ROL_2010-11-01_16k.timecode

[00:00.000 --> 00:04.500]  This news brief brought to you by the International News Net.
[00:04.500 --> 00:09.000]  Dilma Rousseff, a former Marxist guerrilla nicknamed Joan of Arc,
[00:09.000 --> 00:13.500]  by those who tortured and imprisoned her during Brazil's long military dictatorship,
[00:13.500 --> 00:17.000]  was elected Sunday as the country's first woman president.
[00:17.000 --> 00:22.500]  Rousseff was the chosen successor of the popular Luis Ignacio Luz de Silva,
[00:22.500 --> 00:29.000]  whose social policies are credited with lifting 20 million Brazilians out of poverty.
[00:29.000 --> 00:34.500]  An Israeli news website reported Saturday, Israeli Prime Minister Benjamin Netanyahu
[00:34.500 --> 00:38.500]  has suggested to the U.S. they free Israeli spy Jonathan Pollard
[00:38.500 --> 00:43.000]  in exchange for extending a settlement freeze in the West Bank for 60 days.
[00:43.000 --> 00:50.000]  Pollard is serving a life term in U.S. jail for spying for Israel against its closest ally.
[00:50.000 --> 00:53.500]  Arizona Governor Jam Brewer is heading to San Francisco
[00:53.500 --> 00:58.500]  to appeal against a court's rejection of the state's strict new immigration law.
[00:58.500 --> 01:04.500]  A judge ruled in July the law improperly usurped Washington's authority on immigration policy.
[01:04.500 --> 01:08.500]  Among other provisions, it required police to check the status of suspects
[01:08.500 --> 01:12.500]  thought to be in the country illegally.
[01:12.500 --> 01:18.500]  Three Taliban leaders secretly met with Afghanistan President Harmet Karzai two weeks ago
[01:18.500 --> 01:24.500]  in an effort to weaken a powerful al-Qaeda network that straddles the border region with Pakistan.
[01:24.500 --> 01:31.500]  The meeting included a wanted former Taliban governor and an imprisoned terrorist who were flown to the capital.
[01:31.500 --> 01:36.500]  An official said the talks are part of an effort to weaken the Haqqani network,
[01:36.500 --> 01:40.500]  which is thought to be responsible for most attacks against U.S. troops.
[01:40.500 --> 01:46.500]  The network is linked to al-Qaeda and is believed to be sheltering its second-in-command Ayman al-Zawiri,
[01:46.500 --> 01:52.000]  weakening the network with bolster Karzai's effort to broker peace with the Taliban.
[01:52.000 --> 02:00.500]  The Haqqani network straddles Pakistan's North Waziristan tribal area and three eastern Afghan provinces.
[02:00.500 --> 02:03.500]  Washington Post political correspondent, David Broder,
[02:03.500 --> 02:08.500]  says the solution to Barack Obama's political and economic woes is to go to war with Iran.
[02:08.500 --> 02:12.500]  Broder argued Obama could benefit from a confrontation with Iran
[02:12.500 --> 02:17.500]  because it would strike up a war machine that would pull the U.S. out of economic stagnation.
[02:17.500 --> 02:24.500]  Broder noted with strong Republican support in Congress for challenging Iran's ambition to become a nuclear power,
[02:24.500 --> 02:30.500]  Obama could spend much of 2011 and 2012 orchestrating a showdown with the Mullahs.
[02:30.500 --> 02:37.500]  Broder qualified, quote, I'm not suggesting, of course, that the president incite a war to get re-elected,
[02:37.500 --> 02:42.500]  but the nation will rally around Obama because Iran is the greatest threat to the world.
[02:42.500 --> 02:47.500]  Foreign policy magazine writer Mark Lynch argued Broder's column was, quote,
[02:47.500 --> 02:52.500]  an interesting study in how really dumb ideas bounce around Washington, D.C.
[02:52.500 --> 03:01.500]  For more details on this story, visit www.inmworldrecord.net.
[03:01.500 --> 03:07.500]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com,
[03:07.500 --> 03:12.500]  live free speech talk radio at its best.
[03:37.500 --> 03:42.500]  Bad boys, bad boys, whatcha gonna do?
[03:42.500 --> 03:45.500]  Bad boys, bad boys, whatcha gonna do?
[03:45.500 --> 03:48.500]  Whatcha gonna do when they come for you?
[03:48.500 --> 03:51.500]  Bad boys, bad boys, whatcha gonna do?
[03:51.500 --> 03:54.500]  Whatcha gonna do when they come for you?
[03:54.500 --> 03:59.500]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:59.500 --> 04:02.500]  So why are you acting like a bloody fool?
[04:02.500 --> 04:05.500]  If you get high, then you must just cool.
[04:05.500 --> 04:08.500]  Bad boys, bad boys, whatcha gonna do?
[04:08.500 --> 04:11.500]  Whatcha gonna do when they come for you?
[04:11.500 --> 04:14.500]  Bad boys, bad boys, whatcha gonna do?
[04:14.500 --> 04:17.500]  Whatcha gonna do when they come for you?
[04:17.500 --> 04:18.500]  You chuck it on that one.
[04:18.500 --> 04:19.500]  You chuck it on this one.
[04:19.500 --> 04:22.500]  You chuck it on your mother and you chuck it on your father.
[04:22.500 --> 04:25.500]  You chuck it on your brother and you chuck it on your sister.
[04:25.500 --> 04:28.500]  You chuck it on that one and you chuck it on me!
[04:28.500 --> 04:31.500]  Bad boys, bad boys, whatcha gonna do?
[04:31.500 --> 04:33.500]  Whatcha gonna do when they come for you?
[04:33.500 --> 04:37.500]  Whatcha gonna do? Whatcha gonna do when they come for you?
[04:37.500 --> 04:39.000]  Bad boys, bad boys.
[04:39.000 --> 04:43.000]  Whatcha gonna do? Whatcha gonna do when they come for you?
[04:43.000 --> 04:44.500]  Bad boys, bad boys.
[04:44.500 --> 04:48.500]  Whatcha gonna do? Whatcha gonna do when they come for you?
[04:48.500 --> 04:50.500]  Nobody now give me no break.
[04:50.500 --> 04:53.000]  Alright, folks. Good evening. This is Rule of Law Radio.
[04:53.000 --> 04:54.500]  Eddie Craig, Deborah Stevens.
[04:54.500 --> 04:57.500]  I have kind of a treat for you folks tonight.
[04:57.500 --> 05:02.000]  The first hour of the show is going to be a playback of a recording made today
[05:02.000 --> 05:04.500]  at the Austin Mayor's Office.
[05:04.500 --> 05:10.500]  I went down and helped a young lady file a motion in her traffic ticket case
[05:10.500 --> 05:14.500]  for a completely bogus ticket written after a traffic accident.
[05:14.500 --> 05:21.500]  She was not even at fault in the accident and the officer still cited her for the accident.
[05:21.500 --> 05:27.500]  But we went down today and we gave a copy of the motion that we filed to the Mayor's Office.
[05:27.500 --> 05:30.500]  And we sat down and met with his liaison.
[05:30.500 --> 05:33.500]  Unfortunately, the Mayor was on his way out as we were on our way in.
[05:33.500 --> 05:37.500]  But we did meet with his liaison and personal assistant.
[05:37.500 --> 05:41.500]  And she took the information and we had quite a discussion.
[05:41.500 --> 05:45.500]  So what I'd like to play for you now is the recording of that discussion.
[05:45.500 --> 05:47.500]  And it will take up the entire first hour.
[05:47.500 --> 05:50.500]  The actual clip's just right at 45 minutes long.
[05:50.500 --> 05:54.500]  But with the breaks and everything, it should take us right up to the top of the hour.
[05:54.500 --> 05:59.500]  After the top of the hour, we will be taking phone calls, questions, comments on what the recording is
[05:59.500 --> 06:02.500]  or your own issues if you have any.
[06:02.500 --> 06:06.500]  So without further ado, Ms. Deborah, will you key that up and let's let it play?
[06:06.500 --> 06:07.500]  Yes, absolutely.
[06:07.500 --> 06:09.500]  And folks, I listened to the first couple of minutes of it.
[06:09.500 --> 06:17.500]  And the individual who had the recorder in his pocket also had it in the same pocket as the cell phone.
[06:17.500 --> 06:19.500]  And they were banging into each other.
[06:19.500 --> 06:21.500]  And it's pretty bad in the first couple of minutes.
[06:21.500 --> 06:23.500]  But Eddie said that it settled down.
[06:23.500 --> 06:27.500]  So just forgive the pocket noise that's intermittent, folks.
[06:27.500 --> 06:30.500]  And this should be a little lesson for all of us.
[06:30.500 --> 06:35.500]  When you take your recorders around, don't have anything else in the same pocket.
[06:35.500 --> 06:39.500]  Don't have loose items like change or your phone or pens or pencils or whatever
[06:39.500 --> 06:42.500]  because all of that is just going to make rattling noise.
[06:42.500 --> 06:47.500]  So all right, here we go.
[06:47.500 --> 06:48.500]  Hello there.
[06:48.500 --> 06:49.500]  Hi.
[06:49.500 --> 06:50.500]  Thank you.
[06:50.500 --> 06:51.500]  What's your name?
[06:51.500 --> 06:52.500]  Janet.
[06:52.500 --> 06:53.500]  Janet.
[06:53.500 --> 06:54.500]  Janet.
[06:54.500 --> 06:55.500]  Hi.
[06:55.500 --> 06:56.500]  Pretty good.
[06:56.500 --> 06:58.500]  Okay, I'm going to give you about 10 minutes.
[06:58.500 --> 06:59.500]  That's perfect.
[06:59.500 --> 07:02.500]  No, no, I've got to get back before we get a ticket.
[07:02.500 --> 07:04.500]  That's for money in the meter.
[07:04.500 --> 07:06.500]  We don't want you to get a ticket.
[07:06.500 --> 07:14.500]  Thank you so much, Janet.
[07:14.500 --> 07:15.500]  Oh, man.
[07:15.500 --> 07:18.500]  Woo, we got this whole room to ourselves.
[07:18.500 --> 07:19.500]  That's how important it is.
[07:19.500 --> 07:20.500]  Sit up here.
[07:20.500 --> 07:26.500]  The mayor hates them outside, so I thought we could come in and have a drink with that for a minute.
[07:26.500 --> 07:29.500]  You know, we actually went by him in the elevator as we were coming up.
[07:29.500 --> 07:31.500]  Oh, did you?
[07:31.500 --> 07:33.500]  I did not know it was the mayor, but she recognized him.
[07:33.500 --> 07:34.500]  She recognized him?
[07:34.500 --> 07:35.500]  Right.
[07:35.500 --> 07:36.500]  Okay.
[07:36.500 --> 07:39.500]  Okay, now we left the lady out front a copy of this.
[07:39.500 --> 07:44.500]  But basically what this is about is this is a motion that we filed in her case
[07:44.500 --> 07:50.500]  and it is what we expect to happen.
[07:50.500 --> 07:55.500]  This outlines where the court and the police officers are violating the Code of Criminal Procedures
[07:55.500 --> 08:00.500]  and the Texas Transportation Code in the way they conduct business at the municipal court.
[08:00.500 --> 08:05.500]  They are completely denying a defendant's right to due process.
[08:05.500 --> 08:09.500]  Part of that problem is it's written directly into the statute that way.
[08:09.500 --> 08:14.500]  The other part of it is is where the statute is clear on this is what they're supposed to do,
[08:14.500 --> 08:16.500]  they are not doing it.
[08:16.500 --> 08:19.500]  So basically what they're doing is they are turning the municipal court,
[08:19.500 --> 08:24.500]  as far as misdemeanor fines on the offenses are concerned, into a money mill.
[08:24.500 --> 08:30.500]  And they are doing it and sacrificing due process to the accused at every turn.
[08:30.500 --> 08:35.500]  The judges, 99% of the time, will not read the motion.
[08:35.500 --> 08:37.500]  They'll just deny them out of hand.
[08:37.500 --> 08:39.500]  Okay?
[08:39.500 --> 08:44.500]  Now, this motion is very, very specific on portions of law that is violated
[08:44.500 --> 08:48.500]  the moment the police officer initiates the traffic stop.
[08:48.500 --> 08:50.500]  Okay?
[08:50.500 --> 08:54.500]  What this does is it documents everything that officer was supposed to do
[08:54.500 --> 08:57.500]  to be in compliance with law and doesn't do.
[08:57.500 --> 09:00.500]  For instance, when the officer issues a citation that says,
[09:00.500 --> 09:03.500]  this is your promise to appear, that's illegal.
[09:03.500 --> 09:06.500]  It is in direct violation of Texas law.
[09:06.500 --> 09:11.500]  The legislature has attempted to give him authority to issue a summons,
[09:11.500 --> 09:13.500]  which he cannot do.
[09:13.500 --> 09:18.500]  That is judicial branch only function, and he is an executive officer.
[09:18.500 --> 09:20.500]  He cannot issue a summons.
[09:20.500 --> 09:22.500]  Okay?
[09:22.500 --> 09:25.500]  Then when you go to court and you file the motion,
[09:25.500 --> 09:27.500]  they refuse to let you see a magistrate.
[09:27.500 --> 09:30.500]  They even tell you, you are not here to see a magistrate,
[09:30.500 --> 09:32.500]  you're here to enter a plea.
[09:32.500 --> 09:34.500]  That is also illegal.
[09:34.500 --> 09:36.500]  The code is very clear.
[09:36.500 --> 09:41.500]  A plea can only be entered after a jury has been impaneled in the case.
[09:41.500 --> 09:45.500]  You're not even up to that stage yet, and they want you to enter a plea.
[09:45.500 --> 09:48.500]  The other problem that makes it illegal is,
[09:48.500 --> 09:51.500]  there is no signed and verified complaint on file with the court.
[09:51.500 --> 09:54.500]  There is no charging instrument accompanying that signed
[09:54.500 --> 09:56.500]  and verified complaint at the court.
[09:56.500 --> 09:58.500]  In other words, there must be an indictment or information
[09:58.500 --> 10:01.500]  according to law and the Texas Constitution.
[10:01.500 --> 10:03.500]  Neither of those exists.
[10:03.500 --> 10:07.500]  The court lacks any and all jurisdiction to accept a plea
[10:07.500 --> 10:10.500]  or to enter a plea on behalf of the defendant.
[10:10.500 --> 10:13.500]  Just flat does not exist.
[10:13.500 --> 10:19.500]  Yet, the moment you file this and will not plead because there is no complaint,
[10:19.500 --> 10:25.500]  the court then turns around illegally again and issues a failure to appear warrant.
[10:25.500 --> 10:28.500]  When you have appeared and you have complied with law,
[10:28.500 --> 10:31.500]  and you have simply pointed out that the court itself
[10:31.500 --> 10:34.500]  is the one that's not in compliance.
[10:34.500 --> 10:38.500]  So the judge, illegally, issues a warrant for your arrest.
[10:38.500 --> 10:42.500]  And the next thing you know, you get stopped again for any old reason whatsoever,
[10:42.500 --> 10:45.500]  you get arrested.
[10:45.500 --> 10:48.500]  All this is documented in that motion.
[10:48.500 --> 10:51.500]  Have you already submitted it to the law court?
[10:51.500 --> 10:54.500]  It's already filed with the court.
[10:54.500 --> 10:57.500]  It's already filed with the city attorney's office.
[10:57.500 --> 11:01.500]  But this is something the mayor needs to be aware of
[11:01.500 --> 11:05.500]  because the municipal court and the city prosecutor
[11:05.500 --> 11:08.500]  are setting the city up for a lawsuit so big
[11:08.500 --> 11:11.500]  it's going to make the national debt look like a piggy bank.
[11:11.500 --> 11:14.500]  And it will be easy to lose, I guarantee you it will be,
[11:14.500 --> 11:18.500]  because the court is documenting their actions to the degree that
[11:18.500 --> 11:21.500]  there's no way they're going to get out from under it in a court.
[11:21.500 --> 11:23.500]  There is no way.
[11:23.500 --> 11:27.500]  All you have to do is go back and look at any criminal file on that court,
[11:27.500 --> 11:30.500]  and you'll find out, found guilty, warrant issued,
[11:30.500 --> 11:33.500]  and they're not even assigned a verified complaint in the file.
[11:33.500 --> 11:36.500]  There is no charging instrument in the file.
[11:36.500 --> 11:39.500]  And yet the court issued a warrant based upon nothing more
[11:39.500 --> 11:43.500]  than an officer's accusation on a citation.
[11:43.500 --> 11:45.500]  And it's illegal. It's flat illegal.
[11:45.500 --> 11:49.500]  Let me ask, have you had an opportunity to speak with someone in the law department
[11:49.500 --> 11:53.500]  to just share with them exactly what the conversation ended on?
[11:53.500 --> 11:55.500]  If you can find one that will actually listen,
[11:55.500 --> 11:57.500]  I will be more than happy to do that.
[11:57.500 --> 12:01.500]  The problem is, they all insist they know more than you
[12:01.500 --> 12:04.500]  because this is how they've done it for a decade or more.
[12:04.500 --> 12:08.500]  The problem is, for a decade or more, they have not been in compliance with law.
[12:08.500 --> 12:11.500]  And no matter how long they've been doing it,
[12:11.500 --> 12:14.500]  that does not validate an illegal act.
[12:14.500 --> 12:16.500]  And that's what they're doing.
[12:16.500 --> 12:20.500]  And that makes it very clear because it goes through it code section by code section
[12:20.500 --> 12:24.500]  and constitutional provision by constitutional provision.
[12:24.500 --> 12:29.500]  So you really, today you want to be sure that the mayor is aware of what has been submitted
[12:29.500 --> 12:31.500]  in this passage to the law department?
[12:31.500 --> 12:32.500]  That's exactly what I want.
[12:32.500 --> 12:36.500]  For the mayor to be aware that his municipal court judge
[12:36.500 --> 12:41.500]  is turning that money mill into a liability for the city.
[12:41.500 --> 12:45.500]  And it will be a lawsuit based on constitutional tort,
[12:45.500 --> 12:49.500]  and it will hold water because I've got a stack of case laws this high
[12:49.500 --> 12:52.500]  that will make it hold water.
[12:52.500 --> 12:55.500]  And I'm not trying to make it sound like a threat or anything.
[12:55.500 --> 12:58.500]  I'm trying to make him understand the gravity of the situation.
[12:58.500 --> 13:00.500]  It is a severe problem.
[13:00.500 --> 13:05.500]  The people of Texas, not just Austin, but of Texas in general,
[13:05.500 --> 13:08.500]  did not hire our public servants and elect them to office
[13:08.500 --> 13:14.500]  to take money out of our pockets to copper plate their buildings with
[13:14.500 --> 13:17.500]  or to pay exorbitant salaries too.
[13:17.500 --> 13:19.500]  We didn't do it for that reason.
[13:19.500 --> 13:24.500]  The entire reason we made government as the people was to protect our rights.
[13:24.500 --> 13:27.500]  And our right to due process is one of those.
[13:27.500 --> 13:30.500]  And the municipal court is in violation?
[13:30.500 --> 13:32.500]  Oh, very big time in violation.
[13:32.500 --> 13:33.500]  Okay.
[13:33.500 --> 13:34.500]  Okay.
[13:34.500 --> 13:37.500]  Well, have you already sent us a copy or is it for the mayor?
[13:37.500 --> 13:41.500]  The lady at the front has one that's already stamped and ready for the mayor,
[13:41.500 --> 13:44.500]  and we have one copy, but if you wouldn't mind stamping the other copy
[13:44.500 --> 13:47.500]  that was received by your office, we'd greatly appreciate it.
[13:47.500 --> 13:48.500]  Okay.
[13:48.500 --> 13:49.500]  So which one will?
[13:49.500 --> 13:51.500]  I'll stamp the one that we're actually going to receive.
[13:51.500 --> 13:52.500]  You can get rid of one of them.
[13:52.500 --> 13:54.500]  As long as you have at least one in your record, you're fine.
[13:54.500 --> 13:55.500]  Okay, just one?
[13:55.500 --> 13:56.500]  Yeah.
[13:56.500 --> 13:57.500]  Okay.
[13:57.500 --> 13:58.500]  So she did come back in this system.
[13:58.500 --> 13:59.500]  Yes.
[13:59.500 --> 14:00.500]  You want their stamp on your copy.
[14:00.500 --> 14:01.500]  Yes.
[14:01.500 --> 14:02.500]  Okay.
[14:02.500 --> 14:03.500]  Hold on just a second.
[14:03.500 --> 14:04.500]  I hope that's a good stamp.
[14:04.500 --> 14:07.500]  Does she need to go in about her situation?
[14:07.500 --> 14:09.500]  What happened with the office?
[14:09.500 --> 14:11.500]  Oh, well, I don't know.
[14:11.500 --> 14:12.500]  We can ask her when she comes back.
[14:12.500 --> 14:13.500]  When you come back.
[14:13.500 --> 14:17.500]  I'm just wondering if that's something that we should...
[14:17.500 --> 14:18.500]  It might be.
[14:18.500 --> 14:19.500]  Absolutely.
[14:19.500 --> 14:20.500]  Yes.
[14:20.500 --> 14:22.500]  She's the one I talked to last time.
[14:22.500 --> 14:24.500]  Why are the people at the front, the ones that give a hard time,
[14:24.500 --> 14:26.500]  that have no power, they're going to...
[14:26.500 --> 14:29.500]  Because their job is to run interference to keep you out of big trouble.
[14:29.500 --> 14:30.500]  Okay.
[14:30.500 --> 14:31.500]  They're gatekeepers.
[14:31.500 --> 14:32.500]  Okay.
[14:32.500 --> 14:33.500]  That's why I wanted this one.
[14:33.500 --> 14:36.500]  Their job is to try to make you want to be someone else.
[14:36.500 --> 14:37.500]  Okay.
[14:37.500 --> 14:42.500]  All right.
[14:42.500 --> 14:46.500]  Now, the only other thing that leaves is in her specific incident
[14:46.500 --> 14:51.500]  in which this is filed, the municipal police officer has intentionally
[14:51.500 --> 14:54.500]  and knowingly falsified the police report in this case.
[14:54.500 --> 14:58.500]  He conducted an extremely shoddy investigation of the traffic accident
[14:58.500 --> 15:03.500]  she was involved in, completely misapplied the situation
[15:03.500 --> 15:07.500]  and the facts in his investigation.
[15:07.500 --> 15:13.500]  When a 16-year-old young man with an automobile full of five young girls,
[15:13.500 --> 15:15.500]  to and around town, what time of night?
[15:15.500 --> 15:16.500]  About 8 o'clock.
[15:16.500 --> 15:20.500]  About 8 o'clock, cut from his lane directly in front of her car
[15:20.500 --> 15:27.500]  at such a point where she went under his vehicle on the side, okay,
[15:27.500 --> 15:32.500]  and damaged her car to the point of taking the front wheel off of it.
[15:32.500 --> 15:37.500]  She then tried to flag him down, and he tried to leave the scene.
[15:37.500 --> 15:38.500]  He finally stopped.
[15:38.500 --> 15:42.500]  They talked to him for, what, 30, 45 minutes before the police officers
[15:42.500 --> 15:43.500]  actually arrived.
[15:43.500 --> 15:44.500]  She called 911.
[15:44.500 --> 15:45.500]  Yes.
[15:45.500 --> 15:49.500]  She called 911, just trying to get a copy of that tape now, okay.
[15:49.500 --> 15:53.500]  But when it was all said and done, the officers issued,
[15:53.500 --> 15:55.500]  would you show her your citation?
[15:55.500 --> 15:56.500]  Okay.
[15:56.500 --> 16:01.500]  Issued a citation to her and accused her of hitting him from behind.
[16:01.500 --> 16:04.500]  There's no damage to the rear of this kid's vehicle.
[16:04.500 --> 16:07.500]  It was on the side, if there was any damage to it at all,
[16:07.500 --> 16:08.500]  because that's where it was.
[16:08.500 --> 16:12.500]  He cut across her car with his truck, all right.
[16:12.500 --> 16:16.500]  But the officers came back to her and admitted they couldn't understand
[16:16.500 --> 16:17.500]  what the kid was saying.
[16:17.500 --> 16:18.500]  They had a language problem.
[16:18.500 --> 16:20.500]  They never called an interpreter.
[16:20.500 --> 16:23.500]  They never called anybody out there to get a proper set of information.
[16:23.500 --> 16:26.500]  They just simply issued her a ticket and let the kid go.
[16:26.500 --> 16:28.500]  And they didn't speak to me.
[16:28.500 --> 16:29.500]  Right.
[16:29.500 --> 16:31.500]  They never asked her a question.
[16:31.500 --> 16:35.500]  They never asked her a friend in the car with her.
[16:35.500 --> 16:39.500]  All right, folks, we'll be right back.
[16:39.500 --> 16:43.500]  This is Eddie's encounter at the Austin mayor's office today.
[16:43.500 --> 16:45.500]  We'll be right back.
[16:45.500 --> 17:01.500]  Music
[17:01.500 --> 17:05.500]  Capital Coin and Bullion is your local source for rare coins,
[17:05.500 --> 17:08.500]  precious metals, and coin supplies in the Austin metro area.
[17:08.500 --> 17:10.500]  We also ship worldwide.
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[17:14.500 --> 17:16.500]  on your coin and metals purchases.
[17:16.500 --> 17:21.500]  We buy, sell, trade, and consign rare coins, gold and silver coin collections,
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[17:27.500 --> 17:29.500]  We offer daily specials on coins and bullions.
[17:29.500 --> 17:34.500]  We're located at 5448 Barnett Road, Suite 3,
[17:34.500 --> 17:37.500]  and we're open Monday through Friday, 10 a.m. to 6 p.m.
[17:37.500 --> 17:39.500]  Saturdays, 10 a.m. to 5 p.m.
[17:39.500 --> 17:42.500]  You are welcome to stop in our shop during regular business hours
[17:42.500 --> 17:48.500]  or call 512-646-6440 with any questions.
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[17:53.500 --> 18:00.500]  That's Capital Coin and Bullion, 512-646-6440.
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[18:49.500 --> 18:57.500]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.500 --> 19:12.500]  to learn how to stop debt collectors now.
[19:12.500 --> 19:27.500]  Thank you very much.
[19:42.500 --> 19:57.500]  Thank you.
[19:57.500 --> 20:12.500]  Thank you.
[20:12.500 --> 20:39.500]  Okay, folks, we are back.
[20:39.500 --> 20:45.500]  We are back.
[20:45.500 --> 20:51.500]  And by the way, tonight is November 1st, 2010.
[20:51.500 --> 20:53.500]  And we've got the phones off right now.
[20:53.500 --> 20:55.500]  We're playing this clip.
[20:55.500 --> 20:58.500]  And as soon as it's done, we will turn the phones on.
[20:58.500 --> 21:03.500]  So again, this is Eddie Craig at the city mayor's office today,
[21:03.500 --> 21:08.500]  November 1st, talking about the corruption in the municipal court system.
[21:08.500 --> 21:24.500]  All right, here we go.
[21:24.500 --> 21:29.500]  Okay, I want to pause right here because this is typical.
[21:29.500 --> 21:33.500]  And, you know, I don't want to point any fingers or make any stereotypes,
[21:33.500 --> 21:38.500]  but I heard something in the clip about a language problem.
[21:38.500 --> 21:47.500]  And I'm not sure, it wouldn't surprise me if this kid was not a properly documented immigrant
[21:47.500 --> 21:49.500]  or citizen of this country.
[21:49.500 --> 21:53.500]  And what's been happening with the federalization of the police forces
[21:53.500 --> 22:00.500]  and all the municipalities, they're being trained by the feds to let the illegals go,
[22:00.500 --> 22:03.500]  give them a ticket, don't give them anything, don't hurt them at all,
[22:03.500 --> 22:06.500]  doesn't matter, DUI, people dying, doesn't matter.
[22:06.500 --> 22:11.500]  If they're illegal, let them walk and throw the book at the citizens.
[22:11.500 --> 22:16.500]  And so it wouldn't surprise me one bit if that's what happened in this woman's situation.
[22:16.500 --> 22:19.500]  All right, here's the rest of the clip.
[22:19.500 --> 22:22.500]  And now that's why she's got to go to court.
[22:22.500 --> 22:26.500]  Okay, turns out the kid admitted he had no driver's license,
[22:26.500 --> 22:28.500]  and he's not required to have one.
[22:28.500 --> 22:30.500]  That's not my issue.
[22:30.500 --> 22:33.500]  But they're going to turn around and write her a ticket for an accident
[22:33.500 --> 22:37.500]  that's obviously, if anybody's looking, his fault.
[22:37.500 --> 22:41.500]  Even the body shop, and she's in the process of getting an affidavit from the body shop right now,
[22:41.500 --> 22:47.500]  that clearly states there is absolute proof and evidence in the way the car is damaged
[22:47.500 --> 22:56.500]  and the tire marks on her fender from his truck that show there's no way he was hit from behind,
[22:56.500 --> 22:58.500]  which is what instigated this here.
[22:58.500 --> 22:59.500]  But this is just an example.
[22:59.500 --> 23:02.500]  It starts with the police officers.
[23:02.500 --> 23:04.500]  They just do whatever they like.
[23:04.500 --> 23:06.500]  They don't read the law, and they'll admit it to you.
[23:06.500 --> 23:08.500]  I don't have to read the law.
[23:08.500 --> 23:10.500]  I just have to enforce it.
[23:10.500 --> 23:16.500]  Well, how do you enforce something that you just admitted you've never even read?
[23:16.500 --> 23:18.500]  So I have two things here.
[23:18.500 --> 23:21.500]  I want to be sure that I'm hearing you correctly.
[23:21.500 --> 23:28.500]  This, you want the mayor to be sure he understands the intent and everything that's in here.
[23:28.500 --> 23:33.500]  And copy is on file with the city court's office, which goes to law.
[23:33.500 --> 23:42.500]  The other part is this accident is what kind of initiated all of this effort to pursue.
[23:42.500 --> 23:53.500]  The incident with you and the teenage driver, young man, whatever,
[23:53.500 --> 23:57.500]  the reason I'm asking is I had something similar happen to a family member.
[23:57.500 --> 24:01.500]  And it was a fight, but it was a fight where we had to get an attorney.
[24:01.500 --> 24:07.500]  And they won, but they had to get a private attorney to prove what you said,
[24:07.500 --> 24:12.500]  like where you get an affidavit from the record company to show.
[24:12.500 --> 24:18.500]  I'm helping her what she's, I've had her and her friend fill out affidavits separately
[24:18.500 --> 24:22.500]  of exactly what occurred that night.
[24:22.500 --> 24:26.500]  She's getting one from the body shop that the car was taken to.
[24:26.500 --> 24:30.500]  We're going to be seeking pictures of the other automobile,
[24:30.500 --> 24:34.500]  and we're going to be seeking information from the parents of the teenage driver
[24:34.500 --> 24:40.500]  who specifically, according to him, didn't even know he had the automobile out that night.
[24:40.500 --> 24:42.500]  Yeah, they borrowed it.
[24:42.500 --> 24:48.500]  So the police report, do you have a police report of this, Sid?
[24:48.500 --> 24:50.500]  Yes, but now here's the problem.
[24:50.500 --> 25:01.500]  To show how observant the officer isn't, her ticket says she is a Hispanic male.
[25:01.500 --> 25:05.500]  That would be a little bit hard to mistake in my book.
[25:05.500 --> 25:08.500]  This is how much attention to detail we're talking here.
[25:08.500 --> 25:10.500]  Well, we can't write the kid a ticket.
[25:10.500 --> 25:12.500]  There's a good possibility because of the language barrier
[25:12.500 --> 25:16.500]  and the fact that he has no license or anything else, he's an illegal alien.
[25:16.500 --> 25:18.500]  It's possible.
[25:18.500 --> 25:21.500]  So here's somebody that we have information on.
[25:21.500 --> 25:23.500]  Let's just get money out of her.
[25:23.500 --> 25:25.500]  Write her a ticket.
[25:25.500 --> 25:27.500]  Make it up, but write one.
[25:27.500 --> 25:31.500]  And then even on the police report, the facts in the police report
[25:31.500 --> 25:36.500]  are absolutely against the facts of what happened.
[25:36.500 --> 25:40.500]  There is no question here that it's a falsified police report.
[25:40.500 --> 25:46.500]  That liability I spoke of earlier, there are two prongs to that in this case,
[25:46.500 --> 25:50.500]  one from the police, one from the municipal court.
[25:50.500 --> 25:55.500]  That's going to be a problem because it's going to be very easy
[25:55.500 --> 26:00.500]  to show these officers did not do their job with due diligence.
[26:00.500 --> 26:03.500]  They did it for convenience.
[26:03.500 --> 26:05.500]  But I hear two issues here.
[26:05.500 --> 26:06.500]  You are correct on the two.
[26:06.500 --> 26:07.500]  Okay.
[26:07.500 --> 26:11.500]  I just want to be sure that I'm letting the mayor understand
[26:11.500 --> 26:16.500]  that this has been brought to the police office
[26:16.500 --> 26:20.500]  and kind of like what initiated that prostitute.
[26:20.500 --> 26:24.500]  The accident issue is what initiated that.
[26:24.500 --> 26:26.500]  I'm sorry.
[26:26.500 --> 26:29.500]  On the police report, does it have the teenager's name
[26:29.500 --> 26:31.500]  or just the truck model?
[26:31.500 --> 26:34.500]  I have not gotten to go specifically through it yet,
[26:34.500 --> 26:36.500]  but she's going to make me a copy of it to look at.
[26:36.500 --> 26:38.500]  But we'll see if it does or not.
[26:38.500 --> 26:40.500]  It might.
[26:40.500 --> 26:42.500]  But if it's all right with you, she could call you back
[26:42.500 --> 26:45.500]  and give you the information as far as the police report number and things,
[26:45.500 --> 26:48.500]  and you could pull a copy of it yourself and see what it's got.
[26:48.500 --> 26:54.500]  The only reason I was asking, I was just wondering how much,
[26:54.500 --> 26:57.500]  like you're alleged, if any percentage was accurate
[26:57.500 --> 27:00.500]  of the police report.
[27:00.500 --> 27:02.500]  It's hard to guess how much of what they wrote down
[27:02.500 --> 27:07.500]  was actually true to the fact other than the actual location.
[27:07.500 --> 27:08.500]  I don't.
[27:08.500 --> 27:10.500]  There's so many errors.
[27:10.500 --> 27:11.500]  I was shocked.
[27:11.500 --> 27:14.500]  I haven't received a ticket in about 20 years.
[27:14.500 --> 27:16.500]  And so when I saw it, I was just completely shocked.
[27:16.500 --> 27:20.500]  I mean, even stating that his vehicle was damaged tremendously
[27:20.500 --> 27:22.500]  from me sitting directly behind him,
[27:22.500 --> 27:24.500]  I didn't have a scratch.
[27:24.500 --> 27:28.500]  Even, you know, admitting that nothing was wrong with his vehicle.
[27:28.500 --> 27:30.500]  And the diagram, it didn't show that he cut me off.
[27:30.500 --> 27:35.500]  It's different age, different sex, different race.
[27:35.500 --> 27:36.500]  A comedy of errors.
[27:36.500 --> 27:39.500]  It's completely, it's ridiculous.
[27:39.500 --> 27:41.500]  It's a substantial amount.
[27:41.500 --> 27:47.500]  At a minimum, between 60 and 70 percent is absolutely wrong.
[27:47.500 --> 27:50.500]  Also, this lady has explained,
[27:50.500 --> 27:53.500]  and I wasn't there, I'm going by what she said,
[27:53.500 --> 27:55.500]  that she was put in a state of duress,
[27:55.500 --> 27:59.500]  and she's scared that she's going to, you know...
[27:59.500 --> 28:02.500]  Right now, she's got the problem of being under the stress
[28:02.500 --> 28:04.500]  that because she went down and filed this
[28:04.500 --> 28:07.500]  and refused to enter a plea because there is no complaint
[28:07.500 --> 28:09.500]  and there is no charging instrument,
[28:09.500 --> 28:11.500]  tomorrow she's going to have a warrant put out
[28:11.500 --> 28:13.500]  for her arrest from the municipal court
[28:13.500 --> 28:15.500]  claiming that she failed to appear.
[28:15.500 --> 28:17.500]  And she's got stamped copies saying she was there,
[28:17.500 --> 28:20.500]  but just flat told she wasn't going to get to see a magistrate.
[28:20.500 --> 28:22.500]  We just want you to plead.
[28:22.500 --> 28:24.500]  Well, there's another problem with that aspect of it.
[28:24.500 --> 28:28.500]  Where does Texas law authorize a court clerk to act as a judge
[28:28.500 --> 28:31.500]  and accept a plea from anybody?
[28:31.500 --> 28:33.500]  There is no authority in law for that.
[28:33.500 --> 28:36.500]  A clerk cannot take a plea.
[28:36.500 --> 28:40.500]  That's a function for a magistrate, not a court clerk.
[28:40.500 --> 28:42.500]  And yet, that's exactly the process.
[28:42.500 --> 28:45.500]  You walk in, you see nobody but a clerk.
[28:45.500 --> 28:46.500]  Well, I need to see the magistrate.
[28:46.500 --> 28:48.500]  Well, you're not going to see the magistrate.
[28:48.500 --> 28:49.500]  I need to see the magistrate.
[28:49.500 --> 28:51.500]  Well, you can't see the magistrate.
[28:51.500 --> 28:52.500]  Yet, when you sign that ticket,
[28:52.500 --> 28:55.500]  that's exactly what you're signing the alleged promise to do.
[28:55.500 --> 28:58.500]  You come see a magistrate, not a clerk.
[28:58.500 --> 29:02.500]  So there's no opportunity...
[29:02.500 --> 29:08.500]  Not until you go to trial or you manage to schedule a motions hearing,
[29:08.500 --> 29:12.500]  which the judges most of the time also will not do,
[29:12.500 --> 29:14.500]  because they just deny the motion out of hand.
[29:14.500 --> 29:17.500]  They don't read them, just none,
[29:17.500 --> 29:19.500]  if they bother to respond to them at all.
[29:19.500 --> 29:23.500]  But the judges seem to forget, the law is very clear,
[29:23.500 --> 29:26.500]  an unsigned order is a denied order.
[29:26.500 --> 29:30.500]  And when you file a motion in a court for a fair and impartial trial,
[29:30.500 --> 29:36.500]  and a judge denies it, what's that going to tell you?
[29:36.500 --> 29:38.500]  All right, folks, we'll be right back.
[29:38.500 --> 29:42.500]  As I said, this guy had no driver's license, no documentation,
[29:42.500 --> 29:44.500]  likely he was an illegal alien.
[29:44.500 --> 29:46.500]  It's just the same old story.
[29:46.500 --> 29:49.500]  Let the illegals walk, don't call immigration,
[29:49.500 --> 29:50.500]  and throw the book at the citizens,
[29:50.500 --> 29:52.500]  because it's easier to get money out of them.
[29:52.500 --> 29:53.500]  I'm sick of it.
[29:53.500 --> 30:00.500]  We'll be right back.
[30:23.500 --> 30:29.500]  We'll be right back.
[30:53.500 --> 30:59.500]  We'll be right back.
[31:23.500 --> 31:29.500]  We'll be right back.
[31:53.500 --> 31:54.500]  Mr. Catherine Albrecht,
[31:54.500 --> 32:04.500]  more news and information at CatherineAlbrecht.com.
[32:04.500 --> 32:10.500]  Yes, I got the warrant, and I'm going to solve them.
[32:10.500 --> 32:14.500]  Today I'll government them, prosecute them.
[32:14.500 --> 32:18.500]  Okay.
[32:18.500 --> 32:28.500]  I'm sorry.
[32:49.500 --> 32:54.500]  Okay, so folks, just to recap so far,
[32:54.500 --> 32:59.500]  we've got this woman here, a citizen, law-abiding citizen,
[32:59.500 --> 33:04.500]  all her documentation in order, all her paperwork in order, et cetera, et cetera,
[33:04.500 --> 33:08.500]  a 16-year-old who's likely an illegal alien.
[33:08.500 --> 33:09.500]  We cannot prove that yet.
[33:09.500 --> 33:11.500]  At this point, we don't know.
[33:11.500 --> 33:13.500]  The kid did not have a driver's license.
[33:13.500 --> 33:19.500]  He's driving recklessly in the city of Austin, cuts her off, smashes into her.
[33:19.500 --> 33:24.500]  The police don't write the kid a ticket.
[33:24.500 --> 33:27.500]  They can't even talk to him because of language problem.
[33:27.500 --> 33:31.500]  Instead of trying to get an interpreter and trying to figure things out,
[33:31.500 --> 33:36.500]  they just, oh, well, let's just let the kid go, and they write the woman a ticket.
[33:36.500 --> 33:39.500]  The police falsify the police report,
[33:39.500 --> 33:41.500]  and they're trying to throw the book at the woman,
[33:41.500 --> 33:47.500]  and she can't even do anything concerning this ticket that she's been written
[33:47.500 --> 33:49.500]  because there's no complaint in the file.
[33:49.500 --> 33:52.500]  She can't enter a plea because there is no charging instrument,
[33:52.500 --> 33:58.500]  and so now there's the high concern that there's going to be a warrant for her arrest issued
[33:58.500 --> 34:03.500]  because she hasn't filed anything, or I don't know, has she filed any documents?
[34:03.500 --> 34:05.500]  Yeah, we did file her motion today,
[34:05.500 --> 34:11.500]  but the primary issue here is that because the police officers falsified the police report against her,
[34:11.500 --> 34:14.500]  her insurance company will not cover the cost of it,
[34:14.500 --> 34:17.500]  and everything for the repair of her car is coming out of her pocket,
[34:17.500 --> 34:20.500]  even though it was entirely not her fault.
[34:20.500 --> 34:21.500]  Right, exactly.
[34:21.500 --> 34:24.500]  Okay, so that is a big problem right there,
[34:24.500 --> 34:28.500]  this falsified police report by these police officers,
[34:28.500 --> 34:32.500]  and now the concern that there might be a warrant issued for this woman's arrest.
[34:32.500 --> 34:44.500]  Now, Eddie, did you guys file a motion to vacate the failure to appear by the court?
[34:44.500 --> 34:47.500]  Well, we don't know that the failure to appear has been filed.
[34:47.500 --> 34:53.500]  That would have been the normal procedure in these cases is if you won't enter a plea,
[34:53.500 --> 34:56.500]  well, we're going to just say you didn't show up.
[34:56.500 --> 34:59.500]  Unless you file something that day.
[34:59.500 --> 35:00.500]  That's why I was saying on the...
[35:00.500 --> 35:01.500]  Well, but that's what we did.
[35:01.500 --> 35:07.500]  We filed the motion today, the new motion, challenging the jurisdiction of the court.
[35:07.500 --> 35:08.500]  When was the honor before date?
[35:08.500 --> 35:09.500]  Today.
[35:09.500 --> 35:10.500]  Okay, okay.
[35:10.500 --> 35:15.500]  So if you all filed something, she probably will not have a failure to appear, but if...
[35:15.500 --> 35:21.500]  I'm willing to bet she does unless the mayor intercedes before then and brings this to the court's attention.
[35:21.500 --> 35:22.500]  I don't think so.
[35:22.500 --> 35:29.500]  Well, we'll see because, you know, I was helping someone out with a traffic ticket, you know, a couple of months ago,
[35:29.500 --> 35:36.500]  and that person filed a challenge to jurisdiction on the date of the last date of the honor before,
[35:36.500 --> 35:39.500]  and they did not get a failure to appear.
[35:39.500 --> 35:43.500]  But then there was another situation where someone had a traffic ticket,
[35:43.500 --> 35:47.500]  and they didn't file anything on the date of the honor before date.
[35:47.500 --> 35:49.500]  They just went down and said, well, I'm here.
[35:49.500 --> 35:54.500]  I want to see the magistrate, but they wouldn't let him see the magistrate, and he wouldn't enter a plea.
[35:54.500 --> 35:58.500]  And so he said, well, can you please document in my case that I did appear?
[35:58.500 --> 36:01.500]  Okay, but I can't enter a plea because I don't know what the charges are.
[36:01.500 --> 36:03.500]  Well, since he didn't file...
[36:03.500 --> 36:10.500]  I believe that it's because he didn't file anything in the case that day, that person got a failure to appear,
[36:10.500 --> 36:14.500]  and so he had to go back and file a motion to vacate the failure to appear.
[36:14.500 --> 36:20.500]  And now it looks like the court is vacating the failure to appear, and they're scheduling him a pretrial.
[36:20.500 --> 36:27.500]  Yeah, well, the thing I noticed today is there should be security video of anybody going into that court.
[36:27.500 --> 36:31.500]  So you can always show that the judge is falsifying the failure to appear
[36:31.500 --> 36:35.500]  because you are flat-told you are not going to see a magistrate.
[36:35.500 --> 36:37.500]  Right, right. Well, that's how it rolls here in Austin.
[36:37.500 --> 36:44.500]  Now, in other places, I mean, listen, it's like a well-oiled machine, the revenue, the revenue-in.
[36:44.500 --> 36:46.500]  Okay, that's why they call...
[36:46.500 --> 36:51.500]  Our grandfathers called these kinds of people the revenuers, all right, because that's all it's about.
[36:51.500 --> 36:57.500]  Now, in other places, a friend of mine, I may call in later this evening in the next hour,
[36:57.500 --> 37:02.500]  he's having a little bit more success up in College Station,
[37:02.500 --> 37:09.500]  and he actually got some of the first sets of batches of motions granted to him by the judge,
[37:09.500 --> 37:18.500]  and one of them was a motion to compel the prosecuting attorney basically to come up with a charging instrument,
[37:18.500 --> 37:23.500]  with a...I forgot what the first motion was, something about the nature and cause.
[37:23.500 --> 37:29.500]  There has to be a nature and cause, and so my friend filed a motion to compel, and the judge granted that.
[37:29.500 --> 37:33.500]  So we're starting to make some headway here, folks.
[37:33.500 --> 37:40.500]  But anyway, let's continue on with the clip.
[37:40.500 --> 37:43.500]  You're not going to be expecting any justice out of that court.
[37:43.500 --> 37:50.500]  You just got denied a fair and impartial trial.
[37:50.500 --> 37:55.500]  And it's all being done because of the Brinks trucks running back and forth in front of that building all day.
[37:55.500 --> 38:02.500]  That's what it's about. It's not about providing justice to anybody.
[38:02.500 --> 38:06.500]  It's bad, but it's fair.
[38:06.500 --> 38:15.500]  I guess what I'm looking for, I'm sorry, I will...
[38:15.500 --> 38:18.500]  She's on her thing real quick. Go ahead.
[38:18.500 --> 38:21.500]  Her contact information will be on any of the last three pages.
[38:21.500 --> 38:22.500]  Okay.
[38:22.500 --> 38:29.500]  The sign and signature block will be there on the very back for the proofs of service.
[38:29.500 --> 38:32.500]  Right down there at the bottom, right at your fingers.
[38:32.500 --> 38:34.500]  Okay.
[38:34.500 --> 38:36.500]  Because this thing cannot rest.
[38:36.500 --> 38:39.500]  It's going to go one way or the other.
[38:39.500 --> 38:43.500]  Well, I think that, understand I'll be more than happy to get my job.
[38:43.500 --> 38:44.500]  Yeah, I appreciate you. Thank you.
[38:44.500 --> 38:48.500]  I'm going to get it, you know, I'll let the mayor know that this has come in,
[38:48.500 --> 38:56.500]  that the three of you have come in to just share exactly how passionate you are behind this,
[38:56.500 --> 39:00.500]  what's the time you've put into it, but what also initiated it.
[39:00.500 --> 39:05.500]  She didn't tell you that she almost had a nervous breakdown when the police officer called for her help.
[39:05.500 --> 39:06.500]  Oh, God.
[39:06.500 --> 39:08.500]  She has a medical condition.
[39:08.500 --> 39:09.500]  I could not imagine.
[39:09.500 --> 39:15.500]  Well, the officer, when he was speaking to the other, and she can tell you,
[39:15.500 --> 39:19.500]  when he was speaking to the other gentleman, he yelled at her and said,
[39:19.500 --> 39:22.500]  get back in a loud voice.
[39:22.500 --> 39:23.500]  Yeah.
[39:23.500 --> 39:25.500]  And, you know.
[39:25.500 --> 39:27.500]  I mean, I believe you.
[39:27.500 --> 39:33.500]  I truly do. I work for the city, but I believe you.
[39:33.500 --> 39:35.500]  All of our officers are not like that,
[39:35.500 --> 39:39.500]  but unfortunately there are not enough good ones that are sensitive
[39:39.500 --> 39:42.500]  with a little bit more human decency.
[39:42.500 --> 39:45.500]  The real issue here, though, isn't about sensitivity.
[39:45.500 --> 39:47.500]  I don't care that they're sensitive.
[39:47.500 --> 39:49.500]  I care that they're respectful.
[39:49.500 --> 39:52.500]  I care that they know their job inside and out,
[39:52.500 --> 39:56.500]  not just the parts they want to know, hey, I get to shoot somebody if they make me mad.
[39:56.500 --> 39:57.500]  Okay?
[39:57.500 --> 40:00.500]  I want them to know that a public servant is a public servant.
[40:00.500 --> 40:03.500]  It doesn't matter whether they're wearing a badge and a gun.
[40:03.500 --> 40:07.500]  They're still a public servant, and their duty is to serve and protect,
[40:07.500 --> 40:10.500]  not threaten and abuse.
[40:10.500 --> 40:17.500]  And I'm running for sheriff in my county, okay, for exactly those reasons.
[40:17.500 --> 40:20.500]  And if I lived in Austin,
[40:20.500 --> 40:24.500]  I'd make a point of running for sheriff here for exactly those reasons,
[40:24.500 --> 40:29.500]  because this is the kind of stuff that needs to change.
[40:29.500 --> 40:34.500]  Was it Travis County Sheriff's Edition or APD offices on the scene?
[40:34.500 --> 40:35.500]  Both.
[40:35.500 --> 40:37.500]  APD was on the scene.
[40:37.500 --> 40:42.500]  The thing about it is, is because of Vanessa's got a vehicle that's sitting in the shop,
[40:42.500 --> 40:44.500]  at $3,000 damage, she's been harmed.
[40:44.500 --> 40:47.500]  And she's the one that's actually being forced to pay for it,
[40:47.500 --> 40:51.500]  because there was no information on the other kids' insurance or license or anything else.
[40:51.500 --> 40:53.500]  Her insurance won't pay for it.
[40:53.500 --> 40:58.500]  Because the police officers wrote the report up to make her appear at fault.
[40:58.500 --> 41:02.500]  And now it's coming off of her when she's not the one that even caused the incident.
[41:02.500 --> 41:04.500]  So that's adding to the pile.
[41:04.500 --> 41:08.500]  But the thing is, I don't know if you're familiar with it.
[41:08.500 --> 41:14.500]  You ever heard of Radio Station 9.1 here in Austin, Rule of Law radio?
[41:14.500 --> 41:16.500]  It does sound familiar.
[41:16.500 --> 41:18.500]  Okay, you need to tune into that, and I'll tell you why.
[41:18.500 --> 41:20.500]  I'm one of the co-hosts on that show.
[41:20.500 --> 41:24.500]  My specialty is due process and traffic law.
[41:24.500 --> 41:31.500]  And I can tell you a thousand different ways that the county and the municipality
[41:31.500 --> 41:36.500]  are putting themselves in hot water every single day with what they do.
[41:36.500 --> 41:40.500]  And all it's going to take is enough people like her that's willing to,
[41:40.500 --> 41:45.500]  despite the aggravation and what it's doing, to stand up and say, that's it.
[41:45.500 --> 41:46.500]  I've had enough.
[41:46.500 --> 41:51.500]  I'm going to find more people like me, and I'm going to come after you guys tooth and nail
[41:51.500 --> 41:53.500]  until something gets fixed.
[41:53.500 --> 41:58.500]  I've actually got, thanks to this gentleman, an appointment with the Texas legislature
[41:58.500 --> 42:01.500]  to introduce legislation to fix some of these things.
[42:01.500 --> 42:07.500]  To go to the legislature and show them this is where you guys have screwed the law up in this state.
[42:07.500 --> 42:09.500]  It violates the Constitution.
[42:09.500 --> 42:12.500]  It violates the very statutes you've written.
[42:12.500 --> 42:17.500]  You go back and you change one paragraph and one thing and completely alter how the law applies.
[42:17.500 --> 42:18.500]  That is illegal.
[42:18.500 --> 42:20.500]  You can't do that.
[42:20.500 --> 42:24.500]  The Constitution says when you alter an act, you must republish the act in its entirety,
[42:24.500 --> 42:27.500]  not just the portion you changed.
[42:27.500 --> 42:33.500]  And when the portion you changed changes the effect of the act, it's unconstitutional on its face.
[42:33.500 --> 42:35.500]  But they're doing it.
[42:35.500 --> 42:40.500]  And I intend to be one of the people that shows them why that's not going to be allowed anymore.
[42:40.500 --> 42:44.500]  That's what we want to fix.
[42:44.500 --> 42:52.500]  And I understand that the issue is in your position, according to the Constitution.
[42:52.500 --> 43:00.500]  I guess my question is, what happens in the meantime to you for your personal injury,
[43:00.500 --> 43:02.500]  the cost of your car?
[43:02.500 --> 43:07.500]  Do you have an attorney that would maybe, a lot of attorneys take it.
[43:07.500 --> 43:10.500]  It sounds like your case is so much in your favor,
[43:10.500 --> 43:16.500]  that there are attorneys that would take it with no charge upfront, only at the end of the case.
[43:16.500 --> 43:19.500]  There's another issue with that.
[43:19.500 --> 43:22.500]  If you put yourself in the hands of an attorney,
[43:22.500 --> 43:25.500]  not only is she not going to wind up with anything out of this,
[43:25.500 --> 43:29.500]  but he's going to throw her under the bus for his own benefit and gain.
[43:29.500 --> 43:32.500]  Watch them do it too many times.
[43:32.500 --> 43:35.500]  Most of the issues.
[43:35.500 --> 43:44.500]  And not to mention that the police report is incorrect and fabricated and fraudulent.
[43:44.500 --> 43:47.500]  And that's what needs to be fixed.
[43:47.500 --> 43:49.500]  That's why the insurance company isn't paying.
[43:49.500 --> 43:54.500]  Otherwise, she wouldn't be in such a dire situation right now.
[43:54.500 --> 44:00.500]  We'll be right back, folks.
[44:00.500 --> 44:05.500]  We'll be right back.
[44:30.500 --> 44:35.500]  We'll be right back.
[45:01.500 --> 45:03.500]  More energy.
[45:03.500 --> 45:05.500]  Stronger immune power.
[45:05.500 --> 45:08.500]  Improved sense of well-being.
[45:08.500 --> 45:12.500]  How many supplements have you heard boast of these benefits?
[45:12.500 --> 45:17.500]  The team behind Centrition believes that supplements should over-deliver on their promises.
[45:17.500 --> 45:21.500]  And Centrition does just that.
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[45:48.500 --> 45:56.500]  Visit Centrition.com to order yours or call 1-866-497-7436.
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[46:17.500 --> 46:19.500]  Okay, folks, we are back.
[46:19.500 --> 46:22.500]  We're going to continue on with the clip.
[46:22.500 --> 46:24.500]  We're not running the phones right now.
[46:24.500 --> 46:25.500]  We're going to finish this clip.
[46:25.500 --> 46:31.500]  It looks like we're going to go a little bit into the first segment of the second hour for the clip.
[46:31.500 --> 46:33.500]  After that, we'll be taking your calls.
[46:33.500 --> 46:35.500]  All right, here we go.
[46:35.500 --> 46:39.500]  For his own benefit and gain, watch them do it too many times.
[46:39.500 --> 46:43.500]  Most of the issues that are in this motion, an attorney will not even begin to argue
[46:43.500 --> 46:48.500]  because that judge will stomp on him like a roach.
[46:48.500 --> 46:57.500]  Okay, I guess my question is to argue for her to contest the police report where there's no money
[46:57.500 --> 47:01.500]  or not to actually take this issue on, but just to contest the police report.
[47:01.500 --> 47:04.500]  You think there's not an attorney that would do that?
[47:04.500 --> 47:06.500]  I'm sure there are.
[47:06.500 --> 47:11.500]  There's any number of them that would tell her they would take it if she'll either give them this much money
[47:11.500 --> 47:13.500]  or give them this much of the settlement, okay?
[47:13.500 --> 47:17.500]  But having been through that several times with attorneys and watched what they do,
[47:17.500 --> 47:22.500]  I guarantee you she's not going to be able to fit out of this deal in any way, shape, or form.
[47:22.500 --> 47:26.500]  Now, she can file suit herself, and if she's willing to learn the rules, can take it on herself,
[47:26.500 --> 47:28.500]  and I'm willing to bet she'll win it.
[47:28.500 --> 47:31.500]  But Janet, here's the thing.
[47:31.500 --> 47:32.500]  Be good.
[47:32.500 --> 47:36.500]  If you guys could, this office could get involved to make sure they're doing their job.
[47:36.500 --> 47:40.500]  If they don't, this thing could go to federal court and y'all could get drug into it.
[47:40.500 --> 47:41.500]  Oh, yes, no.
[47:41.500 --> 47:42.500]  And we don't.
[47:42.500 --> 47:44.500]  I hear you loud and clear on that.
[47:44.500 --> 47:45.500]  It's very serious.
[47:45.500 --> 47:47.500]  I was thinking about this.
[47:47.500 --> 47:52.500]  In the meantime, this lady sitting here and some idiot, this is what I was thinking about.
[47:52.500 --> 47:56.500]  Well, this office could help her make them do their job.
[47:56.500 --> 48:00.500]  They've actually gone down and talked to the actual police department
[48:00.500 --> 48:05.500]  and flat out brought up the information that, hey, this report is flat wrong.
[48:05.500 --> 48:06.500]  So?
[48:06.500 --> 48:07.500]  They don't care.
[48:07.500 --> 48:08.500]  They don't care.
[48:08.500 --> 48:10.500]  Well, the officer wrote it up incorrectly.
[48:10.500 --> 48:12.500]  So?
[48:12.500 --> 48:17.500]  That's why we want this office, your office, to get involved on this and make it right.
[48:17.500 --> 48:20.500]  I mean, if you can, you know.
[48:20.500 --> 48:22.500]  Of course, you know, I'm just the messenger.
[48:22.500 --> 48:23.500]  I know.
[48:23.500 --> 48:24.500]  I'll give all the...
[48:24.500 --> 48:25.500]  I know.
[48:25.500 --> 48:26.500]  I appreciate you.
[48:26.500 --> 48:27.500]  We deeply appreciate you.
[48:27.500 --> 48:29.500]  But it could end up costing...
[48:29.500 --> 48:30.500]  Go ahead.
[48:30.500 --> 48:31.500]  Yeah.
[48:31.500 --> 48:32.500]  I'll tell you what.
[48:32.500 --> 48:34.500]  If the mayor ever gets a hole in his schedule,
[48:34.500 --> 48:37.500]  I guarantee you that myself and Randy Kelsey, my co-host,
[48:37.500 --> 48:40.500]  would love to have a little bit of time to bend his ear
[48:40.500 --> 48:44.500]  because what I've given you today information-wise
[48:44.500 --> 48:49.500]  is it doesn't even touch the tip of the iceberg, okay,
[48:49.500 --> 48:53.500]  as to what the problems are and how they need to be addressed.
[48:53.500 --> 48:54.500]  I'm sorry, sir.
[48:54.500 --> 48:55.500]  We just jumped right into this.
[48:55.500 --> 48:56.500]  That's okay.
[48:56.500 --> 48:58.500]  I did not ask anybody's name.
[48:58.500 --> 49:00.500]  We just kind of jumped right in it.
[49:00.500 --> 49:01.500]  Eddie.
[49:01.500 --> 49:02.500]  Okay.
[49:02.500 --> 49:03.500]  Eddie.
[49:03.500 --> 49:04.500]  I'm sorry.
[49:04.500 --> 49:05.500]  Last name, Eddie?
[49:05.500 --> 49:06.500]  Craig.
[49:06.500 --> 49:07.500]  C-R-A-G.
[49:07.500 --> 49:08.500]  All righty.
[49:08.500 --> 49:11.500]  And, Eddie, tell me the title of the radio.
[49:11.500 --> 49:13.500]  Rule of Law Radio.
[49:13.500 --> 49:14.500]  Okay.
[49:14.500 --> 49:17.500]  And you can actually get it at ruleoflawradio.com as well.
[49:17.500 --> 49:18.500]  Okay.
[49:18.500 --> 49:21.500]  You can listen to it on 90.1 sometimes.
[49:21.500 --> 49:23.500]  But is it FM or...
[49:23.500 --> 49:25.500]  Yeah, 90.1 FM.
[49:25.500 --> 49:26.500]  Okay.
[49:26.500 --> 49:27.500]  All right.
[49:27.500 --> 49:29.500]  And so...
[49:29.500 --> 49:32.500]  And, Eddie, you mentioned a co-host.
[49:32.500 --> 49:34.500]  Randy Kelsey.
[49:34.500 --> 49:36.500]  Randy's specialty is due process.
[49:36.500 --> 49:39.500]  He can quote the code of criminal procedure
[49:39.500 --> 49:41.500]  like you can quote your favorite pie recipe.
[49:41.500 --> 49:44.500]  In his sleep.
[49:44.500 --> 49:45.500]  I don't know, guys.
[49:45.500 --> 49:46.500]  I've not said a whole lot.
[49:46.500 --> 49:47.500]  I don't bake.
[49:47.500 --> 49:48.500]  I find out...
[49:48.500 --> 49:49.500]  Well...
[49:49.500 --> 49:52.500]  I think there's something else.
[49:52.500 --> 49:54.500]  Me making mashed potatoes.
[49:54.500 --> 49:56.500]  Well, okay.
[49:56.500 --> 49:57.500]  You pick the analogy.
[49:57.500 --> 50:00.500]  But whatever you're most familiar with, he can do it that way.
[50:00.500 --> 50:01.500]  Okay, okay.
[50:01.500 --> 50:05.500]  But the point is is that, I mean,
[50:05.500 --> 50:09.500]  he has studied it in depth as I have.
[50:09.500 --> 50:14.500]  And I've spent 11 years and he's spent 30 on the due process.
[50:14.500 --> 50:18.500]  And I've been 11 years on the traffic code and the due process.
[50:18.500 --> 50:19.500]  And...
[50:19.500 --> 50:21.500]  He's something else.
[50:21.500 --> 50:22.500]  Yeah.
[50:22.500 --> 50:26.500]  He's already said that in the year and a half I've been on the radio with him,
[50:26.500 --> 50:28.500]  I've uncovered more first blush arguments
[50:28.500 --> 50:33.500]  that we can't find a single court case on in this state than he's ever seen.
[50:33.500 --> 50:39.500]  Because the law is so contradictory in what it does as to what it's required to do,
[50:39.500 --> 50:44.500]  it's not even funny.
[50:44.500 --> 50:47.500]  I bet it would shock you to find out that every time your city attorney
[50:47.500 --> 50:50.500]  goes to court over there to prosecute a traffic case,
[50:50.500 --> 50:55.500]  he's in direct violation of Texas law.
[50:55.500 --> 50:59.500]  And I have to be very honest and say it would shock me because I'm not well...
[50:59.500 --> 51:00.500]  Right.
[51:00.500 --> 51:01.500]  Right.
[51:01.500 --> 51:02.500]  Yeah.
[51:02.500 --> 51:07.500]  Again, Texas Constitution was not just traffic, it's criminal prosecution.
[51:07.500 --> 51:09.500]  Texas Constitution is very clear.
[51:09.500 --> 51:13.500]  Only two officers are authorized to act as an attorney for the state,
[51:13.500 --> 51:18.500]  the county attorney, the district attorney, not the city attorney.
[51:18.500 --> 51:22.500]  The city attorney in Chapter 45 of the Code of Criminal Procedure
[51:22.500 --> 51:26.500]  is given specific authority to try all cases at a municipal court.
[51:26.500 --> 51:31.500]  He is given, however, no authority to act as an attorney for the state.
[51:31.500 --> 51:33.500]  So there's a two-pronged problem here.
[51:33.500 --> 51:37.500]  Either you cannot call a traffic issue criminal
[51:37.500 --> 51:42.500]  or the county attorney is the one that must prosecute it in municipal court.
[51:42.500 --> 51:44.500]  He's the only one that can't.
[51:44.500 --> 51:47.500]  And Chapter 45 says the county attorney can prosecute in municipal court.
[51:47.500 --> 51:49.500]  He just can't get paid for it.
[51:49.500 --> 51:51.500]  So he doesn't go.
[51:51.500 --> 51:54.500]  The city attorney goes for him.
[51:54.500 --> 51:56.500]  But there's no authority for him to do that.
[51:56.500 --> 51:59.500]  2.07 Code of Criminal Procedure, Attorney Pro Tem,
[51:59.500 --> 52:03.500]  where the judge appoints the city attorney as the attorney pro tem.
[52:03.500 --> 52:05.500]  Again, violation of law.
[52:05.500 --> 52:09.500]  The attorney pro tem is required to take the official oath of office,
[52:09.500 --> 52:12.500]  the anti-bribery statement, and to have a bond
[52:12.500 --> 52:15.500]  because he is acting in an official public office capacity.
[52:15.500 --> 52:18.500]  The city attorney has none of those things.
[52:18.500 --> 52:21.500]  He cannot sign an information nor an indictment.
[52:21.500 --> 52:25.500]  Only a county or district attorney can sign an information or an indictment.
[52:25.500 --> 52:29.500]  2.05 Code of Criminal Procedure says in any county
[52:29.500 --> 52:32.500]  with a district criminal court, one or more,
[52:32.500 --> 52:37.500]  an information must be filed in all misdemeanor cases.
[52:37.500 --> 52:42.500]  Travis County Municipal Court or Austin Municipal Court
[52:42.500 --> 52:46.500]  has no information to be filed for anybody.
[52:46.500 --> 52:49.500]  And most of them don't have criminal complaints in them.
[52:49.500 --> 52:52.500]  And you can't have an information without a criminal complaint.
[52:52.500 --> 52:54.500]  They don't stand apart.
[52:54.500 --> 52:57.500]  They're completely dependent upon one another.
[52:57.500 --> 53:01.500]  And only that information, according to Article 5, Section 12B,
[53:01.500 --> 53:06.500]  Texas Constitution, vests the court with jurisdiction to hear the cause.
[53:06.500 --> 53:09.500]  The complaint doesn't give them jurisdiction.
[53:09.500 --> 53:11.500]  The information does.
[53:11.500 --> 53:13.500]  And it's never there.
[53:13.500 --> 53:16.500]  But the judge still issues a warrant for failure to appear,
[53:16.500 --> 53:22.500]  even though there's no complaint and there's no information.
[53:22.500 --> 53:28.500]  So as you can see, they stack the blocks up until they're real, real tall
[53:28.500 --> 53:30.500]  and the city is under them.
[53:30.500 --> 53:33.500]  And somebody's going to come along and kick one of them out one of these days,
[53:33.500 --> 53:37.500]  and the whole pile is going to come down.
[53:37.500 --> 53:41.500]  And after this meeting with the legislature, I hope I'm the guy with the shoot.
[53:41.500 --> 53:44.500]  Well, I can tell. I can tell.
[53:44.500 --> 53:49.500]  Well, I tell you what, I will, like I said, I will put this in front of the mayor.
[53:49.500 --> 53:53.500]  I will let him know this is where you came in.
[53:53.500 --> 53:58.500]  Quite honestly, the law will probably be called down,
[53:58.500 --> 54:02.500]  because that's what the mayor, any mayor, not just the one that's in the office now.
[54:02.500 --> 54:03.500]  The what will?
[54:03.500 --> 54:04.500]  That's what they did.
[54:04.500 --> 54:08.500]  They called the law department, and someone will come down,
[54:08.500 --> 54:11.500]  and I'm sure there will be discussion, but I won't be pretty sure.
[54:11.500 --> 54:13.500]  Which that's where you all come in.
[54:13.500 --> 54:18.500]  That was between the mayor and the law department.
[54:18.500 --> 54:21.500]  Do you have any cards?
[54:21.500 --> 54:22.500]  Oh, yes, I have cards.
[54:22.500 --> 54:23.500]  Can we get a couple of cards?
[54:23.500 --> 54:24.500]  When do you thank y'all?
[54:24.500 --> 54:30.500]  How soon, because of the sensitivity of this situation,
[54:30.500 --> 54:34.500]  can somebody respond back to this lady?
[54:34.500 --> 54:35.500]  Oh, that I can't.
[54:35.500 --> 54:37.500]  Maybe tomorrow or the next day?
[54:37.500 --> 54:39.500]  The law department is going to be the one.
[54:39.500 --> 54:43.500]  Because also the police monitor needs to be brought into this situation
[54:43.500 --> 54:47.500]  to see if that officer didn't follow protocol.
[54:47.500 --> 54:50.500]  Did you also file a complaint with the police monitor's office?
[54:50.500 --> 54:51.500]  Not yet.
[54:51.500 --> 54:52.500]  Oh, yeah, we did.
[54:52.500 --> 54:53.500]  Yeah, we did.
[54:53.500 --> 54:54.500]  We've already talked.
[54:54.500 --> 54:55.500]  That's right.
[54:55.500 --> 54:57.500]  We did talk to the police monitor,
[54:57.500 --> 55:00.500]  so I forgot that was the office that we did.
[55:00.500 --> 55:01.500]  I'm sorry.
[55:01.500 --> 55:02.500]  Okay.
[55:02.500 --> 55:06.500]  I can get some business cards from the mayor and myself,
[55:06.500 --> 55:08.500]  but of course, law, they have their own.
[55:08.500 --> 55:09.500]  I understand.
[55:09.500 --> 55:10.500]  Thank you.
[55:10.500 --> 55:15.500]  Can we have the police report amended?
[55:15.500 --> 55:17.500]  If the police officer does it.
[55:17.500 --> 55:19.500]  If he does it or is firing him?
[55:19.500 --> 55:20.500]  But the problem is...
[55:20.500 --> 55:21.500]  He could waive it to do it by someone above him?
[55:21.500 --> 55:22.500]  Yeah, sure.
[55:22.500 --> 55:23.500]  Well, no.
[55:23.500 --> 55:25.500]  He has to write what he thinks,
[55:25.500 --> 55:28.500]  but he knows whether or not he falsified the report.
[55:28.500 --> 55:30.500]  That puts him in a Catch-22.
[55:30.500 --> 55:34.500]  If he changes it, he admits that he falsified it to the mayor.
[55:34.500 --> 55:37.500]  There's a situation with incidents that could be...
[55:37.500 --> 55:43.500]  And if he goes back now and officers report back the actual facts,
[55:43.500 --> 55:45.500]  he admitted the first one was wrong,
[55:45.500 --> 55:49.500]  and now that's really put a noose around the city's neck.
[55:49.500 --> 55:51.500]  I think the mayor will probably do the right thing.
[55:51.500 --> 55:53.500]  We'll try to do the right thing in this situation.
[55:53.500 --> 55:54.500]  Let's just be clear.
[55:54.500 --> 56:00.500]  We're not asking the mayor to interfere with the proper operational law,
[56:00.500 --> 56:04.500]  but the problem here is none of this is proper,
[56:04.500 --> 56:06.500]  and none of it's proper,
[56:06.500 --> 56:10.500]  because none of it's in accordance with law.
[56:10.500 --> 56:12.500]  That paper will show that very clearly,
[56:12.500 --> 56:16.500]  and I'm quite sure someone from law is going to want to argue over it.
[56:16.500 --> 56:20.500]  I'd be more than happy to give them that opportunity,
[56:20.500 --> 56:23.500]  because everything in there is taken straight out of the code.
[56:23.500 --> 56:25.500]  Nothing's made of.
[56:25.500 --> 56:27.500]  It's all there,
[56:27.500 --> 56:33.500]  and I would love to see the right thing be done on her behalf,
[56:33.500 --> 56:35.500]  because that's what should be done.
[56:35.500 --> 56:40.500]  But at the same time, I'm quite sure everyone would like to see that
[56:40.500 --> 56:46.500]  when an officer goes out to do a public service, that's what he does.
[56:46.500 --> 56:48.500]  If that would have happened, we wouldn't have seen it.
[56:48.500 --> 56:49.500]  Exactly.
[56:49.500 --> 56:51.500]  I assure you.
[56:51.500 --> 56:54.500]  Had he just not had whatever kind of day he had
[56:54.500 --> 56:57.500]  and took it out on the next person he came across,
[56:57.500 --> 56:59.500]  this would be a non-issue,
[56:59.500 --> 57:01.500]  or at least in her case it would be a non-issue.
[57:01.500 --> 57:03.500]  Wouldn't do anything about the other poor schmucks
[57:03.500 --> 57:07.500]  having to stand down there every day and go do the same puppy mill.
[57:07.500 --> 57:10.500]  But that's what the problem is.
[57:10.500 --> 57:13.500]  One thing that she's told, she's mixed me in,
[57:13.500 --> 57:15.500]  she probably says she's going to have to get into a doctor
[57:15.500 --> 57:17.500]  and get something to settle her nerves.
[57:17.500 --> 57:19.500]  It's got her that upset.
[57:19.500 --> 57:21.500]  I don't want to say I know how you feel.
[57:21.500 --> 57:24.500]  All I could say is I could imagine,
[57:24.500 --> 57:29.500]  especially when you try to be a law-abiding citizen,
[57:29.500 --> 57:32.500]  and you feel like, absolutely, hey, I lived right.
[57:32.500 --> 57:34.500]  Why is this happening to me?
[57:34.500 --> 57:37.500]  If I could make a suggestion, who would you have
[57:37.500 --> 57:40.500]  that is knowledgeable in the Code of Criminal Procedures
[57:40.500 --> 57:45.500]  yet is not well known by the people in the municipal court?
[57:45.500 --> 57:48.500]  Now, just as a suggestion, I don't need a specific name,
[57:48.500 --> 57:51.500]  but here's the suggestion to go along with that.
[57:51.500 --> 57:56.500]  You have these people go sit through some of these sessions in municipal court.
[57:56.500 --> 58:00.500]  You watch how that judge railroads everybody that stands up in front of him,
[58:00.500 --> 58:04.500]  how he denies every mention of the law that they try to introduce,
[58:04.500 --> 58:07.500]  every objection they make, and he overrules,
[58:07.500 --> 58:10.500]  despite the fact that he's required to abide by those rules,
[58:10.500 --> 58:13.500]  and he won't do it.
[58:13.500 --> 58:15.500]  I mean...
[58:15.500 --> 58:17.500]  No, he will not do it.
[58:17.500 --> 58:20.500]  And you know what, Eddie, I was starting to think in this last segment?
[58:20.500 --> 58:24.500]  This looks like a job for the victim's rights advocate.
[58:24.500 --> 58:32.500]  I think we need to get our buddy Jim and his friend on the case on this one.
[58:32.500 --> 58:34.500]  Maybe.
[58:34.500 --> 58:37.500]  Because this is obviously a crime that's being committed against this woman.
[58:37.500 --> 58:39.500]  She is the victim.
[58:39.500 --> 58:43.500]  So it's time for us to bring in some victims' rights.
[58:43.500 --> 58:45.500]  Works for me.
[58:45.500 --> 58:48.500]  All right, folks, we will be back, and we will finish up this clip in the next segment,
[58:48.500 --> 58:51.500]  and then we'll be opening up the phones.
[58:51.500 --> 58:53.500]  We'll be right back after the top-of-the-hour break.
[58:53.500 --> 58:55.500]  This is the rule of law.
[58:55.500 --> 59:00.500]  Randy Kelton, Eddie Craig, Deborah Stevens.
[59:00.500 --> 59:04.500]  The Bible remains the most popular book in the world,
[59:04.500 --> 59:08.500]  yet countless readers are frustrated because they struggle to understand it.
[59:08.500 --> 59:12.500]  Some new translations try to help by simplifying the text,
[59:12.500 --> 59:17.500]  but in the process can compromise the profound meaning of the Scripture.
[59:17.500 --> 59:19.500]  Enter the recovery version.
[59:19.500 --> 59:23.500]  At first, this new translation is extremely faithful and accurate,
[59:23.500 --> 59:28.500]  but the real story is the more than 9,000 explanatory footnotes.
[59:28.500 --> 59:32.500]  Difficult and profound passages are opened up in a marvelous way,
[59:32.500 --> 59:38.500]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:38.500 --> 59:43.500]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.500 --> 59:53.500]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:53.500 --> 59:57.500]  or by ordering online at freestudybible.com.
[59:57.500 --> 01:00:00.500]  That's freestudybible.com.
[01:00:00.500 --> 01:00:04.500]  This news brief brought to you by the International News Net.
[01:00:04.500 --> 01:00:09.500]  Mohammed Al-Sabahd, Air Cargo Director for Yemiyah Airways,
[01:00:09.500 --> 01:00:13.500]  said Friday accusations, a parcel originating in Yemen,
[01:00:13.500 --> 01:00:18.500]  containing explosives addressed to a Chicago synagogue were false and baseless,
[01:00:18.500 --> 01:00:27.500]  adding, quote, no UPS or DHL cargo packages heading to Chicago through Yemen took place in the last 48 hours.
[01:00:27.500 --> 01:00:35.500]  A U.S. military tribunal Sunday sentenced former Guantanamo child detainee Omar Khadir to 40 years in prison,
[01:00:35.500 --> 01:00:39.500]  although he will only serve up to eight years behind bars under a plea deal.
[01:00:39.500 --> 01:00:45.500]  To avoid a life sentence, Khadir had pleaded guilty to murder in violation of the laws of war,
[01:00:45.500 --> 01:00:49.500]  providing material assistance to a terrorist organization and espionage.
[01:00:49.500 --> 01:00:55.500]  Khadir will serve one year at Guantanamo and the rest in Canada.
[01:00:55.500 --> 01:01:02.500]  Six people were killed Monday by a non-UN-sanctioned U.S. drone in Pakistan's North Waziristan tribal area.
[01:01:02.500 --> 01:01:08.500]  Earlier this year, The Long War Journal, a U.S. website tracking U.S. drone strikes,
[01:01:08.500 --> 01:01:12.500]  pointed out the assaults have not killed the main militant leaders.
[01:01:12.500 --> 01:01:18.500]  Since August 2008, over 1,000 people have been killed by U.S. drones in tribal areas of Pakistan.
[01:01:18.500 --> 01:01:23.500]  Over 90 percent of the victims were civilians.
[01:01:23.500 --> 01:01:28.500]  Israel's Labor Party will walk out of the right-wing-dominated coalition government
[01:01:28.500 --> 01:01:33.500]  unless serious negotiations with the Palestinians get underway in the coming weeks.
[01:01:33.500 --> 01:01:39.500]  Cabinet Minister Avishai Braverman, an expected challenger to Ehud Barak for the party's leadership, says,
[01:01:39.500 --> 01:01:45.500]  the only way to guarantee the state of the Jewish people is to move boldly after the U.S. election.
[01:01:45.500 --> 01:01:48.500]  Braverman, the minister for minorities, said,
[01:01:48.500 --> 01:01:54.500]  if there are the beginnings of serious negotiations, Labor stays. If not, Labor leaves.
[01:01:54.500 --> 01:01:58.500]  Labor's departure from Netanyahu's government could trigger its collapse
[01:01:58.500 --> 01:02:02.500]  unless the Kadima Party could be persuaded to join.
[01:02:02.500 --> 01:02:08.500]  But Kadima has said it would not enter a coalition which included the right-wing Israel Betanyu Party
[01:02:08.500 --> 01:02:12.500]  led by Foreign Minister Avigdor Lieberman.
[01:02:12.500 --> 01:02:18.500]  200,000 people who filled the Washington Mall Saturday in the rally to restore sanity and or fear
[01:02:18.500 --> 01:02:23.500]  heard the theme the American way of doing politics has gotten too much.
[01:02:23.500 --> 01:02:27.500]  Organized by Comedy Central's John Stewart and Stephen Colbert,
[01:02:27.500 --> 01:02:32.500]  the gathering was a showcase of hundreds of clever, satirical, silly placards
[01:02:32.500 --> 01:02:37.500]  on the frustration and weariness of a long, shrill election campaign.
[01:02:37.500 --> 01:02:41.500]  The signs celebrated the day and made fun of the angry demonstrations
[01:02:41.500 --> 01:02:44.500]  and town hall meetings of the last two summers.
[01:02:44.500 --> 01:02:49.500]  Stewart and Colbert challenged the crowd to be critical of 24-7 media,
[01:02:49.500 --> 01:02:53.500]  including their own medium of cable TV.
[01:03:20.500 --> 01:03:26.500]  It's all according to the will of the Almighty
[01:03:26.500 --> 01:03:34.500]  I read his book and it says he cares not for the unsightly
[01:03:34.500 --> 01:03:43.500]  These warmongers come by that term rightly
[01:03:43.500 --> 01:03:46.500]  I won't pay for the war with my body
[01:03:46.500 --> 01:03:49.500]  Ain't gonna pay for the car with my money
[01:03:49.500 --> 01:03:53.500]  I won't pay for the fun with my body
[01:03:53.500 --> 01:03:56.500]  Their plans wicked and their logic shoddy
[01:03:56.500 --> 01:03:59.500]  Ain't gonna pay for the oil with my body
[01:03:59.500 --> 01:04:04.500]  Alright, we're not gonna pay anymore with our money.
[01:04:04.500 --> 01:04:07.500]  These revenuers operating illegally.
[01:04:07.500 --> 01:04:10.500]  Okay, here's the rest of the clip, folks.
[01:04:10.500 --> 01:04:14.500]  I mean, for heaven's sake, you got people, the clerks down there are saying,
[01:04:14.500 --> 01:04:16.500]  would you like a court reporter?
[01:04:16.500 --> 01:04:19.500]  You would have to be an absolute idiot to say no.
[01:04:19.500 --> 01:04:23.500]  That court record is the only way you're gonna catch this judge at what he does
[01:04:23.500 --> 01:04:27.500]  and keep him under any semblance of control as far as the law goes.
[01:04:27.500 --> 01:04:29.500]  You say no, I don't need a court reporter.
[01:04:29.500 --> 01:04:33.500]  You just went out and jumped off a cliff with a noose around your neck.
[01:04:33.500 --> 01:04:37.500]  But they're not allowing court reporters in there, I don't think, are they?
[01:04:37.500 --> 01:04:40.500]  Well, this one is a court of record.
[01:04:40.500 --> 01:04:43.500]  But the thing is, a court of record means exactly that.
[01:04:43.500 --> 01:04:45.500]  It's not a would you like a court reporter.
[01:04:45.500 --> 01:04:47.500]  It's a court reporter will be present.
[01:04:47.500 --> 01:04:49.500]  Right.
[01:04:49.500 --> 01:04:51.500]  Okay, but they're giving you the chance to opt out of that
[01:04:51.500 --> 01:04:56.500]  so there's no documentation about what's going on.
[01:04:56.500 --> 01:04:59.500]  Believe me, most of the courts I spend my time in fighting these issues
[01:04:59.500 --> 01:05:01.500]  are courts of no record.
[01:05:01.500 --> 01:05:04.500]  And the judge can do anything he wants, any way he wants,
[01:05:04.500 --> 01:05:07.500]  and there's nothing to hold him accountable.
[01:05:07.500 --> 01:05:10.500]  Now, I know we didn't get into this,
[01:05:10.500 --> 01:05:12.500]  and we'll get out of your hair as soon as I get this set,
[01:05:12.500 --> 01:05:17.500]  but one of the other issues is when the court, out of necessity,
[01:05:17.500 --> 01:05:20.500]  finds you guilty and you go to appeal,
[01:05:20.500 --> 01:05:23.500]  the other due process violation that crops up immediately
[01:05:23.500 --> 01:05:27.500]  is they demand that you pay double the amount of the fine for a bond
[01:05:27.500 --> 01:05:30.500]  before you're even allowed to appeal.
[01:05:30.500 --> 01:05:34.500]  Do you know that fine-only offenses are the only ones that's done to?
[01:05:34.500 --> 01:05:38.500]  A murderer doesn't have to post a bond to get an appeal.
[01:05:38.500 --> 01:05:44.500]  A bank robber doesn't have to post a bond to get an appeal.
[01:05:44.500 --> 01:05:48.500]  Yet if you get charged with a fine-only misdemeanor,
[01:05:48.500 --> 01:05:50.500]  pay us money, or you don't get an appeal,
[01:05:50.500 --> 01:05:54.500]  our last ruling is the only ruling you'll ever see.
[01:05:54.500 --> 01:05:58.500]  Well, the problem is you go back to the 30s, 40s, and 50s
[01:05:58.500 --> 01:06:02.500]  of the case law here in Texas, and it very clearly says
[01:06:02.500 --> 01:06:07.500]  that bond is only to be charged after an adjudication of guilt
[01:06:07.500 --> 01:06:10.500]  in the court of appeals.
[01:06:10.500 --> 01:06:13.500]  Then and only then will the court go back and charge you
[01:06:13.500 --> 01:06:16.500]  for the municipal fees, the bond,
[01:06:16.500 --> 01:06:19.500]  and the adjudication in the appeals court.
[01:06:19.500 --> 01:06:24.500]  Not before. To do it before denies you access to the courts.
[01:06:24.500 --> 01:06:26.500]  It denies you the right of appeal,
[01:06:26.500 --> 01:06:31.500]  especially when this is supposed to be a trial de novo,
[01:06:31.500 --> 01:06:34.500]  meaning a do-over, okay?
[01:06:34.500 --> 01:06:37.500]  If you're in a court of no record in Texas,
[01:06:37.500 --> 01:06:40.500]  then you appeal it, they go back,
[01:06:40.500 --> 01:06:43.500]  and they do the entire process again in the county court.
[01:06:43.500 --> 01:06:45.500]  If you're in a court of record,
[01:06:45.500 --> 01:06:49.500]  then you actually have to go to an appeal in the county court,
[01:06:49.500 --> 01:06:51.500]  not a trial de novo.
[01:06:51.500 --> 01:06:54.500]  But in either case, you can't get to the county court
[01:06:54.500 --> 01:06:59.500]  without paying double whatever the lower court has set you for.
[01:06:59.500 --> 01:07:02.500]  I think that's just being practiced here.
[01:07:02.500 --> 01:07:07.500]  No, it's practiced in Texas in every court, okay?
[01:07:07.500 --> 01:07:11.500]  The problem is it's written into the statute that they do that,
[01:07:11.500 --> 01:07:15.500]  but what's no longer written there that used to be written there
[01:07:15.500 --> 01:07:18.500]  is, and because it used to be written there,
[01:07:18.500 --> 01:07:20.500]  and the reason the case law is the way it is,
[01:07:20.500 --> 01:07:25.500]  is because it's a due process violation, constitutionally speaking,
[01:07:25.500 --> 01:07:28.500]  that they are required to allow you the appeal
[01:07:28.500 --> 01:07:30.500]  before they can charge you the bond.
[01:07:30.500 --> 01:07:35.500]  Only if you're found guilty on the appeal can they assess the bond.
[01:07:35.500 --> 01:07:37.500]  And then it doesn't have to be double.
[01:07:37.500 --> 01:07:42.500]  Then you just pay whatever the assessment was in the court.
[01:07:42.500 --> 01:07:43.500]  That's due process.
[01:07:43.500 --> 01:07:45.500]  Here you're being denied that.
[01:07:45.500 --> 01:07:47.500]  Give us double what you would have had to pay,
[01:07:47.500 --> 01:07:51.500]  which most people can't afford to pay what they've been assessed originally.
[01:07:51.500 --> 01:07:53.500]  How are they going to pay double to get their appeal?
[01:07:53.500 --> 01:07:56.500]  Well, they're not, and we're counting on that.
[01:07:56.500 --> 01:07:59.500]  So now go make your payment plan with the clerk,
[01:07:59.500 --> 01:08:03.500]  and we'll call the Brinks truck in a couple of days.
[01:08:03.500 --> 01:08:05.500]  Or they go to jail.
[01:08:05.500 --> 01:08:07.500]  Some of them choose to lie out.
[01:08:07.500 --> 01:08:10.500]  They can't go to jail for a fine-only misdemeanor.
[01:08:10.500 --> 01:08:14.500]  They can't send us them to jail for a fine-only misdemeanor.
[01:08:14.500 --> 01:08:15.500]  Okay?
[01:08:15.500 --> 01:08:18.500]  Which is exactly the part of the problem
[01:08:18.500 --> 01:08:22.500]  when the police officer arrests you during a traffic stop.
[01:08:22.500 --> 01:08:26.500]  Are you aware, for instance, Chapter 543, Transportation Code,
[01:08:26.500 --> 01:08:31.500]  the moment a police officer in Texas anywhere at any time initiates a traffic stop,
[01:08:31.500 --> 01:08:35.500]  did you know you're under a custodial arrest?
[01:08:35.500 --> 01:08:38.500]  You are, according to Chapter 543.
[01:08:38.500 --> 01:08:42.500]  The moment he stops you, you're in a custodial arrest.
[01:08:42.500 --> 01:08:45.500]  And in order to be freed from that custodial arrest,
[01:08:45.500 --> 01:08:47.500]  this law is very specific.
[01:08:47.500 --> 01:08:51.500]  The arresting officer shall release the person arrested from custody
[01:08:51.500 --> 01:08:56.500]  if the person will sign a promise to appear,
[01:08:56.500 --> 01:09:00.500]  which is an illegal summons, which that motion deals with.
[01:09:00.500 --> 01:09:03.500]  Okay?
[01:09:03.500 --> 01:09:08.500]  Now, the reason that was implemented was so they didn't have to take you directly to a magistrate.
[01:09:08.500 --> 01:09:11.500]  Well, that introduces a whole other plethora of problems
[01:09:11.500 --> 01:09:15.500]  because they then switch from the rules of the Transportation Code
[01:09:15.500 --> 01:09:18.500]  to the rules of the Code of Criminal Procedure.
[01:09:18.500 --> 01:09:22.500]  The problem with that is, is they're skipping the part of the Transportation Code
[01:09:22.500 --> 01:09:26.500]  that governs the process like it doesn't apply.
[01:09:26.500 --> 01:09:29.500]  See, in the Code of Criminal Procedure, 1406,
[01:09:29.500 --> 01:09:35.500]  it says that they have no more than 48 hours to get you in front of a magistrate.
[01:09:35.500 --> 01:09:38.500]  Now, what that really says and means, according to the case law,
[01:09:38.500 --> 01:09:43.500]  is that when that officer arrests you, he is required to take you straight to a magistrate.
[01:09:43.500 --> 01:09:45.500]  He's not allowed to take you to a jail cell.
[01:09:45.500 --> 01:09:48.500]  Okay? That's another due process violation.
[01:09:48.500 --> 01:09:51.500]  He has to take you to a magistrate.
[01:09:51.500 --> 01:09:53.500]  The law even goes further and says,
[01:09:53.500 --> 01:09:56.500]  if the one that would normally have jurisdiction is not available,
[01:09:56.500 --> 01:10:00.500]  then the officer, in order to more expeditiously see
[01:10:00.500 --> 01:10:03.500]  that the proper thing is done for the accused,
[01:10:03.500 --> 01:10:06.500]  he is to find the next nearest magistrate.
[01:10:06.500 --> 01:10:08.500]  And if they're not available, the next one after that,
[01:10:08.500 --> 01:10:11.500]  even if he has to go to a different county,
[01:10:11.500 --> 01:10:14.500]  says it right in the law, and they don't do it.
[01:10:14.500 --> 01:10:16.500]  They take you straight to a jail cell.
[01:10:16.500 --> 01:10:19.500]  You get arrested on Friday night. Good luck till Monday morning.
[01:10:19.500 --> 01:10:20.500]  It's like the blood drawing.
[01:10:20.500 --> 01:10:22.500]  Possibly even Tuesday morning.
[01:10:22.500 --> 01:10:24.500]  All depends on when the judge wants to come in.
[01:10:24.500 --> 01:10:26.500]  But you're stuck.
[01:10:26.500 --> 01:10:28.500]  Now, please answer a question for me if you can.
[01:10:28.500 --> 01:10:32.500]  And I know it's not your area, but you have a fine-only offense,
[01:10:32.500 --> 01:10:38.500]  which the law very clearly says you cannot sentence a person to jail for this offense.
[01:10:38.500 --> 01:10:40.500]  Can't do it.
[01:10:40.500 --> 01:10:44.500]  Yet, when you arrest them for it, you go throw them in jail and leave them there
[01:10:44.500 --> 01:10:47.500]  till some magistrate decides he wants to see them.
[01:10:47.500 --> 01:10:49.500]  Is there a contradiction going on here?
[01:10:49.500 --> 01:10:51.500]  Well, Eddie, they don't even see them here.
[01:10:51.500 --> 01:10:52.500]  They just go down.
[01:10:52.500 --> 01:10:54.500]  The prosecutor goes down and talks to the judge,
[01:10:54.500 --> 01:10:57.500]  and then they come back and tell you they don't even take you sometimes.
[01:10:57.500 --> 01:10:59.500]  Yeah, but that's another problem.
[01:10:59.500 --> 01:11:01.500]  They leave you in jail, and the prosecutor does it for you.
[01:11:01.500 --> 01:11:03.500]  The law also says if you've been incarcerated
[01:11:03.500 --> 01:11:07.500]  and there has been no information handed down on you within 48 hours,
[01:11:07.500 --> 01:11:10.500]  they'd better be letting you go, and they don't do that either.
[01:11:10.500 --> 01:11:11.500]  They just hold you.
[01:11:11.500 --> 01:11:12.500]  They'll keep you over the weekend.
[01:11:12.500 --> 01:11:17.500]  They'll keep you up to 10 days, and you won't see anybody for a traffic fine.
[01:11:17.500 --> 01:11:20.500]  But do you think that's happened to the lower associates of Amish police
[01:11:20.500 --> 01:11:22.500]  that don't really know the law?
[01:11:22.500 --> 01:11:24.500]  Do you think people that know the law...
[01:11:24.500 --> 01:11:29.500]  Well, do you think it's only the lower economic groups that don't know the law?
[01:11:29.500 --> 01:11:33.500]  You can be the wealthiest guy in town and not know the law,
[01:11:33.500 --> 01:11:37.500]  but it's not an inconvenience for you to pop down $200 to get out of jail.
[01:11:37.500 --> 01:11:39.500]  Yeah.
[01:11:39.500 --> 01:11:40.500]  That's what I mean.
[01:11:40.500 --> 01:11:43.500]  Yeah, and I wouldn't care if I was a millionaire.
[01:11:43.500 --> 01:11:47.500]  When I know you're violating my rights and the law, I'm not giving you a penny.
[01:11:47.500 --> 01:11:49.500]  Not one.
[01:11:49.500 --> 01:11:52.500]  And if I can help it when I'm finished,
[01:11:52.500 --> 01:11:56.500]  I'm going to own your house, your bath float, and your kid's college fund.
[01:11:56.500 --> 01:11:58.500]  Not because I'm spiteful,
[01:11:58.500 --> 01:12:02.500]  but simply because it's time you learned what it feels like.
[01:12:02.500 --> 01:12:06.500]  It's time you learned what the way you treat people is like
[01:12:06.500 --> 01:12:10.500]  when you're an officer or a magistrate or a prosecuting attorney
[01:12:10.500 --> 01:12:12.500]  that will not abide by the law.
[01:12:12.500 --> 01:12:14.500]  The law is for everybody,
[01:12:14.500 --> 01:12:18.500]  not just those that aren't wearing the badges and the government employees.
[01:12:18.500 --> 01:12:19.500]  I don't know.
[01:12:19.500 --> 01:12:23.500]  Sometimes I wonder if it's supposed to be there.
[01:12:23.500 --> 01:12:24.500]  I agree.
[01:12:24.500 --> 01:12:27.500]  I would like to say you've been very patient and very kind.
[01:12:27.500 --> 01:12:29.500]  We appreciate it.
[01:12:29.500 --> 01:12:35.500]  And like I said, I am his constituent liaison person, if you will,
[01:12:35.500 --> 01:12:37.500]  in addition to his secretary.
[01:12:37.500 --> 01:12:39.500]  You knew what was happening.
[01:12:39.500 --> 01:12:42.500]  But he has to have somebody here.
[01:12:42.500 --> 01:12:43.500]  He has six staff people.
[01:12:43.500 --> 01:12:47.500]  He has to have somebody that listens to the constituents when they come in.
[01:12:47.500 --> 01:12:49.500]  And that's how he's able to say,
[01:12:49.500 --> 01:12:52.500]  when I take a case like this in front of him, that's how he's saying it.
[01:12:52.500 --> 01:12:54.500]  Well, do the constituents ever get to address him directly?
[01:12:54.500 --> 01:12:55.500]  Sometimes they do.
[01:12:55.500 --> 01:12:56.500]  Yes, sir.
[01:12:56.500 --> 01:12:57.500]  Yes, sir.
[01:12:57.500 --> 01:13:01.500]  What we try to do, most of the time I haven't had one, I'll be honest,
[01:13:01.500 --> 01:13:02.500]  since I've been in the mayor's office,
[01:13:02.500 --> 01:13:07.500]  I haven't had one as extensive or as serious as this.
[01:13:07.500 --> 01:13:09.500]  This would be the first one.
[01:13:09.500 --> 01:13:12.500]  I've been with him in the mayor's office for a little over a year.
[01:13:12.500 --> 01:13:15.500]  I worked for him prior to the mayor.
[01:13:15.500 --> 01:13:19.500]  But what happens is a lot of times constituents will bring things to me
[01:13:19.500 --> 01:13:21.500]  and they'll just say, I don't think this is fair.
[01:13:21.500 --> 01:13:23.500]  Will you check into it?
[01:13:23.500 --> 01:13:27.500]  That's what I do. I get the staff person over that department to say,
[01:13:27.500 --> 01:13:31.500]  this happened to this person, and give them their side of the story.
[01:13:31.500 --> 01:13:33.500]  And then the city will do their homework.
[01:13:33.500 --> 01:13:36.500]  And a lot of times the constituent is right,
[01:13:36.500 --> 01:13:42.500]  but they don't necessarily always get an answer because they don't pursue it.
[01:13:42.500 --> 01:13:44.500]  But the ones that take the time to pursue it,
[01:13:44.500 --> 01:13:47.500]  an assistant city manager has staff like the mayor,
[01:13:47.500 --> 01:13:50.500]  and they have people that dig and look into allegations
[01:13:50.500 --> 01:13:53.500]  and respond directly to citizens.
[01:13:53.500 --> 01:13:56.500]  Are there times when the mayor meets with citizens?
[01:13:56.500 --> 01:14:03.500]  Well, I just finished a treatise on how the mildew process is engineered into,
[01:14:03.500 --> 01:14:05.500]  intentionally engineered into,
[01:14:05.500 --> 01:14:11.500]  the Transportation Code and the Code of Criminal Procedure for misdemeanor offenses.
[01:14:11.500 --> 01:14:14.500]  It is legislatively engineered into the Code.
[01:14:14.500 --> 01:14:17.500]  For instance, do you know that in a criminal case,
[01:14:17.500 --> 01:14:22.500]  the Constitution says that you have the right to counsel in all criminal cases?
[01:14:22.500 --> 01:14:26.500]  It doesn't differentiate all criminal cases.
[01:14:26.500 --> 01:14:32.500]  Yet, 26.04 Code of Criminal Procedure says you can't have assistance of counsel
[01:14:32.500 --> 01:14:36.500]  appointed to you, indigent or otherwise, under any circumstances,
[01:14:36.500 --> 01:14:42.500]  unless you're being accused of a felony or a misdemeanor that would involve incarceration.
[01:14:42.500 --> 01:14:45.500]  Otherwise, no counsel for you.
[01:14:45.500 --> 01:14:47.500]  It doesn't matter that you don't understand the law.
[01:14:47.500 --> 01:14:50.500]  It doesn't matter that you aren't capable of reading the statutes
[01:14:50.500 --> 01:14:52.500]  and figuring out where you're getting railroaded.
[01:14:52.500 --> 01:14:54.500]  We're just going to deny you assistance of counsel
[01:14:54.500 --> 01:14:57.500]  because you're too dumb to know the difference.
[01:14:57.500 --> 01:15:02.500]  We can simply tell you that, well, since you can't go to jail, you're not entitled.
[01:15:02.500 --> 01:15:05.500]  That's not what my Constitution says.
[01:15:05.500 --> 01:15:11.500]  I tell you, maybe a lot more of us might want to familiarize ourselves
[01:15:11.500 --> 01:15:13.500]  with the law a little bit more.
[01:15:13.500 --> 01:15:16.500]  Right?
[01:15:16.500 --> 01:15:17.500]  Well, I will.
[01:15:17.500 --> 01:15:20.500]  But I'd be more than happy to give that treaty to the mayor
[01:15:20.500 --> 01:15:21.500]  and have him review that.
[01:15:21.500 --> 01:15:25.500]  Hasn't he had any other opportunity to meet with a council member
[01:15:25.500 --> 01:15:32.500]  or Assistant City Manager Michael McDonnell?
[01:15:32.500 --> 01:15:34.500]  He's over the police department.
[01:15:34.500 --> 01:15:39.500]  Michael McDonnell is directly over the police department under the charter.
[01:15:39.500 --> 01:15:41.500]  I think we're past our parking time.
[01:15:41.500 --> 01:15:47.500]  Yeah, we can set up a time next week or later and come back.
[01:15:47.500 --> 01:15:50.500]  I'll be happy to go ahead and give a souvenir for you.
[01:15:50.500 --> 01:15:55.500]  Well, thank you very much.
[01:15:55.500 --> 01:15:56.500]  All right, folks.
[01:15:56.500 --> 01:15:57.500]  That's it.
[01:15:57.500 --> 01:16:01.500]  Eddie going and kicking some butt in the Austin Mayor's Office today.
[01:16:01.500 --> 01:16:03.500]  Good job, Eddie.
[01:16:03.500 --> 01:16:05.500]  Well, thank you.
[01:16:05.500 --> 01:16:09.500]  And I have to tell you, this woman, what was her name, Eddie?
[01:16:09.500 --> 01:16:15.500]  Her name is the lady in the office, Janet Jackson.
[01:16:15.500 --> 01:16:16.500]  Janet Jackson.
[01:16:16.500 --> 01:16:18.500]  Kudos to Janet Jackson.
[01:16:18.500 --> 01:16:20.500]  She was very helpful to you guys.
[01:16:20.500 --> 01:16:21.500]  Yes, she was.
[01:16:21.500 --> 01:16:24.500]  She was very attentive and she paid attention to what we had to say.
[01:16:24.500 --> 01:16:28.500]  And even though she first asserted she could only give us 10 minutes,
[01:16:28.500 --> 01:16:30.500]  she actually spent 45 with us.
[01:16:30.500 --> 01:16:34.500]  So she became extremely engrossed in the issues at hand.
[01:16:34.500 --> 01:16:35.500]  She seemed very concerned.
[01:16:35.500 --> 01:16:37.500]  Yes.
[01:16:37.500 --> 01:16:39.500]  And on a genuine level, too.
[01:16:39.500 --> 01:16:41.500]  It didn't seem like she was just giving you all lip service.
[01:16:41.500 --> 01:16:46.500]  She was concerned about the lower income groups, you know, in Austin,
[01:16:46.500 --> 01:16:47.500]  how it affects them.
[01:16:47.500 --> 01:16:48.500]  She's a good woman.
[01:16:48.500 --> 01:16:49.500]  All right, folks.
[01:16:49.500 --> 01:16:50.500]  We've got the phone lines open now.
[01:16:50.500 --> 01:17:00.500]  If you want to call in 512-646-1984, we will be right back.
[01:17:00.500 --> 01:17:03.500]  It is so enlightening to listen to 90.1 FM,
[01:17:03.500 --> 01:17:05.500]  but finding things on the Internet isn't so easy,
[01:17:05.500 --> 01:17:08.500]  and neither is finding like-minded people to share it with.
[01:17:08.500 --> 01:17:11.500]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:11.500 --> 01:17:12.500]  Brave New Books?
[01:17:12.500 --> 01:17:13.500]  Yes.
[01:17:13.500 --> 01:17:16.500]  Brave New Books has all the books and DVDs you're looking for
[01:17:16.500 --> 01:17:19.500]  by authors like Alex Jones, Ron Paul, Angie Edward Griffin.
[01:17:19.500 --> 01:17:23.500]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:23.500 --> 01:17:26.500]  There's no way a place like that exists.
[01:17:26.500 --> 01:17:27.500]  Go check it out for yourself.
[01:17:27.500 --> 01:17:31.500]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:31.500 --> 01:17:35.500]  Oh, by UT, there's never anywhere to park down there.
[01:17:35.500 --> 01:17:37.500]  Actually, they now offer a free hour of parking
[01:17:37.500 --> 01:17:41.500]  for paying customers at the 500 MLK parking facility
[01:17:41.500 --> 01:17:43.500]  just behind the bookstore.
[01:17:43.500 --> 01:17:46.500]  It does exist, but when are they open?
[01:17:46.500 --> 01:17:51.500]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:51.500 --> 01:17:55.500]  So give them a call at 512-480-2503,
[01:17:55.500 --> 01:18:01.500]  or check out their events page at bravenewbookstore.com.
[01:18:01.500 --> 01:18:04.500]  Capital Coin and Bullion is your local source for rare coins,
[01:18:04.500 --> 01:18:07.500]  precious metals, and coin supplies in the Austin metro area.
[01:18:07.500 --> 01:18:09.500]  We also ship worldwide.
[01:18:09.500 --> 01:18:12.500]  We are a family-owned and operated business that offers competitive prices
[01:18:12.500 --> 01:18:14.500]  on your coin and metal purchases.
[01:18:14.500 --> 01:18:18.500]  We buy, sell, trade, and consign rare coins, gold and silver coin collections,
[01:18:18.500 --> 01:18:20.500]  precious metals, and scrap gold.
[01:18:20.500 --> 01:18:22.500]  We purchase and sell gold and jewelry items.
[01:18:22.500 --> 01:18:25.500]  We offer daily specials on coins and bullion.
[01:18:25.500 --> 01:18:28.500]  We are located at 5448 Burnett Road, Suite 3
[01:18:28.500 --> 01:18:30.500]  at the corner of Burnett and Shulmont,
[01:18:30.500 --> 01:18:34.500]  and we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:18:34.500 --> 01:18:37.500]  You are welcome to stop in our shop during regular business hours
[01:18:37.500 --> 01:18:42.500]  or call 512-646-6440 with any questions.
[01:18:42.500 --> 01:18:46.500]  Ask for a chat and say you heard about us on Bluelaw Radio or Texas Liberty Radio.
[01:18:46.500 --> 01:18:49.500]  That's Capital Coin and Bullion at the corner of Burnett and Shulmont,
[01:18:49.500 --> 01:18:53.500]  and we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:18:53.500 --> 01:18:58.500]  That's Capital Coin and Bullion, 512-646-6440.
[01:18:58.500 --> 01:19:25.500]  AIN'T GONNA BLIND ME, AIN'T GONNA BORN ME, AIN'T GONNA FOOL ME WITH THAT SAME OLD CHICKEN.
[01:19:25.500 --> 01:19:30.500]  I was blindsided, but now I can see your plans.
[01:19:30.500 --> 01:19:35.500]  You put the fear in my pocket, took the money from my hands.
[01:19:35.500 --> 01:19:50.500]  Ain't gonna fool me with that same old trick again.
[01:19:50.500 --> 01:19:55.500]  Okay, folks, we are back.
[01:19:55.500 --> 01:19:58.500]  Yes, Ms. Janet Jackson from the Austin Mayor's Office,
[01:19:58.500 --> 01:20:01.500]  City of Austin Mayor's Office, quite helpful.
[01:20:01.500 --> 01:20:05.500]  And it was good to hear that the mayor will indeed meet in person
[01:20:05.500 --> 01:20:09.500]  with constituents sometimes as well, as it should be.
[01:20:09.500 --> 01:20:14.500]  So all you folks out there who are concerned about the fluoride in the water,
[01:20:14.500 --> 01:20:17.500]  I think that it's time that fluoride-free Austin,
[01:20:17.500 --> 01:20:20.500]  maybe we can have them on the show here in a few days.
[01:20:20.500 --> 01:20:25.500]  Let's get them a meeting scheduled with the City of Austin Mayor's Office as well.
[01:20:25.500 --> 01:20:32.500]  You know, because I'll tell you, concerning these bonds that are up for vote tomorrow in the election,
[01:20:32.500 --> 01:20:36.500]  Austin Municipal bonds, I'll tell you one thing right now.
[01:20:36.500 --> 01:20:42.500]  I am not voting for the City of Austin to borrow or spend one more dime
[01:20:42.500 --> 01:20:44.500]  until they take the fluoride out of the water, okay?
[01:20:44.500 --> 01:20:45.500]  It's ridiculous.
[01:20:45.500 --> 01:20:50.500]  It costs over a million dollars a year for the City of Austin to poison its constituents,
[01:20:50.500 --> 01:20:56.500]  and I am not voting for one more single bond package until they stop fluoridating the water.
[01:20:56.500 --> 01:20:57.500]  You guys want some money?
[01:20:57.500 --> 01:20:59.500]  Stop poisoning us.
[01:20:59.500 --> 01:21:01.500]  There's a million bucks for you, okay?
[01:21:01.500 --> 01:21:05.500]  So we need to talk to the City Mayor's Office about that one too.
[01:21:05.500 --> 01:21:08.500]  All right, we've got some callers on the line.
[01:21:08.500 --> 01:21:11.500]  We've got Patrick from Texas, the first-time caller.
[01:21:11.500 --> 01:21:13.500]  Patrick, thank you for calling in.
[01:21:13.500 --> 01:21:16.500]  What is on your mind tonight?
[01:21:16.500 --> 01:21:23.500]  I have a ticket in Round Rock for failure to signal, and I hired an attorney.
[01:21:23.500 --> 01:21:32.500]  And the attorney went in, and they're at this stage now where he did a plea on my behalf as innocent,
[01:21:32.500 --> 01:21:40.500]  and he first came back and said, well, we have a pretrial hearing for the end of October that came and went.
[01:21:40.500 --> 01:21:44.500]  And then when I had to ask them about it, they didn't even come to me and tell me that,
[01:21:44.500 --> 01:21:49.500]  oh, well, it's been rescheduled for some time in December.
[01:21:49.500 --> 01:21:56.500]  I then ran across this rule of law radio from listening to Alex, and I ordered your materials,
[01:21:56.500 --> 01:22:01.500]  and I'm scrambling to study it all, and I've got kind of a good idea of what's going on.
[01:22:01.500 --> 01:22:07.500]  But I'm hesitant to do anything, but I really want to do something where I can, you know,
[01:22:07.500 --> 01:22:17.500]  I was listening earlier to the conversation with the city secretary and had the idea that maybe I can go in
[01:22:17.500 --> 01:22:26.500]  and change the plea, or not really change the plea, but challenge the plea that the attorney did on my behalf
[01:22:26.500 --> 01:22:32.500]  because we were pleading to something that we shouldn't be pleading to to begin with.
[01:22:32.500 --> 01:22:41.500]  Does that make sense?
[01:22:41.500 --> 01:22:48.500]  You guys there?
[01:22:48.500 --> 01:22:51.500]  Eddie, are you there?
[01:22:51.500 --> 01:22:52.500]  Yeah, I'm here.
[01:22:52.500 --> 01:22:53.500]  Okay, go ahead.
[01:22:53.500 --> 01:22:57.500]  I said there's plenty that you can do here at this point.
[01:22:57.500 --> 01:23:04.500]  The thing you have to remember is that as long as you have legal counsel, you're considered incompetent.
[01:23:04.500 --> 01:23:05.500]  Okay?
[01:23:05.500 --> 01:23:09.500]  You are a ward of the court when you hire an attorney.
[01:23:09.500 --> 01:23:17.500]  So the first thing you need to do is to check your court record so that you can prove that your attorney
[01:23:17.500 --> 01:23:23.500]  is not prosecuting the due process violations in your case, and it'll be easy enough to prove.
[01:23:23.500 --> 01:23:28.500]  Go look at the court record, go down to the court, ask to see the file.
[01:23:28.500 --> 01:23:33.500]  Tell them you want to see everything that's in the physical folder and everything that's in the computer
[01:23:33.500 --> 01:23:36.500]  regarding this citation number.
[01:23:36.500 --> 01:23:40.500]  Here's the things that at an absolute minimum must be there.
[01:23:40.500 --> 01:23:47.500]  The citation, a signed and verified complaint, and an information.
[01:23:47.500 --> 01:23:52.500]  Guess what is not going to be there 99.9% of the time?
[01:23:52.500 --> 01:23:56.500]  The complaint and the information.
[01:23:56.500 --> 01:23:57.500]  Okay?
[01:23:57.500 --> 01:23:59.500]  Here's the problem.
[01:23:59.500 --> 01:24:05.500]  Without that complaint and that information, the court has no jurisdiction to do anything,
[01:24:05.500 --> 01:24:11.500]  including taking a plea or making one on your behalf.
[01:24:11.500 --> 01:24:12.500]  They just don't have it.
[01:24:12.500 --> 01:24:16.500]  They're acting without authority, which means you can sue them.
[01:24:16.500 --> 01:24:18.500]  Okay?
[01:24:18.500 --> 01:24:24.500]  The other problem is the complaint is not a valid charging instrument.
[01:24:24.500 --> 01:24:32.500]  It does not convey any authority to the court whatsoever except to issue a warrant of arrest
[01:24:32.500 --> 01:24:36.500]  to hold a hearing for probable cause.
[01:24:36.500 --> 01:24:39.500]  They haven't done that.
[01:24:39.500 --> 01:24:49.500]  The complaint, in order for the court to gain jurisdiction to hear the case, must be accompanied by an information,
[01:24:49.500 --> 01:24:53.500]  and it must be signed by the county or district attorney.
[01:24:53.500 --> 01:24:55.500]  The law is very clear.
[01:24:55.500 --> 01:25:00.500]  A city attorney cannot sign an information,
[01:25:00.500 --> 01:25:07.500]  which is exactly the reason why a city attorney cannot prosecute a traffic case.
[01:25:07.500 --> 01:25:15.500]  The information is required, and the law does not convey authority to a city attorney to act as an attorney for the state.
[01:25:15.500 --> 01:25:18.500]  Period.
[01:25:18.500 --> 01:25:20.500]  You go look in your folder.
[01:25:20.500 --> 01:25:22.500]  All those things are missing.
[01:25:22.500 --> 01:25:29.500]  Then you go file a bar complaint against your attorney for every single one of those things that isn't there.
[01:25:29.500 --> 01:25:31.500]  There is no complaint.
[01:25:31.500 --> 01:25:32.500]  You're getting a bar complaint.
[01:25:32.500 --> 01:25:34.500]  There is no information.
[01:25:34.500 --> 01:25:36.500]  You're getting another bar complaint.
[01:25:36.500 --> 01:25:38.500]  The court lacks jurisdiction.
[01:25:38.500 --> 01:25:39.500]  You're an idiot.
[01:25:39.500 --> 01:25:43.500]  You get another bar complaint.
[01:25:43.500 --> 01:25:51.500]  The court entered a plea on my behalf against my will, or you did, absent a valid complaint and charging instrument.
[01:25:51.500 --> 01:25:53.500]  Again, you're an idiot.
[01:25:53.500 --> 01:25:56.500]  That's another bar complaint.
[01:25:56.500 --> 01:25:57.500]  Okay.
[01:25:57.500 --> 01:26:03.500]  Make him regret the day he ever laid eyes on you.
[01:26:03.500 --> 01:26:14.500]  Because he's acting as the part of the court, I'm challenging the court in that way by going after him with a bar grievance for each of those.
[01:26:14.500 --> 01:26:22.500]  You're making your attorney do his job that you paid him good money to do and he's not doing.
[01:26:22.500 --> 01:26:27.500]  Here's the first thing to remember when you hire an attorney for this type of case.
[01:26:27.500 --> 01:26:34.500]  You just put a noose around your own neck and you're just waiting for the opportune time to jump off the building.
[01:26:34.500 --> 01:26:41.500]  And your attorney is going to be the one that either A, tells you when to jump, or B, pushes you.
[01:26:41.500 --> 01:26:44.500]  I was going to say he's going to be the one that pushes you.
[01:26:44.500 --> 01:26:45.500]  Okay.
[01:26:45.500 --> 01:26:54.500]  So he's either going to get you to hang yourself, or if you won't do that, then he's going to push you.
[01:26:54.500 --> 01:26:57.500]  You need to be controlling your attorney.
[01:26:57.500 --> 01:27:00.500]  This is how you're going to do it.
[01:27:00.500 --> 01:27:05.500]  Yeah, and if you don't have jurisdictionary yet, Patrick, you may want to get jurisdictionary.
[01:27:05.500 --> 01:27:07.500]  That'll teach you how to control your attorney as well.
[01:27:07.500 --> 01:27:08.500]  Yeah.
[01:27:08.500 --> 01:27:12.500]  The other thing is when did you get the seminar material?
[01:27:12.500 --> 01:27:15.500]  I just got the password on Friday.
[01:27:15.500 --> 01:27:16.500]  Okay.
[01:27:16.500 --> 01:27:22.500]  So you should have, there is one current updated motion you need to file immediately.
[01:27:22.500 --> 01:27:25.500]  That's the one we filed today in this young lady's case.
[01:27:25.500 --> 01:27:32.500]  So if you will send me an email at eddie at ruleoflawradio.com, I will email that to you.
[01:27:32.500 --> 01:27:36.500]  Is this the motion that Randy is currently looking over right now, Randy and I?
[01:27:36.500 --> 01:27:37.500]  Yes.
[01:27:37.500 --> 01:27:38.500]  I went ahead and did it without him.
[01:27:38.500 --> 01:27:39.500]  Okay.
[01:27:39.500 --> 01:27:43.500]  Well, I talked to him a little while ago and I told him he needs to get on that.
[01:27:43.500 --> 01:27:47.500]  I'm reviewing it as well and he said he's going to finish reading it in the morning.
[01:27:47.500 --> 01:27:50.500]  Randy and I will finish going over this hopefully by the end of the day tomorrow
[01:27:50.500 --> 01:27:58.500]  so that we can get that, any necessary changes done and get that sent out to the entire traffic seminar group.
[01:27:58.500 --> 01:27:59.500]  Yeah.
[01:27:59.500 --> 01:28:02.500]  But that one's going to be the one you want to file immediately.
[01:28:02.500 --> 01:28:13.500]  And you want to make sure to give a copy of it to your attorney and ask him why didn't you adjudicate any of this?
[01:28:13.500 --> 01:28:19.500]  Now in the traffic seminar material there's also a motion challenging the authority of the prosecuting attorney.
[01:28:19.500 --> 01:28:23.500]  It's prosecutor, it's petition for prosecutor to show authority.
[01:28:23.500 --> 01:28:24.500]  Okay?
[01:28:24.500 --> 01:28:33.500]  Texas law is very, very clear in the fact that a city attorney cannot and does not have the authority to act as an attorney for the state.
[01:28:33.500 --> 01:28:38.500]  The legislature has created a catch-22 for the municipal court.
[01:28:38.500 --> 01:28:45.500]  In Chapter 45, Code of Criminal Procedure, they specifically spelled out that in all prosecutions the criminal,
[01:28:45.500 --> 01:28:49.500]  the city attorney shall prosecute in the municipal court.
[01:28:49.500 --> 01:28:55.500]  However, it did not say in all criminal prosecutions.
[01:28:55.500 --> 01:29:03.500]  It simply says the city attorney shall be there for all prosecutions in the municipal court.
[01:29:03.500 --> 01:29:05.500]  Well, here's the problem.
[01:29:05.500 --> 01:29:10.500]  The city attorney cannot sign the information which is mandatory.
[01:29:10.500 --> 01:29:14.500]  So he can't prosecute any criminal act that requires an information.
[01:29:14.500 --> 01:29:16.500]  Guess what?
[01:29:16.500 --> 01:29:22.500]  Traffic citation, misdemeanor case, 2.05 Code of Criminal Procedure,
[01:29:22.500 --> 01:29:26.500]  in a county having one or more criminal district courts,
[01:29:26.500 --> 01:29:31.500]  an information must be filed in all misdemeanor cases.
[01:29:31.500 --> 01:29:34.500]  End of story.
[01:29:34.500 --> 01:29:40.500]  Your attorney is selling you down the river and you don't even know it yet.
[01:29:40.500 --> 01:29:43.500]  And he's sucking money out of your pocket while he's doing it.
[01:29:43.500 --> 01:29:45.500]  Okay, Patrick, do you need to stay on the line?
[01:29:45.500 --> 01:29:48.500]  Do you have anything else to tell Patrick, Eddie?
[01:29:48.500 --> 01:29:49.500]  No, that'll do it.
[01:29:49.500 --> 01:29:51.500]  Okay, Patrick.
[01:29:51.500 --> 01:29:52.500]  Thank you, guys.
[01:29:52.500 --> 01:29:53.500]  Thank you.
[01:29:53.500 --> 01:29:54.500]  We'll be right back, folks.
[01:29:54.500 --> 01:29:55.500]  We'll be taking more of your calls.
[01:29:55.500 --> 01:29:57.500]  We've got Roy and Anthony.
[01:29:57.500 --> 01:29:58.500]  Diane dropped off the line.
[01:29:58.500 --> 01:29:59.500]  Call back if you like.
[01:29:59.500 --> 01:30:03.500]  Top ten reasons to question the official story of the Oklahoma City bombing.
[01:30:03.500 --> 01:30:05.500]  Number nine, the extra leg.
[01:30:05.500 --> 01:30:08.500]  Former Oklahoma State medical examiner, Dr. Fred Jordan, had stated,
[01:30:08.500 --> 01:30:12.500]  we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.500 --> 01:30:15.500]  Chief pathologist for Northern Ireland, T.K. Marshall,
[01:30:15.500 --> 01:30:18.500]  who performed over 2,500 autopsies in his time, stated,
[01:30:18.500 --> 01:30:20.500]  there has never been an unknown victim.
[01:30:20.500 --> 01:30:22.500]  This leg belonged to a perpetrator close enough to the bomb
[01:30:22.500 --> 01:30:26.500]  for his body to be damaged, leaving only a left leg behind.
[01:30:26.500 --> 01:30:27.500]  Who was this person?
[01:30:27.500 --> 01:30:34.500]  Please go to okcbombingtruth.com.
[01:30:34.500 --> 01:30:39.500]  Did you know the sound of your voice could be used like a fingerprint to identify you?
[01:30:39.500 --> 01:30:44.500]  How the voice print and a growing number of corporations and governments are capturing them.
[01:30:44.500 --> 01:30:47.500]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[01:30:47.500 --> 01:30:49.500]  Privacy is under attack.
[01:30:49.500 --> 01:30:53.500]  When you give up data about yourself, you'll never get it back again.
[01:30:53.500 --> 01:30:57.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.500 --> 01:30:59.500]  So protect your rights.
[01:30:59.500 --> 01:31:03.500]  Say no to surveillance and keep your information to yourself.
[01:31:03.500 --> 01:31:05.500]  Privacy, it's worth hanging on to.
[01:31:05.500 --> 01:31:09.500]  This public service announcement is brought to you by Startpage.com,
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[01:31:13.500 --> 01:31:16.500]  Start over with Startpage.
[01:31:16.500 --> 01:31:19.500]  Your voice is like a fingerprint made of sound,
[01:31:19.500 --> 01:31:23.500]  with a unique pattern that can be captured, recorded, and used to identify you.
[01:31:23.500 --> 01:31:28.500]  Interpol, the international police force, wants voice prints from suspicious persons worldwide.
[01:31:28.500 --> 01:31:30.500]  The Pentagon is on board too,
[01:31:30.500 --> 01:31:34.500]  and U.S. and British eavesdropping programs have amassed a mountain of data.
[01:31:34.500 --> 01:31:37.500]  Voice biometrics would let officials sift through that data
[01:31:37.500 --> 01:31:41.500]  to hone in on a particular person's voice, like a needle in a haystack.
[01:31:41.500 --> 01:31:45.500]  If that makes you nervous, watch out the next time you call a customer service line.
[01:31:45.500 --> 01:31:49.500]  Many corporations have started using voice print technology to authenticate customers
[01:31:49.500 --> 01:31:53.500]  and match their voices with their identities in the database.
[01:31:53.500 --> 01:32:15.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:15.500 --> 01:32:18.500]  Okay, folks, we are back.
[01:32:18.500 --> 01:32:20.500]  This is the rule of law.
[01:32:20.500 --> 01:32:24.500]  We're taking your calls. We've got Roy in Texas now.
[01:32:24.500 --> 01:32:27.500]  Roy, thanks for calling in. What is on your mind tonight?
[01:32:27.500 --> 01:32:31.500]  Yeah, I called a couple of times. I'm the guy that's got the warrants in Austin,
[01:32:31.500 --> 01:32:37.500]  and I called down to try to get a copy of the court records so I could fight this thing,
[01:32:37.500 --> 01:32:41.500]  and I was told that, no, you have to come here. You have to come to Austin.
[01:32:41.500 --> 01:32:45.500]  And then I asked the lady, I said, well, what if I just decide to pay him off?
[01:32:45.500 --> 01:32:48.500]  She goes, you can't pay him off over the phone. You have to come here.
[01:32:48.500 --> 01:32:51.500]  So what is my next move?
[01:32:51.500 --> 01:32:56.500]  What they want to do is to throw you in jail so you can pay them even more money.
[01:32:56.500 --> 01:32:58.500]  Right. I know. I realize that.
[01:32:58.500 --> 01:33:06.500]  Okay. And not allowing you to pay it off without showing up,
[01:33:06.500 --> 01:33:09.500]  that's the first I would have ever heard of that.
[01:33:09.500 --> 01:33:12.500]  They're usually more than happy to get your money.
[01:33:12.500 --> 01:33:13.500]  Right.
[01:33:13.500 --> 01:33:18.500]  So they want you here for a different reason.
[01:33:18.500 --> 01:33:22.500]  As far as what you can do about it, without quashing the warrant,
[01:33:22.500 --> 01:33:28.500]  which I'm sure exists, there's not going to be much to do other than show up and do that.
[01:33:28.500 --> 01:33:32.500]  But what you can do, do you have the seminar material?
[01:33:32.500 --> 01:33:38.500]  Yeah, I've got the house stuff and I've also got the jurisdiction.
[01:33:38.500 --> 01:33:43.500]  Okay. If you'll send me an email, I will send you the updated first blush motion.
[01:33:43.500 --> 01:33:45.500]  You need to file that immediately.
[01:33:45.500 --> 01:33:46.500]  Okay.
[01:33:46.500 --> 01:33:49.500]  With any luck, this motion will make it clear.
[01:33:49.500 --> 01:33:52.500]  Now, I'm assuming the warrants are for failure to appear?
[01:33:52.500 --> 01:33:53.500]  Yes.
[01:33:53.500 --> 01:34:01.500]  Okay. If this motion works as the law shows that it should, you should be able to quash that.
[01:34:01.500 --> 01:34:04.500]  Okay.
[01:34:04.500 --> 01:34:10.500]  It really just depends on how much, you know, effort you put into it
[01:34:10.500 --> 01:34:12.500]  and how much you stick to your guns.
[01:34:12.500 --> 01:34:13.500]  Okay.
[01:34:13.500 --> 01:34:15.500]  But you can fax it in or mail it in.
[01:34:15.500 --> 01:34:18.500]  I would send it certified mail return receipt requested myself.
[01:34:18.500 --> 01:34:21.500]  Right, yeah, I realize that.
[01:34:21.500 --> 01:34:22.500]  Okay.
[01:34:22.500 --> 01:34:25.500]  Well, I will send you an email if you send me the information
[01:34:25.500 --> 01:34:27.500]  because I'm not laying down on this.
[01:34:27.500 --> 01:34:29.500]  I'm fighting tooth and nail.
[01:34:29.500 --> 01:34:30.500]  I don't care about that.
[01:34:30.500 --> 01:34:31.500]  I'm disabled.
[01:34:31.500 --> 01:34:34.500]  I broke my back a couple years ago. I got nothing else to do.
[01:34:34.500 --> 01:34:36.500]  Okay.
[01:34:36.500 --> 01:34:37.500]  All right, thanks.
[01:34:37.500 --> 01:34:38.500]  All right, thanks, Roy.
[01:34:38.500 --> 01:34:39.500]  Yes, sir.
[01:34:39.500 --> 01:34:41.500]  Okay, we're going now to Anthony in Texas.
[01:34:41.500 --> 01:34:43.500]  Anthony, thanks for calling in.
[01:34:43.500 --> 01:34:45.500]  What's on your mind tonight?
[01:34:45.500 --> 01:34:48.500]  Well, I had that meeting with that court-appointed attorney
[01:34:48.500 --> 01:34:49.500]  I was talking about Friday night.
[01:34:49.500 --> 01:34:51.500]  Right.
[01:34:51.500 --> 01:34:55.500]  And he told me pretty much that due process does not pertain to me at all
[01:34:55.500 --> 01:34:58.500]  because I'm a juvenile or I'm not a juvenile
[01:34:58.500 --> 01:35:01.500]  and that I had a bond hearing and I already paid the bond,
[01:35:01.500 --> 01:35:04.500]  so it doesn't matter about the examining trial.
[01:35:04.500 --> 01:35:07.500]  Yeah, that's a typical lie.
[01:35:07.500 --> 01:35:08.500]  We hear that all the time.
[01:35:08.500 --> 01:35:11.500]  That's not true.
[01:35:11.500 --> 01:35:13.500]  What am I supposed to do?
[01:35:13.500 --> 01:35:14.500]  Now, wait a minute.
[01:35:14.500 --> 01:35:16.500]  You are a minor or you're not a minor?
[01:35:16.500 --> 01:35:17.500]  I'm not. I'm not.
[01:35:17.500 --> 01:35:20.500]  I'm not a minor.
[01:35:20.500 --> 01:35:23.500]  So minors don't get due process in Texas
[01:35:23.500 --> 01:35:26.500]  is what this guy is trying to tell you?
[01:35:26.500 --> 01:35:27.500]  No, I don't know.
[01:35:27.500 --> 01:35:28.500]  It just doesn't pertain to me.
[01:35:28.500 --> 01:35:31.500]  I don't know what he's trying to say.
[01:35:31.500 --> 01:35:33.500]  Are they charging you as an adult?
[01:35:33.500 --> 01:35:34.500]  Yes.
[01:35:34.500 --> 01:35:36.500]  Well, then you get due process.
[01:35:36.500 --> 01:35:37.500]  Yeah, that's what I was trying to tell him,
[01:35:37.500 --> 01:35:40.500]  but he's like, no, it doesn't pertain to you in this situation.
[01:35:40.500 --> 01:35:44.500]  Eddie, do you have any comments about this?
[01:35:44.500 --> 01:35:50.500]  Just the usual what an idiot bunch of stuff, but okay.
[01:35:50.500 --> 01:35:53.500]  This is the garage door thing, right?
[01:35:53.500 --> 01:35:55.500]  No.
[01:35:55.500 --> 01:35:57.500]  Which case is yours?
[01:35:57.500 --> 01:35:58.500]  Which one are we discussing here?
[01:35:58.500 --> 01:36:00.500]  Me and my friend got arrested one night,
[01:36:00.500 --> 01:36:03.500]  and then they did the same thing they did last night.
[01:36:03.500 --> 01:36:04.500]  Wait, wait, wait.
[01:36:04.500 --> 01:36:08.500]  This is when y'all were in the car in the parking lot of an apartment complex, right?
[01:36:08.500 --> 01:36:09.500]  Yes.
[01:36:09.500 --> 01:36:10.500]  Oh, okay.
[01:36:10.500 --> 01:36:11.500]  All right.
[01:36:11.500 --> 01:36:12.500]  All right.
[01:36:12.500 --> 01:36:15.500]  So what exactly are they charging you with
[01:36:15.500 --> 01:36:17.500]  and what did the attorney tell you?
[01:36:17.500 --> 01:36:21.500]  Possession, and he's saying that the examining child,
[01:36:21.500 --> 01:36:26.500]  it doesn't matter about that because I already paid my bond.
[01:36:26.500 --> 01:36:27.500]  Okay.
[01:36:27.500 --> 01:36:28.500]  So it doesn't pertain anymore.
[01:36:28.500 --> 01:36:29.500]  It doesn't pertain.
[01:36:29.500 --> 01:36:31.500]  That's baloney.
[01:36:31.500 --> 01:36:32.500]  I'm trying to tell him.
[01:36:32.500 --> 01:36:37.500]  The examining trial, you lose the examining trial after an indictment.
[01:36:37.500 --> 01:36:40.500]  Are they charging you with a misdemeanor or a felony?
[01:36:40.500 --> 01:36:42.500]  Misdemeanor.
[01:36:42.500 --> 01:36:45.500]  Okay.
[01:36:45.500 --> 01:36:51.500]  Anything in the offense say that you can be incarcerated?
[01:36:51.500 --> 01:36:54.500]  Is it a Class A or Class B?
[01:36:54.500 --> 01:36:58.500]  I think it's the one that's not as bad.
[01:36:58.500 --> 01:37:00.500]  Class, I don't know what class that is.
[01:37:00.500 --> 01:37:02.500]  Well, you got A, B, and C.
[01:37:02.500 --> 01:37:03.500]  Yeah, A is the worst.
[01:37:03.500 --> 01:37:04.500]  C is fine only.
[01:37:04.500 --> 01:37:07.500]  A or B can have jail time associated with them.
[01:37:07.500 --> 01:37:08.500]  It's a B.
[01:37:08.500 --> 01:37:12.500]  So you can go to jail.
[01:37:12.500 --> 01:37:19.500]  Okay, so 26.04, Code of Criminal Procedure specifically applies to you.
[01:37:19.500 --> 01:37:25.500]  So your attorney, two things you need to tell him.
[01:37:25.500 --> 01:37:29.500]  You're getting a bar grievance filed against you on these grounds.
[01:37:29.500 --> 01:37:33.500]  You are not adjudicating my due process rights.
[01:37:33.500 --> 01:37:40.500]  26.04 says I get an examining trial unless there is already an indictment handed down.
[01:37:40.500 --> 01:37:42.500]  Is there an indictment?
[01:37:42.500 --> 01:37:43.500]  No.
[01:37:43.500 --> 01:37:49.500]  Okay, then you're entitled to an examining trial.
[01:37:49.500 --> 01:37:55.500]  You tell him that he better fight for your right to the examining trial under the specific statute that Eddie is citing right now,
[01:37:55.500 --> 01:37:57.500]  or else he's going to get a bar grievance slapped on his butt.
[01:37:57.500 --> 01:37:58.500]  No, no, no.
[01:37:58.500 --> 01:38:02.500]  You file one on him immediately and you give him a copy of it.
[01:38:02.500 --> 01:38:09.500]  And then you tell him you will go fight this properly or I'm going to file another one.
[01:38:09.500 --> 01:38:11.500]  Yeah, that's even better.
[01:38:11.500 --> 01:38:13.500]  Okay.
[01:38:13.500 --> 01:38:23.500]  You will adjudicate every single violation of my due process rights or I will file a bar grievance against you for every single one.
[01:38:23.500 --> 01:38:29.500]  He's going to, as Randy says, he's going to go beg the judge to let him off the hook.
[01:38:29.500 --> 01:38:30.500]  Absolutely.
[01:38:30.500 --> 01:38:31.500]  He already did.
[01:38:31.500 --> 01:38:35.500]  Okay, then you tell the judge, no, this is my attorney.
[01:38:35.500 --> 01:38:37.500]  You're not going to interfere in that.
[01:38:37.500 --> 01:38:41.500]  No, he just said you need to go hire you another one.
[01:38:41.500 --> 01:38:43.500]  Who said that?
[01:38:43.500 --> 01:38:44.500]  The judge.
[01:38:44.500 --> 01:38:47.500]  Did the judge let the court-appointed attorney off the case?
[01:38:47.500 --> 01:38:48.500]  No, not yet.
[01:38:48.500 --> 01:38:51.500]  As of right now, the attorney was saying that he...
[01:38:51.500 --> 01:38:52.500]  You object, Anthony.
[01:38:52.500 --> 01:38:56.500]  You object and you tell him this is my attorney.
[01:38:56.500 --> 01:38:57.500]  He is court-appointed.
[01:38:57.500 --> 01:39:03.500]  I do not relieve him of his duties and responsibility to adjudicate my rights.
[01:39:03.500 --> 01:39:08.500]  This is a private contract at this point, judge, and you have no right to interfere in it.
[01:39:08.500 --> 01:39:14.500]  Tell the judge that it's tortious interference of a contract if he dismisses the attorney off the case.
[01:39:14.500 --> 01:39:16.500]  Okay, okay.
[01:39:16.500 --> 01:39:22.500]  And that will make him my attorney and then probably make him adjudicate my rights?
[01:39:22.500 --> 01:39:23.500]  Well, maybe.
[01:39:23.500 --> 01:39:25.500]  The judge may let him off the case anyway.
[01:39:25.500 --> 01:39:27.500]  We never know.
[01:39:27.500 --> 01:39:31.500]  But if he does, they can't make you hire an attorney.
[01:39:31.500 --> 01:39:34.500]  The court would have to appoint you another one at that point.
[01:39:34.500 --> 01:39:35.500]  Okay, so I would say that.
[01:39:35.500 --> 01:39:37.500]  Disappoint me another one then.
[01:39:37.500 --> 01:39:39.500]  No, don't say appoint me another one.
[01:39:39.500 --> 01:39:40.500]  Say you tell the judge...
[01:39:40.500 --> 01:39:41.500]  You want to keep the one you have.
[01:39:41.500 --> 01:39:43.500]  You want to keep the one you have.
[01:39:43.500 --> 01:39:48.500]  You object to the judge if he tries to dismiss the attorney off the case.
[01:39:48.500 --> 01:39:50.500]  Say I object, Your Honor.
[01:39:50.500 --> 01:39:51.500]  This is a private contract.
[01:39:51.500 --> 01:39:53.500]  This is my court-appointed attorney.
[01:39:53.500 --> 01:39:55.500]  I am not relieving him of his duty.
[01:39:55.500 --> 01:39:57.500]  I object.
[01:39:57.500 --> 01:39:59.500]  Well, what if he just says, no, it doesn't matter.
[01:39:59.500 --> 01:40:02.500]  He's not your attorney no more?
[01:40:02.500 --> 01:40:03.500]  Well, if the judge...
[01:40:03.500 --> 01:40:06.500]  You file a complaint against the judge.
[01:40:06.500 --> 01:40:07.500]  Okay, okay.
[01:40:07.500 --> 01:40:15.500]  And file another one against the attorney for seeking to leave as your counsel just because you were going to hold him to adjudicating your rights.
[01:40:15.500 --> 01:40:18.500]  Okay.
[01:40:18.500 --> 01:40:26.500]  And then at another point, you may need to file a petition to have court-appointed attorney appointed to you again.
[01:40:26.500 --> 01:40:28.500]  But we'll cross that bridge when we come to it.
[01:40:28.500 --> 01:40:33.500]  Right now, don't let you object and do everything you can not to let this attorney go.
[01:40:33.500 --> 01:40:34.500]  All right.
[01:40:34.500 --> 01:40:36.500]  You've got to hold his feet to the fire.
[01:40:36.500 --> 01:40:37.500]  All right.
[01:40:36.500 --> 01:40:37.500]  Sounds good.
[01:40:37.500 --> 01:40:45.500]  And I was wondering if Randy got my e-mail because I was asking for those different bar grievances I could file against him and about...
[01:40:45.500 --> 01:40:49.500]  He never sent you the set of motions he was supposed to?
[01:40:49.500 --> 01:40:50.500]  No, ma'am.
[01:40:50.500 --> 01:40:51.500]  No, ma'am.
[01:40:51.500 --> 01:40:52.500]  Okay, yeah.
[01:40:52.500 --> 01:40:55.500]  Well, he's got him up on jurisprudence.
[01:40:55.500 --> 01:40:58.500]  I'll see if I can find them for you.
[01:40:58.500 --> 01:40:59.500]  Send me an e-mail.
[01:40:59.500 --> 01:41:00.500]  All righty.
[01:41:00.500 --> 01:41:02.500]  Randy's super, super busy right now.
[01:41:02.500 --> 01:41:04.500]  He can hardly get to his e-mail.
[01:41:04.500 --> 01:41:05.500]  Sorry about that.
[01:41:05.500 --> 01:41:06.500]  No, it's fine.
[01:41:06.500 --> 01:41:07.500]  That's fine.
[01:41:07.500 --> 01:41:08.500]  All right.
[01:41:08.500 --> 01:41:09.500]  Thanks, guys.
[01:41:08.500 --> 01:41:09.500]  Okay.
[01:41:08.500 --> 01:41:09.500]  Thanks, Anthony.
[01:41:09.500 --> 01:41:10.500]  Bye.
[01:41:09.500 --> 01:41:10.500]  All right.
[01:41:10.500 --> 01:41:11.500]  Bye-bye.
[01:41:10.500 --> 01:41:11.500]  All right.
[01:41:11.500 --> 01:41:12.500]  We're taking your calls.
[01:41:12.500 --> 01:41:15.500]  We've got two minutes left in this segment, and then we're going to our final segment.
[01:41:15.500 --> 01:41:19.500]  We've got open phone lines, 512-646-1984.
[01:41:19.500 --> 01:41:23.500]  We had a first-time call with Diane calling a minute ago, about 10 minutes ago.
[01:41:23.500 --> 01:41:24.500]  She dropped off.
[01:41:24.500 --> 01:41:26.500]  Diane, if you'd like to call back in, we'll put you to the top of the list.
[01:41:26.500 --> 01:41:29.500]  In the meantime, we've got Doug from Wisconsin.
[01:41:29.500 --> 01:41:30.500]  Doug, thank you for calling in.
[01:41:30.500 --> 01:41:32.500]  What's on your mind tonight?
[01:41:32.500 --> 01:41:33.500]  Hi.
[01:41:33.500 --> 01:41:42.500]  I e-mailed Eddie a couple weeks ago regarding my auto insurance getting raised based on a credit check.
[01:41:42.500 --> 01:41:44.500]  Yeah, I'm still checking into that, Doug.
[01:41:44.500 --> 01:41:51.500]  I still have not found unless there's something specific in your state that allows them to do that.
[01:41:51.500 --> 01:41:57.500]  I don't know how they can be using a credit report to increase your insurance rates.
[01:41:57.500 --> 01:42:01.500]  You're going to specifically need to – where are you?
[01:42:01.500 --> 01:42:02.500]  Wisconsin.
[01:42:02.500 --> 01:42:09.500]  Yeah, you're going to need to check the Wisconsin statutes and see what authority was given to them to do that
[01:42:09.500 --> 01:42:17.500]  because a credit report has nothing to do with your ability to have auto insurance.
[01:42:17.500 --> 01:42:24.500]  Unless the legislature specifically gave them some authority that nobody's been made aware of to do it that way,
[01:42:24.500 --> 01:42:28.500]  something's up here, and it's not kosher.
[01:42:28.500 --> 01:42:40.500]  Yeah, you had asked me to find the company policy and also ask if there's some law that they were basing this decision on.
[01:42:40.500 --> 01:42:43.500]  Everybody I talked to said there wasn't.
[01:42:43.500 --> 01:42:50.500]  They just changed their policy and they're one of the few – they were one of the few left that didn't have the policy of –
[01:42:50.500 --> 01:42:54.500]  apparently everybody is – all the insurance companies are doing this.
[01:42:54.500 --> 01:43:00.500]  The problem is the auto insurance company can't do it without authorization in law.
[01:43:00.500 --> 01:43:07.500]  If that authorization doesn't exist, neither does their authority to do it.
[01:43:07.500 --> 01:43:08.500]  Okay.
[01:43:08.500 --> 01:43:14.500]  The insurance companies can only do what the state allows them to do.
[01:43:14.500 --> 01:43:17.500]  So somewhere there has to be a law that gives them that ability.
[01:43:17.500 --> 01:43:22.500]  If there isn't one and they're doing it, I would go straight to my state representative
[01:43:22.500 --> 01:43:27.500]  and start raising cane real fast, real loud, real quick.
[01:43:27.500 --> 01:43:31.500]  So you would start searching this by looking where?
[01:43:31.500 --> 01:43:33.500]  It must be something pretty recent, right?
[01:43:33.500 --> 01:43:38.500]  I would start with the insurance code, whatever that is in your state.
[01:43:38.500 --> 01:43:40.500]  Okay.
[01:43:40.500 --> 01:43:43.500]  Yeah, I'm sure you were real busy. I didn't want to keep testing you.
[01:43:43.500 --> 01:43:45.500]  Yeah, I apologize for not getting back to you.
[01:43:45.500 --> 01:43:51.500]  I've been trying to prepare for this legislative meeting so we can get this stuff fixed here in Texas.
[01:43:51.500 --> 01:43:53.500]  Okay, listen, is that all Doug? We're going to break.
[01:43:53.500 --> 01:43:54.500]  Yeah, that's fine.
[01:43:54.500 --> 01:44:04.500]  Okay, thanks folks. We'll be right back after these short messages.
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[01:46:00.500 --> 01:46:22.500]  Hello. Oh, man. In jail. You got busted, man. Oh, man, I'm broke, man.
[01:46:22.500 --> 01:46:44.500]  Okay, folks, we are back. Final segment, Monday night, traffic night,
[01:46:44.500 --> 01:46:48.500]  Eddie's night, rule of law radio, ruleoflawradio.com.
[01:46:48.500 --> 01:46:51.500]  Of course, we'll talk about other issues as well.
[01:46:51.500 --> 01:46:53.500]  We've got Mark from Wisconsin calling in.
[01:46:53.500 --> 01:46:56.500]  Hey, Mark, thanks for calling in. What's on your mind?
[01:46:56.500 --> 01:47:00.500]  Hi. I was just going to say, Doug in Wisconsin, you should look up,
[01:47:00.500 --> 01:47:03.500]  I think it's the Wisconsin Insurance Commission.
[01:47:03.500 --> 01:47:08.500]  They just passed a whole slew of legislation, I believe, last year.
[01:47:08.500 --> 01:47:15.500]  Anyway, it was recent that the insurance companies can do pretty much anything they want
[01:47:15.500 --> 01:47:17.500]  as long as they give you notice.
[01:47:17.500 --> 01:47:22.500]  And if you look under the FDCPA, insurance companies can pull your credit report
[01:47:22.500 --> 01:47:27.500]  any time they want if you're doing business with them.
[01:47:27.500 --> 01:47:31.500]  So I've looked into it, too, because they raised my rates for, you know,
[01:47:31.500 --> 01:47:34.500]  no particular reason just because they felt like it.
[01:47:34.500 --> 01:47:38.500]  And everything I ran into says they can do it.
[01:47:38.500 --> 01:47:42.500]  So it sounds like it's time for you folks in Wisconsin to be stomping on your
[01:47:42.500 --> 01:47:46.500]  representatives asking why they're selling you out to the insurance companies.
[01:47:46.500 --> 01:47:48.500]  Yeah, no kidding.
[01:47:48.500 --> 01:47:51.500]  It's incredible what's going on here in Wisconsin, Addie.
[01:47:51.500 --> 01:47:56.500]  I mean, 99 percent of the population are walking retards.
[01:47:56.500 --> 01:47:58.500]  They have no idea what's going on in this country.
[01:47:58.500 --> 01:48:02.500]  I mean, they don't even know that if it weren't for food stamps,
[01:48:02.500 --> 01:48:05.500]  you'd see soup lines all around the country.
[01:48:05.500 --> 01:48:10.500]  They have no idea. They're living in la-la land.
[01:48:10.500 --> 01:48:13.500]  And then, you know, Addie, I've been going through the statutes,
[01:48:13.500 --> 01:48:15.500]  and you should see the statutes in Wisconsin.
[01:48:15.500 --> 01:48:19.500]  There is nothing constitutional about the statutes in this state.
[01:48:19.500 --> 01:48:23.500]  Oh, I'm sure.
[01:48:23.500 --> 01:48:25.500]  I mean, I haven't dug into it like you have,
[01:48:25.500 --> 01:48:30.500]  but on its face it's unconstitutional.
[01:48:30.500 --> 01:48:31.500]  You know what I mean?
[01:48:31.500 --> 01:48:32.500]  Yeah.
[01:48:32.500 --> 01:48:34.500]  I don't even think they have to have a complainer information
[01:48:34.500 --> 01:48:37.500]  for traffic offenses either.
[01:48:37.500 --> 01:48:40.500]  I think all they have to have is a citation.
[01:48:40.500 --> 01:48:45.500]  This is in Wisconsin you're talking about?
[01:48:45.500 --> 01:48:46.500]  Yeah.
[01:48:46.500 --> 01:48:50.500]  And I've been going over that case with, you know, the Wisconsin Five,
[01:48:50.500 --> 01:48:55.500]  and it appears as though they've taken a state statute
[01:48:55.500 --> 01:49:00.500]  and turned it into a city ordinance to create revenue for the city,
[01:49:00.500 --> 01:49:07.500]  because the statute, the municipal code is exactly the same as the statute.
[01:49:07.500 --> 01:49:09.500]  And that's the way it should be.
[01:49:09.500 --> 01:49:13.500]  The municipal code must be based on a statute, anything,
[01:49:13.500 --> 01:49:15.500]  and it should be identical,
[01:49:15.500 --> 01:49:20.500]  because the municipality is not allowed to add or subtract from the law itself.
[01:49:20.500 --> 01:49:22.500]  The difference is the municipality,
[01:49:22.500 --> 01:49:25.500]  if you have an enacting clause in your Constitution,
[01:49:25.500 --> 01:49:30.500]  I don't see how the municipality can charge you under an ordinance.
[01:49:30.500 --> 01:49:34.500]  They have to charge you under the state law, not the ordinance.
[01:49:34.500 --> 01:49:36.500]  That's what I'm saying.
[01:49:36.500 --> 01:49:37.500]  I read an appellate case.
[01:49:37.500 --> 01:49:40.500]  The appellate court says that there is an enacting clause.
[01:49:40.500 --> 01:49:41.500]  I haven't found it yet.
[01:49:41.500 --> 01:49:43.500]  I was going to look that up tomorrow.
[01:49:43.500 --> 01:49:46.500]  But how can it be that when you're in Madison
[01:49:46.500 --> 01:49:49.500]  and you get disorderly conduct, there's an ordinance violation,
[01:49:49.500 --> 01:49:51.500]  but if you're in the next town over,
[01:49:51.500 --> 01:49:55.500]  it's a misdemeanor under the state court system?
[01:49:55.500 --> 01:50:00.500]  Well, a municipality is not required to create an ordinance,
[01:50:00.500 --> 01:50:06.500]  but the problem is they have created an ordinance that is distinct from state law.
[01:50:06.500 --> 01:50:10.500]  And if your state Constitution has an enacting clause in it,
[01:50:10.500 --> 01:50:13.500]  not the statute itself, but your Constitution,
[01:50:13.500 --> 01:50:16.500]  for instance, here in Texas, ours says,
[01:50:16.500 --> 01:50:20.500]  all laws shall have the following enacting clause,
[01:50:20.500 --> 01:50:23.500]  be it enacted by the legislature of the state of Texas.
[01:50:23.500 --> 01:50:28.500]  If there's something like that in the Constitution of Wisconsin,
[01:50:28.500 --> 01:50:34.500]  then any law that's passed by anyone other than your legislature is not a law.
[01:50:34.500 --> 01:50:39.500]  It's a rule, and it's not binding upon the public as a law.
[01:50:39.500 --> 01:50:42.500]  It can only bind those that are subject to the rule,
[01:50:42.500 --> 01:50:47.500]  which would be a city employee or someone contracted with the city.
[01:50:47.500 --> 01:50:52.500]  That's why they can only charge the people under the statute,
[01:50:52.500 --> 01:50:54.500]  not under the ordinance.
[01:50:54.500 --> 01:51:00.500]  They can only charge their employees and their contractors under the ordinance.
[01:51:00.500 --> 01:51:06.500]  I saw a guy who challenged being called a person under the code,
[01:51:06.500 --> 01:51:10.500]  and the appellate court just rolled over him on that,
[01:51:10.500 --> 01:51:12.500]  and they didn't even cite any cases.
[01:51:12.500 --> 01:51:15.500]  That's right, and that's the way they're going to do it
[01:51:15.500 --> 01:51:18.500]  until you beat them up so bad they can't stand it.
[01:51:18.500 --> 01:51:25.500]  The appellate courts here are the same way when you go from the JP or the municipal into the county.
[01:51:25.500 --> 01:51:28.500]  The county is also just an inept judge,
[01:51:28.500 --> 01:51:37.500]  but the further up the chain you go, the more knowledgeable they become,
[01:51:37.500 --> 01:51:40.500]  not more likely to obey the law, you understand,
[01:51:40.500 --> 01:51:43.500]  but they definitely understand and apply the argument better,
[01:51:43.500 --> 01:51:47.500]  as long as you make the correct one.
[01:51:47.500 --> 01:51:48.500]  Right, right.
[01:51:48.500 --> 01:51:53.500]  I just couldn't believe an appellate court judge talked about the issue,
[01:51:53.500 --> 01:51:58.500]  answered on the issue, and then didn't cite any case law.
[01:51:58.500 --> 01:52:03.500]  He just said that we find that you're a person.
[01:52:03.500 --> 01:52:07.500]  Well, then that's when you file the findings of facts and conclusions of law on the case
[01:52:07.500 --> 01:52:11.500]  and make them show how they came to that conclusion.
[01:52:11.500 --> 01:52:13.500]  That's what they're for.
[01:52:13.500 --> 01:52:15.500]  We need to get rid of the Bar Association,
[01:52:15.500 --> 01:52:18.500]  because these guys are some lame ass people.
[01:52:18.500 --> 01:52:20.500]  Hey, I'm working on it, at least here in Texas.
[01:52:20.500 --> 01:52:24.500]  If we kick them out of every state, who are they going to adjudicate over
[01:52:24.500 --> 01:52:27.500]  or rule over other than in Washington, D.C.?
[01:52:27.500 --> 01:52:30.500]  Won't be anybody else left if we get them kicked out of the states.
[01:52:30.500 --> 01:52:32.500]  I'm working on doing that here.
[01:52:32.500 --> 01:52:38.500]  I mean, imagine creating a monopoly on bootlickers.
[01:52:38.500 --> 01:52:43.500]  Well, that's been going on for a long time.
[01:52:43.500 --> 01:52:44.500]  It's incredible.
[01:52:44.500 --> 01:52:45.500]  Oh, man.
[01:52:45.500 --> 01:52:46.500]  Thanks a lot.
[01:52:46.500 --> 01:52:47.500]  I appreciate it.
[01:52:47.500 --> 01:52:48.500]  Thanks, Mark.
[01:52:48.500 --> 01:52:49.500]  That was a good one.
[01:52:49.500 --> 01:52:52.500]  Okay, we're going now to Carlos in California.
[01:52:52.500 --> 01:52:53.500]  Carlos, thanks for calling in.
[01:52:53.500 --> 01:52:55.500]  What's on your mind tonight?
[01:52:55.500 --> 01:52:56.500]  Good afternoon, guys.
[01:52:56.500 --> 01:52:59.500]  Do we have Mr. Carlson with us today?
[01:52:59.500 --> 01:53:00.500]  No, he's not here tonight.
[01:53:00.500 --> 01:53:01.500]  Okay.
[01:53:01.500 --> 01:53:03.500]  I'll check back out that Thursday, right?
[01:53:03.500 --> 01:53:04.500]  Yes.
[01:53:04.500 --> 01:53:05.500]  Yes.
[01:53:05.500 --> 01:53:09.500]  Randy can be here on Monday night sometimes, but he is just too busy right now.
[01:53:09.500 --> 01:53:10.500]  Right.
[01:53:10.500 --> 01:53:11.500]  Good enough.
[01:53:11.500 --> 01:53:12.500]  I'll send back and enjoy the show.
[01:53:12.500 --> 01:53:13.500]  Thank you.
[01:53:13.500 --> 01:53:14.500]  Okay, great.
[01:53:14.500 --> 01:53:15.500]  Thanks, Carlos.
[01:53:15.500 --> 01:53:16.500]  Okay, Gary from Georgia.
[01:53:16.500 --> 01:53:17.500]  Thanks for calling in.
[01:53:17.500 --> 01:53:19.500]  What's on your mind tonight?
[01:53:19.500 --> 01:53:26.500]  Oh, you're having a great show, a lot of good points, and we're about at the end of the
[01:53:26.500 --> 01:53:32.500]  show, so I will call back about Friday night and discuss some of the things that Eddie
[01:53:32.500 --> 01:53:35.500]  has discussed in the last half an hour.
[01:53:35.500 --> 01:53:36.500]  Well, go ahead.
[01:53:36.500 --> 01:53:39.500]  We've got about five minutes left, so go ahead, Gary.
[01:53:39.500 --> 01:53:42.500]  Maybe you could summarize what your points are.
[01:53:42.500 --> 01:53:52.500]  Well, the real point, I've called other people, is about what is necessary to have a criminal
[01:53:52.500 --> 01:53:53.500]  accent.
[01:53:53.500 --> 01:53:55.500]  First, my issue is always, what is this?
[01:53:55.500 --> 01:53:56.500]  What is a crime?
[01:53:56.500 --> 01:54:00.500]  And a crime is a public court versus private.
[01:54:00.500 --> 01:54:06.500]  But Eddie talks about the charging instrument, and in my state, most states, it's either
[01:54:06.500 --> 01:54:09.500]  by an indictment or someone has some information.
[01:54:09.500 --> 01:54:18.500]  In my state, an individual can arrest or can charge just as much authority as a police
[01:54:18.500 --> 01:54:19.500]  officer.
[01:54:19.500 --> 01:54:24.500]  A police officer, he's just a Coca-Cola cop, he's not elected.
[01:54:24.500 --> 01:54:29.500]  But Eddie, would you like for you to go over what you did about half an hour ago about
[01:54:29.500 --> 01:54:34.500]  the charging document and the information?
[01:54:34.500 --> 01:54:36.500]  Could you repeat that, sir?
[01:54:36.500 --> 01:54:37.500]  Yes.
[01:54:37.500 --> 01:54:38.500]  Thank you.
[01:54:38.500 --> 01:54:44.500]  In the Texas Constitution, Article 5, Section 12 Bravo specifically states that only an
[01:54:44.500 --> 01:54:48.500]  indictment or information vests the court with jurisdiction of the cause.
[01:54:48.500 --> 01:54:54.500]  In the Code of Criminal Procedure, it specifically states that an indictment or information can
[01:54:54.500 --> 01:54:59.500]  only be signed either by the foreman of the grand jury in the case of the indictment or
[01:54:59.500 --> 01:55:05.500]  the district attorney or county attorney in the case of an information.
[01:55:05.500 --> 01:55:10.500]  There is no authority in law for anyone else to sign a charging instrument.
[01:55:10.500 --> 01:55:15.500]  A complaint in and of itself is not a valid charging instrument.
[01:55:15.500 --> 01:55:22.500]  And both an indictment and an information must have a complaint attached to them before
[01:55:22.500 --> 01:55:24.500]  either of them are valid.
[01:55:24.500 --> 01:55:27.500]  The complaint is what gets the ball rolling.
[01:55:27.500 --> 01:55:33.500]  The information is what allows the ball to grow bigger in size like the proverbial snowball
[01:55:33.500 --> 01:55:37.500]  rolling down the hillside.
[01:55:37.500 --> 01:55:41.500]  If you don't have both of them, you have nothing.
[01:55:41.500 --> 01:55:42.500]  Okay, Gary.
[01:55:42.500 --> 01:55:44.500]  Does that address the issue?
[01:55:44.500 --> 01:55:47.500]  Well, yes, ma'am, that particular issue.
[01:55:47.500 --> 01:55:53.500]  And I'll let somebody else, but you need other people to understand that fact.
[01:55:53.500 --> 01:55:54.500]  Thank you very much.
[01:55:54.500 --> 01:55:55.500]  Okay.
[01:55:55.500 --> 01:55:56.500]  Thanks, Gary.
[01:55:56.500 --> 01:55:57.500]  Okay.
[01:55:57.500 --> 01:55:58.500]  We're going now to Brian in Minnesota.
[01:55:58.500 --> 01:55:59.500]  Brian, thanks for calling in.
[01:55:59.500 --> 01:56:00.500]  We've got about three minutes.
[01:56:00.500 --> 01:56:01.500]  What's on your mind?
[01:56:01.500 --> 01:56:03.500]  Yeah, hi.
[01:56:03.500 --> 01:56:04.500]  How are you doing?
[01:56:04.500 --> 01:56:10.500]  I just wanted to ask quick to Eddie what motions I should file before the arraignment and what
[01:56:10.500 --> 01:56:13.500]  motions I should file before the trial separately.
[01:56:13.500 --> 01:56:15.500]  What state are you in?
[01:56:15.500 --> 01:56:16.500]  Minnesota.
[01:56:16.500 --> 01:56:17.500]  Okay.
[01:56:17.500 --> 01:56:22.500]  The first thing you file before trial is always a challenge to the jurisdiction if you've
[01:56:22.500 --> 01:56:24.500]  got the arguments to support it.
[01:56:24.500 --> 01:56:29.500]  Did the court acquire jurisdiction properly and in accordance with law?
[01:56:29.500 --> 01:56:31.500]  If not, challenge it, period.
[01:56:31.500 --> 01:56:33.500]  That's always the first thing you do.
[01:56:33.500 --> 01:56:37.500]  That would be filed before or on the on or before date.
[01:56:37.500 --> 01:56:38.500]  Yes.
[01:56:38.500 --> 01:56:44.500]  The second thing is if you challenge standing, who has standing to bring this complaint against
[01:56:44.500 --> 01:56:45.500]  me?
[01:56:45.500 --> 01:56:46.500]  Where did you get it?
[01:56:46.500 --> 01:56:47.500]  How did you get it?
[01:56:47.500 --> 01:56:50.500]  Why do you believe you have it?
[01:56:50.500 --> 01:56:53.500]  And then cite law to show why they don't have it.
[01:56:53.500 --> 01:56:56.500]  That would be, Brian was asking something as you were talking.
[01:56:56.500 --> 01:57:01.500]  Brian, that challenge to the jurisdiction would be filed on the on or before date of
[01:57:01.500 --> 01:57:03.500]  the traffic ticket.
[01:57:03.500 --> 01:57:06.500]  It's long before any arraignment or anything else.
[01:57:06.500 --> 01:57:07.500]  It's the appearance date.
[01:57:07.500 --> 01:57:10.500]  You file that on the appearance date.
[01:57:10.500 --> 01:57:15.500]  What if I already, they had, it was in a municipality and I went to a hearing with an
[01:57:15.500 --> 01:57:20.500]  officer and I caught the hearing officer doing some misconduct so my strategy was I was going
[01:57:20.500 --> 01:57:30.500]  to kind of try to file misconduct on the, I guess it would be a judicial officer.
[01:57:30.500 --> 01:57:33.500]  Who's the officer in question here?
[01:57:33.500 --> 01:57:40.500]  Well, since a black hole in Minnesota of the black hole area there, would you think it
[01:57:40.500 --> 01:57:42.500]  could be a little different than in Texas?
[01:57:42.500 --> 01:57:44.500]  Well, I mean, it could be.
[01:57:44.500 --> 01:57:50.500]  I haven't gone into Minnesota rules on the adjudication of these cases that much.
[01:57:50.500 --> 01:57:51.500]  Okay.
[01:57:51.500 --> 01:57:58.500]  But basically speaking, whatever your constitution says first and your statute second.
[01:57:58.500 --> 01:58:04.500]  That's why I tell everybody study your state constitution, study it intently.
[01:58:04.500 --> 01:58:09.500]  Learn it like the back of your hand because that is your first line of defense.
[01:58:09.500 --> 01:58:12.500]  Do I want to do these before the arraignment?
[01:58:12.500 --> 01:58:13.500]  Yes.
[01:58:13.500 --> 01:58:14.500]  Okay.
[01:58:14.500 --> 01:58:15.500]  Yeah.
[01:58:15.500 --> 01:58:19.500]  You want to do everything as soon as possible and also motions to dismiss as well.
[01:58:19.500 --> 01:58:22.500]  What about your motion for a fair trial?
[01:58:22.500 --> 01:58:25.500]  You definitely want to do that before you go to trial.
[01:58:25.500 --> 01:58:29.500]  You don't have to do it before arraignment, but you can definitely do it before trial.
[01:58:29.500 --> 01:58:30.500]  Okay.
[01:58:30.500 --> 01:58:31.500]  Thank you very much.
[01:58:31.500 --> 01:58:32.500]  Okay.
[01:58:32.500 --> 01:58:33.500]  Great.
[01:58:33.500 --> 01:58:34.500]  Great, Brian.
[01:58:34.500 --> 01:58:35.500]  Okay.
[01:58:35.500 --> 01:58:36.500]  We are at the end of the show tonight.
[01:58:36.500 --> 01:58:37.500]  Thanks for listening, folks.
[01:58:37.500 --> 01:58:38.500]  This is ruleoflawradio.com.
[01:58:38.500 --> 01:58:44.500]  Tomorrow night, of course, Tom Carley, Iron and World Report, Agenda 21 Talk, Wednesday
[01:58:44.500 --> 01:58:50.500]  night, the final episode of Outside of the Box Politics, and then Freemind Report, and
[01:58:50.500 --> 01:58:52.500]  we'll be back on Thursday night.
[01:58:52.500 --> 01:59:09.500]  Y'all have a good week, folks.
[01:59:09.500 --> 01:59:37.500]  Thank you very much.
[01:59:37.500 --> 01:59:57.500]  Good night.