ROL_2010-10-25_16k.timecode

[00:00.000 --> 00:09.800]  Up to 25 people were killed Monday in a NATO airstrike in southern Afghanistan.
[00:09.800 --> 00:14.920]  The head of Hellman's provincial council, Fazal Bari, said the dead were inside a mosque.
[00:14.920 --> 00:20.480]  Eyewitness Salah Ayyap said, people are very angry, adding there was a fierce gunfight
[00:20.480 --> 00:22.480]  before the airstrike.
[00:22.480 --> 00:26.200]  Villagers were digging the dead out from the rubble and washing them for burial.
[00:26.200 --> 00:31.800]  He said some civilians were wounded and a 10-year-old child was killed.
[00:31.800 --> 00:37.640]  Richard Holbrook, U.S. special envoy to Pakistan and Afghanistan, is downplaying news reports
[00:37.640 --> 00:40.360]  of U.S. peace talks with Taliban leaders.
[00:40.360 --> 00:46.600]  Holbrook said Sunday on CNN, quote, a pure military victory in Afghanistan is not possible.
[00:46.600 --> 00:54.000]  Holbrook added both Pakistani and Taliban leaders need to be engaged on a political level.
[00:54.000 --> 00:58.640]  Thirteen people were killed Sunday when an armed gang stormed a drug rehab center in
[00:58.640 --> 01:00.400]  Tijuana, Mexico.
[01:00.400 --> 01:06.400]  Mexico and California are considering legalizing marijuana as a way to undermine cartel profits
[01:06.400 --> 01:08.400]  and reduce drug violence.
[01:08.400 --> 01:13.880]  More than 28,000 people have been killed in Mexico in drug-related violence since President
[01:13.880 --> 01:21.160]  Felipe Calderon took office in 2006 and declared war on drug cartels.
[01:21.160 --> 01:27.200]  The WikiLeaks release of 400,000 secret Iraq war documents Saturday shows the U.S. turned
[01:27.200 --> 01:32.480]  a blind eye to widespread torture of prisoners by Iraqi security forces.
[01:32.480 --> 01:38.680]  The leaked war logs documented numerous instances in which Iraqi security forces beat, burned,
[01:38.680 --> 01:44.200]  electrocuted, raped, and sawed off fingers of detainees, while the U.S. military launched
[01:44.200 --> 01:45.920]  no investigations.
[01:45.920 --> 01:52.640]  An order issued in June 2004 commanded coalition forces not to investigate abuse by Iraqis
[01:52.640 --> 01:59.120]  on Iraqis, stating, quote, no further investigation will be required unless directed by headquarters.
[01:59.120 --> 02:04.400]  The U.S. military was not only aware the torture was taking place but used it as a threat during
[02:04.400 --> 02:12.280]  interrogations and handed detainees over to Iraqis if they refused to divulge information.
[02:12.280 --> 02:17.320]  Iranian President Hamid Karzai admitted Monday his office has accepted bags of money from
[02:17.320 --> 02:18.960]  the Iranian government.
[02:18.960 --> 02:25.760]  Karzai said his office has taken Iranian payments of up to $975,000 once or twice a year to
[02:25.760 --> 02:28.160]  cover presidential expenses.
[02:28.160 --> 02:33.760]  Iran's efforts to buy influence in Afghanistan have extended beyond Karzai's palace.
[02:33.760 --> 02:38.300]  Members of parliament say other politicians are taking Iranian money, and recent media
[02:38.300 --> 02:43.240]  reports have claimed Iranians are paying the Taliban to kill U.S. soldiers.
[02:43.240 --> 02:49.360]  Karzai poo-pooed the disclosure, saying, quote, this is something I have discussed with President
[02:49.360 --> 02:50.360]  Bush.
[02:50.360 --> 02:51.360]  This is nothing hidden.
[02:51.360 --> 03:10.480]  The U.S. is doing the same thing.
[03:21.360 --> 03:44.720]  The U.S. is doing the same thing.
[03:44.720 --> 03:49.720]  The U.S. is doing the same thing.
[03:49.720 --> 03:54.720]  The U.S. is doing the same thing.
[03:54.720 --> 04:01.720]  The U.S. is doing the same thing.
[04:01.720 --> 04:18.720]  Alright folks, good evening. This is Eddie Craig, Rule of Law Radio with Debra Stevens.
[04:18.720 --> 04:22.600]  Finally back on the internet where I can come in a little clearer than I can over the cell
[04:22.600 --> 04:27.520]  phone. I appreciate your patience. Wait on me to get into a location where I can actually
[04:27.520 --> 04:32.480]  do this. For those of you listening out there, I have made it to the Austin area as of yesterday
[04:32.480 --> 04:39.000]  so I will be in and around Austin for the next several weeks and hopefully it will pan
[04:39.000 --> 04:41.920]  out for us when we get that opportunity to meet with the legislature that we can get
[04:41.920 --> 04:48.120]  some changes made in this state for the better, especially for the people to make it better.
[04:48.120 --> 04:51.800]  What I'd like to do tonight before we get into taking phone calls is I have made some
[04:51.800 --> 04:57.800]  changes to the petition to show authority dealing with the prosecutor when the prosecutor
[04:57.800 --> 05:02.760]  is the city attorney. I've done some more research and I've added some more information
[05:02.760 --> 05:08.040]  to this. One of the specific allegations we're going to be making inside of this document
[05:08.040 --> 05:16.440]  now when we file it is that the city attorney is acting absent of valid oath of office,
[05:16.440 --> 05:24.000]  which that part was already in there, but by that lack of oath of office, we're also
[05:24.000 --> 05:29.560]  going to accuse him of practicing law without a license. We're going to demand that the
[05:29.560 --> 05:39.080]  city attorney produce the actual original copy of the license allegedly issued by the
[05:39.080 --> 05:45.280]  Texas Supreme Court. We're going to really turn on my apoplectic with this because I
[05:45.280 --> 05:48.280]  don't think any of them have one.
[05:48.280 --> 05:53.120]  So that's going to become a real problem real fast for them when we start challenging the
[05:53.120 --> 05:59.600]  ability of the prosecutor. But in this, we are charging him of practicing law without
[05:59.600 --> 06:09.060]  a license. We are charging him with 38.122 also of the penal code, which is falsely holding
[06:09.060 --> 06:16.520]  oneself out to be a lawyer because the statute is very specific. If you tell somebody that
[06:16.520 --> 06:24.400]  you're a lawyer or an attorney and you are not currently licensed in this state or some
[06:24.400 --> 06:33.280]  other state or some foreign country and are also in good standing with the Texas State
[06:33.280 --> 06:41.040]  Bar and the Bar Association of your licensing country, you are committing this criminal
[06:41.040 --> 06:46.120]  act, which is a third degree felony.
[06:46.120 --> 06:50.720]  So not only are we going after them at this point for impersonating a public servant,
[06:50.720 --> 06:55.940]  which is a class A misdemeanor, we're going after these folks for a third degree felony
[06:55.940 --> 07:03.440]  of holding themselves out falsely to be a lawyer. I spent the afternoon trying to update
[07:03.440 --> 07:06.640]  this a little bit with the information I've had. I've got to get this back to one of the
[07:06.640 --> 07:11.640]  people that I'm helping her and her husband find a traffic ticket when they're illegally
[07:11.640 --> 07:14.480]  stopped by the police in their town.
[07:14.480 --> 07:21.120]  But we will get this out in the updates package for the documents and get all that handled
[07:21.120 --> 07:27.600]  so that everybody will have an updated copy of this. Now, I'm also working on the motion.
[07:27.600 --> 07:32.920]  I'm still waiting on feedback from both Randy Rayler and Randy Kelton regarding the motion
[07:32.920 --> 07:38.400]  of Randy Rayler's that I took and beefed up a little bit dealing with the initial process
[07:38.400 --> 07:42.080]  of being summoned to court.
[07:42.080 --> 07:48.800]  Randy did a very good job of putting a base motion together. He had all the good stuff
[07:48.800 --> 07:54.200]  in there that you would want to have to make a point. What I did was I went back and took
[07:54.200 --> 08:00.880]  some of those same sections and additional parts of those same sections, and not only
[08:00.880 --> 08:07.040]  will it make a point, but it now contains teeth. So we're not only going to try to show
[08:07.040 --> 08:12.920]  why you shouldn't be bothering me, but now that you are bothering me, I'm going to see
[08:12.920 --> 08:19.100]  that somebody has made the answer for that. So we're going to be putting that to good
[08:19.100 --> 08:24.120]  use very, very soon in a couple of Randy's cases down here in Austin for his traffic
[08:24.120 --> 08:25.120]  stuff.
[08:25.120 --> 08:29.840]  Now, if this thing works out the way that it should, if they're going to follow the
[08:29.840 --> 08:40.960]  law, that motion in and of itself should be able to quash any outstanding or issued warrants
[08:40.960 --> 08:48.000]  based solely on failure to appear from the signed citation. And the way that's going
[08:48.000 --> 08:53.760]  to work is, is the first thing is, is you need to be aware of what a citation is. And
[08:53.760 --> 08:58.500]  if you go look that up in Black's Law and Bouvier's, you will find very quickly that
[08:58.500 --> 09:05.240]  Black's Law Second and Bouvier's 1856 very clearly show that a citation is an order issued
[09:05.240 --> 09:13.040]  from a court of competent jurisdiction. It demands that the person named in the summons
[09:13.040 --> 09:19.180]  make an appearance at a specific time in a specific place to perform some specific act
[09:19.180 --> 09:28.040]  or to show good cause why he should not. Okay? Black's Law Sixth Edition now has added that
[09:28.040 --> 09:34.480]  a citation is issued by police officers for the purpose of getting the person to appear
[09:34.480 --> 09:40.960]  in court without actually having to physically take them into custody and before a magistrate.
[09:40.960 --> 09:48.880]  So what this means is, the legislature in their constitutional ineptitude have tried
[09:48.880 --> 09:56.360]  to take a judicial power and authority and assign it to an executive branch officer.
[09:56.360 --> 10:05.880]  They have tried to give law enforcement personnel the ability to issue a summons or citation
[10:05.880 --> 10:11.800]  in lieu of a court of competent jurisdiction. And the Code of Criminal Procedure is very,
[10:11.800 --> 10:18.760]  very clear on what that summons must be and who must issue it. It is called a capious
[10:18.760 --> 10:25.000]  warrant and a capious summons. And when you look those up in the Code of Criminal Procedure,
[10:25.000 --> 10:31.600]  it is very clear. It says that that can only be issued by a court of competent jurisdiction,
[10:31.600 --> 10:38.780]  one having jurisdiction of the offense. It can only be issued at the request of the attorney
[10:38.780 --> 10:47.000]  for the state. The court cannot issue it of its own accord. It must be requested by the
[10:47.000 --> 10:56.160]  attorney for the state. You find me a single municipal court or justice court magistrate
[10:56.160 --> 11:04.000]  that gets a request in writing from the prosecuting attorney before they issue a failure to appear
[11:04.000 --> 11:11.460]  warrant. I will almost bet you every dime I've got, it will not be found in the state
[11:11.460 --> 11:18.180]  of Texas. These judges think they can issue these things willy-nilly of their own accord
[11:18.180 --> 11:22.960]  and nobody has to be the wiser and nobody has to worry about the law. The judge wants
[11:22.960 --> 11:28.160]  it done, just do it. Now, considering that these things are also
[11:28.160 --> 11:36.360]  issued before an actual complaint has ever been filed, this judge has stepped off in
[11:36.360 --> 11:43.320]  a whole world of hurt. First, you have never been properly served to appear in court. The
[11:43.320 --> 11:49.680]  citation cannot be a proper summons for some of the reasons I just told you. It also cannot
[11:49.680 --> 11:56.840]  be a valid complaint because it is not sworn under oath as Chapter 45.019 Code of Criminal
[11:56.840 --> 12:06.920]  Procedure and 45.108 or 018 Code of Criminal Procedure requires it to be. So it is not
[12:06.920 --> 12:14.640]  sworn to. It is not requested by the prosecuting attorney. Now, here's the real kicker. There
[12:14.640 --> 12:21.360]  are a couple of different cases in Texas that have made it very, very clear that the capious
[12:21.360 --> 12:30.520]  warrant cannot be issued by the magistrate of the court presiding over the case before
[12:30.520 --> 12:38.360]  a finding of probable cause is found by a separate disinterested magistrate.
[12:38.360 --> 12:45.400]  Now, the reason for that should be obvious to most. It's so that the judge you have to
[12:45.400 --> 12:52.680]  appear before in court can't use the biasness of the probable cause determination to already
[12:52.680 --> 12:57.640]  find you guilty before you ever appear in this court for a trial on the merits or even
[12:57.640 --> 13:04.120]  for the so-called arraignment they have to give you. So there's a built-in protection
[13:04.120 --> 13:11.840]  there that the courts completely ignore, and that is written into that new motion as well.
[13:11.840 --> 13:17.640]  So as soon as I get feedback from Randy Kelton on that, that he believes everything in it
[13:17.640 --> 13:22.800]  will do exactly what we need it to do, we're going to start trying to use that motion in
[13:22.800 --> 13:30.520]  each new filing, and we're going to use it to try to quash outstanding warrants. And
[13:30.520 --> 13:35.800]  that would hopefully go a long way to alleviating some of this. Now, a lot of these legal documents
[13:35.800 --> 13:42.120]  I'm preparing, I will be putting into the material that I am taking before the legislature
[13:42.120 --> 13:46.200]  sometime before the end of this year or the very first part of next year, whenever we
[13:46.200 --> 13:51.560]  manage to get them to give us this meeting. But we're going to go through this piece by
[13:51.560 --> 13:58.120]  piece with all the legal arguments and documentation and show the legislature just where they have
[13:58.120 --> 14:06.840]  intentionally engineered denial of due process in Class C misdemeanor offenses. They have,
[14:06.840 --> 14:15.680]  in fact, engineered it into virtually every misdemeanor offense, but it is most prominent
[14:15.680 --> 14:24.760]  in the Class Cs. So this motion covers all that. It leaves no stone unturned. I'm sure
[14:24.760 --> 14:31.840]  there are ways to make it stronger, better, faster, and it not cost $6 million. But if
[14:31.840 --> 14:38.080]  we can get this done and get it built where they cannot ignore its content, where you're
[14:38.080 --> 14:42.040]  going to see one of two things happen. They're going to try to rewrite the entire Code of
[14:42.040 --> 14:48.680]  Criminal Procedure to take away all of the due process, or they're going to have to correct
[14:48.680 --> 14:57.240]  it so that everyone gets the same due process, and that it must comply with the Texas Constitution,
[14:57.240 --> 15:04.900]  which there are many provisions of that Code of Criminal Procedure that specifically violate
[15:04.900 --> 15:14.480]  the Texas Constitution. Perfect example, Article 26.04, appointment of counsel. Read that section
[15:14.480 --> 15:22.440]  in its entirety very carefully. You will see that the legislature has intentionally engineered
[15:22.440 --> 15:29.200]  Class C misdemeanor offenses to be completely denied assistance of counsel. They're charging
[15:29.200 --> 15:35.180]  you with a crime. They're treating you as if it's a crime, but they have legislatively
[15:35.180 --> 15:42.960]  denied you in the criteria of that section the right to assistance of counsel. There
[15:42.960 --> 15:50.240]  is no escaping it because it spells out very clearly who the only people are that the courts
[15:50.240 --> 15:58.600]  may appoint counsel for, and they specifically spell out which magistrates may appoint counsel,
[15:58.600 --> 16:05.960]  and justice of the peace and corporation magistrate are not in the list of judges that can appoint
[16:05.960 --> 16:14.840]  counsel. So this was an intentional act by the legislature to increase revenue by denying
[16:14.840 --> 16:22.120]  a constitutionally protected right. It's right there in black and white. So, folks, go take
[16:22.120 --> 16:30.600]  a look at it. It will absolutely anger you at what they did with that code section. There's
[16:30.600 --> 16:37.760]  no question. Okay. Our break is coming up. This is Eddie Craig, Debra Stevens, Rule of
[16:37.760 --> 16:42.440]  Law Radio. When we get back on the other side, we'll start taking some phone calls. Y'all
[16:42.440 --> 16:45.560]  just hang in there, and we'll catch you on the other side of the break. We'll be right
[16:45.560 --> 17:02.240]  back.
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[19:07.000 --> 19:21.160]  All right, folks. We are back. While we're waiting on folks to come on to the telephone
[19:21.160 --> 19:26.320]  lines here, I'm going to go ahead and I'm going to start going through 26.04 Code of Criminal
[19:26.320 --> 19:32.560]  Procedure. I want you to see exactly what we're talking about here. Article 26.04, Procedures
[19:32.560 --> 19:39.120]  for Appointing Counsel, Subsection A. The judges of the county courts, statutory county
[19:39.120 --> 19:45.980]  courts, and district courts trying a criminal case in each county by local rule shall adopt
[19:45.980 --> 19:50.880]  and publish written county-wide procedures for timely and fairly appointing counsel for
[19:50.880 --> 19:56.800]  an indigent defendant in the county arrested for or charged with a misdemeanor punishable
[19:56.800 --> 20:04.160]  by confinement or a felony. There's your first indication that Class C fine-only offenses
[20:04.160 --> 20:12.000]  are being denied assistance of counsel. It has limited to confinement or felony charges.
[20:12.000 --> 20:23.400]  The procedures must be consistent with this article and articles 1.051, 15.17, 26.05,
[20:23.400 --> 20:31.400]  and 26.052. A court shall appoint an attorney from a public appointment list using a system
[20:31.400 --> 20:38.720]  of rotation unless the court appoints an attorney under Subsection F, H, or I. The court shall
[20:38.720 --> 20:43.560]  appoint attorneys from among the next five names on the appointment list in the order
[20:43.560 --> 20:48.360]  in which the attorney's name appears on the list, unless the court makes a finding of
[20:48.360 --> 20:53.560]  good cause on the record for appointing an attorney out of order. An attorney who is
[20:53.560 --> 20:58.720]  not appointed in the order in which the attorney's name appears on the list shall remain next
[20:58.720 --> 21:03.880]  in order on the list. Now, let's back up for a second to these previously mentioned articles
[21:03.880 --> 21:13.480]  up here, article 1.051. This is under the rights of the accused, okay? Rights of the
[21:13.480 --> 21:23.900]  accused is 1.05, article 1.051. Now, let's look at 1.05, rights of accused. Specifically
[21:23.900 --> 21:32.560]  says exactly the same thing the Constitution in Texas says. In all criminal prosecutions,
[21:32.560 --> 21:39.240]  the accused shall have a speedy public trial by an impartial jury. He shall have the right
[21:39.240 --> 21:45.480]  to demand the nature and cause of the accusation against him and to have a copy thereof. He
[21:45.480 --> 21:52.440]  shall not be compelled to give evidence against himself. He shall have the right, the right,
[21:52.440 --> 22:00.960]  not the privilege, the right of being heard by himself or counsel or both, shall be confronted
[22:00.960 --> 22:06.440]  with the witnesses against him and shall have compulsory process for obtaining witnesses
[22:06.440 --> 22:13.000]  in his favor. No person shall be held to answer for a felony unless on indictment of a grand
[22:13.000 --> 22:20.160]  jury. That's the rights of the accused, folks. Did you not see the right to be heard by himself
[22:20.160 --> 22:30.520]  or by counsel or by both in all criminal prosecutions? Let's look at 051 now. Right to representation
[22:30.520 --> 22:40.000]  by counsel, again, a right. Subsection A, a defendant in a criminal matter is entitled
[22:40.000 --> 22:48.640]  to, now go to Chapter 311 Government Code, look up the definition of is entitled to.
[22:48.640 --> 22:58.640]  It specifically states, and is entitled to is a term that creates or recognizes a right.
[22:58.640 --> 23:03.200]  Subsection A, criminal matter is entitled to be represented by counsel in an adversarial
[23:03.200 --> 23:09.240]  judicial proceeding. The right to be represented by counsel includes the right to consult in
[23:09.240 --> 23:14.400]  private with counsel sufficiently in advance of a proceeding to allow adequate preparation
[23:14.400 --> 23:21.400]  for the proceeding. This is exactly the issue that Rothgarry v. Gillespie County was fought
[23:21.400 --> 23:31.660]  over in 2008, was the fact that they were denying representation of counsel at arraignments
[23:31.660 --> 23:38.480]  and they were doing so at the due process hearing, or probable cause hearing, I'm sorry.
[23:38.480 --> 23:45.160]  But the Supreme Court of the United States said, you cannot do that. Any proceeding dealing
[23:45.160 --> 23:50.040]  with the liberty or rights of the accused when the power of the state is brought to
[23:50.040 --> 23:56.600]  bear is an adversarial proceeding and your own law and constitution says they have the
[23:56.600 --> 24:06.080]  right to assistance of counsel. And yet, 26.04 is written to specifically remove that right
[24:06.080 --> 24:14.160]  for anybody being charged with a fine only or non-confinement type of offense, criminal
[24:14.160 --> 24:20.960]  or otherwise. Well, I'm sorry. There's no quasi-criminal in the Texas Constitution.
[24:20.960 --> 24:26.680]  There's no quasi-criminal in the Code of Criminal Procedure. There are no quasi-criminal crimes
[24:26.680 --> 24:33.600]  in the penal code. If you're calling it a crime, then I have the rights associated with
[24:33.600 --> 24:41.440]  a criminal proceeding. End of story. And Judge, when you refuse to interpret the statute to
[24:41.440 --> 24:46.580]  protect my rights under the Constitution, you are acting without authority. And when
[24:46.580 --> 24:51.600]  you are acting without authority, you are not protected from me planting a judicial
[24:51.600 --> 25:00.920]  boot up your behind. And I fully plan to do exactly that.
[25:00.920 --> 25:06.620]  We all need to be getting in this fight, people. Now, I've talked to several people over the
[25:06.620 --> 25:12.960]  past couple of weeks. And a lot of the things I hear, and I agree it's something we should
[25:12.960 --> 25:18.040]  be able to do, but it's something we're not going to try for the obvious reasons I'm going
[25:18.040 --> 25:26.480]  to state. We cannot and will not win these cases on the merits. Why? First off, we can't
[25:26.480 --> 25:32.080]  ever get to the merits. The court never obtains proper jurisdiction because the court never
[25:32.080 --> 25:37.560]  abides by the Constitution, it never abides by the Code of Criminal Procedure, and it
[25:37.560 --> 25:44.080]  never abides by the rights of due process belonging to the accused. There's no way to
[25:44.080 --> 25:53.440]  get to the merits. The court cannot respond to any motion other than a motion to dismiss
[25:53.440 --> 26:02.360]  when the court lacks jurisdiction. Anything the court does or did is null and void. They
[26:02.360 --> 26:11.440]  cannot do anything if they lack jurisdiction, period. We cannot win on the merits because
[26:11.440 --> 26:20.120]  the case never lawfully got to the merits. We need to keep that in mind. If we cannot
[26:20.120 --> 26:27.760]  hold them to the procedure the law requires them to go by, then who is the law breaker
[26:27.760 --> 26:36.080]  here? We study the law and determine that it does not say what they insist it does,
[26:36.080 --> 26:41.280]  and then we study the law and try to tell them it says, you shall do this, and they
[26:41.280 --> 26:49.080]  insist it doesn't. How is what they're doing any different than what we have been doing
[26:49.080 --> 27:01.320]  as far as saying that's not what it says? Somehow they all grant themselves more credence
[27:01.320 --> 27:09.240]  in what they proclaimed and what we proclaimed, and yet we can prove most attorneys couldn't
[27:09.240 --> 27:17.720]  find their butt with both hands and a forest ranger guide. They just couldn't. I've talked
[27:17.720 --> 27:23.260]  to too many. I've pointed out too many things, and they will find any point in any word they
[27:23.260 --> 27:31.440]  can to argue, but they will not address the straight merits of my point. When I was working
[27:31.440 --> 27:37.520]  as a computer consultant in Washington, D.C., I had the opportunity to have a meeting with
[27:37.520 --> 27:45.640]  the lead counsel for the Ways and Means Committee on Capitol Hill, and I mean I had every attorney's
[27:45.640 --> 27:51.600]  head in that office spinning around and staring in the door where we were because I was standing
[27:51.600 --> 27:57.360]  there going toe-to-toe with this guy telling him what a moron he was. He would read a portion
[27:57.360 --> 28:03.520]  of the statute on income taxes to me, and he would skip certain words as he came to
[28:03.520 --> 28:09.320]  them, and I'd go back, whoa, whoa, whoa, wait. You jumped over that word right there. Go
[28:09.320 --> 28:13.360]  back and read it with that word right there in it and tell me it does not alter the meaning
[28:13.360 --> 28:18.720]  of what you just tried to say it means. Oh, well, that was just a mistake. Let me try
[28:18.720 --> 28:23.280]  it again, and he'd go back and try to read it five different ways, five different times
[28:23.280 --> 28:29.840]  instead of the way it was written. That is an attorney, folks. That is a lawyer. That
[28:29.840 --> 28:40.440]  is a liar. They're all three synonymous. The problem is they're not just liars. They're
[28:40.440 --> 28:47.400]  moronic liars because they think everybody is stupid enough to buy their life.
[28:47.400 --> 28:52.960]  Some of us aren't, not anymore. We may have been at one time, but we no longer place faith
[28:52.960 --> 28:59.340]  in a system that we see tarnished beyond repair. Hopefully, you folks out there that listen
[28:59.340 --> 29:05.280]  to this program and all the people on this network have got your eyes wide open and are
[29:05.280 --> 29:12.480]  recruiting many, many more folks that will spend time trying to get their eyes uncovered
[29:12.480 --> 29:19.920]  and come out of the darkness of their cave. We need that in this country badly. If we
[29:19.920 --> 29:27.080]  can't get that, we may as well just jump ship now and start swimming before the suck hole
[29:27.080 --> 29:31.720]  that develops when it sinks takes us down with it.
[29:31.720 --> 29:39.040]  And I got news for you. I have never been the first one to abandon ship. I'm not starting
[29:39.040 --> 29:44.440]  now. All right, folks, about to go to another break. Y'all hang in there. This is Eddie
[29:44.440 --> 29:48.880]  Craig, Deborah Stevens, Rule of Law Radio. It is Monday night, traffic night. We will
[29:48.880 --> 30:00.280]  be right back. Please call in. 512-646-1984.
[30:00.280 --> 30:03.680]  Top Ten Reasons to Question the Official Story of the Oklahoma City Bombing, Reason Number
[30:03.680 --> 30:07.600]  Five. As witnessed by millions of viewers, the rescue efforts were interrupted several
[30:07.600 --> 30:12.160]  times due to the presence of other explosives. Government log entries indicate and witnesses
[30:12.160 --> 30:16.720]  report that after the initial devastating blast, a bomb complete with timer was discovered
[30:16.720 --> 30:20.640]  and removed from the wreckage by the bomb squad. Yet we are told it's all due to baseless
[30:20.640 --> 30:24.720]  bomb scares or other contravenances. So while officials try to sort out their stories, all
[30:24.720 --> 30:29.120]  we ask is who planted these bombs and why is the government lying about them? For more
[30:29.120 --> 30:36.640]  information, go to okcbombingtruth.com. Turnabout is fair play unless you're videotaping the
[30:36.640 --> 30:42.240]  cops. While police can freely film the public, citizens doing the same could wind up in handcuffs.
[30:42.240 --> 30:46.480]  I'm Dr. Catherine Albrecht, and I'll tell you more about policing the police in just
[30:46.480 --> 30:51.840]  a moment. Privacy is under attack. When you give up data about yourself, you'll never
[30:51.840 --> 30:56.640]  get it back again. And once your privacy is gone, you'll find your freedoms will start
[30:56.640 --> 31:02.080]  to vanish too. So protect your rights. Say no to surveillance and keep your information
[31:02.080 --> 31:07.040]  to yourself. Privacy, it's worth hanging on to. This public service announcement is
[31:07.040 --> 31:12.480]  brought to you by Startpage.com, the private search engine alternative to Google, Yahoo,
[31:12.480 --> 31:19.840]  and Bing. Start over with Startpage. Filming the police could land you in the slammer.
[31:19.840 --> 31:24.880]  Case in point, Anthony Gruber. Arrested after posting footage of his speeding citation on
[31:24.880 --> 31:31.040]  YouTube, he faced a 16-year prison term for wiretapping. His footage featured a plainclothes
[31:31.040 --> 31:35.680]  state trooper jumping out of an unmarked car, screaming at Gruber and brandishing a gun
[31:35.680 --> 31:41.040]  before identifying himself. Gruber spent 26 hours in jail and had his computer seized.
[31:41.040 --> 31:45.120]  While his case was later thrown out of Maryland court, videographers in other states could
[31:45.120 --> 31:50.240]  be convicted. Documenting police practices empowers the people and should be legal. I
[31:50.240 --> 31:55.440]  say let the cameras roll. It might just put the civil back in civil servant. I'm Dr.
[31:55.440 --> 32:21.920]  Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:21.920 --> 32:27.760]  All right, folks, we are back. We have a couple callers on the call board now. For those of
[32:27.760 --> 32:31.440]  you that are out there listening, please give us a call in if you have any comments or questions.
[32:31.440 --> 32:38.080]  The number is 512-646-1984. We've got Roy and we've got Michael, so let's go to Roy
[32:38.080 --> 32:41.840]  in Texas first. Ian and Roy, how are you doing? What can we do for you?
[32:43.360 --> 32:50.320]  Well, I guess my first question is once you've issued your ticket, what's the first thing you
[32:50.320 --> 32:58.000]  do? What's the first thing you do? All right. Well, provided you didn't get shot or bludgeoned
[32:58.000 --> 33:03.200]  to death at the stop initially, the first thing you're going to want to do is challenge the
[33:03.200 --> 33:07.680]  issuance of the ticket as a summons to appear. That's what this motion I was talking about
[33:07.680 --> 33:15.280]  that I've just sent to Randy for review deals with. It basically says I won't be appearing
[33:15.280 --> 33:21.200]  in your court because you people are stupid. You can't follow the Constitution or the laws
[33:21.200 --> 33:26.400]  of the state, and the legislature has tried to deny me and my due process rights, and here's
[33:26.400 --> 33:33.200]  why you can't do that, and here's the laws you're violating by trying to do that. So that's exactly
[33:33.200 --> 33:38.240]  what this first motion deals with. What is this, a challenge to jurisdiction?
[33:38.240 --> 33:43.280]  They're all virtually challenges to jurisdiction, but yes, this one is challenge to jurisdiction
[33:43.280 --> 33:47.920]  based on improper service, faulty summons, and improper complaint.
[33:48.720 --> 33:52.080]  All right. Now, is that setting you up to have a warrant issued?
[33:53.520 --> 33:54.880]  No. Well, the motion deals
[33:54.880 --> 34:00.160]  with exactly that as well. If the judge issues a warrant, you're going to go straight after
[34:00.160 --> 34:04.560]  the judge. I mean straight after. I don't think it would set you up to get a warrant
[34:04.560 --> 34:11.440]  as long as you file that challenge to jurisdiction on or before your appearance date. Like when you
[34:11.440 --> 34:15.440]  get a ticket, you sign that you promise to appear on or before a certain date. If you
[34:15.440 --> 34:20.000]  file this challenge to jurisdiction on or before that date, that counts as an appearance before
[34:20.000 --> 34:27.200]  the court. Well, here's the only thing, though. Once you read this motion, you will see very
[34:27.200 --> 34:35.440]  clearly that the ticket cannot lawfully operate as a promise to appear slash summons. It simply
[34:35.440 --> 34:43.280]  cannot. The KPS issued in the Code of Criminal Procedure says specifically that it can only be
[34:43.280 --> 34:52.320]  issued by the court, not an agent of the municipality or the county, but a court, and it can only be
[34:52.320 --> 34:59.440]  issued at the request of the prosecuting attorney. Right, but you still better file it before that
[34:59.440 --> 35:06.000]  on or before a date. But then you're going to dare the judge to issue that warrant because the
[35:06.000 --> 35:10.080]  moment he does, you're going to march right down, and I'm working on that right now, but you're
[35:10.080 --> 35:15.920]  going to march down and file a small claims lawsuit against that judge immediately. But again, if you
[35:15.920 --> 35:21.280]  file this challenge to jurisdiction on or before the appearance date that you sign on the ticket,
[35:21.280 --> 35:25.520]  you're likely not going to get a warrant. I mean you get a warrant when you don't appear.
[35:25.520 --> 35:32.560]  Right, but the problem is that the warrant cannot be issued for failure to appear if there's no
[35:32.560 --> 35:39.840]  valid promise. That's the whole issue. The ticket is not a valid promise. It meets none of the
[35:39.840 --> 35:47.440]  requirements Texas law has for either a complaint, a summons, or anything else. It absolutely doesn't.
[35:47.440 --> 35:50.640]  No, it doesn't, but the problem is that they're just going to issue a warrant for your arrest
[35:50.640 --> 35:57.680]  anyway if you don't file something by that initial date. I agree, that's what they're going to do.
[35:57.680 --> 36:04.400]  But personally, that's exactly why I would not do it. I would wait and let the judge step off
[36:04.400 --> 36:10.240]  in it up to his neck. Well, it depends on what you want your strategy to be. I mean personally,
[36:10.240 --> 36:15.920]  if it was me, I would file it before the on or before date of the ticket because I just wouldn't
[36:15.920 --> 36:21.600]  want to have to deal with the warrant and having to try to just, you're just adding another fight.
[36:21.600 --> 36:26.160]  Now in Eddie's case, he wants to add another fight. That's his business, but I mean it's up
[36:26.160 --> 36:33.440]  to each individual in that situation. But hopefully the inner beauty of this is that it can actually
[36:33.440 --> 36:40.400]  work to quash a warrant that already exists for the same reason. Once you point out that the basis
[36:40.400 --> 36:47.680]  for the warrant itself is faulty as a matter of law and they don't withdraw the warrant,
[36:48.400 --> 36:55.520]  they're already in a world of hurt because they are once again proceeding absent jurisdiction.
[36:55.520 --> 37:00.560]  The Code of Criminal Procedure says very specifically that the warrant is a separate
[37:00.560 --> 37:05.360]  misdemeanor offense irregardless of the status of the offense upon which it was issued. Well,
[37:05.360 --> 37:12.800]  there's a problem. If there was no valid complaint accompanied with a charging instrument
[37:12.800 --> 37:19.120]  granting the court the jurisdiction of that original offense, they have no authority to issue
[37:19.120 --> 37:25.520]  a warrant for failure to appear on that offense. That's the whole problem they have.
[37:26.720 --> 37:27.920]  Yes. Okay, Roy.
[37:27.920 --> 37:37.360]  I have four tickets in Austin that have gone to warrant. Okay, well once we get this motion
[37:37.360 --> 37:44.000]  approved, you can try filing this and fight it with that motion and see what happens with it.
[37:44.000 --> 37:49.360]  I can guarantee you they're going to ignore it, but it's going to open them up for you to
[37:49.360 --> 37:54.640]  go after them in a way they've never dreamed of. Yeah, Randy and I are looking it over right now.
[37:54.640 --> 37:58.720]  Okay, and how much longer before you guys will have that out?
[38:00.640 --> 38:04.080]  I'm not exactly sure, but it will be part of the traffic seminar materials.
[38:04.880 --> 38:07.360]  Okay. So folks who have already purchased
[38:07.360 --> 38:12.640]  the traffic seminar materials will get it as a free update, and if you don't have the traffic
[38:12.640 --> 38:19.040]  seminar, then you need to get the traffic seminar. Sorry folks, but we have to do something. I mean,
[38:19.040 --> 38:27.200]  we give, you know, 99.9% of our information away for free on the air and on emails, but I mean,
[38:28.000 --> 38:31.920]  if we give everything away for free, then we won't be able to afford to be on the air anymore. So we
[38:31.920 --> 38:36.800]  have to do something. Sorry folks, but we have to hold back a little bit in charge for it, or else
[38:36.800 --> 38:43.760]  we won't be able to afford to do this anymore. I bought the CD and the training seminar for the
[38:43.760 --> 38:51.040]  last session you guys had. Oh, okay. Well, then you'll get the update free then. And the UCC-1027?
[38:51.760 --> 39:02.160]  It's 1-308 now. Oh, okay. How does that work? It doesn't. Don't. Okay. All right. Makes sense.
[39:03.680 --> 39:06.320]  All right. Well, I'll let you get to your next caller. All right. Thanks, Roy.
[39:07.520 --> 39:12.480]  Okay. We're going now to Michael in Maryland. Michael, thanks for calling in. What's on your
[39:12.480 --> 39:19.440]  mind tonight? So I'm really eating this up. This is good stuff. Quick question. I presume that the
[39:19.440 --> 39:25.120]  vast majority of the codes that you've referenced and so on are specific to Texas or are you coming
[39:25.120 --> 39:29.280]  out of the federal code of criminal procedure or civil procedure? No, this is the Texas code
[39:29.280 --> 39:35.120]  of criminal procedure. My area of specialty is Texas law. I know a little about some of the other
[39:35.120 --> 39:41.120]  states, but if you've tried muddling through some of these state codes, you'd find out very quickly
[39:41.120 --> 39:46.720]  you would have to be somebody with a brain the size of a small Toyota in order to absorb it
[39:46.720 --> 39:50.320]  and comprehend it all the way they've got them mish-mashed in a lot of these places.
[39:50.320 --> 39:56.000]  Yeah. It's pretty pathetic. I've been looking through the michi.com, the online portal for
[39:56.000 --> 40:04.960]  Maryland through their rules of civil procedure and so on. But it's really hard even to find
[40:04.960 --> 40:11.520]  complaint defined or citation defined. I don't know. I probably ought to devote a full two days
[40:11.520 --> 40:17.200]  off work just to find it. It's pathetic. And I think the Bible speaks it well. You know,
[40:17.200 --> 40:22.240]  woe to your lawyers. I can't remember the exact quote, but I think you probably know the one I'm
[40:22.240 --> 40:33.440]  referring to where they've hidden the truth. So I was curious to know then when it comes to the
[40:33.440 --> 40:40.640]  initial motion that you're suggesting, the challenge to jurisdiction on the basis of an
[40:40.640 --> 40:46.160]  improper summons. That's what you're suggesting in your case in Texas? Yes. That's the beginning of
[40:46.160 --> 40:52.240]  it. Yes. Okay. Because I was based on conversations with you and Dr. Graves. I was minded to do much
[40:52.240 --> 40:55.520]  the same. I know we're coming up to a break, so cut me off if I don't hear the music.
[40:57.040 --> 41:01.920]  I was minded to do the same and have my very first motion be a motion challenging jurisdiction
[41:01.920 --> 41:07.280]  and requesting a motions hearing, I believe is what you all suggested last week. But I was curious
[41:07.280 --> 41:15.040]  whether the initial motion has to be limited or is best limited to one subject or whether you could
[41:15.040 --> 41:20.720]  combine or whether it's advisable to combine, like for example, the fact that they should really move
[41:20.720 --> 41:24.960]  to federal court because they're the ones bringing the so-called complaint, which is nothing more
[41:24.960 --> 41:30.720]  than a citation. And they're really coming with unclean hands basically because they stand to
[41:30.720 --> 41:37.520]  gain from a guilty verdict. Well, yes and no. Let's cover the basic parts of your question first.
[41:37.520 --> 41:42.480]  As far as the filing in federal court, it's a state issue under state law. Okay. Federal court
[41:42.480 --> 41:47.680]  would have no jurisdiction. Okay. But wouldn't they have jurisdiction if it boils down to a
[41:47.680 --> 41:55.120]  matter between the state itself and a citizen? No. Why would it? Because if the state is the
[41:55.120 --> 42:01.280]  one bringing the action. Unless the citizen is claiming a constitutional harm, no, federal
[42:01.280 --> 42:08.080]  court has no jurisdiction over state law or state constitution unless they are violating
[42:08.080 --> 42:13.360]  the constitution of the state or of the federal government. And only in some cases can they
[42:13.360 --> 42:19.040]  intercede if it's the state constitution. I see. And that would be if the rights in the state
[42:19.040 --> 42:26.560]  are equal rights in the Fed. Okay. But along those same lines, I mean, at the time that I put in the
[42:26.560 --> 42:33.360]  motion for challenging jurisdiction, what about issues that I would want to get straight up front
[42:33.360 --> 42:39.520]  like a demand for a court reporter, for any court proceedings, public, you know, for witnesses that
[42:39.520 --> 42:45.040]  I may want to bring in with me? Everything you do needs to be separate when it deals with a separate
[42:45.040 --> 42:50.240]  right or issue. Yeah, I kind of thought you were going to say that. Okay. You want a different,
[42:50.240 --> 42:54.560]  a separate motion for assistance of counsel. You want a separate motion for fair and impartial
[42:54.560 --> 42:59.120]  trial. You want a separate motion for discovery because those couldn't all be tied together
[42:59.120 --> 43:05.760]  anyway. Okay. You want a separate challenge to jurisdiction. And you want a separate
[43:05.760 --> 43:11.520]  jurisdictional challenge on every point on which you can challenge jurisdiction. I see.
[43:11.520 --> 43:17.040]  Like for instance, this one I'm talking about now is improper summons, but it takes that one issue
[43:17.040 --> 43:22.640]  of that summons and it drop kicks it three different ways, or actually six different ways.
[43:23.440 --> 43:32.160]  Is it a proper summons? Was it properly served? Is it a proper judicial process? And was it
[43:32.160 --> 43:38.960]  properly and lawfully issued by a court with jurisdiction? And was the arrest that preceded
[43:38.960 --> 43:46.560]  the issue into this document unlawful on its face? Because those are the primary issues. Okay. All
[43:46.560 --> 43:50.400]  right. We're about to go to break. Hang on, Michael. We'll get back to you on the other side. This is
[43:50.400 --> 43:58.000]  Eddie Craig, Deborah Stevens, Rule of Law Radio. Give us a call 512-646-1984 and we will be right
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[46:29.360 --> 46:46.160]  All right folks, rule of law radio, we are back. We're going to go ahead and finish up with Michael
[46:46.160 --> 46:50.720]  and then we're going to take Jesse, Jerry and we'll be with you in just a second guys so hang in
[46:50.720 --> 46:56.560]  there. All right Michael go ahead. Okay so I guess if you need to speak strictly of course as you
[46:56.560 --> 47:01.920]  would normally I guess in terms of Texas law but to the extent you're able to extrapolate out into
[47:01.920 --> 47:06.640]  what you've seen in other states or the federal rules that'd be great but I'm curious do you know
[47:06.640 --> 47:11.280]  if in civil traffic court because that's what I'm going to be in civil court district court civil
[47:11.280 --> 47:16.320]  civil law whether the traffic court still needs to inform you of the nature and cause and to prove
[47:16.320 --> 47:21.680]  any cause of action the elements of any cause of action you know I mean they always have to prove
[47:21.680 --> 47:28.720]  the elements of the charge civil is a different animal than criminal okay different set of rules
[47:28.720 --> 47:36.560]  different set of procedures however in a civil matter what's the point they have to raise what
[47:36.560 --> 47:44.080]  was it that bound you to a civil duty in the first place how did you become bound under a civil
[47:44.080 --> 47:51.520]  obligation to do something right that that was definitely one question I wanted to get to if it
[47:51.520 --> 47:57.440]  got that far is you know what what what did I sign that made me obligated you know who have I harmed
[47:57.440 --> 48:02.480]  you know show where's the corpus now harm would be a criminal act it wouldn't be a civil act
[48:02.480 --> 48:08.000]  unless it was just a tort action okay so understand the difference in the harm there
[48:08.000 --> 48:15.040]  there's tort harm there's criminal harm okay so always distinguish when you frame your question
[48:15.040 --> 48:19.760]  or your answer I see so I should ask it in the sense of what's where's the tort in my in my
[48:20.800 --> 48:27.760]  exactly behavior or my lack of behavior exactly where's the tort okay who claims harm
[48:29.200 --> 48:35.520]  for this tort who is coming after me because I violated some agreement with them that I would
[48:35.520 --> 48:41.120]  wind up in a civil tort action who's the complaining party with a sworn affidavit in other words more
[48:41.120 --> 48:46.480]  or less is that well here's the thing they're they're going to if they do it like most states
[48:46.480 --> 48:52.400]  they're either going to say it's the people or it's the state right but the problem is is where's
[48:52.400 --> 48:58.000]  your written agreement to be bound by such obligation with the people or the state in regards
[48:58.000 --> 49:02.640]  to this matter well I would just love for them to say it's your signature on your driver's license
[49:02.640 --> 49:07.600]  because I'm going to enter it into exhibit a into the record if it gets that far and say this right
[49:07.600 --> 49:14.640]  here says without prejudice ucc 1308 so well but there's another problem the fact of the matter is
[49:14.640 --> 49:24.720]  a driver's license is not cannot ever be a contract okay cannot be several reasons the very basic one
[49:24.720 --> 49:32.240]  being a driver's license is a contrived document it was not in the form it was in when you signed it
[49:33.840 --> 49:39.200]  there was no document with your picture on it none of the words on the document you signed are on the
[49:39.200 --> 49:47.360]  driver's license it was all contrived behind the scenes after the fact therefore it could never
[49:47.360 --> 49:53.280]  ever be a contract all right and it would need to be a contract for me to have committed a
[49:53.280 --> 49:59.120]  tortious offense correct that's correct in order for them to introduce your driver's license as
[49:59.120 --> 50:05.920]  that type of evidence that's exactly what it would have to be now at what point if at any point along
[50:05.920 --> 50:10.880]  the way would I want to seriously consider a cross complaint or whatever to the counter suit
[50:11.520 --> 50:18.240]  well you're in a civil matter so you are in the right venue for it and you want it but I'll give
[50:18.240 --> 50:26.320]  you a piece of advice okay right never attack the case on its merits why because 99.9 percent
[50:26.320 --> 50:32.880]  of the time the process that got you there is flawed they did not do something the law required
[50:32.880 --> 50:40.560]  them to do the way that was required to be done right that introduces fatal defects into the
[50:40.560 --> 50:47.120]  process most of the time if anything they did or did not do that they were required by law to do
[50:47.120 --> 50:53.680]  prejudiced any of your rights hampered your ability to receive due process or in any way
[50:54.720 --> 51:01.920]  worked against you then it is a complete and total reason to have the case thrown out
[51:03.040 --> 51:12.960]  okay it is a fatal flaw but you have to reserve your rights and protect your rights by objecting
[51:12.960 --> 51:19.280]  and stating why and the why means you've got to know what rule they broke and how they broke it
[51:21.040 --> 51:26.480]  that's where the reading research and dissection comes in and if you don't have the seminar material
[51:27.440 --> 51:32.800]  I honestly believe it would be worth it to you just for that because I go to great pains to try
[51:32.800 --> 51:39.200]  to teach people how to read and dissect the statute and trace down every element in it
[51:39.200 --> 51:46.400]  and every rabbit trail they put in them okay and that works in any state provided they actually
[51:46.400 --> 51:55.040]  have written laws in some way of referencing them well you've got a stacked call board I better let
[51:55.040 --> 51:58.560]  you go thank you all so much and I definitely look forward to downloading and listening to this one
[51:58.560 --> 52:02.400]  several times because I want to I want to get my motion in as soon as possible just like Devin was
[52:02.400 --> 52:09.600]  saying okay thanks Michael thank you okay we're going now to Jesse in North Carolina Jesse first
[52:09.600 --> 52:16.640]  time caller thank you for calling in what's on your mind tonight yes uh I'm 23 and it's now I'm a new
[52:16.640 --> 52:21.920]  caller and my mother just turned me on to listen you guys and uh I just got a question I was in a
[52:21.920 --> 52:26.880]  real bad car accident about three and a half weeks ago and I just now got out of the hospital a couple
[52:26.880 --> 52:34.320]  of days ago broke my hip left hip broke my right leg right arm and I uh they gave me a reckless
[52:34.320 --> 52:40.080]  driving charge and a no seat belt charge but I also have like a simple possession of marijuana
[52:40.080 --> 52:47.760]  charge from like a month and a half ago and paraphernalia and I just don't I'm disabled I
[52:47.760 --> 52:53.520]  lost my job when I had the car accident because I had to stay out of work and I'm just trying to
[52:53.520 --> 52:57.520]  figure out I mean is it would there be any way I'd be able to like push phone paying for these
[52:57.520 --> 53:05.280]  fines and stuff because man well you can you can always file a pauper's affidavit okay that's one
[53:05.280 --> 53:12.960]  thing and a pauper's affidavit simply states that I am I'm indigent I have no means to pay any fines
[53:12.960 --> 53:19.360]  fees or anything else in this matter the court's going to do one of two things as most courts have
[53:19.360 --> 53:25.760]  jurisdiction to do these one of two things they're still going to take you to trial they're still
[53:25.760 --> 53:31.120]  going to try to find you guilty of whatever they're charging you with and the judge is either going
[53:31.120 --> 53:38.400]  to sentence you to some sort of community service or payment plan or the judge is going to issue an
[53:38.400 --> 53:48.000]  order wiping out the obligation to pay uh that is at their discretion the issue here becomes
[53:48.000 --> 53:53.840]  the issue here becomes to you directly were you responsible for the accident
[53:56.080 --> 54:02.880]  and if you were then that's something that you need to consider about what the other party is
[54:02.880 --> 54:10.000]  going to be doing in this process because if they have good cause to show that you were actually
[54:10.000 --> 54:16.880]  at fault I can guarantee you some ambulance chasing attorney out there is hot on the heels
[54:16.880 --> 54:21.600]  of that other guy begging for their business to come after you
[54:25.280 --> 54:30.320]  yeah it was a one car accident it was by myself I just had two friends in the car what property
[54:30.320 --> 54:38.080]  did you damage public or private uh public I want to say what I hadn't had no you know
[54:39.280 --> 54:43.680]  I mean you didn't go flying through the side of somebody's house hit somebody else's car
[54:43.680 --> 54:48.240]  tear down somebody else's fence kill their dog or run through their chicken coop right
[54:48.240 --> 54:53.600]  so this is some backwoods road that's right next to my house that I travel every day I mean it's
[54:53.600 --> 55:01.120]  a 55 miles per hour but I was doing about 65 or 70 but what but when you got in an accident the
[55:01.120 --> 55:09.120]  question is was anyone else's property damaged I mean did you did you hit okay so what did you
[55:09.120 --> 55:15.440]  just flip the car and the only your car was damaged or did you hit a tree or what no tree
[55:16.000 --> 55:22.160]  nothing it was just like in a little clearing actually well if anything my car's parts was
[55:22.160 --> 55:27.360]  scattered across everywhere well what about the other people that were in the car with you they
[55:27.360 --> 55:33.840]  weren't injured yes ma'am they was uh that's what eddie is talking about outstanding to try to come
[55:33.840 --> 55:38.720]  after you as well then because they were in the car and under your care and protection that's what
[55:38.720 --> 55:43.760]  eddie's talking about ambulance chasing lawyers that are going to be hot on the heels of your
[55:43.760 --> 55:49.360]  friends to sue you if you want to know who your true friends are wait till they get the scent of
[55:49.360 --> 55:54.880]  money thrown at them by some shifty-eyed lawyer that can smooth talk them into anything promising
[55:54.880 --> 56:00.000]  glory and money oh yeah they said they already know they didn't talk to me straight up they
[56:00.000 --> 56:08.800]  was gonna sue my insurance company i mean oh uh well in a sense it's reasonable for them to sue
[56:08.800 --> 56:14.000]  your insurance company because you were driving or you were you were behind the helm of the wheel
[56:15.200 --> 56:21.520]  maybe you weren't driving uh unless they were paid passengers but if y'all were just traveling
[56:21.520 --> 56:26.480]  together then you are responsible for what happens to them while they're in your car and if they were
[56:26.480 --> 56:32.480]  injured then you are responsible for taking care of their medical bills now here here's the thing
[56:32.480 --> 56:39.040]  where texas law would have protected you in this case texas law has what's known as the guest statute
[56:39.040 --> 56:52.560]  versus the passenger rule and a passenger could sue you okay a guest could not except in a case
[56:52.560 --> 57:02.400]  where you acted completely criminally negligent and caused their injury no sir i did not there
[57:02.400 --> 57:08.160]  was actually a car that was on coming that was on you know that was over the yellow line and they're
[57:08.160 --> 57:13.200]  the ones that called the ambulance for us because they knew it was a bad wreck did you get information
[57:13.200 --> 57:21.040]  on that car license plate did anyone get information on it name of the other driver copy of their
[57:21.040 --> 57:30.880]  license number the car license number anything no i didn't have their license plate or nothing
[57:30.880 --> 57:35.680]  okay well see there there's the problem unless they gave their name to whoever they called on
[57:35.680 --> 57:41.520]  the phone to come out to the accident you're not going to have any way of going after that person
[57:41.520 --> 57:46.480]  for being the one that caused you to swerve in the road i have witnesses but i don't think
[57:46.480 --> 57:51.600]  well a witness isn't going to help you with anything if they're already saying they're going to sue you
[57:51.600 --> 57:57.680]  knowing you didn't cause the accident and if they don't have the license plate number or the name
[57:57.680 --> 58:01.760]  or anything like that you're the sitting duck here not the other guy because they didn't get
[58:01.760 --> 58:04.880]  any information either they were looking at him upside down just like you were
[58:06.320 --> 58:14.560]  yeah oh man i'm pretty much up great huh well it as you'll notice we're about to go to break
[58:14.560 --> 58:18.320]  but if you'll hang on jesse i'll pick this up and finish it within a couple minutes on the other
[58:18.320 --> 58:23.600]  side but it all really depends on how the lawsuit must be conducted in north carolina
[58:23.600 --> 58:27.200]  depending upon that we'll go from there but we'll cover on the other side if you have
[58:27.200 --> 58:32.720]  insurance though the insurance is going to have to pay not you that's why people get insurance
[58:33.360 --> 58:38.560]  well again that that's debatable that's what i want to cover on the other side okay all right
[58:38.560 --> 58:41.920]  just hang on the line jesse we'll finish up with you in a couple of minutes on the other side
[58:41.920 --> 58:48.640]  it's fine okay after that we've got jerry from texas tim from oregon sam and mark sorry we've
[58:48.640 --> 58:54.720]  got a full board of callers so please be patient don't hang up and we will take all your calls
[58:54.720 --> 59:03.200]  in this next hour this is the rule of law the bible remains the most popular book in the world
[59:03.760 --> 59:07.440]  yet countless readers are frustrated because they struggle to understand it
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[59:14.000 --> 59:20.800]  profound meaning of the scripture enter the recovery version first this new translation
[59:20.800 --> 59:27.360]  is extremely faithful and accurate but the real story is the more than 9 000 explanatory footnotes
[59:28.000 --> 59:33.840]  difficult and profound passages are opened up in a marvelous way providing an entrance into the
[59:33.840 --> 59:39.200]  riches of the word beyond which you've ever experienced before bibles for america would
[59:39.200 --> 59:44.960]  like to give you a free recovery version simply for the asking this comprehensive yet compact
[59:44.960 --> 59:55.200]  study bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online
[59:55.200 --> 01:00:07.120]  at freestudybible.com that's freestudybible.com the non-profit organization iraq body count says
[01:00:07.120 --> 01:00:13.680]  the 400 000 war logs published saturday by wiki leagues show 15 000 more civilians were killed
[01:00:13.680 --> 01:00:19.200]  and previously recorded the u.s military has claimed it did not have statistics on how many
[01:00:19.200 --> 01:00:24.480]  iraqi civilians were being killed or injured critics say this was to try to play down protests
[01:00:24.480 --> 01:00:32.320]  against civilian loss of life as happened during the vietnam war chevron approved a 7.5 billion
[01:00:32.320 --> 01:00:38.480]  dollar plan to develop oil and natural gas fields in the gulf of mexico the largest investment since
[01:00:38.480 --> 01:00:44.480]  the obama administration ended its drilling ban the two fields located 280 miles southwest of
[01:00:44.480 --> 01:00:52.320]  new orleans contain an estimated 500 million barrels of oil regulators friday shot down seven
[01:00:52.320 --> 01:00:59.040]  banks bringing to 139 the number of u.s banks that have gone under this year the federal deposit
[01:00:59.040 --> 01:01:04.320]  insurance corporation took over the banks the largest of which was hillcrest bank in overland
[01:01:04.320 --> 01:01:12.960]  park kansas costing the fdic 329 million dollars the fdic expects to pay out 52 billion for failed
[01:01:12.960 --> 01:01:20.880]  banks between 2010 and 2014 the iraqi government says it will investigate whether employees are
[01:01:20.880 --> 01:01:26.720]  blackwater worldwide were involved in previously undisclosed killings that emerged from the release
[01:01:26.720 --> 01:01:34.400]  saturday of 400 000 war logs by wikileaks in addition to a notorious case in baghdad in 2007
[01:01:34.400 --> 01:01:40.560]  when blackwater guards killed 17 civilians the bureau of investigative journalism says it has
[01:01:40.560 --> 01:01:47.680]  discovered 14 more cases when blackwater employees allegedly opened fire on civilians the war logs
[01:01:47.680 --> 01:01:54.240]  allegedly show a further 10 civilians were killed by blackwater now known as z services in the third
[01:01:54.240 --> 01:02:00.240]  of cases blackwater guards were protecting u.s diplomats when they opened fire the war logs reveal
[01:02:00.240 --> 01:02:06.400]  repeated cases when they shot at civilian vehicles that came close to their convoys on one occasion
[01:02:06.400 --> 01:02:10.960]  even shooting dead the driver of an ambulance who had attended the scene of a bomb attack
[01:02:10.960 --> 01:02:18.800]  three days after the u.s coast guard admiral in charge of the bp oil spill cleanup declared little
[01:02:18.800 --> 01:02:25.520]  recoverable surface oil remained in the gulf of mexico louisiana fishermen friday found miles long
[01:02:25.520 --> 01:02:31.920]  strings of weathered oil floating toward fragile marshes on the mississippi delta the discovery
[01:02:31.920 --> 01:02:37.360]  which comes as millions of birds begin moving toward the region in the fall migration could
[01:02:37.360 --> 01:02:44.240]  force reclosure of key fishing areas only recently reopened boat captains working the bp cleanup
[01:02:44.240 --> 01:02:49.760]  effort said they have been reporting large areas of surface oil off the delta for more than a week
[01:02:49.760 --> 01:02:55.840]  but have seen little response from bp or the coast guard one captain said some strips were 400 feet
[01:02:55.840 --> 01:03:04.000]  wide and a mile long this news brief brought to you by the international news net you are listening
[01:03:04.000 --> 01:03:12.000]  to the rule of law radio network at rule of law radio.com live free speech talk radio at its best
[01:03:21.920 --> 01:03:25.520]  it's all according to the will of the almighty
[01:03:25.520 --> 01:03:31.760]  me
[01:03:46.960 --> 01:03:53.680]  all right folks we are back rule of law radio 512-646-1984 please give us a call
[01:03:53.680 --> 01:03:58.960]  us know what you think about the show got any questions comments we're finishing up here with
[01:03:58.960 --> 01:04:02.960]  jesse in north carolina all right jesse let me give you a quick rundown here and we'll get
[01:04:02.960 --> 01:04:07.920]  you wrapped up what it really boils down to regarding your insurance company paying for
[01:04:07.920 --> 01:04:13.520]  anything at all whether it be your coverage or everybody else's it depends on how the laws
[01:04:13.520 --> 01:04:18.400]  on the insurance company are written in your state in texas for instance your insurance company can
[01:04:18.400 --> 01:04:26.640]  flat refuse to pay the other party at all and make them sue you it all depends on whether or not like
[01:04:26.640 --> 01:04:31.760]  here in texas you're not allowed to bring up the fact that you have insurance or that the other
[01:04:31.760 --> 01:04:39.200]  party has insurance you must sue the other individual not their insurance company that's
[01:04:39.200 --> 01:04:46.400]  problem number one if your insurance company refuses to pay you have to now sue your own
[01:04:46.400 --> 01:04:53.280]  insurance company to be covered under a policy you've been paying for that's problem number two
[01:04:54.480 --> 01:05:00.480]  problem number three is one of which you are already aware friends and enemies alike all smell
[01:05:00.480 --> 01:05:05.360]  the green in a case like this and you're going to find out who they are and who they aren't really
[01:05:05.360 --> 01:05:12.560]  fast oh yeah now sorry i have one more quick question see i'm disabled my mother can't lift
[01:05:12.560 --> 01:05:18.400]  me and my house is not handicapped accessible and i got to go to court in the morning is there any
[01:05:18.400 --> 01:05:23.120]  way because i mean i have to literally be lifted and carried because i lived on a dirt road
[01:05:24.640 --> 01:05:28.880]  and my stepfather will be at work by the time i have to get be you know getting ready to go
[01:05:28.880 --> 01:05:33.040]  to court is there any way i'll be able to get by that by making a phone call to somebody
[01:05:33.840 --> 01:05:38.080]  you can try calling down to the clerk of the court and asking for a continuance and tell
[01:05:38.080 --> 01:05:43.280]  them the reason is medical and statewide and see what the judge is willing to do normally you
[01:05:43.280 --> 01:05:49.040]  wouldn't need to file a motion asking for continuance like at least a few days before the
[01:05:49.040 --> 01:05:55.440]  court hearing yeah i was in the hospital i mean i had no way of you know i'm saying getting to
[01:05:55.440 --> 01:06:01.360]  the court getting away well you wouldn't need to go to the court you could you can have somebody
[01:06:01.360 --> 01:06:10.000]  else file the document is what i'm saying somebody else file the document yes all right okay but yeah
[01:06:10.000 --> 01:06:14.160]  now if the court hearing is in the morning it's too late for that you just need to call them
[01:06:15.200 --> 01:06:20.720]  i just need all right yeah i didn't know i was going to be in the hospital for so long
[01:06:20.720 --> 01:06:25.200]  now can i have someone to go up to the courthouse in the morning no you're going to have to call
[01:06:25.200 --> 01:06:31.840]  them the judge will not uh accept a call or listen to anybody else is because you're still in the
[01:06:31.840 --> 01:06:37.840]  hospital and incoherent otherwise you're out of the hospital he's going to want to hear from you
[01:06:37.840 --> 01:06:42.880]  or she's going to want to hear or an attorney that you hire if you had if you had legal
[01:06:42.880 --> 01:06:46.560]  representation they would listen to the attorney but you can't have a friend go
[01:06:48.240 --> 01:06:54.240]  but um it it depends on also if they're trying to charge you with criminal acts and so on and so
[01:06:54.240 --> 01:06:59.600]  forth especially anything that could wind up costing you your liberty and time in jail
[01:07:00.560 --> 01:07:06.400]  you still need to consider an attorney but you definitely need to know how to keep control of
[01:07:06.400 --> 01:07:13.120]  him and how to watch him if you don't you're going to get sold down the river that's a promise all
[01:07:13.120 --> 01:07:17.760]  right okay listen jesse we need to move on we got a lot of callers on the line yeah i really
[01:07:17.760 --> 01:07:21.440]  appreciate it guys okay sure you're welcome to call back we're on the air monday thursday and
[01:07:21.440 --> 01:07:26.640]  friday nights thank you okay thank you all right we're going now to jerry in texas
[01:07:27.280 --> 01:07:32.080]  jerry thanks for calling in what's on your mind tonight okay i got a question for adi here
[01:07:32.720 --> 01:07:41.280]  i had a comment uh on the open records act uh i was talking to randy earlier today and i kind
[01:07:41.280 --> 01:07:48.080]  of got confused maybe you can straighten it up for me uh this is on a case that occurred three
[01:07:48.080 --> 01:07:55.600]  years ago and all we wanted to do is go down and look at the records and see uh what was in there
[01:07:56.400 --> 01:08:01.840]  and they wouldn't let us look at it is there some does the open records act cover something
[01:08:01.840 --> 01:08:08.320]  like that or does it not uh it depends on what the records are you're trying to get access to
[01:08:08.960 --> 01:08:15.040]  well it's the records of what we filed in the case at the time that the trial before the trial and
[01:08:15.040 --> 01:08:20.800]  what occurred during the trial open records laws do not apply to the courts because the courts are
[01:08:20.800 --> 01:08:27.360]  already open you just go pull the file from the court from what's what we tried to do
[01:08:27.360 --> 01:08:31.760]  and they wouldn't let us look at them then you file criminal charges against the clerk of the
[01:08:31.760 --> 01:08:37.840]  court okay well then i think you're answering my question they didn't have any legitimate
[01:08:37.840 --> 01:08:43.040]  reason not to let us look at them they have to let anybody look at them that's what my
[01:08:43.040 --> 01:08:48.080]  understanding was but they wouldn't let us look at them no that's a crime that's what randy says
[01:08:48.080 --> 01:08:54.480]  about the moment they pull that stuff you call over security or whatever gun totem badge wearing
[01:08:54.480 --> 01:09:00.080]  individuals available and you tell them i would like to press a criminal complaint charge against
[01:09:00.080 --> 01:09:07.520]  this clerk for violating open records law in texas and denying us access to an openly public record
[01:09:07.520 --> 01:09:13.760]  well it's deny it's uh for denying the open court the the courts really don't fall under open records
[01:09:13.760 --> 01:09:20.640]  laws they're they are by necessity public already the courts are open all the records are already
[01:09:20.640 --> 01:09:26.800]  public they have to let anybody look at them anybody can go look at any case well that that's
[01:09:26.800 --> 01:09:32.240]  what exactly what my son did he went down and got a deputy sheriff and they wound up throwing him
[01:09:32.240 --> 01:09:37.520]  up throwing him out of the building well then they need he needs to press assault charges on the
[01:09:37.520 --> 01:09:44.560]  deputy sheriff as well well what we've done now is he has done it in writing and sent it in and
[01:09:44.560 --> 01:09:50.880]  then it says they have seven days to either answer it or tell you why they wouldn't answer it which
[01:09:50.880 --> 01:09:55.520]  i've talked with you about this before i think i know why they don't want anybody to look at it
[01:09:55.520 --> 01:10:00.400]  it's because we filed that bill for tickers in and uh they didn't want to answer that we put
[01:10:00.400 --> 01:10:06.560]  them in default with that well jerry wait a minute do you have file stamp copies of all the
[01:10:06.560 --> 01:10:12.880]  documents that you've already filed in the case well my son has got them somewhere i don't know
[01:10:12.880 --> 01:10:18.480]  if i can put my hands on them or not okay see this is this is a rule regarding any kind of
[01:10:18.480 --> 01:10:25.120]  case that anybody ever deals with you go file something you keep a file stamp copy you i mean
[01:10:25.120 --> 01:10:29.920]  a lot of times with the federal courts you do everything by mail with state courts municipal
[01:10:29.920 --> 01:10:35.040]  courts you go down there that's that's the way i found it works the best you take two copies of
[01:10:35.040 --> 01:10:40.400]  your motions with you you file one with the court which means the clerk keeps it you have the other
[01:10:40.400 --> 01:10:48.320]  one you have the clerk stamp it with their with the official clerk stamp and and initial or sign
[01:10:48.320 --> 01:10:54.400]  it and then you keep it and also every time i go down there i ask for copies of everything that's
[01:10:54.400 --> 01:11:02.000]  in the file other than what i have put in it myself every single time and so that way you keep a
[01:11:02.000 --> 01:11:08.000]  constant running update of what's in that file all the time and so that way if some documents end up
[01:11:08.000 --> 01:11:15.920]  coming up missing later on down the line then you have got strong evidence against the clerk of the
[01:11:15.920 --> 01:11:20.400]  court for removing documents from the file that have been filed and that's just the way you have
[01:11:20.400 --> 01:11:25.520]  to deal with these people because that's what they do you actually need to look under government code
[01:11:25.520 --> 01:11:34.960]  section 552.0022 sub item 12 it specifically states that without limiting the amount or
[01:11:34.960 --> 01:11:38.800]  count of information that is public information under this chapter the following categories of
[01:11:38.800 --> 01:11:43.840]  information are public information and not accepted from required disclosure under this chapter
[01:11:43.840 --> 01:11:49.760]  unless they are expressly confidential under other law sub item 12 final opinions including
[01:11:49.760 --> 01:11:54.960]  concurring and dissenting opinions and orders issued in the adjudication of cases and if you
[01:11:54.960 --> 01:11:59.280]  read down through there you're probably going to find a couple other things that apply to that as
[01:11:59.280 --> 01:12:08.320]  well okay but public information under 021 is available to the public at a minimum during the
[01:12:08.320 --> 01:12:15.120]  normal business hours of the governmental body without exception well that's what i thought too
[01:12:15.120 --> 01:12:20.400]  and well you may need to send other people down there you know if you really want to see sometimes
[01:12:20.400 --> 01:12:24.960]  you just have to start putting pressure on them get your friends get your family get a whole
[01:12:24.960 --> 01:12:29.600]  bunch of people going down there requesting the file after a while they're going to realize
[01:12:29.600 --> 01:12:33.600]  they're getting themselves into too much trouble and they need to just cough up the file well we
[01:12:33.600 --> 01:12:40.240]  have done it in writing now and had a notary stamp it and all this we've done it that way and
[01:12:40.240 --> 01:12:48.640]  uh the mississippi law says they have seven days to answer that or give you a statement as to why
[01:12:48.640 --> 01:12:54.240]  they that they wouldn't let you look at it that's typical open records but like i said in texas the
[01:12:54.240 --> 01:12:59.760]  courts do not fall under open records open records do not apply it's it's one of the rules of court
[01:12:59.760 --> 01:13:04.160]  that apply i forgot which one randy would be able to cite it if he was here yeah that's what randy
[01:13:04.160 --> 01:13:10.240]  was telling me today and that kind of confused me well that's because the open courts are already
[01:13:10.240 --> 01:13:16.560]  public okay courts do not fall under open records laws it doesn't apply because it doesn't need to
[01:13:16.560 --> 01:13:23.360]  they're already public okay and so all of that doesn't doesn't apply in this situation they're
[01:13:23.360 --> 01:13:29.520]  just straight up breaking the law yeah well what do you i know what your answer is going to be what
[01:13:29.520 --> 01:13:35.120]  you do when they break the law and then you go to get the chair and he breaks the law too no it's
[01:13:35.120 --> 01:13:39.120]  go to the grand jury against both of them go to the grand jury against both of them i would go
[01:13:39.120 --> 01:13:45.680]  to the district attorney um you just keep going to whoever i mean like i said if you keep sending
[01:13:45.680 --> 01:13:50.960]  more and more people to the courthouse demanding the file at some point they're going to realize
[01:13:50.960 --> 01:13:56.320]  there's a problem yeah and they're going to cough up the file well we think we know what the problem
[01:13:56.320 --> 01:14:01.360]  is they don't want anybody else to find out what we did using that bill of particulars and getting
[01:14:01.360 --> 01:14:07.280]  that uh prosecuting attorney into fault and everything just come to a screech and halt
[01:14:08.160 --> 01:14:17.200]  and oh by the way my comment to eddie i finally got that uh whole document the whole book copied
[01:14:17.840 --> 01:14:22.720]  about the how you use that bill of particulars and i mailed it to you but i mailed it to that
[01:14:22.720 --> 01:14:28.240]  nogginosa's address i don't know how long it'll take you to get it but it explains exactly how
[01:14:28.240 --> 01:14:35.840]  it works in there and like i said before i've used it a dozen times with myself and others
[01:14:36.480 --> 01:14:43.840]  and it shut them down every time every time all right well in the future jerry remember you go
[01:14:43.840 --> 01:14:49.120]  to file things with the court you get that file stamp copy of whatever you're filing you get it
[01:14:49.120 --> 01:14:55.440]  back in your hand before you leave before you even leave the desk and also you get copies of
[01:14:55.440 --> 01:15:01.040]  everything else that's in the file too that you haven't filed and that way you've always got a
[01:15:01.040 --> 01:15:08.720]  current running uh court a copy of what's in the in the court file yeah i always do and i did that
[01:15:08.720 --> 01:15:13.920]  time but i don't know what my son still has it he's moved a time or two and i don't know what he
[01:15:13.920 --> 01:15:20.480]  still has or not because this occurred three years ago nothing has happened since we filed all this
[01:15:20.480 --> 01:15:26.560]  stuff in they found him guilty and charged him thirty two hundred dollars but there's no warrant
[01:15:26.560 --> 01:15:35.360]  been issued uh the game and fish commission has a statute that says anytime a court finds you guilty
[01:15:35.360 --> 01:15:42.720]  of breaking one of those laws the court has 45 days to notify them of which on that particular
[01:15:42.720 --> 01:15:49.280]  offense he would have lost his license for a year he still gets his license nothing has ever been
[01:15:49.280 --> 01:15:55.920]  said about not paying the fine no warrant issues no nothing they didn't do anything and the best we
[01:15:55.920 --> 01:16:01.840]  can understand about it it was just a theatrical thing for all the other people in the courtroom
[01:16:01.840 --> 01:16:08.800]  to think make them think they throwed the book at him but they didn't do anything to him except
[01:16:08.800 --> 01:16:15.280]  say he's guilty yeah that's pretty typical let us look at the record and the only thing i can come
[01:16:15.280 --> 01:16:22.320]  up with they don't want anybody else to find out how we did that well you guys are keeping copies
[01:16:22.320 --> 01:16:26.080]  of your documents you file right well that's what he's saying he can't find them he doesn't know
[01:16:26.080 --> 01:16:32.160]  where they are uh i left my number in that stuff it is to give me a call i got something they
[01:16:32.160 --> 01:16:36.640]  talked to you about okay well just send me an email with your information jerry and i'll pick
[01:16:36.640 --> 01:16:39.760]  it up from there because as you said i don't know how long it'll be before i get that book
[01:16:39.760 --> 01:16:43.680]  but i put it in that stuff i mailed to you okay all right well we got to go now because we're on
[01:16:43.680 --> 01:16:49.600]  a break okay okay thanks jerry when we get back we got sam and then mark and then mike callers if
[01:16:49.600 --> 01:16:56.560]  you like to call in 512-646-1984 we will be right back this is the rule of law ruleoflawradio.com
[01:17:00.080 --> 01:17:05.840]  it is so enlightening to listen to 90.1 fm but finding things on the internet isn't so easy
[01:17:05.840 --> 01:17:10.640]  and neither is finding like-minded people to share it with oh well i guess you haven't heard of brave
[01:17:10.640 --> 01:17:16.160]  new books then brave new books yes brave new books has all the books and dvds you're looking
[01:17:16.160 --> 01:17:21.440]  for by authors like alex jones ron paul and george griffin they even stock inner food
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[01:17:40.080 --> 01:17:47.520]  mlk parking facility just behind the bookstore it does exist but when are they open monday through
[01:17:47.520 --> 01:17:55.440]  saturday 11 a.m to 9 p.m and 1 to 6 p.m on sundays so give them a call at 512-480-2503
[01:17:55.440 --> 01:17:58.400]  or check out their events page at brave new bookstore.com
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[01:18:47.680 --> 01:18:54.160]  any questions ask for chad and say you heard about us on rule of law radio or 90.1 fm that's capital
[01:18:54.160 --> 01:18:58.880]  coin and bullion 512-646-6440
[01:18:58.880 --> 01:19:22.880]  okay folks we're back
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[01:19:48.800 --> 01:19:54.640]  jurisdictionary win your lawsuit without a lawyer the nuts and bolts the basics everyone needs to
[01:19:54.640 --> 01:20:01.760]  get jurisdiction jurisdictionary anyways eddie's traffic seminar one love kitchen
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[01:20:54.400 --> 01:20:58.800]  are going now to sam in texas sam thanks for calling in what's on your mind tonight
[01:20:59.520 --> 01:21:05.840]  uh thanks for having me um and uh i was just wondering i heard you saying about supporting
[01:21:05.840 --> 01:21:17.680]  your sponsors which program would i get if i had uh several years ago i was uh i guess arrested
[01:21:17.680 --> 01:21:25.760]  for pi and the lawyer that i had a quote unquote court opponent uh lawyer said that it would be
[01:21:25.760 --> 01:21:31.360]  dropped and now all of a sudden i'm getting some letters in the mail from some company called
[01:21:31.360 --> 01:21:40.720]  calvary saying that i owe x amount of money for uh for the pi that doesn't make sense to me
[01:21:41.520 --> 01:21:46.320]  your court appointed attorney said that he worked something out with the prosecutor
[01:21:46.320 --> 01:21:52.480]  that the charges were being dropped yes do you have any documentation of that
[01:21:53.600 --> 01:21:59.040]  no i don't have you contacted the court to find out what the court record says on the subject
[01:21:59.040 --> 01:22:05.360]  i have not no i this is the first uh i've got the letter just recently and when is the last
[01:22:05.360 --> 01:22:10.080]  when is the last time you talked to this court appointed attorney oh the last time i saw him
[01:22:10.080 --> 01:22:17.120]  was that day he was like but i mean when was that like a three years ago two years ago i mean what
[01:22:17.120 --> 01:22:24.080]  when was the last time you talked to him yeah about three years ago and you didn't get any
[01:22:24.080 --> 01:22:29.920]  documentation you didn't get any papers from him at all no papers just from the court saying that
[01:22:29.920 --> 01:22:37.440]  i was released and everything they made me sign something he said uh oh it's okay uh just say no
[01:22:37.440 --> 01:22:46.480]  context and everything's all right and uh you know i had actually not shown up for a court for a
[01:22:46.480 --> 01:22:56.240]  previous charge of dwi and uh when they got me for pi then the whole i guess a snowball effect
[01:22:56.240 --> 01:23:03.520]  occurred and he said oh you know what uh the dwi you know all you're going to do is just get your
[01:23:03.520 --> 01:23:09.280]  license taken away from you you have to pay x amount of money and the pi don't worry about it
[01:23:09.280 --> 01:23:17.680]  yeah uh i played golf with the district attorney and uh we talked about your case and uh i got it
[01:23:17.680 --> 01:23:24.000]  all taken care of so i was like okay well if you played no contest that doesn't sound like you got
[01:23:24.000 --> 01:23:29.440]  it that doesn't sound like he got it all taken care of no contest is basically just throwing
[01:23:29.440 --> 01:23:34.880]  yourself on the mercy of the court it's worse than pleading guilty actually it is pleading guilty
[01:23:34.880 --> 01:23:42.080]  no contest simply means that i plead guilty but i asked the court for leniency that's all it is
[01:23:43.840 --> 01:23:50.160]  hmm therefore you were found guilty thanks to your so-called attorney yeah who said he was going to
[01:23:50.160 --> 01:23:52.800]  get you off the hook and then had you sign a no contest
[01:23:54.880 --> 01:24:00.320]  yeah so there's pretty much i have to pay this again man paid again what do you mean you already
[01:24:00.320 --> 01:24:07.680]  paid once well uh by going to jail they said that time served do you have a document that shows
[01:24:07.680 --> 01:24:14.640]  that you have time served no i don't well who told was this just a word of mouth thing that
[01:24:14.640 --> 01:24:20.720]  your attorney just told you that that the the whole fine was taken care of because of time served
[01:24:21.360 --> 01:24:27.680]  yes but you don't have any document that says the fine is taken care of because of time served
[01:24:27.680 --> 01:24:30.400]  no
[01:24:34.720 --> 01:24:40.400]  okay you need to be checking this position in the court record yeah you need to go get your file
[01:24:40.400 --> 01:24:47.680]  from the court do i get that from the municipal court or whichever court this case was involved in
[01:24:48.880 --> 01:24:56.560]  okay okay i tried to call them and well you need to go down there and get physical paper copies of
[01:24:56.560 --> 01:25:03.760]  everything in your file from that case and if there's nothing in there that shows that you
[01:25:05.040 --> 01:25:11.360]  that the fine is is taken care of due to time served then if i were you i would be calling
[01:25:11.360 --> 01:25:17.280]  back that quarter point attorney and saying excuse me why is this collection agency chasing me
[01:25:17.280 --> 01:25:22.480]  saying i owe money when you told me i had this fine taken care of because of time served
[01:25:22.480 --> 01:25:30.080]  what's up with that now if you if there is a piece of paper in your file that says time served then
[01:25:31.040 --> 01:25:35.280]  if i were you i would just send that to the collection agency and say i don't owe anything
[01:25:35.280 --> 01:25:41.520]  leave me alone well in actuality i would bait them into keep doing what they're doing check with the
[01:25:41.520 --> 01:25:47.600]  secretary of state see if they're registered as a third party debt collector in the state and when
[01:25:47.600 --> 01:25:52.400]  they're not beat the crap out of them with mike mirrors' debt collection well yeah you could do
[01:25:52.400 --> 01:25:57.840]  that too i mean it depends on who the debt collector is if it's a debt collector that is part of the
[01:25:57.840 --> 01:26:04.320]  state bureaucracy you cannot use the mike mirrors method if indeed they are a private third party
[01:26:04.320 --> 01:26:08.880]  debt collector then you can't but you have to be very careful because if it's the state itself
[01:26:08.880 --> 01:26:15.920]  that's going after you you cannot use the mike mirrors method because they don't fall on the
[01:26:15.920 --> 01:26:21.440]  the state entities are exempt from the fair debt collections practice act and the fair credit
[01:26:21.440 --> 01:26:28.560]  reporting act unfortunately okay okay so find out if it's the state itself that's actually going
[01:26:28.560 --> 01:26:35.440]  after you or or someone contracted you know by the state or if it's indeed a two third party debt
[01:26:35.440 --> 01:26:40.320]  collector but the first thing you need to do is get your file and find out what's in it if there's
[01:26:40.320 --> 01:26:46.560]  if there's nothing in that file that says anything about that the fee has has been taken care of due
[01:26:46.560 --> 01:26:51.920]  to time served then i would i would go ring that uh court appointed attorney's knack
[01:26:53.280 --> 01:27:03.280]  figuratively speaking that is uh so uh one quick question in that then uh how do i handle the
[01:27:03.280 --> 01:27:10.320]  uh you know if they were to say uh you know someone gets pulled over or something and they have no
[01:27:10.320 --> 01:27:19.760]  insurance uh i don't how does someone take care of that who do do i get eddie's seminar or do i get
[01:27:19.760 --> 01:27:26.880]  the jurisdictionary i just i'm limited in funds and i need i would like to know which one i would
[01:27:26.880 --> 01:27:36.800]  i would get to help me out with that eddie it to cover which aspect of this i guess this is a
[01:27:36.800 --> 01:27:41.920]  different question a whole different brand new scenario talking about what what someone who may
[01:27:41.920 --> 01:27:47.920]  have gotten a ticket because of uh failure to show proof of insurance well then yeah that's
[01:27:47.920 --> 01:27:52.400]  covered in the traffic seminar yeah that would be the eddie's traffic seminar you're in yeah
[01:27:52.400 --> 01:27:58.640]  you're in texas so yeah that would be covered there oh okay okay well thank y'all and uh y'all
[01:27:58.640 --> 01:28:06.160]  have a blessed evening okay thank you sam bye okay bye okay we are going now to mark in wisconsin
[01:28:06.160 --> 01:28:08.960]  mark thanks for calling in what is on your mind tonight
[01:28:11.600 --> 01:28:12.960]  mark in wisconsin
[01:28:15.280 --> 01:28:19.840]  well i heard clicks as i pushed the go live button so i have a feeling maybe mark hung up just as i
[01:28:19.840 --> 01:28:24.080]  went to him okay mark from wisconsin if you're out there listening i just try to take your call
[01:28:24.080 --> 01:28:32.640]  please call back in we've got now we've got mike in texas mike thanks for calling in what's on
[01:28:32.640 --> 01:28:40.080]  your mind oh hi um a couple quick questions um i've been coming up on trial again and i
[01:28:40.080 --> 01:28:46.320]  uh wanted to see what i needed to do to adopt all administrative remedies before so i could file a
[01:28:46.320 --> 01:28:53.760]  writ of mandamus and then you have to appeal you you would have you you the courts are
[01:28:54.560 --> 01:29:02.880]  loath to grant writs of mandamus unless you have proven that you have exhausted every administrative
[01:29:04.000 --> 01:29:11.120]  and and equitable remedy and so if you would have to actually go to trial and you would actually have
[01:29:11.120 --> 01:29:18.400]  to lose your case file for an appeal lose the appeal and before you do a writ of mandamus or
[01:29:18.400 --> 01:29:27.200]  they're not going to give it to you oh okay um okay um that sounds very good i i thought that
[01:29:27.200 --> 01:29:35.200]  i could apply for a writ of mandamus before no no no no no writ of mandamus is is an act of uh last
[01:29:35.200 --> 01:29:40.480]  resort trying to get the court to do something they're required by law to do and writ of mandamus
[01:29:40.480 --> 01:29:45.680]  is when you petition a higher court to order a lower court to do something and they don't like
[01:29:45.680 --> 01:29:51.840]  to do that unless you can prove that the lower court is totally out of line and that you've done
[01:29:51.840 --> 01:29:56.960]  every you've pursued every other remedy possible all right mike we'll we'll be right back hold on
[01:30:00.400 --> 01:30:05.760]  christ fed the multitude with only one loaf of bread poor people there's something for you
[01:30:05.760 --> 01:30:12.400]  austin's own caribbean one love kitchen on the banks of colorado river at 3109 east first street
[01:30:12.400 --> 01:30:18.000]  is where you find one love kitchen jerk chicken vegetarian restaurant monday through wednesday
[01:30:18.000 --> 01:30:23.360]  lunch and dinner five dollars friday and saturday we got late night with emperors town crew still
[01:30:23.360 --> 01:30:29.040]  five dollar plates jerk chicken and vegetarian place to beat one love kitchen austin texas
[01:30:29.040 --> 01:30:35.760]  uh could an id microchip cause cancer for a growing number of pets the answer tragically
[01:30:35.760 --> 01:30:41.200]  is yes triplated tumors have prompted a lawsuit against home again and calls to stop mandatory
[01:30:41.200 --> 01:30:46.800]  pet chipping laws i'm dr catherine albrecht and i'll be right back with the story your search engine
[01:30:46.800 --> 01:30:52.240]  is watching you recording all your searches and creating a massive database of your personal
[01:30:52.240 --> 01:30:58.000]  information that's creepy but it doesn't have to be that way startpage.com is the world's most
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[01:31:15.040 --> 01:31:19.440]  search engine andrea rutherford thought she was doing the right thing by having a home again
[01:31:19.440 --> 01:31:24.400]  microchip implanted in her cat bulkin but things changed when she found a lump growing around the
[01:31:24.400 --> 01:31:30.080]  chip the lump turned out to be fibrosarcoma a dangerous form of cancer fortunately bulkin
[01:31:30.080 --> 01:31:35.840]  survived after surgery chemotherapy and radiation now his owner is suing home against parent company
[01:31:35.840 --> 01:31:41.040]  merc for expenses and wants to alert others to the problem if your pet has a microchip check the
[01:31:41.040 --> 01:31:46.320]  implant site regularly for lumps have anything suspicious examined by your vent and if your pet
[01:31:46.320 --> 01:31:53.040]  is chip free keep it that way a collar and a tag never gave anyone cancer i'm dr catherine albrecht
[01:31:53.040 --> 01:31:55.840]  more news and information at catherinealbrecht.com
[01:32:01.760 --> 01:32:04.560]  yeah who you want to check who you take me for free totally
[01:32:05.280 --> 01:32:08.320]  who wants you i'm not free totally you can't chip me
[01:32:10.400 --> 01:32:14.800]  don't let them chip you in the morning chip you in the evening put a chip in your body
[01:32:15.360 --> 01:32:20.400]  and then when you go computer reading you can't hide me from nobody when you say
[01:32:20.400 --> 01:32:25.680]  chipping on your mouth chipping on your daddy chipping on your grandpa and the grammy chipping
[01:32:25.680 --> 01:32:31.200]  on me chipping on your baby chipping on your family whole family chipping on your dad and
[01:32:31.200 --> 01:32:36.720]  they get the wrong way chipping on the beef and you still go eat it chipping on the fish them
[01:32:36.720 --> 01:32:44.960]  all right we don't take any chips not in us not in our pets no mark of the beast around here
[01:32:44.960 --> 01:32:52.160]  because when their computer go and read e that means read it then you cannot hide from nobody
[01:32:53.440 --> 01:33:00.240]  pat i love pat our singer of our band three shoes posse three shoes posse.com and routeone.net
[01:33:00.240 --> 01:33:06.640]  about to release a double cd set for you guys all right we're talking to mike in texas and
[01:33:06.640 --> 01:33:12.640]  then we'll be moving on okay mike anything else well a couple quick things um i was wondering
[01:33:12.640 --> 01:33:17.920]  if i could follow a couple other remedies you had mentioned in the past filing judicial complaints
[01:33:17.920 --> 01:33:24.880]  and filing criminal complaints and regarding criminal complaints if i was able to get the
[01:33:24.880 --> 01:33:30.480]  clerk of court to sign a criminal complaint and put it in my docket um would that be any sort of
[01:33:30.480 --> 01:33:38.720]  incentive one you're not go to a notary at your bank where you can get it done for free and have
[01:33:38.720 --> 01:33:44.320]  them notarize your signature on the criminal complaint all that's required is that it be
[01:33:44.320 --> 01:33:49.120]  done before someone in texas authorized to administer an official oath and a notary is
[01:33:49.120 --> 01:33:54.240]  allowed to do that okay it doesn't have to be sworn out by a clerk of clerks clerk of court
[01:33:54.240 --> 01:33:59.920]  no it just has to be notarized okay and then i can put that in my docket and then see what
[01:33:59.920 --> 01:34:05.040]  you can go file it in the court yes but that's not necessarily filing a criminal complaint because
[01:34:05.040 --> 01:34:10.560]  in in texas criminal complaints are directed to be filed with magistrates or with state attorneys
[01:34:10.560 --> 01:34:17.200]  or with the grand jury not the clerk of the court what you do is you file them as you file
[01:34:17.760 --> 01:34:23.680]  copies of them attached to a motion in the court and you can move the court to read the
[01:34:23.680 --> 01:34:30.320]  following attachments however you want to do it and then in open court present the judge with
[01:34:30.320 --> 01:34:38.080]  the originals don't tell him what you're giving him just put them in a yellow envelope and just
[01:34:38.080 --> 01:34:43.440]  say i have information that is relevant to the case at hand baylor would you please give these
[01:34:43.440 --> 01:34:47.760]  to the judge or ask for permission to approach the bench and hand them to the judge yourself yes
[01:34:47.760 --> 01:34:56.160]  and then when the judge gets them he or she will probably tell you well uh mr mike uh the judges
[01:34:56.160 --> 01:35:02.480]  and municipal judges or district judges in the state of texas are not required to take criminal
[01:35:02.480 --> 01:35:08.560]  complaints and that's when you say no your honor however but magistrates are and that's a duty
[01:35:08.560 --> 01:35:14.080]  from which you may not shield yourself at the moment a judge sees a criminal complaint his
[01:35:14.080 --> 01:35:19.760]  magisterial duty is invoked all judges in the state of texas are magistrates and and i make
[01:35:19.760 --> 01:35:26.480]  that an actual point as soon as the envelope touches the judge's hands i state i hereby invoke
[01:35:26.480 --> 01:35:31.280]  your duties as a magistrate well you may want to wait until he actually opens it and looks at it
[01:35:31.280 --> 01:35:40.160]  because if he just sets it on the desk then he'll never know what it is oh he'll know because i
[01:35:40.160 --> 01:35:45.920]  follow that up with what it is now if you're in your possession judge do your duty okay mike
[01:35:45.920 --> 01:35:51.680]  anything else well one last quick question i'll try to make it real quick um i've done everything
[01:35:51.680 --> 01:35:57.600]  that i can think of to try to get them to disclose information regarding audio and video and they
[01:35:57.600 --> 01:36:03.120]  just absolutely refuse you're going to have to you're going to have to use discovery i use
[01:36:03.120 --> 01:36:09.200]  the scout well i don't i mean the civil discovery or um criminal discovery is it a criminal case
[01:36:09.200 --> 01:36:14.400]  it's a criminal case and it's criminal discovery there was a court order for the prosecutor to
[01:36:14.400 --> 01:36:23.600]  produce it and the prosecutor has um overtly then file a motion for sanctions and a motion for
[01:36:23.600 --> 01:36:27.920]  findings of contempt of court against the prosecuting attorney and not only that but all
[01:36:27.920 --> 01:36:34.160]  this is wrapped up with this corrupt court reporter who refuses to who still refuses to give you
[01:36:34.800 --> 01:36:41.280]  the transcripts by the date of the trial which has been continued by the way you have you sent
[01:36:41.280 --> 01:36:48.000]  a tort letter to the court reporter yet no i haven't okay that's you need to do that immediately
[01:36:48.000 --> 01:36:54.880]  you need to notify this court reporter that you intend to sue her immediately because you you
[01:36:54.880 --> 01:36:59.600]  have to wait a certain number of days after sending a tort letter before you can actually file suits
[01:36:59.600 --> 01:37:05.920]  so the sooner the better okay i've never done that before and i'm just nervous about that so
[01:37:05.920 --> 01:37:12.400]  it's just a letter just saying that that uh you are hereby notified that you are causing a harm
[01:37:12.400 --> 01:37:18.240]  to me you are inflicting a tort upon me you are refusing to give me the transcripts and there's
[01:37:18.240 --> 01:37:24.480]  no reason for it give me the transcripts before the trial or be sued that's all you have to say
[01:37:24.480 --> 01:37:31.120]  it's just it's just a letter saying that you intend to sue unless you you uh receive your remedy and
[01:37:31.120 --> 01:37:37.360]  and i always end my tort letters with the with a one-line sentence that says repair or be sued
[01:37:37.360 --> 01:37:43.520]  so you just ask for what you want do you demand what you want you you state the nature basically
[01:37:43.520 --> 01:37:52.400]  of how you are being harmed okay it's it's going to uh dramatically affect my ability to defend
[01:37:52.400 --> 01:37:57.760]  myself at my trial if i do not receive these transcripts you're required by law to give me
[01:37:57.760 --> 01:38:03.120]  the transcripts you're refusing to give me the transcripts give me the transcripts before the
[01:38:03.120 --> 01:38:09.280]  trial or you will be sued repair or be sued okay okay so it's pretty much that simple
[01:38:10.000 --> 01:38:16.880]  and send it certified mail okay all right thank you guys very much okay sure thing mike thank you
[01:38:17.600 --> 01:38:25.040]  okay we're going now to sheldon in south carolina sheldon thank you very much what's on your mind
[01:38:25.040 --> 01:38:31.760]  tonight hi i was um couple well it's been several months ago i was arrested saying that my license
[01:38:31.760 --> 01:38:37.840]  was suspended from a ticket that i had paid two years earlier and they said charging driving
[01:38:37.840 --> 01:38:43.840]  offense taking offense and i haven't got my license back since i've been charged i'm going to court
[01:38:43.840 --> 01:38:50.400]  next week they move my court date up and i had a charge in with uh driving second offense and
[01:38:50.400 --> 01:38:57.840]  there for me i asked during the first hearing about uh what is the subject matter jurisdiction
[01:38:57.840 --> 01:39:03.440]  he told me that the job the officer had it because he stopped me in the city so i asked
[01:39:03.440 --> 01:39:09.520]  what i said well we have continuous to uh for a jury trial now they're trying to intercept you
[01:39:09.520 --> 01:39:17.600]  every since hello yeah i'm trying to decipher exactly what we're talking about here
[01:39:17.600 --> 01:39:24.960]  okay you said you have a previous offense from what they um i was arrested driving home one day
[01:39:24.960 --> 01:39:31.200]  officer sent behind my car he looked at my bumper sticker and thought we might have went to the same
[01:39:31.200 --> 01:39:38.240]  college and he ran my name inside that my license was suspended so he pulled me over and told me
[01:39:38.240 --> 01:39:43.040]  arrested me i told him that this is a sign that's not a warrant he's still arresting me he's never
[01:39:43.040 --> 01:39:48.800]  read me no warranty rest of the friend in my car for a previous warrant he was coming home from work
[01:39:48.800 --> 01:39:53.200]  i told him i had a right to travel i told him all this stuff they still lock me up they kept me
[01:39:53.200 --> 01:39:58.640]  they locked me up from nine o'clock that morning to seven o'clock that night and i um i was trying
[01:39:58.640 --> 01:40:04.960]  to beat the charge with subject matter jurisdiction carcass delicti and stuff of that nature
[01:40:06.240 --> 01:40:12.000]  and i was trying to figure out i cannot find no soccer out of law you know basically telling you
[01:40:12.000 --> 01:40:18.560]  about the driving codes or anything of anything i was wondering how could i come about this or how
[01:40:18.560 --> 01:40:26.720]  could i do this how much time you got uh they moved it up to the third of november you ain't got enough
[01:40:26.720 --> 01:40:37.280]  time to read the title well basically speaking here if you are going to be doing things that's
[01:40:37.280 --> 01:40:43.680]  things that's going to put you in a fight you better already know how to fight yes
[01:40:45.120 --> 01:40:53.200]  okay that's just a simple rule of survival uh you don't do these things lightly and it's not
[01:40:53.200 --> 01:40:59.680]  going to do you any good to throw this information at a police officer one they don't know it
[01:41:02.000 --> 01:41:04.960]  sheldon sheldon there's a lot of background noise on your end can you move to a quieter
[01:41:04.960 --> 01:41:10.720]  location please well i think it worked a lot of part of that okay all right we're gonna have to
[01:41:10.720 --> 01:41:18.080]  mute you for a second go ahead eddie okay but in any case you don't have enough time to get all
[01:41:18.080 --> 01:41:22.720]  your ducks in a row here you're already talking about something that's already happened in the
[01:41:22.720 --> 01:41:28.240]  past that they're using to bring up now how now that you know all this how much time before you
[01:41:28.240 --> 01:41:33.040]  called us and since you found this out have you actually spent reading statute trying to find out
[01:41:33.040 --> 01:41:38.720]  what they're charging you with what the elements of the charge are i mean without knowing what
[01:41:38.720 --> 01:41:44.640]  you're fighting against and what framework it exists and rests upon you can't tear it down
[01:41:45.600 --> 01:41:50.640]  okay you're swinging a sledgehammer in the dark in the astrodome trying to knock it down
[01:41:51.520 --> 01:41:58.160]  and you're in midfield okay eddie you're just not going to hit anything
[01:41:58.160 --> 01:42:04.000]  and the amount of time you got left i don't know that if you can find a main support girder to whack
[01:42:04.000 --> 01:42:11.280]  away at that's the problem the thing with soccer a lot of the judges well masters whatever like
[01:42:11.280 --> 01:42:15.200]  expert judges over anything like that they just try to change the subject they're like you're not
[01:42:15.200 --> 01:42:20.240]  talking about anything well the problem is the judge can't answer your questions if the judge
[01:42:20.240 --> 01:42:26.080]  tries to answer those questions they're outside of his ability he cannot give legal advice or
[01:42:26.080 --> 01:42:32.640]  practice law from the bench legally some of them do but they're not allowed to by law
[01:42:34.640 --> 01:42:39.600]  now the problem here is you want to challenge it on jurisdiction what's your grounds what did
[01:42:39.600 --> 01:42:44.560]  they violate that deprived them of jurisdiction what gave them jurisdiction how did they get it
[01:42:44.560 --> 01:42:48.480]  is there any way you could file a motion for continuance to try to delay the trial
[01:42:48.480 --> 01:42:51.840]  he can file it but if he doesn't know what he's asking for and give him a good faith reason as
[01:42:51.840 --> 01:42:58.400]  to why they're not going to grant it yeah that's true well like i said there was no due process
[01:42:58.400 --> 01:43:05.760]  we would never read any okay what law supports your reasoning that you were denied due process
[01:43:06.800 --> 01:43:12.880]  sheldon's opinion is not law sheldon's hurt feelings about denial of due process
[01:43:12.880 --> 01:43:18.480]  carries no weight where's the law that supports your determination that's what you've got to hit
[01:43:18.480 --> 01:43:25.840]  them with if you can't do that like i said you're in midfield in the dark okay so light of travel
[01:43:25.840 --> 01:43:30.880]  any of that there's none that's going to work that's not a challenge of jurisdiction that's
[01:43:30.880 --> 01:43:37.840]  a challenge on the merits you don't attack merits first you attack how they get jurisdiction first
[01:43:37.840 --> 01:43:46.000]  you attack the process first they're not the same thing well i was looking over to see can i get
[01:43:46.000 --> 01:43:51.760]  back into thursday or friday okay call back in thursday sheldon okay thank you okay okay we'll
[01:43:51.760 --> 01:43:56.160]  be right back folks mark from wisconsin is next then joe from austin
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[01:46:20.000 --> 01:46:25.760]  okay folks we are back we're going to your calls mark in wisconsin call back in mark thanks for
[01:46:25.760 --> 01:46:32.480]  calling back in what's on your mind thanks uh yeah sorry about hanging up on you uh eddie uh
[01:46:32.480 --> 01:46:38.880]  i'm calling about those uh five open carry guys in wisconsin who got arrested for uh for carrying
[01:46:38.880 --> 01:46:46.720]  uh weapons openly at a restaurant yeah uh i was is a ticket assigned is that signed under oath
[01:46:48.160 --> 01:46:53.760]  not that i'm aware of who's who's administering the oath i don't see two cops standing or going
[01:46:53.760 --> 01:46:57.920]  to do you hereby solemnly swear that all the facts contained in this citation are true and correct
[01:46:57.920 --> 01:47:02.240]  to the best of your knowledge and ability i don't recall ever seeing one of them do that
[01:47:04.000 --> 01:47:08.240]  okay all right is a citation a security instrument nope
[01:47:10.800 --> 01:47:12.240]  jeez i'm running out of charges
[01:47:15.520 --> 01:47:22.160]  and uh what the citation is at least as far as texas is concerned falsification of a government
[01:47:22.160 --> 01:47:32.480]  document misuse of a government document abusive process impersonating a judicial officer or other
[01:47:32.480 --> 01:47:41.280]  public servant all right uh we i've got false swearing as far as the ticket goes and and miss
[01:47:41.280 --> 01:47:47.520]  in and a couple types of misconduct and conspiracy there is no swearing a ticket is not sworn that's
[01:47:47.520 --> 01:47:55.200]  the whole point oh jeez what could i get if they did it in the complaint it's aggravated perjury
[01:47:55.200 --> 01:48:02.480]  not false swearing there is no penal offense for false swearing that i'm aware of if there is tell
[01:48:02.480 --> 01:48:09.440]  me where there is in wisconsin oh okay you're in wisconsin okay uh in that case you you may
[01:48:09.440 --> 01:48:15.600]  want to look and see if there is one for uh aggravated perjury because in a court document
[01:48:15.600 --> 01:48:21.360]  sworn under oath and penalty of perjury if that's swearing at least in texas law and i'm pretty
[01:48:21.360 --> 01:48:27.120]  sure it'd probably be the same there if the intent of that is to cause harm or to create the uh
[01:48:27.120 --> 01:48:32.400]  appearance that the other is required to act upon the information contained in the document
[01:48:33.360 --> 01:48:38.800]  and it is aggravated perjury okay here it says if they make or subscribe a false statement which
[01:48:38.800 --> 01:48:43.440]  she or she does not believe is true when such oath affirmation or statement is authorized or
[01:48:43.440 --> 01:48:48.960]  required by law or is required by any public officer or governmental agency as a prerequisite
[01:48:48.960 --> 01:48:57.120]  to such officer or agency taking some official action is guilty of false swearing okay so that
[01:48:57.120 --> 01:49:04.000]  the citation would be a false statement or maybe the police report no it can only be a false it
[01:49:04.000 --> 01:49:12.720]  may be a false statement but does it specifically say the statement must be sworn no you're sure
[01:49:12.720 --> 01:49:20.160]  there's no and or conjunctive or now listen honey we've got another statue called fraudulent
[01:49:20.160 --> 01:49:27.200]  writings that does uh say that it must be sworn they're they're similar but once one's uh taken
[01:49:27.200 --> 01:49:33.600]  from a uh a sworn signature and the other one yes from well but see the charge itself is what
[01:49:33.600 --> 01:49:39.280]  leads me to ask that question how can it be a fraudulent swearing if it's not a sworn document
[01:49:39.280 --> 01:49:47.760]  well that's a contradiction in terms uh-huh that's just what the statute says though i mean uh if they
[01:49:47.760 --> 01:49:55.760]  make uh oath affirmation or statement that's required by law uh and they know it's false then
[01:49:55.760 --> 01:50:04.320]  that's false swearing okay oath affirmation or statement required by law uh does the citation
[01:50:04.320 --> 01:50:14.240]  meet that criteria i'm going to bank the interpretation will be no i will bet you the
[01:50:14.240 --> 01:50:25.680]  criminal complaint does because it must be sworn to okay well now you may want to look and see
[01:50:25.680 --> 01:50:34.880]  falsification of a government document that would work for the citation we don't have that we've got
[01:50:34.880 --> 01:50:41.600]  uh fraudulent writings nine four three okay but if you're in if that one specifically says the
[01:50:41.600 --> 01:50:46.160]  document must be sworn that blows it out of the water right there yeah it must be signed under
[01:50:46.160 --> 01:50:54.320]  oath okay how about abuse of process uh i haven't been able to find abuse of process anywhere okay
[01:50:54.320 --> 01:51:00.240]  well just keep digging find anything you can related to any type of documentation falsification
[01:51:00.240 --> 01:51:06.720]  of a government document tampering with a government document uh abuse of process
[01:51:06.720 --> 01:51:12.720]  improper service of process any of those things that the officer shoulda coulda woulda done in
[01:51:12.720 --> 01:51:19.840]  accordance with law and failed to do okay and if he acted completely without authority then you go
[01:51:19.840 --> 01:51:25.040]  after him for assault of offenses now mark what's the whole deal with this with these five guys is
[01:51:25.040 --> 01:51:31.760]  wisconsin an open carry state yes wisconsin is an open carry state uh these men were issued obstructing
[01:51:33.760 --> 01:51:38.800]  two men were issued obstructing tickets because they refused to id themselves which they legally
[01:51:38.800 --> 01:51:44.000]  didn't have to do since they hadn't broke the law later on there were actually five subjects
[01:51:44.000 --> 01:51:49.120]  involved two were issued obstructing they were handcuffed uh falsely imprisoned and then later
[01:51:49.120 --> 01:51:55.360]  on the they withdrew the obstructing tickets and sent all five of them uh disorderly conduct tickets
[01:51:55.360 --> 01:52:02.160]  well i mean were they ever charged any offense directly related to carrying the weapons no see
[01:52:02.160 --> 01:52:08.080]  this is what's really scary to me deborah is because uh the chief of police and his uh his uh
[01:52:08.080 --> 01:52:14.000]  stupid da are trying to get get uh some sort of case law in there where they say if any person
[01:52:14.000 --> 01:52:20.960]  outside of a legal act is disturbed by your legal act you can be given a disorderly conduct well who
[01:52:20.960 --> 01:52:27.840]  was disturbed did the restaurant owner call the cops or what no a couple uh elderly women called
[01:52:27.840 --> 01:52:34.080]  the police and asked if it was legal they never said that they were disturbed oh boy well then
[01:52:34.080 --> 01:52:38.960]  they then the prosecution doesn't have a chance because they have to get statements from witnesses
[01:52:38.960 --> 01:52:44.320]  saying that they were disturbed they did they went back and they found witnesses uh detectives
[01:52:44.320 --> 01:52:49.120]  found some witnesses later on they went fishing for witnesses to see if they could find anybody
[01:52:49.120 --> 01:52:55.520]  who say they were said they were disturbed in it and i think they found some yeah but saying they
[01:52:55.520 --> 01:53:01.280]  felt disturbed is like saying that hurt my feelings sticks and stones may break my bones but words can
[01:53:01.280 --> 01:53:05.360]  never hurt me that's the whole problem with all these hate crimes laws well you can see you can
[01:53:05.360 --> 01:53:09.120]  see why this is so disturbing deborah because they're trying to get case law in the books
[01:53:09.120 --> 01:53:14.960]  right now that will segue into these hate laws yeah if someone even says anything that disturbs
[01:53:14.960 --> 01:53:21.040]  anyone else they could be given a disorder i know but but look at the definition of disturb i mean
[01:53:21.040 --> 01:53:26.720]  there is especially for public disturbance that i mean that to me just common sense would imply
[01:53:26.720 --> 01:53:31.680]  that there would have to be a ruckus of some sort not just somebody quietly sitting at their table
[01:53:31.680 --> 01:53:37.120]  brooding to themselves that they just don't like it okay they don't run on common sense in madison
[01:53:37.120 --> 01:53:41.040]  well that's what i'm saying you have to look up the legal definition of the term because usually
[01:53:41.040 --> 01:53:47.520]  a disturbance means that there is a physical disturbance it includes a loud and boisterous
[01:53:48.160 --> 01:53:52.640]  event right that's one of the elements and the other one is that someone was disturbed
[01:53:52.640 --> 01:53:56.960]  so they are missing the first element as far as i'm concerned okay well that was my point
[01:53:56.960 --> 01:54:01.440]  you i mean when i'm saying common sense i'm using common sense on what i've already researched in the
[01:54:01.440 --> 01:54:06.960]  word disturbance in law generally implies a physical disturbance of some sort not just somebody's
[01:54:06.960 --> 01:54:13.600]  getting their feelings hurt and here's the other thing too uh uh later on the uh the the chief of
[01:54:13.600 --> 01:54:20.880]  police implemented a policy that said that he wants uh anyone openly carried carrying uh accosted and
[01:54:20.880 --> 01:54:27.840]  checked for id and uh separated from their weapon da da da in contravention of the united states
[01:54:27.840 --> 01:54:34.080]  constitution the wisconsin constitution and opinion by his own attorney general who who put out an
[01:54:34.080 --> 01:54:41.200]  opinion that said openly carrying weapons is not i repeat is not disorderly conduct well there you
[01:54:41.200 --> 01:54:48.640]  go someone needs to file a suit against both this da and this chief of police directly for violations
[01:54:48.640 --> 01:54:54.880]  of the state and federal constitutions they need to file them under rico and under anything in the
[01:54:54.880 --> 01:54:59.920]  state that deals and goes toward organized criminal activity and violation of constitutional
[01:54:59.920 --> 01:55:06.160]  protection and what about malicious prosecution that is well not to mention official harassment
[01:55:06.160 --> 01:55:11.200]  there's nothing that they should not be attempting to prosecute in this situation this is malicious
[01:55:11.200 --> 01:55:17.120]  prosecution exactly you can use the chief's own documentation and policy to hang him out to dry
[01:55:17.120 --> 01:55:24.720]  uh and the statutes that i did find for that eddie are uh treason misconduct and conspiracy
[01:55:24.720 --> 01:55:30.560]  well now is this a the treason is this a state defined act of treason
[01:55:31.840 --> 01:55:38.000]  uh well disarming its citizens i mean no no no i'm not asking for what your opinion of what it is
[01:55:38.000 --> 01:55:41.840]  who defined the definition of treason you're going by the state or the federal
[01:55:41.840 --> 01:55:48.400]  i'm going by the state okay what does the state definition define treason as
[01:55:49.200 --> 01:55:56.880]  uh giving aid and comfort to uh enemies okay who are you going to prove is the enemy al-qaeda
[01:55:58.160 --> 01:56:04.000]  but there is no al-qaeda involved here well as well this is this is their dialectic and i can
[01:56:04.000 --> 01:56:09.680]  use it wait wait hold on you should be finding a statute dealing with sedition okay yes and also
[01:56:09.680 --> 01:56:13.600]  and also listen i really want to take joe we've got a little less than three minutes left
[01:56:14.480 --> 01:56:20.000]  mark can you can we can we talk about this some more on thursday sure okay great okay we're going
[01:56:20.000 --> 01:56:24.240]  to we've only got a couple minutes left joe from austin been holding for a long time joe what's on
[01:56:24.240 --> 01:56:28.240]  your mind we're trying to answer your questions quickly as possible guys the other day i overheard
[01:56:28.240 --> 01:56:34.160]  you say that on the mortgage crisis you're good with co-state to the federal and i was just going
[01:56:34.160 --> 01:56:40.560]  to ask you can we do that here in the neighborhood plan for the city of austin who allocated money
[01:56:40.560 --> 01:56:46.160]  funding for to fix homes but now they're taking the money back and giving it to somebody else
[01:56:48.160 --> 01:56:53.920]  the city of austin allocated money to give the money for the funding for remodeling the homes
[01:56:53.920 --> 01:56:58.960]  but now they're coming back and taking the money out of the pool did they issue it under a state
[01:56:58.960 --> 01:57:04.720]  uh rule or law or did they issue it under a federal well it's federal monies i believe but i'm just
[01:57:04.720 --> 01:57:11.440]  saying if it's federal monies then you can use whatever federal laws govern the distribution of
[01:57:11.440 --> 01:57:17.280]  that money if it's not federal money you're stuck with whatever the state law requirements are
[01:57:18.320 --> 01:57:23.440]  okay i don't understand how the federal government is giving the city money to renovate homes for
[01:57:23.440 --> 01:57:27.760]  better private property this doesn't make any sense to me well same way they're doing it a lot
[01:57:27.760 --> 01:57:33.200]  of other areas illegally what is up with that people's private property they need to be renovating
[01:57:33.200 --> 01:57:39.680]  their own property what's all this well there was a money that it was allocated already for the
[01:57:39.680 --> 01:57:43.600]  the purpose of remodeling homes but now they're taking the money out of the pool and taking it
[01:57:43.600 --> 01:57:50.640]  to some other neighborhood okay well again if this is federal then you need to look at possible
[01:57:50.640 --> 01:57:58.160]  possible possibly uh you know some kind of rico suit or some kind of fraud yeah you need to look
[01:57:58.160 --> 01:58:04.000]  at whatever the statutes are governing the specific act dealing with the allocation of those funds
[01:58:04.000 --> 01:58:11.520]  yeah federal you know theft of of federal funds something something like that okay quick announcement
[01:58:11.520 --> 01:58:18.640]  we're heading right over here on public street seven often okay great thank you joe okay folks
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