ROL_2010-11-05_16k_Hr1-2.timecode

[00:00.000 --> 00:12.040]  A legal team representing 142 Iraqis pushing for a public inquiry into detainee abuse submitted
[00:12.040 --> 00:18.160]  evidence to Britain's High Court Friday. Videos showed detainees being interrogated as a secret
[00:18.160 --> 00:24.400]  British centre in Basra. Claims of inhumane treatment involved sexual humiliation, keeping
[00:24.400 --> 00:30.120]  Iraqis naked if they didn't cooperate, food and water deprivation, and prolonged solitary
[00:30.120 --> 00:37.100]  confinement. 50 people were killed and 80 wounded in Pakistan Friday after a suicide
[00:37.100 --> 00:44.440]  bomber struck a mosque frequented by anti-Taliban tribal elders. The Sunni mosque's roof collapsed
[00:44.440 --> 00:49.640]  as hundreds of worshippers were gathered inside for the most popular prayer session of the
[00:49.640 --> 00:58.040]  week. The Pakistani Taliban claimed responsibility for the attack. WikiLeaks founder Julian Assange
[00:58.040 --> 01:03.720]  said Thursday he is considering requesting asylum in Switzerland and basing his website
[01:03.720 --> 01:09.640]  there. WikiLeaks, which last month published an unprecedented 400,000 classified US documents
[01:09.640 --> 01:14.600]  on the Iraq war, has said its people have been harassed. Assange was turned down for
[01:14.600 --> 01:20.240]  Swedish residency after being accused of rape days after filing the application in what
[01:20.240 --> 01:27.840]  he called, quote, a set up by the website's enemies. If AT&T has its way before the Supreme
[01:27.840 --> 01:32.480]  Court, any business that issues a contract to customers would be able to prevent them
[01:32.480 --> 01:37.880]  from joining class action lawsuits, taking away arguably the most powerful legal tool
[01:37.880 --> 01:44.200]  available to individual citizens. A case involving AT&T that goes before the US Supreme Court
[01:44.200 --> 01:50.480]  next week has sweeping ramifications for potentially millions of customers. If the telecom giant
[01:50.480 --> 01:55.760]  wins its case, any business that issues a contract to customers, such as for credit
[01:55.760 --> 02:00.520]  cards, cell phones, or cable TV, would be able to prevent them from joining class action
[02:00.520 --> 02:06.520]  lawsuits. Deepak Gupta, an attorney for the advocacy group Public Citizen, who will argue
[02:06.520 --> 02:11.760]  on consumers' behalf before the Supreme Court Tuesday said, quote, companies are afraid
[02:11.760 --> 02:16.760]  of class actions. This helps keep them honest.
[02:16.760 --> 02:21.840]  A human rights group said Thursday fighting between US-led forces and the Taliban has
[02:21.840 --> 02:27.480]  destroyed or damaged hundreds of houses during a recent campaign in Afghanistan's southern
[02:27.480 --> 02:33.200]  Kandahar province. The widespread damage reported by the Afghan rights monitor in Kandahar,
[02:33.200 --> 02:40.080]  birthplace of the Taliban, comes despite a US strategy to limit harm to civilians. ARM
[02:40.080 --> 02:45.680]  said US-led forces have used aerial bombing to strike Taliban strongholds and set off
[02:45.680 --> 03:10.480]  mines and homemade bombs, sometimes hidden as booby traps in private homes.
[03:15.680 --> 03:44.440]  Bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys,
[03:44.440 --> 03:50.120]  whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha
[03:50.120 --> 03:55.920]  gonna do? Whatcha gonna do when they come for you? When you were eight and you had bad
[03:55.920 --> 04:01.400]  traits, you'd go to school and learn the golden rule. So why are you acting like a fluffy
[04:01.400 --> 04:07.400]  fool? And if you get high, then you must just cool. Bad boys, bad boys, whatcha gonna do?
[04:07.400 --> 04:18.080]  Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do when they
[04:18.080 --> 04:19.660]  come for you? You chuck it on that one. You chuck it on this one. You chuck it on your
[04:19.660 --> 04:23.180]  mother. And you chuck it on your father. You chuck it on your brother. And you chuck it
[04:23.180 --> 04:28.180]  on your siblings. You chuck it on that one and you chuck it on me! Bad boys, bad boys,
[04:28.180 --> 04:32.120]  whatcha gonna do? Bad boys, bad boys, whatcha gonna do when they come for you? Bad boys,
[04:32.120 --> 04:59.280]  Okay, folks, what are you going to do, you bad boys and bad girls, when we come for you
[04:59.280 --> 05:04.280]  on the Rule of Law, ruleoflawradio.com.
[05:04.280 --> 05:14.800]  Today is Friday, November 5th, 2010, it's our Friday four hour info marathon, so folks,
[05:14.800 --> 05:18.640]  our call board got really jammed up last night, especially towards the end of the show, it
[05:18.640 --> 05:26.440]  got really jammed up on Monday night, so now is your chance, call in, you got four hours,
[05:26.440 --> 05:32.840]  okay, so no complaining when it's 11.30 and you're just now calling in and then there's
[05:32.840 --> 05:40.000]  no time to take calls, okay, so please folks, call in early, 512-646-1984, so we can have
[05:40.000 --> 05:42.000]  plenty of time to get everybody in.
[05:42.000 --> 05:48.440]  Okay, while we're waiting on folks to call in, Eddie has some things he wants to go over,
[05:48.440 --> 05:51.640]  he's got a couple of announcements to make, you've got some events coming up at Brave
[05:51.640 --> 05:56.320]  New Books and you also wanted to go over some stuff that you found at the law library today,
[05:56.320 --> 05:59.240]  so let us know what's going on, Eddie.
[05:59.240 --> 06:05.280]  Okay, well Harlan was kind enough to give me a form on November 16th, which is a Tuesday
[06:05.280 --> 06:11.560]  from 7 to 9 p.m., it's a $20 door charge, but what we're going to be doing is going
[06:11.560 --> 06:19.400]  over how to do things in the traffic court, what the procedures are that normally apply
[06:19.400 --> 06:24.240]  when you go in, what you're being asked to do, what you need to do, what they're going
[06:24.240 --> 06:29.640]  to tell you you must do and what you absolutely do not want to do, basically we're going to
[06:29.640 --> 06:36.480]  try to go through a step-by-step process of here's how you proceed, even what we'll do
[06:36.480 --> 06:42.000]  is we'll get as much of that done on the 7 to 9 night Tuesday as we can, again that's
[06:42.000 --> 06:47.880]  November 16th, Tuesday 7 to 9 and we're going to be going over court procedure regarding
[06:47.880 --> 06:49.480]  these traffic tickets.
[06:49.480 --> 06:55.800]  Now on November 27th, on Saturday from 3 to 6, we're going to touch on that again and
[06:55.800 --> 07:01.160]  then we're actually going to go into addressing issues during an actual trial should you have
[07:01.160 --> 07:06.960]  to go to trial on the merits, basically a lot of the same stuff jurisdictionary teaches
[07:06.960 --> 07:13.160]  about how to determine if the opposing counsel is asking leading questions of his own witness,
[07:13.160 --> 07:18.040]  how to object, when to object, why you object and so on and so forth.
[07:18.040 --> 07:22.760]  Now folks I'm going to tell you up front I am not an expert in court procedure per se
[07:22.760 --> 07:26.720]  but I've been through enough of these that I know what does and does not work with most
[07:26.720 --> 07:33.640]  of these judges, I know how most of them react and usually it's not pleasant, they threaten,
[07:33.640 --> 07:39.080]  they do everything in their power to make you believe they're going to ruin you if you
[07:39.080 --> 07:44.960]  don't let them just beat you up and take your money, we're not going to let them do that
[07:44.960 --> 07:49.600]  but you have to be the one willing to put yourself in the line of fire and stand your
[07:49.600 --> 07:54.080]  ground and say I'm not backing down, you're not doing this to me, I want and deserve my
[07:54.080 --> 07:56.240]  due process rights.
[07:56.240 --> 08:00.400]  So that's what we're going to be working on in these two events, November 27th 3 to 6
[08:00.400 --> 08:07.480]  and November 67 to 9, again both of those have a $20 door charge you can reserve with
[08:07.480 --> 08:13.680]  me by sending an email to Eddie at ruleoflawradio.com and I will make sure that you're added to
[08:13.680 --> 08:18.200]  the list of people that wish to come to one or both of those okay.
[08:18.200 --> 08:28.160]  Now you heard us talk before about examining trials so Larry and I went down and spent
[08:28.160 --> 08:34.520]  a good three hours at the state law library today and we went through the Texas codes
[08:34.520 --> 08:43.880]  all the way back to 1856 and here is what we found, I made photocopies of chapters 14,
[08:43.880 --> 08:52.320]  15 and 16 out of all of these codes and the one thing that I noticed was that every one
[08:52.320 --> 09:03.680]  of these codes that predates 1965 specifically states that every person accused of an offense
[09:03.680 --> 09:12.560]  gets an examining trial, no question at all an examining trial must be given.
[09:12.560 --> 09:19.000]  Now let me give you a perfect example, this is from the 1856, it's referred to as the
[09:19.000 --> 09:25.380]  OC, the old code in the code of criminal procedure okay.
[09:25.380 --> 09:33.920]  Now in this code when a person accused, this is article 233, this is the original enactment
[09:33.920 --> 09:39.480]  okay, when a person accused of an offense has been brought before magistrate that officer
[09:39.480 --> 09:45.360]  shall proceed to examine into the truth of the accusation made allowing the accused however
[09:45.360 --> 09:52.360]  sufficient time to procure the aid of counsel, doesn't say anything about anybody limiting
[09:52.360 --> 09:55.880]  it to persons accused of a felony.
[09:55.880 --> 10:02.560]  You go down through this entire chapter in the 1856 version of the code, felony does
[10:02.560 --> 10:05.440]  not appear anywhere.
[10:05.440 --> 10:17.640]  We go from the 1856 version to the 1895 version, let's see what it says, okay when you get
[10:17.640 --> 10:23.720]  into this it tells you, let me find a particular page here because some of these the old codes
[10:23.720 --> 10:28.560]  when they're recodified they're renumbered and resectioned and so you got to go back
[10:28.560 --> 10:36.080]  and find where they are in these individual ones okay.
[10:36.080 --> 10:47.000]  Alright in the 1895 version it is almost exactly verbatim the 1856 version, what I just read
[10:47.000 --> 10:51.880]  to you there, when a person accused of an offense has been brought before magistrate
[10:51.880 --> 10:55.800]  that officer shall proceed to examine into the truth of the accusation made allowing
[10:55.800 --> 11:04.080]  the accused however sufficient time to procure the aid of counsel, they are virtually identical.
[11:04.080 --> 11:13.840]  Now 1879 the revised statutes okay, when a person accused of an offense has been brought
[11:13.840 --> 11:18.320]  before a magistrate that officer shall proceed to examine into the truth of the accusation
[11:18.320 --> 11:24.240]  made allowing the accused however sufficient time to procure the aid of counsel, again
[11:24.240 --> 11:33.720]  nowhere in the entire chapter does it limit it to someone accused of a felony okay, 1925
[11:33.720 --> 11:40.640]  what most of the current revised statutes are actually based on, article 245 examining
[11:40.640 --> 11:46.400]  trial when the accused has been brought before a magistrate that officer shall proceed to
[11:46.400 --> 11:51.480]  examine into the truth of the accusation made allowing the accused however sufficient time
[11:51.480 --> 11:58.640]  to procure counsel okay, once again nothing about it being limited to someone charged
[11:58.640 --> 12:10.480]  with a felony, 1911 version which predates this one okay, says almost exactly the same
[12:10.480 --> 12:16.200]  thing it actually reads closer to the original statutes that we were reading before, the
[12:16.200 --> 12:26.200]  1800 versions okay, so we go on and on, now we come up to the 59th legislative enactment,
[12:26.200 --> 12:34.320]  this is the one that was done in 1965, two years after the legislative counsel was created,
[12:34.320 --> 12:40.240]  this is where the codes actually got renumbered into their current sections okay, this is
[12:40.240 --> 12:48.040]  where it became chapter 16 is in this enactment and let's see what chapter 16 says, now it
[12:48.040 --> 12:55.960]  tells you very plainly that this is a revised statute put together by the legislative counsel
[12:55.960 --> 13:00.080]  and then it goes on to say when the accused has been brought before a magistrate for an
[13:00.080 --> 13:04.800]  examining trial that officer shall proceed to examine into the truth of the accusation
[13:04.800 --> 13:10.760]  made, allowing the accused however sufficient time to procure counsel, in a proper case
[13:10.760 --> 13:16.520]  the magistrate may appoint counsel to represent an accused in such examining trial only, to
[13:16.520 --> 13:21.760]  be compensated as otherwise provided in this code, the accused in any felony case shall
[13:21.760 --> 13:25.880]  have the right to an examining trial before indictment in the county having jurisdiction
[13:25.880 --> 13:31.360]  of the offense, whether he be in custody or on bail, at which time the magistrate at the
[13:31.360 --> 13:37.000]  hearing shall determine the amount or sufficiency of bail if a bailable case, now this language
[13:37.000 --> 13:43.440]  is very very similar to what's in use today in the current code, nowhere in this section
[13:43.440 --> 13:49.640]  does it say that the right to an examining trial is limited to an individual charged
[13:49.640 --> 13:55.880]  with a felony, it simply clarifies that someone charged with a felony has a right to this
[13:55.880 --> 14:02.800]  trial prior to an indictment, and then what do the idiotic judges of this state say, they
[14:02.800 --> 14:08.000]  turn around and say that once an indictment is handed down the examining trial becomes
[14:08.000 --> 14:13.880]  irrelevant, well didn't the law that the legislature passed say that the right to the examining
[14:13.880 --> 14:20.040]  trial exists before any indictment can be had, didn't we just read that?
[14:20.040 --> 14:27.520]  If I may interject, sure, I recently filed a writ of habeas corpus in the Tom DeLay case
[14:27.520 --> 14:39.240]  and it addressed this issue, if the grand jury votes to true bill, the true bill at
[14:39.240 --> 14:45.760]  that point is not an indictment, the grand jury must go before the court and read the
[14:45.760 --> 14:52.060]  fact of the indictment into the record, and the clerk must make notations in the minutes
[14:52.060 --> 15:01.400]  of the court of the fact of the indictment, however, if the accused has not been arrested,
[15:01.400 --> 15:09.720]  the clerk may not make entries in the minutes of the court showing the indictment, instead
[15:09.720 --> 15:17.600]  the clerk must prepare a capias, a warrant for the individual's arrest, the person must
[15:17.600 --> 15:25.040]  then be arrested, after they have been arrested the fact of the indictment can be read into
[15:25.040 --> 15:34.080]  the clerk into the minutes of the court, and here's the deal, if you are arrested what
[15:34.080 --> 15:39.880]  is the first thing that must happen?
[15:39.880 --> 15:47.720]  Examining trial, therefore after an examining, after indictment, under law there must have
[15:47.720 --> 15:55.940]  already been an examining trial so you don't have a right to another one, so in that regard
[15:55.940 --> 16:07.680]  the ruling is correct, but the officers, the courts have taken that to mean that somehow
[16:07.680 --> 16:17.440]  when you get arrested on the capias that the right to an examining trial somehow evaporated,
[16:17.440 --> 16:25.120]  they claim that the finding of the grand jury takes the place of the examining trial, however
[16:25.120 --> 16:35.240]  finding that the grand jury is not on the record yet, problem, and that does create
[16:35.240 --> 16:41.080]  a some part of a conflict, but that's what the law commands, and the legislature didn't
[16:41.080 --> 16:51.640]  put in this restriction by mistake, well capriciously, okay, Randy Kelton, Eddie Craig, Debbie Stevens,
[16:51.640 --> 17:02.320]  food law radio, we'll be right back on the other side.
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[18:40.960 --> 18:46.720]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.720 --> 18:49.720]  or email michaelmears at yahoo.com.
[18:49.720 --> 18:58.720]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.720 --> 19:12.720]  collectors now.
[19:12.720 --> 19:32.720]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:32.720 --> 19:42.720]  hole, I'm always on the lookout for something to soothe my soul, so I sit back and I watch
[19:42.720 --> 19:58.720]  the evidence unfold, and I see justice is the goal, yeah, justice is the goal.
[19:58.720 --> 20:04.720]  Sometimes we fell a little too far at sea, and then we got to get back on course, we
[20:04.720 --> 20:12.720]  don't leave, we go under heavy advisory, from the man that came all the way from Galilee,
[20:12.720 --> 20:18.720]  a place called a safe and warm place to be, where I don't have to work so hard to be free,
[20:18.720 --> 20:24.720]  some guys are trying to rewrite history, but they got caught, now them guys got to flee,
[20:24.720 --> 20:36.720]  looks like justice, looks like justice.
[20:36.720 --> 20:38.720]  Okay folks, we are back.
[20:38.720 --> 20:40.720]  We're about to start taking our calls.
[20:40.720 --> 20:44.720]  Calling 512-646-1984.
[20:44.720 --> 20:48.720]  Okay, so Eddie, you are going to finish up on this topic.
[20:48.720 --> 20:52.720]  This is going to be some strong points in the suit you were saying.
[20:52.720 --> 20:57.720]  We're going to show, the next time I go down there, what I'm going to be digging up out
[20:57.720 --> 21:04.720]  of the library is the original enactment from 1962 or 3 that created the Texas Legislative
[21:04.720 --> 21:10.720]  Council, and I'm going to find out exactly what the power and authority of these people
[21:10.720 --> 21:16.720]  was originally set out to be, because the way I see this is we've got a severe constitutional
[21:16.720 --> 21:17.720]  problem here.
[21:17.720 --> 21:25.720]  We have these ten members of Texas government, and these ten members only, are writing all
[21:25.720 --> 21:33.720]  of the laws, and according to the Texas Constitution, when an act is passed and that act becomes
[21:33.720 --> 21:40.720]  altered or amended in any way, then they cannot just publish the portion that's amended.
[21:40.720 --> 21:45.720]  They must republish the entire act in its entirety.
[21:45.720 --> 21:50.720]  Well, the old code of criminal procedure, the old transportation code, virtually every
[21:50.720 --> 21:56.720]  code we currently have, is created from several hundred acts.
[21:56.720 --> 21:59.720]  They're all different acts.
[21:59.720 --> 22:06.720]  Then they recodified them into the renumbered codes as we have them, and specifically declared
[22:06.720 --> 22:14.720]  that there is no substantive change to the code, and we know that's a ball-faced lie.
[22:14.720 --> 22:16.720]  Okay?
[22:16.720 --> 22:23.720]  And the legislature, in its ignorance, has refused to abide by the Constitution and do
[22:23.720 --> 22:29.720]  the three days required reading on the floor of the individual houses, so they don't read
[22:29.720 --> 22:34.720]  these bills any more than the morons in Washington read the health care bill.
[22:34.720 --> 22:42.720]  The transportation code, as it was passed in 1995, is 3,808 pages long.
[22:42.720 --> 22:47.720]  Tell me they read that over three several days.
[22:47.720 --> 22:53.720]  And yet it used to be hundreds of different acts, and they took and altered those acts
[22:53.720 --> 22:59.720]  and republished them as a unified, renumbered code and said they didn't change anything.
[22:59.720 --> 23:05.720]  You guys just go ahead and enact it the way it's written, and we'll go forward from there.
[23:05.720 --> 23:12.720]  So ten people in the state of Texas have hijacked all of the Texas laws the legislature passed
[23:12.720 --> 23:15.720]  prior to 1963.
[23:15.720 --> 23:23.720]  It's a dead bank given based on the old statutes of what we're seeing right now.
[23:23.720 --> 23:30.720]  You can't take three or four hundred different acts and just create one entire act that's
[23:30.720 --> 23:38.720]  allegedly based on those several hundred and call it a single enactment because each one
[23:38.720 --> 23:45.720]  of those old enactments deals with a different subject, and the Texas Constitution specifically
[23:45.720 --> 23:52.720]  forbids any bill being passed that includes more than one subject.
[23:52.720 --> 23:58.720]  You can't tell me just by putting the title transportation on it that that gives the legislature
[23:58.720 --> 24:04.720]  blanket authority to write any kind of law whatsoever about every kind of vehicle,
[24:04.720 --> 24:07.720]  whether it contains a motor in it or not.
[24:07.720 --> 24:13.720]  You can't tell me that's one subject.
[24:13.720 --> 24:17.720]  But that, folks, is exactly what they've done.
[24:17.720 --> 24:24.720]  These ten people on the Texas Legislative Council have completely hijacked Texas law
[24:24.720 --> 24:33.720]  and wrote it to suit themselves and got the legislature to pass it without even reading it.
[24:33.720 --> 24:38.720]  And if you will look, virtually every legislative enactment we have on the books right now has
[24:38.720 --> 24:44.720]  the emergency clause written in the actual bill saying we're not going to read this crap,
[24:44.720 --> 24:46.720]  we're just going to pass it.
[24:46.720 --> 24:49.720]  We declare it's an emergency necessity.
[24:49.720 --> 24:53.720]  And I went through the old version of the Constitution while I was down there.
[24:53.720 --> 25:03.720]  Up until 1860 or 1866, the Texas Constitution specifically stated that that bill must be read
[25:03.720 --> 25:13.720]  unless there was an actual imperative state of emergency, meaning like we were at war or invaded.
[25:13.720 --> 25:14.720]  Okay?
[25:14.720 --> 25:20.720]  Now the legislature has amended the Constitution when, I don't know, but I'm going to find out,
[25:20.720 --> 25:31.720]  as of the 1866 version forward and declared that now they can do it for any reason of pressing public necessity.
[25:31.720 --> 25:38.720]  Now there is a huge difference between an imperative emergency or an imminent emergency
[25:38.720 --> 25:43.720]  and a public necessity.
[25:43.720 --> 25:49.720]  If they want to declare anything they're doing a public necessity, they can just not read it
[25:49.720 --> 25:55.720]  and pass it.
[25:55.720 --> 26:00.720]  So that's the thing that they're doing at the moment that is the most obvious
[26:00.720 --> 26:04.720]  and things that we the people need to be standing up and saying this is over, guys.
[26:04.720 --> 26:06.720]  You're not doing this anymore.
[26:06.720 --> 26:11.720]  All these committees you have that are enacting all these laws on your behalf
[26:11.720 --> 26:15.720]  and writing them up and just saying, oh, they're good, pass them, and you morons do it,
[26:15.720 --> 26:20.720]  that's just finished.
[26:20.720 --> 26:21.720]  Okay.
[26:21.720 --> 26:22.720]  That's my tarot for the evening.
[26:22.720 --> 26:27.720]  Thank you.
[26:27.720 --> 26:28.720]  Okay.
[26:28.720 --> 26:31.720]  Well, we've got some callers on the line here.
[26:31.720 --> 26:34.720]  And we've got, we do have a first-time caller.
[26:34.720 --> 26:36.720]  We've got Paul from Mississippi.
[26:36.720 --> 26:39.720]  Paul, your first-time caller, so you get to the front of the list.
[26:39.720 --> 26:40.720]  What's on your mind tonight?
[26:40.720 --> 26:42.720]  What's your question for us?
[26:42.720 --> 26:43.720]  I appreciate that, Deborah.
[26:43.720 --> 26:45.720]  Actually, I have called in before.
[26:45.720 --> 26:47.720]  I'm just calling in from a different number.
[26:47.720 --> 26:48.720]  Okay.
[26:48.720 --> 26:49.720]  All right.
[26:49.720 --> 26:50.720]  Well, go ahead, Paul.
[26:50.720 --> 26:54.720]  I've got some documents in front of me.
[26:54.720 --> 26:58.720]  I've requested some Justice Court documents.
[26:58.720 --> 27:02.720]  I called in several weeks ago about this issue.
[27:02.720 --> 27:05.720]  The verbal request was denied.
[27:05.720 --> 27:09.720]  So I sent in a written request for these court documents.
[27:09.720 --> 27:13.720]  And what they sent us back is really nothing.
[27:13.720 --> 27:19.720]  And I guess I'm calling to ask, well...
[27:19.720 --> 27:24.720]  You're sounding kind of surprised by the fact you got back nothing.
[27:24.720 --> 27:30.720]  Defendant entered a plea and they typed open as the plea.
[27:30.720 --> 27:38.720]  And on another one of these, it says the judgment of court opened.
[27:38.720 --> 27:41.720]  This is three years old.
[27:41.720 --> 27:43.720]  Nothing was signed by the judge.
[27:43.720 --> 27:46.720]  These documents were signed by the court clerk.
[27:46.720 --> 27:48.720]  What's the alleged offense?
[27:48.720 --> 27:52.720]  Well, we've got hunting from a motor vehicle.
[27:52.720 --> 27:58.720]  We've got hunting from a public road and hunting after hours.
[27:58.720 --> 28:04.720]  And the plea on all of these is listed as open as the plea.
[28:04.720 --> 28:11.720]  Okay, so is open a valid plea in your state?
[28:11.720 --> 28:12.720]  I don't know.
[28:12.720 --> 28:15.720]  That's my question for you.
[28:15.720 --> 28:18.720]  I'm willing to bet it's not.
[28:18.720 --> 28:23.720]  The other problem is what's the statute of limitations on the individual charges?
[28:23.720 --> 28:25.720]  That I don't know either.
[28:25.720 --> 28:27.720]  That's why you need to be reading the statute.
[28:27.720 --> 28:29.720]  If they told you you're being charged or something,
[28:29.720 --> 28:32.720]  you need to be looking up what that charge is in the statute,
[28:32.720 --> 28:38.720]  see what the offense is and what the statute of limitations on it is.
[28:38.720 --> 28:45.720]  How do we get to the document that the judge signed?
[28:45.720 --> 28:50.720]  What documents would the judge have signed if you haven't been to court?
[28:50.720 --> 28:52.720]  Well, we have been to court.
[28:52.720 --> 28:55.720]  Then how can there be an open plea and an open order?
[28:55.720 --> 28:57.720]  You tell me.
[28:57.720 --> 29:03.720]  Well, I'm not the amazing Kreskin. I couldn't begin to tell you, Randy.
[29:03.720 --> 29:10.720]  Did the judge at court ask for a plea?
[29:10.720 --> 29:15.720]  I wasn't there, but I'm sure he did.
[29:15.720 --> 29:22.720]  Then, somebody tampered with the government document.
[29:22.720 --> 29:27.720]  Did you have a court reporter?
[29:27.720 --> 29:28.720]  That I do not know.
[29:28.720 --> 29:31.720]  How long ago was the offense alleged?
[29:31.720 --> 29:34.720]  It was in March of 2007.
[29:34.720 --> 29:39.720]  Okay, it's probably too far back to get a transcript.
[29:39.720 --> 29:43.720]  Okay, we'll pick this up on the other side, but we're not getting very far.
[29:43.720 --> 29:46.720]  We don't have enough information.
[29:46.720 --> 29:52.720]  Okay, this is Randy Kelton, Eddie Craig, Debra Stevens, Root of Law Radio.
[29:52.720 --> 30:00.720]  We'll be right back on the other side.
[30:00.720 --> 30:03.720]  Christ fed the multitudes with only one loaf of bread.
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[30:39.720 --> 30:40.720]  I'm Dr. Catherine Albrecht,
[30:40.720 --> 30:44.720]  and I'll be back in a moment with a scoop on Monsanto's mutant meltdown.
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[31:52.720 --> 32:06.720]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:22.720 --> 32:47.720]  Okay, folks, we're back. We're taking your calls.
[32:47.720 --> 32:49.720]  Jerry, you're up next.
[32:49.720 --> 32:52.720]  To finish up with Paul from Mississippi.
[32:52.720 --> 32:55.720]  Okay, Randy, you had some questions for Paul?
[32:55.720 --> 32:56.720]  Yeah, Paul.
[32:56.720 --> 32:57.720]  Yes.
[32:57.720 --> 33:00.720]  You need to figure out what's going on.
[33:00.720 --> 33:06.720]  You don't know anywhere near enough to be able to evaluate this case.
[33:06.720 --> 33:11.720]  Have you read the statute that he's charged with?
[33:11.720 --> 33:13.720]  I have not.
[33:13.720 --> 33:17.720]  Why are you calling us?
[33:17.720 --> 33:19.720]  He's trying to fight this case,
[33:19.720 --> 33:22.720]  and you guys haven't even read the code he's charged with?
[33:22.720 --> 33:24.720]  Well, you're right, we haven't.
[33:24.720 --> 33:32.720]  We've read the public records request is where we are in the statute.
[33:32.720 --> 33:35.720]  Actually, getting these documents wasn't easy.
[33:35.720 --> 33:41.720]  Okay, wait a minute. You can't request statutes in open records.
[33:41.720 --> 33:43.720]  Well, I understand that.
[33:43.720 --> 33:49.720]  The point is that they denied a verbal request for these documents.
[33:49.720 --> 33:53.720]  What documents are you asking for?
[33:53.720 --> 33:59.720]  Anything and everything to do with this court case.
[33:59.720 --> 34:05.720]  They flat out denied a verbal request for these court documents.
[34:05.720 --> 34:06.720]  Okay.
[34:06.720 --> 34:11.720]  Okay, first rule is don't ever make a verbal anything.
[34:11.720 --> 34:16.720]  Everything you do needs to be filed with the court in writing,
[34:16.720 --> 34:19.720]  and it needs to be in the form of a motion or a petition.
[34:19.720 --> 34:20.720]  Okay.
[34:20.720 --> 34:21.720]  Don't ask for anything.
[34:21.720 --> 34:22.720]  My question to you is?
[34:22.720 --> 34:26.720]  Hold on. Before you ask that, I have another piece of information.
[34:26.720 --> 34:30.720]  We have a caller on the line, Matt from Mississippi, who just called in.
[34:30.720 --> 34:32.720]  This is the gentleman who the case is about,
[34:32.720 --> 34:37.720]  and he said that he has information concerning the questions you were asking, Randy.
[34:37.720 --> 34:38.720]  Okay, good.
[34:38.720 --> 34:40.720]  All right, you want me to bring him on the line?
[34:40.720 --> 34:41.720]  Yes.
[34:41.720 --> 34:42.720]  Okay.
[34:42.720 --> 34:44.720]  Okay, Matt, you're on the line with us.
[34:44.720 --> 34:45.720]  Go ahead.
[34:45.720 --> 34:46.720]  Okay.
[34:46.720 --> 34:49.720]  I was the one guy actually charged with all this.
[34:49.720 --> 34:51.720]  I didn't do any of it.
[34:51.720 --> 34:55.720]  The guy riding in the truck with me was the one that actually shot the deer.
[34:55.720 --> 35:00.720]  It was after hours, wrong shot size, after dark.
[35:00.720 --> 35:05.720]  But a volunteer deputy pulled us over.
[35:05.720 --> 35:08.720]  Blue lights came on, I pulled over.
[35:08.720 --> 35:11.720]  And I was, you know, running from blue lights.
[35:11.720 --> 35:13.720]  I knew it was a serious matter.
[35:13.720 --> 35:14.720]  So I stopped in him.
[35:14.720 --> 35:17.720]  I'm the only guy that they got information of.
[35:17.720 --> 35:19.720]  But I got charged with everything.
[35:19.720 --> 35:21.720]  You can be.
[35:21.720 --> 35:25.720]  Yes, I understand under the law that anybody in the truck could have been.
[35:25.720 --> 35:29.720]  There were not only me, but there were three other people in the truck.
[35:29.720 --> 35:30.720]  Well, but now wait a minute.
[35:30.720 --> 35:32.720]  If you haven't read the law, how do you know that?
[35:32.720 --> 35:34.720]  I have read the law.
[35:34.720 --> 35:35.720]  Okay.
[35:35.720 --> 35:36.720]  Okay.
[35:36.720 --> 35:40.720]  Then there are questions that need to be, that we need to ask.
[35:40.720 --> 35:41.720]  Okay.
[35:41.720 --> 35:49.720]  When you made the request for all evidence held by the prosecution.
[35:49.720 --> 35:50.720]  I did not make that request.
[35:50.720 --> 35:51.720]  Paul did.
[35:51.720 --> 35:53.720]  But anyway.
[35:53.720 --> 35:56.720]  Well, if you're the one being charged, either you or your counsel has to do it.
[35:56.720 --> 35:58.720]  Well, I didn't want to go down there because of him.
[35:58.720 --> 35:59.720]  Okay.
[35:59.720 --> 36:00.720]  Okay.
[36:00.720 --> 36:01.720]  Hold on.
[36:01.720 --> 36:02.720]  It doesn't matter who made the request.
[36:02.720 --> 36:04.720]  What is the remedy?
[36:04.720 --> 36:05.720]  Right.
[36:05.720 --> 36:06.720]  To respond.
[36:06.720 --> 36:09.720]  What is the remedy?
[36:09.720 --> 36:16.720]  Are they required under Mississippi law to hold a public court?
[36:16.720 --> 36:17.720]  Yes.
[36:17.720 --> 36:22.720]  They charge the judge with the official oppression.
[36:22.720 --> 36:24.720]  Take him to a grand jury.
[36:24.720 --> 36:25.720]  You're the sovereign.
[36:25.720 --> 36:26.720]  That's your job.
[36:26.720 --> 36:28.720]  That's your duty.
[36:28.720 --> 36:34.720]  If your judges don't follow your law, take them to a grand jury.
[36:34.720 --> 36:37.720]  Go to the district attorney and file criminal charges against the judge for misfeasance
[36:37.720 --> 36:45.720]  in office for outlawry, denying you in the protection of the courts.
[36:45.720 --> 36:51.720]  When the prosecuting attorney refuses to take a complaint against him to the district judge
[36:51.720 --> 36:55.720]  and when he refuses to take it, take a complaint against the district judge to the grand jury
[36:55.720 --> 36:58.720]  and stop being afraid of these people.
[36:58.720 --> 37:03.720]  Well, I was the guy in court and I was afraid because I challenged jurisdiction.
[37:03.720 --> 37:05.720]  You don't have a right to be afraid.
[37:05.720 --> 37:09.720]  Your children can be afraid and your grandchildren can't, but we're the grownups.
[37:09.720 --> 37:15.720]  If we don't take these guys on, then we let them terrify us over minor issues?
[37:15.720 --> 37:23.720]  Well, when you're looking at going to jail or paying a $3,000 fine, which that's what
[37:23.720 --> 37:27.720]  those charges added up to was about $3,000.
[37:27.720 --> 37:34.720]  And it's my understanding in the justice court, once it exceeds $2,500, it has to go to a higher court.
[37:34.720 --> 37:38.720]  But that limit's been raised in Mississippi.
[37:38.720 --> 37:41.720]  It's now 35, I think it's 3,500 now.
[37:41.720 --> 37:46.720]  Well, you need to make sure that's substantiated by the Constitution and by the law.
[37:46.720 --> 37:52.720]  The legislature here in Texas legislatively raised the money amount that the courts,
[37:52.720 --> 37:57.720]  the JP courts can hear, but the Constitution says it's a maximum of $200.
[37:57.720 --> 38:01.720]  So the legislature's law is moot.
[38:01.720 --> 38:02.720]  Right, I think.
[38:02.720 --> 38:03.720]  I got you.
[38:03.720 --> 38:07.720]  Well, that's what they said about my bill in particular.
[38:07.720 --> 38:13.720]  I challenged jurisdiction and the prosecuting attorney said he'd contacted the attorney general
[38:13.720 --> 38:17.720]  for the state of Mississippi and he said it was all moot.
[38:17.720 --> 38:19.720]  A challenge to jurisdiction is moot.
[38:19.720 --> 38:20.720]  Yeah.
[38:20.720 --> 38:24.720]  Did he have findings, effects, and conclusions at law?
[38:24.720 --> 38:27.720]  No, I didn't know enough to question all that.
[38:27.720 --> 38:31.720]  I was nervous and scared to death when the judge said,
[38:31.720 --> 38:34.720]  we're going to have a trial whether you play or not.
[38:34.720 --> 38:35.720]  Okay.
[38:35.720 --> 38:44.720]  Do you understand that if you don't fight them, they are going to do the worst they can to you?
[38:44.720 --> 38:46.720]  Well, they haven't done anything since the trial.
[38:46.720 --> 38:49.720]  I mean, the fines were told up to me about three times.
[38:49.720 --> 38:50.720]  I haven't paid a fine.
[38:50.720 --> 38:52.720]  I'm still getting my own license.
[38:52.720 --> 38:56.720]  And under Mississippi law, if you're convicted of these charges,
[38:56.720 --> 39:00.720]  you automatically lose your hunt license for a year.
[39:00.720 --> 39:03.720]  Okay, so what is the issue you're calling about then?
[39:03.720 --> 39:06.720]  Well, we're just trying to find out what happened.
[39:06.720 --> 39:09.720]  I mean, what they did after the fact of the court.
[39:09.720 --> 39:15.720]  You know, do I have a warrant sitting in this particular county waiting on me to get pulled over
[39:15.720 --> 39:21.720]  or bust a tail light and I go to jail for these charges?
[39:21.720 --> 39:23.720]  We don't know how to tell you that.
[39:23.720 --> 39:26.720]  Were you sentenced to jail in the courts?
[39:26.720 --> 39:27.720]  Do I?
[39:27.720 --> 39:31.720]  Were you sentenced to serve time in jail?
[39:31.720 --> 39:33.720]  He found me guilty.
[39:33.720 --> 39:36.720]  That's not my question.
[39:36.720 --> 39:40.720]  When he found you guilty, what sentence did he pronounce?
[39:40.720 --> 39:42.720]  He didn't pronounce it.
[39:42.720 --> 39:44.720]  These documents show nothing.
[39:44.720 --> 39:51.720]  When in court, did he assess a penalty?
[39:51.720 --> 39:52.720]  No.
[39:52.720 --> 39:56.720]  He didn't say you will pay this much money in restitution.
[39:56.720 --> 39:58.720]  You will do this and you will do this.
[39:58.720 --> 40:00.720]  No, he didn't say any of that.
[40:00.720 --> 40:02.720]  Okay, here's the deal in law.
[40:02.720 --> 40:07.720]  If you are found guilty and no punishment is assessed,
[40:07.720 --> 40:11.720]  that amounts to a not guilty plea.
[40:11.720 --> 40:15.720]  Not guilty sentence.
[40:15.720 --> 40:17.720]  You need to move for expungement.
[40:17.720 --> 40:22.720]  Well, my dad says that it was all show.
[40:22.720 --> 40:32.720]  They wanted the rest of the public in court to believe that I just got wrecked over the coals and found guilty.
[40:32.720 --> 40:38.720]  And they did everything wrong and they know they did everything wrong so they want it to just go away.
[40:38.720 --> 40:39.720]  Right.
[40:39.720 --> 40:46.720]  If you fought them, they don't want this to come back up because you filed a motion to disqualify and the judge denied it.
[40:46.720 --> 40:47.720]  Right.
[40:47.720 --> 40:50.720]  And he knows he don't have authority to do that.
[40:50.720 --> 40:55.720]  So they just put it all in the file and hope nothing ever comes of it.
[40:55.720 --> 40:58.720]  Yeah, and that's probably what will happen.
[40:58.720 --> 40:59.720]  Unless I do something.
[40:59.720 --> 41:02.720]  Nothing will ever come of it.
[41:02.720 --> 41:09.720]  As you were assessed, no fine so there's no fine to pay or no penalty so there's no penalty.
[41:09.720 --> 41:11.720]  I'd leave it alone.
[41:11.720 --> 41:13.720]  I thought you just said he should move for expungement.
[41:13.720 --> 41:20.720]  Well, unless they do something, it depends on if he's worried about a warrant being issued, move for expungement.
[41:20.720 --> 41:22.720]  That will get him off the dime.
[41:22.720 --> 41:32.720]  But if what Randy said about them finds it winds up being a win for him as not guilty, there's no reason to expunge him.
[41:32.720 --> 41:35.720]  They can't issue a warrant on a not guilty.
[41:35.720 --> 41:37.720]  Well, can it affect him in any other way?
[41:37.720 --> 41:41.720]  Like can they deny him his license renewal or something?
[41:41.720 --> 41:42.720]  They aren't.
[41:42.720 --> 41:46.720]  He just said they can only deny him his hunting license and they're not doing that.
[41:46.720 --> 41:47.720]  Oh, okay.
[41:47.720 --> 41:48.720]  Well, then there's no harm.
[41:48.720 --> 41:52.720]  If they deny you a hunting license, then take it up.
[41:52.720 --> 41:54.720]  Then move for expungement, yeah.
[41:54.720 --> 41:56.720]  Right.
[41:56.720 --> 41:57.720]  Okay.
[41:57.720 --> 41:58.720]  Okay.
[41:58.720 --> 41:59.720]  Sounds good.
[41:59.720 --> 42:02.720]  I really appreciate y'all's show.
[42:02.720 --> 42:06.720]  My brother and my dad, y'all know my dad Jerry.
[42:06.720 --> 42:09.720]  I really appreciate it and we're learning a lot from you guys.
[42:09.720 --> 42:10.720]  We'll keep it up.
[42:10.720 --> 42:11.720]  Thank you.
[42:11.720 --> 42:12.720]  We appreciate that.
[42:12.720 --> 42:14.720]  All right, Paul, Matt, y'all have a good night.
[42:14.720 --> 42:16.720]  All right, thanks.
[42:16.720 --> 42:18.720]  Bye.
[42:18.720 --> 42:19.720]  Okay.
[42:19.720 --> 42:23.720]  We are going to go now to Jerry in Texas.
[42:23.720 --> 42:25.720]  Jerry, thanks for calling in.
[42:25.720 --> 42:27.720]  What is on your mind tonight?
[42:27.720 --> 42:28.720]  Good evening, Deborah.
[42:28.720 --> 42:31.720]  I wanted to ask your esteemed panel.
[42:31.720 --> 42:38.720]  I read a very interesting case and on Marbury versus Madison was a statement kind of like,
[42:38.720 --> 42:42.720]  even though the judiciary is to say what the law is,
[42:42.720 --> 42:48.720]  what had been written was like contrary, they cannot say what the law is not.
[42:48.720 --> 42:53.720]  That would seem to get rid of their jurisdiction from being sued.
[42:53.720 --> 43:00.720]  The second that the preamble is over the U.S. bankruptcy, McCulloch versus Maryland,
[43:00.720 --> 43:08.720]  early case U.S., Calder versus Bull, early case U.S., and the Federalist Papers number 84.
[43:08.720 --> 43:15.720]  And another thing in the case was on Dartmouth College versus Woodward, 17 U.S.,
[43:15.720 --> 43:22.720]  and in there that contracts are for property so that they evidently cannot be used for rights.
[43:22.720 --> 43:26.720]  And would that not pull all non-blacks out of the 14th Amendment?
[43:26.720 --> 43:28.720]  Would you comment on those?
[43:28.720 --> 43:31.720]  I have no idea what you're talking about.
[43:31.720 --> 43:32.720]  Well, not at all.
[43:32.720 --> 43:34.720]  One does not seem to follow from the other.
[43:34.720 --> 43:36.720]  Hold on, we're about to go to break.
[43:36.720 --> 43:42.720]  But how contracts, we need to go back through this on the other side
[43:42.720 --> 43:45.720]  so I can sort out where you're going.
[43:45.720 --> 43:51.720]  This is Randy Kelton, Deborah Stevens, Data Craig, Root of Law Radio.
[43:51.720 --> 44:07.720]  We'll be back to go on the other side.
[44:21.720 --> 44:46.720]  We'll be right back.
[44:51.720 --> 45:13.720]  Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides,
[45:13.720 --> 45:18.720]  carcinogens and chemical fibers all falling from the sky.
[45:18.720 --> 45:21.720]  You have a choice to keep your body clean.
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[46:08.720 --> 46:10.720]  Okay, folks, we are back.
[46:10.720 --> 46:14.720]  Jerry from Texas has dropped off the line,
[46:14.720 --> 46:22.720]  so we did not manage to get his question fleshed out very well,
[46:22.720 --> 46:25.720]  so we don't know how to respond very well.
[46:25.720 --> 46:27.720]  I personally don't know how to respond.
[46:27.720 --> 46:28.720]  Randy has some comments.
[46:28.720 --> 46:31.720]  I just wanted to give out the call-in number one more time.
[46:31.720 --> 46:33.720]  We've only got one other caller on the board right now.
[46:33.720 --> 46:35.720]  Brendan from Connecticut, you're next.
[46:35.720 --> 46:38.720]  So callers, if you'd like to call in, now is the time.
[46:38.720 --> 46:41.720]  10-2-646-1984.
[46:41.720 --> 46:42.720]  Okay, go ahead, Randy.
[46:42.720 --> 46:43.720]  You had some comments.
[46:43.720 --> 46:44.720]  Okay.
[46:44.720 --> 46:46.720]  In the legal reform community,
[46:46.720 --> 46:52.720]  there is a lot of conjecture about what may or may not have went on
[46:52.720 --> 46:55.720]  100 years ago,
[46:55.720 --> 47:00.720]  but we here at Rule of Law are creatures of statute,
[47:00.720 --> 47:04.720]  and we're creatures of current statute.
[47:04.720 --> 47:09.720]  We can look back at 100-year-old statute for historical purposes,
[47:09.720 --> 47:12.720]  but not for probative purposes,
[47:12.720 --> 47:18.720]  and it's especially difficult to look back at 150- and 200-year-old statutes
[47:18.720 --> 47:26.720]  and try to make sense of them in the context of the laws as they exist today.
[47:26.720 --> 47:32.720]  I kind of get the impression that where Jerry was going was to the fact that
[47:32.720 --> 47:37.720]  after the Civil War, blacks were considered property,
[47:37.720 --> 47:42.720]  and after the Civil War, somehow they weren't considered property anymore,
[47:42.720 --> 47:47.720]  and I'm not sure what he was going to beyond that,
[47:47.720 --> 47:57.720]  but I get a lot of people coming to me with a lot of legal conclusions and ideas.
[47:57.720 --> 48:02.720]  I did a show with Winston Shroup on the commercial process,
[48:02.720 --> 48:06.720]  and he's explaining what all this stuff means,
[48:06.720 --> 48:08.720]  and I kept asking, well, where did you get that?
[48:08.720 --> 48:13.720]  And he said, well, the bankruptcy, and they did this and they did that,
[48:13.720 --> 48:14.720]  and I said, wait, wait, wait, wait.
[48:14.720 --> 48:17.720]  How do we get there with case law?
[48:17.720 --> 48:19.720]  He said, well, we can't.
[48:19.720 --> 48:21.720]  Well, then how did you get there?
[48:21.720 --> 48:23.720]  Well, I figured it out.
[48:23.720 --> 48:28.720]  Oh, so you made it up.
[48:28.720 --> 48:33.720]  And to his credit, he said, yes, I did.
[48:33.720 --> 48:46.720]  And these were issues that he figured out based on what he understood of how things worked.
[48:46.720 --> 48:50.720]  Well, we're creatures of statute, and we can't go there
[48:50.720 --> 48:55.720]  because we deal in courts and we deal in remedy,
[48:55.720 --> 48:59.720]  and you can't go to courts with ideas.
[48:59.720 --> 49:06.720]  You have to go to courts with black-letter law and case law
[49:06.720 --> 49:12.720]  because that's the only thing the trial judge is allowed to consider.
[49:12.720 --> 49:20.720]  You may come to him with an opinion, and he may agree with you,
[49:20.720 --> 49:26.720]  but he can't rule on your opinion unless you give him black-letter or case law
[49:26.720 --> 49:28.720]  on which to support his ruling.
[49:28.720 --> 49:34.720]  That's why we can always ask for findings of fact and conclusions at law
[49:34.720 --> 49:46.720]  because the judge may only develop the facts in accordance with the rules of evidence
[49:46.720 --> 49:52.720]  and apply the law as it comes to him to the facts in the case.
[49:52.720 --> 49:58.720]  You can't address opinions, and I'm getting more and more reluctant to address these issues
[49:58.720 --> 50:04.720]  because when we try to address them, what we get into is this round robin.
[50:04.720 --> 50:06.720]  I debunk one thing, well, what about this?
[50:06.720 --> 50:07.720]  And I debunk that.
[50:07.720 --> 50:09.720]  What about this and this and this and this and this and this?
[50:09.720 --> 50:14.720]  And they start throwing everything that you can think of at you,
[50:14.720 --> 50:20.720]  and you're all of a sudden in this quagmire of beliefs and ideas,
[50:20.720 --> 50:23.720]  and you have no idea where the law is.
[50:23.720 --> 50:30.720]  So we will be reluctant to address issues that aren't based on some sort of law.
[50:30.720 --> 50:34.720]  Yeah, and I will also make a comment concerning court systems, too.
[50:34.720 --> 50:38.720]  Sometimes we get emails and people saying on the air, well, the courts have no authority.
[50:38.720 --> 50:41.720]  They have no power because you can look them up on Dun & Bradstreet,
[50:41.720 --> 50:44.720]  and that is just the most ridiculous thing I've ever heard in my life.
[50:44.720 --> 50:45.720]  I'm sorry.
[50:45.720 --> 50:50.720]  It really is just because a court or any governmental entity for that matter
[50:50.720 --> 50:55.720]  has incorporated itself and has a listing on Dun & Bradstreet.
[50:55.720 --> 51:01.720]  That does not mean that it's not also a constitutional governmental entity.
[51:01.720 --> 51:06.720]  It was originally set in place by the Constitution,
[51:06.720 --> 51:10.720]  and it just happened to incorporate itself into a business
[51:10.720 --> 51:12.720]  and has a listing on Dun & Bradstreet.
[51:12.720 --> 51:18.720]  That does not mean that it is somehow magically no longer a constitutional court.
[51:18.720 --> 51:20.720]  So we don't subscribe to those things.
[51:20.720 --> 51:22.720]  Well, I would interject one thing on that, Deborah,
[51:22.720 --> 51:26.720]  and that is whether or not that constitutional court is operating
[51:26.720 --> 51:28.720]  for the purpose of generating a profit.
[51:28.720 --> 51:31.720]  That would be a problem in a constitutional sense.
[51:31.720 --> 51:32.720]  Okay.
[51:32.720 --> 51:33.720]  What do I mean how?
[51:33.720 --> 51:34.720]  I mean how?
[51:34.720 --> 51:37.720]  Because you can't pay for justice or sell justice,
[51:37.720 --> 51:40.720]  and when they're operating for the purpose of generating a profit,
[51:40.720 --> 51:42.720]  that's what they're doing.
[51:42.720 --> 51:43.720]  Where do you get that?
[51:43.720 --> 51:44.720]  Where do you get that?
[51:44.720 --> 51:45.720]  Yeah.
[51:45.720 --> 51:47.720]  Well, let's take a look at the traffic courts.
[51:47.720 --> 51:48.720]  No, wait a minute.
[51:48.720 --> 51:50.720]  Don't run off on a different tangent.
[51:50.720 --> 51:51.720]  No.
[51:51.720 --> 51:52.720]  We said the courts.
[51:52.720 --> 51:56.720]  You said you made a proactive statement.
[51:56.720 --> 52:01.720]  Was that your opinion or do we have law and case law to back it up?
[52:01.720 --> 52:04.720]  Well, we can certainly find it.
[52:04.720 --> 52:05.720]  I don't think we can.
[52:05.720 --> 52:06.720]  Okay.
[52:06.720 --> 52:07.720]  Well, at any rate.
[52:07.720 --> 52:08.720]  And that's the concern here.
[52:08.720 --> 52:12.720]  Unless I see it in the Constitution or unless I see it in law that,
[52:12.720 --> 52:17.720]  you know, if somehow there's a profit by the income of the court,
[52:17.720 --> 52:21.720]  that that means that somehow magically it's no longer a constitutional court,
[52:21.720 --> 52:23.720]  I would like to see case law on that.
[52:23.720 --> 52:24.720]  I never have.
[52:24.720 --> 52:31.720]  Well, I'm not saying that it's not constitutional in the sense that the Constitution didn't create it
[52:31.720 --> 52:33.720]  and that it's not a creature of the Constitution any longer.
[52:33.720 --> 52:34.720]  It is.
[52:34.720 --> 52:39.720]  What I'm saying is that their actions and purposes are no longer in line
[52:39.720 --> 52:41.720]  with their constitutional duty to the people.
[52:41.720 --> 52:42.720]  Okay.
[52:42.720 --> 52:44.720]  Well, that's a different story.
[52:44.720 --> 52:50.720]  I was going to the fact that some people are saying that they're not a constitutional court period
[52:50.720 --> 52:55.720]  just because they have somehow commercialized themselves and that is not true.
[52:55.720 --> 53:02.720]  This goes exactly to my point is we have to be real careful about
[53:02.720 --> 53:10.720]  separating what we think about the law from what we know about the law.
[53:10.720 --> 53:20.720]  We have to be careful about juxtaposing our beliefs about the law in place of what the law actually says.
[53:20.720 --> 53:23.720]  Now, we can have all opinions we want to outside the court,
[53:23.720 --> 53:29.720]  but when we walk into the courtroom and we want to put something before the court,
[53:29.720 --> 53:33.720]  it has to be facts or law.
[53:33.720 --> 53:35.720]  That's all we got.
[53:35.720 --> 53:37.720]  Our opinion irrelevant.
[53:37.720 --> 53:41.720]  And this thing about whether or not the court's a corporation,
[53:41.720 --> 53:48.720]  I don't see anything in the Constitution or statute that in any way addresses
[53:48.720 --> 53:51.720]  whether or not the court is a corporation.
[53:51.720 --> 53:54.720]  It's just not there.
[53:54.720 --> 53:55.720]  Okay.
[53:55.720 --> 53:57.720]  Well, we've got some callers on the line.
[53:57.720 --> 53:59.720]  You guys want to take some calls?
[53:59.720 --> 54:00.720]  Yes.
[54:00.720 --> 54:01.720]  Okay.
[54:01.720 --> 54:03.720]  We've got Brendan from Connecticut who's been waiting for a very long time,
[54:03.720 --> 54:06.720]  and then we've got Jeff and Carlos.
[54:06.720 --> 54:07.720]  Brendan, thanks for calling in.
[54:07.720 --> 54:09.720]  What's on your mind tonight?
[54:09.720 --> 54:10.720]  Thanks.
[54:09.720 --> 54:10.720]  Hi, everybody.
[54:10.720 --> 54:14.720]  Speaking of traffic and taking money from you,
[54:14.720 --> 54:16.720]  I was in traffic court today,
[54:16.720 --> 54:22.720]  and I get a couple of traffic charges that I have to go to court in January,
[54:22.720 --> 54:24.720]  but I met with the state's attorney,
[54:24.720 --> 54:29.720]  and it was that meeting where they basically try to get you to plead guilty
[54:29.720 --> 54:33.720]  and then pay a few bucks less.
[54:33.720 --> 54:38.720]  I had a problem with them because I told them I wanted a court date,
[54:38.720 --> 54:45.720]  but I also noticed that they put a non-guilty plea in on my behalf.
[54:45.720 --> 54:48.720]  Well, you asked for a court date, right?
[54:48.720 --> 54:49.720]  Yes, I asked for the court date.
[54:49.720 --> 54:50.720]  Okay.
[54:50.720 --> 54:51.720]  They have to have a plea of some kind.
[54:51.720 --> 54:55.720]  If you want a court date, you weren't going to plead guilty, right?
[54:55.720 --> 54:56.720]  No.
[54:56.720 --> 54:59.720]  I thought, and maybe I'm incorrect,
[54:59.720 --> 55:08.720]  I thought that if they put in any type of a plea at this point without the complaint,
[55:08.720 --> 55:12.720]  that it puts me under the jurisdiction of the court
[55:12.720 --> 55:16.720]  and prevents me from actually challenging jurisdiction in the first place.
[55:16.720 --> 55:17.720]  Not true.
[55:17.720 --> 55:22.720]  That is one of those patriot myths.
[55:22.720 --> 55:23.720]  Okay.
[55:23.720 --> 55:27.720]  But you do need to be studying the Code of Criminal Procedure there in Connecticut.
[55:27.720 --> 55:29.720]  That is where you are, correct?
[55:29.720 --> 55:30.720]  Yes.
[55:30.720 --> 55:31.720]  Okay.
[55:31.720 --> 55:33.720]  You need to know what they're supposed to be doing at this stage.
[55:33.720 --> 55:36.720]  Like here in Texas, the first time they take you into court,
[55:36.720 --> 55:41.720]  they try to hold an arraignment, which they absolutely cannot do.
[55:41.720 --> 55:44.720]  The Code of Criminal Procedure forbids that.
[55:44.720 --> 55:47.720]  It gives them step by step what they're supposed to do,
[55:47.720 --> 55:49.720]  and they just aren't doing it.
[55:49.720 --> 55:53.720]  That is a denial of procedural due process.
[55:53.720 --> 55:56.720]  That is a protected right.
[55:56.720 --> 56:02.720]  You need to hold them to the laws of Connecticut in what they're required to do for due process,
[56:02.720 --> 56:08.720]  both under your constitution and whatever serves as your Code of Criminal Procedure.
[56:08.720 --> 56:12.720]  And just to give you an indication of this, I'll give you an analogy.
[56:12.720 --> 56:16.720]  When you're getting trained as a peace officer,
[56:16.720 --> 56:20.720]  one of the first things you're taught is how to prevent the opponent
[56:20.720 --> 56:25.720]  from getting his hands on your weapon and using it against you.
[56:25.720 --> 56:30.720]  Well, in this, what we do, that's our entire purpose,
[56:30.720 --> 56:35.720]  is to get their weapon away from them and beat them to death with it.
[56:35.720 --> 56:40.720]  And in this case, their weapon is the statute.
[56:40.720 --> 56:45.720]  And you have to be able to wield it better than they do.
[56:45.720 --> 56:50.720]  So, and that's the Code of Criminal Procedure and the statute which I was charged.
[56:50.720 --> 56:56.720]  So if I wanted both of them inside and out, I'm in pretty good shape, right?
[56:56.720 --> 56:57.720]  Well, yes.
[56:57.720 --> 57:04.720]  You need to know what every element of the statute you're charged under requires to be proven in court.
[57:04.720 --> 57:10.720]  You need to know what each element is, and they have to prove every one of them.
[57:10.720 --> 57:14.720]  If they can't do that, they lose.
[57:14.720 --> 57:18.720]  But if you don't make them prove it, they'll win by default.
[57:18.720 --> 57:24.720]  But in order for them to prove it, there are particular steps and rules they must abide by.
[57:24.720 --> 57:30.720]  And if you don't hold them to it, the judge isn't going to do it for you.
[57:30.720 --> 57:34.720]  So in other words, it's almost like baking a cake.
[57:34.720 --> 57:36.720]  You have to mix the ingredients at the right time,
[57:36.720 --> 57:39.720]  and if they kind of mix things up and do whatever they want.
[57:39.720 --> 57:41.720]  And you've got to cook it at the right temperature.
[57:41.720 --> 57:44.720]  You've got to check it at the right time and take it out at the right time,
[57:44.720 --> 57:46.720]  or you burn the cake, right?
[57:46.720 --> 57:47.720]  Yep.
[57:47.720 --> 57:49.720]  Exactly the same thing.
[57:49.720 --> 57:54.720]  Now, I'm going to go and purchase the traffic seminar.
[57:54.720 --> 57:57.720]  I'm guessing that that's probably going to save me a little bit of time,
[57:57.720 --> 58:01.720]  especially because Texas is, like you said before when I talked to you,
[58:01.720 --> 58:04.720]  Texas and Connecticut is pretty similar.
[58:04.720 --> 58:08.720]  So is that the best route is just to go with that and then do that first motion
[58:08.720 --> 58:10.720]  that you guys mentioned the last couple of weeks?
[58:10.720 --> 58:13.720]  Yeah, it'll give you the best amount of information the quickest,
[58:13.720 --> 58:17.720]  but you still have to match it up to your own state statutes.
[58:17.720 --> 58:20.720]  Okay, read the penal code all the way through.
[58:20.720 --> 58:22.720]  Yeah, read it.
[58:22.720 --> 58:26.720]  Call the criminal procedure and the statute and the traffic seminar.
[58:26.720 --> 58:27.720]  Right.
[58:27.720 --> 58:28.720]  All right, thanks a lot, guys. Appreciate it.
[58:28.720 --> 58:30.720]  All right, thank you, Brandon.
[58:30.720 --> 58:32.720]  All right, when we get back on the other side,
[58:32.720 --> 58:35.720]  we're going to Jeff and Michigan and then Zoe and others.
[58:35.720 --> 58:39.720]  So folks, stay on the line, and we will be back on the other side.
[58:39.720 --> 58:43.720]  We're at the top of our first hour here on ruleoflawradio.com
[58:43.720 --> 58:46.720]  for our Friday Info Marathon.
[58:46.720 --> 58:49.720]  Folks, make sure you support our sponsors as well,
[58:49.720 --> 58:52.720]  Schintrichian, Eddie's Traffic Seminar, The Mike Mears Method,
[58:52.720 --> 58:54.720]  Jurisdictionary and more.
[58:54.720 --> 58:55.720]  Go to ruleoflawradio.com.
[58:55.720 --> 58:59.720]  We'll be right back.
[58:59.720 --> 59:03.720]  The Bible remains the most popular book in the world,
[59:03.720 --> 59:07.720]  yet countless readers are frustrated because they struggle to understand it.
[59:07.720 --> 59:11.720]  Some new translations try to help by simplifying the text,
[59:11.720 --> 59:16.720]  but in the process can compromise the profound meaning of the Scripture.
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[59:22.720 --> 59:27.720]  but the real story is the more than 9,000 explanatory footnotes.
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[59:31.720 --> 59:34.720]  providing an entrance into the riches of the Word
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[59:53.720 --> 59:57.720]  or by ordering online at freestudybible.com.
[59:57.720 --> 01:00:00.720]  That's freestudybible.com.
[01:00:00.720 --> 01:00:04.720]  This is a news brief brought to you by the International News Net.
[01:00:04.720 --> 01:00:07.720]  Hurricane Tomas, packing winds of 80 miles an hour,
[01:00:07.720 --> 01:00:12.720]  was headed for Haiti Friday, threatening thousands of earthquake survivors.
[01:00:12.720 --> 01:00:15.720]  The government has urged tens of thousands of people living in tents
[01:00:15.720 --> 01:00:19.720]  to find better shelter, but most say they have nowhere to go.
[01:00:19.720 --> 01:00:21.720]  Forecasters have warned of flooding and mudslides,
[01:00:21.720 --> 01:00:28.720]  and health workers fear heavy rain will exacerbate Haiti's cholera epidemic.
[01:00:28.720 --> 01:00:32.720]  A retired Canadian couple who won $11 million on the lottery in July
[01:00:32.720 --> 01:00:35.720]  have already given most of it away.
[01:00:35.720 --> 01:00:37.720]  Violet Large said, quote,
[01:00:37.720 --> 01:00:40.720]  What you've never had, you never miss.
[01:00:40.720 --> 01:00:42.720]  The 78-year-old was undergoing treatment for cancer
[01:00:42.720 --> 01:00:45.720]  when the couple realized they'd won the jackpot.
[01:00:45.720 --> 01:00:48.720]  After strangers called them asking for money,
[01:00:48.720 --> 01:00:51.720]  they began an $11 million donation spree.
[01:00:51.720 --> 01:00:53.720]  Violet said, quote,
[01:00:53.720 --> 01:00:57.720]  Money can't buy you health or happiness.
[01:00:57.720 --> 01:01:03.720]  A suicide bomber killed nine civilians at a bazaar in northern Afghanistan Friday.
[01:01:03.720 --> 01:01:08.720]  Also in Afghanistan, handwritten notes from Taliban leader Mullah Mohammed Omar
[01:01:08.720 --> 01:01:13.720]  have surfaced in mosques all over Afghanistan's ethnic Pashtun heartland,
[01:01:13.720 --> 01:01:19.720]  threatening death to anyone who takes up a government offer to negotiate for peace.
[01:01:19.720 --> 01:01:24.720]  For the first time, U.S. delegates went before the UN Human Rights Council Friday,
[01:01:24.720 --> 01:01:30.720]  facing a barrage of calls to investigate allegations of torture and shut down Guantanamo.
[01:01:30.720 --> 01:01:34.720]  State Department lawyer Harold Koh told the council, quote,
[01:01:34.720 --> 01:01:38.720]  Let there be no doubt the United States does not and will not torture.
[01:01:38.720 --> 01:01:42.720]  Koh's assertion came as The Washington Post reported Thursday,
[01:01:42.720 --> 01:01:47.720]  George Bush admitted in his new memoir to authorizing the use of torture.
[01:01:47.720 --> 01:01:49.720]  The U.S. also defended the death penalty,
[01:01:49.720 --> 01:01:52.720]  saying it was not against international law per se
[01:01:52.720 --> 01:01:57.720]  and drone attacks which have killed scores of women and children in Pakistan, Afghanistan, and Yemen.
[01:01:57.720 --> 01:02:01.720]  Ajamu Baraka of the U.S. Human Rights Network said, quote,
[01:02:01.720 --> 01:02:05.720]  We heard in eloquent defense of U.S. exceptionalism
[01:02:05.720 --> 01:02:12.720]  that the U.S. is not required to conform to internationally recognized human rights standards.
[01:02:12.720 --> 01:02:16.720]  An electronic privacy group has urged a federal appeals court
[01:02:16.720 --> 01:02:19.720]  to limit the use of full-body scanners at U.S. airports,
[01:02:19.720 --> 01:02:23.720]  arguing the machines are an unprecedented intrusion.
[01:02:23.720 --> 01:02:27.720]  In a brief filed Monday, the Electronic Privacy Information Center
[01:02:27.720 --> 01:02:30.720]  accused the Transportation Security Administration
[01:02:30.720 --> 01:02:36.720]  of unilaterally mandating the use of the machines as the primary screening technique.
[01:02:36.720 --> 01:02:39.720]  The brief argued that in allowing government contractors
[01:02:39.720 --> 01:02:42.720]  to capture images of travelers' naked bodies,
[01:02:42.720 --> 01:02:45.720]  the policy violated a raft of federal laws
[01:02:45.720 --> 01:02:50.720]  as well as constitutional protections prohibiting unreasonable search and seizure.
[01:03:15.720 --> 01:03:26.720]  It's all according to the will of the Almighty
[01:03:26.720 --> 01:03:33.720]  I read his book and it says he cares not for the unsightly
[01:03:33.720 --> 01:03:42.720]  These warmongers come by that term rightly
[01:03:42.720 --> 01:03:45.720]  I won't pay for the war with my body
[01:03:45.720 --> 01:03:49.720]  Ain't gonna pay for the car with my money
[01:03:49.720 --> 01:03:52.720]  I won't pay for the fun with my body
[01:03:52.720 --> 01:03:56.720]  Their plans wicked and their logic shoddy
[01:03:56.720 --> 01:03:59.720]  Ain't gonna pay for the oil with my body
[01:03:59.720 --> 01:04:02.720]  I won't pay for the boys with my money
[01:04:02.720 --> 01:04:06.720]  Ain't gonna pay for the kids with my body
[01:04:06.720 --> 01:04:10.720]  The whole agenda smells funny
[01:04:10.720 --> 01:04:17.720]  I wanna fight in a war of my own
[01:04:17.720 --> 01:04:24.720]  Not one would be left back to dance for all
[01:04:24.720 --> 01:04:30.720]  I wanna pay for war of my own
[01:04:30.720 --> 01:04:37.720]  They live in glass houses so I can watch them grow old
[01:04:37.720 --> 01:04:40.720]  I wanna fight in a war I can win
[01:04:40.720 --> 01:04:43.720]  I can never win the one they hate at me in
[01:04:43.720 --> 01:04:47.720]  That one I lose long before it begins
[01:04:47.720 --> 01:04:50.720]  I wanna pay for a war I can win
[01:04:50.720 --> 01:04:57.720]  When I'm fighting in my own war
[01:04:57.720 --> 01:05:04.720]  It's such a peaceful feeling
[01:05:04.720 --> 01:05:11.720]  When I'm paying for my own war
[01:05:11.720 --> 01:05:21.720]  I take time for the healing
[01:05:21.720 --> 01:05:28.720]  It's all according to the will of the Almighty
[01:05:28.720 --> 01:05:35.720]  I read his book and he says he cares not for the unsightly
[01:05:35.720 --> 01:05:55.720]  These fear mongers come by that term rightly
[01:05:55.720 --> 01:06:08.720]  Fear monger, war monger, we don't need you, we're stronger
[01:06:08.720 --> 01:06:23.720]  Ain't gonna pay, I won't pay for the war with my body
[01:06:23.720 --> 01:06:27.720]  Okay folks, we are back, ruleoflawradio.com
[01:06:27.720 --> 01:06:32.720]  We are taking your calls, 512-646-1984
[01:06:32.720 --> 01:06:34.720]  We're going to Jeff in Michigan
[01:06:34.720 --> 01:06:36.720]  Jeff, thanks for calling in
[01:06:36.720 --> 01:06:39.720]  What is your question for us tonight?
[01:06:39.720 --> 01:06:41.720]  Hey Deborah, hey you guys
[01:06:41.720 --> 01:06:47.720]  I don't have a question but I just wanted to relay some good news
[01:06:47.720 --> 01:06:52.720]  A small victory that I've had in the courts against code enforcement fraud
[01:06:52.720 --> 01:07:01.720]  Back in August I got noticed for an offense that I've had for nine years
[01:07:01.720 --> 01:07:04.720]  That the city was demanding a permit for
[01:07:04.720 --> 01:07:09.720]  And I wrote to them and I challenged their jurisdiction and their authority
[01:07:09.720 --> 01:07:11.720]  And refused to pay for it
[01:07:11.720 --> 01:07:16.720]  And then they came out and I had a little sign on the sidewalk for my store
[01:07:16.720 --> 01:07:21.720]  A little temporary sign that I put out on the sidewalk for a couple hours a day
[01:07:21.720 --> 01:07:22.720]  Trying to get some business
[01:07:22.720 --> 01:07:27.720]  They stole it and on the day they stole it they trespassed on my property
[01:07:27.720 --> 01:07:34.720]  Took pictures and wrote me up two citations with four civil infractions
[01:07:34.720 --> 01:07:43.720]  And then I go to court and the judge disregarded my 16 page petition to dismiss
[01:07:43.720 --> 01:07:44.720]  Didn't even read it, didn't open it
[01:07:44.720 --> 01:07:46.720]  I was scheduled for an informal hearing
[01:07:46.720 --> 01:07:52.720]  They threw me into the lion's den with a full blown trial hearing
[01:07:52.720 --> 01:07:55.720]  And told me that he hadn't read it and wasn't going to hear it
[01:07:55.720 --> 01:07:58.720]  But then finally fit me in at the end of the day
[01:07:58.720 --> 01:08:04.720]  And I noticed that the city attorney didn't read it at all either
[01:08:04.720 --> 01:08:08.720]  And told them that yes they did have jurisdiction and they can move ahead
[01:08:08.720 --> 01:08:10.720]  And I objected left and right
[01:08:10.720 --> 01:08:15.720]  When he asked me if I understand I said no sir I do not understand
[01:08:15.720 --> 01:08:18.720]  And I do not consent and I gave him many reasons why
[01:08:18.720 --> 01:08:22.720]  And went through the Clearfield doctrine
[01:08:22.720 --> 01:08:28.720]  And the fact that municipalities have only authority for municipal property only
[01:08:28.720 --> 01:08:31.720]  And again he asked do you understand
[01:08:31.720 --> 01:08:33.720]  I said no sir I do not understand
[01:08:33.720 --> 01:08:35.720]  This is not even a valid complaint
[01:08:35.720 --> 01:08:38.720]  It's supposed to be signed by a district attorney
[01:08:38.720 --> 01:08:40.720]  An information not a citation
[01:08:40.720 --> 01:08:45.720]  And they ignored me left and right, railroaded me through for 20 minutes
[01:08:45.720 --> 01:08:51.720]  And found me guilty and owed $4,000 in fines
[01:08:51.720 --> 01:08:55.720]  All because I refused to pay for a permit for my vents
[01:08:55.720 --> 01:09:00.720]  So after the trial I put in four motions
[01:09:00.720 --> 01:09:04.720]  A motion for reconsideration to dismiss
[01:09:04.720 --> 01:09:08.720]  A motion for a more definite statement of the findings of facts and conclusions of law
[01:09:08.720 --> 01:09:12.720]  A motion to stay the collection of the fines
[01:09:12.720 --> 01:09:15.720]  And a motion to disqualify the judge
[01:09:15.720 --> 01:09:21.720]  All of which were ex parte denied
[01:09:21.720 --> 01:09:23.720]  He probably didn't even read them
[01:09:23.720 --> 01:09:29.720]  And I went to file an appeal
[01:09:29.720 --> 01:09:32.720]  And they tried to tell me that it was only seven days for an appeal
[01:09:32.720 --> 01:09:36.720]  And I disagreed I went and filed my appeal just on the 21st day
[01:09:36.720 --> 01:09:42.720]  And they said well you need to file a copy of the judgment
[01:09:42.720 --> 01:09:44.720]  The judge's order
[01:09:44.720 --> 01:09:48.720]  I went back to the court and found out there isn't one
[01:09:48.720 --> 01:09:51.720]  And made photocopies of what they did have
[01:09:51.720 --> 01:09:59.720]  Had the court administrator offer to backdate an order for me
[01:09:59.720 --> 01:10:01.720]  To which I refused
[01:10:01.720 --> 01:10:06.720]  And then filed my appeal
[01:10:06.720 --> 01:10:14.720]  They sent me notice for the 29th to go to a show cause hearing at the ticket counter
[01:10:14.720 --> 01:10:16.720]  I didn't realize it was a ticket counter
[01:10:16.720 --> 01:10:21.720]  Show cause hearing why I haven't paid but there was no hearing
[01:10:21.720 --> 01:10:26.720]  So I did the day before that we were able to put together
[01:10:26.720 --> 01:10:31.720]  Thinking I'm going to go in there and get arrested for failure to pay a fine
[01:10:31.720 --> 01:10:34.720]  Because these people have no consideration of the law whatsoever
[01:10:34.720 --> 01:10:39.720]  Even though there's no debtors prison they were going to put a warrant out for my arrest probably
[01:10:39.720 --> 01:10:44.720]  So we did an emergency rid of mandamus
[01:10:44.720 --> 01:10:46.720]  Took it up to a higher court
[01:10:46.720 --> 01:10:50.720]  Laid it all out with affidavits and the copies of the motions
[01:10:50.720 --> 01:11:00.720]  And I got lucky that a judge with honor granted my emergency mandamus
[01:11:00.720 --> 01:11:07.720]  And put a stay and disqualified the judge
[01:11:07.720 --> 01:11:10.720]  So now we're at a point where
[01:11:10.720 --> 01:11:12.720]  Yahoo Jeff
[01:11:12.720 --> 01:11:16.720]  I don't know why I'm anti-charmatic but it's a big win
[01:11:16.720 --> 01:11:19.720]  That's a big win
[01:11:19.720 --> 01:11:26.720]  Now everything the judge has done is void
[01:11:26.720 --> 01:11:30.720]  Now you need judo-shikando complaints against the judge
[01:11:30.720 --> 01:11:34.720]  Bar grievances against the attorney
[01:11:34.720 --> 01:11:37.720]  The mandamus gives you grounds
[01:11:37.720 --> 01:11:39.720]  Gives you support for your claims
[01:11:39.720 --> 01:11:41.720]  Yeah I watched your video again the other day
[01:11:41.720 --> 01:11:46.720]  You really do need to keep giving them heck the whole time
[01:11:46.720 --> 01:11:50.720]  Yeah I got to start preparing to go after them
[01:11:50.720 --> 01:11:56.720]  I'm trying to decide on a course of action
[01:11:56.720 --> 01:12:02.720]  To go civilly, get the civil judgment and then go after criminally
[01:12:02.720 --> 01:12:05.720]  But I'm open to suggestions
[01:12:05.720 --> 01:12:07.720]  Tort letter immediately
[01:12:07.720 --> 01:12:12.720]  I did a tort letter to the city and they sent me a notice back saying just go for it
[01:12:12.720 --> 01:12:16.720]  Give it your best shot
[01:12:16.720 --> 01:12:19.720]  Wonderful, now you need causes of action
[01:12:19.720 --> 01:12:25.720]  You need to know when a city weighs its jurisdiction
[01:12:25.720 --> 01:12:31.720]  Did the guys who trespassed on your property walk out to your property
[01:12:31.720 --> 01:12:37.720]  Or did they drive out in a piece of motorized equipment owned by the city?
[01:12:37.720 --> 01:12:44.720]  Well I'm sure he had a city car that he parked up in a private parking lot
[01:12:44.720 --> 01:12:46.720]  Which he claimed he didn't do
[01:12:46.720 --> 01:12:54.720]  And then he walked behind my fence into my property in order to get the picture that he introduced into evidence
[01:12:54.720 --> 01:13:02.720]  I wonder if that camera had a motor in it
[01:13:02.720 --> 01:13:10.720]  The reason I'm going here is the one time that a city weighs its sovereign immunity
[01:13:10.720 --> 01:13:18.720]  Is if a tort is committed against a citizen by a city employee
[01:13:18.720 --> 01:13:24.720]  While operating a piece of motorized equipment belonging to the city
[01:13:24.720 --> 01:13:28.720]  Well they don't ride around town on anything but city vehicles
[01:13:28.720 --> 01:13:34.720]  No it says motorized, it does not specify that it has to be something the body can fit in
[01:13:34.720 --> 01:13:40.720]  Something the body can fit in is sufficient
[01:13:40.720 --> 01:13:47.720]  They used it in further to the commission of what you maintain is the tort against you
[01:13:47.720 --> 01:13:56.720]  Now they'll argue against that but you can also go to the judge for acting out of scope
[01:13:56.720 --> 01:14:00.720]  You put in a challenge to jurisdiction
[01:14:00.720 --> 01:14:06.720]  Once jurisdiction is challenged it may not be presumed it must be proven
[01:14:06.720 --> 01:14:11.720]  So once you challenge jurisdiction until it was proven the court was without jurisdiction
[01:14:11.720 --> 01:14:17.720]  And being without jurisdiction the court was without immunity from suit
[01:14:17.720 --> 01:14:27.720]  And he asked me do you understand and when I went through my speech to him
[01:14:27.720 --> 01:14:35.720]  He just blew it off and he's like going to go ahead anyway
[01:14:35.720 --> 01:14:43.720]  And he goes I'm going to put in what's your plea
[01:14:43.720 --> 01:14:48.720]  I said sir I cannot give you a plea you haven't given me any evidence of finding the facts
[01:14:48.720 --> 01:14:52.720]  And the conclusions of law of how you've got jurisdiction
[01:14:52.720 --> 01:14:55.720]  And he just ignores me and puts in a plea of not guilty
[01:14:55.720 --> 01:14:58.720]  I said sir I object you do not represent me
[01:14:58.720 --> 01:15:00.720]  Your objection is noted
[01:15:00.720 --> 01:15:07.720]  This guy didn't care about what the law said in any way shape or form
[01:15:07.720 --> 01:15:15.720]  Now sue him personally because he acted without subject matter jurisdiction and was subsequently disqualified from the case because of that
[01:15:15.720 --> 01:15:18.720]  Now you've got a shot at it
[01:15:18.720 --> 01:15:25.720]  The judges that I've appeared before never ask me the question do you understand anymore
[01:15:25.720 --> 01:15:29.720]  Because my response has always been do I understand you're a crook
[01:15:29.720 --> 01:15:31.720]  Do I understand you're incompetent
[01:15:31.720 --> 01:15:34.720]  Yes that I understand
[01:15:34.720 --> 01:15:42.720]  Yeah the way you were describing the situation with that young lady to the mayor's assistant the other night
[01:15:42.720 --> 01:15:47.720]  That's exactly the kind of treatment that I've been getting
[01:15:47.720 --> 01:15:51.720]  Motions not even read just you know denied
[01:15:51.720 --> 01:15:57.720]  And unfortunately this guy is the chief judge in this particular district
[01:15:57.720 --> 01:16:03.720]  And I don't think anything I do ever is going to get any respect whatsoever until I get rid of him
[01:16:03.720 --> 01:16:06.720]  You sue him personally you'll get his respect
[01:16:06.720 --> 01:16:12.720]  You sue him for outlawry because he didn't read the pleading
[01:16:12.720 --> 01:16:14.720]  Outlawry?
[01:16:14.720 --> 01:16:16.720]  Outlawry
[01:16:16.720 --> 01:16:22.720]  Remember in the constitution outlawry is forbidden
[01:16:22.720 --> 01:16:26.720]  Okay here's what outlawry is
[01:16:26.720 --> 01:16:28.720]  In the common law
[01:16:28.720 --> 01:16:32.720]  If you were summoned to court and failed to appear
[01:16:32.720 --> 01:16:35.720]  You could be declared an outlaw
[01:16:35.720 --> 01:16:41.720]  You were outside the law and could not come to the court for redress of grievance
[01:16:41.720 --> 01:16:43.720]  You were denied protection of the court
[01:16:43.720 --> 01:16:45.720]  That's exactly what the judge did to you
[01:16:45.720 --> 01:16:50.720]  Okay we'll finish this up on the other side quickly we've got a bunch of calls
[01:16:50.720 --> 01:16:53.720]  Randy Kelton, Debra Stevens, Eddie Craig, Wheelbarrow Radio
[01:16:53.720 --> 01:16:57.720]  Call in at 512-646-1984
[01:16:57.720 --> 01:17:06.720]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies in the Austin metro area
[01:17:06.720 --> 01:17:08.720]  We also ship worldwide
[01:17:08.720 --> 01:17:13.720]  We are a family owned and operated business that offers competitive prices on your coin and metals purchases
[01:17:13.720 --> 01:17:19.720]  We buy, sell, trade and consign rare coins, gold and silver coin collections, precious metals and scrap gold
[01:17:19.720 --> 01:17:21.720]  We purchase and sell gold and jewelry items
[01:17:21.720 --> 01:17:24.720]  We offer daily specials on coins and bullion
[01:17:24.720 --> 01:17:29.720]  We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmont
[01:17:29.720 --> 01:17:33.720]  And we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5
[01:17:33.720 --> 01:17:41.720]  You are welcome to stop in our shop during regular business hours or call 512-646-6440 with any questions
[01:17:41.720 --> 01:17:45.720]  Ask for Chad and say you heard about us on Blue of Law Radio or Texas Liberty Radio
[01:17:45.720 --> 01:17:48.720]  That's Capital Coin and Bullion at the corner of Burnett and Shulmont
[01:17:48.720 --> 01:17:52.720]  And we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5
[01:17:52.720 --> 01:17:57.720]  That's Capital Coin and Bullion, 512-646-6440
[01:17:59.720 --> 01:18:02.720]  It is so enlightening to listen to 90.1 FM
[01:18:02.720 --> 01:18:05.720]  But finding things on the Internet isn't so easy
[01:18:05.720 --> 01:18:08.720]  And neither is finding like-minded people to share it with
[01:18:08.720 --> 01:18:11.720]  Oh, well, I guess you haven't heard of Brave New Books then
[01:18:11.720 --> 01:18:12.720]  Brave New Books?
[01:18:12.720 --> 01:18:19.720]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin
[01:18:19.720 --> 01:18:23.720]  They even stock inner food, Berkey products and Calvin Soaps
[01:18:23.720 --> 01:18:26.720]  There's no way a place like that exists
[01:18:26.720 --> 01:18:27.720]  Go check it out for yourself
[01:18:27.720 --> 01:18:31.720]  It's downtown at 1904 Guadalupe Street just south of UT
[01:18:31.720 --> 01:18:35.720]  By UT, there's never anywhere to park down there
[01:18:35.720 --> 01:18:42.720]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore
[01:18:42.720 --> 01:18:46.720]  It does exist, but when are they open?
[01:18:46.720 --> 01:18:51.720]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays
[01:18:51.720 --> 01:18:55.720]  So give them a call at 512-480-2503
[01:18:55.720 --> 01:19:20.720]  Or check out their events page at BraveNewBookstore.com
[01:19:25.720 --> 01:19:30.720]  Okay folks, we're back
[01:19:30.720 --> 01:19:36.720]  Okay, Randy, you're just about to finish up with Jeff about the outlawry thing
[01:19:36.720 --> 01:19:38.720]  Yes, outlawry
[01:19:38.720 --> 01:19:41.720]  That was, I would go after the judge for outlawry
[01:19:41.720 --> 01:19:45.720]  That's a constitutional violation
[01:19:45.720 --> 01:19:48.720]  So that would get you in the federal court
[01:19:48.720 --> 01:19:51.720]  He denied you in the protection of the court
[01:19:51.720 --> 01:19:55.720]  Primarily by not even bothering to read the documentation
[01:19:55.720 --> 01:19:57.720]  So he would sue in federal court
[01:19:57.720 --> 01:20:00.720]  Yes, that would be the best place
[01:20:00.720 --> 01:20:06.720]  And maintain that the court acted without subject matter jurisdiction in the first instance
[01:20:06.720 --> 01:20:12.720]  Acted toward an ongoing pattern of corruption
[01:20:12.720 --> 01:20:19.720]  And criminally denied, not only denied you criminally, but also civilly
[01:20:19.720 --> 01:20:25.720]  And since he was without subject matter jurisdiction, since it had been challenged and never proven
[01:20:25.720 --> 01:20:29.720]  Then he's subject to suit
[01:20:29.720 --> 01:20:32.720]  That'll get his attention, we really need to move on if we've got to
[01:20:32.720 --> 01:20:36.720]  Zoe is the first time caller and she's been waiting a long time
[01:20:36.720 --> 01:20:39.720]  Okay, we're going to go now to Zoe in Texas
[01:20:39.720 --> 01:20:41.720]  Zoe, thanks for calling in, thank you for holding
[01:20:41.720 --> 01:20:43.720]  What is on your mind tonight?
[01:20:43.720 --> 01:20:50.720]  Hi, I have three cases, but right now, let me discuss this one
[01:20:50.720 --> 01:20:53.720]  I just received a letter in the mail
[01:20:53.720 --> 01:20:58.720]  And it's from my case dated in 2007
[01:20:58.720 --> 01:21:03.720]  And it's a notice of citation from a law firm
[01:21:03.720 --> 01:21:09.720]  They added failure to appear bail jumping three times
[01:21:09.720 --> 01:21:17.720]  And it says, oh, and they want me to enter a plea
[01:21:17.720 --> 01:21:22.720]  And waiver of jury trial and enter a plea
[01:21:22.720 --> 01:21:25.720]  And circle one and sign were indicated
[01:21:25.720 --> 01:21:32.720]  And says don't ignore it because this is going to result in an arrest
[01:21:32.720 --> 01:21:34.720]  Well, let me give you the history
[01:21:34.720 --> 01:21:38.720]  When I first got my citation, I signed under duress
[01:21:38.720 --> 01:21:46.720]  And this is for expired license, no registration, no inspection
[01:21:46.720 --> 01:21:51.720]  Okay, and then when I did appear, I couldn't get into the courtroom
[01:21:51.720 --> 01:21:55.720]  Because a bailiff wouldn't let you in unless he hands you this piece of paper
[01:21:55.720 --> 01:21:59.720]  And you have to fill it out, it's a plea, you have to plea
[01:21:59.720 --> 01:22:05.720]  So to get into the courtroom, well, I went into a private
[01:22:05.720 --> 01:22:12.720]  I found a private place, I drew a line and wrote in, I do not plea
[01:22:12.720 --> 01:22:17.720]  And I checked the line and I handed it to the bailiff and he let me in
[01:22:17.720 --> 01:22:22.720]  And they really smirked on that, they didn't like that
[01:22:22.720 --> 01:22:29.720]  So my first appearance, I signed, they gave me a pre-trial to show up again
[01:22:29.720 --> 01:22:32.720]  I signed no jurisdiction and my name
[01:22:32.720 --> 01:22:37.720]  Okay, then the second appearance, motions, jury trial
[01:22:37.720 --> 01:22:41.720]  I signed no jurisdiction and my name
[01:22:41.720 --> 01:22:48.720]  And let's see, the third appearance, it's jury trial
[01:22:48.720 --> 01:22:56.720]  I refused to sign and I never did show up for jury trial
[01:22:56.720 --> 01:23:04.720]  Let me explain, the judge told the police chief, it was a small town
[01:23:04.720 --> 01:23:15.720]  I wanted the tapes, what do you call it, the video tapes
[01:23:15.720 --> 01:23:21.720]  And the judge ordered the chief not to let that video out of his office
[01:23:21.720 --> 01:23:25.720]  They kind of roughed me up when they were giving me a ticket
[01:23:25.720 --> 01:23:30.720]  So now I'm receiving this letter in the mail from a law firm
[01:23:30.720 --> 01:23:34.720]  So what do I do?
[01:23:34.720 --> 01:23:37.720]  What state are you in?
[01:23:37.720 --> 01:23:40.720]  Texas, Houston
[01:23:40.720 --> 01:23:44.720]  All right, and this entire case involves Texas, right?
[01:23:44.720 --> 01:23:45.720]  Yes
[01:23:45.720 --> 01:23:50.720]  What police officers gave you the ticket and what court were you in?
[01:23:50.720 --> 01:23:59.720]  Oh, this is municipal court and it's from the city of Southside
[01:23:59.720 --> 01:24:03.720]  It's kind of near Rice University here in Texas
[01:24:03.720 --> 01:24:06.720]  Yeah, I'm familiar with where it is
[01:24:06.720 --> 01:24:14.720]  Okay, all right, so this will take some doing because of what they've done
[01:24:14.720 --> 01:24:16.720]  Do you have access to a scanner?
[01:24:16.720 --> 01:24:17.720]  Yes
[01:24:17.720 --> 01:24:23.720]  Okay, if you can scan in the documents you have received and anything that you have filed
[01:24:23.720 --> 01:24:28.720]  and send copies of that to me at eddie at ruleoflawradio.com
[01:24:28.720 --> 01:24:31.720]  I will go over it, be sure your phone number is in your email
[01:24:31.720 --> 01:24:35.720]  and if you will give me a couple of days, I will get through what you send me
[01:24:35.720 --> 01:24:38.720]  and I will contact you and help you go from here
[01:24:38.720 --> 01:24:45.720]  Okay, and I have a backup, I got a better one than this
[01:24:45.720 --> 01:24:52.720]  Another case, this cop, he wrote something on the ticket
[01:24:52.720 --> 01:24:54.720]  and I questioned, what is that number?
[01:24:54.720 --> 01:24:57.720]  And he goes, oh, it's just something for the state
[01:24:57.720 --> 01:25:06.720]  So I go to trial and he shows up and I say something to the court or something
[01:25:06.720 --> 01:25:09.720]  and they dismiss it and set it for another date
[01:25:09.720 --> 01:25:13.720]  and anyway, he never showed up again for the second time
[01:25:13.720 --> 01:25:16.720]  and the judge wouldn't dismiss and I wanted it dismissed
[01:25:16.720 --> 01:25:20.720]  and she said it was too much money, she wasn't going to dismiss it, I heard her say that
[01:25:20.720 --> 01:25:22.720]  The judge has no choice
[01:25:22.720 --> 01:25:25.720]  I know, but she did it anyway
[01:25:25.720 --> 01:25:30.720]  Let me ask you this, did the prosecutor announce ready for trial?
[01:25:30.720 --> 01:25:35.720]  Nobody was there, I was left in the court, I sat there for hours and hours
[01:25:35.720 --> 01:25:42.720]  and I was there until late and the cop never showed
[01:25:42.720 --> 01:25:50.720]  Okay, the first thing you do then is you want to file a motion for contempt against the cop
[01:25:50.720 --> 01:25:52.720]  We'll worry about all that later, send me your information
[01:25:52.720 --> 01:25:55.720]  and I will go through this and help you figure it out
[01:25:55.720 --> 01:26:04.720]  Okay, what he wrote on that ticket, the number, some kind of code they have on me
[01:26:04.720 --> 01:26:10.720]  Later, now this is another case, somebody set me up
[01:26:10.720 --> 01:26:14.720]  I had the county, Harris County come after me
[01:26:14.720 --> 01:26:19.720]  There were like five or six trucks, I mean I stopped on the side of the freeway
[01:26:19.720 --> 01:26:25.720]  and then they hand me over to about five or seven cop cars, Houston police
[01:26:25.720 --> 01:26:28.720]  and then they took me over to a Home Depot
[01:26:28.720 --> 01:26:31.720]  and then I got interviewed by the news media
[01:26:31.720 --> 01:26:34.720]  and he says you want to talk because then you're going to be live on radio
[01:26:34.720 --> 01:26:37.720]  or you're going to be live, this is going to be live
[01:26:37.720 --> 01:26:41.720]  and they were trying to interview me and he was asking me
[01:26:41.720 --> 01:26:47.720]  like I'm a gangster, a big boss, a gangster or something
[01:26:47.720 --> 01:26:51.720]  asking me all sorts of questions and I didn't know who he was at first
[01:26:51.720 --> 01:26:56.720]  I thought he was another cop and I was handcuffed
[01:26:56.720 --> 01:27:03.720]  Anyway, when they took me to jail, I almost died in jail and blah
[01:27:03.720 --> 01:27:11.720]  I never got my money back from my vehicle, this is a little over two, likely two years
[01:27:11.720 --> 01:27:15.720]  Okay, now what was the issue with the number though, what was the significance of that?
[01:27:15.720 --> 01:27:23.720]  I figured they claimed I was belonging to the Republic of Texas, but I don't
[01:27:23.720 --> 01:27:30.720]  Well, that's a blanket accusation they use when they know they're violating rights
[01:27:30.720 --> 01:27:34.720]  but they don't, they want to discredit you in the process
[01:27:34.720 --> 01:27:38.720]  so that you can't be any trouble to them, that's what they do to everybody
[01:27:38.720 --> 01:27:45.720]  Okay, but it's on my record and I don't know how it got there because
[01:27:45.720 --> 01:27:50.720]  Well, it was put there by the prosecuting attorney, that's how it got there
[01:27:50.720 --> 01:27:54.720]  But how would they know? I was in a public...
[01:27:54.720 --> 01:27:57.720]  They didn't, they made it up, that's what I'm telling you
[01:27:57.720 --> 01:28:02.720]  Okay, I need to do something about that
[01:28:02.720 --> 01:28:06.720]  Well, at this point based upon what you're telling me and after I get a look at your paperwork
[01:28:06.720 --> 01:28:10.720]  it's possible that you can do a whole lot more than just get that off your record
[01:28:10.720 --> 01:28:19.720]  Oh, okay, because that's... I did have an attorney but he died
[01:28:19.720 --> 01:28:23.720]  but he didn't do anything for me
[01:28:23.720 --> 01:28:27.720]  Well, no, he took your money, didn't he?
[01:28:27.720 --> 01:28:28.720]  Yeah
[01:28:28.720 --> 01:28:30.720]  Okay, well then he did his job
[01:28:30.720 --> 01:28:34.720]  Yeah, he did his job
[01:28:34.720 --> 01:28:40.720]  That arrest was in retaliation for filing a police report
[01:28:40.720 --> 01:28:44.720]  Okay, but the question becomes how can you prove that?
[01:28:44.720 --> 01:28:55.720]  I don't know, well kind of, you would have to, I would have to put that in writing, I don't want to talk to it over the phone
[01:28:55.720 --> 01:29:07.720]  Anyway, basically that's it and I can send you this case and that case
[01:29:07.720 --> 01:29:08.720]  Hello?
[01:29:08.720 --> 01:29:09.720]  Yes, uh-huh
[01:29:09.720 --> 01:29:14.720]  Yeah, just send me that information then and I'll go through it and as quick as I can get back to you here in a couple days
[01:29:14.720 --> 01:29:17.720]  I will get it evaluated and give you a call
[01:29:17.720 --> 01:29:18.720]  Okay, that's fine
[01:29:18.720 --> 01:29:22.720]  Okay, and we'll address it since you don't want to go into that part of it on the air
[01:29:22.720 --> 01:29:25.720]  We'll address it from that aspect at that time
[01:29:25.720 --> 01:29:27.720]  Okay
[01:29:27.720 --> 01:29:29.720]  All right, thank you for calling in, Zoe
[01:29:29.720 --> 01:29:30.720]  Thank you
[01:29:30.720 --> 01:29:34.720]  Okay, we're just about to go to break right now, when we get back
[01:29:34.720 --> 01:29:40.720]  We're going to go to Jim in Texas, the first time caller, and then we've got Chad and Carlos
[01:29:40.720 --> 01:29:46.720]  So folks, stay on the line and we will get to you as soon as we get on the other side of the break
[01:29:46.720 --> 01:30:08.720]  This is the Rule of Law, ruleoflawradio.com, we'll be right back
[01:30:16.720 --> 01:30:41.720]  We'll be right back
[01:30:41.720 --> 01:31:03.720]  We'll be right back
[01:31:03.720 --> 01:31:15.720]  We'll be right back
[01:31:33.720 --> 01:31:48.720]  We'll be right back
[01:31:48.720 --> 01:32:03.720]  We'll be right back
[01:32:18.720 --> 01:32:38.720]  We'll be right back
[01:32:38.720 --> 01:32:41.720]  All right folks, we are back, we're taking your calls
[01:32:41.720 --> 01:32:45.720]  512-646-1984
[01:32:45.720 --> 01:32:48.720]  All right, we're going to Jim in Texas, the first time caller
[01:32:48.720 --> 01:32:51.720]  Jim, thanks for calling in, what is your question for us tonight?
[01:32:51.720 --> 01:33:02.720]  Yeah, hi, I want to thank Eddie, first of all, for immediate response to my son's ticket for he has an arrest warrant in Austin
[01:33:02.720 --> 01:33:11.720]  Okay, I want to thank Eddie, but my question is, I want to rescind my driver's license, inspection, all that stuff
[01:33:11.720 --> 01:33:18.720]  I want to rescind it back, now, I've just only been listing since, about a month, and I've been going through the archives
[01:33:18.720 --> 01:33:25.720]  In one archive, Eddie said something about a form 501 or 105
[01:33:25.720 --> 01:33:28.720]  Actually, Eddie didn't say that, Randy did
[01:33:28.720 --> 01:33:30.720]  Randy, okay, yeah, it was Randy, right
[01:33:30.720 --> 01:33:35.720]  That's a DOT form 150 and it doesn't rescind anything
[01:33:35.720 --> 01:33:45.720]  What it does is registers you with the Department of Transportation as a private operator not in commerce
[01:33:45.720 --> 01:33:52.720]  So, put that DOT number on your car, the cop has notice that you are not in commerce
[01:33:52.720 --> 01:33:54.720]  Okay, all right
[01:33:54.720 --> 01:33:58.720]  Now, let me give you a little heads up here
[01:33:58.720 --> 01:34:09.720]  If you intend to do this, you better do your homework before you do it, okay, because you are taking on a constant fight
[01:34:09.720 --> 01:34:18.720]  Every time you get stopped, I can almost guarantee you, arrest will follow, unless you know what you're doing
[01:34:18.720 --> 01:34:23.720]  I know that, I'm 69 years old, a Vietnam vet, and I am fighting
[01:34:23.720 --> 01:34:31.720]  Yeah, but fighting with your fists is not what we're doing here, you have to know the law and you have to know how to wield it
[01:34:31.720 --> 01:34:36.720]  You didn't survive in the bush or fight in the bush without knowing how to use your gun, right
[01:34:36.720 --> 01:34:37.720]  Right
[01:34:37.720 --> 01:34:42.720]  Well, you're going to have to learn the same thing about law to survive the fight you're getting in now
[01:34:42.720 --> 01:34:43.720]  I understand
[01:34:43.720 --> 01:35:00.720]  So, you've got the Code of Criminal Procedure at a minimum, you've got Chapter 543 of the Transportation Code, Chapter 14 of the Code of Criminal Procedure, 15 of the Code of Criminal Procedure, 16, 17, and 45, and Chapter 1 and Chapter 2
[01:35:00.720 --> 01:35:09.720]  Those are the bare minimum chapters you must know like the back of your hand in order for you to survive a fight in court
[01:35:09.720 --> 01:35:12.720]  Thank you
[01:35:12.720 --> 01:35:20.720]  You must know every rule they're required to abide by and exactly which ones they're breaking and when they break them
[01:35:20.720 --> 01:35:22.720]  Okay
[01:35:22.720 --> 01:35:30.720]  And this will go right alongside reading case law and everything else to support your position on those issues
[01:35:30.720 --> 01:35:32.720]  It's a never-ending homework cycle
[01:35:32.720 --> 01:35:38.720]  If you notice, I have new stuff to talk about every time we're on this show because I can't quit reading
[01:35:38.720 --> 01:35:46.720]  It changes too fast or there's something new coming in or there's a better argument to be made and I'm looking for the way to make it
[01:35:46.720 --> 01:35:49.720]  Good. I have your course
[01:35:49.720 --> 01:35:56.720]  Well, good. Thank you very much for getting it and I hope it helps you as much as I hope it's helped everybody that's gotten it
[01:35:56.720 --> 01:35:59.720]  Oh, thank you. You guys are great
[01:35:59.720 --> 01:36:09.720]  But now as far as rescinding your driver's license goes, that's a simple matter of you simply go down to the DPS
[01:36:09.720 --> 01:36:18.720]  You make very certain that you give it back to them and that they sign something or you send them a certified mail return receipt requested
[01:36:18.720 --> 01:36:26.720]  Notarized document stating that this license is not suspended, it is not revoked
[01:36:26.720 --> 01:36:34.720]  It is released and returned by you as the holder of that license
[01:36:34.720 --> 01:36:43.720]  What about another person that's driving the automobile with the license tags really rescinded?
[01:36:43.720 --> 01:36:47.720]  What about? Did they send the plates back?
[01:36:47.720 --> 01:36:54.720]  If I send the plates back and everything and my girlfriend is driving the car and she gets the ticket, what do I do now?
[01:36:54.720 --> 01:36:58.720]  You mean after you get her out of jail and she beats you up?
[01:36:58.720 --> 01:37:01.720]  Absolutely. She's ready to beat me up now for just...
[01:37:01.720 --> 01:37:08.720]  The problem here is this, you can't do anything except help walk her through the process. She's still the one that has to fight
[01:37:08.720 --> 01:37:09.720]  Okay
[01:37:09.720 --> 01:37:13.720]  I'm going to suggest there's another way to do this
[01:37:13.720 --> 01:37:24.720]  I have my license and I'm plated. I can operate my vehicle in commerce if I want to
[01:37:24.720 --> 01:37:33.720]  But if a police officer stops me and I'm not operating my vehicle in commerce, we're going to fight
[01:37:33.720 --> 01:37:44.720]  But I'm not going to jail in the meantime. An example I use and I got this from Gary Lofty in San Antonio and I appreciate it
[01:37:44.720 --> 01:37:55.720]  I was stopped here and for some reason the officer asked me for proof of insurance registration ID
[01:37:55.720 --> 01:37:59.720]  He didn't say driver's license so I gave him my ID. I've got a Texas ID
[01:37:59.720 --> 01:38:05.720]  It looks just exactly like a driver's license except instead of TX in front of the number it's got DL
[01:38:05.720 --> 01:38:11.720]  I mean it's got ID. I'm sorry instead of DL it's got ID
[01:38:11.720 --> 01:38:19.720]  He came back and he said Mr. Kelton, this is a Texas ID identification. I said yes it is
[01:38:19.720 --> 01:38:27.720]  Do you have a Texas driver's license? I said yes I do but I'm not using it right now
[01:38:27.720 --> 01:38:34.720]  And he said Mr. Kelton, are you one of those guys? Yes I am
[01:38:34.720 --> 01:38:37.720]  Here have a nice day. Get out of here
[01:38:37.720 --> 01:38:41.720]  He had apparently been through the fight and didn't want to go back
[01:38:41.720 --> 01:38:48.720]  But the point is you can have a driver's license. You don't have to rescind it
[01:38:48.720 --> 01:38:55.720]  And you can still fight them just as well except you don't have to fight them from behind bars
[01:38:55.720 --> 01:39:05.720]  And you don't necessarily engage other people in the fight who are not necessarily interested in getting in the fight
[01:39:05.720 --> 01:39:09.720]  Sounds good. I'm not going to give up
[01:39:09.720 --> 01:39:15.720]  Well I'm not either. We're going to have ourselves a fight
[01:39:15.720 --> 01:39:16.720]  You bet. I'm with you
[01:39:16.720 --> 01:39:20.720]  They gave me some tickets and we're going to fight
[01:39:20.720 --> 01:39:24.720]  Sounds great. Oh yeah I know that
[01:39:24.720 --> 01:39:26.720]  Thank you guys. I appreciate it
[01:39:26.720 --> 01:39:28.720]  Alright thanks Jim
[01:39:28.720 --> 01:39:33.720]  Okay we are going on now. We've got Chad in Texas. He's been holding for a long time
[01:39:33.720 --> 01:39:37.720]  Chad, thank you for calling in. What is on your mind tonight?
[01:39:37.720 --> 01:39:43.720]  Hey guys, is the code chroma procedure legally considered one single statute?
[01:39:43.720 --> 01:39:45.720]  No
[01:39:45.720 --> 01:39:53.720]  Everything in it is an individual statute. Your proper question would be is it considered one single enactment?
[01:39:53.720 --> 01:39:55.720]  Enactment, okay
[01:39:55.720 --> 01:40:02.720]  Okay and the original statutes, no it is not. It is a multiple set of enactments
[01:40:02.720 --> 01:40:08.720]  The revised, recodified version was put into place as a single enactment
[01:40:08.720 --> 01:40:19.720]  But that appears to be in direct violation of the Texas constitutional requirements of how an amended or revised act must be published
[01:40:19.720 --> 01:40:21.720]  Article and section please
[01:40:21.720 --> 01:40:25.720]  Okay these are not acts. These are not laws
[01:40:25.720 --> 01:40:30.720]  These are prima facie evidence of laws
[01:40:30.720 --> 01:40:39.720]  Well I'm talking about the actual legislative enactments though that these codes are made from. I'm not talking about the code itself
[01:40:39.720 --> 01:40:48.720]  The codes, the statutes within the code, they're prima facie evidence of a public law
[01:40:48.720 --> 01:40:53.720]  Each one is prima facie evidence of a public law
[01:40:53.720 --> 01:40:59.720]  But the public laws aren't passed all at the same time and all in order
[01:40:59.720 --> 01:41:04.720]  A public law is passed when the issue comes up
[01:41:04.720 --> 01:41:08.720]  So you wind up with all these thousands of public laws
[01:41:08.720 --> 01:41:16.720]  And they're kind of mixed in with one another so the legislature got together and said this makes things kind of hard to sort out
[01:41:16.720 --> 01:41:29.720]  So they contracted with some publishers to go through the public laws and sort out the laws into logical contexts
[01:41:29.720 --> 01:41:32.720]  And they called those codes
[01:41:32.720 --> 01:41:37.720]  So you could find all the public laws on a given subject in one code book
[01:41:37.720 --> 01:41:41.720]  But what you found in the code book was not the law
[01:41:41.720 --> 01:41:47.720]  It was prima facie evidence that that law exists as a legislative enactment
[01:41:47.720 --> 01:41:59.720]  Well Randy, what about the fact that underneath every other paragraph or so in the code it lists the specific law that was enacted and the date
[01:41:59.720 --> 01:42:07.720]  Well that just tells you what legislature enacted the original bill that became law upon which the code is based, that section of code is based
[01:42:07.720 --> 01:42:13.720]  Yeah, that points you to the public law that this is prima facie evidence of
[01:42:13.720 --> 01:42:21.720]  And to the degree that this does not accurately reflect the public law, the public law of governance
[01:42:21.720 --> 01:42:33.720]  And that was the point, that was what Eddie was talking about earlier when he went back through the earlier enactments and the earlier code that went back to the original intent of the legislature
[01:42:33.720 --> 01:42:41.720]  It's important to keep that in mind that these codes are simply codes that reflect the public law
[01:42:41.720 --> 01:42:49.720]  And this is done, you know, all the states do this and the fed is the same way, all of the codes reflect the national register
[01:42:49.720 --> 01:42:52.720]  National register is like 35,000 pages
[01:42:52.720 --> 01:42:55.720]  Try to figure out what the law is from that
[01:42:55.720 --> 01:42:58.720]  So they've broken it out into code
[01:42:58.720 --> 01:43:11.720]  But we have to watch the code because that's a really sleazy way for the legislators and the lobbyists to get the law changed without actually changing the law
[01:43:11.720 --> 01:43:17.720]  They just make adjustments in the code, like Eddie's talking about these 10 people changed everything
[01:43:17.720 --> 01:43:22.720]  Now the code doesn't accurately reflect the public laws
[01:43:22.720 --> 01:43:29.720]  So to answer your question, the code, it may be an enactment, but it is not the law
[01:43:29.720 --> 01:43:33.720]  Okay, is jurisdiction an element of a crime?
[01:43:33.720 --> 01:43:34.720]  No
[01:43:34.720 --> 01:43:40.720]  It's not an element of the crime, but it's a requisite for the court to hear the case involving the act
[01:43:40.720 --> 01:43:45.720]  So they don't have to support that claim if it's questioned?
[01:43:45.720 --> 01:43:47.720]  Yes, they absolutely do
[01:43:47.720 --> 01:43:51.720]  They do, they're required to prove jurisdiction when it's challenged from the case law
[01:43:51.720 --> 01:43:55.720]  Chad, hang on the line, once jurisdiction is challenged, it must be proven
[01:43:55.720 --> 01:44:00.720]  We'll be back on the other side, just stay on the line, Chad
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[01:46:00.720 --> 01:46:12.720]  Weapon of Karma is lurking around the corner, you better watch your fingers to tell me what to take
[01:46:12.720 --> 01:46:26.720]  I'm good in trying to follow you down the drain, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah
[01:46:26.720 --> 01:46:31.720]  I'm good in trying to follow you down the drain, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah
[01:46:31.720 --> 01:46:37.720]  As we slow, slow shall we read
[01:46:37.720 --> 01:46:44.720]  The words of nutrition from so many groups of words can put on a whole other page
[01:46:44.720 --> 01:46:51.720]  Try as we will, turn small steps into giant
[01:46:51.720 --> 01:46:56.720]  But what goes around comes around
[01:46:56.720 --> 01:47:00.720]  As we slow, slow shall we read
[01:47:00.720 --> 01:47:06.720]  Everybody listen to this song
[01:47:06.720 --> 01:47:11.720]  The karma is lurking around the corner
[01:47:11.720 --> 01:47:17.720]  Maybe they're not supposed to, not supposed to neither
[01:47:17.720 --> 01:47:25.720]  One by one we friend, tell everybody, pass on the words of al-Mahdi
[01:47:25.720 --> 01:47:30.720]  Alright folks, we are back, we're speaking with Chad in Texas right now
[01:47:30.720 --> 01:47:34.720]  And Chad, you were asking about challenging jurisdiction, yes, they have to prove it up
[01:47:34.720 --> 01:47:38.720]  And Eddie, you were going to make a comment also?
[01:47:38.720 --> 01:47:43.720]  Yeah, well, I mean, that's what I was saying when we went off the air was that they have to prove it up
[01:47:43.720 --> 01:47:48.720]  There's tons of case law that says that once jurisdiction is challenged it must be proven
[01:47:48.720 --> 01:47:52.720]  And there are specific ways it must be proven
[01:47:52.720 --> 01:47:57.720]  Is there specific ways it must be challenged or is asking a question about what
[01:47:57.720 --> 01:48:02.720]  Well, you have to show why the court does not have jurisdiction
[01:48:02.720 --> 01:48:08.720]  There has to be a matter of law as to why they lack it
[01:48:08.720 --> 01:48:13.720]  There's two sides to jurisdiction, subject matter and personal
[01:48:13.720 --> 01:48:17.720]  Okay, they must have both
[01:48:17.720 --> 01:48:22.720]  You can waive personal, but you cannot waive subject matter
[01:48:22.720 --> 01:48:26.720]  Wouldn't you have to make a claim though, then you would have to support your claim
[01:48:26.720 --> 01:48:27.720]  I want to leave the burden
[01:48:27.720 --> 01:48:29.720]  Wait, wait, wait, wait, make a claim what?
[01:48:29.720 --> 01:48:33.720]  A claim that certain laws apply or don't apply
[01:48:33.720 --> 01:48:36.720]  You're not claiming anything about what applies to you
[01:48:36.720 --> 01:48:41.720]  You're claiming why the court does not have jurisdiction to hear the case
[01:48:41.720 --> 01:48:44.720]  You're not going to the merits of the case
[01:48:44.720 --> 01:48:46.720]  Two different things here
[01:48:46.720 --> 01:48:51.720]  I want to do away with what I think their argument is
[01:48:51.720 --> 01:48:55.720]  The theory of law that I think they're operating on by going to the Constitution
[01:48:55.720 --> 01:49:01.720]  And saying that their interpretation of an article of the Code of Criminal Procedure does not apply
[01:49:01.720 --> 01:49:07.720]  What code? What part of the Code of Criminal Procedure does not apply?
[01:49:07.720 --> 01:49:09.720]  Their interpretation
[01:49:09.720 --> 01:49:14.720]  Again, their interpretation of which part?
[01:49:14.720 --> 01:49:22.720]  Where it talks about a complaint in Chapter 45, talks about a complaint charging the Commission of Assent
[01:49:22.720 --> 01:49:29.720]  What we're going to hear is specificity, you have to be very specific
[01:49:29.720 --> 01:49:35.720]  Okay, well I asked them what law they're relying on to claim that the complaint vets the jurisdiction with the court
[01:49:35.720 --> 01:49:37.720]  And they said only Code of Criminal Procedure
[01:49:37.720 --> 01:49:41.720]  I said what article? And they said we're not required to say
[01:49:41.720 --> 01:49:43.720]  Well, they're lying
[01:49:43.720 --> 01:49:46.720]  Okay, here's the problem with jurisdiction on complaint alone
[01:49:46.720 --> 01:49:50.720]  There are two portions of the Code that they rely on
[01:49:50.720 --> 01:49:59.720]  They rely on Chapter 45 and then they rely on 27.14D as in Delta
[01:49:59.720 --> 01:50:08.720]  All that Chapter 45 does is specify what the requisites or the construction of a complaint is
[01:50:08.720 --> 01:50:12.720]  What it must contain in order to be valid
[01:50:12.720 --> 01:50:22.720]  27.14D is where it says that if the defendant enters a plea of not guilty
[01:50:22.720 --> 01:50:27.720]  Then they must actually create a complaint from the citation
[01:50:27.720 --> 01:50:35.720]  That's a fallacy, they can't do that, it's not allowed anywhere in the Code of Criminal Procedure or the State Constitution
[01:50:35.720 --> 01:50:46.720]  27.14D on its face is unconstitutional because the court is attempting to exercise a jurisdiction to accept a plea
[01:50:46.720 --> 01:50:53.720]  Enter a plea and make a decision in a case for which no complaint or charging instrument exists
[01:50:53.720 --> 01:50:57.720]  Therefore the court lacks any and all subject matter jurisdiction
[01:50:57.720 --> 01:51:01.720]  No ifs, no ands, no buts
[01:51:01.720 --> 01:51:06.720]  But what about the argument that you're pleading into it if you plead guilty or not guilty
[01:51:06.720 --> 01:51:10.720]  You can't plea into subject matter jurisdiction
[01:51:10.720 --> 01:51:13.720]  They either have it by law or they don't
[01:51:13.720 --> 01:51:15.720]  Okay, question
[01:51:15.720 --> 01:51:20.720]  How about if I sit as the judge in your case for you?
[01:51:20.720 --> 01:51:21.720]  Okay
[01:51:21.720 --> 01:51:23.720]  You agree?
[01:51:23.720 --> 01:51:24.720]  Sure
[01:51:24.720 --> 01:51:25.720]  Now
[01:51:25.720 --> 01:51:28.720]  I probably have a lot more of a fair trial in that case
[01:51:28.720 --> 01:51:32.720]  Does that give me authority to act as a judge?
[01:51:32.720 --> 01:51:33.720]  No
[01:51:33.720 --> 01:51:41.720]  What can you do to give me authority to act as a judge?
[01:51:41.720 --> 01:51:42.720]  Right
[01:51:42.720 --> 01:51:43.720]  Nothing
[01:51:43.720 --> 01:51:53.720]  If that judge does not have subject matter jurisdiction there is nothing you can do to give it to him
[01:51:53.720 --> 01:52:02.720]  Now there's a patriot myth out there that if you don't hold your right eyebrow up slightly above your left
[01:52:02.720 --> 01:52:07.720]  and crinkle down the left side of your mouth and stand on one foot and squawk like a chicken
[01:52:07.720 --> 01:52:08.720]  you give him jurisdiction
[01:52:08.720 --> 01:52:13.720]  It is absolutely horse hockey
[01:52:13.720 --> 01:52:20.720]  If the court does not have subject matter jurisdiction there is nothing you can do to give it to him
[01:52:20.720 --> 01:52:25.720]  Okay, but if you file your motion to dismiss the lack of subject matter jurisdiction
[01:52:25.720 --> 01:52:27.720]  then you have to give some grounds for it
[01:52:27.720 --> 01:52:28.720]  Exactly
[01:52:28.720 --> 01:52:30.720]  You're making a claim
[01:52:30.720 --> 01:52:31.720]  Yes
[01:52:31.720 --> 01:52:32.720]  That's right
[01:52:32.720 --> 01:52:35.720]  But that's exactly what I just gave you was grounds
[01:52:35.720 --> 01:52:37.720]  The argument I just made is grounds
[01:52:37.720 --> 01:52:40.720]  I think he's going to something else
[01:52:40.720 --> 01:52:41.720]  You have to make a claim
[01:52:41.720 --> 01:52:45.720]  You're required to support your claim because they're going to deny it
[01:52:45.720 --> 01:52:49.720]  Okay, well what's the problem with making a claim?
[01:52:49.720 --> 01:52:53.720]  Because then you're obliged to defend it and I want to leave the burden of proof on them
[01:52:53.720 --> 01:52:56.720]  The burden of proof doesn't shift
[01:52:56.720 --> 01:53:00.720]  Again, you're talking about the burden of proof of the merits
[01:53:00.720 --> 01:53:06.720]  Hold on, what we're dealing here with is an unstated presupposition
[01:53:06.720 --> 01:53:12.720]  A basic rule of argumentation is that the one who makes the claim, if it's challenged, they're obliged to defend it
[01:53:12.720 --> 01:53:17.720]  Exactly, so what we're going to is how you go about challenging
[01:53:17.720 --> 01:53:19.720]  Okay
[01:53:19.720 --> 01:53:24.720]  And the way you challenge is to make a claim that the challenge is invalid
[01:53:24.720 --> 01:53:28.720]  You do it with a counterclaim
[01:53:28.720 --> 01:53:31.720]  Okay
[01:53:31.720 --> 01:53:39.720]  And somebody is apparently telling you that if you make a claim somehow you come into jurisdiction
[01:53:39.720 --> 01:53:50.720]  No, I'm just saying if I make a claim as to what the interpretation of a certain part of the Constitution versus a certain part of the Code of Criminal Procedure is
[01:53:50.720 --> 01:53:56.720]  Then they could deny that and say that my legal opinion on that is worthless
[01:53:56.720 --> 01:53:58.720]  Not if you support it with case law
[01:53:58.720 --> 01:54:12.720]  Okay, understand this part, what you do in the trial court is you put the facts and the law before the court in order to prepare the record for appeal
[01:54:12.720 --> 01:54:20.720]  In the end you don't care what the trial court does, everything is about appeal
[01:54:20.720 --> 01:54:27.720]  So we know the trial courts are absolutely corrupt
[01:54:27.720 --> 01:54:32.720]  So there's no way I can make them tell me what article that they're relying on
[01:54:32.720 --> 01:54:40.720]  No, all you can do is bring the law in their face and get them to ignore it, then you get to take them on in the court of appeals
[01:54:40.720 --> 01:54:42.720]  This is a municipal court, right?
[01:54:42.720 --> 01:54:43.720]  Right
[01:54:43.720 --> 01:54:57.720]  They are relying on 45.01 which was rescinded in 1999, it was rescinded, it's no longer valid
[01:54:57.720 --> 01:55:08.720]  There is nothing in Chapter 45 giving them authority to proceed upon complaint alone, the closest thing to that now is 27.14 D as in Delta
[01:55:08.720 --> 01:55:09.720]  Okay
[01:55:09.720 --> 01:55:17.720]  And it is unconstitutional for exactly the reasons I said a moment ago
[01:55:17.720 --> 01:55:23.720]  Well there's nothing explicitly in Chapter 45 that says a complaint is a charging instrument
[01:55:23.720 --> 01:55:28.720]  It's not a charging instrument, the state constitution says explicitly that it is not a charging instrument
[01:55:28.720 --> 01:55:31.720]  Article 5, Section 12, Bravo
[01:55:31.720 --> 01:55:43.720]  Well I think you're making a slight leap there and I'm not saying that it's unjustified but you're still taking a step beyond what the constitution actually says
[01:55:43.720 --> 01:55:44.720]  How so?
[01:55:44.720 --> 01:55:52.720]  Excuse me, it doesn't say that a complaint is not a charging instrument, it just doesn't include it in the discussion of
[01:55:52.720 --> 01:55:59.720]  That's correct and if it's not in the constitution it's not an authorized act for the purpose the constitution sets up
[01:55:59.720 --> 01:56:03.720]  If it's not included in that list then it's excluded from the list
[01:56:03.720 --> 01:56:13.720]  The constitution specifically states that an indictment or an information vests the court with jurisdiction of the cause, does it not?
[01:56:13.720 --> 01:56:14.720]  It does
[01:56:14.720 --> 01:56:18.720]  That's all there is then, there is nothing else
[01:56:18.720 --> 01:56:30.720]  And also I wanted to add something else too and I hope that Aaron, one of my friends calls in from College Station, he wanted to report his fight with his traffic ticket
[01:56:30.720 --> 01:56:39.720]  One of the bases that he's challenging on is this exact issue that there's no complaint, there's no information, the citation is not an adequate charging instrument
[01:56:39.720 --> 01:56:56.720]  And he got it on tape or on his digital recorder in the courtroom, the prosecutor admitted in open court, he said yes your honor, the defendant is correct, the citation is not sufficient charging instrument
[01:56:56.720 --> 01:56:58.720]  There has to be a complaint information
[01:56:58.720 --> 01:57:04.720]  Okay so now we've got a municipal prosecutor that has admitted this in open court in College Station
[01:57:04.720 --> 01:57:06.720]  The problem with that is
[01:57:06.720 --> 01:57:19.720]  I was looking in the local court rule and it said that you're not allowed to record in there or something like that, how would that affect that being
[01:57:19.720 --> 01:57:27.720]  It doesn't matter, it was a court of record, there was a transcriber anyway, I'm just saying he got it on tape
[01:57:27.720 --> 01:57:29.720]  I don't want to argue about that, that's not the point
[01:57:29.720 --> 01:57:36.720]  The point is the prosecutor admitted in open court that the citation is not a valid charging instrument, that's the topic
[01:57:36.720 --> 01:57:41.720]  Okay here's how you do it, you never bring up the recording
[01:57:41.720 --> 01:57:42.720]  Right
[01:57:42.720 --> 01:57:44.720]  You transcribe the recording
[01:57:44.720 --> 01:57:46.720]  But you remembered it
[01:57:46.720 --> 01:57:49.720]  No, I transcribed it from the recording
[01:57:49.720 --> 01:57:52.720]  You make the recording and then you go back and write it all out
[01:57:52.720 --> 01:58:07.720]  But even so it was still a court of record that we're getting off topic here, the whole point is that the prosecutor admitted that the citation is not a proper charging instrument, that there has to be information
[01:58:07.720 --> 01:58:13.720]  And that is true, but the complaint also is not a valid charging instrument, not even in municipal court
[01:58:13.720 --> 01:58:14.720]  Right
[01:58:14.720 --> 01:58:19.720]  Unless the charge relates to a city ordinance, in which case it wouldn't apply to you anyway
[01:58:19.720 --> 01:58:27.720]  The complaint only gives a magistrate jurisdiction to hold an examining trial and he must issue a warrant and an order under 1617
[01:58:27.720 --> 01:58:30.720]  Is there a case law on that?
[01:58:30.720 --> 01:58:34.720]  I've got statute on that
[01:58:34.720 --> 01:58:38.720]  Statute always overrides case law
[01:58:38.720 --> 01:58:41.720]  Okay Chad, thanks for calling in
[01:58:41.720 --> 01:58:42.720]  Okay, thank you
[01:58:42.720 --> 01:58:49.720]  Okay, alright, when we get back we're going to continue on, we've got Joe from Texas the first time caller and more on the line
[01:58:49.720 --> 01:58:59.720]  We're at our mid show break here, we're two hours into our four hour info marathon here on the rule of law, ruleoflawradio.com
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