ROL_2011-01-31_16k.timecode

[00:00.000 --> 00:04.480]  This news brief brought to you by the International News Net.
[00:04.480 --> 00:10.240]  Guantanamo detainees have been holding daily peaceful protests against the jail's continued existence
[00:10.240 --> 00:13.760]  despite pledges from Barack Obama to shut it down.
[00:13.760 --> 00:16.640]  The protests have been going on for the past 13 days
[00:16.640 --> 00:22.720]  to mark the ninth anniversary of the prison that still holds 173 men.
[00:22.720 --> 00:30.240]  Myanmar convened a new 600-person parliament Monday for the first time in nearly 50 years military rule,
[00:30.240 --> 00:36.400]  but the junta's grip on government remains pervasive as reporters and other observers were kept away.
[00:36.400 --> 00:40.480]  A quarter of seats in the upper and lower houses are military appointees.
[00:40.480 --> 00:45.600]  Lawmakers were forbidden from bringing cameras, mobile phones and recording devices to parliament,
[00:45.600 --> 00:49.360]  a sign nothing had really changed.
[00:49.360 --> 00:55.600]  Naros, a US company, sold Egypt technology to monitor internet and mobile phone traffic
[00:55.600 --> 01:00.480]  that is likely being used to crack down on communications as protests sweep the country.
[01:00.480 --> 01:07.200]  The company also created Naros Insight, a supercomputer system used by the National Security Agency
[01:07.200 --> 01:11.200]  for mass surveillance and monitoring emails.
[01:11.200 --> 01:18.080]  The Washington Post says Pakistan's nuclear arsenal now totals more than 100 deployed weapons,
[01:18.080 --> 01:20.960]  double its stockpile of the past several years.
[01:20.960 --> 01:23.600]  According to estimates by non-government analysts,
[01:23.600 --> 01:27.600]  Pakistan has accelerated production of uranium and plutonium
[01:27.600 --> 01:30.960]  for bombs and developed new weapons to deliver them.
[01:30.960 --> 01:37.600]  Experts say after years of weapons parity, Pakistan is now ahead of India, its nuclear armed rival.
[01:37.600 --> 01:43.680]  An escalation of the arms race in South Asia poses a dilemma for the Obama administration,
[01:43.680 --> 01:47.760]  which has worked to improve economic, political and defense ties with India
[01:47.760 --> 01:55.280]  while seeking to deepen its relationship with Pakistan as a crucial ally in the Afghanistan war.
[01:55.280 --> 01:58.960]  Last week, protests erupted in Yemen, Jordan and Egypt
[01:58.960 --> 02:03.280]  following the uprising in Tunisia earlier this month that was the catalyst.
[02:03.280 --> 02:05.920]  Egypt was the first to follow Tunisia's lead,
[02:05.920 --> 02:08.800]  staging youth-led protests across the country,
[02:08.800 --> 02:13.520]  drawing hundreds of thousands to challenge Hosni Mubarak's 30-year rule.
[02:13.520 --> 02:18.320]  In Tunis Friday, protesters gathered outside the Egyptian embassy in solidarity,
[02:18.320 --> 02:20.800]  offering this advice to Egyptians.
[02:20.800 --> 02:25.120]  Protest at night, wear plastic bags to avoid electric shocks,
[02:25.120 --> 02:29.520]  wash your face with Coca-Cola to fend off the effects of tear gas
[02:29.520 --> 02:33.120]  and spray black paint on the windshields of police vehicles.
[02:33.120 --> 02:36.400]  Leith Shibulat, a veteran Jordanian dissident said,
[02:36.400 --> 02:39.200]  people want their freedom, people want their bread,
[02:39.200 --> 02:43.120]  people want to stop these lousy dictators from looting their countries.
[02:43.120 --> 02:47.680]  80 years ago, Tunisian poet Abdul Kazim al-Shabi wrote,
[02:47.680 --> 02:52.960]  if one day a people desires to live, then fate will answer their call
[02:52.960 --> 03:22.080]  and their night will then begin to fade and their chains break and fall.
[03:22.960 --> 03:50.560]  Bad boys, bad boys, whatcha gonna do?
[03:50.560 --> 03:54.080]  Whatcha gonna do, whatcha gonna do when they come for you?
[03:54.080 --> 03:55.120]  Bad boys, bad boys, whatcha gonna do?
[03:55.120 --> 03:56.240]  All right, folks, good evening.
[03:56.240 --> 03:57.760]  This is Rule of Law Radio.
[03:57.760 --> 04:01.680]  It is Monday night, January 31st, 2011.
[04:02.800 --> 04:05.360]  Tonight, we're gonna be going over some of the things
[04:05.360 --> 04:10.080]  that we have discovered in the TMCEC training material
[04:10.080 --> 04:13.520]  for the magistrates, prosecutors, and clerks of the court.
[04:14.560 --> 04:17.680]  Now, those of you who have been listening to the show for the last couple weeks
[04:17.680 --> 04:21.040]  and been to the seminars for the last couple of weekends
[04:21.040 --> 04:24.160]  have heard me talk about how the clerk of the court
[04:24.160 --> 04:26.720]  in the larger cities, especially such as Austin,
[04:27.360 --> 04:30.480]  is the one that is generating the criminal complaint
[04:30.480 --> 04:34.320]  or at least they are the one that is signing it as the affiant.
[04:35.280 --> 04:38.880]  Now, this is some information that we were going through today,
[04:38.880 --> 04:41.280]  Tim and I, when we were discussing this.
[04:41.840 --> 04:44.640]  And let me read you some of the information
[04:44.640 --> 04:49.280]  that the clerks are taught by the TMCEC
[04:49.920 --> 04:51.920]  while they're going through their training session.
[04:53.280 --> 04:55.120]  Now, what this particular book is,
[04:55.120 --> 04:59.280]  is this is the Clerk Section 1 Overview with Changes.
[05:00.240 --> 05:03.360]  Now, in this, it's broken into several sections.
[05:03.360 --> 05:07.680]  And in one of these sections is titled City Attorneys and Prosecutors.
[05:07.680 --> 05:10.560]  And what I'm gonna do is I'm gonna read you what they have here.
[05:10.560 --> 05:14.560]  And then we're going to discuss how this meshes with what I've been arguing
[05:15.600 --> 05:17.040]  that they're not allowed to do.
[05:18.560 --> 05:22.080]  The section entitled City Attorneys and Prosecutors.
[05:22.080 --> 05:24.240]  The municipal court and the city attorney
[05:24.240 --> 05:27.280]  interact during the prosecution of criminal cases.
[05:27.840 --> 05:30.240]  The city attorney or a deputy city attorney
[05:30.240 --> 05:34.560]  has a duty to prosecute the state's case in municipal court.
[05:35.520 --> 05:38.960]  Close coordination with the city attorney's office is necessary,
[05:38.960 --> 05:41.760]  particularly in the scheduling and reviewing of cases
[05:41.760 --> 05:44.240]  and the preparing and reviewing of complaints.
[05:45.120 --> 05:48.640]  The prosecutor decides which complaints should be filed.
[05:49.040 --> 05:51.200]  The city attorney, not the judge,
[05:51.200 --> 05:55.680]  should advise and direct peace officers in preparing criminal cases.
[05:56.000 --> 06:00.720]  The court must remain apart from investigating or filing cases
[06:01.040 --> 06:05.360]  to preserve impartiality for judging the evidence presented at trial.
[06:05.360 --> 06:07.200]  Now, pay close attention to that.
[06:07.200 --> 06:13.120]  The court must remain apart from investigating or filing cases.
[06:14.160 --> 06:18.480]  The filing of a case constitutes the filing of a complaint
[06:19.840 --> 06:22.960]  because that is what initiates the case.
[06:24.160 --> 06:25.680]  So pay attention to that.
[06:27.040 --> 06:29.120]  Now the section titled Police.
[06:29.840 --> 06:32.320]  The role of the police is to keep the peace
[06:32.320 --> 06:34.960]  by apprehending persons who commit crimes.
[06:34.960 --> 06:38.640]  Law enforcement is part of the executive branch of government
[06:38.640 --> 06:41.360]  and should be educated in the constitutional rights
[06:41.360 --> 06:45.440]  guaranteed to all citizens, even those accused of crimes.
[06:46.160 --> 06:49.280]  Police officers may look to the city attorney for advice
[06:49.280 --> 06:52.160]  in investigating and preparing for criminal cases.
[06:52.880 --> 06:57.200]  Well, fat chance they would get a legal answer that is correct
[06:57.200 --> 06:59.920]  because the attorneys themselves don't know.
[07:01.040 --> 07:02.320]  But I digress.
[07:02.320 --> 07:06.880]  In cities where the municipal court clerk also serves as police dispatcher
[07:07.280 --> 07:11.280]  and where the offices of the court are located in the same building
[07:11.280 --> 07:15.040]  as the police department, conflict is possible.
[07:15.840 --> 07:21.680]  Judges, clerks, and police departments must exercise great care
[07:21.680 --> 07:24.400]  to honor the separateness of each department.
[07:25.120 --> 07:28.960]  Intermingling creates the appearance of impropriety,
[07:28.960 --> 07:33.760]  if not actual impropriety, and adversely affects
[07:33.760 --> 07:36.880]  public perceptions of both offices.
[07:36.880 --> 07:37.680]  No kidding.
[07:38.560 --> 07:41.520]  Keeping entirely separate, on the other hand,
[07:41.520 --> 07:45.360]  enhances the integrity and impartiality of the court
[07:45.360 --> 07:48.320]  as well as the integrity of the police department.
[07:49.280 --> 07:53.280]  A more serious difficulty occurs when the judge or clerk
[07:53.280 --> 07:57.120]  fraternizes with the police officers who will be telling the police
[07:57.120 --> 08:00.240]  with the police officers who will be testifying in court.
[08:01.280 --> 08:04.800]  In order to maintain independence and impartiality,
[08:05.360 --> 08:08.960]  neither the judge nor the clerk should ever discuss
[08:08.960 --> 08:13.120]  any case with a police officer outside the courtroom.
[08:14.000 --> 08:19.040]  Preferred practice is to assign each officer specific court days
[08:19.040 --> 08:22.320]  in order to minimize each officer's time in court,
[08:22.880 --> 08:26.080]  thereby freeing the officer for regular police duties.
[08:26.080 --> 08:30.000]  The failure of the complaining witness to appear when subpoenaed
[08:30.000 --> 08:33.920]  to testify usually results in dismissal of the case.
[08:34.880 --> 08:36.960]  Police officers are no different.
[08:37.760 --> 08:41.440]  Any witness who fails to appear when subpoenaed may be picked up
[08:41.440 --> 08:43.360]  and brought to court with an attachment
[08:43.360 --> 08:45.600]  and may be found in contempt of court.
[08:46.400 --> 08:51.200]  Articles 24.05 and 24.12, Code of Criminal Procedure,
[08:51.200 --> 08:56.400]  and Section 21.002C, Government Code.
[08:57.360 --> 09:01.760]  One possibility for cooperation between the police and prosecutor
[09:01.760 --> 09:04.720]  is in cases involving citizens' complaints.
[09:05.600 --> 09:06.880]  Now, you're going to love this.
[09:06.880 --> 09:09.360]  This is what Randy and I tried to do.
[09:09.360 --> 09:11.920]  This is what the law says they're supposed to do,
[09:11.920 --> 09:15.040]  and this is exactly what they refused to do.
[09:16.320 --> 09:18.800]  When citizens wish to present complaints
[09:18.800 --> 09:22.800]  or to file criminal charges, those citizens should go
[09:22.800 --> 09:27.200]  to the police department or the prosecutor,
[09:28.560 --> 09:30.800]  but not directly to the court.
[09:30.800 --> 09:32.400]  Ain't wrong answer.
[09:33.920 --> 09:36.960]  The police have the power and duty to investigate
[09:36.960 --> 09:41.440]  which the court lacks and may make a professional determination
[09:41.440 --> 09:44.960]  of whether or not to recommend the filing of criminal charges.
[09:44.960 --> 09:48.000]  This procedure keeps the court from becoming embroiled
[09:48.000 --> 09:51.840]  in controversy or stepping outside the judicial boundaries.
[09:52.720 --> 09:55.040]  It also preserves the court's impartiality
[09:55.040 --> 09:57.360]  for cases that result in trial.
[09:58.560 --> 10:00.960]  Well, quick discussion on this paragraph.
[10:00.960 --> 10:03.600]  The Code of Criminal Procedure and the laws of this state
[10:03.600 --> 10:09.600]  specifically allow anyone to take a criminal complaint
[10:09.600 --> 10:13.520]  to any magistrate who has given a specific complaint
[10:13.520 --> 10:16.000]  who has given a specific duty under law
[10:16.000 --> 10:17.920]  to do something with that complaint.
[10:19.440 --> 10:21.840]  No one is directed by Texas law
[10:21.840 --> 10:24.720]  to take it to a police agency of any kind.
[10:26.480 --> 10:29.520]  In fact, the law says that when it's taken
[10:29.520 --> 10:32.720]  to the attorney for the state, they will do this
[10:32.720 --> 10:34.080]  and they refuse to do it.
[10:34.080 --> 10:36.000]  And when it's taken to a magistrate,
[10:36.000 --> 10:38.720]  they will do this and they refuse to do it.
[10:38.720 --> 10:41.280]  So even though TMCEC is telling them
[10:41.280 --> 10:44.160]  these are the ways that it can and should work,
[10:44.880 --> 10:50.640]  these ways do not get enforced in accordance with law.
[10:50.640 --> 10:53.520]  They're not performed in accordance with law.
[10:54.160 --> 10:55.200]  They're ignored.
[10:55.680 --> 10:58.720]  In fact, they are avoided like the plague.
[11:01.360 --> 11:04.640]  What they want is for the police agency
[11:04.640 --> 11:08.880]  to say there's no reason to press criminal charges
[11:08.880 --> 11:13.600]  when in fact, the police agency has a vested interest
[11:13.600 --> 11:17.360]  in not returning that determination
[11:17.360 --> 11:19.600]  when it's one of their own that's accused
[11:20.240 --> 11:22.000]  or when it's another public servant
[11:22.000 --> 11:27.200]  that's above them in the chain of command that's accused.
[11:29.600 --> 11:32.640]  So as low man on the totem pole in that case,
[11:32.640 --> 11:35.120]  as low man on the totem pole in that regard,
[11:36.000 --> 11:37.840]  what are they gonna do other than go,
[11:37.840 --> 11:40.720]  oh, you're pressing charges against a public official.
[11:40.720 --> 11:43.120]  No, sorry, we don't find any problem with that.
[11:44.400 --> 11:44.880]  Why?
[11:44.880 --> 11:46.720]  Because we do the same thing.
[11:46.720 --> 11:48.640]  Why would we find a problem with that?
[11:49.600 --> 11:51.760]  And we find that we can do the same thing
[11:51.760 --> 11:54.000]  because those people you're accusing
[11:54.000 --> 11:56.000]  allow us to get away with it.
[11:56.000 --> 11:58.800]  We know it's wrong, but they're covering our butt.
[11:58.800 --> 12:02.320]  So we're not going after them even if they are doing wrong
[12:02.320 --> 12:03.840]  because they're covering our butt.
[12:05.680 --> 12:08.240]  Does anyone see a problem with this
[12:09.760 --> 12:11.120]  that's not in government?
[12:12.720 --> 12:15.520]  Because we know the government officials don't see any with it.
[12:17.520 --> 12:18.640]  Let's go a little further.
[12:19.680 --> 12:21.680]  Various city department officials
[12:21.680 --> 12:24.960]  may file code violation complaints in municipal court
[12:24.960 --> 12:28.560]  in addition to or in the absence of code enforcement officers.
[12:28.560 --> 12:31.200]  The acceptance of these complaints for prosecution
[12:31.200 --> 12:34.160]  is a matter for the prosecutor to determine, not the court.
[12:34.880 --> 12:38.480]  As in all cases, the court should remain impartial
[12:38.480 --> 12:40.880]  in hearing evidence in these cases.
[12:41.440 --> 12:43.600]  City employees are no more entitled
[12:43.600 --> 12:47.440]  to special consideration than our peace officers.
[12:49.200 --> 12:52.240]  This is the most hypocritical crap I've ever heard.
[12:54.640 --> 12:56.560]  This is what they teach this people
[12:56.560 --> 13:00.000]  and they promptly leave class and forget all about it
[13:02.000 --> 13:04.800]  and ignore it as if it's never been mentioned to them
[13:04.800 --> 13:06.000]  in their entire life.
[13:09.760 --> 13:11.840]  It's absolutely ridiculous.
[13:13.440 --> 13:17.440]  Now, let's consider how this has been working
[13:17.440 --> 13:19.680]  in theory from what we see.
[13:20.400 --> 13:23.360]  We just read that the clerk of the court and the magistrate
[13:23.360 --> 13:25.680]  are to remain separate from the public.
[13:25.680 --> 13:27.360]  Separate from the police department
[13:27.920 --> 13:31.200]  and from the prosecution as far as the issuance of these,
[13:31.200 --> 13:32.480]  the creation of the complaint
[13:33.920 --> 13:37.680]  and interfacing with these officers as witnesses
[13:37.680 --> 13:38.960]  and so on and so forth.
[13:40.320 --> 13:45.520]  So explain to me how the clerk of the court
[13:45.520 --> 13:48.640]  becomes the affiant on the criminal complaint
[13:48.640 --> 13:52.320]  unless one, they're getting the information
[13:52.320 --> 13:54.160]  directly from the police officer.
[13:54.160 --> 13:56.880]  Two, they're getting the information
[13:56.880 --> 13:58.400]  directly from a citation.
[13:59.200 --> 14:01.680]  Three, they're getting the information
[14:01.680 --> 14:03.440]  directly from a police report.
[14:04.240 --> 14:08.080]  Four, a combination of all of the above.
[14:09.360 --> 14:12.480]  Or five, they're getting it directly
[14:12.480 --> 14:16.560]  from the prosecuting attorney who creates the complaint
[14:16.560 --> 14:18.880]  but for some unknown reason,
[14:18.880 --> 14:20.240]  thanks to the clerk of the court,
[14:20.240 --> 14:22.480]  is the one that should be the affiant
[14:22.480 --> 14:24.880]  rather than the police officer
[14:24.880 --> 14:27.040]  that is the competent fact witness.
[14:30.720 --> 14:33.360]  So how did we get here from there?
[14:35.120 --> 14:38.960]  Why would a prosecuting attorney take a complaint
[14:38.960 --> 14:41.680]  back to someone that has no knowledge
[14:41.680 --> 14:43.440]  regarding that complaint
[14:43.440 --> 14:45.440]  and ask them to sign it
[14:45.440 --> 14:48.240]  as if they believe it is true and correct
[14:48.240 --> 14:50.880]  just because he brought it to them
[14:50.880 --> 14:52.640]  or he tells them to do it
[14:52.640 --> 14:54.160]  or he directs them to do it.
[14:54.880 --> 14:58.240]  And if he isn't, then we're back to the other options
[14:58.240 --> 14:59.840]  which we've already read,
[14:59.840 --> 15:02.400]  they're taught to ensure doesn't happen
[15:02.400 --> 15:04.400]  because it's a conflict of interest.
[15:06.560 --> 15:07.840]  Now one of the other things
[15:07.840 --> 15:09.760]  we went back to today and pulled up
[15:09.760 --> 15:13.280]  was the 1925 statutes regarding
[15:13.280 --> 15:15.840]  what is to be done with funds
[15:15.840 --> 15:18.400]  that are obtained through the fines process
[15:18.400 --> 15:19.680]  in a municipal court.
[15:19.680 --> 15:21.280]  The 1925 statutes,
[15:21.280 --> 15:24.000]  which is still the controlling session law,
[15:24.960 --> 15:27.040]  says very clearly that
[15:27.040 --> 15:30.080]  those funds go into the city treasury
[15:30.960 --> 15:33.760]  and that the funds in the city treasury
[15:33.760 --> 15:38.000]  are used to pay the salary of the judge.
[15:40.160 --> 15:42.240]  Now tell me where the judge
[15:42.240 --> 15:45.120]  does not have a vested interest
[15:45.760 --> 15:47.600]  in the outcome of a case
[15:47.600 --> 15:50.240]  in the outcome of a case that results
[15:50.240 --> 15:51.760]  in the payment of a fine.
[15:53.680 --> 15:56.800]  How will the judge maintain his job
[15:56.800 --> 15:59.040]  if the treasury runs dry
[15:59.040 --> 16:01.200]  because he doesn't convict people?
[16:06.640 --> 16:07.760]  This is a problem.
[16:08.960 --> 16:11.200]  This is a very big problem.
[16:12.960 --> 16:15.840]  These little things that we think we're seeing
[16:15.840 --> 16:17.600]  are not so little people.
[16:18.800 --> 16:21.200]  They are the very basis
[16:21.200 --> 16:23.600]  for them to expand what they do
[16:23.600 --> 16:24.880]  into other areas.
[16:26.240 --> 16:28.640]  It's just like what they did with the drug war.
[16:29.520 --> 16:31.680]  Oh, what if we catch you selling it
[16:31.680 --> 16:34.320]  in quantity to other people?
[16:34.320 --> 16:35.840]  We're going to charge you.
[16:35.840 --> 16:38.320]  Now if you get caught even possessing it,
[16:38.320 --> 16:39.280]  we're going to charge you.
[16:40.320 --> 16:41.920]  And it just keeps expanding
[16:41.920 --> 16:45.840]  to more and more deprivations of our liberty.
[16:45.840 --> 16:47.120]  All right, we're about to go to break.
[16:47.120 --> 16:51.520]  This is Rule of Law Radio 512-646-1984.
[16:51.520 --> 16:52.880]  Got about one more segment
[16:52.880 --> 16:54.480]  then we'll start taking your calls.
[16:55.040 --> 16:56.080]  Hang in there, folks.
[16:56.080 --> 16:57.200]  We will be right back.
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[18:24.080 --> 18:26.080]  How to answer letters and phone calls.
[18:26.080 --> 18:28.720]  How to get debt collectors out of your credit reports.
[18:28.720 --> 18:30.720]  How to turn the financial tables on them
[18:30.720 --> 18:33.360]  and make them pay you to go away.
[18:33.360 --> 18:36.320]  The Michael Mears Proven Method is the solution
[18:36.320 --> 18:38.240]  for how to stop debt collectors.
[18:38.240 --> 18:40.640]  Personal consultation is available as well.
[18:40.640 --> 18:44.080]  For more information, please visit ruleoflawradio.com
[18:44.080 --> 18:46.320]  and click on the blue Michael Mears banner
[18:46.320 --> 18:49.120]  or email michaelmears at yahoo.com.
[18:49.120 --> 18:55.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:55.760 --> 19:16.320]  at yahoo.com to learn how to stop debt collectors now.
[19:16.320 --> 19:18.960]  All right, folks, we are back.
[19:18.960 --> 19:23.760]  The Rule of Law Radio, January 31, 2011.
[19:23.760 --> 19:26.400]  And we are discussing some of the things that have gone over
[19:26.400 --> 19:29.040]  in the last couple of seminars and the last couple
[19:29.040 --> 19:31.600]  of Monday nights regarding the clerk of the court
[19:31.600 --> 19:34.000]  doing the criminal complaints.
[19:34.000 --> 19:36.880]  Now, the next section that we're going to look at here,
[19:36.880 --> 19:40.320]  the first title is Officers of the Court.
[19:40.320 --> 19:44.560]  Section one, specifically the judge.
[19:44.560 --> 19:50.720]  Now, listen closely to this and see if you recognize this
[19:50.720 --> 19:54.720]  that I'm reading as a description of any court
[19:54.720 --> 19:59.120]  you've been into down here in Austin on the municipal side.
[19:59.120 --> 20:03.800]  Because what I'm reading here is most assuredly not
[20:03.800 --> 20:06.000]  what I'm seeing down there.
[20:06.000 --> 20:09.320]  But let's see if you agree.
[20:09.320 --> 20:11.760]  The judge is responsible for presiding
[20:11.760 --> 20:15.200]  over trials and other court proceedings,
[20:15.200 --> 20:18.760]  for performing certain magistrate functions,
[20:18.760 --> 20:22.400]  and for the general administration of the court.
[20:22.400 --> 20:28.480]  The judge must be impartial, ensure that justice is done,
[20:28.480 --> 20:33.040]  and rule on matters presented by the parties.
[20:33.040 --> 20:37.360]  The judge is not an adversary and must decide questions
[20:37.360 --> 20:41.000]  only on the basis of law.
[20:41.000 --> 20:45.280]  He or she must never assume the role of prosecutor
[20:45.280 --> 20:49.680]  or of defense counsel, nor act as a special advisor
[20:49.680 --> 20:54.080]  to the police or as a rubber stamp of law enforcement.
[20:54.080 --> 20:58.200]  The judge must never be influenced by the city
[20:58.200 --> 21:03.720]  to produce revenue or to enforce law selectively.
[21:03.720 --> 21:08.160]  The judge must allow the prosecution and the defense,
[21:08.160 --> 21:11.680]  as well as all other components of the system,
[21:11.680 --> 21:15.160]  to perform their duties vigorously.
[21:15.160 --> 21:19.480]  But always within the limits allowed by law.
[21:19.480 --> 21:23.520]  The judge will rely heavily on administrative support
[21:23.520 --> 21:25.000]  by the clerk.
[21:25.000 --> 21:29.920]  However, the judge can never delegate judicial duties
[21:29.920 --> 21:32.280]  to the clerk.
[21:32.280 --> 21:34.880]  The judge must not allow the clerk
[21:34.880 --> 21:39.000]  to influence judicial decisions or the verdict.
[21:39.000 --> 21:42.600]  Only the evidence presented and the applicable law
[21:42.600 --> 21:47.120]  can be legitimate basis for any judicial decision.
[21:47.120 --> 21:51.960]  Now, let's take that paragraph for a moment and back up.
[21:51.960 --> 21:54.920]  However, the judge can never delegate
[21:54.920 --> 21:57.600]  judicial duties to the clerk.
[21:57.600 --> 21:59.760]  What the hell is the taking of a plea
[21:59.760 --> 22:03.000]  if it's not a judicial duty?
[22:03.000 --> 22:06.040]  And yet, you walk up to the window in these municipal
[22:06.040 --> 22:09.120]  courts and want the first thing the clerk wants to know.
[22:09.120 --> 22:12.240]  How do you plead?
[22:12.240 --> 22:14.320]  Well, I don't plead.
[22:14.320 --> 22:15.840]  Well, you got to plead.
[22:15.840 --> 22:18.160]  No, I don't.
[22:18.160 --> 22:20.200]  Well, if you don't, I just enter one for you.
[22:20.200 --> 22:23.040]  By what authority?
[22:23.040 --> 22:28.000]  Because I want to or because the judge told me to?
[22:28.000 --> 22:31.480]  That's not the authority delegated to a clerk by law.
[22:31.480 --> 22:33.880]  It is not within the authority of a judge
[22:33.880 --> 22:37.960]  to delegate that duty to a clerk.
[22:37.960 --> 22:43.080]  And we need to make sure that this process gets ended.
[22:43.080 --> 22:45.600]  The more you look at what they're supposed to do
[22:45.600 --> 22:50.120]  versus what they're doing, and you actually sit down
[22:50.120 --> 22:54.280]  and take it from beginning to end step by step,
[22:54.280 --> 22:57.600]  you will see not only where they deviate from the law,
[22:57.600 --> 23:00.760]  but you will see the reason for the deviation
[23:00.760 --> 23:04.280]  is to streamline the process and reduce
[23:04.280 --> 23:10.800]  the expense involved in performing that process.
[23:10.800 --> 23:14.000]  And the reason for this can only be
[23:14.000 --> 23:17.040]  to maximize the profit at the other end.
[23:19.600 --> 23:23.000]  You're not necessarily induced to do something
[23:23.000 --> 23:25.280]  because of the cost unless you're
[23:25.280 --> 23:27.440]  worried about what you're going to get back
[23:27.440 --> 23:31.000]  in relation to that cost.
[23:31.000 --> 23:32.880]  And if you're worried about that,
[23:32.880 --> 23:37.960]  then you cannot say that cost on both sides is not a factor.
[23:37.960 --> 23:43.000]  And if cost is a factor, then justice is taken second chair.
[23:43.000 --> 23:45.640]  And if justice is taken second chair,
[23:45.640 --> 23:48.240]  justice is not being done.
[23:48.240 --> 23:50.320]  Profiteering is being done.
[23:53.960 --> 23:58.480]  And that, folks, is where we are.
[23:58.480 --> 24:00.600]  Now let's finish this.
[24:00.600 --> 24:02.440]  Where there is more than one judge
[24:02.440 --> 24:04.680]  in a municipality, one judge is generally
[24:04.680 --> 24:09.200]  designated the presiding judge or the administrative judge.
[24:09.200 --> 24:12.280]  As the chief administrator for the court,
[24:12.280 --> 24:15.760]  the presiding judge is responsible for organizing
[24:15.760 --> 24:20.440]  and scheduling court activities, developing and maintaining
[24:20.440 --> 24:26.040]  policies and procedures, allocating the workload,
[24:26.040 --> 24:28.840]  assigning cases to the various courts,
[24:28.840 --> 24:32.440]  supervising court support personnel,
[24:32.440 --> 24:36.440]  and performing a variety of other administrative functions.
[24:36.440 --> 24:37.720]  You get that?
[24:37.720 --> 24:40.000]  The head administrative judge is the one
[24:40.000 --> 24:43.360]  that sets this policy of streamlining.
[24:43.360 --> 24:46.080]  They have to be.
[24:46.080 --> 24:50.760]  That makes Evelyn McKee the scapegoat in this
[24:50.760 --> 24:55.920]  because she is the presiding slash head administrative judge
[24:55.920 --> 24:57.520]  of the municipal court.
[24:57.520 --> 25:01.080]  She is guilty of what's going on down there
[25:01.080 --> 25:03.520]  because she is the one that set it up.
[25:07.480 --> 25:09.840]  And when we sue the city of Austin,
[25:09.840 --> 25:11.880]  she will be a prominent defendant.
[25:15.800 --> 25:19.400]  While the presiding judge establishes judicial policy
[25:19.400 --> 25:22.880]  and general court procedures, the clerk
[25:22.880 --> 25:27.280]  helps to implement those policies and procedures,
[25:27.280 --> 25:32.280]  which now puts the clerk in conspiratorial sanctions
[25:32.280 --> 25:35.240]  with the judge.
[25:35.240 --> 25:37.240]  The judge made it up.
[25:37.240 --> 25:40.080]  The clerk helps implement it.
[25:40.080 --> 25:42.440]  That requires cooperation.
[25:42.440 --> 25:44.920]  That requires collusion.
[25:44.920 --> 25:47.880]  That requires that they conspire to do it.
[25:54.240 --> 25:55.880]  They're just getting in this a bit.
[25:55.880 --> 25:58.520]  They'll never get out.
[25:58.520 --> 26:01.000]  Despite the close working relationship
[26:01.000 --> 26:03.520]  between the judge and the clerk, there
[26:03.520 --> 26:06.760]  must be a clear separation between judicial
[26:06.760 --> 26:09.440]  and administrative functions.
[26:09.440 --> 26:10.960]  Well, let's see.
[26:10.960 --> 26:14.120]  The judge has ordered me to take all of your filings
[26:14.120 --> 26:18.600]  and turn them over to the judge before they get filed.
[26:18.600 --> 26:22.080]  Is that a clear distinction between judicial
[26:22.080 --> 26:24.080]  and administrative functions?
[26:24.080 --> 26:25.480]  No, it's not.
[26:25.480 --> 26:29.680]  It's judicial interference with an administrative function.
[26:35.240 --> 26:40.360]  Folks, this is where they're getting their money.
[26:40.360 --> 26:43.600]  This is why they're getting their money from this side,
[26:43.600 --> 26:46.920]  because we let them get away with this
[26:46.920 --> 26:50.400]  by not educating ourselves.
[26:50.400 --> 26:53.680]  I think we should make it a mandatory proceeding
[26:53.680 --> 26:57.520]  that when TMCEC gives these courses out
[26:57.520 --> 27:01.240]  to judges, prosecutors, and clerks of the court,
[27:01.240 --> 27:03.480]  that the general public should be
[27:03.480 --> 27:06.640]  allowed to attend these courses so that they
[27:06.640 --> 27:09.160]  can see exactly what's being taught
[27:09.160 --> 27:11.840]  and exactly when and if it violates law.
[27:15.600 --> 27:18.520]  For anybody to educate our public servants
[27:18.520 --> 27:20.400]  and hide the type of education they're
[27:20.400 --> 27:22.080]  getting from the view of the public
[27:22.080 --> 27:26.160]  because they're intentionally teaching them incorrect things,
[27:26.160 --> 27:29.000]  I've got a problem with that.
[27:29.000 --> 27:31.320]  I've got an even bigger problem when
[27:31.320 --> 27:35.080]  the place is seemingly teaching the appropriate thing,
[27:35.080 --> 27:37.120]  and then these people leave class
[27:37.120 --> 27:41.960]  and treat it as if it never existed,
[27:41.960 --> 27:45.120]  and they do it all for the name of profit
[27:45.120 --> 27:47.040]  and self-serving employment.
[27:47.040 --> 27:49.280]  I would love to see the headcount.
[27:49.280 --> 27:53.720]  I know there's 20-plus municipal judges in Austin,
[27:53.720 --> 27:56.040]  over 20 of them.
[27:56.040 --> 28:00.440]  I would love to know the number of clerks of the court
[28:00.440 --> 28:02.720]  and how many of them it takes to process
[28:02.720 --> 28:05.840]  what they do every day through that court
[28:05.840 --> 28:07.400]  and how many of them are actually
[28:07.400 --> 28:10.680]  being paid to generate these criminal complaints
[28:10.680 --> 28:13.360]  or to sign them all day long.
[28:13.360 --> 28:16.200]  And why are they paying for that?
[28:16.200 --> 28:20.720]  And why are they being asked to sign them?
[28:20.720 --> 28:24.520]  If they're a part of the court, why
[28:24.520 --> 28:27.240]  are they issuing the criminal complaint?
[28:27.240 --> 28:29.080]  And if they're getting paid while they're
[28:29.080 --> 28:31.240]  on the clock to sign that complaint,
[28:31.240 --> 28:33.360]  they damn well are a part of the court
[28:33.360 --> 28:36.920]  because they're acting in their official capacity, not
[28:36.920 --> 28:39.200]  a private capacity.
[28:39.200 --> 28:41.920]  And if they are trying to act in a private capacity
[28:41.920 --> 28:46.520]  while they're on the public payroll and on the clock,
[28:46.520 --> 28:48.120]  that's embezzlement.
[28:48.120 --> 28:50.240]  That's misuse of public funds.
[28:50.240 --> 28:52.240]  That's illegal.
[28:52.240 --> 28:54.360]  And we need to call them on it.
[28:54.360 --> 28:56.360]  And that's exactly what I intend to do.
[29:00.000 --> 29:03.720]  Folks, if you are able but have not
[29:03.720 --> 29:07.440]  been coming to the Saturday classes down at Brave New Books,
[29:07.440 --> 29:09.720]  please start coming.
[29:09.720 --> 29:15.680]  It's $20, but that $20 helps me pay my bills while I'm here.
[29:15.680 --> 29:18.600]  And it helps me spend time doing this
[29:18.600 --> 29:21.760]  so that I can show you what they're doing wrong,
[29:21.760 --> 29:26.360]  that I can take what I learn and transfer it to more people
[29:26.360 --> 29:29.880]  so that I'm not the only one out there should something happen
[29:29.880 --> 29:33.600]  to me that has any idea about what's being done.
[29:33.600 --> 29:35.840]  I don't want that.
[29:35.840 --> 29:37.560]  The more people that know what I know,
[29:37.560 --> 29:41.600]  the better off we're all going to be.
[29:41.600 --> 29:43.440]  All right, folks, we're going to break.
[29:43.440 --> 29:46.280]  This is Rule of Law Radio, Eddie Craig, Debra Stevens,
[29:46.280 --> 29:50.800]  Randy Kelton, 512-646-1984.
[29:50.800 --> 29:52.640]  We will be right back after this break,
[29:52.640 --> 29:54.280]  and we will start taking your calls.
[29:54.280 --> 29:57.200]  So if you haven't called in yet, please start now.
[29:57.200 --> 30:00.080]  We'll be right back.
[30:00.080 --> 30:00.920]  I lost my son.
[30:00.920 --> 30:01.440]  My nephew.
[30:01.440 --> 30:01.940]  My uncle.
[30:01.940 --> 30:02.440]  My son.
[30:02.440 --> 30:04.480]  On September 11, 2001.
[30:04.480 --> 30:08.160]  Most people don't know that a third tower fell on September 11.
[30:08.160 --> 30:11.200]  World Trade Center 7, a 47-story skyscraper,
[30:11.200 --> 30:12.440]  was not hit by a plane.
[30:12.440 --> 30:15.160]  Although the official explanation is that fire brought
[30:15.160 --> 30:18.960]  down Building 7, over 1,200 architects and engineers
[30:18.960 --> 30:20.640]  have looked into the evidence and believe
[30:20.640 --> 30:21.960]  there is more to the story.
[30:21.960 --> 30:23.440]  Bring justice to my son.
[30:23.440 --> 30:23.960]  My uncle.
[30:23.960 --> 30:24.560]  My nephew.
[30:24.560 --> 30:25.060]  My son.
[30:25.060 --> 30:27.280]  Go to buildingwhat.org.
[30:27.280 --> 30:29.920]  Why it fell, why it matters, and what you can do.
[30:32.920 --> 30:34.400]  What's the sweetest sound?
[30:34.400 --> 30:35.680]  Your name, of course.
[30:35.680 --> 30:37.880]  So stores that want to become your best buddies
[30:37.880 --> 30:40.840]  may soon be calling out to you if you let them know who you are.
[30:40.840 --> 30:42.380]  I'm Dr. Catherine Albrecht, and I'll
[30:42.380 --> 30:44.680]  tell you more in just a moment.
[30:44.680 --> 30:46.680]  Privacy is under attack.
[30:46.680 --> 30:48.520]  When you give up data about yourself,
[30:48.520 --> 30:50.280]  you'll never get it back again.
[30:50.280 --> 30:52.240]  And once your privacy is gone, you'll
[30:52.240 --> 30:55.040]  find your freedoms will start to vanish too.
[30:55.040 --> 30:56.440]  So protect your rights.
[30:56.440 --> 31:00.320]  Say no to surveillance and keep your information to yourself.
[31:00.320 --> 31:02.800]  Privacy, it's worth hanging on to.
[31:02.800 --> 31:06.360]  This public service announcement is brought to you by StartPage.com,
[31:06.360 --> 31:08.240]  the private search engine alternative
[31:08.240 --> 31:10.320]  to Google, Yahoo, and Bing.
[31:10.320 --> 31:13.880]  Start over with StartPage.
[31:13.880 --> 31:15.920]  Disney stores want to call you by name
[31:15.920 --> 31:19.040]  as you stroll past the front windows of their mall shops.
[31:19.040 --> 31:21.680]  Their plan involves secretly reading your credit cards,
[31:21.680 --> 31:23.320]  that is, if you're naive enough to carry
[31:23.320 --> 31:25.680]  ones that contain RFID tags.
[31:25.680 --> 31:28.600]  RFID, or radio frequency identification,
[31:28.600 --> 31:32.040]  is a technology that uses tiny computer chips to track items
[31:32.040 --> 31:33.040]  from a distance.
[31:33.040 --> 31:34.760]  I call them spy chips because they
[31:34.760 --> 31:37.120]  share your unique ID numbers using
[31:37.120 --> 31:39.320]  radio waves that can travel right through your purse
[31:39.320 --> 31:40.240]  or wallet.
[31:40.240 --> 31:42.200]  Disney is hoping to dazzle consumers
[31:42.200 --> 31:43.960]  with their technical savvy, but I'm
[31:43.960 --> 31:45.560]  guessing their invasive plans will
[31:45.560 --> 31:48.760]  have consumers demanding spy chip-free credit cards
[31:48.760 --> 31:51.480]  and a lot more respect for their privacy.
[31:51.480 --> 31:52.680]  I'm Dr. Catherine Albrecht.
[31:52.680 --> 31:55.200]  More news and information at CatherineAlbrecht.com.
[31:55.200 --> 32:09.880]  Yeah, I got a warrant, and I'm going to solve them,
[32:09.880 --> 32:14.600]  to the government them, prosecute them.
[32:14.600 --> 32:26.880]  OK, all right, folks, we are back.
[32:26.880 --> 32:30.640]  Google Law, radio, Eddie Craig, Betty D, Randy Nelson.
[32:30.640 --> 32:32.240]  He doesn't ever show up on Monday.
[32:32.240 --> 32:34.680]  But we all miss and love him anyway.
[32:34.680 --> 32:38.560]  OK, right now, we have a caller, Sheldon, in South Carolina.
[32:38.560 --> 32:42.040]  Sheldon, what can we do for you?
[32:42.040 --> 32:44.640]  I was calling to ask two questions.
[32:44.640 --> 32:46.560]  About one, it was registration.
[32:46.560 --> 32:49.120]  How do you feel about registration?
[32:49.120 --> 32:51.440]  What are we registering?
[32:51.440 --> 32:52.840]  Vehicle.
[32:52.840 --> 32:54.840]  It's all right, it seems like when you're registering,
[32:54.840 --> 32:58.200]  you're kind of like giving it to the state.
[32:58.200 --> 33:02.440]  Well, no, registering, it depends.
[33:02.440 --> 33:04.280]  Technically speaking, if your state
[33:04.280 --> 33:07.680]  requires you to surrender the MSO or MCO to gain
[33:07.680 --> 33:10.680]  a certificate of title, then yes, you
[33:10.680 --> 33:15.920]  are, because that MSO slash MCO is the original ownership
[33:15.920 --> 33:18.120]  papers to that car.
[33:18.120 --> 33:21.440]  And in Texas, a certificate of title
[33:21.440 --> 33:25.120]  has a very specific legal definition.
[33:25.120 --> 33:29.880]  And it's probably the same in every state, pretty much.
[33:29.880 --> 33:32.080]  And that definition is that it is
[33:32.080 --> 33:37.880]  an instrument that shows lawful possession
[33:37.880 --> 33:40.720]  and legal ownership of the property,
[33:40.720 --> 33:46.080]  and all liens recorded against that piece of property.
[33:46.080 --> 33:50.040]  Now, the difference in that and a full-blown ownership paper
[33:50.040 --> 33:51.320]  is this.
[33:51.320 --> 33:53.640]  First thing is, is look up the definition
[33:53.640 --> 33:58.760]  of legal owner versus the definition of owner.
[33:58.760 --> 34:04.480]  Legal owner is one that appears to have all of the rights
[34:04.480 --> 34:07.800]  that an owner has but doesn't.
[34:07.800 --> 34:11.480]  He just appears to.
[34:11.480 --> 34:14.520]  The owner is the one that has all the rights
[34:14.520 --> 34:16.960]  in the property, including the ability
[34:16.960 --> 34:23.200]  to transfer or dispose of that property, not the legal owner.
[34:23.200 --> 34:26.000]  Here's a perfect example.
[34:26.000 --> 34:29.160]  You go to the bank, you borrow the money, you buy the car.
[34:29.160 --> 34:32.120]  The bank is listed as first lien holder.
[34:32.120 --> 34:34.680]  Can you, without the bank's consent,
[34:34.680 --> 34:38.040]  go out and sell that car?
[34:38.040 --> 34:39.280]  No.
[34:39.280 --> 34:41.200]  No.
[34:41.200 --> 34:45.360]  Not unless you get enough money to pay off the bank entirely
[34:45.360 --> 34:47.720]  before you let that car go.
[34:51.000 --> 34:56.360]  So you cannot be the true owner because you do not
[34:56.360 --> 34:59.400]  have the sole right of disposition of the property.
[34:59.400 --> 35:05.880]  So a certificate of title does not convey true ownership.
[35:05.880 --> 35:06.400]  OK.
[35:09.360 --> 35:13.440]  And in Texas, if you register, that's all you get back
[35:13.440 --> 35:15.640]  is a certificate of title.
[35:15.640 --> 35:18.040]  But the Texas Code says very specifically
[35:18.040 --> 35:20.520]  that the requirement for a certificate of title
[35:20.520 --> 35:24.920]  is limited only to vehicles owned by the state,
[35:24.920 --> 35:30.000]  is limited only to vehicles owned by the state or political
[35:30.000 --> 35:32.560]  subdivisions of the state, meaning the counties
[35:32.560 --> 35:35.720]  or the municipalities.
[35:35.720 --> 35:38.840]  Oh, no.
[35:38.840 --> 35:47.760]  And that is 501 or 502.004, Texas Transportation Code.
[35:52.480 --> 35:53.480]  That's one question.
[35:53.480 --> 35:55.160]  What was your other?
[35:55.160 --> 35:57.600]  The gold on the flag.
[35:57.600 --> 35:58.960]  You say they're getting attention?
[35:58.960 --> 36:01.360]  The gold fringe on the flag?
[36:01.360 --> 36:02.440]  Yeah.
[36:02.440 --> 36:04.200]  What about it?
[36:04.200 --> 36:08.040]  Well, I was reading, doing some reading, not much.
[36:08.040 --> 36:10.840]  They were saying that you got gold on these flags.
[36:10.840 --> 36:12.240]  They're pulling flags.
[36:12.240 --> 36:13.240]  They're pulling courts.
[36:13.240 --> 36:15.520]  Be careful what you read.
[36:15.520 --> 36:19.320]  Some people make this stuff up out of assertions
[36:19.320 --> 36:22.200]  without any actual basis.
[36:22.200 --> 36:25.680]  Now, if you actually read the federal law regarding
[36:25.680 --> 36:28.280]  the display and construction of the flag,
[36:28.280 --> 36:31.640]  you will find out that there is a significant purpose
[36:31.640 --> 36:32.680]  to the gold fringe.
[36:35.280 --> 36:40.640]  But in the courts, it is used more as decoration
[36:40.640 --> 36:44.360]  than it is for any source of jurisdiction.
[36:44.360 --> 36:47.800]  It does not represent the jurisdiction of the court.
[36:47.800 --> 36:51.440]  It simply is supposed to represent
[36:51.440 --> 36:54.440]  that it is an American court.
[36:54.440 --> 36:58.360]  And lots of even schools have them.
[36:58.360 --> 37:01.760]  They don't, legally speaking, have anything
[37:01.760 --> 37:04.200]  to do with the court's jurisdiction.
[37:04.200 --> 37:07.480]  The court has jurisdiction only if it
[37:07.480 --> 37:11.240]  has it as a matter of law, not because of the type of flag
[37:11.240 --> 37:12.160]  it has in the room.
[37:12.160 --> 37:15.480]  So if the flag is in the room, then you
[37:15.480 --> 37:18.280]  can't make them convert back to common law?
[37:18.280 --> 37:20.400]  No, you can't.
[37:20.400 --> 37:23.520]  You can invoke common law if you can show that there is not
[37:23.520 --> 37:26.960]  a statutory law that covers the issue at hand.
[37:26.960 --> 37:30.600]  Texas law is very clear on that.
[37:30.600 --> 37:33.000]  If there is not a codified procedure,
[37:33.000 --> 37:35.080]  then the procedure relates back to what
[37:35.080 --> 37:36.640]  it was at common law.
[37:36.640 --> 37:39.520]  But if there is not a codified procedure,
[37:39.520 --> 37:42.840]  then the procedure relates back to what it was at common law.
[37:46.320 --> 37:49.280]  But you can't convert a court to common law
[37:49.280 --> 37:53.200]  unless you originally invoke the suit under its jurisdiction
[37:53.200 --> 37:54.560]  at common law.
[37:54.560 --> 37:57.640]  And if you're not the person invoking the suit,
[37:57.640 --> 38:00.440]  you're not the person that's going to move it to what it is.
[38:05.640 --> 38:09.000]  The state's going to be the one that invokes the classification
[38:09.000 --> 38:12.640]  because it's coming after you under statute, which
[38:12.640 --> 38:15.600]  automatically removes it from the realm of common law
[38:15.600 --> 38:18.200]  when they're doing it under statute.
[38:18.200 --> 38:21.320]  Now, I myself have a big issue with them using statute
[38:21.320 --> 38:24.240]  against the people at all.
[38:24.240 --> 38:26.600]  But that's way more complicated an argument
[38:26.600 --> 38:28.800]  than you and I are going to be able to have on the air.
[38:33.520 --> 38:37.280]  But the gold fringe flag is not what gives the court
[38:37.280 --> 38:42.880]  jurisdiction, nor is it what sets how the court must act.
[38:46.400 --> 38:46.880]  OK?
[38:46.880 --> 38:49.760]  Well, I just picked up one of my riders
[38:49.760 --> 38:50.760]  going on the way to work.
[38:50.760 --> 38:52.400]  And he's saying how one of the sheriffs
[38:52.400 --> 38:54.840]  just shot and killed somebody on the other side of the hotel.
[38:58.080 --> 39:00.320]  Well, I understand.
[39:00.320 --> 39:02.280]  Believe me, it's going to get a whole lot worse
[39:02.280 --> 39:03.120]  before it gets better.
[39:03.120 --> 39:03.600]  It's sad.
[39:03.600 --> 39:05.240]  I hear it's sad.
[39:05.240 --> 39:07.360]  I appreciate talking to you and going over it.
[39:07.360 --> 39:08.160]  Thanks.
[39:08.160 --> 39:09.400]  All right, Sheldon, you have a good night.
[39:09.400 --> 39:10.320]  Thanks for calling in.
[39:10.320 --> 39:10.800]  You, too.
[39:13.520 --> 39:17.480]  All right, we have John Mehta and Galen.
[39:17.480 --> 39:18.960]  Right now, let's go to John.
[39:18.960 --> 39:21.720]  John, how can we help you?
[39:21.720 --> 39:23.480]  Good evening.
[39:23.480 --> 39:28.680]  Hey, I know the citation that I'm still waiting on my trial
[39:28.680 --> 39:32.960]  date, but I went over and-
[39:32.960 --> 39:33.600]  John, hang on.
[39:33.600 --> 39:34.560]  You on the speakerphone?
[39:34.560 --> 39:36.360]  I don't have much attention.
[39:36.360 --> 39:41.000]  John, are you on a speakerphone?
[39:41.000 --> 39:42.560]  No, I'm not.
[39:42.560 --> 39:44.680]  OK, your connection is really bad.
[39:44.680 --> 39:46.200]  You keep bobbing in and out.
[39:46.200 --> 39:47.720]  I can't follow what you're saying.
[39:47.720 --> 39:51.240]  Can you try to call us back?
[39:51.240 --> 39:52.160]  Sure, I can try.
[39:52.160 --> 39:54.480]  Is it any better now?
[39:54.480 --> 39:57.120]  It's still bumping up and down.
[39:57.120 --> 39:58.800]  No, it's not better, John.
[39:58.800 --> 40:02.240]  It sounds like you've got real bad cell phone reception,
[40:02.240 --> 40:06.760]  or if you're on a wireless cordless handset
[40:06.760 --> 40:11.120]  or something, you need to charge it up some more or something.
[40:11.120 --> 40:12.000]  Closer to the base.
[40:12.000 --> 40:13.920]  Yeah, something's going on.
[40:13.920 --> 40:15.120]  I'll call you right back.
[40:15.120 --> 40:18.400]  OK, John.
[40:18.400 --> 40:20.480]  All right, while we're waiting on John to call back in,
[40:20.480 --> 40:21.960]  let's go ahead and take Mehta's call.
[40:21.960 --> 40:22.880]  Mehta, how you doing?
[40:28.040 --> 40:29.560]  Mehta, I'm afraid your connection's
[40:29.560 --> 40:31.360]  even worse than John's.
[40:31.360 --> 40:32.840]  I'm sorry, and I can hear you clearly.
[40:32.840 --> 40:33.680]  Ah, there you go.
[40:33.680 --> 40:34.200]  There you go.
[40:34.200 --> 40:35.400]  Now we hear you.
[40:35.400 --> 40:38.800]  OK, John got a letter back from the bar,
[40:38.800 --> 40:41.800]  and they told him that they didn't see anything wrong
[40:41.800 --> 40:44.560]  with what this guy did, the lawyer.
[40:44.560 --> 40:47.160]  And they took his formal grievance
[40:47.160 --> 40:49.040]  and turned it into an inquiry.
[40:49.040 --> 40:49.960]  It's what they stated.
[40:52.920 --> 40:57.200]  OK, so find the names of the ones that sent back the letter
[40:57.200 --> 40:59.280]  and bar grieve them.
[40:59.280 --> 41:01.440]  Find another one and specifically state,
[41:01.440 --> 41:03.960]  this is not an inquiry.
[41:03.960 --> 41:05.440]  That's what Pat put in his letter.
[41:05.440 --> 41:08.240]  He said, this is a formal grievance and not an inquiry.
[41:08.240 --> 41:10.720]  He put that in there, and they sent it.
[41:10.720 --> 41:14.320]  But what I was thinking is, isn't this,
[41:14.320 --> 41:17.920]  the Constitution says I have a right to grievance
[41:17.920 --> 41:20.960]  against the government, right?
[41:20.960 --> 41:22.720]  Redress of grievance.
[41:22.720 --> 41:25.480]  This man just violated our redress of grievance
[41:25.480 --> 41:29.520]  because the bar is an administrative branch
[41:29.520 --> 41:31.280]  of the judiciary.
[41:31.280 --> 41:34.880]  So isn't that more like official oppression
[41:34.880 --> 41:36.880]  and a few other things, violation
[41:36.880 --> 41:39.320]  of my past constitutional rights?
[41:39.320 --> 41:42.960]  Isn't that more like something you take before the grand jury?
[41:42.960 --> 41:44.480]  You can make that argument.
[41:48.080 --> 41:52.560]  The question becomes, will the grand jury buy it and use it?
[41:52.560 --> 41:55.000]  I don't know, but you know, you always have,
[41:55.000 --> 41:57.520]  I was thinking if a bunch of people who all sent
[41:57.520 --> 42:00.280]  in bar grievances got that same letter,
[42:00.280 --> 42:03.880]  because I remember hearing a man many months ago,
[42:03.880 --> 42:08.680]  a rule of law, make that comment that they took his grievance
[42:08.680 --> 42:10.840]  and made it turn it into an inquiry.
[42:10.840 --> 42:12.040]  I don't know where he was.
[42:12.040 --> 42:13.560]  Yeah, that's what they want to do
[42:13.560 --> 42:16.800]  when they don't want it to wind up on the record as a grievance.
[42:16.800 --> 42:20.200]  So if you have a group of people who all had their rights
[42:20.200 --> 42:26.280]  violated, all sent in sworn affidavit, notarized,
[42:26.280 --> 42:28.320]  to one location, and then one person
[42:28.320 --> 42:32.120]  takes that with their grievance, notarized,
[42:32.120 --> 42:34.840]  and then do the complaint about official oppression saying,
[42:34.840 --> 42:36.480]  these are formal grievances.
[42:36.480 --> 42:38.520]  And rather than address the issue,
[42:38.520 --> 42:40.120]  they turned it into an inquiry.
[42:40.120 --> 42:42.440]  It's one thing to take a grievance and say,
[42:42.440 --> 42:44.960]  we found it on no basis.
[42:44.960 --> 42:46.560]  It's another thing to take a grievance
[42:46.560 --> 42:49.520]  and turn it into inquiry so the person in question
[42:49.520 --> 42:51.120]  gets off spot free.
[42:51.120 --> 42:51.800]  That's right.
[42:51.800 --> 42:53.000]  You're absolutely right.
[42:53.000 --> 42:54.880]  But that's the problem with letting
[42:54.880 --> 42:57.600]  government govern itself.
[42:57.600 --> 42:58.680]  Oh, I know.
[42:58.680 --> 43:03.080]  This is why the judicial commission should never
[43:03.080 --> 43:04.920]  have been created.
[43:04.920 --> 43:07.760]  The legislators have abdicated their duty
[43:07.760 --> 43:12.240]  to manage government by law by allowing management
[43:12.240 --> 43:15.680]  of government by committee or commission.
[43:15.680 --> 43:17.440]  And that's exactly what's going on
[43:17.440 --> 43:20.560]  in every state of the union.
[43:20.560 --> 43:23.680]  No government agency should be answerable
[43:23.680 --> 43:28.680]  to another government agency for its violations of law
[43:28.680 --> 43:31.120]  or to the public's rights.
[43:31.120 --> 43:35.600]  That should be a private, publicly accessible forum.
[43:35.600 --> 43:38.520]  And we should be making that determination, not
[43:38.520 --> 43:41.320]  another government agency that would protect them.
[43:41.320 --> 43:43.120]  Mehda, if you can hang on for just a second,
[43:43.120 --> 43:47.680]  we'll finish picking this up on the other side, OK?
[43:47.680 --> 43:49.680]  All right, folks, this is Rule of Law Radio.
[43:49.680 --> 43:55.080]  Eddie Craig, Randy Kelton, Deborah Stevens, 512-646-1984.
[43:55.080 --> 43:57.520]  If you have a question or a problem, give us a call.
[43:57.520 --> 43:59.920]  We will be right back.
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[46:01.000 --> 46:26.080]  All right, folks, we are back, Rule of Law Radio.
[46:26.080 --> 46:28.360]  Now, we were talking to Metta, she dropped off the line,
[46:28.360 --> 46:30.280]  but I'm going to wrap that part of it up real quick.
[46:30.280 --> 46:32.680]  So, Metta, if you are still listening,
[46:32.680 --> 46:36.120]  go to Chapter 81 of the Government Code.
[46:36.120 --> 46:39.040]  Read in there very carefully and you
[46:39.040 --> 46:43.200]  will see exactly what the members of the Texas Judicial
[46:43.200 --> 46:48.600]  Council are as far as what their professions are.
[46:48.600 --> 46:52.960]  A great number of them are judges and lawyers.
[46:52.960 --> 46:58.080]  Only five of the entire body are citizens.
[46:58.080 --> 47:01.120]  The citizens are going to be in over their head
[47:01.120 --> 47:05.080]  when they're trying to discuss law and issues of law
[47:05.080 --> 47:10.040]  with these so-called experts in the field.
[47:10.040 --> 47:12.720]  They're not going to want to question their judgment
[47:12.720 --> 47:16.520]  or their determination or their reading of the law
[47:16.520 --> 47:20.600]  because the five citizens aren't going to really know any better.
[47:20.600 --> 47:22.120]  They're going to get bullied and they're
[47:22.120 --> 47:26.160]  going to get kowtowed by these judges and lawyers that
[47:26.160 --> 47:28.960]  are already on the committee.
[47:28.960 --> 47:33.520]  This means that you will never ever really
[47:33.520 --> 47:37.320]  see a bar grievance pay off unless it's against somebody
[47:37.320 --> 47:39.800]  that this committee wants to get rid of
[47:39.800 --> 47:42.520]  or the courts in general want to get rid of.
[47:45.280 --> 47:48.280]  Now, there's also something else you
[47:48.280 --> 47:51.400]  need to read regarding the licensing of attorneys
[47:51.400 --> 47:52.760]  under Chapter 82.
[47:52.760 --> 47:56.280]  And you will see exactly why it's
[47:56.280 --> 47:59.480]  very hard to find anything that they will actually
[47:59.480 --> 48:03.800]  charge an attorney with as far as a bar grievance
[48:03.800 --> 48:06.800]  because Chapter 82 makes it very clear.
[48:06.800 --> 48:11.680]  He can be a dope addict, a drunk, an outright thief.
[48:11.680 --> 48:16.560]  He can have the morals of Dr. Jekyll and Mr. Hyde
[48:16.560 --> 48:22.960]  and every psychotic individual from Genghis Khan forward.
[48:22.960 --> 48:26.680]  And they still can't deny them a bar card and a license.
[48:30.280 --> 48:34.640]  Attorneys get a pass on virtually everything
[48:34.640 --> 48:38.880]  when it comes to having that license to practice law.
[48:38.880 --> 48:42.240]  You may can sue them for everything under the sun,
[48:42.240 --> 48:47.000]  but your chances of prevailing without a heck of a case
[48:47.000 --> 48:47.960]  is slim to none.
[48:51.280 --> 48:53.480]  Same thing is going to apply with the bar grievance.
[48:53.480 --> 48:56.400]  You can file it, and if you can't show exactly
[48:56.400 --> 48:59.400]  where it violates law and get something
[48:59.400 --> 49:03.200]  on the individuals having to find where it violates law,
[49:03.200 --> 49:07.320]  then you've just seen the result.
[49:07.320 --> 49:12.920]  I have yet to find anybody tell me that they got back
[49:12.920 --> 49:14.720]  an answer that said, you're right.
[49:14.720 --> 49:17.200]  This was wrong when it came to a bar
[49:17.200 --> 49:18.960]  grievance against an attorney.
[49:18.960 --> 49:21.360]  Now, folks, I'm not saying don't do them.
[49:21.360 --> 49:24.280]  Please do them because that's going
[49:24.280 --> 49:27.480]  to be the only record we have.
[49:27.480 --> 49:29.920]  What I'm going to suggest we do, however,
[49:29.920 --> 49:35.200]  is we take it out of the hands of this judicial committee.
[49:35.200 --> 49:39.480]  I want to set up a website that the sole purpose of this website
[49:39.480 --> 49:43.040]  is for people to come in and file bar grievances
[49:43.040 --> 49:45.520]  against attorneys.
[49:45.520 --> 49:50.280]  Then the website will ensure that the grievance
[49:50.280 --> 49:53.240]  is forwarded to this committee.
[49:53.240 --> 49:58.160]  But it will remain on the website for public display.
[49:58.160 --> 50:01.720]  It will remain on the website as an ongoing record
[50:01.720 --> 50:03.560]  against a particular attorney.
[50:03.560 --> 50:06.440]  You want to know how many bar grievances they've had filed?
[50:06.440 --> 50:09.160]  If it was filed through this site, you'll know it.
[50:12.280 --> 50:15.800]  Their insurance company wants to know what the information was
[50:15.800 --> 50:16.680]  in the bar grievance.
[50:16.680 --> 50:18.640]  They come to this site, they'll know it.
[50:21.840 --> 50:24.480]  Then the next time we petition the legislature
[50:24.480 --> 50:28.320]  to make it where the public has control over determining bar
[50:28.320 --> 50:31.560]  grievances and nobody in the judiciary
[50:31.560 --> 50:34.840]  is allowed to sit on that panel, we've
[50:34.840 --> 50:37.280]  got ammunition to take to make that argument showing
[50:37.280 --> 50:41.080]  how no attorney ever gets bar grieved successfully
[50:41.080 --> 50:42.360]  because they're protected.
[50:45.560 --> 50:48.360]  Anyway, that's one step of one plan.
[50:48.360 --> 50:49.840]  Let's get back to our callers.
[50:49.840 --> 50:51.840]  We had John reconnect with us.
[50:51.840 --> 50:53.520]  John, how you doing?
[50:53.520 --> 50:54.520]  Good.
[50:54.520 --> 50:55.600]  Much better.
[50:55.600 --> 50:56.920]  All right, what do you got?
[50:56.920 --> 51:00.320]  Yeah, Eddie, I'm awaiting trial.
[51:00.320 --> 51:02.640]  It's actually the trial date.
[51:02.640 --> 51:14.080]  And I noticed on my citation that I have a PO box
[51:14.080 --> 51:17.680]  and to report to.
[51:17.680 --> 51:25.840]  I've already been to plead, I guess, at my arraignment.
[51:25.840 --> 51:29.400]  But I was wondering, is there something
[51:29.400 --> 51:30.720]  I could do at this point?
[51:30.720 --> 51:32.240]  Yes, you take a criminal complaint
[51:32.240 --> 51:34.720]  and file it with a judge against the officer for violation
[51:34.720 --> 51:37.200]  of 543.008.
[51:37.200 --> 51:40.680]  543.008?
[51:40.680 --> 51:44.280]  Transportation code, misconduct in office.
[51:44.280 --> 51:47.360]  The officer is required by law to send you
[51:47.360 --> 51:50.840]  to the proper place to appear before magistrate having
[51:50.840 --> 51:53.280]  jurisdiction of the offense.
[51:53.280 --> 51:58.640]  The postmaster does not qualify, nor does a PO box.
[51:58.640 --> 52:00.200]  OK.
[52:00.200 --> 52:04.120]  And now, would I be able to file that with a motion
[52:04.120 --> 52:06.360]  to dismiss simultaneously?
[52:06.360 --> 52:08.440]  No, you're talking about two different issues here.
[52:08.440 --> 52:10.840]  One is complaining against the officer for violation
[52:10.840 --> 52:12.040]  of a ministerial duty.
[52:12.040 --> 52:14.720]  The other is the issue in your case.
[52:14.720 --> 52:16.880]  They are not attached specifically
[52:16.880 --> 52:20.360]  for those two immediate purposes, OK?
[52:20.360 --> 52:21.280]  OK.
[52:21.280 --> 52:23.840]  Now, what's the charge?
[52:23.840 --> 52:27.200]  So it was speeding, 78 and a 70.
[52:27.200 --> 52:28.440]  Speeding.
[52:28.440 --> 52:30.120]  OK.
[52:30.120 --> 52:34.000]  Now, who issued the ticket?
[52:34.000 --> 52:39.600]  It was issued by a, I've got his ID number.
[52:39.600 --> 52:41.080]  Can't read his name.
[52:41.080 --> 52:42.120]  Who does he work for?
[52:42.120 --> 52:44.000]  I believe it was a constable.
[52:44.000 --> 52:45.280]  A constable?
[52:45.280 --> 52:46.120]  Oh, goody.
[52:49.240 --> 52:54.600]  Constables have zero authority to enforce traffic statutes.
[52:54.600 --> 52:56.760]  According to Texas administrative code,
[52:56.760 --> 53:00.080]  the constable's sole duty as a county officer
[53:00.080 --> 53:02.520]  in relation to traffic is that he is allowed
[53:02.520 --> 53:04.280]  to operate at a way station.
[53:07.120 --> 53:08.360]  OK?
[53:08.360 --> 53:11.640]  Now, here's the other thing about county officers.
[53:11.640 --> 53:15.160]  Texas law specifically says that the county commissioner's
[53:15.160 --> 53:21.600]  court can elect and appoint a maximum of five people
[53:21.600 --> 53:24.680]  for the purpose of traffic enforcement.
[53:24.680 --> 53:29.480]  Those five officers shall be under the office of the sheriff
[53:29.480 --> 53:32.600]  and they shall report to the sheriff,
[53:32.600 --> 53:37.800]  but they must be appointed by the commissioner's court.
[53:37.800 --> 53:42.560]  Constable is not one of those because he does not and cannot
[53:42.560 --> 53:45.920]  operate under the authority of the sheriff.
[53:45.920 --> 53:49.400]  He is a separate elected official.
[53:49.400 --> 53:51.560]  OK.
[53:51.560 --> 53:53.880]  OK?
[53:53.880 --> 53:57.240]  Now, the commissioner's court can increase that number
[53:57.240 --> 54:05.160]  from five to seven only under emergency circumstances,
[54:05.160 --> 54:10.120]  but they are the only officials that are county officers
[54:10.120 --> 54:14.840]  that their specific authority to enforce traffic statutes.
[54:14.840 --> 54:18.480]  But be that as it may, you're never
[54:18.480 --> 54:20.840]  going to get to court without knowing a lot more than you
[54:20.840 --> 54:24.760]  do to get on board with that argument.
[54:24.760 --> 54:30.480]  So the problem becomes is, were you actually speeding?
[54:30.480 --> 54:32.960]  Were you in your car or were you in a commercial vehicle?
[54:32.960 --> 54:40.320]  No, I was in my vehicle and I believe
[54:40.320 --> 54:43.360]  I was probably driving over the speed limit.
[54:43.360 --> 54:45.400]  You were in your car, but you believe
[54:45.400 --> 54:47.200]  you were driving over the speed limit.
[54:47.200 --> 54:48.600]  That's right.
[54:48.600 --> 54:50.640]  Are you under the presumption the speed limit
[54:50.640 --> 54:51.880]  applies to your car?
[54:54.360 --> 54:56.360]  No, I know I have.
[54:56.360 --> 55:02.880]  Again, Eddie, I've been listening to you for a few months
[55:02.880 --> 55:03.400]  now.
[55:03.400 --> 55:05.240]  I have ordered a jurisdictionary.
[55:05.240 --> 55:07.560]  I've been working on that.
[55:07.560 --> 55:10.600]  The jurisdictionary is going to teach you how to sue them,
[55:10.600 --> 55:12.640]  but until you know why you're suing them,
[55:12.640 --> 55:13.880]  it's not going to help you.
[55:13.880 --> 55:14.760]  Right, I understand.
[55:14.760 --> 55:19.280]  I'm trying to get as much information.
[55:19.280 --> 55:24.000]  And I have called you before regarding, as a matter of fact,
[55:24.000 --> 55:29.720]  it's the same citation and how I'd use the Republic of Texas
[55:29.720 --> 55:33.200]  motion filing to fight.
[55:33.200 --> 55:36.400]  And I've had success in the past.
[55:36.400 --> 55:39.720]  And so I just noticed that because I'd
[55:39.720 --> 55:43.560]  heard you talking about it at least a couple of weeks ago
[55:43.560 --> 55:44.400]  with somebody else.
[55:44.400 --> 55:47.520]  And I went back and looked at it.
[55:47.520 --> 55:51.400]  And sure enough, it's got a deal box.
[55:51.400 --> 55:54.160]  So it's something I know that you had addressed before.
[55:54.160 --> 55:55.800]  Yes, that specifically.
[55:55.800 --> 56:00.000]  But there's also an issue about the speeding ticket itself.
[56:00.000 --> 56:02.480]  I've got a scan of a book that is put out
[56:02.480 --> 56:07.480]  by the Texas District Attorney and County Attorneys
[56:07.480 --> 56:08.440]  Association.
[56:08.440 --> 56:11.160]  They wrote this book.
[56:11.160 --> 56:16.360]  And the book is titled Texas Traffic Stops.
[56:16.360 --> 56:18.720]  And that's all it discusses.
[56:18.720 --> 56:22.560]  And it says very clearly in this book, right there
[56:22.560 --> 56:27.640]  under the heading of speeding, that an automobile traveling
[56:27.640 --> 56:29.880]  in excess of the posted speed limit
[56:29.880 --> 56:36.600]  is and not of itself an offense under Texas law.
[56:36.600 --> 56:38.640]  And they're correct.
[56:38.640 --> 56:40.800]  In order for it to be an offense,
[56:40.800 --> 56:49.960]  you must violate 545.351 Texas Transportation Code.
[56:49.960 --> 56:56.840]  And 545.351 clearly states that you can only
[56:56.840 --> 57:00.720]  commit the offense if you are operating a motor
[57:00.720 --> 57:04.080]  vehicle upon the highways of this state
[57:04.080 --> 57:07.840]  at a speed that is other than reasonable and prudent
[57:07.840 --> 57:12.640]  under the circumstances then existing.
[57:12.640 --> 57:17.760]  In other words, the state must prove that element,
[57:17.760 --> 57:22.320]  that your speed was neither reasonable nor prudent
[57:22.320 --> 57:25.240]  under the circumstances that existed.
[57:25.240 --> 57:28.280]  The only way they can do that is if they
[57:28.280 --> 57:31.600]  can show that you caused an accident,
[57:31.600 --> 57:35.000]  were involved in an accident, damaged property,
[57:35.000 --> 57:38.360]  or lost control of your automobile, or caused someone
[57:38.360 --> 57:42.640]  else to lose control of theirs, or in some other manner,
[57:42.640 --> 57:48.800]  injured people or property because of your speed.
[57:48.800 --> 57:53.240]  Unless they can do that, they cannot show your speed was not
[57:53.240 --> 57:56.120]  reasonable and prudent because you were safely
[57:56.120 --> 57:58.840]  negotiating the stretch of highway
[57:58.840 --> 58:00.080]  upon which you were stopped.
[58:00.080 --> 58:00.720]  All right.
[58:00.720 --> 58:04.760]  So take that to him.
[58:04.760 --> 58:07.880]  Can I get one more question in there real quick?
[58:07.880 --> 58:09.520]  You can get it in, but you have to do it
[58:09.520 --> 58:12.280]  on the other side of the break unless you can be real fast.
[58:12.280 --> 58:13.120]  OK.
[58:13.120 --> 58:19.480]  For resetting court dates, when the court, you know, they,
[58:19.480 --> 58:22.720]  You file a motion of continuous for a court date.
[58:22.720 --> 58:25.640]  No, but when they've given you a motion of continuous,
[58:25.640 --> 58:28.000]  you file a motion of continuous for a court date.
[58:28.000 --> 58:31.040]  No, but when they've given you a court date, you show up,
[58:31.040 --> 58:34.440]  and then they don't fry you that day.
[58:34.440 --> 58:36.320]  Then you demand a dismissal because you
[58:36.320 --> 58:39.320]  were there and prepared to go to trial as you were directed.
[58:39.320 --> 58:41.840]  OK, would that just be a motion of dismissal?
[58:41.840 --> 58:42.920]  That's correct.
[58:42.920 --> 58:43.720]  OK.
[58:43.720 --> 58:44.200]  All right.
[58:44.200 --> 58:45.400]  Thank you very much.
[58:45.400 --> 58:46.400]  You're very welcome, John.
[58:46.400 --> 58:47.400]  Thanks for calling in.
[58:47.400 --> 58:48.400]  Bye-bye.
[58:48.400 --> 58:49.320]  Bye-bye.
[58:49.320 --> 58:50.080]  All right, folks.
[58:50.080 --> 58:52.560]  This is Rule of Law Radio, Eddie Craig, Debra Stevens,
[58:52.560 --> 58:56.720]  Randy Kelton, 512-646-1984.
[58:56.720 --> 58:57.320]  Hang in there.
[58:57.320 --> 59:00.080]  We will be right back.
[59:00.080 --> 59:03.760]  The Bible remains the most popular book in the world,
[59:03.760 --> 59:06.160]  yet countless readers are frustrated because they
[59:06.160 --> 59:08.160]  struggle to understand it.
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[59:57.600 --> 01:00:00.200]  That's freestudybible.com.
[01:00:00.200 --> 01:00:04.200]  This news brief brought to you by the International News Net.
[01:00:04.200 --> 01:00:06.480]  Thousands of Jordanians poured into the streets
[01:00:06.480 --> 01:00:09.120]  Friday to protest against storing prices
[01:00:09.120 --> 01:00:11.640]  and call for a change in government.
[01:00:11.640 --> 01:00:14.680]  The Islamist-led opposition, professional associations,
[01:00:14.680 --> 01:00:18.680]  and leftist activists call for Prime Minister Sami Arifai
[01:00:18.680 --> 01:00:19.760]  to step down.
[01:00:19.760 --> 01:00:21.880]  It was the latest demonstration this month,
[01:00:21.880 --> 01:00:24.200]  despite two recent government aid packages
[01:00:24.200 --> 01:00:28.760]  that increased subsidies for fuel, rice, and sugar.
[01:00:28.760 --> 01:00:32.360]  Pakistani media say Raymond Davis, the US Embassy official
[01:00:32.360 --> 01:00:36.160]  charged with murdering two Pakistani citizens Thursday,
[01:00:36.160 --> 01:00:39.440]  is in fact an agent for the security firm Blackwater.
[01:00:39.440 --> 01:00:43.600]  Davis shot dead two men riding a motorcycle in Lahore,
[01:00:43.600 --> 01:00:46.600]  saying it was self-defense during an attempted robbery.
[01:00:46.600 --> 01:00:49.160]  A third Pakistani was run over and killed
[01:00:49.160 --> 01:00:51.680]  after being hit by a US consulate vehicle,
[01:00:51.680 --> 01:00:53.480]  rushing to Davis' aid.
[01:00:53.480 --> 01:00:59.160]  Pakistanis are upset at gun-carrying US diplomats.
[01:00:59.160 --> 01:01:02.080]  Egypt's leading opposition figure, Mohammed al-Boradi,
[01:01:02.080 --> 01:01:04.600]  challenged Barack Obama Sunday not
[01:01:04.600 --> 01:01:08.120]  to be the last to call for Hosni Mubarak to step down.
[01:01:08.120 --> 01:01:11.280]  The US provides over a billion dollars a year in military aid
[01:01:11.280 --> 01:01:13.160]  to Mubarak's regime.
[01:01:13.160 --> 01:01:15.960]  Both Obama and Secretary of State Hillary Clinton
[01:01:15.960 --> 01:01:17.920]  have called for democracy in Egypt,
[01:01:17.920 --> 01:01:22.600]  but have stopped short of asking Mubarak to step down.
[01:01:22.600 --> 01:01:26.120]  As protests swept Egypt, five Palestinian detainees
[01:01:26.120 --> 01:01:28.680]  arrived in the Gaza Strip Sunday after being
[01:01:28.680 --> 01:01:30.720]  freed from Egyptian jails.
[01:01:30.720 --> 01:01:32.880]  One former prisoner, Hassan Wishar,
[01:01:32.880 --> 01:01:36.840]  said many detainees in Abu Zabal jail near Cairo
[01:01:36.840 --> 01:01:38.920]  were killed by security men.
[01:01:38.920 --> 01:01:41.920]  Hassan said he experienced days of suffering and torture
[01:01:41.920 --> 01:01:43.800]  during his three-year detention.
[01:01:43.800 --> 01:01:46.440]  The uprising in Egypt is having a dramatic impact
[01:01:46.440 --> 01:01:47.720]  across the Middle East.
[01:01:47.720 --> 01:01:50.840]  In Israel, officials are locked in round-the-clock strategy
[01:01:50.840 --> 01:01:52.840]  sessions aimed at rethinking their most
[01:01:52.840 --> 01:01:55.120]  significant regional relationship.
[01:01:55.120 --> 01:02:13.440]  Haaretz editor Aluf Ben said,
[01:02:13.440 --> 01:02:16.320]  John Wheeler, a former germ warfare expert
[01:02:16.320 --> 01:02:19.000]  and presidential aide whose body was discovered
[01:02:19.000 --> 01:02:22.920]  in a landfill December 31, was beaten to death.
[01:02:22.920 --> 01:02:25.720]  The Delaware Medical Examiner said the official cause
[01:02:25.720 --> 01:02:28.600]  was blunt force trauma in a case that has drawn
[01:02:28.600 --> 01:02:30.600]  worldwide media coverage.
[01:02:30.600 --> 01:02:33.680]  The four-week delay has fueled speculation.
[01:02:33.680 --> 01:02:35.440]  Wheeler was poisoned because he was
[01:02:35.440 --> 01:02:39.080]  seen stumbling around in the days before he died.
[01:02:39.080 --> 01:02:41.280]  Blunt force trauma describes the result
[01:02:41.280 --> 01:02:43.640]  of being struck with an object or a body part,
[01:02:43.640 --> 01:02:44.800]  such as a fist.
[01:02:44.800 --> 01:02:47.680]  Most recently, Wheeler worked for the MITRE Corporation,
[01:02:47.680 --> 01:02:49.800]  which provides systems engineering and IT
[01:02:49.800 --> 01:02:51.920]  services to the government about issues
[01:02:51.920 --> 01:02:54.080]  such as aviation defense and intelligence.
[01:03:21.920 --> 01:03:43.400]  All right, folks, we are back to School of Law Radio.
[01:03:43.400 --> 01:03:46.000]  And just to finish up on answering John's question
[01:03:46.000 --> 01:03:47.520]  there, John, the reason for you're
[01:03:47.520 --> 01:03:50.400]  going to process the motion to dismiss
[01:03:50.400 --> 01:03:54.200]  is going to be for failure to prosecute, OK?
[01:03:54.200 --> 01:03:56.960]  They summoned you to court for the purpose
[01:03:56.960 --> 01:04:00.360]  for appearing for trial, and then they didn't hold it.
[01:04:00.360 --> 01:04:02.000]  Austin is really bad about this.
[01:04:02.000 --> 01:04:04.440]  They'll summon you to court numerous times,
[01:04:04.440 --> 01:04:08.760]  knowing full well they probably will not hold your case that
[01:04:08.760 --> 01:04:10.600]  day.
[01:04:10.600 --> 01:04:14.320]  So if they can't manage their dockets any better than that,
[01:04:14.320 --> 01:04:17.840]  then they shouldn't be allowed to set them in the first place.
[01:04:17.840 --> 01:04:22.000]  Because nowhere can I find where the law allows them
[01:04:22.000 --> 01:04:24.880]  to greatly inconvenience the accused
[01:04:24.880 --> 01:04:27.720]  for the expediency of the court.
[01:04:27.720 --> 01:04:29.960]  But that's what they do.
[01:04:29.960 --> 01:04:33.440]  And what you experience is how they do it.
[01:04:33.440 --> 01:04:37.240]  OK, folks, we got a couple other callers here, Galen, Ron,
[01:04:37.240 --> 01:04:37.840]  and Don.
[01:04:37.840 --> 01:04:39.040]  Let's go with Galen.
[01:04:39.040 --> 01:04:40.720]  Galen, how can we help you?
[01:04:40.720 --> 01:04:42.040]  Good evening.
[01:04:42.040 --> 01:04:45.840]  My wife and I, we went through a binding arbitration.
[01:04:45.840 --> 01:04:48.600]  We bought a franchise about five years ago.
[01:04:48.600 --> 01:04:51.120]  And during the arbitration, we found
[01:04:51.120 --> 01:04:53.160]  that there was perjury involved, because there
[01:04:53.160 --> 01:04:55.200]  was a previous relationship between the petitioner
[01:04:55.200 --> 01:04:57.240]  and the arbitrator.
[01:04:57.240 --> 01:04:59.760]  Well, that's fraud, not perjury.
[01:04:59.760 --> 01:05:02.120]  Perjury, right.
[01:05:02.120 --> 01:05:06.480]  Well, no, perjury is something that's done under oath.
[01:05:06.480 --> 01:05:08.040]  Were they under oath, or did they
[01:05:08.040 --> 01:05:11.040]  simply state in another form or fashion
[01:05:11.040 --> 01:05:13.000]  that they didn't when they did?
[01:05:13.000 --> 01:05:13.880]  That's fraud.
[01:05:13.880 --> 01:05:16.240]  There's a difference.
[01:05:16.240 --> 01:05:20.240]  OK, during the first hearing, or excuse me,
[01:05:20.240 --> 01:05:24.400]  the first pretrial, there was a rule set up 10 times.
[01:05:24.400 --> 01:05:29.280]  And nobody was supposed to know anybody,
[01:05:29.280 --> 01:05:32.360]  no pre-existing relationships of any kind.
[01:05:32.360 --> 01:05:35.680]  Was there any questions asked to establish that relationship?
[01:05:35.680 --> 01:05:37.920]  Yes, there was, and nobody stepped forward.
[01:05:37.920 --> 01:05:39.480]  They answered them falsely?
[01:05:39.480 --> 01:05:40.520]  Right.
[01:05:40.520 --> 01:05:41.360]  Then you're right.
[01:05:41.360 --> 01:05:44.440]  In the case of appearing in court, that is perjury.
[01:05:44.440 --> 01:05:48.120]  If it's also in the agreement, then it's also fraud.
[01:05:52.520 --> 01:05:57.720]  Yeah, because during the second hearing,
[01:05:57.720 --> 01:06:01.480]  they were setting up rules and times and no direct contract
[01:06:01.480 --> 01:06:03.720]  with the arbitrator unless both parties are involved.
[01:06:03.720 --> 01:06:07.760]  And they also set up a time and location
[01:06:07.760 --> 01:06:10.400]  where the hearing should take place.
[01:06:10.400 --> 01:06:12.200]  And they said, oh, let's go to the headquarters
[01:06:12.200 --> 01:06:13.880]  for the franchise.
[01:06:13.880 --> 01:06:16.280]  And the arbitrator said, we didn't really know what was that.
[01:06:16.280 --> 01:06:18.240]  And the lawyer said, oh, you've been here before.
[01:06:21.320 --> 01:06:23.840]  The other side's lawyer said that?
[01:06:23.840 --> 01:06:25.480]  Yes.
[01:06:25.480 --> 01:06:28.240]  And was the other side's lawyer responsible for knowing
[01:06:28.240 --> 01:06:32.400]  whether or not this arbiter had any prior knowledge
[01:06:32.400 --> 01:06:35.080]  or relationship with his client?
[01:06:35.080 --> 01:06:36.360]  Well, I'm sure he should.
[01:06:36.360 --> 01:06:39.200]  And what about the American arbitrator?
[01:06:39.200 --> 01:06:41.280]  Who testified to that fact in court?
[01:06:41.280 --> 01:06:44.280]  Was it the law here or the principal?
[01:06:44.280 --> 01:06:45.320]  Or was it the arbitrator?
[01:06:45.320 --> 01:06:47.040]  The hearing.
[01:06:47.040 --> 01:06:48.240]  Right, the hearing.
[01:06:48.240 --> 01:06:50.240]  Yeah.
[01:06:50.240 --> 01:06:51.720]  Who made the statement that there
[01:06:51.720 --> 01:06:54.120]  was no prior relationship?
[01:06:54.120 --> 01:06:56.280]  We all had to agree to that.
[01:06:56.280 --> 01:06:59.080]  No, no, no, I'm not asking who agreed to it.
[01:06:59.080 --> 01:07:03.760]  Who was asked if one had existed?
[01:07:03.760 --> 01:07:07.280]  Did anyone ask that question of anybody else?
[01:07:07.280 --> 01:07:11.520]  Yes, we all signed paperwork.
[01:07:11.520 --> 01:07:12.600]  OK.
[01:07:12.600 --> 01:07:16.560]  So the attorney knows the arbitrator.
[01:07:16.560 --> 01:07:20.800]  But the arbitrator may or may not know the attorney's client.
[01:07:23.960 --> 01:07:24.800]  Is that possible?
[01:07:24.800 --> 01:07:26.120]  Possible.
[01:07:26.120 --> 01:07:31.040]  OK, if that's the relationship, then that's not perjury or fraud
[01:07:31.040 --> 01:07:34.280]  unless one of the questions related to the other party's
[01:07:34.280 --> 01:07:37.680]  counsel.
[01:07:37.680 --> 01:07:42.080]  Now, if it only spoke to the other party,
[01:07:42.080 --> 01:07:43.880]  then that was not a false answer.
[01:07:47.440 --> 01:07:50.720]  But if it asked the other party or their counsel,
[01:07:50.720 --> 01:07:54.240]  either together or separately, and it was answered that way,
[01:07:54.240 --> 01:07:56.960]  now it's perjury.
[01:07:56.960 --> 01:08:01.240]  But if the attorney insinuated that the arbitrator already
[01:08:01.240 --> 01:08:08.040]  had been to the principal's location before,
[01:08:08.040 --> 01:08:11.400]  the question becomes, was the purpose of that visit
[01:08:11.400 --> 01:08:15.080]  to arbitrate something involving the principal rather than just
[01:08:15.080 --> 01:08:17.040]  the use of the facilities?
[01:08:17.040 --> 01:08:22.640]  For instance, I've been to a deposition and an arbitration
[01:08:22.640 --> 01:08:24.920]  in one place that has a conference room
[01:08:24.920 --> 01:08:27.880]  that they let people use.
[01:08:27.880 --> 01:08:31.960]  But that doesn't mean that the arbitration or the deposition
[01:08:31.960 --> 01:08:34.640]  had anything to do with that particular company.
[01:08:34.640 --> 01:08:39.000]  It was just their room in which it was held.
[01:08:39.000 --> 01:08:40.640]  What's the possibility of that?
[01:08:43.760 --> 01:08:46.320]  I assume there could be a possibility.
[01:08:46.320 --> 01:08:48.760]  OK, then that's something else you need to check.
[01:08:48.760 --> 01:08:50.520]  Like I said, we were in the state of Colorado.
[01:08:50.520 --> 01:08:51.920]  We didn't have the money for airfare
[01:08:51.920 --> 01:08:54.960]  to be there in person in Florida.
[01:08:54.960 --> 01:08:59.320]  Right?
[01:08:59.320 --> 01:09:01.480]  Well, I mean, these are things that you've got to know.
[01:09:01.480 --> 01:09:02.920]  You've got to figure out.
[01:09:02.920 --> 01:09:04.680]  You need to go back through the court record
[01:09:04.680 --> 01:09:07.240]  and see exactly what questions were asked.
[01:09:07.240 --> 01:09:11.360]  And if they imply the legal counsel as well as
[01:09:11.360 --> 01:09:17.080]  the principal, then you might have a case for the perjury.
[01:09:17.080 --> 01:09:22.200]  Another question, are these proceedings recorded, taped,
[01:09:22.200 --> 01:09:27.320]  or whatever? That all is up to the parties.
[01:09:27.320 --> 01:09:30.520]  If it's asked for that it be an arbitration of record,
[01:09:30.520 --> 01:09:33.800]  then it should be.
[01:09:33.800 --> 01:09:35.840]  But if it wasn't asked that it be
[01:09:35.840 --> 01:09:39.640]  made with an official record of the arbitration,
[01:09:39.640 --> 01:09:40.840]  then there may not be.
[01:09:44.720 --> 01:09:48.320]  Would the American Arbitration Association
[01:09:48.320 --> 01:09:50.880]  know this type of information?
[01:09:50.880 --> 01:09:54.200]  If the people you're using are a part of it, they should.
[01:09:54.200 --> 01:09:56.480]  If they were having to conduct the arbitration
[01:09:56.480 --> 01:09:59.680]  under their rules of procedure, they would.
[01:09:59.680 --> 01:10:03.680]  But if they were doing it under a particular state's laws,
[01:10:03.680 --> 01:10:05.520]  then you would need to know what the laws are
[01:10:05.520 --> 01:10:08.120]  regarding arbitration and record keeping for that state.
[01:10:08.120 --> 01:10:10.920]  So we need to know what the arbitration is for that state,
[01:10:10.920 --> 01:10:11.840]  huh?
[01:10:11.840 --> 01:10:15.040]  You need to know which rules it was conducted under.
[01:10:15.040 --> 01:10:18.360]  Was it conducted under the first, the states,
[01:10:18.360 --> 01:10:20.720]  or a combination of both?
[01:10:20.720 --> 01:10:24.160]  And if it's both, then which parts of whose rules
[01:10:24.160 --> 01:10:26.960]  did they use?
[01:10:26.960 --> 01:10:30.000]  And does either of those have to be used?
[01:10:30.000 --> 01:10:34.640]  And if it's both, then which parts of whose rules
[01:10:34.640 --> 01:10:37.560]  did they use?
[01:10:37.560 --> 01:10:40.200]  And does either of them require a record
[01:10:40.200 --> 01:10:44.400]  to be kept of the arbitration in the form of a recording,
[01:10:44.400 --> 01:10:47.400]  whether it be audio, video, or both?
[01:10:47.400 --> 01:10:48.800]  Or a transcript, for that matter?
[01:10:58.120 --> 01:11:00.360]  And where do we go to get this information?
[01:11:00.360 --> 01:11:02.200]  Would you know that?
[01:11:02.200 --> 01:11:06.040]  I would look in my state's codes regarding arbitration.
[01:11:06.040 --> 01:11:08.240]  And then I would call the organization
[01:11:08.240 --> 01:11:11.440]  you mentioned earlier and ask them.
[01:11:11.440 --> 01:11:13.360]  And if you ask them, they could probably
[01:11:13.360 --> 01:11:15.880]  tell you where to find the particular laws
[01:11:15.880 --> 01:11:19.360]  regarding arbitration in a particular state.
[01:11:19.360 --> 01:11:22.240]  OK.
[01:11:22.240 --> 01:11:24.040]  Because I'm sure that they would have
[01:11:24.040 --> 01:11:27.560]  to know what the laws are in any state in which they're
[01:11:27.560 --> 01:11:30.200]  engaging in that practice.
[01:11:30.200 --> 01:11:37.360]  So they would probably most likely know where to find them.
[01:11:37.360 --> 01:11:37.840]  All right.
[01:11:37.840 --> 01:11:40.000]  I guess I got one more to do.
[01:11:40.000 --> 01:11:41.040]  OK.
[01:11:41.040 --> 01:11:42.240]  OK.
[01:11:42.240 --> 01:11:42.840]  All right, sir.
[01:11:42.840 --> 01:11:44.120]  Well, thank you for calling in.
[01:11:44.120 --> 01:11:45.280]  Thank you.
[01:11:45.280 --> 01:11:45.840]  You're welcome.
[01:11:45.840 --> 01:11:47.800]  Bye bye.
[01:11:47.800 --> 01:11:48.520]  All right.
[01:11:48.520 --> 01:11:49.680]  Don in Indiana.
[01:11:49.680 --> 01:11:52.160]  Don, what can we do for you, sir?
[01:11:52.160 --> 01:11:53.560]  This is Don, Indiana.
[01:11:53.560 --> 01:11:55.600]  Can you hear me OK?
[01:11:55.600 --> 01:11:57.720]  Yes, sir.
[01:11:57.720 --> 01:11:58.280]  Quite well.
[01:11:58.280 --> 01:11:58.800]  Go ahead.
[01:11:58.800 --> 01:12:02.680]  I have here, I had a friend call me about three hours ago.
[01:12:02.680 --> 01:12:08.240]  And he'd received a ticket in the mail from Cleveland, Ohio.
[01:12:08.240 --> 01:12:13.920]  His name is Tim, and he lives in Auburn, Indiana.
[01:12:13.920 --> 01:12:17.880]  Here a couple weeks ago, he was in Cleveland on vacation.
[01:12:17.880 --> 01:12:23.320]  And he evidently ran a, well, this ticket they sent him,
[01:12:23.320 --> 01:12:30.640]  it's a speeding ticket, 48 in a 35 mile an hour zone.
[01:12:30.640 --> 01:12:33.080]  And he got it on January the 15th.
[01:12:33.080 --> 01:12:36.320]  And he just got this notice today.
[01:12:36.320 --> 01:12:38.480]  Who signed it?
[01:12:38.480 --> 01:12:40.080]  Yeah?
[01:12:40.080 --> 01:12:43.160]  Who signed it?
[01:12:43.160 --> 01:12:44.560]  Who signed it?
[01:12:44.560 --> 01:12:45.880]  Yep.
[01:12:45.880 --> 01:12:51.200]  It says, reviewing police officer,
[01:12:51.200 --> 01:12:57.160]  just an R and a couple of zeros there, and a badge number.
[01:12:57.160 --> 01:12:59.600]  OK, and where does it say this officer is located?
[01:12:59.600 --> 01:13:02.960]  Is he in Ohio, or is he the owner of the system?
[01:13:02.960 --> 01:13:05.760]  He's in Cleveland, Ohio.
[01:13:05.760 --> 01:13:06.320]  OK.
[01:13:06.320 --> 01:13:10.480]  But this is a, it's like a red light ticket,
[01:13:10.480 --> 01:13:12.040]  like at a red light camera.
[01:13:12.040 --> 01:13:14.160]  Yeah, it's photo radar.
[01:13:14.160 --> 01:13:15.680]  Yeah.
[01:13:15.680 --> 01:13:16.200]  OK.
[01:13:16.200 --> 01:13:17.520]  I'm not familiar with that.
[01:13:17.520 --> 01:13:21.280]  I wondered what your opinion would be on a situation
[01:13:21.280 --> 01:13:22.400]  like this.
[01:13:22.400 --> 01:13:24.600]  My opinion would be, where is the proof
[01:13:24.600 --> 01:13:27.480]  I was driving the car?
[01:13:27.480 --> 01:13:29.880]  That you was in the car.
[01:13:29.880 --> 01:13:31.520]  You sent the ticket to me.
[01:13:31.520 --> 01:13:34.160]  Where do you have proof I was in the car?
[01:13:38.040 --> 01:13:41.120]  Well, and this ticket here, it says
[01:13:41.120 --> 01:13:46.360]  that if you weren't in the car, you got to write in and tell
[01:13:46.360 --> 01:13:48.200]  them who did have your car.
[01:13:48.200 --> 01:13:49.280]  No, you don't.
[01:13:49.280 --> 01:13:51.880]  You absolutely do not.
[01:13:51.880 --> 01:13:52.400]  You don't.
[01:13:52.400 --> 01:13:56.680]  You can simply contest it on the grounds of I was not in the car
[01:13:56.680 --> 01:14:00.800]  and you must prove otherwise.
[01:14:00.800 --> 01:14:06.120]  Do you have evidence that proves I was the driver of the car?
[01:14:06.120 --> 01:14:11.520]  If the answer is no, then eat the ticket.
[01:14:11.520 --> 01:14:18.320]  You cannot force me to testify to anything in a criminal case.
[01:14:18.320 --> 01:14:19.520]  OK.
[01:14:19.520 --> 01:14:24.120]  I take it this is probably a Cleveland, Ohio city ordinance.
[01:14:24.120 --> 01:14:26.760]  It may be, but the rules of due process
[01:14:26.760 --> 01:14:28.960]  are the same no matter where you are.
[01:14:28.960 --> 01:14:30.680]  And one of those is, is you cannot
[01:14:30.680 --> 01:14:34.080]  be compelled to give testimony against yourself
[01:14:34.080 --> 01:14:38.520]  or your spouse, and you cannot be
[01:14:38.520 --> 01:14:41.840]  required to give them any information for a crime
[01:14:41.840 --> 01:14:44.680]  they're investigating, unless they
[01:14:44.680 --> 01:14:46.640]  can show that what you're trying to do
[01:14:46.640 --> 01:14:52.680]  is to inhibit their ability to investigate, and you're not.
[01:14:52.680 --> 01:14:53.440]  Yeah, OK.
[01:14:53.440 --> 01:14:56.440]  They have to prove that since they're accusing you,
[01:14:56.440 --> 01:14:59.480]  they got to prove it was you.
[01:14:59.480 --> 01:15:01.480]  Yeah, I told him I would get in touch with you
[01:15:01.480 --> 01:15:03.960]  and I'd listen to the program and get in touch with you.
[01:15:03.960 --> 01:15:06.800]  He worked third shift and he couldn't do it.
[01:15:06.800 --> 01:15:10.120]  But he's going to stop back here at my place in the morning
[01:15:10.120 --> 01:15:12.440]  and hopefully you have this up on the archives
[01:15:12.440 --> 01:15:14.400]  and he can listen to it.
[01:15:14.400 --> 01:15:17.920]  Well, a simple answer is I do not
[01:15:17.920 --> 01:15:21.400]  know who was in possession of the car at that time.
[01:15:21.400 --> 01:15:24.600]  I didn't keep a record, and I'm not
[01:15:24.600 --> 01:15:26.760]  sure if we were on a ride at Disneyland
[01:15:26.760 --> 01:15:28.760]  or where we were at the time that you're
[01:15:28.760 --> 01:15:30.720]  speaking of in this citation.
[01:15:30.720 --> 01:15:32.360]  I didn't keep a written schedule.
[01:15:32.360 --> 01:15:33.440]  I don't know.
[01:15:33.440 --> 01:15:36.480]  For all I know, my car was stolen, used, and returned.
[01:15:36.480 --> 01:15:38.480]  I don't know.
[01:15:38.480 --> 01:15:40.160]  Yeah.
[01:15:40.160 --> 01:15:43.200]  Well, they got pictures of his car, you know, here.
[01:15:43.200 --> 01:15:46.360]  But do they have pictures of who was driving it?
[01:15:46.360 --> 01:15:47.360]  Pardon?
[01:15:47.360 --> 01:15:50.600]  Do they have pictures of who was driving it?
[01:15:50.600 --> 01:15:52.000]  No, they don't.
[01:15:52.000 --> 01:15:52.880]  Well, there you go.
[01:15:52.880 --> 01:15:54.920]  No, they don't have a picture of the driver.
[01:15:54.920 --> 01:15:56.680]  There you go.
[01:15:56.680 --> 01:15:57.880]  Let's see.
[01:15:57.880 --> 01:16:02.320]  I was going to tell you, I have your seminar
[01:16:02.320 --> 01:16:09.200]  and I have a common law default package from,
[01:16:09.200 --> 01:16:12.400]  I believe it was Mike Maris.
[01:16:12.400 --> 01:16:13.960]  You familiar with that?
[01:16:13.960 --> 01:16:15.760]  Yes.
[01:16:15.760 --> 01:16:17.760]  OK.
[01:16:17.760 --> 01:16:23.920]  Now, I've got Dr. Graves' judiciary program.
[01:16:23.920 --> 01:16:27.080]  So just fill this thing, more or less fill this thing out
[01:16:27.080 --> 01:16:28.040]  and send it back to him.
[01:16:28.040 --> 01:16:31.000]  I've got 20 days to.
[01:16:31.000 --> 01:16:34.280]  Well, I don't know what you mean by filling it out.
[01:16:34.280 --> 01:16:37.320]  I mean, I'd just send it back to him and state, one,
[01:16:37.320 --> 01:16:39.760]  where's your evidence I was driving?
[01:16:39.760 --> 01:16:42.160]  Two, show me where you could require
[01:16:42.160 --> 01:16:44.680]  me to give you any information regarding
[01:16:44.680 --> 01:16:47.800]  who was driving my car.
[01:16:47.800 --> 01:16:52.520]  And if you can't do either of those, then bug off.
[01:16:52.520 --> 01:16:53.040]  OK?
[01:16:53.040 --> 01:16:54.920]  OK, I'll just take it down and we'll pick you up
[01:16:54.920 --> 01:16:56.400]  on the other side, all right?
[01:16:56.400 --> 01:16:57.520]  This is Rule of Law Radio.
[01:16:57.520 --> 01:17:00.200]  Be right back.
[01:17:00.200 --> 01:17:03.360]  It is so enlightening to listen to 90.1 FM,
[01:17:03.360 --> 01:17:06.000]  but finding things on the internet isn't so easy
[01:17:06.000 --> 01:17:08.040]  and neither is finding like-minded people
[01:17:08.040 --> 01:17:09.000]  to share it with.
[01:17:09.000 --> 01:17:11.840]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:17:11.840 --> 01:17:13.160]  Brave New Books?
[01:17:13.160 --> 01:17:15.800]  Yes, Brave New Books has all the books and DVDs
[01:17:15.800 --> 01:17:18.960]  you're looking for by authors like Alex Jones, Ron Paul,
[01:17:18.960 --> 01:17:20.200]  Angie Edward Griffin.
[01:17:20.200 --> 01:17:22.480]  They even stock inner food, Berkey products,
[01:17:22.480 --> 01:17:24.200]  and Calvin Soaps.
[01:17:24.200 --> 01:17:26.520]  There's no way a place like that exists.
[01:17:26.520 --> 01:17:27.880]  Go check it out for yourself.
[01:17:27.880 --> 01:17:32.320]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:32.320 --> 01:17:35.640]  By UT, there's never anywhere to park down there.
[01:17:35.640 --> 01:17:37.680]  Actually, they now offer a free hour
[01:17:37.680 --> 01:17:41.080]  of parking for paying customers at the 500 MLK parking
[01:17:41.080 --> 01:17:43.920]  facility just behind the bookstore.
[01:17:43.920 --> 01:17:46.920]  It does exist, but when are they open?
[01:17:46.920 --> 01:17:50.880]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM
[01:17:50.880 --> 01:17:51.680]  on Sundays.
[01:17:51.680 --> 01:17:55.520]  So give them a call at 512-480-2503
[01:17:55.520 --> 01:17:58.560]  or check out their events page at bravenewbookstore.com.
[01:18:02.000 --> 01:18:04.600]  Capital Coin and Bullion is your local source
[01:18:04.600 --> 01:18:07.400]  for rare coins, precious metals, and coin supplies
[01:18:07.400 --> 01:18:09.280]  in the Austin metro area.
[01:18:09.280 --> 01:18:11.320]  We also ship worldwide.
[01:18:11.320 --> 01:18:13.520]  We are a family-owned and operated business
[01:18:13.520 --> 01:18:15.920]  that offers competitive prices on your coin and metals
[01:18:15.920 --> 01:18:16.840]  purchases.
[01:18:16.840 --> 01:18:20.800]  We buy, sell, trade, and consign rare coins, gold and silver
[01:18:20.800 --> 01:18:23.920]  coin collections, precious metals, and scrap gold.
[01:18:23.920 --> 01:18:27.520]  We will purchase and sell gold and jewelry items as well.
[01:18:27.520 --> 01:18:30.120]  We offer daily specials on coins and bullion.
[01:18:30.120 --> 01:18:34.400]  We're located at 5448 Barnett Road, Suite 3,
[01:18:34.400 --> 01:18:37.640]  and we're open Monday through Friday, 10 AM to 6 PM,
[01:18:37.640 --> 01:18:40.080]  Saturdays 10 AM to 5 PM.
[01:18:40.080 --> 01:18:41.600]  You are welcome to stop in our shop
[01:18:41.600 --> 01:18:47.480]  during regular business hours or call 512-646-6440
[01:18:47.480 --> 01:18:48.760]  with any questions.
[01:18:48.760 --> 01:18:51.960]  Ask for Chad and say you heard about us on Rule of Law Radio
[01:18:51.960 --> 01:18:53.480]  or 90.1 FM.
[01:18:53.480 --> 01:19:00.480]  That's Capital Coin and Bullion 512-646-6440.
[01:19:00.480 --> 01:19:27.280]  All right, folks, we are back at Rule of Law Radio.
[01:19:27.280 --> 01:19:32.640]  Our all-in number is 512-646-1984.
[01:19:32.640 --> 01:19:34.960]  Right now, Don went ahead and dropped off the line.
[01:19:34.960 --> 01:19:37.120]  Hopefully, we got his question answered.
[01:19:37.120 --> 01:19:39.960]  And that brings us to Gary in Georgia.
[01:19:39.960 --> 01:19:41.720]  Mr. Gary, how can we help you?
[01:19:41.720 --> 01:19:43.480]  Or how can you help us?
[01:19:43.480 --> 01:19:45.560]  Well, I think things are mutual.
[01:19:45.560 --> 01:19:50.640]  Most of the things that I call in about it,
[01:19:50.640 --> 01:19:55.120]  just tell me if I'm right or wrong.
[01:19:55.120 --> 01:20:01.160]  Like a friend received from a citation for a so-called
[01:20:01.160 --> 01:20:03.200]  speeding in Georgia.
[01:20:03.200 --> 01:20:09.520]  And then they so-called suspended his driver's license.
[01:20:09.520 --> 01:20:14.600]  And he received a citation from a police officer,
[01:20:14.600 --> 01:20:16.840]  which they so-called went to a court.
[01:20:16.840 --> 01:20:19.480]  But there's not really a court, the administrative tribunal.
[01:20:19.480 --> 01:20:23.720]  Anything below, say, a court of general jurisdiction
[01:20:23.720 --> 01:20:27.640]  like in Georgia, they have superior courts, other courts.
[01:20:27.640 --> 01:20:30.400]  Other states might be district courts,
[01:20:30.400 --> 01:20:36.120]  or it might be circuit court.
[01:20:36.120 --> 01:20:38.640]  But anyway, Georgia has superior courts.
[01:20:38.640 --> 01:20:44.280]  That's only real, I call, courts of general jurisdiction
[01:20:44.280 --> 01:20:46.360]  or courts of record, because the rest of them
[01:20:46.360 --> 01:20:47.400]  don't keep no records.
[01:20:47.400 --> 01:20:48.960]  All hearsay.
[01:20:48.960 --> 01:20:51.160]  So anyway, this guy received this.
[01:20:51.160 --> 01:20:56.400]  Now, they told him that he wants to appeal
[01:20:56.400 --> 01:21:00.280]  the decision of the court.
[01:21:00.280 --> 01:21:04.120]  He has to appeal to the deputy commissioner
[01:21:04.120 --> 01:21:05.560]  of the driver's services.
[01:21:05.560 --> 01:21:09.280]  Now, that gets into the Administrative Procedures
[01:21:09.280 --> 01:21:11.360]  Act, the APA.
[01:21:11.360 --> 01:21:15.680]  And then the deputy commissioner of the APA says,
[01:21:15.680 --> 01:21:20.160]  well, he'll suspend his license if he doesn't pay up,
[01:21:20.160 --> 01:21:22.120]  doesn't appeal, and such.
[01:21:22.120 --> 01:21:24.120]  But my point is the deputy commissioner
[01:21:24.120 --> 01:21:27.520]  has no personal knowledge, nor did the man
[01:21:27.520 --> 01:21:31.200]  show the psych case and show any regulation.
[01:21:31.200 --> 01:21:33.000]  And I have case after case.
[01:21:33.000 --> 01:21:36.320]  It's just general knowledge of the Administrative Procedures
[01:21:36.320 --> 01:21:36.880]  Act.
[01:21:36.880 --> 01:21:39.240]  Agencies issue regulations.
[01:21:39.240 --> 01:21:40.920]  They don't.
[01:21:40.920 --> 01:21:43.160]  The police officer cannot make law.
[01:21:43.160 --> 01:21:45.720]  Only the legislator can make law.
[01:21:45.720 --> 01:21:47.320]  Yeah, you're right.
[01:21:47.320 --> 01:21:49.680]  But now, when you're talking to the police officer,
[01:21:49.680 --> 01:21:52.080]  when you're talking about the administrative procedures,
[01:21:52.080 --> 01:21:55.080]  there's another issue here when you're
[01:21:55.080 --> 01:21:58.520]  talking about an administrative or legislative determination
[01:21:58.520 --> 01:22:00.720]  of guilt versus a judicial.
[01:22:00.720 --> 01:22:03.840]  And that is the bill of attainder.
[01:22:03.840 --> 01:22:09.680]  By definition, when there is a legislatively predetermination
[01:22:09.680 --> 01:22:12.960]  of guilt on a subject, or if there
[01:22:12.960 --> 01:22:15.720]  is an administrative determination of guilt
[01:22:15.720 --> 01:22:19.080]  that involves a penalty or punishment,
[01:22:19.080 --> 01:22:22.600]  and it was derived at without a judicial determination
[01:22:22.600 --> 01:22:26.800]  to back it up, that's a bill of attainder.
[01:22:26.800 --> 01:22:27.840]  Very good, sir.
[01:22:27.840 --> 01:22:29.440]  I like that, Eddie.
[01:22:29.440 --> 01:22:31.920]  And that's one of the reasons I call up,
[01:22:31.920 --> 01:22:35.600]  just kind of filling some of the gaps for me
[01:22:35.600 --> 01:22:37.680]  and all you listeners.
[01:22:37.680 --> 01:22:43.080]  Because now, after he's already been determined by the court
[01:22:43.080 --> 01:22:46.880]  that he's guilty, then they ask him to appeal administratively
[01:22:46.880 --> 01:22:51.560]  but administrative law in and of itself
[01:22:51.560 --> 01:22:56.160]  as the first determination because of the issue of license.
[01:22:56.160 --> 01:22:58.560]  Yeah, again, Gary, here in Texas,
[01:22:58.560 --> 01:23:01.320]  the Administrative Procedure Act is very clear.
[01:23:01.320 --> 01:23:04.360]  There can be no court hearings prior
[01:23:04.360 --> 01:23:06.760]  to the administrative hearing.
[01:23:06.760 --> 01:23:09.760]  There is no jurisdiction vested in the court
[01:23:09.760 --> 01:23:13.640]  until one of the parties seeks a judicial determination
[01:23:13.640 --> 01:23:17.400]  of the findings of the administrative hearing court.
[01:23:17.400 --> 01:23:17.920]  Absolutely.
[01:23:17.920 --> 01:23:20.840]  So there could not be a judicial determination
[01:23:20.840 --> 01:23:24.520]  until the administrative determination is done.
[01:23:24.520 --> 01:23:25.520]  I know.
[01:23:25.520 --> 01:23:26.680]  Isn't that funny?
[01:23:26.680 --> 01:23:29.360]  Because the fed say five years ago,
[01:23:29.360 --> 01:23:33.720]  they said in 2006, that an agency or anyone
[01:23:33.720 --> 01:23:39.240]  must exhaust administrative remedies before the court
[01:23:39.240 --> 01:23:40.280]  can hear it.
[01:23:40.280 --> 01:23:48.560]  And the fed use section 26 years, no, five years,
[01:23:48.560 --> 01:23:52.920]  sees section several fixed, the agents, I mean,
[01:23:52.920 --> 01:23:58.520]  the court shall mandatory, the judge has no discretion
[01:23:58.520 --> 01:24:04.480]  to accept to dismiss such a case if they brought it there
[01:24:04.480 --> 01:24:08.800]  because the law says first, as I know,
[01:24:08.800 --> 01:24:10.480]  there's rights versus privileges.
[01:24:10.480 --> 01:24:13.600]  And all the people out of the fourth branch of government,
[01:24:13.600 --> 01:24:15.880]  all this APA, can regulate.
[01:24:15.880 --> 01:24:19.400]  There's people with licenses as per privilege.
[01:24:19.400 --> 01:24:24.080]  And so in that vein, I would say the court had no subject
[01:24:24.080 --> 01:24:25.800]  matter jurisdiction.
[01:24:25.800 --> 01:24:36.800]  So when they asked him to appeal to administrative action,
[01:24:36.800 --> 01:24:38.800]  I'd say they had no jurisdiction either
[01:24:38.800 --> 01:24:42.560]  because the main issue is standing.
[01:24:42.560 --> 01:24:45.840]  That's the most powerful thing that I think we have
[01:24:45.840 --> 01:24:48.720]  is that the opponent of rule has a burden of proof
[01:24:48.720 --> 01:24:50.960]  come forward with substantive evidence
[01:24:50.960 --> 01:24:53.440]  to prove the truth of matter signed under oath
[01:24:53.440 --> 01:24:55.840]  with seal of his notary.
[01:24:55.840 --> 01:24:59.480]  Well, this creates one other big issue, though, Gary.
[01:24:59.480 --> 01:25:02.240]  An administrative proceeding or court
[01:25:02.240 --> 01:25:05.280]  has no authority to overturn or overrule
[01:25:05.280 --> 01:25:07.480]  a judicial determination.
[01:25:07.480 --> 01:25:10.000]  Absolutely none.
[01:25:10.000 --> 01:25:12.920]  He cannot take an appeal to an administrative court
[01:25:12.920 --> 01:25:14.880]  from a judicial finding.
[01:25:14.880 --> 01:25:18.640]  It's utterly legally impossible.
[01:25:18.640 --> 01:25:20.960]  OK, very well.
[01:25:20.960 --> 01:25:21.480]  Go ahead.
[01:25:21.480 --> 01:25:24.600]  What he should do, personal opinion,
[01:25:24.600 --> 01:25:28.400]  is sue the living crap out of the administrative agency
[01:25:28.400 --> 01:25:34.480]  for suspension of the license to begin with because they did it
[01:25:34.480 --> 01:25:37.760]  without any judicial determination.
[01:25:37.760 --> 01:25:41.400]  And if the Administrative Procedures Act was involved,
[01:25:41.400 --> 01:25:43.320]  then the judicial determination was
[01:25:43.320 --> 01:25:46.560]  made without any jurisdiction because there was
[01:25:46.560 --> 01:25:49.040]  no administrative determination.
[01:25:49.040 --> 01:25:53.440]  Yeah, they got it backwards.
[01:25:53.440 --> 01:25:55.560]  Here's the way it works, though.
[01:25:55.560 --> 01:25:57.920]  They'll stop you, and then they want
[01:25:57.920 --> 01:26:01.240]  you to go to an arraignment to plead
[01:26:01.240 --> 01:26:06.320]  guilty, no low, high, low, side, low, or whatever,
[01:26:06.320 --> 01:26:07.480]  to your pleading.
[01:26:07.480 --> 01:26:10.880]  Arraignment, of course, they never
[01:26:10.880 --> 01:26:16.040]  have a free evidentiary hearing before they even
[01:26:16.040 --> 01:26:18.320]  give you to an arraignment.
[01:26:18.320 --> 01:26:25.080]  So anyway, you say, well, I want a jury trial, or whatever.
[01:26:25.080 --> 01:26:29.240]  They'll bound it over to a state court.
[01:26:29.240 --> 01:26:32.880]  Now remember, anybody with licenses
[01:26:32.880 --> 01:26:36.320]  has to go through the license procedure,
[01:26:36.320 --> 01:26:41.360]  and it goes through notice and comment, the whole APA deal,
[01:26:41.360 --> 01:26:44.960]  for licensed people.
[01:26:44.960 --> 01:26:48.160]  But you and I know the true nature of that
[01:26:48.160 --> 01:26:52.760]  is, of course, people with licenses and the state
[01:26:52.760 --> 01:27:00.040]  piggybacks defense, I think it's titled 49.
[01:27:00.040 --> 01:27:04.680]  Yes, so anyway, it can get real complicated like that,
[01:27:04.680 --> 01:27:06.800]  but what I will always tell people,
[01:27:06.800 --> 01:27:11.000]  do this challenge standing, because the burden of proof
[01:27:11.000 --> 01:27:13.880]  is on the proponent, the proponent of a rule
[01:27:13.880 --> 01:27:19.200]  is burden of proof administratively or civilly.
[01:27:19.200 --> 01:27:23.520]  So they don't do that, and you just
[01:27:23.520 --> 01:27:30.240]  put another niche into the pot that the agency failed
[01:27:30.240 --> 01:27:33.440]  to exhaust its administrative remedies plus.
[01:27:33.440 --> 01:27:38.840]  They don't have any regulations, because as the law is written,
[01:27:38.840 --> 01:27:41.360]  it would have to be commercial.
[01:27:41.360 --> 01:27:44.160]  So when it gets into regulation, the notice and comment
[01:27:44.160 --> 01:27:48.160]  procedure, I'm going to give you a real good one
[01:27:48.160 --> 01:27:50.520]  to prove unequivocally.
[01:27:50.520 --> 01:27:53.560]  They have a Georgia move over speed law,
[01:27:53.560 --> 01:27:56.000]  but there are no substantive regulations
[01:27:56.000 --> 01:27:59.360]  in the force of the law, I'll interpret it.
[01:27:59.360 --> 01:28:01.960]  All right, so one other thing I want
[01:28:01.960 --> 01:28:09.960]  to bring about the traffic light, so-called tickets,
[01:28:09.960 --> 01:28:14.440]  is that, well, you said the picture can't take.
[01:28:14.440 --> 01:28:17.760]  I mean, they take a picture, and it's a company up
[01:28:17.760 --> 01:28:21.360]  in Cincinnati, because a man in Georgia called me,
[01:28:21.360 --> 01:28:24.840]  and he got what, and they fined him $70.
[01:28:24.840 --> 01:28:31.880]  And I said, well, hey, contest it and tell him,
[01:28:31.880 --> 01:28:34.760]  on the rule of standing, because no competent fact
[01:28:34.760 --> 01:28:38.520]  witness or personal knowledge that saw you,
[01:28:38.520 --> 01:28:41.520]  and certainly nobody in Cincinnati,
[01:28:41.520 --> 01:28:47.200]  a foreign corporation, has jurisdiction.
[01:28:47.200 --> 01:28:50.800]  And just predicated on a picture.
[01:28:50.800 --> 01:28:55.840]  So you have a right to confront a competent, subscribing
[01:28:55.840 --> 01:28:56.920]  witness.
[01:28:56.920 --> 01:29:01.000]  And testimony comes in three ways, of course, oral,
[01:29:01.000 --> 01:29:03.200]  anything a person gets in the mail,
[01:29:03.200 --> 01:29:05.920]  like we have received paper, yes or no suit.
[01:29:05.920 --> 01:29:10.680]  All of those wheeze, from 2 to 1,000,
[01:29:10.680 --> 01:29:12.360]  you have a right to confrontation,
[01:29:12.360 --> 01:29:14.200]  tell the truth, everything.
[01:29:14.200 --> 01:29:20.520]  Sixth Amendment law is criminal, and rules of evidence,
[01:29:20.520 --> 01:29:22.280]  federal and state.
[01:29:22.280 --> 01:29:26.160]  So my point on that, you made a very good point,
[01:29:26.160 --> 01:29:29.680]  which I do know that point.
[01:29:29.680 --> 01:29:33.360]  They, why did they send this to me?
[01:29:33.360 --> 01:29:36.920]  I'll finish up real quickly after.
[01:29:36.920 --> 01:29:39.160]  OK, Gary, hang on just a minute.
[01:29:39.160 --> 01:29:40.200]  We're about to go to break.
[01:29:40.200 --> 01:29:45.800]  All right, folks, 512-646-1984 is the call-in number.
[01:29:45.800 --> 01:29:47.920]  This is Rule of Law Radio.
[01:29:47.920 --> 01:29:51.840]  If you'll just give us a call, we've got a half an hour left,
[01:29:51.840 --> 01:29:54.640]  two more segments, and we will be right back.
[01:30:00.320 --> 01:30:03.640]  Christ fed them multitudes with only one loaf of bread.
[01:30:03.640 --> 01:30:06.360]  Poor people, there's something for you.
[01:30:06.360 --> 01:30:09.160]  Austin's Own Caribbean, One Love Kitchen,
[01:30:09.160 --> 01:30:10.640]  on the banks of Colorado River.
[01:30:10.640 --> 01:30:12.720]  At 3109 East First Street is where
[01:30:12.720 --> 01:30:16.200]  you'll find One Love Kitchen, jerk chicken, vegetarian.
[01:30:16.200 --> 01:30:18.800]  Restaurant, Monday through Wednesday, lunch and dinner,
[01:30:18.800 --> 01:30:19.720]  $5.
[01:30:19.720 --> 01:30:21.680]  Friday and Saturday, we've got late night
[01:30:21.680 --> 01:30:24.520]  with Emperor Sound Crew, still $5 place.
[01:30:24.520 --> 01:30:28.080]  Jerk chicken and vegetarian place to beat One Love Kitchen,
[01:30:28.080 --> 01:30:31.160]  Austin, Texas.
[01:30:31.160 --> 01:30:33.800]  We all know the world's oil supplies are dwindling,
[01:30:33.800 --> 01:30:36.080]  but there's another shortage that's less well known,
[01:30:36.080 --> 01:30:39.120]  and it could change how you celebrate your next birthday.
[01:30:39.120 --> 01:30:42.640]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[01:30:42.640 --> 01:30:46.560]  Your search engine is watching you, recording all your searches,
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[01:31:12.960 --> 01:31:16.080]  Helium birthday balloons could become a thing of the past.
[01:31:16.080 --> 01:31:19.000]  Like oil, helium is a non-renewable resource,
[01:31:19.000 --> 01:31:21.320]  and we could run out because of an obscure US
[01:31:21.320 --> 01:31:24.600]  law that requires the National Helium Reserve to be sold off
[01:31:24.600 --> 01:31:25.960]  by 2015.
[01:31:25.960 --> 01:31:27.960]  That makes helium super cheap.
[01:31:27.960 --> 01:31:31.320]  For example, today's helium filled balloon that costs $1
[01:31:31.320 --> 01:31:34.280]  should cost about $100 to reflect the scarcity
[01:31:34.280 --> 01:31:36.640]  and the value of its lighter than air gas.
[01:31:36.640 --> 01:31:39.000]  But party balloons are the least of our worries.
[01:31:39.000 --> 01:31:42.400]  Helium is also essential for cooling MRIs in hospitals,
[01:31:42.400 --> 01:31:45.560]  running nuclear power plants, and cleaning out explosive fuel
[01:31:45.560 --> 01:31:46.600]  from rocket ships.
[01:31:46.600 --> 01:31:48.960]  And a list of important uses goes on.
[01:31:48.960 --> 01:31:50.800]  Let's not let it float away.
[01:31:50.800 --> 01:31:52.120]  I'm Dr. Catherine Albrecht.
[01:31:52.120 --> 01:31:55.040]  More news and information at CatherineAlbrecht.com.
[01:31:55.040 --> 01:32:04.800]  Yeah, who you want to chip, who you take me for, free to leave?
[01:32:04.800 --> 01:32:05.880]  What do you want to chip?
[01:32:05.880 --> 01:32:06.840]  Me no free to leave.
[01:32:06.840 --> 01:32:08.440]  You can't chip me.
[01:32:08.440 --> 01:32:09.920]  Almost there.
[01:32:09.920 --> 01:32:11.640]  Don't let them chip you in the morning,
[01:32:11.640 --> 01:32:12.840]  chip you in the evening.
[01:32:12.840 --> 01:32:14.880]  Put a chip in your body.
[01:32:14.880 --> 01:32:17.200]  And then when you go computer reading,
[01:32:17.200 --> 01:32:19.120]  you can't hide me from nobody.
[01:32:19.120 --> 01:32:19.920]  What me say?
[01:32:19.920 --> 01:32:20.880]  Chip, chip in your mom.
[01:32:20.880 --> 01:32:22.400]  Chip in your daddy.
[01:32:22.400 --> 01:32:24.800]  Chip in your grandpa and the granny.
[01:32:24.800 --> 01:32:25.680]  Chip in on me.
[01:32:25.680 --> 01:32:27.200]  Chip in on your baby.
[01:32:27.200 --> 01:32:29.600]  Chip in on your family, whole family.
[01:32:29.600 --> 01:32:32.000]  Chip in on your dad and the kids around me.
[01:32:32.000 --> 01:32:34.400]  Chip in on the beef and you still go eat it.
[01:32:34.400 --> 01:32:36.800]  Chip in on the fish, them all in the sea.
[01:32:36.800 --> 01:32:39.200]  Chip in on the shark and the whale around me.
[01:32:39.200 --> 01:32:41.600]  Do you see mankind gone crazy?
[01:32:41.600 --> 01:32:44.000]  They're connecting and they want to read it.
[01:32:44.000 --> 01:32:46.360]  Social security, they go tell me.
[01:32:46.360 --> 01:32:49.000]  Number when they give me, they repeat up your C.
[01:32:49.000 --> 01:32:50.240]  All right, folks, we are back.
[01:32:50.240 --> 01:32:54.560]  This is Rule of Law Radio, 512-646-1984.
[01:32:54.560 --> 01:32:56.760]  OK, Gary, let's wrap this up real quick,
[01:32:56.760 --> 01:33:00.040]  because we've got a lot of people up and two segments left.
[01:33:00.040 --> 01:33:01.600]  Yes, sir, I sure will.
[01:33:01.600 --> 01:33:05.280]  I just want to stress that in every situation,
[01:33:05.280 --> 01:33:09.320]  whatever you deal with, you have a right to confront witnesses.
[01:33:09.320 --> 01:33:11.240]  They may be out of state.
[01:33:11.240 --> 01:33:13.960]  So there's no subject matter jurisdiction.
[01:33:13.960 --> 01:33:18.160]  Always challenge standing from whoever
[01:33:18.160 --> 01:33:22.120]  who testifies because he's a subscribing witness
[01:33:22.120 --> 01:33:23.400]  if it's in paper.
[01:33:23.400 --> 01:33:25.400]  Thank you very much.
[01:33:25.400 --> 01:33:28.080]  I have other things, but I'll talk to you again, sir.
[01:33:28.080 --> 01:33:29.680]  God bless, bye.
[01:33:29.680 --> 01:33:31.320]  Thank you, Gary.
[01:33:31.320 --> 01:33:34.840]  OK, we have Dennis in Texas, Diane in Texas,
[01:33:34.840 --> 01:33:36.080]  and Sam in Georgia.
[01:33:36.080 --> 01:33:38.960]  We believe Dennis and Diane may be first-time callers.
[01:33:38.960 --> 01:33:40.560]  Dennis, how can we help you?
[01:33:40.560 --> 01:33:41.880]  Yeah, I'm a first-time caller.
[01:33:41.880 --> 01:33:44.280]  Yes, I have a dual problem.
[01:33:44.280 --> 01:33:45.680]  I did receive a ticket.
[01:33:45.680 --> 01:33:50.520]  I was under the presumption at the time that I was speeding.
[01:33:50.520 --> 01:33:53.240]  Because I was busy, I hired a local
[01:33:53.240 --> 01:33:55.320]  lawyer to take care of the ticket, which
[01:33:55.320 --> 01:33:59.440]  was issued in another county of residence.
[01:33:59.440 --> 01:34:01.480]  Paid him a flat fee.
[01:34:01.480 --> 01:34:04.120]  Basically, I'm going to do a pre-judication, no driving
[01:34:04.120 --> 01:34:06.040]  course, I'm willing to pay.
[01:34:06.040 --> 01:34:08.840]  Well, five or six months pass by, nothing happens.
[01:34:08.840 --> 01:34:11.680]  And I get a letter from him saying
[01:34:11.680 --> 01:34:15.200]  it's time to pay the ticket and take the driving course.
[01:34:15.200 --> 01:34:21.360]  And so he did not do what we agreed, number one.
[01:34:21.360 --> 01:34:24.120]  And then, number two, I still have this outstanding problem.
[01:34:24.120 --> 01:34:28.800]  And I've begun to listen to your program from that time to time.
[01:34:28.800 --> 01:34:32.280]  And now I'm thinking, I wish I'd have known this beforehand.
[01:34:32.280 --> 01:34:37.080]  OK, first thing is, what are you saying the agreement is?
[01:34:37.080 --> 01:34:38.720]  The agreement was just a written contract
[01:34:38.720 --> 01:34:42.760]  that he was going to get deferred adjudication
[01:34:42.760 --> 01:34:46.120]  with the traffic court in the county
[01:34:46.120 --> 01:34:48.200]  where the citation was issued.
[01:34:48.200 --> 01:34:49.040]  That did not happen.
[01:34:49.040 --> 01:34:50.680]  OK, but deferred adjudication does not
[01:34:50.680 --> 01:34:52.080]  mean not pay the ticket.
[01:34:52.080 --> 01:34:53.640]  You understand that, right?
[01:34:53.640 --> 01:34:57.280]  It does mean don't have to take the driving course.
[01:34:57.280 --> 01:34:59.560]  No, it doesn't.
[01:34:59.560 --> 01:35:02.080]  As one of the conditions of the deferred adjudication,
[01:35:02.080 --> 01:35:04.040]  the judge can set the fact that you have
[01:35:04.040 --> 01:35:05.120]  to take the driving course.
[01:35:05.120 --> 01:35:07.760]  The judge can do whatever he wants
[01:35:07.760 --> 01:35:10.240]  to keep it off your record if you agree to defer it.
[01:35:10.240 --> 01:35:12.200]  I understand that, but the lawyer
[01:35:12.200 --> 01:35:15.320]  told me he would arrange it so that I
[01:35:15.320 --> 01:35:16.720]  could get the deferred adjudication
[01:35:16.720 --> 01:35:20.360]  without having to take the driving course.
[01:35:20.360 --> 01:35:21.800]  That didn't happen.
[01:35:21.800 --> 01:35:26.360]  OK, so at this point, I'm more concerned
[01:35:26.360 --> 01:35:34.440]  about resolving the issue than I am taking the lawyer to task.
[01:35:34.440 --> 01:35:37.520]  OK, well, what is the issue you say that's still outstanding?
[01:35:37.520 --> 01:35:41.600]  It's a speeding ticket, speeding citation.
[01:35:41.600 --> 01:35:43.120]  And I was driving a personal vehicle.
[01:35:46.520 --> 01:35:49.360]  And yes, I was going over the speed limit
[01:35:49.360 --> 01:35:52.160]  that was posted at the time.
[01:35:52.160 --> 01:35:55.320]  So how do I resolve this issue with the court
[01:35:55.320 --> 01:35:59.400]  without paying $400, $500, $600, $700?
[01:35:59.400 --> 01:36:03.000]  Because now it's gone way over, and the lawyer
[01:36:03.000 --> 01:36:06.160]  is no longer part of this process
[01:36:06.160 --> 01:36:07.720]  as far as the court is concerned.
[01:36:07.720 --> 01:36:10.200]  First off, if he got you deferred adjudication,
[01:36:10.200 --> 01:36:13.080]  why are you paying a citation?
[01:36:13.080 --> 01:36:15.480]  I mean, what do you mean the ticket is still
[01:36:15.480 --> 01:36:16.720]  hanging over your head?
[01:36:16.720 --> 01:36:18.880]  Well, that's all going out the door now, I think.
[01:36:18.880 --> 01:36:22.280]  I've made a call today, and they're saying,
[01:36:22.280 --> 01:36:24.840]  this whole case is still wide open.
[01:36:24.840 --> 01:36:28.160]  There's been five months of no response.
[01:36:28.160 --> 01:36:29.520]  And so they are now paying me.
[01:36:29.520 --> 01:36:32.360]  So your attorney took your money and did nothing.
[01:36:32.360 --> 01:36:34.880]  Essentially, that's true.
[01:36:34.880 --> 01:36:38.720]  OK, but it's not the attorney you want to take the task?
[01:36:38.720 --> 01:36:41.800]  Well, right now, the immediate problem
[01:36:41.800 --> 01:36:45.560]  is getting rid of a, you know, if I don't resolve this
[01:36:45.560 --> 01:36:48.960]  with the court, there will be a warrant issue.
[01:36:48.960 --> 01:36:51.520]  So that's the first thing I need to take care of,
[01:36:51.520 --> 01:36:54.880]  and I'm thinking I'll take care of the lawyer later.
[01:36:54.880 --> 01:36:58.560]  How much is the speeding ticket?
[01:36:58.560 --> 01:36:59.840]  How much is the speeding ticket?
[01:37:03.800 --> 01:37:06.240]  $380.
[01:37:06.240 --> 01:37:07.720]  $380.
[01:37:07.720 --> 01:37:09.040]  What kind of court is this?
[01:37:09.040 --> 01:37:14.880]  Let's see, Justice of the Peace, Precinct Court.
[01:37:14.880 --> 01:37:19.960]  And where did they get $380 from?
[01:37:19.960 --> 01:37:21.600]  I'm reading out on the back, you know,
[01:37:21.600 --> 01:37:23.200]  how the fines are all kind of posted
[01:37:23.200 --> 01:37:24.640]  on the back of the citation.
[01:37:28.480 --> 01:37:30.000]  And depending on the fee here.
[01:37:30.000 --> 01:37:32.920]  Well, the problem is a speeding fine is $200.
[01:37:32.920 --> 01:37:39.880]  The problem is a speeding fine is $200,
[01:37:39.880 --> 01:37:41.560]  unless they've changed something recently
[01:37:41.560 --> 01:37:44.680]  in the statutes that allows it to be posted differently.
[01:37:44.680 --> 01:37:47.280]  OK, there's a few details here I'm not sure.
[01:37:47.280 --> 01:37:50.440]  I cannot answer right now as to why we have $380.
[01:37:50.440 --> 01:37:54.960]  The question is, how do I proceed without the lawyer
[01:37:54.960 --> 01:38:00.120]  as if, I mean, do I go back and proceed in a way that, like,
[01:38:00.120 --> 01:38:02.320]  The first thing you need to do is check the court record
[01:38:02.320 --> 01:38:05.760]  and find out what's in it, which is what your lawyer should
[01:38:05.760 --> 01:38:07.480]  have done.
[01:38:07.480 --> 01:38:12.240]  You need copies of everything that's in that court record.
[01:38:12.240 --> 01:38:17.200]  OK, so get that and send me an email offline.
[01:38:17.200 --> 01:38:22.880]  I need you to scan in whatever you get and send it to me.
[01:38:22.880 --> 01:38:26.040]  And then I can better answer that question.
[01:38:26.040 --> 01:38:28.280]  But whatever you receive from the court,
[01:38:28.280 --> 01:38:29.880]  whatever you got from the officer,
[01:38:29.880 --> 01:38:32.560]  whatever you get out of your records, scan it in
[01:38:32.560 --> 01:38:33.720]  and send it to me.
[01:38:33.720 --> 01:38:36.960]  And I'll see what I can look at and find on it and let you know.
[01:38:36.960 --> 01:38:38.760]  But that's too deep a conversation
[01:38:38.760 --> 01:38:42.080]  at the point you're at for us to resolve in the amount of time
[01:38:42.080 --> 01:38:43.400]  we got here.
[01:38:43.400 --> 01:38:45.000]  I'll be happy to try to help you,
[01:38:45.000 --> 01:38:47.000]  but that's going to require a little bit more
[01:38:47.000 --> 01:38:48.480]  than I can do at the moment.
[01:38:48.480 --> 01:38:50.880]  So we need to handle that offline, OK?
[01:38:50.880 --> 01:38:52.120]  OK.
[01:38:52.120 --> 01:38:53.400]  All right.
[01:38:53.400 --> 01:39:02.520]  My email address is Eddie, E-D-D-I-E, at ruleoflawradio.com.
[01:39:02.520 --> 01:39:03.720]  Thank you.
[01:39:03.720 --> 01:39:05.000]  You're welcome.
[01:39:05.000 --> 01:39:06.000]  Bye bye.
[01:39:06.000 --> 01:39:07.080]  Bye bye.
[01:39:07.080 --> 01:39:09.480]  OK, now we go to Diane.
[01:39:09.480 --> 01:39:11.760]  Diane, what can we do for you?
[01:39:11.760 --> 01:39:13.920]  Well, this question may be for Deborah,
[01:39:13.920 --> 01:39:17.760]  but I'm calling about property taxes.
[01:39:17.760 --> 01:39:25.320]  And I had sent in my first letter to the TCAD
[01:39:25.320 --> 01:39:29.040]  about my property taxes.
[01:39:29.040 --> 01:39:33.760]  And they sent me a letter back saying that I later,
[01:39:33.760 --> 01:39:37.840]  my letter actually said that I was requesting
[01:39:37.840 --> 01:39:41.560]  that you send me a list of all public properties
[01:39:41.560 --> 01:39:43.080]  in Travis County.
[01:39:43.080 --> 01:39:51.480]  I believe that's what I had your radio talk show from then.
[01:39:51.480 --> 01:39:55.360]  It was in September or something.
[01:39:55.360 --> 01:39:58.720]  Anyway, so they sent me a letter back saying,
[01:39:58.720 --> 01:40:00.240]  they're not really sure what I want.
[01:40:00.240 --> 01:40:03.640]  And then they said that if I wanted all the property taxes
[01:40:03.640 --> 01:40:09.920]  in Travis County, I could download it for like $5,
[01:40:09.920 --> 01:40:13.880]  or I can get some kind of copy from them for $55.
[01:40:13.880 --> 01:40:16.800]  Is that correct?
[01:40:16.800 --> 01:40:18.680]  It's my understanding.
[01:40:18.680 --> 01:40:21.040]  I've had this process explained to me once,
[01:40:21.040 --> 01:40:22.800]  but I've never done it.
[01:40:22.800 --> 01:40:26.680]  And I'm having difficulty getting clarification
[01:40:26.680 --> 01:40:29.440]  from the people that first talked to me about this.
[01:40:29.440 --> 01:40:32.560]  But it was my understanding that you asked them
[01:40:32.560 --> 01:40:36.000]  for a list of the public properties.
[01:40:36.000 --> 01:40:37.720]  This has nothing to do with taxes,
[01:40:37.720 --> 01:40:39.640]  but you just asked for a list of the property taxes.
[01:40:39.640 --> 01:40:44.760]  What I meant is that I sent them asking for all public properties
[01:40:44.760 --> 01:40:47.480]  in Travis County.
[01:40:47.480 --> 01:40:49.200]  Right, and then they said that they don't know
[01:40:49.200 --> 01:40:50.920]  what you're talking about?
[01:40:50.920 --> 01:40:56.240]  Yes, they said something about we're not sure what you're at.
[01:40:56.240 --> 01:40:58.800]  The woman that sent me the letter back
[01:40:58.800 --> 01:41:00.280]  said something on the line that she
[01:41:00.280 --> 01:41:01.920]  wasn't sure what I was asking for.
[01:41:01.920 --> 01:41:06.040]  But if I wanted a list of all the public properties,
[01:41:06.040 --> 01:41:10.960]  I could download it, I think, for $5.
[01:41:10.960 --> 01:41:14.280]  And then they had another list for $55.
[01:41:14.280 --> 01:41:17.400]  But I thought that was all public access,
[01:41:17.400 --> 01:41:20.440]  that we could get all that without having to pay for it.
[01:41:20.440 --> 01:41:22.840]  Well, now that part, I don't know.
[01:41:22.840 --> 01:41:25.280]  OK, well, I'm going to continue with this,
[01:41:25.280 --> 01:41:27.920]  because my taxes aren't cheap.
[01:41:27.920 --> 01:41:30.040]  They're up there.
[01:41:30.040 --> 01:41:35.120]  So I was just fixing to turn in my second letter again.
[01:41:35.120 --> 01:41:41.440]  And then after, I have the segment that you were talking on,
[01:41:41.440 --> 01:41:45.360]  and I just keep replaying it and keep typing the letters.
[01:41:45.360 --> 01:41:49.440]  And the third thing is to find a lawyer that will,
[01:41:49.440 --> 01:41:51.840]  I guess, I have to sue.
[01:41:51.840 --> 01:41:56.200]  Yes, or you just have to learn how to do it yourself, pro se.
[01:41:56.200 --> 01:42:00.120]  But basically, the idea is to get your property off
[01:42:00.120 --> 01:42:04.680]  the tax roll and get it declared by a court as private property
[01:42:04.680 --> 01:42:07.680]  instead of real property.
[01:42:07.680 --> 01:42:08.840]  That's the idea.
[01:42:08.840 --> 01:42:13.640]  And so the setup is that you show that it's not
[01:42:13.640 --> 01:42:15.440]  a public property.
[01:42:15.440 --> 01:42:18.920]  And so therefore, you use that to assert the fact
[01:42:18.920 --> 01:42:20.160]  that it's private property.
[01:42:20.160 --> 01:42:22.960]  But again, I can't totally flesh all this out,
[01:42:22.960 --> 01:42:26.480]  because I've had this process explained to me once or twice.
[01:42:26.480 --> 01:42:31.400]  But then somehow, these patriot individuals
[01:42:31.400 --> 01:42:34.440]  that seem to be doing this have disappeared off the map.
[01:42:34.440 --> 01:42:37.000]  And I can't get any more information about it.
[01:42:37.000 --> 01:42:38.040]  Interesting.
[01:42:38.040 --> 01:42:40.680]  And so right now, I'm involved with other things.
[01:42:40.680 --> 01:42:42.240]  I don't have time to track that down.
[01:42:42.240 --> 01:42:43.840]  I know you're busy with a lot of things.
[01:42:43.840 --> 01:42:49.160]  But I'm going to keep trying, because I
[01:42:49.160 --> 01:42:50.200]  may have more questions.
[01:42:50.200 --> 01:42:50.920]  I may call you.
[01:42:50.920 --> 01:42:52.560]  You may not know them, and that's fine.
[01:42:52.560 --> 01:42:54.480]  And then if you do know them, then great.
[01:42:54.480 --> 01:42:57.720]  But I'm going to go ahead and send my second letter.
[01:42:57.720 --> 01:43:01.720]  And the thing is, I just have to keep listening to that segment.
[01:43:01.720 --> 01:43:05.160]  And every time I listen to it, I feel
[01:43:05.160 --> 01:43:09.400]  like it tells me more than what I had already heard.
[01:43:09.400 --> 01:43:10.320]  OK, well, good.
[01:43:10.320 --> 01:43:14.280]  I'm glad that we're able to be of help.
[01:43:14.280 --> 01:43:16.600]  OK, anyway, thank you for your time.
[01:43:16.600 --> 01:43:19.640]  And I'll talk to you later, OK?
[01:43:19.640 --> 01:43:21.680]  OK, thank you, Diane.
[01:43:21.680 --> 01:43:23.680]  OK, keep us posted.
[01:43:23.680 --> 01:43:26.960]  OK, bye-bye.
[01:43:26.960 --> 01:43:30.000]  All right, we got Sam and Georgia up next.
[01:43:30.000 --> 01:43:31.080]  We got one more segment.
[01:43:31.080 --> 01:43:32.640]  We're about to go to break.
[01:43:32.640 --> 01:43:35.320]  So Sam, just hang on the line.
[01:43:35.320 --> 01:43:38.080]  And we will take your call on the other side.
[01:43:38.080 --> 01:43:39.600]  This is a rule of law.
[01:43:39.600 --> 01:43:42.800]  We've got Eddie Craig and Deborah Stevens tonight.
[01:43:42.800 --> 01:43:44.960]  We'll be right back on the other side of the break.
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[01:45:03.240 --> 01:45:06.320]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:38.880 --> 01:45:41.240]  can learn what everyone should understand
[01:45:41.240 --> 01:45:43.440]  about the principles and practices that
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[01:45:48.920 --> 01:45:53.280]  tutorials, forms for civil cases, pro se tactics,
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[01:45:54.480 --> 01:45:58.680]  Please visit ruleoflawradio.com and click on the banner.
[01:45:58.680 --> 01:46:16.760]  Or call toll-free, 866-LAW-EASY.
[01:46:16.760 --> 01:46:20.280]  If you did not have any problem, where
[01:46:20.280 --> 01:46:22.760]  are you going to look for one?
[01:46:22.760 --> 01:46:25.760]  If you could not wait any battle too long,
[01:46:25.760 --> 01:46:28.760]  would you put up a step-by-step?
[01:46:28.760 --> 01:46:31.760]  Such a sentiment, a soldier, a warrior of love.
[01:46:31.760 --> 01:46:34.760]  Scaffolding that keeps it heat.
[01:46:34.760 --> 01:46:37.760]  All they're taking is a misunderstanding.
[01:46:37.760 --> 01:46:39.760]  Somebody calls the police.
[01:46:39.760 --> 01:46:40.760]  Watch when the sparks fly.
[01:46:45.760 --> 01:46:46.760]  Watch when the sparks fly.
[01:46:46.760 --> 01:46:50.760]  Watch when the sparks fly.
[01:46:50.760 --> 01:46:52.760]  Watch when the sparks fly.
[01:46:56.760 --> 01:46:58.760]  Watch when the sparks fly.
[01:47:03.760 --> 01:47:05.760]  The friction is an addiction.
[01:47:05.760 --> 01:47:08.760]  The hard work can leave you cold as nails.
[01:47:08.760 --> 01:47:11.760]  It's been possibly deep torture and cruelty.
[01:47:11.760 --> 01:47:14.760]  The heavy loads are dancing unscathed.
[01:47:14.760 --> 01:47:17.760]  The time is gone and we're so conscious.
[01:47:17.760 --> 01:47:18.760]  All right, folks.
[01:47:18.760 --> 01:47:20.760]  We are back, Rule of Law Radio.
[01:47:20.760 --> 01:47:23.760]  We are in our last segment for this Monday night.
[01:47:23.760 --> 01:47:26.760]  And we have Sam on the line from Georgia.
[01:47:26.760 --> 01:47:28.760]  Sam, what can we do for you?
[01:47:28.760 --> 01:47:32.760]  Just a couple of suggestions.
[01:47:32.760 --> 01:47:35.760]  Let me give you the brief rundown.
[01:47:35.760 --> 01:47:42.760]  Winter Court Friday, it was the situation we're in.
[01:47:42.760 --> 01:47:46.760]  I had demanded a production of documents for just everything
[01:47:46.760 --> 01:47:49.760]  that you can get legally.
[01:47:49.760 --> 01:47:51.760]  And they ignored that.
[01:47:51.760 --> 01:47:54.760]  Then I sent them a notice of default,
[01:47:54.760 --> 01:47:56.760]  3-D opportunity to cure.
[01:47:56.760 --> 01:47:58.760]  They blew that off.
[01:47:58.760 --> 01:48:01.760]  Final notice of default, yada, yada.
[01:48:01.760 --> 01:48:02.760]  So we go to court.
[01:48:02.760 --> 01:48:04.760]  And what kind of case is this?
[01:48:04.760 --> 01:48:06.760]  It's a traffic ticket.
[01:48:06.760 --> 01:48:07.760]  Same kind of deal.
[01:48:07.760 --> 01:48:12.760]  Guy, you know, the cop just comes out of nowhere.
[01:48:12.760 --> 01:48:16.760]  Oh, yeah, I thought you were 53 and a 45 or 61 and a 45.
[01:48:16.760 --> 01:48:20.760]  But it's so nice of him to drop it down to 53 and a 45,
[01:48:20.760 --> 01:48:22.760]  you know, to save me the points.
[01:48:22.760 --> 01:48:23.760]  That's what he says.
[01:48:23.760 --> 01:48:26.760]  And, of course, I know he's a liar because the window of his
[01:48:26.760 --> 01:48:30.760]  car was up and he was already moving in my direction when I
[01:48:30.760 --> 01:48:31.760]  came around the curve.
[01:48:31.760 --> 01:48:33.760]  So, you know, whatever.
[01:48:33.760 --> 01:48:35.760]  Anyway, I signed my name.
[01:48:35.760 --> 01:48:38.760]  And then I signed All Rights Reserved after that.
[01:48:38.760 --> 01:48:41.760]  And he scribbled out the All Rights Reserved part.
[01:48:41.760 --> 01:48:44.760]  So, of course, that makes the whole thing null and void.
[01:48:44.760 --> 01:48:46.760]  Put all that in my paperwork.
[01:48:46.760 --> 01:48:50.760]  Demand and production of documents for his police officer
[01:48:50.760 --> 01:48:54.760]  standards training, course receipt, I mean, certificate,
[01:48:54.760 --> 01:49:01.760]  all the post of office for forensic examination, you know,
[01:49:01.760 --> 01:49:03.760]  all that stuff, standard stuff.
[01:49:03.760 --> 01:49:05.760]  They blew that off.
[01:49:05.760 --> 01:49:07.760]  And so I get to court.
[01:49:07.760 --> 01:49:09.760]  And, of course, I'm the last one called.
[01:49:09.760 --> 01:49:11.760]  Suspicious, I know.
[01:49:11.760 --> 01:49:15.760]  So what else is suspicious is the judge that I'm supposed to
[01:49:15.760 --> 01:49:20.760]  see is not there, neither is the prosecutor, the solicitor.
[01:49:20.760 --> 01:49:23.760]  There's some young guy that looks like he just started
[01:49:23.760 --> 01:49:28.760]  shaving and, you know, he immediately starts threatening
[01:49:28.760 --> 01:49:30.760]  me and blah, blah, blah.
[01:49:30.760 --> 01:49:34.760]  You read UCC1, I said, you know what, we're not even going
[01:49:34.760 --> 01:49:37.760]  to go there, big guy, because I'm pretty sure I'm more
[01:49:37.760 --> 01:49:40.760]  intimate with the UCC than you are.
[01:49:40.760 --> 01:49:43.760]  And he says, well, do you understand what the...
[01:49:43.760 --> 01:49:47.760]  I said, you know what, neither do I understand nor do I
[01:49:47.760 --> 01:49:49.760]  stand under.
[01:49:49.760 --> 01:49:53.760]  And, oh, my gosh, his face just went white.
[01:49:53.760 --> 01:49:55.760]  Now, this was a black guy.
[01:49:55.760 --> 01:49:57.760]  He was kind of pale.
[01:49:57.760 --> 01:50:00.760]  So he just walked away mumbling, you know, and I said,
[01:50:00.760 --> 01:50:02.760]  well, that's really interesting.
[01:50:02.760 --> 01:50:06.760]  And, of course, I wasn't last at that time.
[01:50:06.760 --> 01:50:08.760]  This was one of those deals where he called me to the side
[01:50:08.760 --> 01:50:09.760]  bar.
[01:50:09.760 --> 01:50:11.760]  There were probably 20, 25 people left.
[01:50:11.760 --> 01:50:16.760]  But, of course, by this time, I've made myself known that I'm
[01:50:16.760 --> 01:50:21.760]  not going to be a sheeple and just, you know, yeah, I'm Sam
[01:50:21.760 --> 01:50:22.760]  Gagley.
[01:50:22.760 --> 01:50:25.760]  I'm volunteering to your jurisdiction.
[01:50:25.760 --> 01:50:27.760]  Okay, Sam, hang on a second.
[01:50:27.760 --> 01:50:29.760]  Is there a question in this anywhere?
[01:50:29.760 --> 01:50:31.760]  Yes, yes, I'm getting to it.
[01:50:31.760 --> 01:50:36.760]  Meanwhile, the other district, I mean, the prosecutor, the big
[01:50:36.760 --> 01:50:40.760]  gun who was allegedly handling the situation from the
[01:50:40.760 --> 01:50:44.760]  beginning just shows up about 1 o'clock.
[01:50:44.760 --> 01:50:49.760]  And so finally he comes to the bar there, and I'm at the front
[01:50:49.760 --> 01:50:51.760]  of the gallery.
[01:50:51.760 --> 01:50:52.760]  And he says, who are you?
[01:50:52.760 --> 01:50:53.760]  I said, I'm Sam.
[01:50:53.760 --> 01:50:55.760]  Then he says, Sam who?
[01:50:55.760 --> 01:50:58.760]  I said, I'm just Sam, friend of the court, you know.
[01:50:58.760 --> 01:51:01.760]  Then he starts yelling at me because if you don't tell me
[01:51:01.760 --> 01:51:04.760]  your name, I'm going to have the judge swear out a warrant for
[01:51:04.760 --> 01:51:05.760]  your arrest.
[01:51:05.760 --> 01:51:08.760]  I said, well, I think you should just leave that up to the
[01:51:08.760 --> 01:51:09.760]  judge.
[01:51:09.760 --> 01:51:11.760]  And he just wanders off.
[01:51:11.760 --> 01:51:14.760]  So finally we get to the, the judge calls me up.
[01:51:14.760 --> 01:51:18.760]  And I said, Madam, I do not wish to volunteer into your
[01:51:18.760 --> 01:51:21.760]  jurisdiction by entering a plea because I have entered a
[01:51:21.760 --> 01:51:25.760]  challenge to jurisdiction in this matter.
[01:51:25.760 --> 01:51:26.760]  And she goes, oh, you have?
[01:51:26.760 --> 01:51:27.760]  I said, yes, ma'am.
[01:51:27.760 --> 01:51:34.760]  Now, this man who calls himself the assistant solicitor has
[01:51:34.760 --> 01:51:38.760]  threatened to have me arrested if I do not enter a plea in
[01:51:38.760 --> 01:51:40.760]  volunteering to your jurisdiction.
[01:51:40.760 --> 01:51:44.760]  Now, it's my understanding of the law that once challenge to
[01:51:44.760 --> 01:51:49.760]  jurisdiction is made, you know, that has to be adjudicated.
[01:51:49.760 --> 01:51:50.760]  She said, you're right.
[01:51:50.760 --> 01:51:52.760]  However, you know, yada, yada, yada.
[01:51:52.760 --> 01:51:53.760]  So we move on.
[01:51:53.760 --> 01:51:55.760]  She says, look, it's not my case.
[01:51:55.760 --> 01:51:56.760]  I'm just substituting.
[01:51:56.760 --> 01:52:01.760]  I feel it's fair that I don't make a motion.
[01:52:01.760 --> 01:52:05.760]  Let's set you a hearing for the challenge to jurisdiction.
[01:52:05.760 --> 01:52:07.760]  And how I challenged it was, of course,
[01:52:07.760 --> 01:52:10.760]  the fact that I signed the citation,
[01:52:10.760 --> 01:52:12.760]  then the officer altered it.
[01:52:12.760 --> 01:52:15.760]  Now, in Georgia, he has committed several felonies.
[01:52:15.760 --> 01:52:18.760]  That doesn't even count the federal ones.
[01:52:18.760 --> 01:52:19.760]  Okay?
[01:52:19.760 --> 01:52:22.760]  Now, here's my question.
[01:52:22.760 --> 01:52:23.760]  Am I right?
[01:52:23.760 --> 01:52:25.760]  They have no standing.
[01:52:25.760 --> 01:52:26.760]  Okay?
[01:52:26.760 --> 01:52:32.760]  In other words, like Rain V. Bird and on and on,
[01:52:32.760 --> 01:52:37.760]  the crux of the matter to grant a court jurisdiction is what?
[01:52:37.760 --> 01:52:39.760]  Standing.
[01:52:39.760 --> 01:52:41.760]  Am I wrong or right?
[01:52:41.760 --> 01:52:42.760]  You're wrong.
[01:52:42.760 --> 01:52:45.760]  Standing is not what grants jurisdiction to the court.
[01:52:45.760 --> 01:52:51.760]  It's what gives standing to one of the parties to pursue the action.
[01:52:51.760 --> 01:52:53.760]  Standing is not a part of the court.
[01:52:53.760 --> 01:53:00.760]  It's part of either the prosecution or the defense, one side or the other.
[01:53:00.760 --> 01:53:05.760]  Does the party have standing to bring it before the court?
[01:53:05.760 --> 01:53:11.760]  The issue regarding the court is one of jurisdiction, not of standing.
[01:53:11.760 --> 01:53:12.760]  All right.
[01:53:12.760 --> 01:53:15.760]  I understand. I didn't elucidate that clearly.
[01:53:15.760 --> 01:53:17.760]  Basically, cart before the horse.
[01:53:17.760 --> 01:53:19.760]  That's what's happening in this case.
[01:53:19.760 --> 01:53:21.760]  They have not proven standing.
[01:53:21.760 --> 01:53:24.760]  In fact, they have admitted that they have lack of standing
[01:53:24.760 --> 01:53:25.760]  because of my paperwork.
[01:53:25.760 --> 01:53:30.760]  However, neither the young assistant for the big gun
[01:53:30.760 --> 01:53:33.760]  nor the judge have seen my paperwork.
[01:53:33.760 --> 01:53:38.760]  So I had to stand patiently finally while the judge actually did read
[01:53:38.760 --> 01:53:41.760]  apparently every page of my paperwork.
[01:53:41.760 --> 01:53:45.760]  I said, you know, Sam, you have a good point here,
[01:53:45.760 --> 01:53:49.760]  but I don't think it's fair that I make a ruling on this
[01:53:49.760 --> 01:53:51.760]  because it's actually not my case.
[01:53:51.760 --> 01:53:55.760]  So I'm going to set you a jurisdictional motion hearing
[01:53:55.760 --> 01:53:57.760]  to hear this jurisdiction.
[01:53:57.760 --> 01:54:02.760]  What I'm saying is that I should not be called into this court at all,
[01:54:02.760 --> 01:54:05.760]  A, because they've defaulted on everything.
[01:54:05.760 --> 01:54:09.760]  They failed utterly to give me anything that I demanded
[01:54:09.760 --> 01:54:12.760]  in the introduction of documents under discovery
[01:54:12.760 --> 01:54:15.760]  because I don't even know if this officer,
[01:54:15.760 --> 01:54:19.760]  not only the officer but even the prosecutor over there
[01:54:19.760 --> 01:54:21.760]  on the other side of the aisle,
[01:54:21.760 --> 01:54:24.760]  I don't even know if this guy is legally standing in this position,
[01:54:24.760 --> 01:54:26.760]  which, of course, I got on the record.
[01:54:26.760 --> 01:54:28.760]  I did get that much.
[01:54:28.760 --> 01:54:32.760]  Actually, the prosecutor didn't look too pleased when I raised that issue.
[01:54:32.760 --> 01:54:38.760]  In other words, I'm just saying straight out they don't have standing.
[01:54:38.760 --> 01:54:41.760]  We can't even really get to the jurisdictional issue
[01:54:41.760 --> 01:54:47.760]  because the state has not even proved that they have legal standing.
[01:54:47.760 --> 01:54:51.760]  So how can anybody say, oh, the court, you know,
[01:54:51.760 --> 01:54:54.760]  because the court always assumes jurisdiction unless you rebut that,
[01:54:54.760 --> 01:54:57.760]  which I've also done in my paperwork.
[01:54:57.760 --> 01:55:01.760]  So, you know, bottom line, where should I go from here?
[01:55:01.760 --> 01:55:04.760]  You see, because they're just running over me.
[01:55:04.760 --> 01:55:07.760]  They're acting like I'm standing there talking to the wall,
[01:55:07.760 --> 01:55:08.760]  except the judge.
[01:55:08.760 --> 01:55:12.760]  I did actually give her some credit for paying a little bit of attention,
[01:55:12.760 --> 01:55:16.760]  but this, you know, I mean, this assistant prosecutor,
[01:55:16.760 --> 01:55:21.760]  solicitor, actually threatened me, you know, just right in public,
[01:55:21.760 --> 01:55:25.760]  I will have you arrested if you don't, you know, make a plea today.
[01:55:25.760 --> 01:55:26.760]  You're here to plead.
[01:55:26.760 --> 01:55:27.760]  I'm like, I'm not here to plead.
[01:55:27.760 --> 01:55:32.760]  I'm here to discuss jurisdiction because you people don't even,
[01:55:32.760 --> 01:55:37.760]  you don't have, you have no case because the basis for your charge
[01:55:37.760 --> 01:55:42.760]  is null and void on its face because once I sign that certificate
[01:55:42.760 --> 01:55:46.760]  and that officer altered it, I mean, that certificate, you know, citation,
[01:55:46.760 --> 01:55:49.760]  once that officer altered it, what?
[01:55:49.760 --> 01:55:53.760]  Is that not null and void or am I wrong on that?
[01:55:53.760 --> 01:55:58.760]  Well, it really depends on what the purpose of the instrument is.
[01:55:58.760 --> 01:56:00.760]  It's a citation.
[01:56:00.760 --> 01:56:01.760]  No, I know what it is.
[01:56:01.760 --> 01:56:07.760]  I'm saying what the laws in your particular state clarify that it is or isn't.
[01:56:07.760 --> 01:56:12.760]  Well, if it was a contract and that was done, that would be one thing.
[01:56:12.760 --> 01:56:18.760]  If it's a valid charging instrument in your state, that would be another thing.
[01:56:18.760 --> 01:56:22.760]  And if it's just a piece of paper used to base the complaint on,
[01:56:22.760 --> 01:56:28.760]  that's still yet another thing as to whether or not his scribbling on it
[01:56:28.760 --> 01:56:30.760]  did anything at all.
[01:56:30.760 --> 01:56:37.760]  The issue here comes back to the threats from what serves as your prosecutor.
[01:56:37.760 --> 01:56:39.760]  Yeah, I agree on that now.
[01:56:39.760 --> 01:56:42.760]  When they threaten you, the first thing out of your mouth should be,
[01:56:42.760 --> 01:56:47.760]  are you threatening a witness to a criminal case?
[01:56:47.760 --> 01:56:49.760]  Actually, I did say are you threatening me.
[01:56:49.760 --> 01:56:52.760]  However, quite conveniently, while he was threatening me,
[01:56:52.760 --> 01:56:56.760]  the judge had taken leave to go to the restroom for 10 minutes.
[01:56:56.760 --> 01:57:00.760]  He probably wouldn't have opened his mouth if they were in there to begin with.
[01:57:00.760 --> 01:57:01.760]  Exactly.
[01:57:01.760 --> 01:57:06.760]  But I did get that, believe it or not, I did get that on the record.
[01:57:06.760 --> 01:57:09.760]  And the little typist, I mean that little lady, the court reporter,
[01:57:09.760 --> 01:57:11.760]  was just flying fingers.
[01:57:11.760 --> 01:57:12.760]  She was typing everywhere.
[01:57:12.760 --> 01:57:16.760]  She even said, hold on, hold on, y'all are talking over each other.
[01:57:16.760 --> 01:57:18.760]  And so I was very impressed.
[01:57:18.760 --> 01:57:20.760]  She was keeping a record when the judge was not in the room?
[01:57:20.760 --> 01:57:23.760]  No, this was while I got in front.
[01:57:23.760 --> 01:57:26.760]  Yeah, no, because when the judge wasn't in the room,
[01:57:26.760 --> 01:57:29.760]  that's when all the stuff hit the fan.
[01:57:29.760 --> 01:57:31.760]  And I even said, are you threatening me?
[01:57:31.760 --> 01:57:34.760]  And I even called him, which was probably a little out of line.
[01:57:34.760 --> 01:57:36.760]  I said, let me tell you something, big guy.
[01:57:36.760 --> 01:57:41.760]  You better walk your ass over there and read my paperwork before you start threatening me.
[01:57:41.760 --> 01:57:45.760]  And then all of a sudden the judge comes back in and everybody is all smiles.
[01:57:45.760 --> 01:57:50.760]  Oh, we called the case of State v. Sam Gagliano.
[01:57:50.760 --> 01:57:54.760]  So I go up there and I said, Your Honor, I do not wish, you know,
[01:57:54.760 --> 01:57:55.760]  actually I was outside the bar.
[01:57:55.760 --> 01:57:58.760]  I said, I'm not here to make a plea today.
[01:57:58.760 --> 01:57:59.760]  And I told her the whole story.
[01:57:59.760 --> 01:58:04.760]  And she said, look, let's keep this private, which surprised me.
[01:58:04.760 --> 01:58:05.760]  I hear the music.
[01:58:05.760 --> 01:58:06.760]  You know what?
[01:58:06.760 --> 01:58:11.760]  I'll call you guys Thursday night because I want to get some more advice on that.
[01:58:11.760 --> 01:58:13.760]  Okay, Sam, well, thanks for calling in.
[01:58:13.760 --> 01:58:14.760]  All right, bye-bye.
[01:58:14.760 --> 01:58:17.760]  Bye-bye.
[01:58:17.760 --> 01:58:19.760]  All right, folks, this has been Rule of Law Radio.
[01:58:19.760 --> 01:58:24.760]  Eddie Craig, Deborah Stevens, Randy Kelton, thank you so much for listening and for all the calls.
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[01:59:17.760 --> 01:59:19.760]  Thank you.
[01:59:47.760 --> 01:59:49.760]  Thank you.