they want, they want, they don't want a dictatorship
[01:55:45.120 --> 01:55:52.120]  They don't want a total absolute you know rule with an iron fist dictatorship
[01:55:52.120 --> 01:55:58.120]  That's why there's a separate branch of government called the judicial branch that makes these determinations
[01:55:58.120 --> 01:56:02.120]  You're both right Debra, you and Randy are both right
[01:56:02.120 --> 01:56:06.120]  You know they don't want you being scared to death of a cop
[01:56:06.120 --> 01:56:10.120]  Just every time you get pulled over you're scared to death you don't know what you're going to get
[01:56:10.120 --> 01:56:13.120]  And you also don't want a dictatorship so
[01:56:13.120 --> 01:56:17.120]  If you're afraid of the police the police are going to be afraid of you
[01:56:17.120 --> 01:56:22.120]  And that's my experience the police are far more afraid of me than I am of them
[01:56:22.120 --> 01:56:25.120]  And this was intended to keep that from happening
[01:56:25.120 --> 01:56:32.120]  If the policeman knows that on every arrest he has to take you directly to a magistrate and explain himself
[01:56:32.120 --> 01:56:35.120]  It will temper his passions
[01:56:35.120 --> 01:56:41.120]  I bet it would, now not many people are prepared to bring that up on a traffic stop
[01:56:41.120 --> 01:56:49.120]  But you know I would think that if you were stopped and taken to a fleet bottomist prior to going to a magistrate
[01:56:49.120 --> 01:56:54.120]  Then that would have to be an illegal stop because you're not you know under the fifth amendment
[01:56:54.120 --> 01:57:00.120]  I believe it's the fifth amendment that you're not required to be a witness against yourself
[01:57:00.120 --> 01:57:06.120]  Yeah but there are procedures the whole chapter on examining trials chapter 16 and they don't do any of that
[01:57:06.120 --> 01:57:16.120]  And they can't involuntarily without your consent take any genetic DNA evidence any kind of bodily fluids
[01:57:16.120 --> 01:57:21.120]  I'll tell you what if they just pulled me over and just took me to a phlebotomist
[01:57:21.120 --> 01:57:25.120]  Or tried to stick a needle in me on the side of the road ain't going to happen buddy
[01:57:25.120 --> 01:57:30.120]  I would not submit to it they would have to forcefully physically chain me down
[01:57:30.120 --> 01:57:34.120]  And stick a needle in me to get my body fluids all of this would have
[01:57:34.120 --> 01:57:40.120]  If all this happened before I ever saw a magistrate they would get criminal charges and lawsuits up there
[01:57:40.120 --> 01:57:47.120]  You know what so bad that they would be paying me millions of dollars to make me go away
[01:57:47.120 --> 01:57:52.120]  We cannot we cannot be accepting in these kinds of things in our society these days
[01:57:52.120 --> 01:58:01.120]  Now where can I find info on specifically what you've talked about Deborah about there's statutes on taking of DNA
[01:58:01.120 --> 01:58:03.120]  Randy tell them the statute number
[01:58:03.120 --> 01:58:07.120]  411 government code
[01:58:07.120 --> 01:58:09.120]  Thank you
[01:58:09.120 --> 01:58:11.120]  Is that 411?
[01:58:11.120 --> 01:58:12.120]  Yes
[01:58:12.120 --> 01:58:13.120]  Thank you
[01:58:13.120 --> 01:58:17.120]  411 411
[01:58:17.120 --> 01:58:21.120]  Yeah it's totally illegal they have to get court orders
[01:58:21.120 --> 01:58:22.120]  Thank you
[01:58:22.120 --> 01:58:24.120]  Alright thanks Gary
[01:58:24.120 --> 01:58:27.120]  Alright we'll be back on Thursday night
[01:58:27.120 --> 01:58:29.120]  This is the rule of law tomorrow night
[01:58:29.120 --> 01:58:34.120]  We've got INA world reports and agenda 21 talk
[01:58:34.120 --> 01:58:42.120]  And of course Wednesday night we've got Richard Reeves outside the box politics and Radio Free Oklahoma
[01:58:42.120 --> 01:58:44.120]  We'll see you all in a couple of days
[01:59:13.120 --> 01:59:16.120]  If you are a Chucky
[01:59:16.120 --> 01:59:20.120]  No matter Chucky from me
[01:59:20.120 --> 01:59:22.120]  If you are a Chucky
[01:59:22.120 --> 01:59:23.120]  Chucky
[01:59:23.120 --> 01:59:28.120]  No matter Chucky from me
[01:59:28.120 --> 01:59:30.120]  I'm like a stepping razor
[01:59:30.120 --> 01:59:32.120]  Watch my side
[01:59:32.120 --> 01:59:34.120]  I'm dangerous
[01:59:34.120 --> 01:59:36.120]  I'm dangerous
[01:59:36.120 --> 01:59:38.120]  I'm like a stepping razor
[01:59:38.120 --> 01:59:40.120]  Watch my side
[01:59:40.120 --> 01:59:42.120]  I'm dangerous
[01:59:42.120 --> 01:59:43.120]  I'm dangerous
[01:59:43.120 --> 01:59:47.120]  I'm like a stepping razor
[01:59:47.120 --> 01:59:50.120]  It's a dream, it's a dream
[01:59:50.120 --> 01:59:53.120]  It's a dream, it's a dream
[01:59:53.120 --> 01:59:56.120]  You better keep it cool