ROL_2011-02-18_16k_Hr3-4.timecode

[00:00.000 --> 00:04.500]  This news brief brought to you by the International News Net.
[00:04.500 --> 00:10.380]  Thousands of Iraqis, inspired by revolutions in Egypt and Tunisia, rallied Friday against
[00:10.380 --> 00:14.140]  corruption, poor basic services, and high unemployment.
[00:14.140 --> 00:20.340]  In Basra, protesters blocked a bridge and called on the provincial government to resign.
[00:20.340 --> 00:25.420]  Protester Khair Jabbar said, quote, we're living in miserable conditions, no electricity,
[00:25.420 --> 00:27.100]  dirty, muddy streets.
[00:27.100 --> 00:28.540]  We have to make changes.
[00:28.540 --> 00:31.420]  We should not be silent.
[00:31.420 --> 00:36.620]  Thousands gathered for a Friday of victory and continuation in Cairo's Tahrir Square,
[00:36.620 --> 00:40.540]  marking one week since Hosni Mubarak was overthrown.
[00:40.540 --> 00:44.020]  Activists vowed to keep up the pressure on the interim government until all their demands
[00:44.020 --> 00:47.380]  were met, including the release of political prisoners.
[00:47.380 --> 00:50.260]  Workers across Egypt continued to strike.
[00:50.260 --> 00:56.460]  Afghan villagers, whose homes were destroyed by the US military last October, are disputing
[00:56.460 --> 00:58.940]  the military's account of the demolition.
[00:58.940 --> 01:04.540]  Major General James Terry alleged the homes systematically destroyed by US forces in Kandahar
[01:04.540 --> 01:10.460]  province, quote, were abandoned, emptied, and wired with ingenious arrays of bombs.
[01:10.460 --> 01:15.420]  Local villagers say they were only temporarily away from their homes.
[01:15.420 --> 01:20.420]  In Manama, Bahrain, at least two people were killed early Thursday as hundreds of heavily
[01:20.420 --> 01:25.860]  armed riot police rushed without warning, firing tear gas and concussion grenades at
[01:25.860 --> 01:28.700]  thousands of sleeping demonstrators in Pearl Square.
[01:28.700 --> 01:32.860]  Men, women, and children ran screaming, choking, and collapsing.
[01:32.860 --> 01:36.860]  Tens of thousands of people had poured into the square during the day, giving rousing
[01:36.860 --> 01:40.660]  speeches and pressing demands for a constitutional democracy.
[01:40.660 --> 01:46.300]  The protest began Monday when young organizers called for a day of rage modeled on the uprisings
[01:46.300 --> 01:48.100]  in Egypt and Tunisia.
[01:48.100 --> 01:53.020]  On that day, police refused to allow demonstrators to gather, overwhelming them with tear gas
[01:53.020 --> 01:54.540]  and other rounds.
[01:54.540 --> 01:59.300]  That galvanized the opposition, and under pressure from the US, the king withdrew police from
[01:59.300 --> 02:00.300]  the streets.
[02:00.300 --> 02:05.500]  The royal family is sunny, while the majority of the nation's 600,000 citizens are Shiite,
[02:05.500 --> 02:10.580]  who have long complained of being marginalized and discriminated against.
[02:10.580 --> 02:17.460]  Sit-ins by workers and students and stalling tactics by state Democrats halted a vote Thursday
[02:17.460 --> 02:23.740]  on an anti-union bill promoted by Wisconsin Republican Governor Scott Walker.
[02:23.740 --> 02:28.580]  Democrats in the state Senate refused to show up, vowing to prevent any action until Walker
[02:28.580 --> 02:30.260]  dropped his plan.
[02:30.260 --> 02:35.420]  Walker's plan to eliminate collective bargaining rights for unions and take away their ability
[02:35.420 --> 02:39.500]  to collect dues would have no impact on the state's budget.
[02:39.500 --> 02:45.900]  Last month, the state legislature granted $117 million in tax breaks, mostly for business
[02:45.900 --> 02:48.820]  expansion and private health savings accounts.
[02:48.820 --> 02:55.260]  However, Wisconsin's Legislative Fiscal Bureau showed that but for those tax giveaways, the
[02:55.260 --> 02:56.260]  state would have a surplus.
[02:56.260 --> 03:01.260]  For more details on these stories, visit INNWorldRecord.net.
[03:01.260 --> 03:13.100]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free
[03:13.100 --> 03:20.100]  speech talk radio at its best.
[03:43.100 --> 04:02.100]  We are originators and the pathway seems to get straighter every day, and I can take anything
[04:02.100 --> 04:11.100]  that belongs to me and put it to good use.
[04:11.100 --> 04:30.100]  I know some architects, I know some engineers, they see the evidence, they know a certain
[04:30.100 --> 04:31.100]  thing's queer.
[04:31.100 --> 04:32.100]  What's up with the blatant deception?
[04:32.100 --> 04:34.100]  What is the nature of what you might gain?
[04:34.100 --> 04:38.900]  Alright folks, we are back and I've been sitting quietly by, but now we're getting into an
[04:38.900 --> 04:44.300]  area that I'm more or less familiar with here, so I'm going to start off with introducing
[04:44.300 --> 04:46.700]  how we're going to deal with this.
[04:46.700 --> 04:49.820]  Basically those of you that have been paying attention to us for the last year and a half
[04:49.820 --> 04:54.540]  or so or two years that I've been on here just about, dealing with the traffic issues
[04:54.540 --> 04:59.100]  and stuff, you know very well that the things that I've taught you is that the entire code
[04:59.100 --> 05:05.980]  is commercial in nature, always has been, can't be anything else.
[05:05.980 --> 05:10.860]  A lot of what Harmon has talked about tonight has gone a long way to show exactly how and
[05:10.860 --> 05:13.140]  why that has applied.
[05:13.140 --> 05:18.300]  For instance, we know the federal bases everything that they're able to do on a commercial nexus.
[05:18.300 --> 05:25.140]  Well, the transportation codes in every state are based on the federal code, Title 49, which
[05:25.140 --> 05:31.940]  creates that commercial nexus of regulation within the state for the purposes of commerce.
[05:31.940 --> 05:36.900]  The states have acquiesced to it, they've suckered us into going along with it and here
[05:36.900 --> 05:41.580]  for we find ourselves under their thumb when it comes to you got it, you got it, you got
[05:41.580 --> 05:42.580]  it.
[05:42.580 --> 05:49.380]  What I'd like to go over with Harmon is some of the things that he has ideas about on it,
[05:49.380 --> 05:54.540]  some of the points he may have made in cases that he's dealt with and so on and so forth,
[05:54.540 --> 05:58.700]  and some of the issues that I teach people about dealing with it as well.
[05:58.700 --> 06:03.340]  So Harmon, for whatever experience you've got in this area, either in court or otherwise,
[06:03.340 --> 06:09.380]  please give us a set up on exactly what that is.
[06:09.380 --> 06:15.780]  The court experience I have is a specific personal experience, is a no driver's license
[06:15.780 --> 06:17.900]  ticket.
[06:17.900 --> 06:25.060]  The motive on the no driver's license for me was sparked by this insane concept of the
[06:25.060 --> 06:32.660]  real I.D. and in checking into all of that, what one finds is the New World Order thing
[06:32.660 --> 06:39.860]  and right now the next stage for America being the North America Union, Canada, U.S. and
[06:39.860 --> 06:52.260]  Mexico being one commercial zone, the question is can a God-fearing individual go there?
[06:52.260 --> 07:01.880]  And the answer is no, it is not consistent with the obligation to one's creator to join
[07:01.880 --> 07:08.060]  a church that exists to defy the creator's standards, it just doesn't make any sense.
[07:08.060 --> 07:15.300]  So there's the transportation side of the driver's license but far, far, far more wicked
[07:15.300 --> 07:25.380]  from my point of view is the compelled political association through the I.D. function of the
[07:25.380 --> 07:26.380]  driver's license.
[07:26.380 --> 07:31.900]  The, and I'm sure you've talked about it, the driver's license is something that's
[07:31.900 --> 07:37.220]  needed for commercial purposes, no one needs it for that, they need it to cash checks at
[07:37.220 --> 07:38.220]  the bank.
[07:38.220 --> 07:41.140]  So what's the association there?
[07:41.140 --> 07:49.020]  The association is the I.D. feature and it's purely voluntary, you don't have to be a driver,
[07:49.020 --> 07:55.340]  you don't have to volunteer to be a member of church of, state of, fill in the blank,
[07:55.340 --> 08:01.500]  here state of Texas, don't have to be purely voluntary, they can make it real difficult
[08:01.500 --> 08:09.060]  if you don't volunteer but it's a practical matter and so the motive for me on this issue
[08:09.060 --> 08:13.260]  isn't so much the transportation side, that's a huge part of it, that's the key part of
[08:13.260 --> 08:19.680]  the defense but the motive here has everything to do with whether one is going to get suckered
[08:19.680 --> 08:26.260]  into being politically aligned, politically affiliated with the New World Order through
[08:26.260 --> 08:31.620]  this next stage of the North America Union which they're trying to do through the real
[08:31.620 --> 08:38.460]  I.D. act and they're not doing it through the I.D., they're through the national bank,
[08:38.460 --> 08:44.340]  they're doing it through the driver's license, there's several states already converted over,
[08:44.340 --> 08:54.580]  so anyway that's the motive for it, the study for it comes down to six key terms, there's
[08:54.580 --> 09:01.900]  six key terms in the traffic related statutes that we've got to know and we've got to know
[09:01.900 --> 09:08.900]  that it's very semantic oriented, driver is not a generic term, driver is a very specific
[09:08.900 --> 09:17.060]  commercial term and coming up with alternatives like traveler in charge or traveler behind
[09:17.060 --> 09:23.340]  the wheel, it gets kind of cumbersome to come up with alternatives because we've used the
[09:23.340 --> 09:29.220]  statutory terms, the commercial terms as generic terms like Xerox used to be a company, well
[09:29.220 --> 09:34.940]  then it became a photocopy, Xerox make a Xerox copy, burn a Xerox copy, well it could be
[09:34.940 --> 09:42.660]  any company doing it, but this is how driver is, it's generic in use but it's not generic
[09:42.660 --> 09:53.100]  in meaning, so anyway six key terms, six key terms, transportation, vehicle, driver, motor
[09:53.100 --> 10:02.940]  vehicle, operator and this state, if we will learn six key terms we'll be able successfully
[10:02.940 --> 10:09.900]  to defend ourselves against any of the basic tickets that people are entering the debate
[10:09.900 --> 10:16.740]  to fight, transportation is the key, transportation is a term that's not defined in the transportation
[10:16.740 --> 10:21.220]  code and that should be all we need to know, it's not that there's no definition, there
[10:21.220 --> 10:27.740]  is a definition but it's not found in transportation code, that should tell us something, why don't
[10:27.740 --> 10:34.540]  they define the purpose for the code in the code because if we understood it we wouldn't
[10:34.540 --> 10:40.180]  go there, we wouldn't be tricked by it, so they hide transportation, they play statutory
[10:40.180 --> 10:45.980]  algebra games with us, substitution you know, they substitute in, so transportation isn't
[10:45.980 --> 10:49.500]  ever really found in the statutes, what's found in the statutes, vehicles found in some
[10:49.500 --> 10:55.860]  of them, I call it word smithing, word smithing is good, yeah hiding the sausage is good,
[10:55.860 --> 11:02.380]  they yeah and I use those descriptions when they use terms within terms, I call those
[11:02.380 --> 11:07.420]  compound definitions, compound definition, motor vehicle is one of those, yes vehicle
[11:07.420 --> 11:14.460]  brings in the term transportation, what's a vehicle, a conveyance used for transportation,
[11:14.460 --> 11:20.340]  if it's not being used for transportation guess what, it's not a vehicle, we hear vehicle
[11:20.340 --> 11:28.700]  on TV ads for insurance, we hear vehicle on TV ads for defense, defense law services,
[11:28.700 --> 11:32.060]  we hear vehicle out of the police officers all the time, they're trained to use term
[11:32.060 --> 11:37.740]  vehicle, we don't want to go there, what we have is a conveyance, if we have a vehicle
[11:37.740 --> 11:42.900]  and if we say we have a vehicle and if we agree to the use of the term vehicle in court,
[11:42.900 --> 11:48.860]  what did we just consent to, transportation, if we're not in transportation then we're
[11:48.860 --> 11:55.620]  traveling, there's only two choices, transportation has everything to do with, here's the definition,
[11:55.620 --> 12:01.820]  removing people and or property from here to there for profit or hire under the choice
[12:01.820 --> 12:06.220]  of law of the place called this state, that's transportation, that's transportation, removing
[12:06.220 --> 12:09.940]  people and or property from here to there for profit or hire under the choice of law
[12:09.940 --> 12:15.060]  of the place called this state, if that's not what we're doing then we're traveling,
[12:15.060 --> 12:18.580]  why, because that's the two choices, it's one or the other, it's like law of the land
[12:18.580 --> 12:24.260]  or law of the sea, it's one or the other, it's either traveling or transportation, traveling
[12:24.260 --> 12:28.900]  or transportation, what's transportation, well we just defined it, what's a vehicle,
[12:28.900 --> 12:35.060]  a conveyance used for transportation, that's easy, okay what's a driver, person behind
[12:35.060 --> 12:39.340]  the wheel of the vehicle, driver is a compound definition to use your term if your audience
[12:39.340 --> 12:44.100]  is used to that, they were talking about compound definitions, I call it statutory algebra,
[12:44.100 --> 12:49.140]  they're substituting in all the time, if we substitute, if we substituted and filled
[12:49.140 --> 12:53.900]  in the definitions then driver would include the term vehicle, the vehicle would include
[12:53.900 --> 13:00.540]  the term transportation, so what's a driver, person behind the wheel of a conveyance used
[13:00.540 --> 13:04.020]  to remove people and or property from here to there for profit or hire under the choice
[13:04.020 --> 13:07.660]  of law of the place called this state, we don't find that definition and they don't
[13:07.660 --> 13:13.300]  use that definition, they contract it, that's why they play the game this way, the compound
[13:13.300 --> 13:20.220]  definition game, the perfectly good description of it, okay, so what's a driver, someone engaged
[13:20.220 --> 13:24.900]  in transportation, if we're not in transportation then no vehicle, if we're not in transportation
[13:24.900 --> 13:30.300]  then no driver, what's a motor vehicle, a vehicle with a motor, what's a vehicle, conveyance
[13:30.300 --> 13:37.300]  used for transportation, if we're not in transportation then no motor vehicle, what's an operator,
[13:37.300 --> 13:44.260]  typically in a disciplined code, the operator is the person behind the wheel of a motor
[13:44.260 --> 13:49.820]  vehicle, Texas doesn't do it that way, in Texas it's reversed from what it normally
[13:49.820 --> 13:54.940]  is, operator is the one that can be vehicle or motor vehicle and driver technically is
[13:54.940 --> 13:59.540]  behind the wheel of a motor vehicle, in Texas, that's not a discipline code, they kind of
[13:59.540 --> 14:06.540]  mixed and matched this and turned the model code on its ear, but we can get into the details
[14:06.540 --> 14:10.900]  of that in application, the point here is just to run through the terms to show, to
[14:10.900 --> 14:14.900]  illustrate, which you've probably covered with them a lot, which is the compound definition
[14:14.900 --> 14:20.140]  thing and how this works, and everything goes, why do we do this, everything goes back to
[14:20.140 --> 14:25.660]  transportation, transportation is the key, transportation is hidden in these definitions,
[14:25.660 --> 14:29.980]  so when the question comes up, were you driving, well if the answer is yes, guess what, just
[14:29.980 --> 14:36.580]  confess to transportation, just confess to consenting to being regulated, so the commercial
[14:36.580 --> 14:44.220]  nexus is both made and breached instantly when these six terms are consented to, okay,
[14:44.220 --> 14:49.860]  transportation, vehicle, driver, motor vehicle, operator, operator party behind the wheel
[14:49.860 --> 14:55.820]  of a motor vehicle, what's a motor vehicle, conveyance, vehicle with a motor, what's a
[14:55.820 --> 15:00.620]  vehicle, conveyance used for transportation, okay, that's operator, this state's a little
[15:00.620 --> 15:04.900]  different, we covered this state in the first hour, let's go over it again, what is this
[15:04.900 --> 15:09.380]  state, there's no definition for this state, just like there's no definition for transportation,
[15:09.380 --> 15:13.460]  there's no definition for this state, what is this state, it's not Texas, we read it
[15:13.460 --> 15:17.540]  in the Texas code, doesn't have anything to do with Texas, doesn't have anything to do
[15:17.540 --> 15:22.460]  with any state, we'll read the state code, what is this state, this state is a huge place,
[15:22.460 --> 15:29.300]  the picture of land mass of 48 contiguous states plus DC, plus Alaska, Hawaii, American
[15:29.300 --> 15:35.300]  Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands and all the rest of the
[15:35.300 --> 15:44.500]  territories and protectors, picture that land mass, now above that land mass picture a clear
[15:44.500 --> 15:49.540]  acrylic layer hovering above the land 25 feet, there's nothing magic about 25 feet, it's
[15:49.540 --> 15:54.860]  just if we're looking at something 25 feet in the air, we're looking up most of the time,
[15:54.860 --> 15:59.940]  if we're looking at something 25 feet in the air, we're looking up, if we're looking in
[15:59.940 --> 16:05.380]  the air, we're looking into a maritime jurisdictional zone, law of the sea applies to the water
[16:05.380 --> 16:15.940]  or the air, so that's why I describe this state that way, to take this state out of
[16:15.940 --> 16:23.660]  the purely theoretical and into the tangible, I describe it this way, and so if we see it
[16:23.660 --> 16:28.380]  in a zone that's constantly in the maritime law, then we understand that that's where
[16:28.380 --> 16:33.020]  we are, what is maritime law, doesn't apply just because it exists, it applies only if
[16:33.020 --> 16:37.660]  it's agreed to, and this takes us back to the concept of federal, I guess we're at a
[16:37.660 --> 16:42.820]  break, we'll come back for some more, and it's their choice of law is the point, right,
[16:42.820 --> 16:46.100]  they're construct, they're construct, absolutely.
[16:46.100 --> 16:49.860]  Alright, we'll be right back folks, right on the other side, more discussion of the
[16:49.860 --> 17:02.020]  transportation code with Eddie N. Harmon-Taylor, we'll be right back.
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[21:29.660 --> 21:30.660]  Thanks for watching.
[21:30.660 --> 21:31.660]  I'm Michael Mears.
[21:31.660 --> 21:32.660]  I'll see you next time.
[21:32.660 --> 21:59.260]  I'm Michael Mears.
[21:59.260 --> 22:16.380]  All right, folks.
[22:16.380 --> 22:17.380]  We are back.
[22:17.380 --> 22:18.380]  Sorry for the extended break.
[22:18.380 --> 22:21.020]  We've got a lot going on in the background here.
[22:21.020 --> 22:22.020]  Okay.
[22:22.020 --> 22:26.460]  As far as the issue we've dealt with so far, the things that Harmon has said is pretty
[22:26.460 --> 22:30.820]  much the exact same thing that I've been telling you folks, that the words are extremely important.
[22:30.820 --> 22:33.660]  Their usage is extremely important.
[22:33.660 --> 22:38.420]  And you should never, ever make the mistake of mixing up your words when you're making
[22:38.420 --> 22:41.460]  statements about what you are or aren't doing.
[22:41.460 --> 22:46.340]  And the reason for that is, is like I said, an officer is not there to be your friend.
[22:46.340 --> 22:48.660]  He is not there to help you.
[22:48.660 --> 22:54.180]  If you fell to the bottom of a well and a cop was offering to throw you a rope, the
[22:54.180 --> 23:00.660]  only thing he is trying to do is get you up to his level where he can arrest you for trespassing.
[23:00.660 --> 23:04.140]  He is not there to save you.
[23:04.140 --> 23:06.100]  Okay?
[23:06.100 --> 23:10.980]  So understand that before you ever engage these individuals.
[23:10.980 --> 23:17.420]  Now the other thing that we're dealing with here is like as far as things like registration,
[23:17.420 --> 23:20.500]  inspection and all of that, none of which are on my car.
[23:20.500 --> 23:22.540]  Everybody that knows me knows that.
[23:22.540 --> 23:27.420]  The plates on my car are handmade and yes, I am aware they say private vehicle, but I
[23:27.420 --> 23:32.500]  did not actually make the plate and I did inform the folks that did make it that they
[23:32.500 --> 23:38.620]  would be much better off either changing it to private property or private conveyance
[23:38.620 --> 23:45.020]  and do not ever use the terms that the state uses to make its jurisdiction known.
[23:45.020 --> 23:47.300]  That's a mistake.
[23:47.300 --> 23:54.500]  Now on that note, dealing with things like the driver's license, for instance, Harmon,
[23:54.500 --> 24:00.140]  from what I do is we deal with Chapter 521 in the seminar a lot which goes into the definition
[24:00.140 --> 24:04.780]  of a driver's license and there are only three things designated there, a temporary license,
[24:04.780 --> 24:08.940]  a learner's permit and an occupational license.
[24:08.940 --> 24:13.620]  So the first thing I ask when they attempt to charge me for no license is, well, can
[24:13.620 --> 24:15.660]  you be more specific?
[24:15.660 --> 24:20.260]  Can you tell me which of these three things you're saying I'm required to have?
[24:20.260 --> 24:23.340]  Because you're going to have to be specific in the criminal complaint.
[24:23.340 --> 24:27.580]  So I need to know which one you plan on charging me with not having.
[24:27.580 --> 24:29.460]  They don't know how to answer that.
[24:29.460 --> 24:34.180]  And generally the complaint will come out saying, did then and there knowingly and willfully
[24:34.180 --> 24:36.820]  operate a motor vehicle without a driver's license?
[24:36.820 --> 24:42.580]  And I'll object to the complaint on grounds that it contains false statements and it's
[24:42.580 --> 24:45.780]  nonspecific.
[24:45.780 --> 24:49.780]  They don't like that either and of course they never respond to that point of law as
[24:49.780 --> 24:50.780]  well.
[24:50.780 --> 24:56.660]  So one of my questions would be, how would you handle that any differently or would you?
[24:56.660 --> 25:01.460]  The thing about the license and where you're headed is just fine.
[25:01.460 --> 25:05.860]  The thing about the license is this, there's one and only one reason to have a license.
[25:05.860 --> 25:14.060]  Take an area, law, accounting, hairdressing, plumbing, electrical work, driving, there's
[25:14.060 --> 25:20.460]  one and only one reason to have a license and that's to engage in the regulated area
[25:20.460 --> 25:24.380]  of commerce for that profession.
[25:24.380 --> 25:31.460]  Now we've got to understand that a license operates guess where in this state?
[25:31.460 --> 25:37.380]  It's the only place that's licensed, there weren't licenses before this state.
[25:37.380 --> 25:42.260]  Licenses exist to regulate commerce in the place called this state.
[25:42.260 --> 25:50.940]  So if we're not doing our commercial activity in the place called this state, then it doesn't
[25:50.940 --> 25:56.100]  matter what we're doing, we don't need a license.
[25:56.100 --> 26:03.900]  So the thought there about which license are you saying I need and don't have is pretty
[26:03.900 --> 26:05.340]  interesting.
[26:05.340 --> 26:10.940]  I don't even really get into that in my way of looking at it.
[26:10.940 --> 26:17.500]  My generic take on the matter is I'm not engaging in transportation, I'm not doing anything
[26:17.500 --> 26:22.300]  in this state and so what else would you like to talk about?
[26:22.300 --> 26:28.180]  That's it, there's no transportation here.
[26:28.180 --> 26:29.700]  That's where I start.
[26:29.700 --> 26:38.700]  I start with the concept there's no transportation here and that ends the discussion, that doesn't
[26:38.700 --> 26:43.420]  necessarily end the debate but it ends the discussion.
[26:43.420 --> 26:49.340]  In other words, if a ticket is still issued, okay, that's their job.
[26:49.340 --> 26:52.740]  I know a lot of people have some horrible experience with law enforcement, I've never
[26:52.740 --> 26:57.860]  had a bad experience, I've got some friends who are policemen.
[26:57.860 --> 27:01.500]  I talk with one of them fairly regularly.
[27:01.500 --> 27:06.940]  There's a fellow I went to high school with that's an LA cop, he's a huge guy, he was
[27:06.940 --> 27:12.060]  the entire front line for our high school football team, well he wasn't that big but
[27:12.060 --> 27:18.660]  I mean he's the typical stereotypical police officer, he's just a huge guy and just nice
[27:18.660 --> 27:22.260]  as you can be, you know.
[27:22.260 --> 27:28.780]  Point being, I know people have horrible experiences with the cops, I've never had one and I don't
[27:28.780 --> 27:32.660]  have any real interaction with them anyway.
[27:32.660 --> 27:40.260]  So point being, they're there to do a job, they're armed collection revenue officers
[27:40.260 --> 27:46.300]  and they have not been trained, they haven't been trained.
[27:46.300 --> 27:53.300]  The objective I intend to obtain out of my particular case is getting that bridge crossed,
[27:53.300 --> 27:58.860]  getting information to those officers as to what the differences are because they're not
[27:58.860 --> 28:00.180]  trained, they don't know.
[28:00.180 --> 28:02.660]  I don't hold it against them, they're doing their job.
[28:02.660 --> 28:09.620]  Let me give you an example, this is a footnote but you may remember Ramos and Compion, the
[28:09.620 --> 28:14.780]  border patrol agents that shot the drug dealer in the butt, okay, they got to spend 10 years
[28:14.780 --> 28:19.220]  or something like that, they at least got sentenced for that, federal prison for doing
[28:19.220 --> 28:20.220]  their job.
[28:20.220 --> 28:26.060]  Well, the thing that angers the fire out of me about that case and it makes me a blood
[28:26.060 --> 28:31.620]  boil every time I think about it, they were not trained about the difference between this
[28:31.620 --> 28:39.220]  state and the land, they didn't realize that they were up in this hover zone and effectively
[28:39.220 --> 28:44.500]  what they did and why they went to jail is because they got down off of the hover zone,
[28:44.500 --> 28:50.020]  they jumped down to the ground and started pretending that they were the same place,
[28:50.020 --> 28:54.180]  they were not trained as to the difference and they went to jail for it because they
[28:54.180 --> 28:57.500]  were doing what they thought they had been trained to do.
[28:57.500 --> 29:05.140]  The cops are in the exact same position but I wouldn't trade jobs with them for anything,
[29:05.140 --> 29:07.980]  I wouldn't want to make a traffic stop, you never know what's going to come out of that
[29:07.980 --> 29:19.380]  door or that window, anyway, the point there is this, they don't know that there's a difference,
[29:19.380 --> 29:23.140]  they are trained in the commercial terms, that's why they talk about driving, that's
[29:23.140 --> 29:27.940]  why they talk about vehicles, why they talk about motor vehicles, they can quote the code
[29:27.940 --> 29:32.980]  to you and be 100% correct in their position.
[29:32.980 --> 29:40.180]  If we don't know the differences, then the problem ends up being ours and not theirs.
[29:40.180 --> 29:46.020]  Well, I'm going along with that, yet I haven't ever met one that can quote it.
[29:46.020 --> 29:50.900]  Alright folks, we'll be right back, this is Rule of Law Radio, Eddie Craig, Deborah Stevens,
[29:50.900 --> 30:00.020]  Randy Kelton and our guest, Harmon Taylor, we'll be right back.
[30:00.020 --> 30:04.400]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:04.400 --> 30:06.260]  by our own Eddie Craig.
[30:06.260 --> 30:10.620]  Eddie is a former Nacogdoches County Sheriff's Deputy and for the past 21 years he has studied
[30:10.620 --> 30:15.100]  the due process of law and now offers his knowledge to you at a law seminar every Saturday
[30:15.100 --> 30:20.860]  from 3 o'clock to 6 o'clock at Brave New Books, located at 1904 Guadalupe Street in Austin,
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[30:21.860 --> 30:25.900]  Admission is $20, so please make plans to come and sit with Eddie and learn for yourself
[30:25.900 --> 30:31.340]  what the true intent of law really is.
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[31:50.020 --> 31:53.780]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:20.020 --> 32:36.780]  I won't, oh I won't, I won't let you pull the wool over my eyes.
[32:36.780 --> 32:45.780]  I certainly must refuse your news, also I've been lied.
[32:45.780 --> 32:52.780]  It seems you like the spare, but please take some words to the wise.
[32:52.780 --> 33:19.780]  Please stop trying to pull the wool over my eyes.
[33:19.780 --> 33:46.780]  It seems you like the spare, but please take some words to the wise.
[33:46.780 --> 33:47.780]  Please stop trying to pull the wool over my eyes.
[33:47.780 --> 33:50.340]  It seems you like the spare, but please stop trying to pull the wool over my eyes.
[33:50.340 --> 33:51.340]  Please stop trying to pull the wool over my eyes.
[33:51.340 --> 33:56.340]  It seems you like the spare, but please stop trying to pull the wool over my eyes.
[33:56.340 --> 34:03.080]  Please stop trying to pull the wool over my eyes.
[34:03.080 --> 34:08.320]  Please stop trying to pull the wool over my eyes.
[34:08.320 --> 34:16.420]  Please stop trying to pull the wool over my eyes.
[34:16.420 --> 34:17.420]  Please stop trying to pull the wool over my eyes.
[34:17.420 --> 34:23.140]  process, as you noted and as we were commenting on during the break, they failed to do the
[34:23.140 --> 34:30.900]  due process requirements every single time. I have yet to come across a single case in
[34:30.900 --> 34:36.860]  any court where these people have followed the law and provided due process. So one of
[34:36.860 --> 34:41.580]  the first things we attack is the chain of due process. The problem that we're having,
[34:41.580 --> 34:48.020]  however, is the same as usual. The lower court judges absolutely refuse to follow the chain
[34:48.020 --> 34:53.420]  of due process and the statutes. So one of the things we're trying to do is I am setting
[34:53.420 --> 34:59.500]  this up where I am writing a lawsuit before it ever happens. We're preparing the lawsuit,
[34:59.500 --> 35:05.520]  getting it all written out because we already know from step one all the way through exactly
[35:05.520 --> 35:10.740]  where they're going to mess up because they never failed to do it. So we've already got
[35:10.740 --> 35:15.580]  the lawsuit written and the day they arrest you, you just start documenting everything
[35:15.580 --> 35:21.020]  they do as usual and then you use that against them because the court record will be the
[35:21.020 --> 35:27.980]  best evidence of how they violated your due process rights. So what I'd like to know is
[35:27.980 --> 35:37.580]  what do you think of that take? The notice issue is huge. They do never get it right.
[35:37.580 --> 35:45.140]  The concept about notice doesn't have to do with trading ideas. Notice is a very specific
[35:45.140 --> 35:54.340]  thing having to do with trading of paperwork. In the transportation code matters, notice
[35:54.340 --> 36:03.700]  has to be delivered at least one day, at least 24 hours ahead of any proceeding relevant
[36:03.700 --> 36:11.860]  to that prosecution. Okay. Any proceeding includes the arraignment where they ask for
[36:11.860 --> 36:18.500]  the plea. That's any proceeding. In fact, it's a Texas case confirmed in the Supreme
[36:18.500 --> 36:26.580]  Court that the arraignment is a proceeding. So the very first meeting there, they always
[36:26.580 --> 36:33.620]  want how one pleas in the traffic court matters for the simple reason that there's no appointment
[36:33.620 --> 36:39.340]  of counsel. Just about any other kind of case, the first thing would not necessarily be relevant
[36:39.340 --> 36:46.100]  to the prosecution because it would be the intent to determine whether the party needed
[36:46.100 --> 36:51.100]  counsel or not. So it's not an arraignment. It's not really a proceeding on anything.
[36:51.100 --> 36:56.060]  It's an administrative thing to determine that appointment of counsel should be made
[36:56.060 --> 37:01.540]  or not. Okay. That doesn't have any traffic code matters, transportation code matters.
[37:01.540 --> 37:08.820]  So what we have is the reality that we're supposed to get notice. Notice of what? Notice
[37:08.820 --> 37:15.420]  of the charging instrument. It is not noticed to be handed a copy of the ticket at the time.
[37:15.420 --> 37:19.420]  The ticket is not a sworn document. The ticket doesn't constitute any of the elements of
[37:19.420 --> 37:27.020]  what a complaint is. Elements of a complaint are set out in statute. It's a verified document
[37:27.020 --> 37:32.420]  and a ticket's not that. A ticket is not a complaint. A ticket is basically a substitute
[37:32.420 --> 37:37.700]  for an arrest. A ticket is basically a summons to show up to court. It's not really even
[37:37.700 --> 37:45.020]  a summons. If we sign it or otherwise acknowledge it, then we're saying, okay, I'll be there.
[37:45.020 --> 37:49.900]  You don't have to arrest me. I get it. You want my money. I ain't going to pay you anything.
[37:49.900 --> 37:54.480]  I'm going to tell you why. This is the time to meet with the judge. I'll be there with
[37:54.480 --> 38:01.420]  the bells on. And a thing to do before that deadline is get the paperwork together and
[38:01.420 --> 38:07.940]  filed. So anyway, your concept about notice, that's my experience too. They never get it
[38:07.940 --> 38:14.060]  right. To get notice, we have to get a copy, whether hand delivered or mailed, of the charging
[38:14.060 --> 38:19.620]  instrument. What is that? It's called a complaint. We have to get a copy of the complaint at
[38:19.620 --> 38:26.220]  least a day before what? Any proceeding relevant to the prosecution. What is that? It's an
[38:26.220 --> 38:33.220]  arraignment. It's a motions hearing. It's anything on the case. So when they don't do
[38:33.220 --> 38:40.420]  that, it's very helpful not just to tell the court, no notice. And therefore you have,
[38:40.420 --> 38:45.420]  what's a notice related to? Personal jurisdiction. A court without personal jurisdiction has
[38:45.420 --> 38:51.220]  no jurisdiction. Okay? No notice, no personal jurisdiction, no personal jurisdiction, no
[38:51.220 --> 38:56.580]  authority to do anything except dismiss the case. What do you mean by personal jurisdiction,
[38:56.580 --> 39:02.040]  Harmet? There's three kinds of jurisdiction relevant to whether a court has authority
[39:02.040 --> 39:08.060]  to enter a valid judgment. Subject matter jurisdiction, personal jurisdiction, and proper
[39:08.060 --> 39:12.980]  venue. Subject matter jurisdiction for this would be, is it a municipal court's limited
[39:12.980 --> 39:17.260]  to criminal matters of a certain kind? So is this a criminal matter of a certain kind?
[39:17.260 --> 39:20.580]  Okay. So they probably have subject matter jurisdiction. They don't, and we'll come back
[39:20.580 --> 39:26.400]  to that in a minute. Personal jurisdiction has to do with notice. Has this party been
[39:26.400 --> 39:33.860]  giving meaningful notice in a meaningful way, and without that, then the court can't take
[39:33.860 --> 39:39.060]  authority over that party? Personal jurisdiction.
[39:39.060 --> 39:45.380]  How does that differ from in-personum jurisdiction? In-personum is different from in-ram. In-personum
[39:45.380 --> 39:51.420]  has to do with the person. In-ram has to do with the property. In-personum jurisdiction
[39:51.420 --> 39:56.740]  doesn't happen without notice. In-ram jurisdiction doesn't happen without notice either, eventually.
[39:56.740 --> 40:00.700]  I mean, they can take stuff, but they have to give you notice and let you fight about
[40:00.700 --> 40:04.340]  it. So you still have to get notice. But yeah, in-personum jurisdiction is what we're talking
[40:04.340 --> 40:06.460]  about. That's basically the same thing as personal
[40:06.460 --> 40:13.100]  jurisdiction. Correct. Correct. Given terms, same concept,
[40:13.100 --> 40:22.980]  and the system can't afford to give notice. They can't afford to give notice. They're
[40:22.980 --> 40:29.380]  running a profit center, and the minute they start following due process, they start losing
[40:29.380 --> 40:36.380]  money. They might still show profit, but it's much more expensive to do it lawfully than
[40:36.380 --> 40:39.980]  to do it the way they do it. Yeah, Harmon, we had a caller who's fighting
[40:39.980 --> 40:46.460]  an issue in a municipal court, went to file documents in his case, and he said that the
[40:46.460 --> 40:52.800]  clerk told him, I don't have time to file documents and cases because I'm too busy taking
[40:52.800 --> 40:57.260]  people's money. And I think he even got that on tape too.
[40:57.260 --> 41:00.220]  That's excellent. Is that incredible or what?
[41:00.220 --> 41:05.220]  Pretty incredible. Denial of access sounds like to me. But yes, in the issue of notice,
[41:05.220 --> 41:12.580]  it's an excellent argument. We can get through the statutory presentation. But in all of
[41:12.580 --> 41:17.340]  the traffic matters, in the municipal courts, whether it's a court of record, so-called
[41:17.340 --> 41:21.620]  court of record, or court not of record, there's always a record. They can enforce an order
[41:21.620 --> 41:25.300]  that's not written, so there's always a record. The question is, is there a verbatim transcript?
[41:25.300 --> 41:30.360]  Okay, they don't have verbatim transcripts of the hearings of the trial. All courts are
[41:30.360 --> 41:36.100]  courts of record. And what we have to know to do is document our objections at the first
[41:36.100 --> 41:40.660]  level. Why? Because there are certain things that we don't document at the municipal court
[41:40.660 --> 41:47.700]  level. We waive them when it comes to trial de novo. That's the first level of appeal.
[41:47.700 --> 41:53.540]  So whatever objections we have, always put it in writing. It can be through some kind
[41:53.540 --> 42:02.180]  of motion, like a motion to dismiss. It can be through a notice of whatever type. For
[42:02.180 --> 42:10.620]  example, I'm not ever going to enter a plea on these things. Why? No notice. Okay, so
[42:10.620 --> 42:17.480]  a document along the lines of notice of declination to plea. You can call it what you want. Nothing
[42:17.480 --> 42:22.100]  fancy about the title. But you document the fact that you're not going to enter a plea.
[42:22.100 --> 42:26.700]  The judge will enter one for you and set it for jury trial. Okay. But that's the judge's
[42:26.700 --> 42:32.900]  entry of the plea, not yours. Sometimes even the clerk will do it. Enter the plea? Yes.
[42:32.900 --> 42:39.260]  Okay. That's even worse. Yeah, you have some procedural problems there. And so to jump
[42:39.260 --> 42:44.140]  through all the hoops there, the concept you have is great. And it's music to my ears that
[42:44.140 --> 42:49.300]  you're going to sue somebody. Let's talk about that real quick. A judge without jurisdiction
[42:49.300 --> 42:56.180]  has no immunity. I'm going to say this again. A judge without jurisdiction has no immunity.
[42:56.180 --> 43:02.060]  We may have to get good and harassed in the court that has no jurisdiction because we
[43:02.060 --> 43:10.780]  never got notice. But that issue is so easily waived that we do ourselves a disservice if
[43:10.780 --> 43:16.460]  we don't document it. We've got to document it. Why? Because when there is no notice and
[43:16.460 --> 43:21.100]  we have that position prevail through the system, we may have to take it to the Supreme
[43:21.100 --> 43:26.340]  Court in Austin. We may have to take it to the Court of Criminal Appeals in Austin. But
[43:26.340 --> 43:32.820]  if we preserve the point and there's no notice, they'll recognize it. And the court without
[43:32.820 --> 43:39.820]  jurisdiction has no immunity. And the only way to make that thing stop is by making them
[43:39.820 --> 43:44.500]  pay money, lots of it. Because until they feel it, they're just going to continue to
[43:44.500 --> 43:51.020]  hose people. That's my experience. I completely agree. Well, folks, you've heard it reiterated
[43:51.020 --> 43:55.540]  again from an actual attorney. Y'all hang on. We're going to break this rule of law
[43:55.540 --> 43:58.540]  radio. We will be right back.
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[46:20.940 --> 46:27.940]  What I'm wishing for, when I'm hungry, I like to know just what I'm fishing for. I
[46:27.940 --> 46:36.940]  ain't asking for much, I ain't trying to be no glutton. I'm just here making my living
[46:36.940 --> 46:47.940]  pushing buttons. I give my message out to anyone who's shouting distance. Vote for bravery
[46:47.940 --> 46:54.940]  and against slavery, show your resistance. First I'm crawling, then I'm walking, then
[46:54.940 --> 47:03.940]  I start strutting. I'm just so glad to make my living pushing buttons.
[47:03.940 --> 47:21.940]  We sat down to play Monopoly. We all wanted to win the game. We gave some guy his money
[47:21.940 --> 47:28.940]  supply. Nothing I've been thinking in my brain. After some time, the worth of my time got
[47:28.940 --> 47:33.940]  down to them. They're nothing. I might have been too long, right? Still, I make my living
[47:33.940 --> 47:47.940]  pushing buttons. Yeah. Whoa. Whoa.
[47:47.940 --> 47:51.940]  All right, folks. We are back. We're having so much fun on these background conversations
[47:51.940 --> 47:56.940]  on the breaks. Okay. Now, one of the things that we talked about a moment ago regarding
[47:56.940 --> 48:01.940]  the new process, Harmon made something about they don't actually do the requirements for
[48:01.940 --> 48:06.940]  the assistance of counsel and so on and so forth in the class C misdemeanors. I brought
[48:06.940 --> 48:13.940]  up the issue with him on the break that Article 15.17G of the Code of Criminal Procedure says
[48:13.940 --> 48:21.940]  specifically that they are required to do everything that is commanded by 1517 in the
[48:21.940 --> 48:27.940]  case of someone that voluntarily appears in court to deal with a traffic citation. It
[48:27.940 --> 48:33.940]  commands them specifically to do that, and yet they're still refusing to do that despite
[48:33.940 --> 48:38.940]  the command of law for them to do it. So I was going to ask you, Harmon, what exactly
[48:38.940 --> 48:46.940]  would you suggest be done in that regard? The fundamental thing about any traffic deal
[48:46.940 --> 48:55.940]  is to document the position in the municipal court. My experience is they're really not
[48:55.940 --> 49:03.940]  a lot of energy invested in training those particular officeholders to do anything except
[49:03.940 --> 49:11.940]  find out when and how much the defendant intends to pay. They're really not there to give
[49:11.940 --> 49:19.940]  us a full judicial review of the law. Now, I would agree with that. I have had the pleasure
[49:19.940 --> 49:26.940]  and the privilege of being in a municipal court, no need to go into the county, but
[49:26.940 --> 49:34.940]  it's in central Texas where the municipal judge got out the rule book when a point was
[49:34.940 --> 49:41.940]  made, and it was a point that obviously registered with this judge, and she got out the rule
[49:41.940 --> 49:47.940]  book, and she looked at it, and she heard the arguments, and she agreed with the defendant.
[49:47.940 --> 49:55.940]  I'm sure it was a position that hadn't been raised that much. In other words, it was not
[49:55.940 --> 49:59.940]  unfamiliar to the jurist. It just hadn't been that commonly raised. She went to the rule
[49:59.940 --> 50:05.940]  book to find out about it. That's what real judges do. That's what I'm saying. Real judges
[50:05.940 --> 50:10.940]  do that. Real judges want to know the law. They want to make the right decision, and
[50:10.940 --> 50:15.940]  they want to be supported on appeal for making the right decision. Well, this judge has been
[50:15.940 --> 50:20.940]  over backwards to make the right decision in the municipal court, and guess what? Case
[50:20.940 --> 50:28.940]  dismissed. So where there is an effort, and I'm just saying not all judges bulldoze the
[50:28.940 --> 50:33.940]  defendant. There really are judges in the municipal courts. There really are. My experience
[50:33.940 --> 50:39.940]  is that number is small, and so the thing about getting them to follow the law is this.
[50:39.940 --> 50:46.940]  It isn't going to happen. What we have to do is document the case as well as we know
[50:46.940 --> 50:52.940]  how, go through the whole motion there, make them take us to trial, make them enter a ruling
[50:52.940 --> 51:02.940]  against us so that we can post the bond, not necessarily the cash, the promise to pay money
[51:02.940 --> 51:11.940]  in the event that we get hosed later on. If we're wrong, we'll pay it. Okay. And then
[51:11.940 --> 51:15.940]  take it up on trial de novo. And of course, on that, make sure it's timely. I think it's
[51:15.940 --> 51:21.940]  10 days. And check to make sure whether 10 days is 10 business days or 10 calendar days.
[51:21.940 --> 51:29.940]  Check that. But where we run into the problem that you're talking about, that we got rules
[51:29.940 --> 51:36.940]  that are just clear as day. They're so clear we can see them from the moon. Rules clear
[51:36.940 --> 51:42.940]  as day that they're just bulldozing us on. We're not going to change that right now.
[51:42.940 --> 51:48.940]  We're going to document our position in writing. We're going to go through the harassment.
[51:48.940 --> 51:53.940]  We're going to get clobbered. And we're going to do what we need to do to get trial de novo.
[51:53.940 --> 51:59.940]  Now, let's go back to music to my ears of a thought mentioned earlier, suing the judges.
[51:59.940 --> 52:04.940]  The only thing that in mics where the judge doesn't go for the rule book to discuss it
[52:04.940 --> 52:08.940]  with you and to understand it to make the right ruling, when they say, all I'm going
[52:08.940 --> 52:14.940]  to do is cram peanut butter in my ears necessary so I do not have to listen to your correct
[52:14.940 --> 52:20.940]  assertions of the law, the facts in this case, then the thing that we've got to do over and
[52:20.940 --> 52:26.940]  over and over for as long as it takes is suing the judge and suing the municipality. Okay?
[52:26.940 --> 52:31.940]  We've got a case when they don't have jurisdiction. There's a lot of breadth in judicial immunity.
[52:31.940 --> 52:36.940]  A lot of breadth. But when they don't have jurisdiction, they ain't got no immunity.
[52:36.940 --> 52:41.940]  It's just that simple. Okay? So we have to know they don't have jurisdiction. We have
[52:41.940 --> 52:46.940]  to preserve that point. When we've done that, we turn right around and sue them. They've
[52:46.940 --> 52:52.940]  got to. And that's an arduous task. The system doesn't like those suits. So that's going
[52:52.940 --> 52:57.940]  to go all the way through the system and they'll find every detail they can to try to kick
[52:57.940 --> 53:03.940]  it out. But we go through the process, we learn through the process, and eventually
[53:03.940 --> 53:07.940]  it's going to stick. Eventually it's going to stick and that judge is going to get hurt
[53:07.940 --> 53:13.940]  commercially. They're going to get hurt. They're going to get tagged with a bill. And it's
[53:13.940 --> 53:18.940]  not going to take very much of that for the word to get out that being an ass from the
[53:18.940 --> 53:26.940]  bench against an informed defendant is a really expensive, bad idea. We're going to have
[53:26.940 --> 53:30.940]  to engage the debate. There's no shortcut through it. This is pathblazing. They don't
[53:30.940 --> 53:36.940]  want to recognize their own obvious rules. Okay. We can be wrong and we've got to
[53:36.940 --> 53:45.940]  distinguish between the informed game playing judge and the one that you just described.
[53:45.940 --> 53:51.940]  Okay. Those are the ones I enjoy suing because they don't care about the law until they're
[53:51.940 --> 53:56.940]  paying the bill. Now all of a sudden it matters. Okay. That's an attitude adjustment that they
[53:56.940 --> 54:01.940]  need. Maybe they'll be on the bench after the experience and maybe they won't be. Okay.
[54:01.940 --> 54:06.940]  We might want them on the bench after the experience so we don't have to teach them
[54:06.940 --> 54:11.940]  again. A lot of investment goes into teaching these people. Okay. If they get it, fine.
[54:11.940 --> 54:17.940]  If they make a mistake, we take it up on appeal. When they're jerks about it, then my interest
[54:17.940 --> 54:23.940]  is to sue them. My interest is to sue them in the federal court. The whole thing is a
[54:23.940 --> 54:29.940]  crime. To be issued a ticket, for example, for exercising your right to travel, to be
[54:29.940 --> 54:35.940]  issued a ticket, to be charged criminally for exercising your right to write a clear
[54:35.940 --> 54:44.940]  violation, Title 18, Section 241, 242. Title 42, Section 1983 allows the claim on the commercial
[54:44.940 --> 54:50.940]  claim on a criminal violation. And so the judge is up there without any jurisdiction
[54:50.940 --> 54:56.940]  conspiring to commit the crime. I mean in my mind it's a real easy suit. Real easy.
[54:56.940 --> 55:01.940]  And we just, you know, just throw everything at them. And eventually their system is more
[55:01.940 --> 55:08.940]  expensive when they hose over the wrong party than it is just to let us go. And eventually
[55:08.940 --> 55:12.940]  instead of just letting us go, they don't issue the ticket in the first place. Oh, that
[55:12.940 --> 55:16.940]  guy knows the difference between travel and transportation. He's telling you that at the
[55:16.940 --> 55:21.940]  time of the stop. So shake his hand, say it's really good to see you again. Have a nice
[55:21.940 --> 55:26.940]  day and go on and do something else. So anyway. That would be the smart thing to do. And
[55:26.940 --> 55:31.940]  that's what I try to teach people to make them do. Good, good. That's what you have to
[55:31.940 --> 55:36.940]  do. Yeah. Yeah, your concept is very well made. What do you do when you know you're
[55:36.940 --> 55:41.940]  right and you know you're getting hosed? Answer. Document it and plan on taking it up on
[55:41.940 --> 55:47.940]  appeal. See, the municipal courts are kind of immune from that stuff. You can't really
[55:47.940 --> 55:53.940]  get to them anyway other than suing them, which means they can do anything that they
[55:53.940 --> 56:00.940]  want except commit crimes. Okay. It's a crime. It's actionable for them to order somebody
[56:00.940 --> 56:05.940]  to pay money when they never had jurisdiction over the case. That's criminal conduct. They
[56:05.940 --> 56:10.940]  are personally liable for that. So even though we can't really get a direct review of the
[56:10.940 --> 56:16.940]  municipal court, we can review their conduct by suing them. Yeah. They've even gone as
[56:16.940 --> 56:20.940]  far as, and I'm sure you're familiar with the necessity of what's considered a valid
[56:20.940 --> 56:25.940]  charging instrument in Texas. Sure. The Constitution says there's only two. The what? Which is
[56:25.940 --> 56:30.940]  the indictment or the information. The what? Charging instrument. Texas Constitution.
[56:30.940 --> 56:37.940]  The what? I said Texas now. The charging instruments define a transportation code. Or
[56:37.940 --> 56:47.940]  in the Title 45. Actually it just says a complaint commences. All proceedings in a municipal
[56:47.940 --> 56:53.940]  court commence by complaint. It does not say by complaint alone. But then again, every
[56:53.940 --> 57:00.940]  case commences by complaint. Alone, yes. Nobody goes to trial on a criminal case without an
[57:00.940 --> 57:04.940]  indictment or information. Yeah, they do in this case, and it's all married time. We can
[57:04.940 --> 57:09.940]  talk about that. The thing I was giving you a bad time about was reference to the Constitution.
[57:09.940 --> 57:14.940]  It's a nice filler. It's not going to get you anywhere. All the standards that we need
[57:14.940 --> 57:20.940]  are in the statutes. You know what? That could be why Tom DeLay got totally hosed because
[57:20.940 --> 57:27.940]  there was no valid charging instrument in his case. He may have consented. The complaints
[57:27.940 --> 57:33.940]  are valid. He did. I put a writ of habeas corpus in Tom DeLay's case. I remember that.
[57:33.940 --> 57:42.940]  Showing that. Back at trial, I put it in again, and the judge threw me out of the courtroom.
[57:42.940 --> 57:47.940]  Yeah, but if it was based on Constitution from what Harmon is saying, that's the reason
[57:47.940 --> 57:56.940]  it got ignored. No, the habeas corpus was based purely on statute. No complaint was
[57:56.940 --> 58:06.940]  presented to the grand jury, therefore, under 20.09. Oh, you've got to be indicted in Texas
[58:06.940 --> 58:11.940]  for that. Yeah, but the grand jury has to have a jurisdiction. You don't have to be
[58:11.940 --> 58:16.940]  indicted in California for that. You do have to be indicted in Texas for that. Yeah, but
[58:16.940 --> 58:20.940]  there still has to be a complaint to go before the grand jury before there's an indictment
[58:20.940 --> 58:26.940]  to be made. The jury shall examine if there are criminal accusations that come before
[58:26.940 --> 58:29.940]  their trial. That's right. But he didn't file a motion of dismiss to preserve the point,
[58:29.940 --> 58:37.940]  you're saying? He had a stupid lawyer. Okay, well, he waived it then. Yeah, all of these
[58:37.940 --> 58:42.940]  things matter. It's an excellent example of why it matters that you document your objection
[58:42.940 --> 58:47.940]  and you object to everything reasonable. I mean, we can do, you know, print or run amok
[58:47.940 --> 58:50.940]  objections. We want to do something relevant to the case. All right, well, listen, guys,
[58:50.940 --> 58:53.940]  we're about to go to break. Do y'all want to start taking some phone calls? Okay, we
[58:53.940 --> 58:59.940]  got one more hour left. Guys and gals, if y'all want to call in, 512-
[58:59.940 --> 59:04.940]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:04.940 --> 59:09.940]  because they struggle to understand it. Some new translations try to help by simplifying
[59:09.940 --> 59:16.940]  the text, but in the process can compromise the profound meaning of the Scripture. Enter
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[59:22.940 --> 59:28.940]  real story is the more than 9,000 explanatory footnotes. Difficult and profound passages
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[59:56.940 --> 01:00:03.940]  That's freestudybible.com. This news brief brought to you by The International News Next.
[01:00:03.940 --> 01:00:08.940]  Five people were killed and dozens injured Thursday in Sulaymaniyah, Iraqi Kurdistan's
[01:00:08.940 --> 01:00:13.940]  second largest city, as protesters attacked the headquarters of one of the two ruling
[01:00:13.940 --> 01:00:19.940]  Kurdish parties. The violence broke out following a rally organized to express solidarity with
[01:00:19.940 --> 01:00:25.940]  protesters in Egypt and Tunisia and to protest corruption and the poor state of public services
[01:00:25.940 --> 01:00:29.940]  in the autonomous Kurdish region.
[01:00:29.940 --> 01:00:35.940]  101 physicians, nurses and physical therapists were charged Thursday with Medicare fraud
[01:00:35.940 --> 01:00:41.940]  for falsely billing the program more than $225 million. The healthcare providers were
[01:00:41.940 --> 01:00:46.940]  accused of submitting Medicare claims for treatments that were medically unnecessary
[01:00:46.940 --> 01:00:49.940]  or not even provided.
[01:00:49.940 --> 01:00:54.940]  In Ohio, thousands of public workers descended on the State House Thursday protesting a bill
[01:00:54.940 --> 01:00:59.940]  that would restrict collective bargaining rights. The Ohio protests mirror those taking
[01:00:59.940 --> 01:01:04.940]  place in Wisconsin where a similar measure has been proposed.
[01:01:04.940 --> 01:01:09.940]  In Yemen, police shot and killed three people Thursday as tens of thousands took to the
[01:01:09.940 --> 01:01:15.940]  streets of Aden, calling for an end to President Ali Abdullah Saleh's 32 years of rule.
[01:01:15.940 --> 01:01:21.940]  Three more demonstrators were killed in Taiz Friday, including one from a hand grenade.
[01:01:21.940 --> 01:01:26.940]  In the capital Sanaa, pro-government forces Thursday attacked student activists with daggers.
[01:01:26.940 --> 01:01:31.940]  On Friday, riot police failed to stop thousands marching towards the presidential palace
[01:01:31.940 --> 01:01:36.940]  chanting anti-government slogans. Demonstrators' grievances included poverty and government
[01:01:36.940 --> 01:01:42.940]  corruption. Saleh, who has accused protesters of being anarchists, has promised not to seek
[01:01:42.940 --> 01:01:48.940]  re-election in 2013 or to position his son as a successor. But demonstrators, mindful
[01:01:48.940 --> 01:01:53.940]  of Saleh's history of broken promises, have vowed to keep packing the streets until he
[01:01:53.940 --> 01:01:55.940]  steps down.
[01:01:55.940 --> 01:02:01.940]  In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on
[01:02:01.940 --> 01:02:07.940]  demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime
[01:02:07.940 --> 01:02:12.940]  of Gaddafi who has been in power since 1969 with its own pro-government rallies in the
[01:02:12.940 --> 01:02:18.940]  capital Tripoli and other cities. Human rights solidarity said rooftop snipers in Al-Bida
[01:02:18.940 --> 01:02:24.940]  killed 13 protesters. Despite the crackdown, resistance continues to build as the opposition
[01:02:24.940 --> 01:02:30.940]  mobilizes via Facebook and cell phone messages, emulating protest movements that have already
[01:02:30.940 --> 01:02:36.940]  brought down the regimes in Egypt and Tunisia. Lawyers demonstrated in Benghazi demanding
[01:02:36.940 --> 01:02:42.940]  a constitution. Demonstrators in Zentan set fire to the police station, the city's court,
[01:02:42.940 --> 01:02:47.940]  the posts of the internal security forces and the People's Guard, and offices of the
[01:02:47.940 --> 01:03:02.940]  revolutionary committees, which form the backbone of the Gaddafi autocracy.
[01:03:02.940 --> 01:03:17.940]  In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on
[01:03:17.940 --> 01:03:25.940]  demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime
[01:03:25.940 --> 01:03:32.940]  of Gaddafi who has been in power since 1969 with its own pro-government rallies in the
[01:03:32.940 --> 01:03:41.940]  capital Tripoli and other cities.
[01:03:41.940 --> 01:03:50.940]  In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on
[01:03:50.940 --> 01:03:56.940]  demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime
[01:03:56.940 --> 01:04:03.940]  of Gaddafi who has been in power since 1969 with its own pro-government rallies in the
[01:04:03.940 --> 01:04:10.940]  capital Tripoli and other cities.
[01:04:10.940 --> 01:04:23.940]  In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on
[01:04:23.940 --> 01:04:28.940]  demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime
[01:04:28.940 --> 01:04:37.940]  of Gaddafi who has been in power since 1969 with its own pro-government rallies in the
[01:04:37.940 --> 01:04:43.940]  capital Tripoli and other cities.
[01:05:07.940 --> 01:05:18.940]  In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on
[01:05:18.940 --> 01:05:27.940]  demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime
[01:05:27.940 --> 01:05:34.940]  of Gaddafi who has been in power since 1969 with its own pro-government rallies in the
[01:05:34.940 --> 01:05:41.940]  capital Tripoli and other cities.
[01:06:04.940 --> 01:06:13.940]  Okay, folks, we are back.
[01:06:13.940 --> 01:06:22.940]  We've got our final hour here, Friday, February 18th, our four-hour info marathon.
[01:06:22.940 --> 01:06:25.940]  Very special guest and good friend of ours, Mr. Harmon Taylor.
[01:06:25.940 --> 01:06:28.940]  We've been talking about some very interesting topics.
[01:06:28.940 --> 01:06:31.940]  Hour one, we covered the Terre Haute litigation.
[01:06:31.940 --> 01:06:34.940]  Hour two, we talked about the birther issue.
[01:06:34.940 --> 01:06:38.940]  Hour three, we got into the transportation code, and we're going to be taking your calls,
[01:06:38.940 --> 01:06:42.940]  so please call in now, 512-646-1984.
[01:06:42.940 --> 01:06:46.940]  And before we go to the call board, Randy, you wanted to finish up some stuff about this
[01:06:46.940 --> 01:06:51.940]  writ of habeas corpus and concerning the Tom DeLay issue.
[01:06:51.940 --> 01:07:01.940]  Yes, there's a problem in that the prosecutors have essentially taken absolute control of
[01:07:01.940 --> 01:07:04.940]  who gets prosecuted and who doesn't.
[01:07:04.940 --> 01:07:11.940]  And one of the ways they've done that is by having the complaints sent to them, and if
[01:07:11.940 --> 01:07:14.940]  they decide to prosecute, they do.
[01:07:14.940 --> 01:07:24.940]  But they also have taken the liberty of petitioning the grand jury for an indictment when nobody's
[01:07:24.940 --> 01:07:27.940]  filed a complaint.
[01:07:27.940 --> 01:07:32.940]  And this is what happened in the Tom DeLay case, and I filed a writ of habeas corpus not
[01:07:32.940 --> 01:07:39.940]  because I cared about Tom DeLay, but I wanted the prosecuting attorney to be forced to follow
[01:07:39.940 --> 01:07:40.940]  law.
[01:07:40.940 --> 01:07:47.940]  Now, Randy, isn't it true in the criminal procedure code of Texas that anybody can file
[01:07:47.940 --> 01:07:49.940]  a complaint except for the prosecutor?
[01:07:49.940 --> 01:07:52.940]  He's like the only one that's prohibited.
[01:07:52.940 --> 01:07:58.940]  Yes, it's not in the code, it's in a Kennedy State.
[01:07:58.940 --> 01:08:04.940]  It says, for the purpose of avoiding the obvious evils of the accumulation of power in any
[01:08:04.940 --> 01:08:10.940]  one office, for the purpose of filing a criminal accusation, a prosecuting attorney is not
[01:08:10.940 --> 01:08:11.940]  a credible person.
[01:08:11.940 --> 01:08:13.940]  And that makes sense.
[01:08:13.940 --> 01:08:19.940]  But that only goes to a prosecuting attorney filing a criminal complaint in a matter in
[01:08:19.940 --> 01:08:21.940]  which he would be the prosecutor.
[01:08:21.940 --> 01:08:26.940]  It keeps the government from being the accuser and the prosecutor.
[01:08:26.940 --> 01:08:30.940]  Well, so in other words, in the Tom DeLay issue, Ron Earl could not have initiated the
[01:08:30.940 --> 01:08:32.940]  criminal complaint.
[01:08:32.940 --> 01:08:35.940]  Exactly, and that's precisely what he did.
[01:08:35.940 --> 01:08:39.940]  He went to the grand jury and asked for an indictment.
[01:08:39.940 --> 01:08:40.940]  That's totally illegal.
[01:08:40.940 --> 01:08:43.940]  That's on violation of all the process.
[01:08:43.940 --> 01:08:44.940]  Exactly.
[01:08:44.940 --> 01:08:46.940]  It's exactly backwards to the code.
[01:08:46.940 --> 01:08:51.940]  The code says grand jury shall examine into all criminal accusations that come to their
[01:08:51.940 --> 01:08:57.940]  knowledge by any credible, come to their knowledge by way of the prosecuting attorney
[01:08:57.940 --> 01:08:59.940]  or any credible person.
[01:08:59.940 --> 01:09:08.940]  And that's what Kennedy v. State went to is the prosecuting attorney can bring the complaint
[01:09:08.940 --> 01:09:12.940]  to the knowledge of the grand jury.
[01:09:12.940 --> 01:09:13.940]  But they can't write the complaint.
[01:09:13.940 --> 01:09:15.940]  But the prosecutor can't be the one filing it.
[01:09:15.940 --> 01:09:17.940]  He has to bring somebody else's.
[01:09:17.940 --> 01:09:18.940]  Now, speaking of...
[01:09:18.940 --> 01:09:23.940]  And then the grand jury shall vote whether to true bill or no bill.
[01:09:23.940 --> 01:09:31.940]  And if they vote to true bill, the foreman shall gather up all the evidence had in the
[01:09:31.940 --> 01:09:40.940]  hearing and present it to the prosecuting attorney and request that he prepare an indictment.
[01:09:40.940 --> 01:09:45.940]  He prepared the indictment first and asked the grand jury to approve it with no criminal
[01:09:45.940 --> 01:09:47.940]  accusation.
[01:09:47.940 --> 01:09:48.940]  And went through the whole code.
[01:09:48.940 --> 01:09:50.940]  There's a whole lot more to it.
[01:09:50.940 --> 01:09:57.940]  There's nonsense about a person not having a right to an indict...
[01:09:57.940 --> 01:09:58.940]  Examining trial.
[01:09:58.940 --> 01:10:06.940]  Examining trial after indictment is just absolute nonsense because after indictment, if the
[01:10:06.940 --> 01:10:13.940]  person has not been arrested, the clerk is forbidden to enter the fact of the indictment
[01:10:13.940 --> 01:10:18.940]  into the record until the person's been arrested.
[01:10:18.940 --> 01:10:24.940]  And that's because when they get arrested, they're to be brought before a magistrate
[01:10:24.940 --> 01:10:27.940]  and given an examining trial.
[01:10:27.940 --> 01:10:29.940]  Exactly.
[01:10:29.940 --> 01:10:34.940]  Anyway, that was the reason for the Tom Delay case.
[01:10:34.940 --> 01:10:38.940]  I went all through chapter 21.
[01:10:38.940 --> 01:10:43.940]  Chapter 21 is the Code of Criminal Procedure chapter that deals with indictment.
[01:10:43.940 --> 01:10:46.940]  And it's extremely well structured.
[01:10:46.940 --> 01:10:51.940]  Harman, have you read Randy's writ of habeas corpus, petition for writ of habeas corpus?
[01:10:51.940 --> 01:10:53.940]  In the Delay case?
[01:10:53.940 --> 01:10:54.940]  Yeah.
[01:10:54.940 --> 01:10:56.940]  I don't remember if I've seen that one or not.
[01:10:56.940 --> 01:10:57.940]  You need to read it.
[01:10:57.940 --> 01:11:03.940]  It's a 50 page document and I helped them structure it and clean it up.
[01:11:03.940 --> 01:11:07.940]  And it's actually in a format now that could be used in just about anybody's case because
[01:11:07.940 --> 01:11:08.940]  they do the same thing.
[01:11:08.940 --> 01:11:11.940]  It's all based on statute and code.
[01:11:11.940 --> 01:11:13.940]  I've read several Randy's things.
[01:11:13.940 --> 01:11:14.940]  I don't remember one that long.
[01:11:14.940 --> 01:11:15.940]  That's probably the best one.
[01:11:15.940 --> 01:11:19.940]  Well, before we go to the call board, speaking of due process, I wanted to go back to Harman
[01:11:19.940 --> 01:11:20.940]  for just a minute.
[01:11:20.940 --> 01:11:25.940]  Something you said in the first hour when we were discussing what the limitations on
[01:11:25.940 --> 01:11:30.940]  government really are, if it's not the Constitution, you said one limitation has to do with the
[01:11:30.940 --> 01:11:35.940]  commercial realm and the other limitation has to do on due process.
[01:11:35.940 --> 01:11:41.940]  So where does that come from if the due process limitations aren't coming from the Constitution?
[01:11:41.940 --> 01:11:44.940]  Is it just coming from common law or Magna Carta or what?
[01:11:44.940 --> 01:11:45.940]  Where does that come from?
[01:11:45.940 --> 01:11:48.940]  The Supreme Court.
[01:11:48.940 --> 01:11:49.940]  Okay.
[01:11:49.940 --> 01:12:00.940]  The language that the Supremes adopt and write into their studies can come from anywhere.
[01:12:00.940 --> 01:12:02.940]  They'll use the language of the Constitution.
[01:12:02.940 --> 01:12:06.940]  They'll use the labels of the Constitution.
[01:12:06.940 --> 01:12:09.940]  But try real hard not to be confused by that.
[01:12:09.940 --> 01:12:15.940]  Those concepts exist because the Supreme Court say they exist, not because they exist somewhere
[01:12:15.940 --> 01:12:16.940]  else.
[01:12:16.940 --> 01:12:18.940]  So it really all does boil down to the case law.
[01:12:18.940 --> 01:12:19.940]  Yeah.
[01:12:19.940 --> 01:12:21.940]  For a lot of issues, it does.
[01:12:21.940 --> 01:12:23.940]  For a lot of issues, it does.
[01:12:23.940 --> 01:12:25.940]  Statutes and case law.
[01:12:25.940 --> 01:12:27.940]  Statutes and case law.
[01:12:27.940 --> 01:12:31.940]  Law stands from the statutes and then the judge will pull their hair out trying to figure
[01:12:31.940 --> 01:12:37.940]  out what the legislature wrote and they do a brilliant job with it.
[01:12:37.940 --> 01:12:45.940]  But the concepts that are attributed to these Constitutional labels don't have authority
[01:12:45.940 --> 01:12:49.940]  because they exist in the document called the Constitution.
[01:12:49.940 --> 01:12:53.940]  They have authority because the court says they have authority.
[01:12:53.940 --> 01:13:00.940]  And that makes a lot of sense to me because I've done some research on the debate or the
[01:13:00.940 --> 01:13:06.940]  issue concerning the fact that there is nothing in the Constitution that specifically authorizes
[01:13:06.940 --> 01:13:13.940]  the Supreme Court to interpret Congressional law as being Constitutional or not.
[01:13:13.940 --> 01:13:18.940]  That comes from case law where the Supreme Court made some rulings way early on back
[01:13:18.940 --> 01:13:25.940]  like in the early 1800s, 1700s basically saying that they do.
[01:13:25.940 --> 01:13:28.940]  Marbury v. Madison is an excellent example.
[01:13:28.940 --> 01:13:29.940]  Right.
[01:13:29.940 --> 01:13:36.940]  It's during Judiciary Act 1789 versus the limitations of the Constitution and they're
[01:13:36.940 --> 01:13:44.940]  saying we don't have the authority to do the original mandamus, original proceedings here.
[01:13:44.940 --> 01:13:46.940]  We're in an appellate court.
[01:13:46.940 --> 01:13:48.940]  So you may have a good complaint.
[01:13:48.940 --> 01:13:50.940]  That's the first part of the case.
[01:13:50.940 --> 01:13:52.940]  We see your complaint and we agree with you.
[01:13:52.940 --> 01:13:54.940]  There's a problem there.
[01:13:54.940 --> 01:13:57.940]  You need to have those documents delivered.
[01:13:57.940 --> 01:14:03.940]  But we're the wrong court and we can't help you today because our limitations are from
[01:14:03.940 --> 01:14:05.940]  here and here and here.
[01:14:05.940 --> 01:14:10.940]  And even Frederick Graves, he goes even a step beyond that.
[01:14:10.940 --> 01:14:12.940]  He says that even the statutes don't matter that much.
[01:14:12.940 --> 01:14:16.940]  All that really matters is appellate court and Supreme Court rulings and that we really
[01:14:16.940 --> 01:14:19.940]  are in a system of common law.
[01:14:19.940 --> 01:14:22.940]  He's an optimist.
[01:14:22.940 --> 01:14:26.940]  Well, I'm glad that the statutes do matter.
[01:14:26.940 --> 01:14:28.940]  It looks like the statutes matter to me.
[01:14:28.940 --> 01:14:32.940]  The statutes are the basis for the commercial nexus on which the entire system rides.
[01:14:32.940 --> 01:14:35.940]  That's the content of the let's make a deal.
[01:14:35.940 --> 01:14:36.940]  Right.
[01:14:36.940 --> 01:14:41.940]  That's what statutes are, the proposed agreements at the wedding out there for us to consent
[01:14:41.940 --> 01:14:43.940]  to fundamentally.
[01:14:43.940 --> 01:14:45.940]  And if you consent to them, then they apply.
[01:14:45.940 --> 01:14:48.940]  Right.
[01:14:48.940 --> 01:14:49.940]  Pretty simple.
[01:14:49.940 --> 01:14:50.940]  Makes sense to me.
[01:14:50.940 --> 01:14:55.940]  Now on due process, we've got a notice and opportunity to be heard due process, which
[01:14:55.940 --> 01:14:56.940]  is huge.
[01:14:56.940 --> 01:14:59.940]  We've also got a structural due process.
[01:14:59.940 --> 01:15:00.940]  What's that?
[01:15:00.940 --> 01:15:02.940]  Separation of powers.
[01:15:02.940 --> 01:15:06.940]  Structural due process is critical, and it comes into some interesting things.
[01:15:06.940 --> 01:15:11.940]  But again, it's from the Supremes, but they're saying, by God, we're not going backwards
[01:15:11.940 --> 01:15:12.940]  to this other.
[01:15:12.940 --> 01:15:18.940]  There will be a legislature separate from an executive, separate from a judge.
[01:15:18.940 --> 01:15:22.940]  There will be all three of these represented, and we're not going to merge these two.
[01:15:22.940 --> 01:15:26.940]  Structural due process is a limit on this commercial system.
[01:15:26.940 --> 01:15:28.940]  And the Supreme Court has said that.
[01:15:28.940 --> 01:15:29.940]  Over and over.
[01:15:29.940 --> 01:15:30.940]  Absolutely.
[01:15:30.940 --> 01:15:31.940]  And they're not budging.
[01:15:31.940 --> 01:15:33.940]  They're not going anywhere.
[01:15:33.940 --> 01:15:38.940]  So when it appears to look like various things are merging, like Article 1 and Article 2,
[01:15:38.940 --> 01:15:43.940]  because everything's coming out in the regs and through the czars rather than through
[01:15:43.940 --> 01:15:47.940]  the legislature, no real change, because what makes the regs function?
[01:15:47.940 --> 01:15:50.940]  The commercial nexus.
[01:15:50.940 --> 01:15:56.940]  Well, then Harmon, concerning all these executive orders, and from my understanding,
[01:15:56.940 --> 01:16:00.940]  technically those only really apply to employees of the executive branch anyway.
[01:16:00.940 --> 01:16:06.940]  But there's executive orders concerning continuity of government, which is basically another
[01:16:06.940 --> 01:16:10.940]  way for saying we're going to merge all three branches.
[01:16:10.940 --> 01:16:14.940]  If that ever got up in front of the Supreme Court, you'd think that would get totally
[01:16:14.940 --> 01:16:15.940]  shot down.
[01:16:15.940 --> 01:16:16.940]  Yep.
[01:16:16.940 --> 01:16:20.940]  Unless we're talking about something that's consented to, in which case it's not a merger
[01:16:20.940 --> 01:16:21.940]  of government.
[01:16:21.940 --> 01:16:23.940]  It's the appearance of the merger of government.
[01:16:23.940 --> 01:16:28.940]  Even if the Supreme Court was totally stacked by whatever president?
[01:16:28.940 --> 01:16:29.940]  Sure.
[01:16:29.940 --> 01:16:31.940]  Put nine communists on the court.
[01:16:31.940 --> 01:16:34.940]  They're still going to understand the commercial reality.
[01:16:34.940 --> 01:16:35.940]  Right.
[01:16:35.940 --> 01:16:38.940]  And thank God we don't have nine communists on the court.
[01:16:38.940 --> 01:16:43.940]  We have nine lawyers on the court who have been teaching us our legal reality from day
[01:16:43.940 --> 01:16:44.940]  one.
[01:16:44.940 --> 01:16:48.940]  I thank God for the Supreme Court daily.
[01:16:48.940 --> 01:16:49.940]  All right.
[01:16:49.940 --> 01:16:50.940]  Well, listen, we're going to break.
[01:16:50.940 --> 01:16:52.940]  When we get back, we're going to start taking your calls.
[01:16:52.940 --> 01:16:55.940]  Folks, if you'd like to call in, 512-646-1984.
[01:16:55.940 --> 01:17:00.940]  We'll be right back.
[01:17:00.940 --> 01:17:05.940]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[01:17:05.940 --> 01:17:07.940]  supplies in the Austin metro area.
[01:17:07.940 --> 01:17:09.940]  We also ship worldwide.
[01:17:09.940 --> 01:17:14.940]  We are a family-owned and operated business that offers competitive prices on your coin
[01:17:14.940 --> 01:17:15.940]  and metals purchases.
[01:17:15.940 --> 01:17:21.940]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[01:17:21.940 --> 01:17:22.940]  metals, and scrap gold.
[01:17:22.940 --> 01:17:26.940]  We will purchase and sell gold and jewelry items as well.
[01:17:26.940 --> 01:17:29.940]  We offer daily specials on coins and bullion.
[01:17:29.940 --> 01:17:35.940]  We're located at 5448 Barnett Road, Suite 3, and we're open Monday through Friday, 10
[01:17:35.940 --> 01:17:38.940]  a.m. to 6 p.m., Saturdays, 10 a.m. to 5 p.m.
[01:17:38.940 --> 01:17:46.940]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:46.940 --> 01:17:47.940]  with any questions.
[01:17:47.940 --> 01:17:52.940]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:17:52.940 --> 01:17:59.940]  That's Capital Coin and Bullion, 512-646-6440.
[01:17:59.940 --> 01:18:03.940]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:18:03.940 --> 01:18:08.940]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:08.940 --> 01:18:12.940]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[01:18:12.940 --> 01:18:14.940]  who have been cheated by their lenders.
[01:18:14.940 --> 01:18:19.940]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[01:18:19.940 --> 01:18:21.940]  thousands, but there is a remedy.
[01:18:21.940 --> 01:18:30.940]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[01:18:30.940 --> 01:18:35.940]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:35.940 --> 01:18:40.940]  We will prepare for you a qualified written request that will expose the fraud
[01:18:40.940 --> 01:18:42.940]  and put the lenders on the dime.
[01:18:42.940 --> 01:18:46.940]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:18:46.940 --> 01:18:55.940]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need
[01:18:55.940 --> 01:18:59.940]  to stop the money changers in their tracks.
[01:18:59.940 --> 01:19:26.940]  All right, folks, we are back.
[01:19:26.940 --> 01:19:32.940]  We got three more segments left in our Friday four-hour info marathon with our very good
[01:19:32.940 --> 01:19:33.940]  friend, Harmon Taylor.
[01:19:33.940 --> 01:19:36.940]  Boy, this show has just flown by, I'll tell you.
[01:19:36.940 --> 01:19:38.940]  And we've got some callers on the line.
[01:19:38.940 --> 01:19:41.940]  We're going to go to Robert in Texas.
[01:19:41.940 --> 01:19:43.940]  Robert, thanks for calling in.
[01:19:43.940 --> 01:19:44.940]  What's on your mind tonight?
[01:19:44.940 --> 01:19:48.940]  I just had a few words to say for Harmon.
[01:19:48.940 --> 01:19:49.940]  Hi, Harmon.
[01:19:49.940 --> 01:19:51.940]  How are you this evening?
[01:19:51.940 --> 01:19:52.940]  Oh, pretty good.
[01:19:52.940 --> 01:19:58.940]  Would you mind if I talked about my two tickets that were dismissed?
[01:19:58.940 --> 01:19:59.940]  Not at all.
[01:19:59.940 --> 01:20:04.940]  In fact, I've already bragged on that judge, so if you want to fill in some more details,
[01:20:04.940 --> 01:20:05.940]  feel free.
[01:20:05.940 --> 01:20:08.940]  Yeah, well, there's a couple of things.
[01:20:08.940 --> 01:20:16.940]  One of them was one of Harmon's deals is that he likes to preserve the material and the
[01:20:16.940 --> 01:20:19.940]  facts of the case at the very beginning.
[01:20:19.940 --> 01:20:26.940]  And I've tried to stress this to a couple different people at different times, but it
[01:20:26.940 --> 01:20:29.940]  doesn't evidently make sense to some of them.
[01:20:29.940 --> 01:20:39.940]  But what I did was the motions were written, and when I went into the arguments, like when
[01:20:39.940 --> 01:20:45.940]  I went in with a bunch of other people, the judge would call out everyone's name and ask
[01:20:45.940 --> 01:20:47.940]  them to plead.
[01:20:47.940 --> 01:20:51.940]  But when he called my name and I stood up, I wasn't there to plead.
[01:20:51.940 --> 01:20:55.940]  I was there to hear my motions that I had already found.
[01:20:55.940 --> 01:21:06.940]  So they set me back down, and the little tricky thing here was that I swear in as soon as
[01:21:06.940 --> 01:21:13.940]  I could when I got in front of the judge as to be sworn in so I could preserve the facts
[01:21:13.940 --> 01:21:21.940]  of the case and the motion, it kind of catches them off guard.
[01:21:21.940 --> 01:21:28.940]  And most of the time, they won't be prepared to question you because you're sworn in and
[01:21:28.940 --> 01:21:30.940]  they have that right.
[01:21:30.940 --> 01:21:36.940]  But after I laid that down, the prosecutor seemed to come over on my side, didn't he,
[01:21:36.940 --> 01:21:37.940]  Harmon?
[01:21:37.940 --> 01:21:38.940]  Yes, he did.
[01:21:38.940 --> 01:21:47.940]  And his background, as I recall, is in commercial application of maritime law, so I think he
[01:21:47.940 --> 01:21:51.940]  understood immediately what you were presenting.
[01:21:51.940 --> 01:21:57.940]  But the whole idea here is it's a little different approach than what most people do.
[01:21:57.940 --> 01:22:05.940]  One of the arguments in the motion was the notice issue, and it took a little while for
[01:22:05.940 --> 01:22:11.940]  the judge, I think, to catch hold, but they even recommended that we go right straight
[01:22:11.940 --> 01:22:16.940]  on to county court and just bypass them completely.
[01:22:16.940 --> 01:22:18.940]  Well, that's not a good idea, is it, Harmon?
[01:22:18.940 --> 01:22:22.940]  You need to go ahead and get through with your business there and make sure you've got
[01:22:22.940 --> 01:22:24.940]  it down rock solid.
[01:22:24.940 --> 01:22:27.940]  Yes, and get a judgment.
[01:22:27.940 --> 01:22:34.940]  And so I'm probably one of the very few people with a group I run around with anyway that's
[01:22:34.940 --> 01:22:41.940]  got two documents that's signed by the judge that no driver's license and speeding ticket
[01:22:41.940 --> 01:22:45.940]  were dismissed.
[01:22:45.940 --> 01:22:50.940]  And I'm kind of proud of those two documents because I tried to do everything that Harmon
[01:22:50.940 --> 01:22:53.940]  told me to do.
[01:22:53.940 --> 01:22:55.940]  But anyway, that's that story.
[01:22:55.940 --> 01:22:58.940]  That came out real well.
[01:22:58.940 --> 01:23:05.940]  And another thing that I want to say, I want to brag on Harmon a little bit, is the fact
[01:23:05.940 --> 01:23:14.940]  that I watched him in court, and he lays out his case very well.
[01:23:14.940 --> 01:23:19.940]  In this particular case, he argued the money issue.
[01:23:19.940 --> 01:23:24.940]  And there are two types of laws that goes with the money issues.
[01:23:24.940 --> 01:23:32.940]  And he had some silver coins with him, and he had the jurors there.
[01:23:32.940 --> 01:23:40.940]  And as he spoke to the jurors, he laid the silver coins in front of the jurors for them
[01:23:40.940 --> 01:23:42.940]  to touch and feel and see.
[01:23:42.940 --> 01:23:47.940]  And he explained that side of the law to them.
[01:23:47.940 --> 01:23:51.940]  But he also explained Satan's law to them.
[01:23:51.940 --> 01:23:58.940]  And Harmon also testified early, as I recall.
[01:23:58.940 --> 01:24:07.940]  And naturally, this particular prosecutor wanted to cross-examine Harmon after Harmon
[01:24:07.940 --> 01:24:09.940]  testified.
[01:24:09.940 --> 01:24:17.940]  And it was really funny because I don't remember the exact details, but every time the prosecutor
[01:24:17.940 --> 01:24:23.940]  asked Harmon questions, Harmon would always ask him, which law?
[01:24:23.940 --> 01:24:28.940]  And Harmon had already made his argument with two different laws.
[01:24:28.940 --> 01:24:32.940]  So that was already established.
[01:24:32.940 --> 01:24:35.940]  It was one or the other.
[01:24:35.940 --> 01:24:41.940]  But when Harmon would ask him, answer his question with a question, which law are you
[01:24:41.940 --> 01:24:48.940]  talking about, that prosecutor would withdraw his question.
[01:24:48.940 --> 01:24:51.940]  So that was pretty neat.
[01:24:51.940 --> 01:24:58.940]  And another fascinating thing afterwards is that when that was, he hung the jury.
[01:24:58.940 --> 01:25:05.940]  But when all of that was over and said and done, it was amazing that Baylor and all the
[01:25:05.940 --> 01:25:09.940]  cops come out and shook Harmon Taylor's hand.
[01:25:09.940 --> 01:25:14.940]  They said they have always wondered how that worked.
[01:25:14.940 --> 01:25:17.940]  These are just two things I won't throw in.
[01:25:17.940 --> 01:25:18.940]  So I'll let you go.
[01:25:18.940 --> 01:25:20.940]  Well, more than appreciate the call.
[01:25:20.940 --> 01:25:21.940]  Thank you, Robert.
[01:25:21.940 --> 01:25:22.940]  Bye.
[01:25:22.940 --> 01:25:23.940]  Thank you, Robert.
[01:25:23.940 --> 01:25:25.940]  We appreciate that.
[01:25:25.940 --> 01:25:29.940]  Yeah, I'm actually happy to say I'm one of those people that has a complete dismissal
[01:25:29.940 --> 01:25:34.940]  from a judge and a city prosecutor for six different charges on the same stop.
[01:25:34.940 --> 01:25:36.940]  Wow.
[01:25:36.940 --> 01:25:39.940]  You got pistol-whipped.
[01:25:39.940 --> 01:25:40.940]  Pretty much.
[01:25:40.940 --> 01:25:41.940]  Pencil.
[01:25:41.940 --> 01:25:42.940]  I always do.
[01:25:42.940 --> 01:25:49.940]  No liches, no registration, no insurance, no drivers, just invalid plates and so on
[01:25:49.940 --> 01:25:50.940]  and so forth.
[01:25:50.940 --> 01:25:51.940]  They just try to rack them up.
[01:25:51.940 --> 01:25:56.940]  The problem is the police officer took a copy of my seminar book, which makes all of these
[01:25:56.940 --> 01:25:59.940]  points and read it.
[01:25:59.940 --> 01:26:01.940]  Then he gave it to the judge and the prosecutor.
[01:26:01.940 --> 01:26:03.940]  A week later, I get my dismissal.
[01:26:03.940 --> 01:26:04.940]  There you go.
[01:26:04.940 --> 01:26:05.940]  Good for you.
[01:26:05.940 --> 01:26:07.940]  Now, go ahead, Andy.
[01:26:07.940 --> 01:26:14.940]  I wanted to touch on fighting the case in the municipal court.
[01:26:14.940 --> 01:26:19.940]  When you appeal to the county court, you appeal for Carl DeNovo.
[01:26:19.940 --> 01:26:20.940]  Correct.
[01:26:20.940 --> 01:26:30.940]  I was in a county court and I asked an officer about a question I had raised in the original
[01:26:30.940 --> 01:26:31.940]  suit.
[01:26:31.940 --> 01:26:36.940]  The prosecutor jumped up and objected because this was Carl DeNovo.
[01:26:36.940 --> 01:26:43.940]  I reminded the court that this was Carl DeNovo for the purpose of perfecting my appeal, not
[01:26:43.940 --> 01:26:50.940]  for the purpose of shielding the officer from false testimony.
[01:26:50.940 --> 01:26:53.940]  And the judge said, overruled.
[01:26:53.940 --> 01:26:55.940]  Good for you.
[01:26:55.940 --> 01:27:02.940]  So do the trial because their testimony is trial DeNovo, but the testimony they give
[01:27:02.940 --> 01:27:06.940]  in the original trial, you can still bring back and beat them over the head with it.
[01:27:06.940 --> 01:27:11.940]  You have to lay down everything at the trial court level for the appeal.
[01:27:11.940 --> 01:27:16.940]  Now, before we go to more anywhere crawlers, we're almost at the end of the segment.
[01:27:16.940 --> 01:27:21.940]  I wanted to ask Carmen one thing real quick concerning this choice of law and the funny
[01:27:21.940 --> 01:27:26.940]  money system, and you're talking about the law of the land and everything.
[01:27:26.940 --> 01:27:32.940]  Why does it necessarily follow that if it's funny money that that means maritime law
[01:27:32.940 --> 01:27:36.940]  and not necessarily some other type of law?
[01:27:36.940 --> 01:27:38.940]  At this level, there are two choices.
[01:27:38.940 --> 01:27:40.940]  We're either under the law of the land or the law of the sea.
[01:27:40.940 --> 01:27:42.940]  There's no other choice of law.
[01:27:42.940 --> 01:27:53.940]  At this level, we can get into whether we're under Texas or Ohio or Iowa law in this or that level of rules of decision.
[01:27:53.940 --> 01:27:56.940]  But if we're doing that, we've already determined that we're in maritime law.
[01:27:56.940 --> 01:27:59.940]  So you're basically saying there's really only two choices.
[01:27:59.940 --> 01:28:02.940]  At this level, at the first level, there are two choices.
[01:28:02.940 --> 01:28:03.940]  Okay.
[01:28:03.940 --> 01:28:05.940]  And the money is the best evidence of that choice.
[01:28:05.940 --> 01:28:06.940]  Okay.
[01:28:06.940 --> 01:28:09.940]  If we see funny money, say we're in Europe somewhere.
[01:28:09.940 --> 01:28:12.940]  We see funny money, they're in a maritime system.
[01:28:12.940 --> 01:28:15.940]  Why is funny money okay in a maritime system?
[01:28:15.940 --> 01:28:17.940]  It's all commercial.
[01:28:17.940 --> 01:28:26.940]  Everyone who participates in that plan agrees to that plan to participate in it.
[01:28:26.940 --> 01:28:29.940]  We have a choice about what money we use.
[01:28:29.940 --> 01:28:31.940]  We have a choice.
[01:28:31.940 --> 01:28:37.940]  Now, the banks say we're going to take all of your legitimate money out of circulation because you're an idiot
[01:28:37.940 --> 01:28:39.940]  and you let us touch it in the first place.
[01:28:39.940 --> 01:28:46.940]  So they suck all the real money out of circulation and substitute in all the funny money.
[01:28:46.940 --> 01:28:48.940]  We have a choice.
[01:28:48.940 --> 01:28:53.940]  Well, Harmon, even if we agree to it, even from my basic understanding of contract law,
[01:28:53.940 --> 01:28:56.940]  if there's no consideration, the contract's void.
[01:28:56.940 --> 01:29:01.940]  So it looks to me like in this system, there's no consideration.
[01:29:01.940 --> 01:29:05.940]  Guess what constitutes consideration in the place called this state?
[01:29:05.940 --> 01:29:06.940]  What?
[01:29:06.940 --> 01:29:09.940]  I promise to do such and such.
[01:29:09.940 --> 01:29:11.940]  Promise.
[01:29:11.940 --> 01:29:12.940]  You don't have to have an exchange.
[01:29:12.940 --> 01:29:15.940]  A promise is adequate consideration.
[01:29:15.940 --> 01:29:16.940]  So what's the promise?
[01:29:16.940 --> 01:29:17.940]  Anything.
[01:29:17.940 --> 01:29:20.940]  I promise to mow your yard.
[01:29:20.940 --> 01:29:21.940]  That's consideration.
[01:29:21.940 --> 01:29:25.940]  So you're saying if they can trick us into promising something.
[01:29:25.940 --> 01:29:28.940]  Or if they promise something, if it's a mutual exchange.
[01:29:28.940 --> 01:29:29.940]  That's considered consideration?
[01:29:29.940 --> 01:29:32.940]  In this state, that's adequate consideration.
[01:29:32.940 --> 01:29:34.940]  Is there case law on that?
[01:29:34.940 --> 01:29:35.940]  Sure.
[01:29:35.940 --> 01:29:36.940]  Wow.
[01:29:36.940 --> 01:29:37.940]  Okay.
[01:29:37.940 --> 01:29:38.940]  Interesting.
[01:29:38.940 --> 01:29:40.940]  Mind boggling, isn't it?
[01:29:40.940 --> 01:29:41.940]  All right.
[01:29:41.940 --> 01:29:47.940]  Well, maybe if you can cite some of those cases on the way on the next segment, that's fine.
[01:29:47.940 --> 01:29:49.940]  We've got more callers on the line.
[01:29:49.940 --> 01:29:53.940]  We've got John, Tim, Mike, and others.
[01:29:53.940 --> 01:29:55.940]  We'll be right back.
[01:29:55.940 --> 01:29:58.940]  This is the rule of law.
[01:29:58.940 --> 01:30:02.940]  Top ten reasons to question the official story of the Oklahoma City bombing, reason number five.
[01:30:02.940 --> 01:30:08.940]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[01:30:08.940 --> 01:30:13.940]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:13.940 --> 01:30:17.940]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:17.940 --> 01:30:21.940]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:21.940 --> 01:30:27.940]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:27.940 --> 01:30:33.940]  For more information, go to okcbombingtruth.com.
[01:30:33.940 --> 01:30:35.940]  Have you had your hug today?
[01:30:35.940 --> 01:30:39.940]  If not, you're missing out on some of the best medicine relationships have to offer.
[01:30:39.940 --> 01:30:41.940]  I'm Dr. Catherine Albrecht.
[01:30:41.940 --> 01:30:46.940]  I'll be back in just a moment to tell you why you should get your daily dose of hug power.
[01:30:46.940 --> 01:30:48.940]  Privacy is under attack.
[01:30:48.940 --> 01:30:51.940]  When you give up data about yourself, you'll never get it back again.
[01:30:51.940 --> 01:30:56.940]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:56.940 --> 01:31:01.940]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:01.940 --> 01:31:04.940]  Privacy, it's worth hanging on to.
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[01:31:14.940 --> 01:31:17.940]  A hug a day could keep the heart doctor away.
[01:31:17.940 --> 01:31:24.940]  Researchers at the University of North Carolina say a simple embrace has benefits that go way beyond that warm and fuzzy feeling.
[01:31:24.940 --> 01:31:29.940]  They measured the levels of the stress hormone cortisol and the bonding hormone oxytocin,
[01:31:29.940 --> 01:31:33.940]  both before and after volunteer couples held hands, talked, and hugged.
[01:31:33.940 --> 01:31:39.940]  Following the 22nd hug, oxytocin increased and cortisol decreased in both men and women.
[01:31:39.940 --> 01:31:44.940]  As a result, their blood pressure also went down, lowering their risk of cardiovascular disease.
[01:31:44.940 --> 01:31:46.940]  So wrap your arms around the one you love.
[01:31:46.940 --> 01:31:49.940]  It'll do your heart and theirs a world of good.
[01:31:49.940 --> 01:31:53.940]  I'm Dr. Catherine Albrecht, sending you a virtual hug from Radioland.
[01:31:53.940 --> 01:31:57.940]  More news and information at CatherineAlbrecht.com.
[01:32:23.940 --> 01:32:25.940]  Thank you very much.
[01:32:53.940 --> 01:32:55.940]  I need some God's Jesus in my eyes.
[01:32:55.940 --> 01:32:59.940]  That model just take off the silly mind.
[01:32:59.940 --> 01:33:02.940]  In the light of day we all will pass.
[01:33:02.940 --> 01:33:04.940]  The rules of ingenuity.
[01:33:04.940 --> 01:33:08.940]  The rules against the workers of iniquity.
[01:33:08.940 --> 01:33:11.940]  The rules of ingenuity.
[01:33:11.940 --> 01:33:39.940]  The rules against the workers of iniquity.
[01:33:39.940 --> 01:33:41.940]  The rules of ingenuity.
[01:33:41.940 --> 01:33:45.940]  The rules against the workers of iniquity.
[01:33:45.940 --> 01:33:51.940]  The rules about the capability available for all eternity.
[01:33:51.940 --> 01:33:57.940]  They come from nature in the minute to the step-fast fruits of all the gistity.
[01:33:57.940 --> 01:34:03.940]  The rules to recon-dignity, to rebuild the credibility.
[01:34:03.940 --> 01:34:10.940]  Truth in nature must be just beside me.
[01:34:10.940 --> 01:34:16.940]  Truth in nature must be just this.
[01:34:16.940 --> 01:34:18.940]  And though if you don't take time.
[01:34:18.940 --> 01:34:20.940]  Peace and God.
[01:34:20.940 --> 01:34:21.940]  The end of times.
[01:34:21.940 --> 01:34:25.940]  And all that just takes off the silly mind.
[01:34:25.940 --> 01:34:28.940]  In the light of day all will pass.
[01:34:28.940 --> 01:34:31.940]  The rules of ingenuity.
[01:34:31.940 --> 01:34:33.940]  So maybe I'm not, I'm just kidding.
[01:34:33.940 --> 01:34:34.940]  All right.
[01:34:34.940 --> 01:34:35.940]  We are back.
[01:34:35.940 --> 01:34:36.940]  Rule of law.
[01:34:36.940 --> 01:34:39.940]  And we are taking your phone calls now.
[01:34:39.940 --> 01:34:46.940]  We are going now to speak to John in Texas.
[01:34:46.940 --> 01:34:49.940]  Hi, how are you doing?
[01:34:49.940 --> 01:34:50.940]  Hi, John.
[01:34:50.940 --> 01:34:51.940]  Thanks for calling in.
[01:34:51.940 --> 01:34:52.940]  What's on your mind tonight?
[01:34:52.940 --> 01:35:00.940]  I got sued by a guy in town that had gone into investment that I had introduced him to.
[01:35:00.940 --> 01:35:06.880]  didn't receive any money there was no fraud but he got some lawyers to go and
[01:35:06.880 --> 01:35:12.160]  sue me for the fraud because I had money and that was the only reason that they
[01:35:12.160 --> 01:35:15.580]  did it John listen we're having a hard time hearing you are you on a speaker
[01:35:15.580 --> 01:35:28.660]  phone let me okay yes thank you okay so anyway they sued me for fraud and I
[01:35:28.660 --> 01:35:37.020]  countersuit them and they did not answer the countersuit so they're in default on
[01:35:37.020 --> 01:35:39.940]  the countersuit and I've heard two different no no they're not they don't
[01:35:39.940 --> 01:35:47.220]  have to answer a counter suit oh okay I ran into that once okay that's what I
[01:35:47.220 --> 01:35:51.260]  thought I thought I had I called the clerk well he would you like to file the
[01:35:51.260 --> 01:35:53.820]  default judgment they're in default would you like to file the default so
[01:35:53.820 --> 01:35:59.500]  they don't somebody doesn't have to answer a counter suit no is that right
[01:35:59.500 --> 01:36:06.940]  Harmon only the original position no you should answer the countersuit but you
[01:36:06.940 --> 01:36:11.780]  don't get a no answer default for not answering the countersuit so what's the
[01:36:11.780 --> 01:36:20.460]  penalty for our there isn't one the penalty is exactly essence is that right
[01:36:20.460 --> 01:36:26.020]  Harmon well if they've got if they they're not really punished for not
[01:36:26.020 --> 01:36:30.380]  answering you're you're understanding of that same as mine and no real
[01:36:30.380 --> 01:36:35.820]  requirement to file an answer to a counterclaim are they acquiescing though
[01:36:35.820 --> 01:36:42.260]  if they don't answer not necessarily if the thing to do after that's either going
[01:36:42.260 --> 01:36:47.340]  to discover your parcel summary judgments or summary judgment motions but
[01:36:47.340 --> 01:36:51.660]  of course for that they'll have the opportunity to answer those they'll have
[01:36:51.660 --> 01:36:56.420]  to answer but you can't just get a no answer default on a counterclaim that's
[01:36:56.420 --> 01:37:03.860]  my understanding yes okay we had that issue and I checked in the code and
[01:37:03.860 --> 01:37:09.580]  couldn't move the civil procedure and they did not have to answer is this
[01:37:09.580 --> 01:37:16.560]  federal yes okay well I know you can't give legal advice but what's what's the
[01:37:16.560 --> 01:37:21.260]  next step for me to do should I just go and try to do the summary judgment not
[01:37:21.260 --> 01:37:26.860]  knowing a thing about your case maybe if you're sure there's no genuine issue
[01:37:26.860 --> 01:37:32.140]  material facts so my judgment would be would be suitable if there's if there's
[01:37:32.140 --> 01:37:36.780]  anything to be ferreted out in the way of what is it this what it's an issue
[01:37:36.780 --> 01:37:46.380]  then discovery is is what's next will both sides agree to all of the facts
[01:37:46.380 --> 01:37:53.020]  that are stated if they don't then oh you're asking him that yeah I'm asking
[01:37:53.020 --> 01:37:57.940]  I'm asking the caller no no I when they when they sued me I answered it all in
[01:37:57.940 --> 01:38:07.980]  negative affirmative okay well you know discover your answer discovery and civil
[01:38:07.980 --> 01:38:13.940]  lawsuits go hand-in-hand that's that's pretty much where the activity is and so
[01:38:13.940 --> 01:38:20.940]  if if it's everything's disagreed then someone needs to put a little bit of
[01:38:20.940 --> 01:38:25.780]  structure on what the facts really are so so Harmon if there are disputes
[01:38:25.780 --> 01:38:30.260]  concerning material facts then you can't get a summary judgment is that what
[01:38:30.260 --> 01:38:34.820]  you're saying summary doesn't standard is no it goes along like this no genuine
[01:38:34.820 --> 01:38:39.980]  issue of material fact okay so if there is a fact issue to be determined then
[01:38:39.980 --> 01:38:47.940]  summary judgment shouldn't apply doesn't mean it won't but it shouldn't yeah that
[01:38:47.940 --> 01:38:53.540]  doesn't go to a difference of opinion about the facts no it's just that if
[01:38:53.540 --> 01:38:58.580]  everybody says yeah these facts happened but it was his fault no it was his fault
[01:38:58.580 --> 01:39:03.580]  that's different that's yeah you judge can still give summary judgment on that
[01:39:03.580 --> 01:39:10.220]  so long as everybody agrees about the facts themselves right but yeah okay on
[01:39:10.220 --> 01:39:18.620]  that sort of thing that it sounds like it's a messy case and to settle some of
[01:39:18.620 --> 01:39:27.260]  that down discovery might be of use okay who can I talk to about that you know
[01:39:27.260 --> 01:39:34.060]  off off the air get more detailed well a quick a quick question you said you
[01:39:34.060 --> 01:39:41.540]  answered with a negative of vermouth yes sir did you deny the claims made by the
[01:39:41.540 --> 01:39:49.020]  plaintiff yes did he make claims with specificity and you denied him with
[01:39:49.020 --> 01:39:57.940]  particularity yes good good good then you're cool because if you just file a
[01:39:57.940 --> 01:40:02.580]  negative of vermouth you might have some problems and what was the nature of the
[01:40:02.580 --> 01:40:14.780]  causes of action you claimed against the plaintiff I had someone help me do it I
[01:40:14.780 --> 01:40:19.260]  can't remember exactly what we what we did but it was harassment okay
[01:40:19.260 --> 01:40:25.740]  understand I'm not asking what the specifics of the case were what were the
[01:40:25.740 --> 01:40:31.420]  causes of action in a civil action you don't just say he's a no good rotten
[01:40:31.420 --> 01:40:35.020]  scoundrel he did this no good rotten stuff to me and I feel like I was
[01:40:35.020 --> 01:40:42.700]  injured you make your claim in terms of a defined cause of action making sure
[01:40:42.700 --> 01:40:46.940]  you claim all of the elements of that cause of action just like if I accuse
[01:40:46.940 --> 01:40:52.420]  someone of a crime I accuse him of violating a specific statute and I have
[01:40:52.420 --> 01:41:02.540]  to name all the elements you have causes of action that are the same way so you
[01:41:02.540 --> 01:41:06.060]  need to make sure they're in there if you don't have causes of action you need
[01:41:06.060 --> 01:41:10.580]  to amend to get causes of action in there get O'Connor's causes of action it
[01:41:10.580 --> 01:41:17.620]  is a wonderful book what is it what's the book called O'Connor's causes of
[01:41:17.620 --> 01:41:23.300]  action Texas causes of action call a couple of attorneys ask them if tell
[01:41:23.300 --> 01:41:28.060]  them you're you're homeschooling your kids you want to give them a course in
[01:41:28.060 --> 01:41:33.820]  law ask them to have any old law books laid around okay you get a couple year
[01:41:33.820 --> 01:41:40.980]  old copy and they are wonderful and they have annotations all the causes of
[01:41:40.980 --> 01:41:45.100]  action lists all the annotations one time Randy and I spent a whole show
[01:41:45.100 --> 01:41:50.540]  almost four hours going over causes of action for malpractice lawsuits against
[01:41:50.540 --> 01:41:56.100]  attorneys and I'll tell you after going through that if I was an attorney if I
[01:41:56.100 --> 01:42:00.140]  had I mean if I was thinking about becoming an attorney I would never do it
[01:42:00.140 --> 01:42:04.540]  because you can sue an attorney for almost anything for malpractice is
[01:42:04.540 --> 01:42:08.220]  outrageous how many causes of action there are for malpractice against
[01:42:08.220 --> 01:42:18.540]  attorneys it's crazy yeah Harman's nodding his head he agrees yeah you
[01:42:18.540 --> 01:42:23.740]  could I got this book nobody who's an attorney read this book first I don't I
[01:42:23.740 --> 01:42:29.620]  wouldn't think so okay we need to move on okay all right tell me tell me who I
[01:42:29.620 --> 01:42:33.260]  need to talk to or whatever like get some more advice on from one of you guys
[01:42:33.260 --> 01:42:38.300]  or simply send me an email to Randy at remedies and Randy at the rule of law
[01:42:38.300 --> 01:42:49.340]  radio Randy at the rule of law radio no rule of law radio calm just go to the
[01:42:49.340 --> 01:42:54.300]  website you can click I've got an email link there and you'll have to deposit
[01:42:54.300 --> 01:43:07.660]  something into his beer fund okay take care now all right thanks thanks John
[01:43:07.660 --> 01:43:12.620]  okay we're about to go to break in less than a minute but we'll start in on the
[01:43:12.620 --> 01:43:17.060]  next caller Tim in Texas Tim thanks for calling in what's on your mind tonight
[01:43:17.060 --> 01:43:23.740]  well in the Texas we got but I've got a theory on why they're pushing everyone
[01:43:23.740 --> 01:43:28.940]  try to get your mention municipal justice court yeah okay we only got about
[01:43:28.940 --> 01:43:32.980]  20 seconds go quickly okay I'll finish up on the other side but that's what I
[01:43:32.980 --> 01:43:37.300]  wanted to talk about okay and Tim we're having a hard time understanding your
[01:43:37.300 --> 01:43:40.660]  phones cutting out if you're on a cell phone try to get to a better location in
[01:43:40.660 --> 01:43:45.540]  your house or if you're on a wireless or cordless try to get on the landline or
[01:43:45.540 --> 01:43:53.060]  something all right we'll be right back we only got one segment left folks here
[01:43:53.060 --> 01:44:01.060]  on the rule of law radio rule of law radio comm we'll be right back more
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[01:46:54.300 --> 01:47:11.180]  into the city they will shuffle many long nights many strong thrills land of
[01:47:11.180 --> 01:47:26.660]  comfort land of scuffle it's hard to lose and it's hard to hold far back as
[01:47:26.660 --> 01:47:55.020]  they remember they've been told this is a rule of law we've got one final
[01:47:55.020 --> 01:47:59.700]  segment we've got our special guest Harmon Taylor we're taking your calls
[01:47:59.700 --> 01:48:04.820]  we're with Tim in Texas right now okay Tim can you please repeat the question
[01:48:04.820 --> 01:48:11.300]  well I've got a theory on why they're pushing people so quickly to get the
[01:48:11.300 --> 01:48:19.300]  there please enter them what's your theory in JP court well chapter 45 of the
[01:48:19.300 --> 01:48:23.220]  code of criminal procedures makes no provision has no provisions whatsoever
[01:48:23.220 --> 01:48:27.140]  for arraignment and first fact the word arraign doesn't even appear in there
[01:48:27.140 --> 01:48:31.860]  anywheres the only thing that that allows them to talks about entering a
[01:48:31.860 --> 01:48:37.020]  plea is forty five point oh two three and that has to do with average jury is
[01:48:37.020 --> 01:48:41.300]  entangled or after the defendant has waived the trial by jury the defendant
[01:48:41.300 --> 01:48:46.340]  may enter a plea and then the next section forty five point oh two four
[01:48:46.340 --> 01:48:49.380]  says that the justice or judge will enter a plea of not guilty if the
[01:48:49.380 --> 01:48:56.420]  defendant refuses well that has to be tied all together so that if the person
[01:48:56.420 --> 01:49:00.860]  refuses the plea after the jury is in panel but if they get people to enter a
[01:49:00.860 --> 01:49:07.900]  plea willingly and voluntarily then I believe that the forms that they sign is
[01:49:07.900 --> 01:49:12.580]  where they waive a trial by jury and therefore their plea is on the end but I
[01:49:12.580 --> 01:49:20.020]  don't I think most people don't even understand that looks that's a good
[01:49:20.020 --> 01:49:24.340]  detailed reading of the statutes there and yeah the municipal court works on
[01:49:24.340 --> 01:49:28.540]  the signed documents there's all kinds of things we waive when we start signing
[01:49:28.540 --> 01:49:33.380]  their documents yeah well there's another issue though and that is that
[01:49:33.380 --> 01:49:39.620]  the very first part of 45 45.02 or 03 specifically says that when there is no
[01:49:39.620 --> 01:49:46.260]  provision in that chapter for a process or procedure regarding the prosecution of
[01:49:46.260 --> 01:49:50.500]  case in that venue that the rest of the code of criminal procedure shall be
[01:49:50.500 --> 01:49:57.500]  applied which they don't do they insist they can only stick within chapter 45
[01:49:57.500 --> 01:50:02.180]  unless it suits on to use something else against you but you're not allowed to
[01:50:02.180 --> 01:50:06.340]  tell them that they're required to use another part of the law when it's in
[01:50:06.340 --> 01:50:12.580]  your defense now this of course is bogus but it is what they do and that's part
[01:50:12.580 --> 01:50:17.660]  of what I do with the affidavits and motions that I file is I lay out step by
[01:50:17.660 --> 01:50:20.860]  step here's what you should be doing according to the code of criminal
[01:50:20.860 --> 01:50:26.700]  procedure right now here's where you did not do it and I'm a certainty as a
[01:50:26.700 --> 01:50:32.060]  statement of fact that you have deprived me of my due process right by not doing
[01:50:32.060 --> 01:50:39.900]  it okay now just kind of continue with my theory based on that if 502 says look
[01:50:39.900 --> 01:50:43.300]  outside other areas of the code that would send them to for arraignment that
[01:50:43.300 --> 01:50:48.460]  no not other areas of the code other parts other chapters of the code well
[01:50:48.460 --> 01:50:53.260]  that's what I meant I'm sorry so if there's no provision in 45 for an
[01:50:53.260 --> 01:50:58.860]  arraignment that was chapter 26 and cover 2601 2 & 3 which talks about the
[01:50:58.860 --> 01:51:04.860]  arraignment just in time of arraignment and 2601 says in all felony cases after
[01:51:04.860 --> 01:51:08.100]  indictment and all misdemeanor cases punishable by imprisonment there shall
[01:51:08.100 --> 01:51:11.420]  be an arraignment well there's no provision for an arraignment for class
[01:51:11.420 --> 01:51:17.460]  D misdemeanors so that's true legal limbo now I did some more checking on
[01:51:17.460 --> 01:51:24.620]  the annotated codes for 2601 couple of interesting cases popped up in one of
[01:51:24.620 --> 01:51:29.540]  the says the annotated quote was the decision that convicted defendant of the
[01:51:29.540 --> 01:51:33.140]  sale of a dangerous drug despite his claim he was not arraigned it was a
[01:51:33.140 --> 01:51:37.500]  firm because when defendants counsel entered a plea of not guilty for him
[01:51:37.500 --> 01:51:42.020]  there was no purpose for an arraignment so therefore that his attorney entered it
[01:51:42.020 --> 01:51:48.860]  for him voluntarily that was Richardson v state 508 Southwest 2nd
[01:51:48.860 --> 01:51:54.020]  yes the only purpose of arraignment is to determine the identity of the accused
[01:51:54.020 --> 01:52:02.140]  and take a plea but there's another problem the initial appearance where the
[01:52:02.140 --> 01:52:08.700]  clerk attempts to take a plea that plea should be taken by a magistrate not a
[01:52:08.700 --> 01:52:17.660]  judge in an examining trial not a court hearing they avoid doing that that way
[01:52:17.660 --> 01:52:21.380]  they wind up without a plea now if you went to examining trial you'd have to
[01:52:21.380 --> 01:52:25.820]  the judge is going to ask you you do this or not you're essentially going to
[01:52:25.820 --> 01:52:29.140]  have to give him a plea so he can hold an examining trial and take care of that
[01:52:29.140 --> 01:52:36.380]  problem yeah but you would also get to tell your side of the story but in order
[01:52:36.380 --> 01:52:41.660]  to even make a probable cause determination and the probable cause
[01:52:41.660 --> 01:52:45.900]  determination would be made before you would even be asked to make a plea
[01:52:45.900 --> 01:52:51.380]  because if there's no probable cause the whole thing would go away right there
[01:52:51.380 --> 01:52:56.580]  well part of it said they have to have a hearing and the first reasonable thing
[01:52:56.580 --> 01:53:01.660]  the judge is going to say is you do this oh no
[01:53:01.660 --> 01:53:04.980]  I'm innocent and driven so you essentially entered a plea in the case
[01:53:04.980 --> 01:53:10.060]  or a plea before the magistrate once the magistrate makes a probable cause
[01:53:10.060 --> 01:53:16.260]  determination then it goes before the court and then the court would have to
[01:53:16.260 --> 01:53:20.540]  determine what your plea is before the court and who you are and what your plea
[01:53:20.540 --> 01:53:25.220]  is and there is a provision for the arraignment it's not in 45 but it's in code
[01:53:25.220 --> 01:53:30.740]  of criminal procedure and it used to Eddie explained that how it used to say
[01:53:30.740 --> 01:53:37.220]  that the JP or municipal court couldn't do the plea that the arraignment it had
[01:53:37.220 --> 01:53:42.540]  to be a county court and then they changed you explain that yeah 1517 B
[01:53:42.540 --> 01:53:47.540]  used to require until they changed it this past year that the justice or
[01:53:47.540 --> 01:53:52.140]  municipal court was to direct you to a county or statutory County Court for the
[01:53:52.140 --> 01:53:57.560]  purpose of conducting an arraignment why because the statutes very clearly show
[01:53:57.560 --> 01:54:03.300]  that only certain types of offenses according to it we're supposed to have
[01:54:03.300 --> 01:54:07.260]  an arraignment and a justice and municipal court has zero jurisdiction over
[01:54:07.260 --> 01:54:12.900]  those types of offenses so they were directed to send you to a county or
[01:54:12.900 --> 01:54:17.700]  statutory County Court for the purpose of arraignment now the legislature has
[01:54:17.700 --> 01:54:22.260]  gone and amended it to try to say that the arraignments held by the county or
[01:54:22.260 --> 01:54:27.660]  the municipal or justice court yet they still did not change the law where the
[01:54:27.660 --> 01:54:31.120]  jurisdiction that applies to an arraignment is something over which they
[01:54:31.120 --> 01:54:36.520]  have jurisdiction to begin with it's completely outside their realm of
[01:54:36.520 --> 01:54:42.940]  authority but the problem that is it creates a separate distinct due process
[01:54:42.940 --> 01:54:53.900]  of law procedure for class C offenses versus every other kind well this is a
[01:54:53.900 --> 01:54:59.220]  quick little scenario okay hypothetical let's say someone gets a ticket they go
[01:54:59.220 --> 01:55:03.260]  into municipal court they go to see the clerk and the clerk asked them for a
[01:55:03.260 --> 01:55:07.420]  plea well we asked them instead of entering a plea we asked them are if
[01:55:07.420 --> 01:55:12.020]  they are a judicial official and if not which judicial official delegated the
[01:55:12.020 --> 01:55:17.540]  task of taking a plea to them and then just gather the information and move on
[01:55:17.540 --> 01:55:23.580]  then when we get to the magistrate and actually we demand that they they
[01:55:23.580 --> 01:55:28.760]  perform the duties under 1517 the clerk isn't going to want to do that so they
[01:55:28.760 --> 01:55:34.300]  set up the time for you to see the judge you go in to see the judge and he asks
[01:55:34.300 --> 01:55:38.100]  he's telling you there to demand that they perform the duties under 1517
[01:55:38.100 --> 01:55:41.900]  they're going to ask you to enter the plea said well the jury has not been in
[01:55:41.900 --> 01:55:45.300]  panel that I have not waived my right to a jury trial so therefore I'm not
[01:55:45.300 --> 01:55:49.380]  required to enter a plea and I refuse to do it voluntarily are you going to
[01:55:49.380 --> 01:55:55.580]  perform your duties under 1517 no then okay now we now the next question is how
[01:55:55.580 --> 01:56:00.740]  do we what we're going to find some case law that shows that violations due
[01:56:00.740 --> 01:56:09.140]  process causes the court to lose jurisdiction oh we got lots of that that
[01:56:09.140 --> 01:56:17.100]  would send me an email I'll send you my my due process and jurisdiction folder
[01:56:17.100 --> 01:56:25.140]  okay he becomes a trespasser ab initio yeah that all his acts are defeated I'm
[01:56:25.140 --> 01:56:28.420]  sorry I keep stepping on you Randy it seemed to work pretty good and I was
[01:56:28.420 --> 01:56:32.580]  talking with Don about this the other day and and he's actually tried this in
[01:56:32.580 --> 01:56:38.140]  a case and the judge he told the judge that he was there to invoke the duty
[01:56:38.140 --> 01:56:42.460]  under 1517 and the JP judge says yep that's we're here for now I need a plea
[01:56:42.460 --> 01:56:46.380]  he is no that's not part of the procedure I'll read it to you no no no
[01:56:46.380 --> 01:56:51.300]  you want to read it to me that's fine I'll go look I'll learn it myself and
[01:56:51.300 --> 01:56:57.500]  off you went that and that's a whoa wait a minute you are supposed to be
[01:56:57.500 --> 01:57:07.820]  learned counsel don't you know I have a right to a competent jurist I was
[01:57:07.820 --> 01:57:11.660]  thinking with the clerk 9-1-1 when they're not going to win there with a
[01:57:11.660 --> 01:57:16.340]  code of criminal procedures in your hand too and you did something that's very
[01:57:16.340 --> 01:57:21.740]  powerful if I don't want to fight with these folks if I need something I called
[01:57:21.740 --> 01:57:29.100]  him up and I called one up and I said I want to see the the criminal the warrant
[01:57:29.100 --> 01:57:35.660]  that for someone's arrest that's required to be produced under 1516
[01:57:35.660 --> 01:57:42.100]  immediately after arrest I want to see that warrant I got no argument when I
[01:57:42.100 --> 01:57:45.500]  tell them what I want give them the code that tells them they have to do it I
[01:57:45.500 --> 01:57:52.620]  don't get this huffing and puffing and song and dance so that was nice the way
[01:57:52.620 --> 01:57:57.900]  you did that but I didn't do it down did that so anyways is there any more
[01:57:57.900 --> 01:58:02.660]  callers or do we have a few more minutes we're actually at the end of the show
[01:58:02.660 --> 01:58:07.500]  right now okay well I hope that's been helpful for anybody out there so thank
[01:58:07.500 --> 01:58:11.580]  you Tim all right we appreciate everything all right we're at the end of
[01:58:11.580 --> 01:58:16.900]  our four-hour info marathon we're sorry Mike J we had a full board of callers
[01:58:16.900 --> 01:58:21.100]  tonight we did everything we could to get to everyone Harmon I'd like to thank
[01:58:21.100 --> 01:58:25.300]  you very much for joining us tonight and staying with us it's a pleasure thanks
[01:58:25.300 --> 01:58:29.140]  for thanks for doing this this is an awesome show awesome show all right
[01:58:29.140 --> 01:58:33.700]  folks we will be back on Monday night Monday nights are Eddie's night traffic
[01:58:33.700 --> 01:58:40.460]  nights and don't forget brave new books tomorrow at 3 p.m. 3 6 is Eddie's weekly
[01:58:40.460 --> 01:58:47.420]  lesson weekly seminar on traffic issues and other matters we thank you all God
[01:58:47.420 --> 01:59:01.540]  bless and have a wonderful weekend
[01:59:47.420 --> 01:59:49.760]  you