ROL_2011-03-14_16k.timecode

[00:00.000 --> 00:05.040]  This news brief brought to you by the International News Net.
[00:05.040 --> 00:09.120]  Israel's interior minister Sunday called on the government to start building 5,000 new
[00:09.120 --> 00:12.240]  settlement units in the occupied West Bank.
[00:12.240 --> 00:18.040]  Eli Yeshe said they will build 1,000 units for every settler of the five who were killed
[00:18.040 --> 00:22.640]  allegedly by Palestinians in the settlement of Etama over the weekend.
[00:22.640 --> 00:26.720]  Critics say the settlements are an incitement against the Palestinians on whose land the
[00:26.720 --> 00:32.680]  settlements are built and whose homes are demolished to pave their way.
[00:32.680 --> 00:38.800]  Anti-cuts campaigners in the UK are planning a wave of sit-ins, occupations and people's
[00:38.800 --> 00:44.600]  assemblies to coincide with the trade union congress' March 26 demonstration.
[00:44.600 --> 00:49.280]  Activists are calling for a carnival of civil disobedience against the government's austerity
[00:49.280 --> 00:54.560]  plans which include cutting basic services, public sector layoffs and the tripling of
[00:54.560 --> 00:57.120]  university tuition fees.
[00:57.120 --> 01:03.280]  Anti-cuts activists in New York are also planning a Day of Rage March 24.
[01:03.280 --> 01:08.480]  Nine more people including five political workers were killed Sunday during continued violence
[01:08.480 --> 01:12.880]  in Karachi, bringing the death toll to 30 since Thursday.
[01:12.880 --> 01:16.680]  Activists from four different political groups were gunned down while government and law
[01:16.680 --> 01:19.000]  enforcement agencies stood by.
[01:19.000 --> 01:24.880]  Angry protesters set tires and a mini-bus ablaze demanding the culprits' arrests.
[01:24.880 --> 01:30.760]  Thousands of anti-government protesters in Bahrain blocked access to the financial district
[01:30.760 --> 01:36.280]  and the capital, Mamara, Sunday, pushing back police officers who tried to disperse them.
[01:36.280 --> 01:41.600]  It was the most serious challenge to Bahrain's ruling royal family since protests began last
[01:41.600 --> 01:42.600]  month.
[01:42.600 --> 01:48.160]  Mohammed al-Maskati, president of the Bahrain Youth Society for Human Rights, said, quote,
[01:48.160 --> 01:50.880]  now the protesters control these streets.
[01:50.880 --> 01:54.840]  There are walls of rubble keeping out the police and armed groups.
[01:54.840 --> 01:59.680]  Seventy percent of Bahrain's population is Shiite Muslim, while the ruling family and
[01:59.680 --> 02:01.960]  governing elite are Sunni.
[02:01.960 --> 02:06.280]  One thousand Saudi troops arrived in Bahrain Monday to protect government facilities.
[02:06.280 --> 02:11.240]  Weifat, the country's largest Shia movement, said, quote, we consider the entry of any
[02:11.240 --> 02:16.640]  soldier or military machinery into Bahrain as blatant occupation.
[02:16.640 --> 02:22.680]  The scale and complexity of the disaster, the mammoth quake, tsunami, and nuclear power
[02:22.680 --> 02:26.720]  station explosions, has shaken Japan to the core.
[02:26.720 --> 02:31.360]  Survivors walk through the rubble, many in tears after losing loved ones, others unsure
[02:31.360 --> 02:33.200]  of the fate of family and friends.
[02:33.200 --> 02:38.000]  They lined up in front of notice boards looking for news, as mobile phones and telephones
[02:38.000 --> 02:39.360]  were not working.
[02:39.360 --> 02:44.200]  Many people spent another freezing night huddled in blankets around heaters in shelters.
[02:44.200 --> 02:51.200]  Almost two million households were without power and 1.4 million without running water.
[03:44.200 --> 04:08.440]  Tonight is the usual traffic night, but what I would like to go over with tonight relates
[04:08.440 --> 04:12.760]  to this, at least in a common sense sort of way.
[04:12.760 --> 04:17.640]  Everything with traffic and how we got to the point of having to be licensed in every
[04:17.640 --> 04:21.240]  single thing we do that involves our use of property and liberty.
[04:21.240 --> 04:27.980]  What I would like to do is go over some quotes that I am integrating into the new revision
[04:27.980 --> 04:32.480]  of the traffic seminar book, which as soon as I get that done, I will send out updates,
[04:32.480 --> 04:38.400]  so please don't email me asking for it right now because it's not done yet.
[04:38.400 --> 04:46.680]  Because these quotes make some very poignant points about where we are versus where we
[04:46.680 --> 04:48.880]  are supposed to be.
[04:48.880 --> 04:54.240]  So try to think about what these things are actually meaning in relation to when they
[04:54.240 --> 04:58.160]  were said and where we are now.
[04:58.160 --> 05:01.600]  Because this is going to make you start asking questions about, well, how did we get from
[05:01.600 --> 05:04.160]  that to where we are?
[05:04.160 --> 05:06.280]  It doesn't make any sense.
[05:06.280 --> 05:07.880]  I would have to agree with that.
[05:07.880 --> 05:10.680]  It doesn't make any sense.
[05:10.680 --> 05:15.880]  But let's see some of these here and see what we're dealing with.
[05:15.880 --> 05:21.320]  No provision in our Constitution ought to be dearer to man than that which protects
[05:21.320 --> 05:25.520]  the rights of conscience against the enterprises of civil authority.
[05:25.520 --> 05:31.560]  Now, that's a quote by Thomas Jefferson in a letter to the Society of the Methodist Episcopal
[05:31.560 --> 05:34.960]  Church at New London in Connecticut.
[05:34.960 --> 05:39.280]  That was written February 4th, 1809.
[05:39.280 --> 05:43.280]  Now what I'm getting out of this particular quote is this.
[05:43.280 --> 05:52.480]  The people have the right to disobey any form of civil authority that goes against what
[05:52.480 --> 06:00.200]  the people knows to be morally, ethically, and constitutionally right.
[06:00.200 --> 06:06.920]  When government violates either of those areas, we have the right to say, not only no, but
[06:06.920 --> 06:10.560]  heck no, we're not going to let you do that.
[06:10.560 --> 06:18.200]  We're not going to obey that because that violates what we stand for.
[06:18.200 --> 06:25.960]  All right, now, another quote by Thomas Jefferson notes on the state of Virginia, 1781 through
[06:25.960 --> 06:34.720]  185, the legitimate powers of government extend to such acts only as are injurious to others.
[06:34.720 --> 06:40.120]  But it does mean no injury for my neighbor to say there are 20 gods or no god.
[06:40.120 --> 06:44.640]  It neither picks my pocket nor breaks my leg.
[06:44.640 --> 06:49.960]  This is just to me a simple idea of what we know, that a crime can't be committed without
[06:49.960 --> 06:57.160]  a victim, and unless someone can actually show a palpable harm, they have no claim against
[06:57.160 --> 07:00.720]  anyone else.
[07:00.720 --> 07:06.920]  Now he is speaking to the exercise of religion, but the idea can be applied to our society
[07:06.920 --> 07:09.200]  as a whole.
[07:09.200 --> 07:13.680]  I don't care what somebody else is doing, that's their business.
[07:13.680 --> 07:19.920]  I only have to care if it affects my rights and my property or that of my neighbor and
[07:19.920 --> 07:24.440]  my neighbor is unable to defend themselves from it.
[07:24.440 --> 07:31.080]  Otherwise, I have no claim against the person, whatever it is they're doing, until I can
[07:31.080 --> 07:38.280]  show that I myself have suffered a harm or I have witnessed another suffering a harm.
[07:38.280 --> 07:45.040]  And then my right is only to come to their assistance, not to act in their stead when
[07:45.040 --> 07:51.680]  it comes to making a claim against the one that caused the harm.
[07:51.680 --> 08:00.160]  Now, property does not exist because there are laws, but laws exist because there is
[08:00.160 --> 08:02.200]  property.
[08:02.200 --> 08:08.040]  Now that was stated by Frederick Bastier in The Property and Law on Selected Essays on
[08:08.040 --> 08:11.440]  Political Economy.
[08:11.440 --> 08:18.080]  This book was actually published in 1964, but think about that.
[08:18.080 --> 08:22.840]  We don't have property because the legislature is sitting up there or Congress is sitting
[08:22.840 --> 08:29.480]  up there or any other form of government is sitting up there churning out rules and regulations.
[08:29.480 --> 08:40.320]  We have laws because we created these entities to protect our property from other people
[08:40.320 --> 08:44.100]  or other entities.
[08:44.100 --> 08:48.360]  That goes right back hand in hand up there with what Jefferson was speaking about, about
[08:48.360 --> 08:52.320]  what is the legitimate power of government.
[08:52.320 --> 08:59.680]  It is simply to protect the individual from injury by another, whether that be a legal
[08:59.680 --> 09:07.920]  fiction, it be government, or it be another individual.
[09:07.920 --> 09:14.200]  The marvel of all history is the patience with which men and women submit to burdens
[09:14.200 --> 09:18.440]  unnecessarily laid upon them by their governments.
[09:18.440 --> 09:23.680]  Gee, can't we all relate to that these days?
[09:23.680 --> 09:31.640]  That statement was made in 1929 by, of all people, a United States Senator, William Edgar
[09:31.640 --> 09:33.600]  Borough.
[09:33.600 --> 09:41.840]  He wrote that in Volume 8, Issue 2 of the 1929 Reader's Digest.
[09:41.840 --> 09:47.860]  This is in the time of the Great Depression, folks, and this guy still knew that what the
[09:47.860 --> 09:52.400]  government was doing to the people, he was just astounded the people would put up with
[09:52.400 --> 09:55.680]  it the way they were.
[09:55.680 --> 10:02.000]  This was the era when they were confiscating their gold and putting them into the control
[10:02.000 --> 10:06.680]  of the bankers would pay for money.
[10:06.680 --> 10:11.480]  Why weren't there more of these senators that were willing to make statements like this?
[10:11.480 --> 10:15.280]  Why weren't there more of them willing to educate the general public as to what rights
[10:15.280 --> 10:24.800]  they were surrendering by this seizure of all of their lawful money?
[10:24.800 --> 10:27.520]  Our revolution commenced on more favorable grounds.
[10:27.520 --> 10:33.000]  Now, this is speaking about the American Revolution when we separated from England.
[10:33.000 --> 10:38.400]  It presented us an album on which we were free to write what we pleased.
[10:38.400 --> 10:45.000]  We had no occasion to search into musty records, to hunt up royal parchments, or to investigate
[10:45.000 --> 10:49.480]  the laws and institutions of semi-barbarous ancestry.
[10:49.480 --> 10:55.120]  We appealed to those of nature and found them engraved in our hearts.
[10:55.120 --> 10:59.160]  Now, that was in the writings of Thomas Jefferson.
[10:59.160 --> 11:04.600]  It was in a letter he wrote to John Cartwright, June 5, 1824.
[11:04.600 --> 11:07.440]  Now, what does that mean to you?
[11:07.440 --> 11:11.400]  He's talking about the war we waged against England.
[11:11.400 --> 11:16.240]  We did not have to go back and look at the historical laws of England.
[11:16.240 --> 11:18.600]  We didn't have to go back to look at the Magna Carta.
[11:18.600 --> 11:25.560]  We didn't have to go back to look at any of the prior indoctrinations of law as they existed
[11:25.560 --> 11:31.600]  to come up with the idea and to live and found this nation on the fact that we as a free
[11:31.600 --> 11:39.880]  people have rights that the law cannot touch, that we have everything within our power that
[11:39.880 --> 11:45.640]  the law cannot deny because the only thing, as he's also stated previously, that the law
[11:45.640 --> 11:52.040]  was meant to do was to protect the rights and property of the individual from the taking
[11:52.040 --> 11:58.680]  or interference or destruction by something else.
[11:58.680 --> 12:05.520]  So what was the point in going looking at all the old laws of English Parliament when
[12:05.520 --> 12:11.000]  America was not being founded on the laws of English Parliament?
[12:11.000 --> 12:21.320]  We went from laws created by men to natural rights granted by God under our Constitution.
[12:21.320 --> 12:25.080]  There's a world of difference in that.
[12:25.080 --> 12:29.920]  My natural rights are and always have been mine.
[12:29.920 --> 12:32.800]  They do not exist because government's there.
[12:32.800 --> 12:36.480]  They do not exist because the Texas Constitution is there.
[12:36.480 --> 12:42.760]  They do not exist because the United States Constitution is there.
[12:42.760 --> 12:51.320]  They exist because I was born and I'm alive and I have the force and the mental capacity
[12:51.320 --> 12:58.320]  of my own being to ensure their use and protection.
[12:58.320 --> 13:03.640]  The only reason government exists is to make sure that there's a fair fight involved in
[13:03.640 --> 13:11.000]  this, that my rights and my property can't be taken by force of numbers or force of arms
[13:11.000 --> 13:17.400]  away from me or from you or from your grandchildren.
[13:17.400 --> 13:21.280]  That's what it's about.
[13:21.280 --> 13:26.920]  The dichotomy between personal liberties and property rights is a false one.
[13:26.920 --> 13:29.040]  Property does not have rights.
[13:29.040 --> 13:30.240]  People do.
[13:30.240 --> 13:37.040]  The right to enjoy property without unlawful deprivation, no less than the right to speak
[13:37.040 --> 13:42.680]  or the right to travel, is in truth a personal right.
[13:42.680 --> 13:49.240]  In fact, a fundamental interdependence exists between the personal right to liberty and
[13:49.240 --> 13:51.960]  the personal right in property.
[13:51.960 --> 13:55.640]  Neither could have meaning without the other.
[13:55.640 --> 13:58.400]  That's where that came from.
[13:58.400 --> 14:10.440]  That is a United States Supreme Court case, 405 U.S. 538, 522 or 552 from 1972.
[14:10.440 --> 14:17.520]  It was quoted in Leonard W. Levy's Property as a Human Right.
[14:17.520 --> 14:25.160]  It deals with constitutional commentary number five and number two from 1988.
[14:25.160 --> 14:26.720]  There are people that know this.
[14:26.720 --> 14:31.360]  Unfortunately, none of them seem to be working in government.
[14:31.360 --> 14:39.880]  Our legislators are not sufficiently apprised of the rightful limits of their power.
[14:39.880 --> 14:48.040]  That their true office is to declare and enforce only our natural rights and to take none of
[14:48.040 --> 14:50.120]  them from us.
[14:50.120 --> 14:55.640]  No man has a natural right to commit aggression on the equal rights of another.
[14:55.640 --> 14:59.920]  And this is all from which the laws ought to restrain him.
[14:59.920 --> 15:09.360]  And the idea is quite unfounded that on entering into society, we give up any natural right.
[15:09.360 --> 15:16.440]  That was something Thomas Jefferson wrote to Francis W. Gilmer, June 27th of 1816.
[15:16.440 --> 15:20.960]  It's in the writings of Thomas Jefferson.
[15:20.960 --> 15:27.240]  The idea expressed in clear terms in the Declaration itself, meaning the Declaration of Independence,
[15:27.240 --> 15:33.840]  is that the only legitimate end of government is that of assuring rights whose origin precedes
[15:33.840 --> 15:37.440]  any law written down by man.
[15:37.440 --> 15:43.760]  Men are already endowed with all of their rights prior to entering into a state of society.
[15:43.760 --> 15:50.400]  The question of civil rights, those that derive only from man's leap into political society
[15:50.400 --> 15:58.400]  is, in this framework of thought, vastly different from the facile opposition between civil rights
[15:58.400 --> 16:00.360]  and natural rights.
[16:00.360 --> 16:04.640]  For there is but one and only one civil right.
[16:04.640 --> 16:08.800]  It arises with the very genesis of political society.
[16:08.800 --> 16:17.120]  And it is the individual right to be protected in the enjoyment of one's natural rights.
[16:17.120 --> 16:22.000]  Individuals who have entered into a political society have a global civil right via the
[16:22.000 --> 16:28.240]  government, the right to enjoy protection not of artificial rights, which are the fruits
[16:28.240 --> 16:35.120]  of changing circumstances and of the preferences of lawmakers, but of their natural rights.
[16:35.120 --> 16:39.080]  All right, folks, we're going to go to break.
[16:39.080 --> 16:45.080]  I'll pick this up on the other side, 512-646-1984 is the call-in number.
[16:45.080 --> 16:47.280]  Please go ahead and start getting on the caller board.
[16:47.280 --> 16:50.920]  Deborah will have a couple of things she'll want to cover in the next segment as well.
[16:50.920 --> 16:55.600]  And after that, we'll be happy to start taking your calls and seeing what we can do for you.
[16:55.600 --> 16:57.000]  This is Rule of Law Radio.
[16:57.000 --> 17:00.960]  We'll be right back after the break.
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[17:28.000 --> 17:31.920]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground
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[17:35.200 --> 17:39.440]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[17:39.440 --> 17:45.600]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.600 --> 17:50.160]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty
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[18:00.560 --> 18:05.280]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:14.680 --> 18:19.520]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.520 --> 18:24.960]  civil rights statutes, what to do when contacted by phones, mail, or court summons, how to
[18:24.960 --> 18:29.440]  answer letters and phone calls, how to get debt collectors out of your credit reports,
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[18:46.880 --> 18:49.880]  or email michaelmears at yahoo.com.
[18:49.880 --> 18:59.440]  It's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.440 --> 19:00.440]  now.
[19:00.440 --> 19:20.280]  Look what we got, only us, the Christians, don't know what they're hiding, don't have
[19:20.280 --> 19:32.600]  the answers, don't need your expert questions, look what we got, and they don't have the
[19:32.600 --> 19:33.600]  answers.
[19:33.600 --> 19:39.480]  I talk about issues, but see, Lord, how they want we can pick it easy, they might talk way
[19:39.480 --> 19:46.040]  too politically and then get you mad and angry, get them up standing up and fight and fight
[19:46.040 --> 19:52.040]  for their freedom and be free, and they like them love slavery and get hanged out by the
[19:52.040 --> 19:54.040]  government's men again.
[19:54.040 --> 20:07.040]  We are the Christians, don't have the answers, we are the Christians.
[20:07.040 --> 20:09.040]  All right, folks, we are back.
[20:09.040 --> 20:16.040]  Rule of Law Radio, 512-646-1984 is the call-in number.
[20:16.040 --> 20:18.040]  Okay, I'm going to go ahead and finish this up real quick.
[20:18.040 --> 20:21.040]  We're going to have a guest joining us here in a few minutes to talk about something,
[20:21.040 --> 20:23.040]  Don Terry from Agenda 21.
[20:23.040 --> 20:27.040]  But while we're waiting on him to call in and come up on the board, I'm going to go
[20:27.040 --> 20:30.040]  ahead and try to run through these as fast as I can.
[20:30.040 --> 20:39.040]  Okay, now that last quote that I was reading to you comes from Michael P. Zucker, again,
[20:39.040 --> 20:43.040]  Thomas Jefferson on Nature and Natural Rights.
[20:43.040 --> 20:46.040]  That's the book that it was written in.
[20:46.040 --> 20:48.040]  It even has a little bit extra on it.
[20:48.040 --> 20:54.040]  They are always endowed with a further natural right which by its very nature cannot be the
[20:54.040 --> 21:01.040]  object of a contract, the right of resistance, the right to revolution, their right to protection
[21:01.040 --> 21:06.040]  not by the government but against the government.
[21:06.040 --> 21:14.040]  Now, that all men are by nature equally free and independent and have certain inherent
[21:14.040 --> 21:21.040]  rights of which when they enter into a state of society, they cannot by any compact deprive
[21:21.040 --> 21:28.040]  or divest their posterity, namely the enjoyment of life and liberty with the means of acquiring
[21:28.040 --> 21:34.040]  and possessing property and pursuing and obtaining happiness and safety.
[21:34.040 --> 21:37.040]  That's from Roots of the Republic by Stephen L. Schechter.
[21:37.040 --> 21:39.040]  Okay?
[21:39.040 --> 21:46.040]  So, folks, there's not any question here that there have been historically speaking people
[21:46.040 --> 21:52.040]  that know exactly what government was about, what it was attempting to do, and so on and
[21:52.040 --> 21:54.040]  so forth throughout our history.
[21:54.040 --> 22:02.040]  The founding fathers set up this country because they knew the inherent will and desire of
[22:02.040 --> 22:07.040]  government was to consume all with which it came in contact.
[22:07.040 --> 22:13.040]  And we have acquiesced to that appetite far too long.
[22:13.040 --> 22:16.040]  We have got to stop doing that.
[22:16.040 --> 22:23.040]  It's time to put on the brakes, quash the appetite, and put government on a diet, a
[22:23.040 --> 22:26.040]  permanent diet.
[22:26.040 --> 22:33.040]  No more eating of everything that we can produce in this country, whether it be intellect,
[22:33.040 --> 22:38.040]  resources, just anything, okay?
[22:38.040 --> 22:44.040]  We've got to trim it down, shut it off in places where it should never have been, and
[22:44.040 --> 22:47.040]  it most assuredly is not needed.
[22:47.040 --> 22:54.040]  And to take one more quote from a book that I have read many, many different times, there
[22:54.040 --> 23:03.040]  are several areas in which government should be forbidden to act.
[23:03.040 --> 23:09.040]  There are the areas where the private sector can do it better, faster, and cheaper.
[23:09.040 --> 23:14.040]  And there are areas which government should never be allowed to touch, and that's about
[23:14.040 --> 23:17.040]  it.
[23:17.040 --> 23:22.040]  So given that little dichotomy, it is don't let government into anything.
[23:22.040 --> 23:30.040]  Government's business is running the government, not the people, not the people's productivity,
[23:30.040 --> 23:36.040]  not the manufacture and production of things within the borders of the states, at least
[23:36.040 --> 23:43.040]  as far as the federal government is concerned, and then only within the states to the degree
[23:43.040 --> 23:48.040]  that the state government is responsible to the people of that state to ensure that that
[23:48.040 --> 23:57.040]  business or corporation or whatever that facility may be is not in the process of harming anyone
[23:57.040 --> 24:02.040]  while it goes about its daily business.
[24:02.040 --> 24:04.040]  It's not stealing property.
[24:04.040 --> 24:11.040]  It's not harming people through their health, what they eat, what they own, what they wear,
[24:11.040 --> 24:14.040]  anything of that nature.
[24:14.040 --> 24:20.040]  If they've got that covered, then stay out of everything else.
[24:20.040 --> 24:23.040]  That's what we need to hold them to.
[24:23.040 --> 24:25.040]  That's what we need to work toward.
[24:25.040 --> 24:27.040]  But we need to start getting more people awake.
[24:27.040 --> 24:28.040]  Randy's right.
[24:28.040 --> 24:30.040]  There are people waking up.
[24:30.040 --> 24:35.040]  The problem is, is the ratio of people that are awake to those that are still in a deep
[24:35.040 --> 24:39.040]  coma is not promising.
[24:39.040 --> 24:47.040]  We need to start waking up people at a much more rapid rate than we are, because by the
[24:47.040 --> 24:52.040]  time we get enough of them awake at the rate things are going, this country's going to
[24:52.040 --> 24:56.040]  be ancient history with what's going on.
[24:56.040 --> 24:58.040]  We'll be broke.
[24:58.040 --> 25:04.040]  We'll be at the mercy, economically speaking, of every country on the face of the Earth.
[25:04.040 --> 25:09.040]  And our own people will once again be starving in the streets because they can't afford to
[25:09.040 --> 25:14.040]  eat or live anywhere else.
[25:14.040 --> 25:21.040]  And government, wonderful government, is exactly who's responsible for that.
[25:21.040 --> 25:28.040]  Because they've aided and abetted the criminals that put us here to make it easy for them
[25:28.040 --> 25:34.040]  to get us here.
[25:34.040 --> 25:37.040]  Okay, Deborah, there was something that you had that you wanted to cover dealing with
[25:37.040 --> 25:43.040]  the additional fees on these fines levied in the traffic course.
[25:43.040 --> 25:50.040]  Yeah, this has to do with the surcharge issue, which has to do with the points system here
[25:50.040 --> 25:52.040]  in the state and the transportation code.
[25:52.040 --> 25:58.040]  After you get a certain number of traffic ticket convictions, you start racking up points
[25:58.040 --> 26:03.040]  on your driver's record, and then they want to impose this surcharge.
[26:03.040 --> 26:08.040]  Well, I'm helping someone with a traffic ticket right now myself, actually.
[26:08.040 --> 26:12.040]  Well, and, Eddie, you're helping too, but I'm dealing with the surcharge issue here with
[26:12.040 --> 26:13.040]  this person.
[26:13.040 --> 26:22.040]  And basically, according to Section 708.158 of the transportation code, that provides
[26:22.040 --> 26:27.040]  for a waiver of surcharge if a court determines an individual is indigent at the time of
[26:27.040 --> 26:28.040]  conviction.
[26:28.040 --> 26:34.040]  Now, this statute, this section of the statute doesn't go into effect until September 1,
[26:34.040 --> 26:36.040]  2011.
[26:36.040 --> 26:46.040]  However, Section 708.157 of the Texas transportation code says that the department shall,
[26:46.040 --> 26:53.040]  by rule, establish an indigency program for holders of a driver's license on which the
[26:53.040 --> 26:56.040]  surcharge has been assessed for certain offenses, blah, blah, blah.
[26:56.040 --> 27:02.040]  All right, well, that section went into effect on September 1, 2009.
[27:02.040 --> 27:11.040]  So, as of September 1, 2009, they have been required by the legislature to establish by
[27:11.040 --> 27:18.040]  their own rules, for the department to establish by their own rules some type of indigency
[27:18.040 --> 27:21.040]  program regarding these surcharges.
[27:21.040 --> 27:28.040]  All right, well, the person I'm helping wrote them a letter and stated this statute, the
[27:28.040 --> 27:37.040]  708.157C, and asked, at this point in time, he was communicating with a private entity.
[27:37.040 --> 27:42.040]  And according to statute, and I forgot which statute that was, I can get on Skype from
[27:42.040 --> 27:49.040]  my friend in a minute, the department does have the statutory authority to contract out
[27:49.040 --> 27:54.040]  a private entity for the purpose of collecting these surcharges.
[27:54.040 --> 28:01.040]  So, for the first two letter writing sessions back and forth, it was with this private company.
[28:01.040 --> 28:07.040]  Okay, and so the second letter that was written by my friend to these people, he told them,
[28:07.040 --> 28:14.040]  look, according to section 157C, 708.157C, you guys are required to have some type of
[28:14.040 --> 28:16.040]  indigency program.
[28:16.040 --> 28:20.040]  Can you please tell me what your policy is so that I can apply?
[28:20.040 --> 28:27.040]  Well, they never wrote back, but, however, he did get a letter from the Texas Department
[28:27.040 --> 28:32.040]  of Public Safety this time, so now he's finally dealing directly with some public servants
[28:32.040 --> 28:34.040]  on this issue.
[28:34.040 --> 28:41.040]  And what this guy wrote back, MG, boy, don't you love how they try to hide their identity?
[28:41.040 --> 28:48.040]  MG from the Texas Department of Public Safety, manager, it says, of enforcement and compliance
[28:48.040 --> 29:00.040]  services told my friend that the effective date of the section 708.158 does not go into
[29:00.040 --> 29:06.040]  effect until September 1st, 2011, and he says, MG says in this letter, quote,
[29:06.040 --> 29:13.040]  therefore the department is not currently authorized to waive a surcharge for indigency
[29:13.040 --> 29:15.040]  until the effective date.
[29:15.040 --> 29:20.040]  And then basically the letter goes on to say this surcharge notice was sent on January
[29:20.040 --> 29:26.040]  31st of this year, failure to comply within 30 days notice will result in the suspension
[29:26.040 --> 29:27.040]  of your license.
[29:27.040 --> 29:33.040]  So they're lying and they're saying that the manager is saying that they're not authorized
[29:33.040 --> 29:38.040]  to waive a surcharge until September 1st, 2011, and furthermore, you better give us your
[29:38.040 --> 29:43.040]  money or we're going to suspend your license, and I want to continue on this when we get
[29:43.040 --> 29:48.040]  back because I dug into the statutes and the effective dates and what actually happened
[29:48.040 --> 29:52.040]  and it's just not, this is just not the case.
[29:52.040 --> 29:54.040]  So we'll be right back, folks.
[29:54.040 --> 29:55.040]  This is Rule of Law.
[29:55.040 --> 30:00.040]  Eddie Craig, Deborah Stevens, Randy Kelton, we'll be right back.
[30:00.040 --> 30:04.040]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:04.040 --> 30:06.040]  by our own Eddie Craig.
[30:06.040 --> 30:10.040]  Eddie is a former Nacogdoches County Sheriff's Deputy, and for the past 21 years he has
[30:10.040 --> 30:14.040]  studied the due process of law and now offers his knowledge to you at a law seminar every
[30:14.040 --> 30:20.040]  Saturday from 3 o'clock to 6 o'clock at Brave New Books, located at 1904 Guadalupe Street
[30:20.040 --> 30:21.040]  in Austin, Texas.
[30:21.040 --> 30:26.040]  Admission is $20, so please make plans to come and sit with Eddie and learn for yourself
[30:26.040 --> 30:29.040]  what the true intent of law really is.
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[31:47.040 --> 31:48.040]  I'm Dr. Katherine Albrecht.
[31:48.040 --> 32:03.040]  More news and information at KatherineAlbrecht.com.
[32:03.040 --> 32:31.040]  Okay, folks, we are back, and I do want to go over, I want to finish going over this
[32:31.040 --> 32:33.040]  surcharge issue.
[32:33.040 --> 32:40.040]  Now, I don't know what's going to happen as a result of this, but my friend's not back
[32:40.040 --> 32:41.040]  and down.
[32:41.040 --> 32:47.040]  He wrote, MG, I want to read this letter, I want to read this letter that I helped my
[32:47.040 --> 32:53.040]  friend prepare, and I'll make this available, you know, as a generic letter.
[32:53.040 --> 32:59.040]  I'll send it to Eddie for folks who may be facing the same issue here regarding the
[32:59.040 --> 33:01.040]  surcharge business.
[33:01.040 --> 33:03.040]  Here's what I wrote.
[33:03.040 --> 33:11.040]  Dear MG, the specific indigency program required by 708.158 of the Texas Transportation Code,
[33:11.040 --> 33:16.040]  which provides for the waiver of a surcharge if a court determines an individual is indigent
[33:16.040 --> 33:21.040]  at the time of the conviction, does not go into effect until September 1, 2011.
[33:21.040 --> 33:22.040]  That is true.
[33:22.040 --> 33:33.040]  However, 708.157C, which has been effective since September 1, 2009, states that the department
[33:33.040 --> 33:39.040]  by rule shall establish an indigency program for holders of a driver's license on which
[33:39.040 --> 33:42.040]  a surcharge has been assessed.
[33:42.040 --> 33:47.040]  And here's where the statute comes in, not just the code.
[33:47.040 --> 33:53.040]  I looked up into the statute to see what the history of this section of the code is and
[33:53.040 --> 33:58.040]  the different amendments that have been made to it over the years, and here's the story.
[33:58.040 --> 34:00.040]  Sorry, I broke away from the letter for a second.
[34:00.040 --> 34:02.040]  We're turning back to the letter.
[34:02.040 --> 34:04.040]  Here is my analysis.
[34:04.040 --> 34:17.040]  HB Number 2730 was passed and became one of the Acts of 2009 of the 81st Legislature, RS Chapter 1146.
[34:17.040 --> 34:22.040]  And Section 610 became effective September 1, 2009.
[34:22.040 --> 34:34.040]  It was in Section 610 of this Act that the word may, quote unquote, of 708.157C was struck
[34:34.040 --> 34:37.040]  and changed to the word shall.
[34:37.040 --> 34:45.040]  Prior to this effective date, the department most certainly was authorized to waive surcharges
[34:45.040 --> 34:48.040]  for indigency because of the word may.
[34:48.040 --> 34:55.040]  However, after the effective date of this Act, the department no longer had the option
[34:55.040 --> 35:01.040]  of establishing an indigency program, but rather the department was placed under a requirement
[35:01.040 --> 35:07.040]  to do so, and it has been this way since September 1, 2009.
[35:07.040 --> 35:09.040]  Okay, I'm going to break away from the letter for a minute.
[35:09.040 --> 35:20.040]  See, the reason I'm making this clear is because this guy or girl is trying to say
[35:20.040 --> 35:25.040]  that the department is not authorized to do this.
[35:25.040 --> 35:28.040]  So back to the letter.
[35:28.040 --> 35:35.040]  All right, I said while 708.158 of the TTC, effective September 1, 2011,
[35:35.040 --> 35:41.040]  specifies the type and details of the indigency program mandated by the legislature,
[35:41.040 --> 35:48.040]  the department has already been required by statute to write rules to establish some type
[35:48.040 --> 35:51.040]  of indigency program since 2009.
[35:51.040 --> 35:56.040]  Please inform me as to what the department's current indigency program rules are
[35:56.040 --> 35:59.040]  so I may comply with the program.
[35:59.040 --> 36:05.040]  The department does not currently have an existing indigency program as required
[36:05.040 --> 36:09.040]  of the department that is a violation of Act 2009,
[36:09.040 --> 36:19.040]  81st Legislature RS Chapter 1146, Section 610, effective September 1, 2009.
[36:19.040 --> 36:22.040]  This is notice to the department that the non-existence
[36:22.040 --> 36:26.040]  of a current indigency program is grounds for a civil tort.
[36:26.040 --> 36:29.040]  NG, I would also like to have your first and last name, please,
[36:29.040 --> 36:34.040]  so that I will know which one of my public servants I am communicating with.
[36:34.040 --> 36:38.040]  If I do not qualify for indigency status under the department's current program,
[36:38.040 --> 36:41.040]  which the department is currently required to have,
[36:41.040 --> 36:46.040]  I would like to know what is the procedure for getting a refund of the surcharge
[36:46.040 --> 36:48.040]  if the tickets are dismissed on appeal.
[36:48.040 --> 36:52.040]  Two tickets are already in the appeal process,
[36:52.040 --> 36:57.040]  and I would also like to know what the interest rate is that I would earn on the surcharge
[36:57.040 --> 37:01.040]  if it gets refunded as a result of the ticket being dismissed on appeal.
[37:01.040 --> 37:05.040]  Should the tickets be dismissed, I would be entitled not only to a full refund,
[37:05.040 --> 37:10.040]  but also some amount in addition to the original surcharge amount,
[37:10.040 --> 37:15.040]  since I would have been deprived of the amount of the surcharge during the appeal process.
[37:15.040 --> 37:19.040]  Sincerely, my friend.
[37:19.040 --> 37:25.040]  Okay, and also I just got a Skype chat that we can also add in
[37:25.040 --> 37:32.040]  that I am complying with 28 U.S.C. section 1915-A to wit.
[37:32.040 --> 37:37.040]  Contrary to the clear implication of the phrase informa pauperis,
[37:37.040 --> 37:40.040]  a litigant need not be a pauper to apply.
[37:40.040 --> 37:44.040]  It is only required that he attest that he is unable to pay costs
[37:44.040 --> 37:49.040]  or give security, therefore, in a mode which is most binding upon the conscience.
[37:49.040 --> 37:53.040]  Unable to pay does not mean completely without funds.
[37:53.040 --> 37:59.040]  Rather, it means only that the payment will work extreme hardship on the litigant and his family.
[37:59.040 --> 38:06.040]  This is from Manual of Federal Practice McGraw-Hill Book and Company, pages 635 through 637.
[38:06.040 --> 38:11.040]  Now, Eddie, you had sent me an interesting case on this issue concerning the indigency
[38:11.040 --> 38:14.040]  and how the Court of Criminal Appeals has ruled on the issue.
[38:14.040 --> 38:19.040]  And basically, what the Court of Criminal Appeals is saying is,
[38:19.040 --> 38:29.040]  what they ruled is that the trial court has to accept prima facie evidence
[38:29.040 --> 38:36.040]  submitted by the defendant concerning indigency status, concerning their financial status.
[38:36.040 --> 38:43.040]  And in the way they deal with indigency, it's not about having a low income necessarily.
[38:43.040 --> 38:51.040]  It's about they want to look at your expenses versus your income, so to speak,
[38:51.040 --> 38:57.040]  and determine if your means of living could be considered unreasonable or extravagant
[38:57.040 --> 39:01.040]  in comparison with what your income is.
[39:01.040 --> 39:07.040]  And so in this particular case, it looked like the guy, well, basically,
[39:07.040 --> 39:10.040]  the Supreme Court kicked the case back to the trial court.
[39:10.040 --> 39:15.040]  But basically, they said, and this was an Austin case where it all started,
[39:15.040 --> 39:21.040]  that even though his income was fairly low because he had lost his job, he had people helping me,
[39:21.040 --> 39:29.040]  the burden of the proof is on the prosecutor to prove that the numbers are unreasonable or extravagant.
[39:29.040 --> 39:34.040]  And the guy had lost his job, and he was getting people to help him with his bills
[39:34.040 --> 39:39.040]  while he was looking for another job, and his rent was like $950 a month.
[39:39.040 --> 39:42.040]  And, you know, he listed off his other living expenses,
[39:42.040 --> 39:48.040]  and the court said that the state had failed to prove that $950 a month
[39:48.040 --> 39:55.040]  was an unreasonable amount to pay for rent in the city of Austin, which it's certainly not,
[39:55.040 --> 40:04.040]  and that his car payment of whatever it was, $500 a month, was not an unreasonable number either.
[40:04.040 --> 40:09.040]  And so the Court of Criminal Appeals kicked the case back to the trial court
[40:09.040 --> 40:15.040]  because so much time had passed, and the guy may not be indigent anymore.
[40:15.040 --> 40:21.040]  As far as the dealing with wanting the court to pay for transcripts for an appeal,
[40:21.040 --> 40:25.040]  you have to be indigent at the time that you file the notice for appeals.
[40:25.040 --> 40:27.040]  So that's the story on that.
[40:27.040 --> 40:34.040]  Now, I'm guessing that what's going to happen with my friend is they're probably going to write him back a letter
[40:34.040 --> 40:40.040]  and try to refute what my friend wrote, even though I don't know how they're going to be able to,
[40:40.040 --> 40:44.040]  and they're probably just going to suspend his license, so I don't know.
[40:44.040 --> 40:47.040]  But we may get some results with this.
[40:47.040 --> 40:51.040]  We may not. They may say, you know, this guy's obviously going to fight us.
[40:51.040 --> 40:53.040]  He's obviously fighting already.
[40:53.040 --> 40:56.040]  Let's just establish an indigency program real quick,
[40:56.040 --> 41:02.040]  have him submit his tax returns or paychecks or something just so that this guy doesn't sue us.
[41:02.040 --> 41:05.040]  So we'll see. We'll know in a few days.
[41:05.040 --> 41:13.040]  Eddie, you got any more comments on this issue or anything you would like to say about this?
[41:13.040 --> 41:16.040]  Eddie?
[41:16.040 --> 41:17.040]  Did we lose Eddie?
[41:17.040 --> 41:18.040]  I said, no, not at the moment.
[41:18.040 --> 41:19.040]  Okay.
[41:19.040 --> 41:20.040]  I'm here.
[41:20.040 --> 41:21.040]  Okay. All right.
[41:21.040 --> 41:22.040]  Very good.
[41:22.040 --> 41:25.040]  Okay. Well, we'll see what happens.
[41:25.040 --> 41:29.040]  So I will keep you all posted, but this is pretty ridiculous, really.
[41:29.040 --> 41:30.040]  All right.
[41:30.040 --> 41:42.040]  We are going now to actually one of our hosts on this network that wants to give an update concerning what's going on
[41:42.040 --> 41:46.040]  with a Mike Mears case, so to speak, using the Mike Mears method.
[41:46.040 --> 41:50.040]  So we're going to bring Don Terry from Agenda 21 Talk on now.
[41:50.040 --> 41:52.040]  Don, thanks for joining the show.
[41:52.040 --> 41:54.040]  Well, thanks for having me on.
[41:54.040 --> 42:00.040]  So I heard some rumblings about this last week, and you said you would keep me posted.
[42:00.040 --> 42:06.040]  Something about, you know, this woman is suing under the DCPA and the FCRA
[42:06.040 --> 42:12.040]  and, you know, the whole thing about the Michael Mears method, them violating these civil rights acts
[42:12.040 --> 42:16.040]  and Telephone Consumer Protections Act and all that kind of stuff.
[42:16.040 --> 42:21.040]  And you're saying that basically these attorneys, and these are attorneys for a law firm,
[42:21.040 --> 42:27.040]  they wrote back and said that something about how, oh, this is Mike Mears method,
[42:27.040 --> 42:29.040]  so therefore the case should be dismissed.
[42:29.040 --> 42:34.040]  But the guy didn't even really refute anything of her claims in the petition?
[42:34.040 --> 42:36.040]  Or what exactly did they say?
[42:36.040 --> 42:38.040]  Give us the scoop.
[42:38.040 --> 42:46.040]  Well, they answered, and then they had a brief in support of their motion to dismiss.
[42:46.040 --> 42:49.040]  Their answer was, let's see.
[42:49.040 --> 42:51.040]  Now, first off, Mike Mears has his stuff on PACER.
[42:51.040 --> 42:56.040]  You can look it up on PACER, Federal Court Tracts.
[42:56.040 --> 42:58.040]  You know, you can get it on PACER.
[42:58.040 --> 43:08.040]  Okay. Now, so she sued the attorney that foreclosed, and within a period they noticed her.
[43:08.040 --> 43:12.040]  They defaulted she was not behind, and she was currently on her payment.
[43:12.040 --> 43:16.040]  This is for land, and they had combined, she had two loans at a bank,
[43:16.040 --> 43:21.040]  a land, one for a piece of land, no home on it, just land in an automobile.
[43:21.040 --> 43:29.040]  And so she, within 30 days they foreclosed, notified her, gave her 10 days,
[43:29.040 --> 43:34.040]  and then within 30-day period they actually foreclosed and sold it.
[43:34.040 --> 43:35.040]  Okay. All right.
[43:35.040 --> 43:36.040]  I hear the music.
[43:36.040 --> 43:37.040]  Yeah, yeah.
[43:37.040 --> 43:40.040]  We were just about to go to break, so Don, stay right there,
[43:40.040 --> 43:44.040]  and we will pick this back up right on the other side.
[43:44.040 --> 43:45.040]  All right.
[43:45.040 --> 43:49.040]  You're listening to Rule of Law, ruleoflawradio.com.
[43:49.040 --> 43:53.040]  I'm Deborah Stevens, Eddie Craig, of course, Traffic Night, it's Eddie's Night,
[43:53.040 --> 44:00.040]  and also Raina Kelton, we've got Don Terry with us, and we'll be right back, folks.
[44:00.040 --> 44:06.040]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[44:06.040 --> 44:09.040]  and neither is finding like-minded people to share it with.
[44:09.040 --> 44:12.040]  Oh, well, I guess you haven't heard of Brave New Books, then.
[44:12.040 --> 44:13.040]  Brave New Books?
[44:13.040 --> 44:17.040]  Yes, Brave New Books has all the books and DVDs you're looking for by authors
[44:17.040 --> 44:20.040]  like Alex Jones, Ron Paul, and G. Edward Griffin.
[44:20.040 --> 44:24.040]  They even stock inner food, Berkey products, and Calvin Soaps.
[44:24.040 --> 44:26.040]  There's no way a place like that exists.
[44:26.040 --> 44:28.040]  Go check it out for yourself.
[44:28.040 --> 44:32.040]  It's downtown at 1904 Guadalupe Street, just south of UT.
[44:32.040 --> 44:36.040]  By UT, there's never anywhere to park down there.
[44:36.040 --> 44:39.040]  Actually, they now offer a free hour of parking for paying customers
[44:39.040 --> 44:44.040]  at the 500 MLK parking facility, just behind the bookstore.
[44:44.040 --> 44:47.040]  It does exist, but when are they open?
[44:47.040 --> 44:52.040]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[44:52.040 --> 44:59.040]  So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[45:01.040 --> 45:03.040]  More energy.
[45:03.040 --> 45:05.040]  Stronger immune power.
[45:05.040 --> 45:08.040]  Improved sense of well-being.
[45:08.040 --> 45:12.040]  How many supplements have you heard boast of these benefits?
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[46:09.040 --> 46:13.040]  Okay, folks, we're back here on The Rule of Law.
[46:13.040 --> 46:21.040]  And we're about to go back to Dawn, but before we do, I have breaking news that people need to know about.
[46:21.040 --> 46:23.040]  And it's not good news.
[46:23.040 --> 46:32.040]  I'm sorry to say, just a few minutes ago, a third reactor exploded at the Fukushima plant.
[46:32.040 --> 46:35.040]  Yes, that's right, number three.
[46:35.040 --> 46:40.040]  We had the reactor number two exploded this morning.
[46:40.040 --> 46:46.040]  We've all seen the footage of that, a spectacular explosion, catapulting equipment thousands of feet into the air.
[46:46.040 --> 46:51.040]  And now the reactor number two has exploded.
[46:51.040 --> 46:58.040]  Also, that makes three reactors exploding since Friday.
[46:58.040 --> 47:03.040]  I'm going to read just a little bit of this article right here off of Infowars.com.
[47:03.040 --> 47:10.040]  And it says that the Tokyo Electric Power Company has tried a last-ditch effort to cool and reduce pressure
[47:10.040 --> 47:17.040]  in these overheated reactors, units one and three, by injecting seawater earlier today and over the weekend.
[47:17.040 --> 47:26.040]  Monday, Chief Cabinet Secretary Yukio Edano officially announced the cooling system on the third reactor had failed.
[47:26.040 --> 47:33.040]  The water level inside the reactor fell and exposed the fuel rods at its core for more than two hours,
[47:33.040 --> 47:36.040]  despite efforts to pump seawater into the reactor.
[47:36.040 --> 47:43.040]  The government officials have finally been forced to admit to the public that the fuel rods in all three separate reactors
[47:43.040 --> 47:47.040]  started to melt despite repeated efforts to cool them with seawater.
[47:47.040 --> 47:54.040]  Safety officials are now saying they cannot rule out a full meltdown in the inevitability of a nuclear catastrophe
[47:54.040 --> 47:58.040]  of a magnitude never before experienced.
[47:58.040 --> 48:03.040]  So folks, this is extremely, extremely serious.
[48:03.040 --> 48:09.040]  They're talking about the radiation getting into the jet stream.
[48:09.040 --> 48:11.040]  California is already preparing.
[48:11.040 --> 48:15.040]  It could affect people in North Texas and Oklahoma.
[48:15.040 --> 48:17.040]  It could even potentially affect us here in Austin.
[48:17.040 --> 48:20.040]  Sometimes the jet stream dips down that low.
[48:20.040 --> 48:25.040]  Now, I heard Bob Bowman on Alex Jones today, and he was saying that most...
[48:25.040 --> 48:31.040]  Okay, first off, we're going to talk about the really bad stuff like plutonium and uranium.
[48:31.040 --> 48:37.040]  Most of that, if it gets out, would fall into the Pacific Ocean before it reaches here, most of it.
[48:37.040 --> 48:41.040]  However, with the iodine, the radioactive iodine, that's not really the case.
[48:41.040 --> 48:49.040]  So everybody needs to make sure they're getting stocked up with their potassium iodate and potassium iodide in a big hurry.
[48:49.040 --> 48:53.040]  Pretty much every place in town is sold out here in Austin right now.
[48:53.040 --> 48:58.040]  I know that Sun Harvest said they're going to have some more in on Wednesday.
[48:58.040 --> 49:06.040]  Order some online, but you need to get it going now because of the iodine, the radioactive iodine issue.
[49:06.040 --> 49:11.040]  Now, if we get hit with plutonium and uranium, there's nothing that can be done.
[49:11.040 --> 49:15.040]  Hopefully, that will not affect us or North America.
[49:15.040 --> 49:19.040]  Hopefully, we'll just have to deal with the cesium and the iodine.
[49:19.040 --> 49:28.040]  However, this could potentially be utter devastation for Japan, and so we really need to pray for these people.
[49:28.040 --> 49:33.040]  I hope this is a lesson to everybody on the reality of nuclear energy.
[49:33.040 --> 49:36.040]  You don't mess around with Mother Nature.
[49:36.040 --> 49:43.040]  I'm sick and tired of seeing these greenie environmentalist leftist liberals supporting nuclear energy
[49:43.040 --> 49:52.040]  because they buy into the lie of global warming and that we can't use clean burning coal because of the carbon emissions.
[49:52.040 --> 49:53.040]  Give me a break.
[49:53.040 --> 49:56.040]  Clean burning coal is probably one of our best solutions right now
[49:56.040 --> 50:01.040]  because the only thing that is emitted is carbon dioxide and water vapor.
[50:01.040 --> 50:07.040]  Carbon dioxide is not a pollutant, and it does not cause global warming or any kind of climate change at all.
[50:07.040 --> 50:13.040]  There's been thousands of times the amount of carbon dioxide in the atmosphere before humans ever existed.
[50:13.040 --> 50:18.040]  The total amount of carbon dioxide that humans produce, including all factories and all cars,
[50:18.040 --> 50:26.040]  amounts to about one-half of one-tenth of one percent of the entire Earth's atmosphere.
[50:26.040 --> 50:34.040]  The people that are stirring up these greenies to support nuclear power,
[50:34.040 --> 50:42.040]  it's all funded by GE and the nuclear power companies to basically stifle out the coal plants
[50:42.040 --> 50:46.040]  because it's competition and there's so much money in nuclear energy.
[50:46.040 --> 50:52.040]  Maybe some of you people out there will start to realize that plutonium and uranium
[50:52.040 --> 50:57.040]  are maybe just a tad bit more harmful to the environment than carbon dioxide,
[50:57.040 --> 51:00.040]  so it's time for everybody to really wake up here,
[51:00.040 --> 51:06.040]  and I just hope and pray that this isn't going to turn into a cataclysmic disaster
[51:06.040 --> 51:09.040]  that could affect the whole world.
[51:09.040 --> 51:15.040]  Anyway, I just had to jump in with that because this is breaking news.
[51:15.040 --> 51:19.040]  Don, you were commenting about nuclear power on the break.
[51:19.040 --> 51:21.040]  You want to tell us what you told me?
[51:21.040 --> 51:24.040]  I just said, nuclear power is great. I love it.
[51:24.040 --> 51:29.040]  It's clean and quiet, and it doesn't burn anything.
[51:29.040 --> 51:30.040]  It's really great stuff.
[51:30.040 --> 51:34.040]  It's just one tiny problem I hate to mention, and I won't mention it.
[51:34.040 --> 51:35.040]  We'll just go on.
[51:35.040 --> 51:37.040]  Oh, okay, I'll mention it.
[51:37.040 --> 51:40.040]  The byproducts are so dangerous it can kill every life form on Earth.
[51:40.040 --> 51:43.040]  Other than that, great.
[51:43.040 --> 51:45.040]  Other than that, no problem.
[51:45.040 --> 51:47.040]  Okay.
[51:47.040 --> 51:49.040]  I didn't have anything to do with it.
[51:49.040 --> 51:51.040]  I didn't have anything to do with it.
[51:51.040 --> 51:55.040]  I was home when it happened just because I had hacked into the computer system,
[51:55.040 --> 51:57.040]  but I lost it.
[51:57.040 --> 52:02.040]  Well, and Don, you know, even fortunately in the mainstream media,
[52:02.040 --> 52:08.040]  the experts are debunking this myth that the propagandists tried to put out there
[52:08.040 --> 52:11.040]  right away, which is that global warming caused the earthquake.
[52:11.040 --> 52:12.040]  I mean, come on.
[52:12.040 --> 52:13.040]  Yeah.
[52:13.040 --> 52:14.040]  Okay.
[52:14.040 --> 52:15.040]  Yes, exactly.
[52:15.040 --> 52:19.040]  All right, so Don, all right, and you were cutting out a little bit.
[52:19.040 --> 52:22.040]  Maybe if you could get to a better location where you're at.
[52:22.040 --> 52:24.040]  The cell phone was dropping a little bit.
[52:24.040 --> 52:28.040]  But please continue on with what they said.
[52:28.040 --> 52:31.040]  You said they filed some kind of a response.
[52:31.040 --> 52:37.040]  They filed a response, and I want to explain some of these terms
[52:37.040 --> 52:40.040]  so that people will understand the difference between the terms
[52:40.040 --> 52:44.040]  and the federal court system, because in common human language,
[52:44.040 --> 52:47.040]  you would think that words like response, answer, reply,
[52:47.040 --> 52:51.040]  it all means kind of the same thing, not in the court system.
[52:51.040 --> 52:56.040]  When somebody, when a plaintiff files an original petition or complaint,
[52:56.040 --> 53:00.040]  the first thing that's expected from the defendant is a response,
[53:00.040 --> 53:06.040]  and then the plaintiff gets to file a reply to the response,
[53:06.040 --> 53:10.040]  and then after the court makes a ruling, then the defendant can file an answer.
[53:10.040 --> 53:17.040]  So technically, the defendants in this case filed a response to your friend's petition,
[53:17.040 --> 53:20.040]  and they attached a brief in support of their response,
[53:20.040 --> 53:23.040]  which was I'm sure a motion to dismiss.
[53:23.040 --> 53:26.040]  So tell us what they said.
[53:26.040 --> 53:31.040]  Okay, in this brief, she sued the attorney that represented the bank
[53:31.040 --> 53:34.040]  and did the foreclosure, the bank, a person at the bank,
[53:34.040 --> 53:36.040]  and the newspaper that carried it.
[53:36.040 --> 53:38.040]  And she sued the newspaper because it's a scheme.
[53:38.040 --> 53:43.040]  People have this scheme going on of taking people's property.
[53:43.040 --> 53:47.040]  Okay, they said that it appears that the only reason the bank
[53:47.040 --> 53:50.040]  and the person at the bank were added to the petition
[53:50.040 --> 53:54.040]  is due to the plaintiff's desire to avoid debts existing for almost 10 years.
[53:54.040 --> 53:58.040]  And that's actually kind of important because the bank was bought out recently.
[53:58.040 --> 54:03.040]  Okay, it says that additionally, I'll say Donna has been on our show.
[54:03.040 --> 54:07.040]  Donna's complaint was cut and pasted, and they put that in quotes.
[54:07.040 --> 54:12.040]  Cut and pasted from a debt avoidance, I'm going to turn the page,
[54:12.040 --> 54:17.040]  website offering advice on how to stop debt collectors, and that's in quotes too.
[54:17.040 --> 54:20.040]  And there's a footnote, and I'll get to that in a minute.
[54:20.040 --> 54:23.040]  But Donna seeks relief from her debts based on statutory provisions
[54:23.040 --> 54:26.040]  that do not apply to the bank or person at the bank,
[54:26.040 --> 54:32.040]  and we've shown that that isn't true, and so her complaint is due to be dismissed.
[54:32.040 --> 54:37.040]  And the footnote says a possible web-based source of chunks of her complaint
[54:37.040 --> 54:41.040]  and her verification request in letters is, and it says,
[54:41.040 --> 54:45.040]  sites.google.com.site.michaelmaris,
[54:45.040 --> 54:50.040]  and then with slash how to stop debt collectors with hyphens between them.
[54:50.040 --> 54:55.040]  And you know, by the way, someone, Shannon, on our show had mentioned
[54:55.040 --> 54:58.040]  Michael Maris has several cases on TASER,
[54:58.040 --> 55:01.040]  and they're not all exactly the same, but they're all very, very, very similar,
[55:01.040 --> 55:05.040]  and nobody complained to him that he's filing this same case over and over again.
[55:05.040 --> 55:13.040]  Well, yeah, and also what the defendant is doing is being insincere with the court.
[55:13.040 --> 55:20.040]  They're basically lying to the court because the Mike Maris method has nothing to do with debt avoidance.
[55:20.040 --> 55:25.040]  It has nothing to do with trying to get out of the debt, people.
[55:25.040 --> 55:35.040]  It's about the fact that they broke the law that the debt collectors have violated the DCPA,
[55:35.040 --> 55:41.040]  which is the Debt Collections Practices Act, and the FCRA, which is the Fair Credit Reporting Act,
[55:41.040 --> 55:46.040]  and the TCPA, which is the Telephonic Consumer Protection Act.
[55:46.040 --> 55:51.040]  They have violated these acts in the course of their attempt to collect the debt,
[55:51.040 --> 55:59.040]  and you sue them for that, and there's specific fines that can be imposed upon them
[55:59.040 --> 56:05.040]  that the defendant gets to collect, and it has absolutely nothing to do with the debt.
[56:05.040 --> 56:11.040]  And so what Mike is saying, the point being is that you pressure them into a plea deal,
[56:11.040 --> 56:17.040]  or not a plea deal, but you pressure them into a settlement in this litigation and say,
[56:17.040 --> 56:23.040]  well, hey, guys, you know, what you do is you get them to rack up more violations,
[56:23.040 --> 56:29.040]  a monetary amount that is in excess of the alleged debt that they claim you owe,
[56:29.040 --> 56:39.040]  and say, hey, you want to turn over to me the $30,000 of violations of the DCPA and the FCRA and the TCPA?
[56:39.040 --> 56:43.040]  Fine, I'll be happy to pay your 10 grand that you claim that I owe you,
[56:43.040 --> 56:46.040]  even though you hadn't proved it's a legitimate debt yet.
[56:46.040 --> 56:50.040]  And then they pretty much just shut up and go away and come back with another offer,
[56:50.040 --> 56:57.040]  and you pressure them in a settlement agreement to removing all entries from your credit report
[56:57.040 --> 57:03.040]  and agreeing not to sell the information related to the debt anymore and all that kind of good stuff
[57:03.040 --> 57:05.040]  and making the whole thing go away.
[57:05.040 --> 57:08.040]  So it really has nothing to do with getting out of the debt.
[57:08.040 --> 57:12.040]  So I just want to clarify that.
[57:12.040 --> 57:17.040]  You know, I don't want to put words on Michael Maris' mouth, but probably what he said is how to make debt collectors
[57:17.040 --> 57:21.040]  or how to stop debt collectors from violating the fair debt collection practices act.
[57:21.040 --> 57:23.040]  Right, absolutely.
[57:23.040 --> 57:27.040]  Yeah, and probably that Web site is not an official Michael Maris Web site.
[57:27.040 --> 57:28.040]  No, it's not.
[57:28.040 --> 57:33.040]  I was going to add that Michael Maris doesn't have a Web site.
[57:33.040 --> 57:37.040]  Somebody else may have copied and pasted some of his materials
[57:37.040 --> 57:40.040]  and put together something in an article somewhere.
[57:40.040 --> 57:45.040]  The only site official that I know of, and it's not even his Web site,
[57:45.040 --> 57:48.040]  is that on ruleoflawradio.com.
[57:48.040 --> 57:54.040]  You can click on a link and it goes to a sub-page where you can order his course.
[57:54.040 --> 57:57.040]  But yeah, what I was saying earlier, basically that's a summary
[57:57.040 --> 58:01.040]  of what Michael Maris has said on our show before about how his thing works.
[58:01.040 --> 58:05.040]  And that's why I called into your show because he's been on.
[58:05.040 --> 58:09.040]  Well, Don, you want to hang on the line so you can tell us some more about this on the other side?
[58:09.040 --> 58:11.040]  Yeah, I've got some more stuff right here.
[58:11.040 --> 58:12.040]  Okay, great.
[58:12.040 --> 58:13.040]  All right, just stay right there.
[58:13.040 --> 58:15.040]  And we'll be right back with Don Terry.
[58:15.040 --> 58:18.040]  We see Danny from Texas and Mike from Connecticut on the board.
[58:18.040 --> 58:20.040]  Just stay there, Danny and Mike.
[58:20.040 --> 58:25.040]  As soon as we get done talking with Don about this outrageousness,
[58:25.040 --> 58:31.040]  this outrageous response concerning the Michael Maris method, we will be right back.
[58:31.040 --> 58:35.040]  I mean, come on, they didn't even really respond.
[58:35.040 --> 58:40.040]  It's a deficient response.
[58:40.040 --> 58:46.040]  You guys should dismiss the case because she copied and pasted some stuff off of the Internet.
[58:46.040 --> 58:48.040]  What the heck does that mean?
[58:48.040 --> 58:50.040]  Okay, we'll be right back, folks.
[58:50.040 --> 59:00.040]  This is The Rule of Law, Randy Kelton, Eddie Craig, Deborah Stevens.
[59:00.040 --> 59:04.040]  The Bible remains the most popular book in the world.
[59:04.040 --> 59:08.040]  Yet countless readers are frustrated because they struggle to understand it.
[59:08.040 --> 59:12.040]  Some new translations try to help by simplifying the text,
[59:12.040 --> 59:17.040]  but in the process can compromise the profound meaning of the Scripture.
[59:17.040 --> 59:19.040]  Enter the recovery version.
[59:19.040 --> 59:23.040]  First, this new translation is extremely faithful and accurate,
[59:23.040 --> 59:28.040]  but the real story is the more than 9,000 explanatory footnotes.
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[59:32.040 --> 59:38.040]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:53.040 --> 59:57.040]  or by ordering online at freestudybible.com.
[59:57.040 --> 01:00:00.040]  That's freestudybible.com.
[01:00:00.040 --> 01:00:04.040]  This news brief brought to you by the International News Net.
[01:00:04.040 --> 01:00:08.040]  In Yemen, 40 protesters were injured when police opened fire Monday
[01:00:08.040 --> 01:00:13.040]  to disperse demonstrators demanding the resignation of President Ali Abdullah Saleh
[01:00:13.040 --> 01:00:17.040]  outside a government building in Jorf northeast of the capital Sana'a.
[01:00:17.040 --> 01:00:23.040]  Monday's violence came after eight people were killed in weekend clashes with security forces.
[01:00:23.040 --> 01:00:27.040]  Following Friday's devastating earthquake and tsunami in Japan,
[01:00:27.040 --> 01:00:31.040]  Shimodake Volcano erupted Sunday for the second time this year,
[01:00:31.040 --> 01:00:35.040]  sending ash and rock 2.5 miles into the sky.
[01:00:35.040 --> 01:00:40.040]  Officials are not yet certain whether the eruption was a result of the earthquake.
[01:00:40.040 --> 01:00:48.040]  The 8.9 quake unleashed a 23-foot tsunami and was followed by more than 50 aftershocks.
[01:00:48.040 --> 01:00:53.040]  Horses loyal to Libyan dictator Muammar Gaddafi bombed Ajavea Monday,
[01:00:53.040 --> 01:00:57.040]  the last disputed town before the eastern rebel stronghold.
[01:00:57.040 --> 01:01:00.040]  Gaddafi is reported to be offering rebel fighters amnesty.
[01:01:00.040 --> 01:01:06.040]  Rebels said Monday they had retaken parts of the oil town of Brega and captured Gaddafi troops.
[01:01:06.040 --> 01:01:15.040]  The U.S., Britain, and France have promised to set up a no-fly zone to help rebels fight government forces.
[01:01:15.040 --> 01:01:19.040]  State Department spokesman P.J. Crawley fell on his sword Sunday
[01:01:19.040 --> 01:01:24.040]  after saying treatment of WikiLeaks suspect Private Bradley Manning in military detention
[01:01:24.040 --> 01:01:29.040]  has been, quote, ridiculous and counterproductive and stupid.
[01:01:29.040 --> 01:01:34.040]  Obama administration officials said the White House was furious over Crawley's comments.
[01:01:34.040 --> 01:01:39.040]  Barack Obama said the Pentagon had assured him its procedures in Manning's confinement
[01:01:39.040 --> 01:01:43.040]  were, quote, appropriate and are meeting our basic standards.
[01:01:43.040 --> 01:01:47.040]  Critics say Manning's conditions are punitive punishment and torture.
[01:01:47.040 --> 01:01:51.040]  He is being kept in solitary confinement and is stripped naked nightly.
[01:01:51.040 --> 01:01:57.040]  The Pentagon claims Manning is suicidal, though critics say there is no evidence to support that claim.
[01:01:57.040 --> 01:02:02.040]  Crawley has not retracted his comments but said his criticism of the Pentagon was,
[01:02:02.040 --> 01:02:07.040]  quote, intended to highlight the strategic impact of discrete actions undertaken
[01:02:07.040 --> 01:02:14.040]  by national security agencies every day and their impact on our global standing.
[01:02:14.040 --> 01:02:20.040]  The death toll from the Japanese earthquake and tsunami is expected to far exceed 10,000
[01:02:20.040 --> 01:02:26.040]  as local and international rescue teams search through the ruins of coastal cities for survivors.
[01:02:26.040 --> 01:02:32.040]  Despite the deployment of 100,000 Japanese troops and more than 500 foreign rescue specialists,
[01:02:32.040 --> 01:02:37.040]  a relief operation is being hampered by crippled roads, rail, power and ports.
[01:02:37.040 --> 01:02:43.040]  The city of Rikuzentakata, population 23,000, was almost completely wiped out.
[01:02:43.040 --> 01:02:48.040]  In the town of Otsuchi, 12,000 are missing out of a population of 15,000.
[01:02:48.040 --> 01:02:53.040]  Patrick Fuller of the International Red Cross Federation described the situation in Otsuchi as a
[01:02:53.040 --> 01:02:58.040]  scene from hell just beyond belief. Almost everything has been flattened.
[01:02:58.040 --> 01:03:08.040]  For more details on this story, visit www.inmworldreport.net.
[01:03:08.040 --> 01:03:14.040]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com,
[01:03:14.040 --> 01:03:39.040]  live free speech talk radio at its best.
[01:04:14.040 --> 01:04:23.040]  Okay, folks, we are back.
[01:04:23.040 --> 01:04:30.040]  And we're speaking with Don Terry here from Agenda 21 Talk,
[01:04:30.040 --> 01:04:37.040]  and he's talking about this crazy response regarding a friend of his that was suing someone
[01:04:37.040 --> 01:04:44.040]  for closing the property and repoed a car and using the Mike Mears method.
[01:04:44.040 --> 01:04:52.040]  And I just might add that there's probably been at least 100, maybe more 200 customers
[01:04:52.040 --> 01:04:56.040]  that have bought the Mike Mears method off of our website,
[01:04:56.040 --> 01:05:01.040]  and not one person has ever complained that it doesn't work,
[01:05:01.040 --> 01:05:04.040]  and in fact all we have gotten is good response.
[01:05:04.040 --> 01:05:07.040]  And so even in this situation it probably will work.
[01:05:07.040 --> 01:05:09.040]  I mean, Don is in a different situation.
[01:05:09.040 --> 01:05:13.040]  This is a foreclosure, and normally people use the Mike Mears method
[01:05:13.040 --> 01:05:16.040]  to deal with credit cards and debt collectors for credit cards.
[01:05:16.040 --> 01:05:18.040]  So we'll see how this all pans out.
[01:05:18.040 --> 01:05:20.040]  But Don, please continue.
[01:05:20.040 --> 01:05:21.040]  All right.
[01:05:21.040 --> 01:05:24.040]  A couple paragraphs later they responded to Donna,
[01:05:24.040 --> 01:05:29.040]  who responded to each of the bank's letters with a form letter identical to one found on
[01:05:29.040 --> 01:05:34.040]  Michael J. Mears' House of Stock Debt Collector's website,
[01:05:34.040 --> 01:05:39.040]  and he doesn't have a website, so that's not true.
[01:05:39.040 --> 01:05:43.040]  And it's not true that they sent multiple letters either.
[01:05:43.040 --> 01:05:45.040]  She, as I recall, if I get it right,
[01:05:45.040 --> 01:05:48.040]  and we may talk about it more on our show in more detail,
[01:05:48.040 --> 01:05:51.040]  but I think she sent several letters.
[01:05:51.040 --> 01:05:55.040]  They only responded one, and they sent copies of the debt rather than anything,
[01:05:55.040 --> 01:05:58.040]  copies of stuff, unverified.
[01:05:58.040 --> 01:06:00.040]  But anyway, so they put that in there.
[01:06:00.040 --> 01:06:03.040]  In those letters, Donna requested validation of the debts
[01:06:03.040 --> 01:06:06.040]  and threatened civil and criminal action, which is okay.
[01:06:06.040 --> 01:06:11.040]  She did not dispute owing the debt, and I believe that's incorrect.
[01:06:11.040 --> 01:06:16.040]  Under no SBCPA, the Fair Debt Collection Practices Act,
[01:06:16.040 --> 01:06:21.040]  based obligations to respond to Donna's letters to the bank's attorney.
[01:06:21.040 --> 01:06:24.040]  Out of the goodness of his heart, they left that out.
[01:06:24.040 --> 01:06:29.040]  Defendant Jones included all verification information required by the SBCPA
[01:06:29.040 --> 01:06:33.040]  in his Notice of Default and Acceleration, and that is not true.
[01:06:33.040 --> 01:06:36.040]  That is definitely not true.
[01:06:36.040 --> 01:06:39.040]  Because Donna failed to pay the accelerated balance,
[01:06:39.040 --> 01:06:44.040]  the bank instituted foreclosure proceedings and conducted the sale February 22nd,
[01:06:44.040 --> 01:06:46.040]  which was actually within the 30-day period.
[01:06:46.040 --> 01:06:49.040]  So they actually didn't even give her 30 days.
[01:06:49.040 --> 01:06:58.040]  And they included as Exhibit 2 a copy from her letter and a copy from the Web site.
[01:06:58.040 --> 01:07:03.040]  So, you know, like you say, so what?
[01:07:03.040 --> 01:07:04.040]  So what?
[01:07:04.040 --> 01:07:05.040]  So what?
[01:07:05.040 --> 01:07:06.040]  It doesn't matter.
[01:07:06.040 --> 01:07:11.040]  What matters is in her petition, there's three things that basically matter.
[01:07:11.040 --> 01:07:13.040]  Does she have standing?
[01:07:13.040 --> 01:07:17.040]  Does she state a claim upon which relief can be granted?
[01:07:17.040 --> 01:07:19.040]  And does the court have jurisdiction?
[01:07:19.040 --> 01:07:21.040]  Those are the first three main questions.
[01:07:21.040 --> 01:07:24.040]  And if the answers to those questions are yes,
[01:07:24.040 --> 01:07:29.040]  then it doesn't matter if she copied and pasted stuff off of Web sites or not.
[01:07:29.040 --> 01:07:30.040]  It's irrelevant.
[01:07:30.040 --> 01:07:31.040]  It's completely irrelevant.
[01:07:31.040 --> 01:07:33.040]  It's a non-responsive response.
[01:07:33.040 --> 01:07:39.040]  Now, Donna, doesn't this have to do with a situation where what happened was that
[01:07:39.040 --> 01:07:44.040]  this was a local bank, it was a small bank, and another bank bought it,
[01:07:44.040 --> 01:07:50.040]  and the bank president was trying to force Donna into signing new promissory notes
[01:07:50.040 --> 01:07:52.040]  for the property and for the car.
[01:07:52.040 --> 01:07:55.040]  And she said, no, there's already a promissory note.
[01:07:55.040 --> 01:07:57.040]  I'm already making payments to you.
[01:07:57.040 --> 01:08:02.040]  You took over the other bank, and I'm continuing to make my payments.
[01:08:02.040 --> 01:08:07.040]  I'm not going to sign a new promissory note for either the car or the property.
[01:08:07.040 --> 01:08:09.040]  And so then they foreclosed.
[01:08:09.040 --> 01:08:10.040]  Is that what happened?
[01:08:10.040 --> 01:08:11.040]  That's correct.
[01:08:11.040 --> 01:08:12.040]  Oh, my gosh.
[01:08:12.040 --> 01:08:18.040]  I believe banks are exempted from the SBCPA because they're lending institutions.
[01:08:18.040 --> 01:08:24.040]  However, the name of the bank changed, and she had the land within the original bank.
[01:08:24.040 --> 01:08:25.040]  It still was.
[01:08:25.040 --> 01:08:26.040]  She didn't sign a new one.
[01:08:26.040 --> 01:08:31.040]  So that means the new bank bought out the debt, and so now they're a debt collector.
[01:08:31.040 --> 01:08:36.040]  They didn't owe any money to her, and so they are truly a debt collector.
[01:08:36.040 --> 01:08:37.040]  Interesting.
[01:08:37.040 --> 01:08:38.040]  All right.
[01:08:38.040 --> 01:08:41.040]  So they have a brief to support this?
[01:08:41.040 --> 01:08:48.040]  Yeah, they have a 13-page brief, and they called Donna's shopworm allegations are no more
[01:08:48.040 --> 01:08:52.040]  than thinly-veiled attempts to avoid a debt, which is not true,
[01:08:52.040 --> 01:08:56.040]  which she does not claim to be invalid, and that's not true.
[01:08:56.040 --> 01:09:01.040]  She would have had to have claimed it to be invalid at some point,
[01:09:01.040 --> 01:09:09.040]  because that's the basis of his method is that you send out these dispute letters and validation letters.
[01:09:09.040 --> 01:09:13.040]  Yeah, sadly, that's a false statement.
[01:09:13.040 --> 01:09:17.040]  And she has not answered the motion, but it's briefed yet, but she did answer.
[01:09:17.040 --> 01:09:21.040]  She just had to send answers in by the 16th, March the 16th,
[01:09:21.040 --> 01:09:24.040]  so she wrote some stuff up and is going to send them out.
[01:09:24.040 --> 01:09:29.040]  But, I mean, it goes on with stuff like she has followed Mira's advice
[01:09:29.040 --> 01:09:33.040]  and is attempting to, in quotes, stop these guys, in quotes,
[01:09:33.040 --> 01:09:39.040]  dead to their tracks and even get these judgments removed in a settlement lease so you will never be bothered again.
[01:09:39.040 --> 01:09:42.040]  And, you know, just stuff like that, which just didn't.
[01:09:42.040 --> 01:09:43.040]  So what?
[01:09:43.040 --> 01:09:47.040]  It doesn't get them out of the mess they're in.
[01:09:47.040 --> 01:09:48.040]  Right.
[01:09:48.040 --> 01:09:51.040]  And it quotes more of the website, stuff like that.
[01:09:51.040 --> 01:10:01.040]  Well, you know, it just shows that Mike is apparently causing these guys some problems or have in the past
[01:10:01.040 --> 01:10:05.040]  that they are bringing something like this up.
[01:10:05.040 --> 01:10:06.040]  Yeah, that's what I would think.
[01:10:06.040 --> 01:10:09.040]  He's on their radar now.
[01:10:09.040 --> 01:10:11.040]  Right, exactly.
[01:10:11.040 --> 01:10:12.040]  All right, very interesting.
[01:10:12.040 --> 01:10:15.040]  So you have anything else on this for us, Don?
[01:10:15.040 --> 01:10:16.040]  No, that's it.
[01:10:16.040 --> 01:10:17.040]  We might talk.
[01:10:17.040 --> 01:10:20.040]  If we didn't get a guest on, we'll have a guest tomorrow night.
[01:10:20.040 --> 01:10:24.040]  If not, we'll be talking about this tomorrow night in more detail.
[01:10:24.040 --> 01:10:33.040]  Again, I just want to be sure because I recommend people get Michael Maris' seminar tapes off of ruleofwildradio.com.
[01:10:33.040 --> 01:10:34.040]  Good stuff.
[01:10:34.040 --> 01:10:40.040]  Maybe I can help you get Mike on for a little while tomorrow night to talk about it on your show.
[01:10:40.040 --> 01:10:41.040]  Hey, that'd be great.
[01:10:41.040 --> 01:10:46.040]  All right, well, Don, then let me get with you after the show and I'll hail up Mike
[01:10:46.040 --> 01:10:49.040]  and see if we can get him on your show for a little while tomorrow night.
[01:10:49.040 --> 01:10:51.040]  Okay, all right, thanks.
[01:10:51.040 --> 01:10:52.040]  Everybody have a good evening.
[01:10:52.040 --> 01:10:54.040]  All right, thanks, Don.
[01:10:54.040 --> 01:10:55.040]  Okay, good night.
[01:10:55.040 --> 01:10:56.040]  Good night.
[01:10:56.040 --> 01:11:01.040]  Okay, Eddie, you want to go to some callers or did you have some other material to present?
[01:11:01.040 --> 01:11:03.040]  No, let's take the callers.
[01:11:03.040 --> 01:11:04.040]  Okay, let's take the callers.
[01:11:04.040 --> 01:11:10.040]  Callers who want to call in and talk to Eddie and me, we've got Danny from Texas.
[01:11:10.040 --> 01:11:11.040]  Danny, thanks for calling in.
[01:11:11.040 --> 01:11:13.040]  What is on your mind tonight?
[01:11:13.040 --> 01:11:14.040]  Hello, how are you doing?
[01:11:14.040 --> 01:11:15.040]  Okay.
[01:11:15.040 --> 01:11:25.040]  And I had emailed you about this, but, okay, basically March 4th I was going to another
[01:11:25.040 --> 01:11:31.040]  town, going to Dallas and going through the town of Bartlett and got pulled over for allegedly
[01:11:31.040 --> 01:11:36.040]  going 52 and a 30 in a school zone.
[01:11:36.040 --> 01:11:44.040]  And so I said, okay, I had been listening to you all before, but I realized I had only
[01:11:44.040 --> 01:11:50.040]  10 days to respond to, you know, because I signed the promise to appear.
[01:11:50.040 --> 01:11:56.040]  Okay, so I tried to listen to a few recordings and everything just to kind of get an idea
[01:11:56.040 --> 01:11:58.040]  of what to do.
[01:11:58.040 --> 01:12:02.040]  I found something that Randy had put on.
[01:12:02.040 --> 01:12:10.040]  It was like a Word document, and it's a special appearance deal.
[01:12:10.040 --> 01:12:18.040]  So I didn't have time to do a lot of research or whatever because my grandmother passed
[01:12:18.040 --> 01:12:21.040]  away and all that, so I had to go to the funeral and I had to rush on Monday.
[01:12:21.040 --> 01:12:30.040]  So I went to the Bartlett Municipal Court to file this special appearance.
[01:12:30.040 --> 01:12:35.040]  And I'm hoping I was doing that right, at least doing that right.
[01:12:35.040 --> 01:12:41.040]  So basically I used, like I say, Randy's document, put my name in there, put the city
[01:12:41.040 --> 01:12:45.040]  and all that and the officer's name and all that in there.
[01:12:45.040 --> 01:12:52.040]  And when I went down to the court, the only people within the court was a guy about 23
[01:12:52.040 --> 01:13:01.040]  years old and I guess the mayor or something, but he did not know how to file the paper,
[01:13:01.040 --> 01:13:03.040]  the special appearance.
[01:13:03.040 --> 01:13:11.040]  He started grabbing for the no-contest, you know, the plea, the plea document.
[01:13:11.040 --> 01:13:16.040]  And he was like, okay, we'll fill this out first and then we'll get you a file number
[01:13:16.040 --> 01:13:20.040]  and then we'll handle this over here, you know, the special appearance.
[01:13:20.040 --> 01:13:21.040]  And did you?
[01:13:21.040 --> 01:13:23.040]  No.
[01:13:23.040 --> 01:13:25.040]  Was I supposed to?
[01:13:25.040 --> 01:13:26.040]  Okay.
[01:13:26.040 --> 01:13:27.040]  Okay, yeah.
[01:13:27.040 --> 01:13:28.040]  No, you were not.
[01:13:28.040 --> 01:13:29.040]  Okay, good.
[01:13:29.040 --> 01:13:31.040]  And I told him, I said, well, I'm making a special appearance.
[01:13:31.040 --> 01:13:37.040]  And so he went and took the paperwork to the mayor or something and came back and said,
[01:13:37.040 --> 01:13:48.040]  well, the only way I can even give you a filing number is through the system via this citation.
[01:13:48.040 --> 01:13:53.040]  I guess he puts the citation number in the computer and it spits out the filing number,
[01:13:53.040 --> 01:13:58.040]  but that would be, that would mean that I'm no, that I'm fleeing basically.
[01:13:58.040 --> 01:14:02.040]  And so this guy writes a number on there.
[01:14:02.040 --> 01:14:06.040]  He said, well, I've never done these and nobody comes in here and files anything.
[01:14:06.040 --> 01:14:12.040]  So he puts, the cause number is 0001.
[01:14:12.040 --> 01:14:19.040]  And he said that he'll forward it to the judge, which the judge is in Belton County,
[01:14:19.040 --> 01:14:23.040]  and he only comes there like once a month.
[01:14:23.040 --> 01:14:25.040]  The only issue, because I got to...
[01:14:25.040 --> 01:14:26.040]  Okay, wait a minute.
[01:14:26.040 --> 01:14:27.040]  I'm sorry.
[01:14:27.040 --> 01:14:31.040]  The judge is in a different county or is this within the same county?
[01:14:31.040 --> 01:14:32.040]  I'm sorry.
[01:14:32.040 --> 01:14:33.040]  I'm sorry.
[01:14:33.040 --> 01:14:37.040]  The judge is in Bel County, which is Belton.
[01:14:37.040 --> 01:14:40.040]  And your ticket was issued in what county?
[01:14:40.040 --> 01:14:42.040]  Bel.
[01:14:42.040 --> 01:14:43.040]  Okay.
[01:14:43.040 --> 01:14:49.040]  So, but it was issued by a municipal police officer and you were sent to a municipal court?
[01:14:49.040 --> 01:14:51.040]  Yes.
[01:14:51.040 --> 01:14:52.040]  Okay.
[01:14:52.040 --> 01:14:57.040]  Where's this judge coming from?
[01:14:57.040 --> 01:15:03.040]  Is that a different town or is this a county judge?
[01:15:03.040 --> 01:15:09.040]  He resides in Belton, the county, yeah, I guess he's a Bel, I guess he's a Bel County judge,
[01:15:09.040 --> 01:15:16.040]  but he resides in Belton, Texas, and he just comes down the apartment once a month.
[01:15:16.040 --> 01:15:17.040]  Okay.
[01:15:17.040 --> 01:15:18.040]  Well, there's a slight problem.
[01:15:18.040 --> 01:15:19.040]  Okay.
[01:15:19.040 --> 01:15:25.040]  If he is a JP or a county judge, he cannot sit in a municipal court.
[01:15:25.040 --> 01:15:28.040]  Okay.
[01:15:28.040 --> 01:15:34.040]  We need to find out what kind of judge he is and where he's coming from.
[01:15:34.040 --> 01:15:43.040]  Is he municipal, is he JP, is he county, and what court does he attend to hold court in for this ticket?
[01:15:43.040 --> 01:15:44.040]  You know what?
[01:15:44.040 --> 01:15:50.040]  He is a justice of the peace because I Googled his last name and found out that he was in Belton,
[01:15:50.040 --> 01:15:51.040]  and it said justice of the peace.
[01:15:51.040 --> 01:15:54.040]  And he's going to come hold trial in a municipal court?
[01:15:54.040 --> 01:15:58.040]  Yes.
[01:15:58.040 --> 01:15:59.040]  All right.
[01:15:59.040 --> 01:16:07.040]  Well, the way they were set up, I can tell they don't expect anyone to come in and do anything
[01:16:07.040 --> 01:16:13.040]  other than pay or file the, you know, do the plea thing because the guy...
[01:16:13.040 --> 01:16:18.040]  Well, whether they expect it or not, the law requires that everybody do their job
[01:16:18.040 --> 01:16:25.040]  and do it in accordance with law no matter what they expect, and this is not what they're doing.
[01:16:25.040 --> 01:16:27.040]  Yes.
[01:16:27.040 --> 01:16:35.040]  So the first thing you're going to want to do is challenge the jurisdiction of the judge to sit in that court.
[01:16:35.040 --> 01:16:39.040]  That's the first thing you're going to want to do.
[01:16:39.040 --> 01:16:40.040]  Okay.
[01:16:40.040 --> 01:16:41.040]  Okay.
[01:16:41.040 --> 01:16:43.040]  Hang on just a second. We're going to go to break.
[01:16:43.040 --> 01:16:46.040]  We'll pick this up on the other side when we get back.
[01:16:46.040 --> 01:16:47.040]  Appreciate it.
[01:16:47.040 --> 01:16:48.040]  Okay.
[01:16:48.040 --> 01:16:52.040]  This is Rule of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens.
[01:16:52.040 --> 01:16:56.040]  512-646-1984 is the call-in number.
[01:16:56.040 --> 01:16:57.040]  Please give us a call.
[01:16:57.040 --> 01:17:00.040]  We'll be right back after the break.
[01:17:00.040 --> 01:17:05.040]  Capital Coin and Bullion is your local source for rare coins, precious metals,
[01:17:05.040 --> 01:17:07.040]  and coin supplies in the Austin metro area.
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[01:17:09.040 --> 01:17:15.040]  We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:15.040 --> 01:17:20.040]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
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[01:17:28.040 --> 01:17:32.040]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor
[01:17:32.040 --> 01:17:35.040]  next to the Ishiban Sushi and the Genie Car Wash.
[01:17:35.040 --> 01:17:39.040]  We're open Monday through Friday 10 to 6, Saturdays 10 to 5.
[01:17:39.040 --> 01:17:45.040]  You're welcome to stop in during regular business hours or call 512-646-6440.
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[01:17:50.040 --> 01:18:00.040]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A or call 512-646-6440.
[01:18:00.040 --> 01:18:04.040]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:18:04.040 --> 01:18:09.040]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.040 --> 01:18:13.040]  With the mortgage crisis worsening, we set our sights on finding a remedy
[01:18:13.040 --> 01:18:16.040]  for people who have been cheated by their lenders.
[01:18:16.040 --> 01:18:21.040]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:21.040 --> 01:18:22.040]  But there is a remedy.
[01:18:22.040 --> 01:18:30.040]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:30.040 --> 01:18:37.040]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:37.040 --> 01:18:44.040]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:44.040 --> 01:18:48.040]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:18:48.040 --> 01:19:00.040]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:19:18.040 --> 01:19:34.040]  All right, folks.
[01:19:34.040 --> 01:19:35.040]  We are back.
[01:19:35.040 --> 01:19:36.040]  Rule of Law Radio.
[01:19:36.040 --> 01:19:41.040]  We are going to try to finish up with Danny here on this case he's talking about.
[01:19:41.040 --> 01:19:42.040]  All right, Danny, go ahead.
[01:19:42.040 --> 01:19:48.040]  Okay, so you say a challenge to jurisdiction. Okay, I got that.
[01:19:48.040 --> 01:19:50.040]  Well, here's the thing.
[01:19:50.040 --> 01:19:58.040]  If this judge comes and sits in a new location for a different court, then the judge has to take a new oath of office.
[01:19:58.040 --> 01:20:01.040]  He's considered a visiting judge.
[01:20:01.040 --> 01:20:11.040]  Chapter 51, Local Government Code, makes it very clear visiting judges must retake the oath of office in the visiting location.
[01:20:11.040 --> 01:20:24.040]  The other problem is, is a county official cannot act on behalf of a municipality, and that's exactly what he's going to be doing if this is, in fact, a municipal court.
[01:20:24.040 --> 01:20:27.040]  Okay.
[01:20:27.040 --> 01:20:35.040]  Okay, now, one of the things that I think may have gotten wrong or whatever.
[01:20:35.040 --> 01:20:41.040]  Okay, so I think I filed the special appearance. I hope it's filed.
[01:20:41.040 --> 01:20:45.040]  Did you get a file stamp on it?
[01:20:45.040 --> 01:20:51.040]  Yes, I got the notary on it, but I noticed that I didn't have the-
[01:20:51.040 --> 01:21:00.040]  Wait, notary's not the same thing as a court file stamp that says, yes, the court has a copy of this document.
[01:21:00.040 --> 01:21:08.040]  Well, and see, that's the thing. This guy was the only- this was the place they said I had to show up at, and so-
[01:21:08.040 --> 01:21:16.040]  Well, that may be true, but if he's sitting in the court, then he should have access to the stamp you got to have on that document that says, yes, it's filed.
[01:21:16.040 --> 01:21:21.040]  Now, this was City Hall.
[01:21:21.040 --> 01:21:23.040]  They directed you to City Hall?
[01:21:23.040 --> 01:21:25.040]  Yes.
[01:21:25.040 --> 01:21:28.040]  Is the court in City Hall?
[01:21:28.040 --> 01:21:40.040]  I need to make sure that the address they put on there was basically the- they said municipal court, but it was basically the City Hall,
[01:21:40.040 --> 01:21:48.040]  because I called and the clerk, the court clerk is the person who answered the phone. That's the guy I saw when I went to City Hall.
[01:21:48.040 --> 01:21:51.040]  Okay, but that's not really answering my question.
[01:21:51.040 --> 01:21:52.040]  Uh-huh.
[01:21:52.040 --> 01:21:57.040]  My question is, is the court in the City Hall?
[01:21:57.040 --> 01:22:00.040]  Okay, I need to check that out.
[01:22:00.040 --> 01:22:13.040]  Because if you were directed to appear anywhere other than a location that contains a proper magistrate having jurisdiction of the offense is located,
[01:22:13.040 --> 01:22:17.040]  the officer himself violated law.
[01:22:17.040 --> 01:22:28.040]  Okay, all right, so I need to check that out, but one of my biggest things is when I did so-called file the special appearance thing,
[01:22:28.040 --> 01:22:39.040]  I guess I didn't file it now, but I had no other recourse, but he was the only guy there, and this is where I was told to show up.
[01:22:39.040 --> 01:22:47.040]  He said he forwards everything to the judge. He got all forwarded to the judge in Belton.
[01:22:47.040 --> 01:22:57.040]  Okay, then if the judge that actually has jurisdiction is in Belton, then you need to file against the officer for misconduct in office,
[01:22:57.040 --> 01:23:10.040]  because the law under 543, specifically, 543 Texas Transportation Code, specifically directs that officer to tell you where to appear
[01:23:10.040 --> 01:23:21.040]  before a magistrate having jurisdiction of the offense, and if you show up at that location, there better be a magistrate available.
[01:23:21.040 --> 01:23:33.040]  Okay, all right, and I noticed attached to the citation, he had a copy that doesn't even have a file number on it yet,
[01:23:33.040 --> 01:23:44.040]  but it's where the officer had signed where he swears and blah, blah, blah, and what happened on the day, and then it's blank.
[01:23:44.040 --> 01:23:58.040]  It's as if they were waiting for me to come in, challenge the citation, you know, the plea, and then they create a cause number,
[01:23:58.040 --> 01:24:06.040]  and then they just attach that number to this paper that he had already signed as the affiant.
[01:24:06.040 --> 01:24:09.040]  Okay, now wait a minute, did you get a copy of that?
[01:24:09.040 --> 01:24:11.040]  Exactly, yes, I did.
[01:24:11.040 --> 01:24:13.040]  You did?
[01:24:13.040 --> 01:24:14.040]  Yeah, I did.
[01:24:14.040 --> 01:24:16.040]  Okay, you have a computer scanner?
[01:24:16.040 --> 01:24:18.040]  Yes.
[01:24:18.040 --> 01:24:21.040]  You need to scan that and email me a copy of that.
[01:24:21.040 --> 01:24:24.040]  Okay.
[01:24:24.040 --> 01:24:27.040]  We get to go hang somebody now.
[01:24:27.040 --> 01:24:34.040]  If this officer has signed an affidavit outside of the presence of the notary,
[01:24:34.040 --> 01:24:42.040]  and there is a notary stamp that winds up on that thing at a later date and time, somebody's going to be swinging from a tree.
[01:24:42.040 --> 01:24:47.040]  Okay, and that's what I kind of figured, and that's why I asked him to give me a copy.
[01:24:47.040 --> 01:24:51.040]  And I can tell you, he didn't know, he was pretty clueless about everything.
[01:24:51.040 --> 01:24:54.040]  Well, that's going to work in your favor this time.
[01:24:54.040 --> 01:24:56.040]  Now, what's your email?
[01:24:56.040 --> 01:24:58.040]  Eddie Craig?
[01:24:58.040 --> 01:25:03.040]  My email is Eddie, E-D-D-I-E, at ruleoflawradio.com.
[01:25:03.040 --> 01:25:06.040]  Okay, rule of law.
[01:25:06.040 --> 01:25:16.040]  Okay, and I don't want to hold up anybody else, but, you know, so I'm just worried about my special appearance now,
[01:25:16.040 --> 01:25:23.040]  me being issued a bench warrant because I didn't, you know, because he, you know, I'm sure he didn't file it then.
[01:25:23.040 --> 01:25:28.040]  If he just put 0001 on it, because he said he didn't even know what to do.
[01:25:28.040 --> 01:25:30.040]  What he writes on it is irrelevant.
[01:25:30.040 --> 01:25:35.040]  What we need is a file stamp from the court saying that it was filed.
[01:25:35.040 --> 01:25:43.040]  That's why I want you to scan and send me a copy of everything involved in this, including the citation.
[01:25:43.040 --> 01:25:44.040]  Okay.
[01:25:44.040 --> 01:25:54.040]  And the one little quick thing, the verification area on there, I didn't put I, Danny Bell, and he didn't witness first.
[01:25:54.040 --> 01:25:56.040]  That's probably what you're talking about then.
[01:25:56.040 --> 01:25:59.040]  They could either manually put it in there or use the stamp.
[01:25:59.040 --> 01:26:05.040]  The verification, because there's a, I used Randy's special appearance.
[01:26:05.040 --> 01:26:08.040]  It was like 2000, I mean, yeah, 2008, I guess.
[01:26:08.040 --> 01:26:10.040]  I'm not talking about your verification.
[01:26:10.040 --> 01:26:14.040]  I'm talking about what the officer was required to do and did not.
[01:26:14.040 --> 01:26:15.040]  Okay.
[01:26:15.040 --> 01:26:16.040]  Okay.
[01:26:16.040 --> 01:26:17.040]  All right.
[01:26:17.040 --> 01:26:18.040]  All right.
[01:26:18.040 --> 01:26:21.040]  So I'll scan this to you.
[01:26:21.040 --> 01:26:22.040]  Okay.
[01:26:22.040 --> 01:26:23.040]  I'll be looking for it.
[01:26:23.040 --> 01:26:24.040]  All right.
[01:26:24.040 --> 01:26:25.040]  I appreciate it.
[01:26:25.040 --> 01:26:26.040]  Yes, sir.
[01:26:26.040 --> 01:26:27.040]  Thank you very much, Danny, for calling in.
[01:26:27.040 --> 01:26:28.040]  All right.
[01:26:28.040 --> 01:26:34.040]  We have Terry in Michigan, and after that, the board will be empty, folks, so please give us a call.
[01:26:34.040 --> 01:26:38.040]  512-646-1984 is the call-in number.
[01:26:38.040 --> 01:26:45.040]  If you got a traffic ticket or any other issue or whatever you need help with, if we can do it, give us a call.
[01:26:45.040 --> 01:26:51.040]  If it involves real estate or mortgages, however, save that for Thursday or Friday when Randy's on.
[01:26:51.040 --> 01:26:57.040]  That's not my field of expertise, nor is it any desire for me to make it so.
[01:26:57.040 --> 01:27:00.040]  I'm way too busy with this other stuff.
[01:27:00.040 --> 01:27:01.040]  All right.
[01:27:01.040 --> 01:27:03.040]  Terry, good evening, and what can we do for you?
[01:27:03.040 --> 01:27:05.040]  Hey, how's it going?
[01:27:05.040 --> 01:27:06.040]  Going all right.
[01:27:06.040 --> 01:27:08.040]  Good.
[01:27:08.040 --> 01:27:18.040]  With that stuff they're talking about with Michael Maris, you know, anybody who's read his stuff knows it's just outstanding, great information.
[01:27:18.040 --> 01:27:20.040]  And one of the things that I...
[01:27:20.040 --> 01:27:22.040]  You know, that's probably their problem with it.
[01:27:22.040 --> 01:27:25.040]  Well, that's exactly what I'm saying.
[01:27:25.040 --> 01:27:35.040]  If you just go and do a search and just put in Michael Maris, you're going to come up with a bunch of fake websites that are...
[01:27:35.040 --> 01:27:37.040]  I mean, it's really obvious if you see this stuff.
[01:27:37.040 --> 01:27:39.040]  They're set up to discredit them.
[01:27:39.040 --> 01:27:49.040]  And it looks like they're set up by just frontal creditors and debt collectors that have been screwed over, or not screwed over, but got what they deserve.
[01:27:49.040 --> 01:27:50.040]  It feels screwed over.
[01:27:50.040 --> 01:27:52.040]  Yeah, it feels screwed over.
[01:27:52.040 --> 01:28:04.040]  And I mean, there's stuff out there that really tries to put him in a bad light, and any of us that have seen this stuff know that, man, it's really good stuff.
[01:28:04.040 --> 01:28:16.040]  And it seems very obvious to me, and I think anybody else that's seen it is, you know, it's just set up there to discredit them.
[01:28:16.040 --> 01:28:19.040]  Well, it won't find me arguing against that.
[01:28:19.040 --> 01:28:22.040]  Yeah, I mean, just, you know, do a search.
[01:28:22.040 --> 01:28:31.040]  Put in Michael Maris, and you'll see some really strange stuff out there that we know that is not true.
[01:28:31.040 --> 01:28:33.040]  So I just wanted to let you guys know that.
[01:28:33.040 --> 01:28:34.040]  Okay.
[01:28:34.040 --> 01:28:35.040]  Appreciate it.
[01:28:35.040 --> 01:28:36.040]  Anything else?
[01:28:36.040 --> 01:28:38.040]  No, but thanks for everything.
[01:28:38.040 --> 01:28:39.040]  Appreciate it.
[01:28:39.040 --> 01:28:40.040]  Yes, sir.
[01:28:40.040 --> 01:28:41.040]  All right.
[01:28:41.040 --> 01:28:42.040]  Appreciate you.
[01:28:42.040 --> 01:28:43.040]  God bless.
[01:28:43.040 --> 01:28:44.040]  God bless you, too.
[01:28:44.040 --> 01:28:46.040]  Thanks, Terry.
[01:28:46.040 --> 01:28:47.040]  All right.
[01:28:47.040 --> 01:28:49.040]  Let's see, we have another couple of calls now.
[01:28:49.040 --> 01:28:50.040]  Good.
[01:28:50.040 --> 01:28:52.040]  We have Mike in Connecticut.
[01:28:52.040 --> 01:28:53.040]  Good evening, Mike.
[01:28:53.040 --> 01:28:54.040]  What can we do for you?
[01:28:54.040 --> 01:28:55.040]  Good evening, Eddie.
[01:28:55.040 --> 01:28:57.040]  Can you hear me okay?
[01:28:57.040 --> 01:28:58.040]  Yes, again.
[01:28:58.040 --> 01:29:00.040]  Okay, cool.
[01:29:00.040 --> 01:29:08.040]  My car was, I guess, unlawfully taken in New York.
[01:29:08.040 --> 01:29:13.040]  It's being held for ransom by the police department.
[01:29:13.040 --> 01:29:14.040]  Okay.
[01:29:14.040 --> 01:29:25.040]  What happened was my wife was driving, and she did a U-turn, I guess, that the police officer didn't agree with, so he pulled her over.
[01:29:25.040 --> 01:29:35.040]  And he cited her for unlicensed operator, even though she had a license.
[01:29:35.040 --> 01:29:36.040]  I hear the music.
[01:29:36.040 --> 01:29:37.040]  She actually had a license.
[01:29:37.040 --> 01:29:39.040]  She just didn't have it with her?
[01:29:39.040 --> 01:29:40.040]  No, she had it with her.
[01:29:40.040 --> 01:29:43.040]  It was a Connecticut license.
[01:29:43.040 --> 01:29:45.040]  Ah, was it expired?
[01:29:45.040 --> 01:29:47.040]  Nope.
[01:29:47.040 --> 01:29:48.040]  Okay.
[01:29:48.040 --> 01:29:51.040]  Well, hang on, and we'll pick this up on the other side.
[01:29:51.040 --> 01:29:54.040]  512-646-1984 is the call-in number.
[01:29:54.040 --> 01:29:56.040]  This is Rule of Law Radio.
[01:29:56.040 --> 01:30:00.040]  We're going to break, but we will be right back.
[01:30:00.040 --> 01:30:03.040]  Christ fed the multitude with only one loaf of bread.
[01:30:03.040 --> 01:30:06.040]  Poor people, there's something for you.
[01:30:06.040 --> 01:30:10.040]  Austin's Own Caribbean, One Love Kitchen, on the banks of the Colorado River.
[01:30:10.040 --> 01:30:16.040]  At 3109 East 1st Street is where you'll find One Love Kitchen, jerk chicken, vegetarian.
[01:30:16.040 --> 01:30:19.040]  Restaurant, Monday through Wednesday, lunch and dinner, $5.
[01:30:19.040 --> 01:30:24.040]  Friday and Saturday, we've got late night with Emperor's Town crew, still a $5 place.
[01:30:24.040 --> 01:30:30.040]  Jerk chicken and vegetarian place to beat One Love Kitchen, Austin, Texas.
[01:30:30.040 --> 01:30:34.040]  Did you know your heartbeat is a unique biometric identifier?
[01:30:34.040 --> 01:30:35.040]  The Apple iPhone does.
[01:30:35.040 --> 01:30:43.040]  I'm Dr. Catherine Albrecht. In a moment, I'll tell you about Apple's creepy plans to get very, very close to you.
[01:30:43.040 --> 01:30:47.040]  Your search engine is watching you, recording all your searches
[01:30:47.040 --> 01:30:50.040]  and creating a massive database of your personal information.
[01:30:50.040 --> 01:30:51.040]  That's creepy.
[01:30:51.040 --> 01:30:53.040]  But it doesn't have to be that way.
[01:30:53.040 --> 01:30:56.040]  Startpage.com is the world's most private search engine.
[01:30:56.040 --> 01:31:00.040]  Startpage doesn't store your IP address, make a record of your searches,
[01:31:00.040 --> 01:31:03.040]  or use tracking cookies, and they're third-party certified.
[01:31:03.040 --> 01:31:08.040]  If you don't like Big Brother spying on you, start over with Startpage.
[01:31:08.040 --> 01:31:10.040]  Great search results and total privacy.
[01:31:10.040 --> 01:31:14.040]  Startpage.com, the world's most private search engine.
[01:31:14.040 --> 01:31:18.040]  Look out, the iPhone may soon become a spy phone.
[01:31:18.040 --> 01:31:24.040]  A recent patent filing reveals that Apple once features hidden into the iPhone to see who's using the phone and where.
[01:31:24.040 --> 01:31:29.040]  First, the phone's microphone would pick up and analyze your heartbeat as a form of ID.
[01:31:29.040 --> 01:31:34.040]  Then it would grab a snippet of your conversation and send it to Apple for voice analysis.
[01:31:34.040 --> 01:31:42.040]  The accelerometer or motion detector would analyze vibration patterns to see if you're walking or in a car, train, or bus.
[01:31:42.040 --> 01:31:50.040]  Finally, they would remotely turn on the camera and snap photos of landmarks and street signs to ID your location without your knowledge.
[01:31:50.040 --> 01:31:53.040]  Call me paranoid, but isn't this crossing a line?
[01:31:53.040 --> 01:32:00.040]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:00.040 --> 01:32:23.040]  All right, folks. We are back. This is Little Blah Radio. 512-646-1984 is the call-in number.
[01:32:23.040 --> 01:32:28.040]  We have a couple of callers still up on there, and we're going to go ahead and finish up with Mike in Connecticut.
[01:32:28.040 --> 01:32:35.040]  Now, Mike, you said that your wife performed the U-turn, and the officer pulled her over and incited her for no license.
[01:32:35.040 --> 01:32:36.040]  Right.
[01:32:36.040 --> 01:32:40.040]  But she had a Connecticut license, and she was in New York at the time.
[01:32:40.040 --> 01:32:46.040]  Outstanding New York tickets, and that her New York license was suspended.
[01:32:46.040 --> 01:32:49.040]  When did they notify her it was suspended?
[01:32:49.040 --> 01:32:51.040]  I don't know.
[01:32:51.040 --> 01:32:57.040]  Well, then I'd say they got a problem because they have to show that she was noticed.
[01:32:57.040 --> 01:33:03.040]  Okay. And he got on the phone with me, and he said he was impounding my car.
[01:33:03.040 --> 01:33:05.040]  It's in my name, my car.
[01:33:05.040 --> 01:33:08.040]  I asked him, how are you impounding my car without a warrant?
[01:33:08.040 --> 01:33:11.040]  And he just hung up on me.
[01:33:11.040 --> 01:33:13.040]  Well, that's typical.
[01:33:13.040 --> 01:33:22.040]  When I went down there, actually, I called up on the phone, and I questioned the death sergeant, and he told me it was a policy.
[01:33:22.040 --> 01:33:26.040]  Oh, well, too bad their policy violates protected rights.
[01:33:26.040 --> 01:33:29.040]  Right. And I said, what statute are you operating under?
[01:33:29.040 --> 01:33:36.040]  And he said, it's just what happens when someone's arrested.
[01:33:36.040 --> 01:33:47.040]  And also, I have to pay the police department $25 before I can get my car back from the tow truck company because they say it's a service fee to them.
[01:33:47.040 --> 01:33:50.040]  It sounds like extortion.
[01:33:50.040 --> 01:33:52.040]  It is an extortion fee.
[01:33:52.040 --> 01:33:53.040]  Bet on it.
[01:33:53.040 --> 01:33:55.040]  Everybody wants their piece of the pie.
[01:33:55.040 --> 01:34:01.040]  And how, if there's a way of getting it back without paying or just should pay and try to sue them?
[01:34:01.040 --> 01:34:12.040]  Well, if you'll send me an email, I will try to put you in touch with a few other folks that I am familiar with there in New York that may be able and willing to help you in this particular situation.
[01:34:12.040 --> 01:34:13.040]  Okay.
[01:34:13.040 --> 01:34:20.040]  So if you'll send me a contact email, I will forward it on to them and let you all work that part of it out.
[01:34:20.040 --> 01:34:25.040]  They are listeners of the show, and I do know a couple of them personally.
[01:34:25.040 --> 01:34:31.040]  So if they are able to help you, they most likely will contact you and tell you what you need to do.
[01:34:31.040 --> 01:34:32.040]  Okay.
[01:34:32.040 --> 01:34:33.040]  I'll email them.
[01:34:33.040 --> 01:34:34.040]  I'll get off the line.
[01:34:34.040 --> 01:34:35.040]  I've got to get another caller.
[01:34:35.040 --> 01:34:36.040]  Thanks very much.
[01:34:36.040 --> 01:34:37.040]  Okay.
[01:34:37.040 --> 01:34:38.040]  Thank you for calling in.
[01:34:38.040 --> 01:34:39.040]  All right.
[01:34:39.040 --> 01:34:40.040]  Good.
[01:34:40.040 --> 01:34:41.040]  Our callers are picking up.
[01:34:41.040 --> 01:34:43.040]  Let's go to Dee in Florida.
[01:34:43.040 --> 01:34:44.040]  Hi, Dee.
[01:34:44.040 --> 01:34:45.040]  What can we do for you?
[01:34:45.040 --> 01:34:46.040]  Hi.
[01:34:46.040 --> 01:34:48.040]  I want to thank you so much for this show.
[01:34:48.040 --> 01:34:56.040]  I had a Debbie last week telling us, which I've been telling my husband for so long, we should have a pocket tape recorder wherever we go for security purposes.
[01:34:56.040 --> 01:35:00.040]  So we bought three, and I feel wonderful.
[01:35:00.040 --> 01:35:06.040]  You know, I've already caught some really things that were pertinent to people lying.
[01:35:06.040 --> 01:35:15.040]  You know, we have a real estate business, and we buy and sell properties and do resources, and we also have an animal rights little place here with a 501C3.
[01:35:15.040 --> 01:35:18.040]  My call is to let you know about one of our persons.
[01:35:18.040 --> 01:35:26.040]  I want to share this because it's vital data, who bought a house we had a contract on, and we are investors.
[01:35:26.040 --> 01:35:30.040]  He wrote us three post-dated checks, and we trusted him.
[01:35:30.040 --> 01:35:34.040]  He's in the military and all of that, took a big house off the market, held it.
[01:35:34.040 --> 01:35:37.040]  The old man has cancer, and it was two payments behind.
[01:35:37.040 --> 01:35:38.040]  We were going to save the house.
[01:35:38.040 --> 01:35:51.040]  Well, I took the check to the bank, my bank, and, you know, they held it until it was, you know, the day it was supposed to be post-dated, which was the second.
[01:35:51.040 --> 01:36:02.040]  And I went in and cashed it, went out and bought some more real estate, and now the Bank of America has returned it for stop payment.
[01:36:02.040 --> 01:36:11.040]  So I called up the line in the, you know, recovery department, and I found out that it is against the UCC laws,
[01:36:11.040 --> 01:36:23.040]  the federal laws for banks to put a stop payment on any client's check that they have unless that client has filed a lost or stolen report on the check.
[01:36:23.040 --> 01:36:30.040]  It is being done all the time out of laziness, and it causes a great deal of pain for many people.
[01:36:30.040 --> 01:36:38.040]  They are legally liable for putting a stop payment on a check because the person wrote the check just because they come up and say,
[01:36:38.040 --> 01:36:49.040]  I want to stop payment on it, without the person having that if their account holder placed a lost or stolen report, which these people had not done.
[01:36:49.040 --> 01:36:54.040]  So, you know, I called the recovery department of the other bank and they said,
[01:36:54.040 --> 01:37:00.040]  oh, well, we can't run around looking up everybody's accounts to see if they filed a lost or stolen report.
[01:37:00.040 --> 01:37:03.040]  They can't if the law tells them they have to.
[01:37:03.040 --> 01:37:04.040]  Well, that's what I told them.
[01:37:04.040 --> 01:37:14.040]  I said, well, how dare us have to abide by the law, Madam, when you folks are not doing it, and I'm going to report you to the UCC, and I think it's not okay.
[01:37:14.040 --> 01:37:22.040]  I mean, I'm sure that individual people, they're just – they're honoring someone's request and they're breaking the law.
[01:37:22.040 --> 01:37:25.040]  The law is the law, isn't it, for all of us?
[01:37:25.040 --> 01:37:28.040]  Well, by chance, would you look this information up?
[01:37:28.040 --> 01:37:42.040]  Did it show in that UCC statute you're dealing with that the person who suffers the harm because of the stop payment has recourse against the financial institution for it?
[01:37:42.040 --> 01:37:43.040]  I'm looking it up.
[01:37:43.040 --> 01:37:45.040]  I wasn't – I didn't have access to the Internet.
[01:37:45.040 --> 01:37:46.040]  It was down.
[01:37:46.040 --> 01:37:48.040]  But I will be looking that up tomorrow.
[01:37:48.040 --> 01:37:58.040]  I called my bank, and I got what you said, and yes, we're going to let you know what happens on that because you have so much vital data, and it's like a whole new life since we met you guys.
[01:37:58.040 --> 01:38:09.040]  We have freedoms we never had and hope, and we are pursuing the liars in these places and who are breaking the law, and the American people are just going along.
[01:38:09.040 --> 01:38:19.040]  So I called the manager of the bank, and she had fired the poor man that released the hold on the check because Bank of America said the funds were available.
[01:38:19.040 --> 01:38:23.040]  And I said, how dare you perform that injustice to that nice fellow?
[01:38:23.040 --> 01:38:25.040]  He creates a lot of business for you.
[01:38:25.040 --> 01:38:27.040]  And she says, well, he violated a policy.
[01:38:27.040 --> 01:38:29.040]  I said, what policy?
[01:38:29.040 --> 01:38:37.040]  We waited for the check, said it was due to be cleared on the second in cash, and he did put a two-day hold prior to that.
[01:38:37.040 --> 01:38:41.040]  And the funds came out, and we didn't write a bad check, and he didn't do anything wrong.
[01:38:41.040 --> 01:38:46.040]  Yet you're punishing him sounds to me like you're trying to cover your own butt, you know?
[01:38:46.040 --> 01:38:47.040]  And she didn't like that.
[01:38:47.040 --> 01:38:52.040]  And I said, if you don't get him back on the job, I'm going to file a lawsuit against you.
[01:38:52.040 --> 01:38:55.040]  And boy, she got scared.
[01:38:55.040 --> 01:38:56.040]  It was hysterical.
[01:38:56.040 --> 01:39:01.040]  Well, he has a lawsuit against her for wrongful termination, and he needs to go after that bank.
[01:39:01.040 --> 01:39:06.040]  If you know his name, I'd look him up and let him know exactly what his recourse would be in that.
[01:39:06.040 --> 01:39:07.040]  That's beautiful.
[01:39:07.040 --> 01:39:12.040]  But he can sue them for wrongful termination when he can show that he did nothing wrong,
[01:39:12.040 --> 01:39:18.040]  and they were actually trying to get him to violate the law directly.
[01:39:18.040 --> 01:39:19.040]  Exactly.
[01:39:19.040 --> 01:39:20.040]  You got that right.
[01:39:20.040 --> 01:39:23.040]  And the point is the people that wrote us the check put us through hell.
[01:39:23.040 --> 01:39:28.040]  We went over, and we barely take a postage, but we trusted them, kept us out all night,
[01:39:28.040 --> 01:39:33.040]  took the house off the market, and it's a $300,000 home, and we lost a lot.
[01:39:33.040 --> 01:39:38.040]  And so the point is they then flip-flopped, changed their mind, did not notify us,
[01:39:38.040 --> 01:39:43.040]  and it was a non-refundable contract for any down payment.
[01:39:43.040 --> 01:39:45.040]  So we'll pursue that on another line.
[01:39:45.040 --> 01:39:50.040]  But another issue that is part of my personal life is I'm also going through a loan modification,
[01:39:50.040 --> 01:39:54.040]  and I won't take that up intrinsically now.
[01:39:54.040 --> 01:39:56.040]  I'll do it with Randy's program.
[01:39:56.040 --> 01:40:02.040]  But I have a huge 12-acre place here, and I have a 501C3, and I help homeless pets.
[01:40:02.040 --> 01:40:05.040]  They put 5,000 to death in this county.
[01:40:05.040 --> 01:40:06.040]  And they're healthy.
[01:40:06.040 --> 01:40:07.040]  They're beautiful.
[01:40:07.040 --> 01:40:09.040]  They're loved for life.
[01:40:09.040 --> 01:40:11.040]  Our motto is we love them for life.
[01:40:11.040 --> 01:40:12.040]  We're trying to find homes.
[01:40:12.040 --> 01:40:13.040]  We're staying neutered.
[01:40:13.040 --> 01:40:15.040]  We're doing everything legal.
[01:40:15.040 --> 01:40:22.040]  Well, a big, huge, monstrous fascist came to my gate about three months ago and said,
[01:40:22.040 --> 01:40:26.040]  Your dog's almost done giving you a $400 ticket.
[01:40:26.040 --> 01:40:34.040]  And I said, Madam, if you do, I will call the sheriff's department on you because they have harmed no one.
[01:40:34.040 --> 01:40:38.040]  And that is just the neighbors who are saying that have newly moved in.
[01:40:38.040 --> 01:40:40.040]  And I said, the dog's harmed no one.
[01:40:40.040 --> 01:40:41.040]  They went to the pond.
[01:40:41.040 --> 01:40:44.040]  And we've been here for 15 years, and we had no problem.
[01:40:44.040 --> 01:40:45.040]  I called the sheriff on her.
[01:40:45.040 --> 01:40:46.040]  He came out.
[01:40:46.040 --> 01:40:52.040]  But now the sheriff's department, the animal control officers are now sheriffs under their auspices.
[01:40:52.040 --> 01:40:56.040]  So she stood there like Hitler's wife or something.
[01:40:56.040 --> 01:40:57.040]  And I said, back off, lady.
[01:40:57.040 --> 01:40:59.040]  I'm tape recording this.
[01:40:59.040 --> 01:41:03.040]  You write the ticket, and I will pursue a lawsuit.
[01:41:03.040 --> 01:41:06.040]  Well, they dropped the ticket three weeks later.
[01:41:06.040 --> 01:41:08.040]  They didn't put it through the system.
[01:41:08.040 --> 01:41:12.040]  I apologized to the lady and said, I'm sure you're just doing your job.
[01:41:12.040 --> 01:41:14.040]  But let's look at what we're really doing here.
[01:41:14.040 --> 01:41:22.040]  We're helping animals, and we are an IRS 501c3 tax exempt organization since 1998, and blah, blah, blah.
[01:41:22.040 --> 01:41:26.040]  And so the two sheriffs, now there's some really nice sheriffs around here.
[01:41:26.040 --> 01:41:29.040]  They do have more class than I've ever encountered.
[01:41:29.040 --> 01:41:32.040]  I've never been to court in this county at all in 15 years.
[01:41:32.040 --> 01:41:34.040]  I'm trying to be succinct.
[01:41:34.040 --> 01:41:38.040]  But the point is the sheriff's department is now running animal control.
[01:41:38.040 --> 01:41:43.040]  So two men there are really majorly, they're just animal killers.
[01:41:43.040 --> 01:41:44.040]  That's their quota.
[01:41:44.040 --> 01:41:46.040]  That's how they make their bucks.
[01:41:46.040 --> 01:41:47.040]  They get people's animals.
[01:41:47.040 --> 01:41:48.040]  They put them in.
[01:41:48.040 --> 01:41:52.040]  They have to pay $150 to get them out with all these different licenses
[01:41:52.040 --> 01:41:56.040]  and all that neutering the poor males and females.
[01:41:56.040 --> 01:41:57.040]  And that's my opinion.
[01:41:57.040 --> 01:42:01.040]  And you either do it or your dog's put to death.
[01:42:01.040 --> 01:42:02.040]  So it is a quota.
[01:42:02.040 --> 01:42:08.040]  So I called the sheriff's department and talked to the two men in charge of running these women that run around
[01:42:08.040 --> 01:42:12.040]  and men picking up a neighbor's dog if they just get off their property.
[01:42:12.040 --> 01:42:17.040]  And even if they haven't committed a crime or bitten anyone.
[01:42:17.040 --> 01:42:25.040]  So coming to the point, they came out and they said, ma'am, someone reported that there's an odor here.
[01:42:25.040 --> 01:42:26.040]  I said, certainly.
[01:42:26.040 --> 01:42:28.040]  There certainly may be.
[01:42:28.040 --> 01:42:29.040]  I have 31 animals.
[01:42:29.040 --> 01:42:30.040]  I take care of it.
[01:42:30.040 --> 01:42:31.040]  I love them.
[01:42:31.040 --> 01:42:35.040]  I said that I have a professional volunteer who cleans two of them every day,
[01:42:35.040 --> 01:42:38.040]  and that is just someone being vindictive.
[01:42:38.040 --> 01:42:40.040]  Anybody can say anything about anyone.
[01:42:40.040 --> 01:42:45.040]  And he couldn't get me on any violations because the animals are all legal.
[01:42:45.040 --> 01:42:47.040]  And so he turned around.
[01:42:47.040 --> 01:42:50.040]  And because I have an RV, a 98, nice apartment,
[01:42:50.040 --> 01:42:56.040]  just with an old man with cancer living in it who was donating for the animal spay and neutering through his friends,
[01:42:56.040 --> 01:42:58.040]  they reported me to code violation.
[01:42:58.040 --> 01:43:01.040]  Well, code enforcement came out and they said,
[01:43:01.040 --> 01:43:08.040]  do you know that you're not allowed to have anyone live in your camp or on your property in Florida?
[01:43:08.040 --> 01:43:12.040]  Even your relatives can't come here more than 12 days a year.
[01:43:12.040 --> 01:43:16.040]  And lady, I am giving you a – I'm filing a report on you.
[01:43:16.040 --> 01:43:17.040]  I said, who filed it?
[01:43:17.040 --> 01:43:21.040]  And he said the sheriff in charge of animal control.
[01:43:21.040 --> 01:43:24.040]  So it's a vicious, fascist circle.
[01:43:24.040 --> 01:43:29.040]  And so, you know, now the old man moved out a week ago.
[01:43:29.040 --> 01:43:35.040]  And I could pursue this because many thousands of people are homeless in this county and they are going to shelters.
[01:43:35.040 --> 01:43:38.040]  A lot of them are being evicted. A lot of them have no jobs.
[01:43:38.040 --> 01:43:40.040]  Yes, ma'am. Hang on just a minute, Dee.
[01:43:40.040 --> 01:43:43.040]  We're about to go to break.
[01:43:43.040 --> 01:43:45.040]  Hang on, Dee. We're going to break.
[01:43:45.040 --> 01:43:49.040]  All right, folks. This is Rule of Law Radio 512-646-1984.
[01:43:49.040 --> 01:43:52.040]  This is Eddie Craig, Deborah Stevens, Randy Kelton.
[01:43:52.040 --> 01:43:54.040]  Give us a call if you've got any issues.
[01:43:54.040 --> 01:43:56.040]  It is Monday night, traffic night.
[01:43:56.040 --> 01:44:06.040]  We'll be right back after the break.
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[01:45:03.040 --> 01:45:07.040]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:17.040 --> 01:46:26.040]  If you did not have any problems, where are you going to look for one? If you could not wage any battles alone,
[01:46:26.040 --> 01:46:32.040]  what would your purpose have to be done? Such a sentiment of soldier or warrior of love,
[01:46:32.040 --> 01:46:38.040]  scuffling and keeping heat, all they're taking is a misunderstanding.
[01:46:38.040 --> 01:47:06.040]  Somebody calls the police, watching the spots fly.
[01:47:06.040 --> 01:47:09.040]  Okay, folks, we are back. This is Rule of Law Radio.
[01:47:09.040 --> 01:47:13.040]  Okay, Dee, we have a full call board and one segment left.
[01:47:13.040 --> 01:47:16.040]  Is there any question that you've got to ask us?
[01:47:16.040 --> 01:47:22.040]  About the code enforcement in the counties now, people are not allowed to live in their own nice RVs
[01:47:22.040 --> 01:47:24.040]  or have their families...
[01:47:24.040 --> 01:47:28.040]  You need to go read the code they're citing and see exactly what it says.
[01:47:28.040 --> 01:47:35.040]  And if it is attempting to deprive you of the use of your property when it harms no one else,
[01:47:35.040 --> 01:47:39.040]  then you're going to need to file suit to get that changed, whatever it is.
[01:47:39.040 --> 01:47:42.040]  County ordinance, city ordinance, whatever it is.
[01:47:42.040 --> 01:47:48.040]  Dee, listen, you may want to call in tomorrow night to Agenda 21 to talk about those kinds of issues.
[01:47:48.040 --> 01:47:49.040]  They're more familiar with that than we are.
[01:47:49.040 --> 01:47:52.040]  We've got about six callers on the board and we need to kind of go on now.
[01:47:52.040 --> 01:47:54.040]  I want them to have the privilege of being on.
[01:47:54.040 --> 01:47:56.040]  Okay, all right, thanks, Dee.
[01:47:56.040 --> 01:48:00.040]  All right, we're going to go now to Joe in Texas.
[01:48:00.040 --> 01:48:03.040]  All right, Joe, what is your question for us?
[01:48:03.040 --> 01:48:12.040]  Question, I'm now receiving unemployment with the Texas Workforce Commission here in the state of Texas.
[01:48:12.040 --> 01:48:14.040]  And my question is, I don't know how much you know about it,
[01:48:14.040 --> 01:48:19.040]  but isn't this insurance for the people that are unemployed
[01:48:19.040 --> 01:48:24.040]  and you're allowed to receive it as long as they extend the time?
[01:48:24.040 --> 01:48:27.040]  And it seems to me that they have somebody operating here.
[01:48:27.040 --> 01:48:31.040]  There's a building in the state behind the Capitol called the workforce.
[01:48:31.040 --> 01:48:34.040]  And they'll call you up and they called me up the other day and I said,
[01:48:34.040 --> 01:48:39.040]  the reason I quit this job is because I was going to get another job worth $14.50 an hour.
[01:48:39.040 --> 01:48:42.040]  But apparently that job did not materialize.
[01:48:42.040 --> 01:48:47.040]  And then they sent me a letter telling me that I had made a false claim
[01:48:47.040 --> 01:48:52.040]  and they were going to hold my unemployment.
[01:48:52.040 --> 01:48:58.040]  Are they just trying to keep the money away from the people or they made regulations, the rules?
[01:48:58.040 --> 01:49:07.040]  No, what the deal here is is that when you make a claim of you left one job for the purpose of going to another,
[01:49:07.040 --> 01:49:14.040]  then normally people are not going to quit a job in the hand for a job in the bush without something in writing.
[01:49:14.040 --> 01:49:22.040]  So they're playing the odds that because you took a financial risk that a reasonable person would not have taken
[01:49:22.040 --> 01:49:26.040]  that you may be trying to scam extended unemployment out of them.
[01:49:26.040 --> 01:49:32.040]  Not saying that's what you're doing, but that's the impression it gives.
[01:49:32.040 --> 01:49:40.040]  And since that unemployment is a government benefit and you're accepting that benefit,
[01:49:40.040 --> 01:49:46.040]  you're bound by the rules and regulations they use to make it.
[01:49:46.040 --> 01:49:47.040]  Okay.
[01:49:47.040 --> 01:49:50.040]  So the other thing I just have is to appeal it.
[01:49:50.040 --> 01:49:52.040]  Yeah, you have to appeal it.
[01:49:52.040 --> 01:49:58.040]  If I was you, I would talk to the people that you originally got the job offer from
[01:49:58.040 --> 01:50:00.040]  and say that even though the job failed through,
[01:50:00.040 --> 01:50:04.040]  if they would at least supply you something in writing that stated that yes,
[01:50:04.040 --> 01:50:07.040]  the job offer was made on this date at this time,
[01:50:07.040 --> 01:50:11.040]  but due to financial reasons or whatever the reasons,
[01:50:11.040 --> 01:50:16.040]  we were unable to take them in a term of employment.
[01:50:16.040 --> 01:50:17.040]  Okay.
[01:50:17.040 --> 01:50:18.040]  Well, I got that information.
[01:50:18.040 --> 01:50:20.040]  I don't know if they received it when I called them.
[01:50:20.040 --> 01:50:22.040]  But anyway, well, thanks a lot.
[01:50:22.040 --> 01:50:23.040]  Appreciate it.
[01:50:23.040 --> 01:50:24.040]  Okay.
[01:50:23.040 --> 01:50:24.040]  Yes, sir.
[01:50:24.040 --> 01:50:26.040]  You're very welcome.
[01:50:26.040 --> 01:50:27.040]  All right.
[01:50:27.040 --> 01:50:30.040]  Now we have Ronnie in Texas.
[01:50:30.040 --> 01:50:32.040]  Heath and Ronnie, what can we do for you?
[01:50:32.040 --> 01:50:34.040]  I'll try to be as quick as I can.
[01:50:34.040 --> 01:50:35.040]  I got two quick questions.
[01:50:35.040 --> 01:50:39.040]  Going back to the comment you had or the call you had earlier talking about a
[01:50:39.040 --> 01:50:42.040]  justice of the peace operating in a municipal court.
[01:50:42.040 --> 01:50:43.040]  Correct.
[01:50:43.040 --> 01:50:50.040]  Is it typical for a, I guess you would say, county JP to operate a municipal
[01:50:50.040 --> 01:50:54.040]  court if you got a ticket, say, from DPS?
[01:50:54.040 --> 01:50:55.040]  No.
[01:50:55.040 --> 01:50:56.040]  How would I know what type of court?
[01:50:56.040 --> 01:51:00.040]  DPS can send you to whatever magistrate is closest.
[01:51:00.040 --> 01:51:02.040]  That's what the law commands them to do.
[01:51:02.040 --> 01:51:03.040]  Okay.
[01:51:03.040 --> 01:51:07.040]  And in the case of a municipality and a justice of the peace,
[01:51:07.040 --> 01:51:11.040]  their individual courts have concurrent jurisdiction.
[01:51:11.040 --> 01:51:16.040]  If the offense occurred within the county, justice of the peace, no question.
[01:51:16.040 --> 01:51:18.040]  If it occurred within the limits of the city,
[01:51:18.040 --> 01:51:23.040]  it can be either the municipality or the justice of the peace.
[01:51:23.040 --> 01:51:24.040]  Okay.
[01:51:24.040 --> 01:51:25.040]  That answers that question.
[01:51:25.040 --> 01:51:29.040]  Now on some notes I had from coming to one of your classes at Brave New Books,
[01:51:29.040 --> 01:51:33.040]  I have some notes to say that the complaint must make a specific charge.
[01:51:33.040 --> 01:51:38.040]  So within the complaint, do they have to cite actual transportation code section?
[01:51:38.040 --> 01:51:42.040]  In order to make the charge known, reason would say yes.
[01:51:42.040 --> 01:51:43.040]  Okay.
[01:51:43.040 --> 01:51:47.040]  But the courts are saying that they don't have to list all of the elements.
[01:51:47.040 --> 01:51:53.040]  But the law and the Constitution both say you have the right to know the nature and cause.
[01:51:53.040 --> 01:51:58.040]  To me, the implication of that is you have the right to know the specific law
[01:51:58.040 --> 01:52:01.040]  that you're allegedly being charged under,
[01:52:01.040 --> 01:52:06.040]  even if they don't spell out all the elements of that law and what it takes to violate.
[01:52:06.040 --> 01:52:07.040]  Right.
[01:52:07.040 --> 01:52:10.040]  But regardless of what they put in the complaint,
[01:52:10.040 --> 01:52:16.040]  the charging instrument, which is not the complaint, must be specific.
[01:52:16.040 --> 01:52:20.040]  And if it's not or when it doesn't exist,
[01:52:20.040 --> 01:52:27.040]  then either the complaint is invalid or the court lacks jurisdiction
[01:52:27.040 --> 01:52:30.040]  because there is no charging instrument.
[01:52:30.040 --> 01:52:35.040]  So in this particular case, if there is no specific statute cited,
[01:52:35.040 --> 01:52:40.040]  I would file a motion to quash the complaint for non-specificity.
[01:52:40.040 --> 01:52:41.040]  Okay.
[01:52:41.040 --> 01:52:46.040]  They have me set up for a pretrial hearing, I guess, on the 23rd.
[01:52:46.040 --> 01:52:50.040]  File a motion to quash the complaint before then.
[01:52:50.040 --> 01:52:52.040]  Okay.
[01:52:52.040 --> 01:52:56.040]  And do I need to file any type of motion for a ruling on that?
[01:52:56.040 --> 01:52:58.040]  Because I've done this before in traffic court.
[01:52:58.040 --> 01:53:02.040]  When you file a motion, you always set a motion hearing date,
[01:53:02.040 --> 01:53:05.040]  probably before you're required to go to trial.
[01:53:05.040 --> 01:53:10.040]  So you're probably not going to get it before your initial appearance date,
[01:53:10.040 --> 01:53:15.040]  but you should be able to get it on your initial appearance date since you'll be there anyway.
[01:53:15.040 --> 01:53:16.040]  Right.
[01:53:16.040 --> 01:53:20.040]  So try to set it for that day if that's when you have to go in.
[01:53:20.040 --> 01:53:21.040]  Okay.
[01:53:21.040 --> 01:53:22.040]  That sounds like a plan.
[01:53:22.040 --> 01:53:23.040]  I appreciate it.
[01:53:23.040 --> 01:53:25.040]  You're welcome.
[01:53:25.040 --> 01:53:26.040]  All right.
[01:53:26.040 --> 01:53:30.040]  Now we have, well, Tyler in Wyoming dropped off.
[01:53:30.040 --> 01:53:32.040]  Yeah, he did, but he just called back in.
[01:53:32.040 --> 01:53:33.040]  He's at the bottom of the list there.
[01:53:33.040 --> 01:53:34.040]  Oh, okay.
[01:53:34.040 --> 01:53:35.040]  All right.
[01:53:35.040 --> 01:53:36.040]  Where is he at?
[01:53:36.040 --> 01:53:37.040]  He's not on the page yet.
[01:53:37.040 --> 01:53:38.040]  Here, I'll bring him up.
[01:53:38.040 --> 01:53:39.040]  I'll bring him up.
[01:53:39.040 --> 01:53:41.040]  He just needs to refresh.
[01:53:41.040 --> 01:53:42.040]  All right.
[01:53:42.040 --> 01:53:43.040]  Tyler, thanks for calling in.
[01:53:43.040 --> 01:53:45.040]  What's your question tonight?
[01:53:45.040 --> 01:53:46.040]  Thank you.
[01:53:46.040 --> 01:53:47.040]  Thank you for having me on the air.
[01:53:47.040 --> 01:53:48.040]  How are you, Eddie?
[01:53:48.040 --> 01:53:49.040]  Great.
[01:53:49.040 --> 01:53:50.040]  How are you?
[01:53:50.040 --> 01:53:51.040]  Pretty good.
[01:53:51.040 --> 01:53:56.040]  I had a question on a citation, actually, that my dad had received,
[01:53:56.040 --> 01:54:02.040]  and he wanted to go to court and fight it for speeding and safety belt violation.
[01:54:02.040 --> 01:54:08.040]  And I think you might have even answered one of my main questions in that last call over there.
[01:54:08.040 --> 01:54:12.040]  You said you can file a motion to coax complaint for...
[01:54:12.040 --> 01:54:16.040]  If the complaint does not meet the requirements of your Constitution
[01:54:16.040 --> 01:54:22.040]  and your state code regarding what a complaint must have and provide, then absolutely.
[01:54:22.040 --> 01:54:27.040]  Well, I noticed one thing on this ticket, it only gives the, for example, the section number,
[01:54:27.040 --> 01:54:30.040]  like it's got 1101 2H.
[01:54:30.040 --> 01:54:31.040]  Okay.
[01:54:31.040 --> 01:54:36.040]  That's specific enough to tell you what the offense is and where to find it.
[01:54:36.040 --> 01:54:38.040]  No, it isn't, because when I looked on the Internet,
[01:54:38.040 --> 01:54:43.040]  if you just put section 1101 2H in, nothing comes up.
[01:54:43.040 --> 01:54:46.040]  Well, are you talking about when you say on the Internet, are you talking Google
[01:54:46.040 --> 01:54:51.040]  or are you talking on the website for the codes of your state?
[01:54:51.040 --> 01:54:53.040]  In this case, just Google.
[01:54:53.040 --> 01:54:55.040]  Well, that's not how that works.
[01:54:55.040 --> 01:55:00.040]  You need to go find the state codes that are online in your state.
[01:55:00.040 --> 01:55:07.040]  If you go to take any state of the union, www.state, whatever the name of it is,
[01:55:07.040 --> 01:55:17.040]  like texas.gov, G-O-V, that will at least bring you to the initial website for your state government.
[01:55:17.040 --> 01:55:22.040]  Okay. Go through that and find anything dealing with government or legislation
[01:55:22.040 --> 01:55:25.040]  or laws, codes, and statutes and go to that section.
[01:55:25.040 --> 01:55:29.040]  Then do your search in that area.
[01:55:29.040 --> 01:55:31.040]  All right.
[01:55:31.040 --> 01:55:32.040]  Okay, I'll do that.
[01:55:32.040 --> 01:55:37.040]  Now, this had happened in Colorado and he's from Wyoming.
[01:55:37.040 --> 01:55:40.040]  Okay, you're going to want to look at the Colorado statutes.
[01:55:40.040 --> 01:55:42.040]  Exactly.
[01:55:42.040 --> 01:55:46.040]  The main thing I wanted to ask you was, couldn't you file a motion for dismissal
[01:55:46.040 --> 01:55:51.040]  because traffic fines are civil, they told us in Colorado.
[01:55:51.040 --> 01:55:56.040]  Again, it all depends on what each state does in Colorado.
[01:55:56.040 --> 01:56:01.040]  If they're civil, then you have to make the argument for dismissal based on what grounds?
[01:56:01.040 --> 01:56:08.040]  Lack of a contractual agreement to be bound by the civil rules.
[01:56:08.040 --> 01:56:10.040]  Okay.
[01:56:10.040 --> 01:56:14.040]  If it's criminal, then you have to be able to show why that particular statute
[01:56:14.040 --> 01:56:21.040]  never applied to you to begin with or why they have failed to make a criminal issue out of it,
[01:56:21.040 --> 01:56:26.040]  whether it be an invalid complaint or whatever.
[01:56:26.040 --> 01:56:32.040]  What you need to do first, though, is read the statute and see what the specific elements are
[01:56:32.040 --> 01:56:38.040]  and whether or not any of those elements can be shown to not apply in this case
[01:56:38.040 --> 01:56:45.040]  because if they do not apply, any one of them, then the case falls apart.
[01:56:45.040 --> 01:56:46.040]  Right.
[01:56:46.040 --> 01:56:50.040]  Well, that's what I wanted to do is file a dismissal for no cause of action
[01:56:50.040 --> 01:56:55.040]  or lack of cause of action because there's no victim or there's no damage party.
[01:56:55.040 --> 01:56:59.040]  Wait, that's not cause of action, okay?
[01:56:59.040 --> 01:57:02.040]  That's standing, different thing.
[01:57:02.040 --> 01:57:05.040]  You need to read the statute first.
[01:57:05.040 --> 01:57:10.040]  Don't go trying to figure out how to argue what you want until you know what you're arguing.
[01:57:10.040 --> 01:57:11.040]  Okay.
[01:57:11.040 --> 01:57:18.040]  That's what I have trouble putting together, so could you give me a little advice on how to do that?
[01:57:18.040 --> 01:57:19.040]  Okay.
[01:57:19.040 --> 01:57:22.040]  Take speeding in Texas, for instance.
[01:57:22.040 --> 01:57:29.040]  The charge in Texas must be more than you went faster than what's on the sign.
[01:57:29.040 --> 01:57:34.040]  That is not how speeding works in Texas, not if you read the statute.
[01:57:34.040 --> 01:57:42.040]  All that does is create a prima facie implication that the law was broken.
[01:57:42.040 --> 01:57:49.040]  But in order to prove it in court, there are other elements that the case must prove on the record.
[01:57:49.040 --> 01:57:56.040]  And those other elements are that the person did not take into consideration any possible
[01:57:56.040 --> 01:58:03.040]  or existing hazards at the time and that the failure to take those hazards into consideration
[01:58:03.040 --> 01:58:08.040]  resulted in that person hitting and colliding with another person or vehicle
[01:58:08.040 --> 01:58:12.040]  entering the roadway in compliance with law.
[01:58:12.040 --> 01:58:13.040]  Okay.
[01:58:13.040 --> 01:58:18.040]  Until that's done, speeding has not occurred.
[01:58:18.040 --> 01:58:21.040]  And that would have to do with standing?
[01:58:21.040 --> 01:58:25.040]  That would have to do with proving the offense on the record.
[01:58:25.040 --> 01:58:26.040]  Okay.
[01:58:26.040 --> 01:58:29.040]  Okay, listen, Tyler, we're at the end of the show.
[01:58:29.040 --> 01:58:33.040]  Give me an email because we're about, we're done with time.
[01:58:33.040 --> 01:58:35.040]  Folks, sorry if we couldn't get to the rest of you.
[01:58:35.040 --> 01:58:38.040]  Gary, Wesley, sorry about that.
[01:58:38.040 --> 01:58:41.040]  Folks, give us a call back on Thursday.
[01:58:41.040 --> 01:58:44.040]  If you've got anything left you want to talk about from tonight,
[01:58:44.040 --> 01:58:49.040]  this has been Rural Law Radio with Eddie Craig, Deborah Stevens, Randy Kelton.
[01:58:49.040 --> 01:58:53.040]  Thank you all for listening in, and we hope that you have a very good night and a very good week
[01:58:53.040 --> 01:58:56.040]  and hope to see you back here Thursday night.
[01:58:56.040 --> 01:58:59.040]  Thank you.
[01:58:59.040 --> 01:59:06.040]  I'm like a stepping razor, don't you watch my sides, I'm dangerous, dangerous.
[01:59:06.040 --> 01:59:13.040]  I'm like a stepping razor, don't you watch my sides, I'm dangerous, dangerous.
[01:59:13.040 --> 01:59:21.040]  If you are a Chucky, nobody Chucky but me.
[01:59:21.040 --> 01:59:28.040]  If you are a Chucky, Chucky, somebody Chucky but me.
[01:59:28.040 --> 01:59:36.040]  I'm like a stepping razor, don't you watch my sides, I'm dangerous, dangerous.
[01:59:36.040 --> 01:59:43.040]  I'm like a stepping razor, don't you watch my sides, I'm dangerous, dangerous.
[01:59:43.040 --> 01:59:51.040]  If you eat a ball, you better treat me good.
[01:59:51.040 --> 02:00:14.040]  Let's go, you better treat me good.