ROL_2011-04-15_16k_Hr1-2.timecode
[00:10.160 --> 00:15.200] anniversary of the BP disaster that killed 11 workers and spewed 5 million gallons of
[00:15.200 --> 00:17.680] oil into the Gulf of Mexico.
[00:17.680 --> 00:22.960] Diane Wilson, a fourth-generation fisher from Texas, one of several who bought shares in
[00:22.960 --> 00:30.200] BP in order to attend the meeting, was ejected after covering her face with oil-like syrup.
[00:30.200 --> 00:34.760] The Federal Reserve said Wednesday it had taken enforcement action against 10 banks
[00:34.760 --> 00:40.800] over, quote, a pattern of misconduct and negligence related to residential mortgage loans and
[00:40.800 --> 00:41.800] foreclosures.
[00:41.800 --> 00:47.100] The Fed said, quote, these deficiencies represented significant and pervasive compliance failures
[00:47.100 --> 00:49.720] and unsafe and unsound practices.
[00:49.720 --> 00:54.960] The banks include Bank of America, Citigroup and Wells Fargo.
[00:54.960 --> 01:00.200] In Yemen's capital, Sanaa, hundreds of thousands took part in an anti-regime protest Friday
[01:00.200 --> 01:03.400] demanding President Ali Abdullah Saleh's ouster.
[01:03.400 --> 01:08.740] Saleh, in power since 1978, has warned of the breakup of Yemen if he is forced to step
[01:08.740 --> 01:13.920] aside before organizing parliamentary and presidential elections over the next year.
[01:13.920 --> 01:17.700] The opposition says enough is enough.
[01:17.700 --> 01:22.980] As Congress fought over the federal budget last week, the Pentagon quietly issued a report
[01:22.980 --> 01:26.560] entitled A National Strategic Narrative.
[01:26.560 --> 01:32.000] The report, written by two senior members of the Joint Chiefs of Staff under the pseudonym
[01:32.000 --> 01:39.260] Mr. Y, is a takeoff of diplomat George Kennan's 1946 long telegram from Moscow that helped
[01:39.260 --> 01:44.100] set containment as the cornerstone U.S. strategy toward the Soviet Union.
[01:44.100 --> 01:49.800] The narrative argues Americans are overreacting to Islamic extremism, underinvesting in their
[01:49.800 --> 01:54.800] youth, and failing to embrace the sense of competition and opportunity that made America
[01:54.800 --> 01:56.600] a world power.
[01:56.600 --> 02:01.760] Instead of pumping more money into defense, Mr. Y says the U.S. should create, quote,
[02:01.760 --> 02:07.100] a sustainable infrastructure of education, health and social services to provide for
[02:07.100 --> 02:12.040] the continuing development and growth of America's youth.
[02:12.040 --> 02:15.880] The New York Times reported Friday that as the U.S. poured billions of dollars' worth
[02:15.880 --> 02:21.880] of military aid into Arab dictatorships, it spent a paltry sum on organizations allegedly
[02:21.880 --> 02:24.020] promoting democracy.
[02:24.020 --> 02:29.160] Officials claim U.S. democracy-building campaigns played a bigger role in fomenting protests
[02:29.160 --> 02:31.800] than has been previously acknowledged.
[02:31.800 --> 02:36.100] Institutes loosely affiliated with the Republican and Democratic parties are financed through
[02:36.100 --> 02:43.960] the National Endowment for Democracy to train grassroots campaigners abroad in networking
[02:43.960 --> 02:49.640] and organizing skills, but critics say the programs are established to promote U.S. interests,
[02:49.640 --> 02:50.640] not democracy.
[02:50.640 --> 02:57.700] In 2003, whistleblowing former CIA agent Philip Agee named the National Endowment for Democracy
[02:57.700 --> 02:59.160] as a CIA operation.
[02:59.160 --> 03:07.080] For more details on these stories, visit INNWorldRecord.net.
[03:07.080 --> 03:16.800] You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com.
[03:16.800 --> 03:44.800] Have free speech, talk radio at its best.
[03:44.800 --> 04:02.800] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:02.800 --> 04:26.560] All right, bad boys, bad boys.
[04:26.560 --> 04:31.280] What are you going to do when we come for you and the bad girls too?
[04:31.280 --> 04:37.240] This is the rule of law, ruleoflawradio.com.
[04:37.240 --> 04:41.120] Tonight is April 15th, 2011.
[04:41.120 --> 04:42.360] I am Debra Stevens.
[04:42.360 --> 04:47.440] I'm here with my esteemed co-hosts Randy Kelton and Eddie Craig.
[04:47.440 --> 04:50.800] Tonight we have a power packed show for y'all.
[04:50.800 --> 04:54.040] We're probably not going to be taking calls until later in the show.
[04:54.040 --> 04:59.280] I may open the phones earlier on for people who have comments on the topic at hand, but
[04:59.280 --> 05:02.600] we have a lot in store for y'all tonight.
[05:02.600 --> 05:05.840] We've got audio clips from committee hearings.
[05:05.840 --> 05:15.440] Eddie has an audio clip from his meeting with the lead counsel of the Speaker of the House.
[05:15.440 --> 05:17.440] Is that correct, Eddie?
[05:17.440 --> 05:18.440] Yes, that's correct.
[05:18.440 --> 05:22.160] Yes, Chief Legal Counsel, the Speaker of the House, Jesse and Sarah.
[05:22.160 --> 05:28.040] Chief Legal Counsel of the Speaker of the House, I am going to play the committee hearing
[05:28.040 --> 05:35.640] on House Bill 1471, which would up the penalty for official oppression in Texas to either
[05:35.640 --> 05:41.600] a third degree felony or a second degree felony, depending on the degree of bodily harm.
[05:41.600 --> 05:48.840] This is if bodily harm is inflicted in the course of a public servant inflicting official
[05:48.840 --> 05:53.440] oppression, depending on the degree of bodily harm that is inflicted, there would be either
[05:53.440 --> 05:58.040] a, it would either be a third degree or second degree felony charge.
[05:58.040 --> 06:01.840] I am going to play that hearing in its entirety.
[06:01.840 --> 06:07.880] Y'all are going to love this because I'm going to tell you right now, you haven't seen a
[06:07.880 --> 06:15.960] chicken dance until you've seen the criminal jurisprudence committee of the, of the House
[06:15.960 --> 06:20.120] of the State of Texas grill a district attorney.
[06:20.120 --> 06:21.120] Okay.
[06:21.120 --> 06:24.440] So we got a lot in store for y'all tonight at the beginning of the show.
[06:24.440 --> 06:29.920] Right now we do have a very special guest, a very sweet lady that I met at the committee
[06:29.920 --> 06:34.800] hearing on House Bill 1937, which of course is the TSA bill.
[06:34.800 --> 06:39.440] We went over this a couple of weeks ago, right after the hearing.
[06:39.440 --> 06:44.480] And Julie Miller is our guest and she is a sexual assault survivor.
[06:44.480 --> 06:49.760] And she has a lot to say about the TSA and she has done a considerable amount of research.
[06:49.760 --> 06:52.160] She's got some statistics of her own.
[06:52.160 --> 06:59.000] I'm also going to be playing a couple of clips, a couple of testimonies from that committee
[06:59.000 --> 07:00.400] hearing.
[07:00.400 --> 07:05.120] One was given by an attorney who had some very interesting information concerning the
[07:05.120 --> 07:09.600] supremacy clause and why it does not apply to a situation like this.
[07:09.600 --> 07:17.720] And I will also be playing a testimony from the only proponent, excuse me, the only opponent
[07:17.720 --> 07:19.360] of the bill.
[07:19.360 --> 07:22.020] And it was a very telling testimony.
[07:22.020 --> 07:24.960] So we will be getting Julie's take on that as well.
[07:24.960 --> 07:26.400] So Julie Miller, thank you.
[07:26.400 --> 07:27.400] And welcome to the show.
[07:27.400 --> 07:28.400] Hello.
[07:28.400 --> 07:29.400] Thank you for having me.
[07:29.400 --> 07:31.480] It was so good to meet you that night in the committee hearing.
[07:31.480 --> 07:32.480] All right.
[07:32.480 --> 07:37.760] So I'm not going to play your testimony because we have you live with us.
[07:37.760 --> 07:47.680] So if you would please just give us your presentation in an informal radio format here.
[07:47.680 --> 07:51.680] I was very intrigued by the statistics and all the information that you presented to
[07:51.680 --> 07:52.680] the committee.
[07:52.680 --> 07:57.440] So tell us your story and give us your information that you have on the two of them.
[07:57.440 --> 07:58.440] Absolutely.
[07:58.440 --> 08:03.800] Well, first of all, three days ago, on April 12th, the committee actually passed a favorable
[08:03.800 --> 08:05.280] ruling on this bill.
[08:05.280 --> 08:09.720] So we are very excited about that, but of course the original testimony was back on
[08:09.720 --> 08:10.720] March 22nd.
[08:10.720 --> 08:17.320] But I feel like it's a good victory over here, for me at least.
[08:17.320 --> 08:20.160] I'm a survivor of child sexual assault.
[08:20.160 --> 08:26.200] Excuse me, a little nervous, a little nervous speaking about this sort of thing.
[08:26.200 --> 08:34.280] It was many years, I'd say, before I got over the stigma of the humiliation and wanting
[08:34.280 --> 08:40.920] it to be a secret, and it's to the point now that I realize that I'm actually a very common
[08:40.920 --> 08:41.920] statistic.
[08:41.920 --> 08:44.760] There are very many people out there.
[08:44.760 --> 08:52.640] Typically, women are survivors of sexual assault, something like one in every six women, and
[08:52.640 --> 08:55.520] men, it's one in every 33, that's nationally.
[08:55.520 --> 09:01.080] But I also learned from Texas Association Against Sexual Assault that it's more close
[09:01.080 --> 09:04.960] to one in five women in Texas and one in 20 men.
[09:04.960 --> 09:09.800] Now, victims of sexual assault are three times more likely to suffer from depression, four
[09:09.800 --> 09:14.600] times more likely to contemplate suicide, and six times more likely to experience post
[09:14.600 --> 09:16.760] traumatic stress disorder.
[09:16.760 --> 09:23.440] It affects you in this way that can take a lifetime to really, I don't even want to say
[09:23.440 --> 09:27.160] get over it, but learn to cope with and learn to live with.
[09:27.160 --> 09:32.240] For me personally, there was a lot of years of professional care.
[09:32.240 --> 09:37.640] I was actually hospitalized in a mental health facility in patients.
[09:37.640 --> 09:42.600] There is a large stigma still with mental health, and I do realize that there's a lot
[09:42.600 --> 09:48.040] of people who still want to consider it pseudoscience and consider that this is not an illness for
[09:48.040 --> 09:49.040] people.
[09:49.040 --> 09:56.600] But I believe that you can be psychologically and also physiologically very affected by
[09:56.600 --> 09:59.600] these sorts of experiences.
[09:59.600 --> 10:06.040] Now, for those people who don't understand what it would feel like for a sexual assault
[10:06.040 --> 10:12.200] survivor to undergo something like a TSA pat-down or a scan, I often compare it to someone who
[10:12.200 --> 10:13.200] has a phobia.
[10:13.200 --> 10:21.640] Perhaps they're afraid of spiders or heights or darkness or claustrophobic type things.
[10:21.640 --> 10:27.320] The symptoms of the heart palpitations, the inability to breathe, the dizziness, your
[10:27.320 --> 10:32.200] brain is not getting oxygen, the nausea, the trembling.
[10:32.200 --> 10:40.560] Now, for an assault survivor, this can feel like an attack all over again, and the problem
[10:40.560 --> 10:44.800] I have with it is when it's from your government and it's government mandated.
[10:44.800 --> 10:51.680] A TSA pat-down is some strange man or woman running their hands inside your thighs, over
[10:51.680 --> 10:57.640] your groin, under your breasts, the backs of the hands, the fronts of the hands.
[10:57.640 --> 10:58.800] It doesn't matter.
[10:58.800 --> 11:02.040] This can feel like an assault all over again.
[11:02.040 --> 11:07.960] And the same thing with being scanned is you're standing there with your arms open and your
[11:07.960 --> 11:13.080] legs spread and you know that somebody is photographing you basically in the nude.
[11:13.080 --> 11:17.920] Now, in any other situation, either of these sorts of things would be considered sexual
[11:17.920 --> 11:18.920] assault.
[11:18.920 --> 11:23.560] If I go out to eat or to a bar and a man puts his hand on my butt, that's sexual assault,
[11:23.560 --> 11:26.120] but for the TSA, that's okay.
[11:26.120 --> 11:27.800] And same thing with being photographed nude.
[11:27.800 --> 11:34.980] We don't have cameras in the bathroom for these sorts of reasons.
[11:34.980 --> 11:37.520] We have counted on citizen diligence.
[11:37.520 --> 11:44.120] We've counted on the natural course of law up until now, and for the most part it worked.
[11:44.120 --> 11:50.720] But now as this reactionary response to what have been some very traumatic events, I think
[11:50.720 --> 11:57.840] we are just going way too far, way too overboard with the TSA and they need to be reined in.
[11:57.840 --> 12:06.400] Now, another thing that I can attest to is I actually grew up in airports and around
[12:06.400 --> 12:10.160] the airlines a lot because my father was an employee.
[12:10.160 --> 12:19.480] And what has happened is that with the TSA, the TSA has reduced airline traffic and airline
[12:19.480 --> 12:23.840] consumerism even more than 9-11 itself did.
[12:23.840 --> 12:29.080] My father was one of those who at 55 years old lost his job, and he's 55 now and he's
[12:29.080 --> 12:31.880] working nights at the grocery store.
[12:31.880 --> 12:37.000] And the problem I have is that it is demonstrated.
[12:37.000 --> 12:42.920] Actually a recent study by three Cornell professors demonstrated post-9-11 activities by the TSA
[12:42.920 --> 12:48.720] have reduced airline travel in major airports nearly 10% and cost the airlines 1.1 billion.
[12:48.720 --> 12:54.980] Now you may think, oh, that's related to 9-11, but it's actually 11% less than the violence
[12:54.980 --> 12:58.400] on 9-11 did by itself.
[12:58.400 --> 13:07.400] This is in response to the response that the TSA is attacking women, children, all of our
[13:07.400 --> 13:08.760] citizens.
[13:08.760 --> 13:15.560] And the thing about the TSA is, and I'm not making this up, I'm reiterating things that
[13:15.560 --> 13:20.880] a lot of very bright people have reiterated, but it's security theater.
[13:20.880 --> 13:24.240] Security theater, if you're not familiar with it, you need to get online and become familiar
[13:24.240 --> 13:25.320] with it.
[13:25.320 --> 13:31.000] Security theater means the effectiveness of the security is in the actual show and not
[13:31.000 --> 13:32.360] in the results.
[13:32.360 --> 13:33.440] Absolutely.
[13:33.440 --> 13:34.440] And you know what?
[13:34.440 --> 13:41.280] That is a perfect description there, and that's exactly what is going on with the sobriety
[13:41.280 --> 13:42.520] checkpoints.
[13:42.520 --> 13:44.440] It is security theater.
[13:44.440 --> 13:46.600] We discussed this last night.
[13:46.600 --> 13:52.520] I went over my presentation that I made concerning the sobriety checkpoints on Tuesday evening.
[13:52.520 --> 13:57.660] I went over all the statistics and they even admit that it is security theater.
[13:57.660 --> 14:03.080] They don't do any good at all to catch any drunk drivers.
[14:03.080 --> 14:09.240] The statistical rate for catching drunks at these sobriety checkpoints is 0.6% across
[14:09.240 --> 14:10.240] the nation.
[14:10.240 --> 14:14.280] And in fact, they actually keep drunks on the road because people just do U-turns and
[14:14.280 --> 14:19.400] they go around them and they pull resources where the police could be out on the roads
[14:19.400 --> 14:24.680] catching the drunks 11 times more drunks are pulled off the road through roving patrols.
[14:24.680 --> 14:26.480] So yeah, it is security theater.
[14:26.480 --> 14:27.880] Absolutely Julie.
[14:27.880 --> 14:35.240] And to be clear that what the TSA is doing is an assault because it is not with our consent.
[14:35.240 --> 14:40.920] We are being coerced into it because if we don't, we can't travel.
[14:40.920 --> 14:46.360] And so some people would say, well, technically you're consenting by the strictest definition
[14:46.360 --> 14:47.360] of consent.
[14:47.360 --> 14:53.960] Well, yes, I guess people are technically consenting, but they are being coerced into
[14:53.960 --> 14:54.960] consenting.
[14:54.960 --> 14:59.000] It's, you know, could be classified as what's called involuntary consent because some people
[14:59.000 --> 15:00.360] don't really have much of a choice.
[15:00.360 --> 15:03.320] They have to travel for their job or they lose their job and if they lose their job,
[15:03.320 --> 15:04.320] they can't feed their families.
[15:04.320 --> 15:05.320] They go homeless.
[15:05.320 --> 15:06.320] Absolutely.
[15:06.320 --> 15:10.560] And we're, we're talking about how we want people back to work and we want the economy
[15:10.560 --> 15:16.880] rolling again, but we're inhibiting people from getting to work and we're inhibiting
[15:16.880 --> 15:22.240] the ability of these commercial airlines to do the work that they need to do so they can
[15:22.240 --> 15:23.240] employ people.
[15:23.240 --> 15:28.440] And I, I have a really tough time with the people who say, well, it's your choice to
[15:28.440 --> 15:29.440] fly.
[15:29.440 --> 15:34.600] You don't have to, you have other options and that's, that's not practical.
[15:34.600 --> 15:39.520] A lot of the time, very often that's not practical whatsoever.
[15:39.520 --> 15:44.760] The other argument, and I'm very well aware of the arguments, I really am, and I have
[15:44.760 --> 15:50.280] a lot of sympathy for those people who were affected by 9-11 and et cetera, et cetera.
[15:50.280 --> 15:53.960] But the other argument is, hey, if it catches one person, it's a good thing, right?
[15:53.960 --> 15:58.440] If it gets one person off the streets who could have caused harm, caused harm, that's
[15:58.440 --> 15:59.440] a good thing.
[15:59.440 --> 16:05.320] But I have a hard time affecting hundreds and thousands of innocent people in the quest
[16:05.320 --> 16:07.600] to catch maybe one person.
[16:07.600 --> 16:08.800] Well, yes.
[16:08.800 --> 16:13.800] And in the case of the sobriety checkpoints, what ends up happening is that you may catch
[16:13.800 --> 16:20.580] one person, but who knows how many don't get caught because all the resources of the police
[16:20.580 --> 16:23.680] department are being tied up at the checkpoints.
[16:23.680 --> 16:28.780] And not only that, the statistics show that the crime rates for other crimes go up when
[16:28.780 --> 16:33.440] they have these checkpoints because the thieves know that the cops are tied up at the checkpoints.
[16:33.440 --> 16:37.520] And so they go on, on these burglary sprees.
[16:37.520 --> 16:40.520] So yeah, the same can be said for the TSA checkpoints.
[16:40.520 --> 16:47.160] And I can tell you, Deborah, I've been driving down the road and seen, I recall an incident
[16:47.160 --> 16:48.160] visibly.
[16:48.160 --> 16:49.160] Okay, wait a minute.
[16:49.160 --> 16:50.160] Hold on.
[16:50.160 --> 16:51.160] Just hold that thought, Julie.
[16:51.160 --> 16:52.160] We're going to break.
[16:52.160 --> 16:53.160] Absolutely.
[16:53.160 --> 16:54.160] Okay.
[16:54.160 --> 16:55.160] We'll be back with Julie Miller on the other side.
[16:55.160 --> 16:56.160] We're talking about the TSA.
[16:56.160 --> 17:00.800] We'll be right back, folks.
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[19:04.680 --> 19:18.240] All right, folks.
[19:18.240 --> 19:24.280] We are back with a very special guest, Julie Miller, sexual assault survivor.
[19:24.280 --> 19:30.080] She is giving us some statistics on the TSA and how it is security theater just like the
[19:30.080 --> 19:34.000] sobriety checkpoints, the so-called sobriety checkpoints.
[19:34.000 --> 19:35.000] So Julie, please continue.
[19:35.000 --> 19:36.000] Yes, absolutely.
[19:36.000 --> 19:39.160] Like I was going to say, I have had incidents.
[19:39.160 --> 19:45.320] I remember visibly driving with a girlfriend, pull up behind a guy who's obviously intoxicated.
[19:45.320 --> 19:50.720] We pick up our phone, we call 911, the fellow's pulled over, he even has children in his car.
[19:50.720 --> 19:52.920] This man was weaving erratically across three lanes.
[19:52.920 --> 19:58.080] Now what that is, is that's an incident of civil, I can't even speak, citizen diligence,
[19:58.080 --> 20:01.560] diligence is what that is, vigilance even.
[20:01.560 --> 20:09.200] Now when you have a security theater, you are greatly enhanced, I can't even speak,
[20:09.200 --> 20:16.760] I'm so sorry, you are greatly detracting from the citizen vigilance and that has been
[20:16.760 --> 20:20.960] one of our greatest assets in a lot of these sorts of incidents with the 911 whistleblowers
[20:20.960 --> 20:22.960] and all that sort of thing.
[20:22.960 --> 20:29.720] And the other thing I wanted to address is a statement that a gentleman made in the testimony
[20:29.720 --> 20:30.720] of the hearings.
[20:30.720 --> 20:38.600] He said 95% of people will be just fine with what happens in the TSA and 5% of them will
[20:38.600 --> 20:40.520] be affected, will have problems with these.
[20:40.520 --> 20:41.520] Okay?
[20:41.520 --> 20:46.000] Now most people go, oh, 5%, oh, 5%, that's such a small percent and one of the legislators
[20:46.000 --> 20:48.720] even said that, that's such a small percent.
[20:48.720 --> 20:52.640] And another gentleman testified and said that 200,000 people are moving through airports
[20:52.640 --> 20:54.360] every day through a major airport.
[20:54.360 --> 20:59.400] Now 5% of that, I pulled out my calculator, that's 10,000 people, that's 10,000 American
[20:59.400 --> 21:06.480] people that we have offended, affected, harmed, just like I said, in the hunt to root out
[21:06.480 --> 21:08.480] that one person.
[21:08.480 --> 21:10.480] That is completely unacceptable.
[21:10.480 --> 21:11.480] Absolutely.
[21:11.480 --> 21:18.040] And you know what, even if it was just one person, it's still unacceptable because a
[21:18.040 --> 21:23.680] violation of our rights without due process is unacceptable, period.
[21:23.680 --> 21:25.960] I have this feeling I've done nothing wrong.
[21:25.960 --> 21:28.440] I have this feeling I've done nothing wrong.
[21:28.440 --> 21:29.720] I've set nobody off.
[21:29.720 --> 21:31.640] I've made no harm.
[21:31.640 --> 21:37.800] But soon as you are making people feel punished for going about their business and taking
[21:37.800 --> 21:43.920] care of their own selves rather than the other way around, that's what I have a problem with.
[21:43.920 --> 21:48.840] Now, this is inhibiting the road of recovery for sexual assault victims.
[21:48.840 --> 21:52.280] It's inhibiting the road of recovery for the economy.
[21:52.280 --> 21:57.640] And I think this road of recovery should be what we're encouraging in our people and not
[21:57.640 --> 21:58.640] trying to hurt.
[21:58.640 --> 22:05.040] And Julie, not only that, they are inflicting sexual assault on other people as well.
[22:05.040 --> 22:07.840] And it's a psychological damage to everyone.
[22:07.840 --> 22:12.680] There's a video on the internet right now that's blowing up across the internet of six-year-old
[22:12.680 --> 22:13.680] girl getting pricked.
[22:13.680 --> 22:14.680] I don't know if you saw that.
[22:14.680 --> 22:19.200] But the TSA agent is bending down and she's saying, okay, now I'm going to check your
[22:19.200 --> 22:20.200] waistband.
[22:20.200 --> 22:22.800] Now, the backs of my hands are going to go across your body.
[22:22.800 --> 22:26.600] Now, I don't know if you know this, I don't know how many of you have children, but when
[22:26.600 --> 22:30.640] you teach children, you're teaching them a very black and white version of right and
[22:30.640 --> 22:31.640] wrong.
[22:31.640 --> 22:34.800] You teach them don't let someone tell you in the areas that your swimsuit covers.
[22:34.800 --> 22:36.760] Don't get in the car with strangers.
[22:36.760 --> 22:38.160] Don't talk to strangers.
[22:38.160 --> 22:41.360] Don't ever open the door for anyone no matter what they say.
[22:41.360 --> 22:44.520] That's what we need to teach our children because their cognition can't handle beyond
[22:44.520 --> 22:45.520] that.
[22:45.520 --> 22:51.200] When you have a child, especially one who has been molested, they don't understand that.
[22:51.200 --> 22:53.800] They don't know what's going on.
[22:53.800 --> 22:59.200] The mentally ill, the mentally retarded, the handicapped don't understand what's going
[22:59.200 --> 23:00.200] on.
[23:00.200 --> 23:06.420] And we are harming them for no reason because possibly a six-year-old from Austin, Texas
[23:06.420 --> 23:08.200] might want to blow up a plane.
[23:08.200 --> 23:13.520] Well, and Julie, and the thing is, even intelligent people don't understand what's going on.
[23:13.520 --> 23:19.280] I mean, even people who have their full capacity and their faculties don't understand what's
[23:19.280 --> 23:20.280] going on.
[23:20.280 --> 23:25.480] I can't understand why they are doing this to people when there is no probable cause.
[23:25.480 --> 23:29.400] The only possible reason is to condition and dumb down the public.
[23:29.400 --> 23:30.400] Yes.
[23:30.400 --> 23:36.760] Some intelligent people do understand what's going on.
[23:36.760 --> 23:38.720] And that makes it even more offensive.
[23:38.720 --> 23:39.720] Yeah.
[23:39.720 --> 23:41.720] Well, the ones who are running it absolutely do.
[23:41.720 --> 23:48.640] The things the government is purporting to try to protect us from are the attacks the
[23:48.640 --> 23:52.160] government did themselves.
[23:52.160 --> 23:53.440] Absolutely.
[23:53.440 --> 23:55.800] It's not the terrorists we have to be afraid of.
[23:55.800 --> 23:56.800] It's our own government.
[23:56.800 --> 23:57.800] Absolutely.
[23:57.800 --> 24:00.320] So maybe we should be patting down TSA.
[24:00.320 --> 24:01.320] It's called the false flag.
[24:01.320 --> 24:05.800] And if you want to know why they're getting away with it, it's because our legislators
[24:05.800 --> 24:10.560] allow them to get away with it until somebody puts a bill like this on the books to prevent
[24:10.560 --> 24:11.880] it.
[24:11.880 --> 24:15.640] All we heard the entire time we were down there at the hearings at the committee was,
[24:15.640 --> 24:17.560] well, we need more tools for this.
[24:17.560 --> 24:19.160] We need more tools for that.
[24:19.160 --> 24:25.120] Not one committee member up there ever said, and when do the tools we give you become so
[24:25.120 --> 24:28.560] ineffective that we can quit violating the rights of the people in order to give them
[24:28.560 --> 24:29.800] to you?
[24:29.800 --> 24:30.800] Nobody asked that question.
[24:30.800 --> 24:31.800] Right.
[24:31.800 --> 24:32.800] They don't care.
[24:32.800 --> 24:37.560] Well, the chairman of the committee did say, did tell that one police officer on Tuesday
[24:37.560 --> 24:42.400] night that, uh, you know, we've given you guys a lot of tools and it looks like it that
[24:42.400 --> 24:46.560] y'all aren't doing very much with it because the statistics of drunk driving keep going
[24:46.560 --> 24:47.840] up in Texas.
[24:47.840 --> 24:52.920] And so he basically told the cops and mad, uh, they gave him notice that they probably
[24:52.920 --> 24:56.520] were not going to pass that bill, which was, I thought very good.
[24:56.520 --> 25:01.640] And the committee chairman also told everyone in the hearing that night that, uh, it would
[25:01.640 --> 25:07.880] be inconsistent for them to pass the TSA bill, but then turn around and then also pass the
[25:07.880 --> 25:09.080] sobriety checkpoint bill.
[25:09.080 --> 25:10.640] It doesn't make any sense.
[25:10.640 --> 25:13.100] So they basically took, put everyone on notice.
[25:13.100 --> 25:16.080] Don't expect the sobriety checkpoint thing to go through.
[25:16.080 --> 25:21.840] The representative that bought it, that brought in house bill four 39, the checkpoint bill,
[25:21.840 --> 25:25.240] we actually should have stayed to listen to the last of his presentation.
[25:25.240 --> 25:31.320] It is on the tape, but man, this is the most constitutionally inept attorney.
[25:31.320 --> 25:33.080] I've ever seen in my life.
[25:33.080 --> 25:34.600] He looked like a used car salesman.
[25:34.600 --> 25:40.440] I know he sat right there and told the committee members, the constitution does not forbid
[25:40.440 --> 25:44.520] warrantless searches that are, that aren't unreasonable.
[25:44.520 --> 25:46.560] He doesn't even read.
[25:46.560 --> 25:47.560] I think it does.
[25:47.560 --> 25:51.840] Now, now I may not be up on my constitution, but I do believe that there's an amendment
[25:51.840 --> 25:55.840] in there against, against unfounded search and seizure.
[25:55.840 --> 25:56.840] Uh, yeah, it is.
[25:56.840 --> 26:07.000] We do a show on legal reform and we are up on the constitution and it absolutely does
[26:07.000 --> 26:08.000] forbid warrantless searches.
[26:08.000 --> 26:13.000] I apologize if my sarcasm does not come across.
[26:13.000 --> 26:17.760] Well the thing is, is this guy completely mischaracterized what the Texas constitution
[26:17.760 --> 26:18.760] says.
[26:18.760 --> 26:25.400] He says it doesn't prohibit, prohibit warrantless seizures that aren't unreasonable.
[26:25.400 --> 26:28.240] And I'm like, that's exactly what it prohibits.
[26:28.240 --> 26:32.880] It says every search and seizure without a warrant is unreasonable.
[26:32.880 --> 26:33.880] You retard.
[26:33.880 --> 26:34.880] Yeah.
[26:34.880 --> 26:40.440] And the, and the, the, the lawful qualification for whether it's reasonable or not is whether
[26:40.440 --> 26:42.600] or not there's probable cause.
[26:42.600 --> 26:47.780] And there has to be an oath or affirmation supporting the probable cause too.
[26:47.780 --> 26:48.780] So absolutely.
[26:48.780 --> 26:53.160] Uh, so Julie, did you, uh, what, what else do you have for us tonight?
[26:53.160 --> 26:56.000] And after that, we're going to start playing some clips for you to comment on.
[26:56.000 --> 26:59.280] That's, that's pretty much what I have as far as statistics.
[26:59.280 --> 27:07.000] I, you know, I'm, I'm afraid I can't even articulate some of the time what, what people
[27:07.000 --> 27:09.560] have to go through on their daily basis.
[27:09.560 --> 27:16.760] And we need to understand if even if you completely lack the perspective to understand or empathize
[27:16.760 --> 27:22.520] whatsoever, what a citizen like myself might have to go through.
[27:22.520 --> 27:27.240] You at least have to be able to grant them their, their constitutional rights.
[27:27.240 --> 27:28.240] Right.
[27:28.240 --> 27:33.480] Well, and the thing is, there are rights no matter what, and we don't derive our rights
[27:33.480 --> 27:35.120] from piece of paper anyway.
[27:35.120 --> 27:38.480] They're just enumerated and written down on that piece of paper.
[27:38.480 --> 27:46.520] Now, uh, many people testified that night that of course, what is freedom worth?
[27:46.520 --> 27:50.200] If we have to submit ourselves to this, it's not freedom they'd rather, you know, they'd
[27:50.200 --> 27:55.480] rather die for their freedom, uh, and take the risk of being blown up on the plane than
[27:55.480 --> 27:57.260] to have the rights violated.
[27:57.260 --> 27:58.720] And someone disagreed with that.
[27:58.720 --> 27:59.720] Go ahead, Julie.
[27:59.720 --> 28:00.720] I actually disagree.
[28:00.720 --> 28:06.360] I do not believe that that that pulling back on the TSA's authority will cause us to be
[28:06.360 --> 28:07.360] blown up.
[28:07.360 --> 28:08.360] No, absolutely.
[28:08.360 --> 28:09.360] It will not.
[28:09.360 --> 28:16.120] And in fact, the statistics have shown that you are more likely to be struck by lightning
[28:16.120 --> 28:19.760] than to die in a so-called terrorist attack.
[28:19.760 --> 28:25.400] I'm far more afraid of the drivers on these roads around here than whoever's in the air.
[28:25.400 --> 28:26.400] Exactly.
[28:26.400 --> 28:27.400] It's, it's ridiculous.
[28:27.400 --> 28:32.040] Plus the, the crotch bomber was, uh, didn't have a passport, didn't have any ID and he
[28:32.040 --> 28:36.560] was helped on board by some government agent that is in mainstream media.
[28:36.560 --> 28:39.600] Nor would he have been caught by a scanner.
[28:39.600 --> 28:41.480] No way, no way, no way.
[28:41.480 --> 28:42.480] Right.
[28:42.480 --> 28:43.480] So, okay.
[28:43.480 --> 28:46.920] Uh, guys, any more comments before I play this clip?
[28:46.920 --> 28:48.880] Nah, go ahead.
[28:48.880 --> 28:49.880] I'm renting off the air.
[28:49.880 --> 28:52.040] There is this one.
[28:52.040 --> 28:54.560] Do we have time for it to finish at this second?
[28:54.560 --> 28:58.000] We're going to skip this break and then I need to play the, I need to play the clip
[28:58.000 --> 28:59.360] so that we have enough time.
[28:59.360 --> 29:06.160] One thing I would like to comment on is your, is the reference to the citizen's vigilance.
[29:06.160 --> 29:07.160] Yes.
[29:07.160 --> 29:10.080] That was very poignant and exactly right.
[29:10.080 --> 29:18.560] Now, now I'm from Minneapolis, the home of Colleen Rowley and, and we can tell you where
[29:18.560 --> 29:25.480] I'm from, that citizen's vigilance and, and what you have coming out of everyday people
[29:25.480 --> 29:32.540] every day is, is people doing their job, people, people loving their country, people fighting
[29:32.540 --> 29:37.320] for their safety, and it's not people standing there in uniform and rubber gloves rubbing
[29:37.320 --> 29:38.320] your legs.
[29:38.320 --> 29:39.640] Absolutely not.
[29:39.640 --> 29:44.600] And Julie, one quote that I wanted to quote from you that you said at the hearing, you
[29:44.600 --> 29:49.840] said, I don't think that there's, I don't ever think that there's nothing we can, that
[29:49.840 --> 29:50.840] we can do.
[29:50.840 --> 29:51.840] I loved that.
[29:51.840 --> 29:52.840] Thank you.
[29:52.840 --> 29:55.120] Don't ever, don't ever think that there's nothing you can do.
[29:55.120 --> 29:58.640] We can always do something and you never know how much of an impact you're going to have
[29:58.640 --> 29:59.640] as one individual.
[29:59.640 --> 30:00.640] Thank you.
[30:00.640 --> 30:01.640] Okay.
[30:01.640 --> 30:07.660] So with that segue, we're going to play the testimony now from a woman named Judith.
[30:07.660 --> 30:13.360] She was opposed to the bill and I talked to some folks who talked to her afterwards and
[30:13.360 --> 30:20.520] they told me that she is actually a very nice lady, but unfortunately she is very ill informed.
[30:20.520 --> 30:22.140] She's misinformed.
[30:22.140 --> 30:25.920] She just wants to be able to travel safely just like all the rest of us.
[30:25.920 --> 30:32.260] But unfortunately it would appear that she has succumbed to the fear mongering propaganda
[30:32.260 --> 30:35.000] of the mainstream media, which is unfortunate.
[30:35.000 --> 30:43.140] Now what is fortunate, however, is that out of several dozen people that went to testify
[30:43.140 --> 30:47.240] for this bill, who went to testify on the bill, she was the only one who was against
[30:47.240 --> 30:48.240] it.
[30:48.240 --> 30:52.880] So I would like to think that this represents statistics across the country that there's
[30:52.880 --> 31:00.440] not very many people who basically have been, you know, brainwashed into believing the lie
[31:00.440 --> 31:01.720] the way this woman is.
[31:01.720 --> 31:07.360] But just, I want folks to realize that what, what we are up against with some people.
[31:07.360 --> 31:09.800] So without further ado, here is the clip.
[31:09.800 --> 31:12.280] Hold just a second.
[31:12.280 --> 31:18.360] If the, apparently whoever this woman was listens to us, yes, and she does.
[31:18.360 --> 31:23.080] So if you're out there and we couldn't locate, yes, I did want to say that I was going to
[31:23.080 --> 31:26.360] mention that after I played the clip, I just didn't want to run out of time before the
[31:26.360 --> 31:27.360] break.
[31:27.360 --> 31:28.960] The next break hits, but that's okay.
[31:28.960 --> 31:34.000] Yeah, actually she did hear the PSA and she did go down to the committee hearing because
[31:34.000 --> 31:36.920] of the PSA that was running on the local radio station.
[31:36.920 --> 31:42.240] And I did want to make that, uh, that note that we did try to get in contact with her,
[31:42.240 --> 31:47.200] uh, to bring her on the show because we don't like to, uh, talk about people without them
[31:47.200 --> 31:52.240] being on the air to defend themselves or to make comments or, or speak for themselves.
[31:52.240 --> 31:55.720] So Judith, we did try to, uh, get your contact information.
[31:55.720 --> 31:57.560] I was not able to.
[31:57.560 --> 32:00.680] And so if you're out there listening right now, or if you hear this archive, some of
[32:00.680 --> 32:04.840] the point in time, you're welcome to call in right here is Judith's testimony.
[32:04.840 --> 32:26.240] Um, I think it's good morning.
[32:26.240 --> 32:27.600] Thank you for letting me speak.
[32:27.600 --> 32:31.000] I assure you, I didn't start off my day to do this.
[32:31.000 --> 32:34.880] I was, uh, leaving my doctor's appointment and going to yoga.
[32:34.880 --> 32:37.400] So I apologize for my yoga attire.
[32:37.400 --> 32:41.800] You can look at me from here up and listen to my words and not think I'm being casual
[32:41.800 --> 32:42.800] and coming here.
[32:42.800 --> 32:43.800] I give you my word.
[32:43.800 --> 32:45.800] I take this very seriously.
[32:45.800 --> 32:51.960] Um, I heard a lady on the talk radio saying, we need to go down there and get those TSA
[32:51.960 --> 32:52.960] guys.
[32:52.960 --> 32:54.960] They're groping everybody and get rid of them.
[32:54.960 --> 32:58.280] Well, I, I probably in the wrong audience.
[32:58.280 --> 33:02.080] I know I've been getting a lot of bad stairs and a lot of whispers because I'm here on
[33:02.080 --> 33:03.880] the other side.
[33:03.880 --> 33:10.480] I didn't know about this, but let me tell you, I'm opposed to this bill and I have another
[33:10.480 --> 33:14.960] concern about the committee after this is over about whether you're listening to all
[33:14.960 --> 33:20.640] of us because I'm the only one here other than the man that the constitutional person
[33:20.640 --> 33:24.440] and I don't have any initials or titles behind my name.
[33:24.440 --> 33:25.760] I'm not represented by anybody.
[33:25.760 --> 33:28.200] I'm here for myself.
[33:28.200 --> 33:36.080] My name is Judith Gelshaw and I'm a citizen of Texas and I can square off with ancestors
[33:36.080 --> 33:38.920] and go back and double duke it down with any of you.
[33:38.920 --> 33:40.400] I don't think we're here for that.
[33:40.400 --> 33:46.000] I can quote Ben Franklin and I'm a history major minor and I've got advanced work in
[33:46.000 --> 33:48.380] education and I'm not here to quote any of that.
[33:48.380 --> 33:50.800] I don't think any of that matters.
[33:50.800 --> 33:56.800] What I'm here to say is that I'm very sorry for the ladies and the gentlemen in the audience
[33:56.800 --> 34:02.160] that have been groped inappropriately, but I travel a lot.
[34:02.160 --> 34:07.520] I'm a retired school teacher and my husband and I have saved up.
[34:07.520 --> 34:09.360] We volunteer in the community.
[34:09.360 --> 34:12.000] We paid off our home.
[34:12.000 --> 34:17.280] We decided a few years ago to retire and we were going to live a life of we were going
[34:17.280 --> 34:20.800] to leave money to our kids and do things, but we were going to travel.
[34:20.800 --> 34:24.640] Well I'm here to tell you we are traveling and we're having a good time, but we're not
[34:24.640 --> 34:28.480] having a real good time the last couple of years because as you know it's getting riskier
[34:28.480 --> 34:34.720] and riskier and our last trip to the Mediterranean in November was just scary.
[34:34.720 --> 34:40.480] It was really frightening because the labor deals in France and then they blew up Istanbul
[34:40.480 --> 34:45.200] when we were in Ephesus and then when we were in Santorini we read the USA Today and they
[34:45.200 --> 34:49.880] said you now have to worry when you're on the airplane because they're not looking at
[34:49.880 --> 34:52.280] the freight.
[34:52.280 --> 34:58.760] So I'm composing a letter to my kids that the tatters maybe will be found in the ocean
[34:58.760 --> 35:00.840] if we don't make it back.
[35:00.840 --> 35:07.000] So my fear is that there are probably some overzealous people with TSA.
[35:07.000 --> 35:10.280] There's probably a steep learning curve.
[35:10.280 --> 35:11.700] Perhaps there are some.
[35:11.700 --> 35:13.640] I have been maybe fortunate.
[35:13.640 --> 35:16.320] I have not been groped inappropriately.
[35:16.320 --> 35:19.240] I have been singled out to step over and get wanded.
[35:19.240 --> 35:23.360] I have had hands run over part of my body.
[35:23.360 --> 35:29.340] My feeling about all this is while I don't like it, I don't like the idea of being blown
[35:29.340 --> 35:35.640] to smithereens either and while these gentlemen and ladies want to protect their children,
[35:35.640 --> 35:42.520] I want to protect my children and my grandchildren too and maybe I'm the only one here representing
[35:42.520 --> 35:48.440] this because all my friends that are retired, a lot of them, we didn't even know about this.
[35:48.440 --> 35:49.880] I just heard it on the radio.
[35:49.880 --> 35:54.280] I just got back from spring break with my grandchildren and my husband.
[35:54.280 --> 35:59.680] So I'm all fat and happy driving home from the doctor which by the way, that appointment
[35:59.680 --> 36:04.180] was for my two year physical and that included a gynecological exam.
[36:04.180 --> 36:07.460] Now do I think my doctor was groping me?
[36:07.460 --> 36:14.120] I think I can tell when I'm being groped or what the purpose is that I'm being somewhere.
[36:14.120 --> 36:15.760] I didn't like that.
[36:15.760 --> 36:17.240] I don't like to go for that exam.
[36:17.240 --> 36:20.760] I don't think any of the ladies here like to go for that and I doubt a few gentlemen
[36:20.760 --> 36:26.520] that have prostate exams like that either but it's for health and safety and I think
[36:26.520 --> 36:33.880] we're overlooking health and safety of people traveling and I'm just saying that and I hear
[36:33.880 --> 36:39.700] in Snickers and you're entitled to your opinion but I deserve my opinion to say it now so
[36:39.700 --> 36:45.280] I'm going to say it whether I'm the only bull in the ring in the stadium of matadors here
[36:45.280 --> 36:46.840] wanting to stick things all over.
[36:46.840 --> 36:47.840] I don't really care.
[36:47.840 --> 36:51.280] I'm old and that's something you get when you get old.
[36:51.280 --> 36:54.240] You just don't give a rip about what anybody thinks about you.
[36:54.240 --> 36:55.240] So here I am.
[36:55.240 --> 37:01.640] What I'm going to say is that we have laws about the pilots on the planes.
[37:01.640 --> 37:04.940] They can't fly so many hours because we want them safe.
[37:04.940 --> 37:06.500] We have laws about the food.
[37:06.500 --> 37:09.040] What temperature should it be cooked at on the airline?
[37:09.040 --> 37:12.600] We have laws about what size our bus has to be to fit the seats.
[37:12.600 --> 37:14.980] We have laws about everything.
[37:14.980 --> 37:16.720] What good is that?
[37:16.720 --> 37:22.360] All of these laws if we get blown out of the sky by some fruitcake that thinks that's his
[37:22.360 --> 37:24.280] right to do so.
[37:24.280 --> 37:28.400] Now yes, I don't like being touched all over.
[37:28.400 --> 37:29.720] I don't like it.
[37:29.720 --> 37:34.720] I don't like going for a physical exam, gyrologically either but I put all these things in the same
[37:34.720 --> 37:37.280] category as having a migraine headache.
[37:37.280 --> 37:40.080] You get over it and you go on.
[37:40.080 --> 37:44.240] Now maybe we need to do some sensitivity training with these guys, these women, whatever.
[37:44.240 --> 37:46.840] I don't have a relative that is one.
[37:46.840 --> 37:52.300] I don't really care except I got really excited about that when I heard that they may want
[37:52.300 --> 37:53.300] to throw them out.
[37:53.300 --> 37:56.840] Let's don't throw out the baby with the bath water.
[37:56.840 --> 38:01.640] I don't know about you but the lady is saying it's scary and this and all that.
[38:01.640 --> 38:02.640] Yeah, it's scary.
[38:02.640 --> 38:06.640] What do you think about those people over in Lockerney, Scotland?
[38:06.640 --> 38:11.120] You think that was scary being blown out of the sky at 50,000 feet in the air or however
[38:11.120 --> 38:13.760] many thousand feet there are?
[38:13.760 --> 38:17.920] And yes, in Iraq they have women now patting down other women because they've realized
[38:17.920 --> 38:23.120] hello, not everybody that's going to kill you with these kind of ways is going to do
[38:23.120 --> 38:28.060] it with a turban on and being a male 25 to 40.
[38:28.060 --> 38:30.000] Now women are blowing up everyone.
[38:30.000 --> 38:31.000] We all know that.
[38:31.000 --> 38:32.000] We hear the news.
[38:32.000 --> 38:33.800] They're women bombers.
[38:33.800 --> 38:35.640] There were children that did this in Vietnam.
[38:35.640 --> 38:37.380] My husband is a Vietnam vet.
[38:37.380 --> 38:40.360] He told me about them getting coked to the GIs.
[38:40.360 --> 38:42.120] The kids did it.
[38:42.120 --> 38:43.840] These people want to kill us.
[38:43.840 --> 38:44.840] Okay?
[38:44.840 --> 38:45.840] That's their job.
[38:45.840 --> 38:49.440] My job is to stay alive and I think my job is to have fun too.
[38:49.440 --> 38:50.440] I volunteer.
[38:50.440 --> 38:56.880] I pay my taxes and I'm just here to tell you that scary can be being blown up.
[38:56.880 --> 38:57.880] Okay?
[38:57.880 --> 38:59.400] Scary being hands run over me.
[38:59.400 --> 39:00.400] Okay?
[39:00.400 --> 39:05.040] I can go to a psychiatrist or shrink and talk about it but when I'm blown up, I'm dead.
[39:05.040 --> 39:12.000] I don't get another chance to go talk to someone about it and maybe your question was did this
[39:12.000 --> 39:13.000] happen in other airports?
[39:13.000 --> 39:17.920] Maybe it occurs to some of you that maybe these things don't happen in other airports
[39:17.920 --> 39:21.840] in the world because those people don't just get asked to go to another room and get patted
[39:21.840 --> 39:22.840] down.
[39:22.840 --> 39:26.400] They probably get their butts hauled off to prison somewhere and they disappear.
[39:26.400 --> 39:33.280] Now I'm just saying I'm getting revved up about this because I'm a grandmother wearing
[39:33.280 --> 39:34.280] a yoga outfit.
[39:34.280 --> 39:38.600] I'm hearing it for you and I've already apologized for you for that but these people that want
[39:38.600 --> 39:42.120] to kill us, they're going to come out and it's probably going to be someone like me
[39:42.120 --> 39:46.960] as a grandmother dressed in a yoga outfit because they know that we know that we're
[39:46.960 --> 39:52.880] looking for guys 15 to whatever, 25 or 45 that we're in a turbine.
[39:52.880 --> 39:53.880] Come on.
[39:53.880 --> 40:00.480] I can quote Ben Franklin in the Revolutionary War and yeah, they fought it with muskets
[40:00.480 --> 40:01.480] and red uniforms.
[40:01.480 --> 40:02.480] Hello?
[40:02.480 --> 40:04.400] Today they don't do that.
[40:04.400 --> 40:05.400] They use chemicals.
[40:05.400 --> 40:11.200] They use little lotion bottles and they think they're miserable to travel but guess what?
[40:11.200 --> 40:16.400] That's the world the way it is and I suggest instead of all this anger at these people
[40:16.400 --> 40:21.320] who probably are just doing their job, some of them are maybe overly aggressive and need
[40:21.320 --> 40:29.120] to be retrained but my feeling is they're just probably doing their job and if you don't
[40:29.120 --> 40:34.360] like it, then you should complain and you should get their ID number and you should
[40:34.360 --> 40:39.720] maybe come and complain to your legislators but you have a plan for what's plan B and
[40:39.720 --> 40:43.560] while I'm at it, before I leave, I will say this.
[40:43.560 --> 40:50.640] I am a little disappointed because I feel that legislators ought to be open minded and
[40:50.640 --> 40:56.580] while I came down here because I was appalled at the idea that we would throw out whatever
[40:56.580 --> 41:04.560] protection is built in to traveling to the public, after I hear all these people applauding
[41:04.560 --> 41:10.360] and clapping and hearing that you all have signed on for all this, my question to you
[41:10.360 --> 41:14.040] is are you having an open mind or have you already all decided this?
[41:14.040 --> 41:17.920] Is this just an exercise in futility?
[41:17.920 --> 41:20.400] There are other people that think like I do.
[41:20.400 --> 41:25.120] If I had been at spring break with my grandkids, maybe I would have been calling all my friends,
[41:25.120 --> 41:29.040] members of AARP, members of this and that and whatever and ask them to get down here
[41:29.040 --> 41:35.600] and let's get some other points of view here because apparently there's something else
[41:35.600 --> 41:36.960] going on here.
[41:36.960 --> 41:42.360] I mean I'm getting a feeling that, I hear people whisper this is the first step, I don't
[41:42.360 --> 41:46.000] give a rip about Democrats and Republicans.
[41:46.000 --> 41:48.960] Yes, I'm an independent and I vote.
[41:48.960 --> 41:55.080] I vote every time and I'm for sure going to be watching what happens because you all have
[41:55.080 --> 42:02.760] an obligation to listen to all of us and I'm counting on you listening to all of us.
[42:02.760 --> 42:07.280] Now if you have any questions, I don't know that I can answer them but I'll be glad to
[42:07.280 --> 42:11.080] but I doubt if anybody has a question for me but thank you, thank you very much for
[42:11.080 --> 42:18.060] listening to us and I appreciate truly your hanging in there till this late at night because
[42:18.060 --> 42:20.240] I can just sleep late tomorrow morning.
[42:20.240 --> 42:25.320] I won't, I'll be up in the after gym again but you guys will so thank you very much.
[42:25.320 --> 42:29.960] Miss Shaw, thank you for your testimony and thank you for being here and I will certainly
[42:29.960 --> 42:33.120] admit to you that you do not fit the profile.
[42:33.120 --> 42:36.880] I hope not, my grandchildren would be very appalled.
[42:36.880 --> 42:41.320] Thank you so much for being here.
[42:41.320 --> 42:49.600] Okay folks, so that is her, Judith Shaw and like I said, we did try to get her contact
[42:49.600 --> 42:55.880] information because we're not into, you know, playing clips of people and talking about
[42:55.880 --> 43:00.680] them when they are not here on the air to speak for themselves but I was not able to
[43:00.680 --> 43:02.560] get her contact information.
[43:02.560 --> 43:07.640] I do have the phones open for Judith Shaw only at this point in time if she chooses
[43:07.640 --> 43:16.360] to call in and like I said, hearing this testimony made me very sad because it shows that some,
[43:16.360 --> 43:22.640] how some people are just not informed and, but at the same time, it made me more inspired
[43:22.640 --> 43:27.520] to continue to do what I do because the more we can inform people, the more we can get
[43:27.520 --> 43:33.880] them to understand what's really going on here and let me, let me make a quick comment.
[43:33.880 --> 43:36.280] Okay and then I want Julie to comment.
[43:36.280 --> 43:44.160] Okay, we may not agree with her but that was a nice compelling presentation.
[43:44.160 --> 43:50.200] I have to give her credit, it was nicely done, that's it.
[43:50.200 --> 43:59.040] Right, well it was certainly very telling, it certainly was very insightful to hear the
[43:59.040 --> 44:06.620] point of view of somebody who is not informed so that we can, so that we know what we're
[44:06.620 --> 44:13.840] up against, so that we'll try to understand their psychology so that we can get them informed
[44:13.840 --> 44:18.640] so that they will understand who the real enemy and what it is that we really need to
[44:18.640 --> 44:20.160] be afraid of.
[44:20.160 --> 44:25.520] So that part was at least informative, I would say.
[44:25.520 --> 44:28.280] Julie, what are your comments?
[44:28.280 --> 44:33.900] Well, you know what, hearing that for the second time now, I realized I actually agreed
[44:33.900 --> 44:36.000] with her more than I thought I did.
[44:36.000 --> 44:40.360] She said, if you don't like it, you can go complain to your legislators and darn it,
[44:40.360 --> 44:41.360] that's what I did.
[44:41.360 --> 44:47.800] She said, but have a plan B. And our plan B is to rely on citizen diligence, our plan
[44:47.800 --> 44:54.320] B is some of the tools, like perhaps bomb-sniffing dogs that we have that are non-invasive and
[44:54.320 --> 45:01.200] cost $7,000 apiece, our plan B is to allow people freedoms and liberties.
[45:01.200 --> 45:09.480] She said a couple things in there that angered me, that made me sad, just like you said.
[45:09.480 --> 45:13.360] The main thing she said is, I think she was misinformed as to the purpose of this bill.
[45:13.360 --> 45:17.880] She said the point of the bill was to throw out the TSA, and that is not true.
[45:17.880 --> 45:23.720] The point of the bill was to withdraw their power to the degree that they cannot sexually
[45:23.720 --> 45:26.320] assault us anymore.
[45:26.320 --> 45:31.360] She said, if I have a problem with it, and I believe she was calling me out at that point,
[45:31.360 --> 45:35.240] when she said to that lady who says she's so afraid, she said I could go to a shrink
[45:35.240 --> 45:37.800] and I could talk about it.
[45:37.800 --> 45:42.840] And you know, it's to the point where I'd be surprised if that was the first time I
[45:42.840 --> 45:44.840] heard that.
[45:44.840 --> 45:49.840] The stigma that comes with those who are sexually assaulted, as well as those who are mentally
[45:49.840 --> 45:57.840] affected by it, it's the reason we have rape shield laws, it's the reason that psychological
[45:57.840 --> 46:01.680] records are not available to the public, because there is still a stigma.
[46:01.680 --> 46:06.520] And we've been fighting it for decades, and I would like to see a society that's
[46:06.520 --> 46:10.160] more welcoming and more embracing of all of its people.
[46:10.160 --> 46:14.280] And if the worst thing that's happened to her is a gynecological exam, or as she says
[46:14.280 --> 46:19.840] in the same category as migraine headache, then I sincerely hope that she never has to
[46:19.840 --> 46:26.680] face, or her children or her grandchildren ever have to face the realities of sexual
[46:26.680 --> 46:35.960] assault, or just any TSA agent who goes too far or stepping their bounds.
[46:35.960 --> 46:40.400] She might have a different perspective if she had to go through it herself.
[46:40.400 --> 46:45.160] And the other thing that I was going to bring up, too, is that she's talking about removing
[46:45.160 --> 46:48.100] security protocol that is already in place.
[46:48.100 --> 46:51.240] This is something new that just started up for no good reason.
[46:51.240 --> 46:58.400] And as far as the pat-downs go, I want to comment that they did not do pat-downs until
[46:58.400 --> 47:03.200] after they implemented the naked body scanners, and then it became, well, if you don't want
[47:03.200 --> 47:06.200] to do the naked body scanners, then you have to get patted down.
[47:06.200 --> 47:09.640] That has never been anything that was implemented before.
[47:09.640 --> 47:14.160] And somebody else brought up at the hearing a very good point concerning, well, what if
[47:14.160 --> 47:21.060] somebody stuck an explosive in a body cavity, or what if they swallowed a small explosive?
[47:21.060 --> 47:24.480] Because you have to realize, if somebody gets on a plane and they intend to blow up the
[47:24.480 --> 47:27.760] plane while they're on it, it's a suicide mission.
[47:27.760 --> 47:31.640] So why wouldn't they swallow the bomb or put it in a body cavity?
[47:31.640 --> 47:37.640] And if that's the next step, which is obviously the next logical step, it makes me have to
[47:37.640 --> 47:44.520] wonder, well, are they planning or do they intend on implementing super, super dangerous
[47:44.520 --> 47:51.680] X-ray radiation machines that can penetrate and see several inches deep into your body
[47:51.680 --> 47:58.260] organs, which is only used in medical settings on very rare occasions.
[47:58.260 --> 47:59.880] Or I mean, what do they plan on doing?
[47:59.880 --> 48:05.520] Giving everybody a dose of EpiCAC before they get on the plane to discharge the contents
[48:05.520 --> 48:08.920] of their stomach to make sure they haven't actually swallowed something?
[48:08.920 --> 48:10.960] I mean, how far are they going to take this, people?
[48:10.960 --> 48:12.880] That is technically the next step.
[48:12.880 --> 48:18.200] And so what this woman, Judith, doesn't realize is that that is the next step.
[48:18.200 --> 48:25.060] Because you could swallow a bomb, you could put it in a body cavity, these pat-downs and
[48:25.060 --> 48:27.200] scanners do nothing, absolutely nothing.
[48:27.200 --> 48:32.040] Well, she did also make several apple to orange comparisons there, where she was talking about
[48:32.040 --> 48:33.200] the visit to her gynecologist.
[48:33.200 --> 48:36.040] I'm sitting here, well, let's talk about this.
[48:36.040 --> 48:40.380] First you're dealing with your personal health, not mine.
[48:40.380 --> 48:45.120] This is your choice to go because you want to be checked for these things.
[48:45.120 --> 48:48.520] So you're expecting to be groped to check for these things.
[48:48.520 --> 48:49.840] That isn't mine either.
[48:49.840 --> 48:50.840] Right.
[48:50.840 --> 48:53.760] And you choose who your gynecologist is.
[48:53.760 --> 48:54.760] Exactly.
[48:54.760 --> 48:56.200] And we better have a good rapport.
[48:56.200 --> 48:59.080] One of us isn't going to feel as good as when this exam started.
[48:59.080 --> 49:04.320] And you don't have to go to an exam like that as a condition to exercise your right to travel
[49:04.320 --> 49:05.400] either.
[49:05.400 --> 49:08.960] So yeah, it's absolutely an apples to oranges comparison.
[49:08.960 --> 49:09.960] There's no question about it.
[49:09.960 --> 49:15.640] The Newark studies demonstrated that prior to body scanners and pat-downs, 20 out of
[49:15.640 --> 49:20.760] 22 weapons were missed by current TSA.
[49:20.760 --> 49:27.800] And I'm talking about guns and purses, that obvious, they can't even handle their job
[49:27.800 --> 49:32.160] with the tools that they have and we're giving them more tools.
[49:32.160 --> 49:35.480] Perhaps what they need is education on the ones they've already got.
[49:35.480 --> 49:41.180] Well, you're talking though about, as the lady put it, a high learning curve for folks
[49:41.180 --> 49:43.000] with a Burger King IQ.
[49:43.000 --> 49:44.840] That's just not a good mix.
[49:44.840 --> 49:48.140] Well then there are other issues at stake here.
[49:48.140 --> 49:50.180] And this goes to being misinformed.
[49:50.180 --> 49:54.280] This isn't about a learning curve.
[49:54.280 --> 50:00.440] These people are specifically trained to do this.
[50:00.440 --> 50:02.440] They are taught to do this.
[50:02.440 --> 50:03.860] They are told to do this.
[50:03.860 --> 50:06.280] They are shown how to do this.
[50:06.280 --> 50:11.920] Specifically, when you touch the outer legs, you do the hands this way and then the inner
[50:11.920 --> 50:15.440] legs and then you do this and then you touch this part of the body and then you grab that
[50:15.440 --> 50:16.480] part of the body.
[50:16.480 --> 50:20.760] There is a very specific training and protocol.
[50:20.760 --> 50:23.520] You know, ABC, you do this, this, this, this, and this.
[50:23.520 --> 50:26.620] It's not about, well, they're not well trained.
[50:26.620 --> 50:28.120] It's not about being misinformed.
[50:28.120 --> 50:29.280] It's not about a learning curve.
[50:29.280 --> 50:31.600] It's not about, they're not sensitive.
[50:31.600 --> 50:35.000] They are trained specifically to do this.
[50:35.000 --> 50:41.680] And one thing I wanted to mention also concerning this district attorney who testified at the
[50:41.680 --> 50:45.160] House Bill 1471 concerning the official oppression bill.
[50:45.160 --> 50:50.200] And he was grilled about the TSA bill and he was saying, well, well, that could be difficult
[50:50.200 --> 50:53.240] to deal with because you have to show intent.
[50:53.240 --> 50:57.240] And did somebody, you know, have a lewd intent when they did this type of touching?
[50:57.240 --> 51:06.220] Well, that is inapplicable because the TSA bill specifically states that you cannot touch
[51:06.220 --> 51:11.600] certain parts of the body and they are listed, you know, genitals, breasts, et cetera, et
[51:11.600 --> 51:12.680] cetera, buttocks.
[51:12.680 --> 51:18.960] There are very specific parts of the body that are listed in this bill that you cannot
[51:18.960 --> 51:20.080] touch.
[51:20.080 --> 51:27.800] If you're a security agent, any public servant, period, cannot touch those parts of the body
[51:27.800 --> 51:33.100] when they're conducting standard security screening unless there's probable cause for
[51:33.100 --> 51:34.340] something else.
[51:34.340 --> 51:36.040] So it doesn't even go to intent.
[51:36.040 --> 51:38.800] You don't even have to ask about the intent, okay?
[51:38.800 --> 51:40.980] It doesn't matter whether you have a lewd intent or not.
[51:40.980 --> 51:42.500] You can't touch, period.
[51:42.500 --> 51:47.160] And so all that has to be proven is whether they touched or not, and that's easily proven
[51:47.160 --> 51:48.160] with cameras.
[51:48.160 --> 51:51.600] And intent is not questioned in daily life.
[51:51.600 --> 51:57.640] They don't ask the intent of the person who assaults a victim, they never do.
[51:57.640 --> 51:58.640] It's the fact that they did.
[51:58.640 --> 51:59.640] Exactly.
[51:59.640 --> 52:03.040] These people should be under the same laws as the rest of us.
[52:03.040 --> 52:04.040] Exactly.
[52:04.040 --> 52:05.040] There's no question about it.
[52:05.040 --> 52:06.440] There's no question about it.
[52:06.440 --> 52:07.440] All right.
[52:07.440 --> 52:13.400] I'm going to, well, I don't want to skip the top of the hour break because that's when
[52:13.400 --> 52:19.200] the news is and I like to play the news, but maybe we can start to play the next clip that
[52:19.200 --> 52:20.200] I have.
[52:20.200 --> 52:22.280] Julie, can you stay with us for a few minutes into the next segment?
[52:22.280 --> 52:23.280] Absolutely.
[52:23.280 --> 52:24.280] Okay, great.
[52:24.280 --> 52:27.640] We've got about six minutes, about five and a half minutes left of this segment.
[52:27.640 --> 52:32.680] I would like to play this testimony.
[52:32.680 --> 52:35.120] It's about, well, it's about eight minutes long.
[52:35.120 --> 52:37.520] We'll finish right up on the other side of an attorney.
[52:37.520 --> 52:39.280] His name is Pierce, attorney Pierce.
[52:39.280 --> 52:41.520] I'm sorry, I don't have the first name on me.
[52:41.520 --> 52:42.820] You'll hear it on the clip.
[52:42.820 --> 52:51.360] He spoke to the issue of the supremacy clause and why it doesn't apply in this situation.
[52:51.360 --> 53:00.200] And he gave a very eloquent testimony, clarifying some legal issues surrounding the TSA and
[53:00.200 --> 53:02.400] also giving his personal testimony.
[53:02.400 --> 53:04.240] And it was very, very compelling.
[53:04.240 --> 53:09.800] So here is attorney Pierce from Williamson County.
[53:09.800 --> 53:17.360] Bradley Pierce, who wishes to testify for the bill.
[53:17.360 --> 53:27.120] Honorable chairman members, thank you for your tireless attention this yesterday and
[53:27.120 --> 53:28.120] today.
[53:28.120 --> 53:33.760] And thank you for this opportunity to speak before you this early morning.
[53:33.760 --> 53:39.280] I'm speaking on behalf of my, my name is Bradley Pierce and I'm speaking on behalf of myself
[53:39.280 --> 53:42.880] along with my wife and our unborn child.
[53:42.880 --> 53:46.320] I'm not speaking on behalf of any organization.
[53:46.320 --> 53:50.680] And I'm an attorney and I'm also a citizen of Williamson County.
[53:50.680 --> 53:57.020] I have some prepared state, a prepared statement, but I want to just address as an attorney,
[53:57.020 --> 54:01.760] some of the arguments that have been mentioned before by various parties related to the doctrine
[54:01.760 --> 54:06.440] of preemption and a few other statements, if you don't mind.
[54:06.440 --> 54:12.760] Now, preemption is all about when federal law conflicts with state law, then federal
[54:12.760 --> 54:15.380] law trumps state law.
[54:15.380 --> 54:20.880] And that's what our constitution is known as the supremacy clause of our constitution.
[54:20.880 --> 54:24.640] I think what representative Simpson pointed out here is that what we're dealing with here
[54:24.640 --> 54:27.760] is not a law whatsoever.
[54:27.760 --> 54:29.720] We're not dealing with a statute.
[54:29.720 --> 54:32.000] We're not even dealing with a regulation.
[54:32.000 --> 54:35.000] We're dealing with a policy.
[54:35.000 --> 54:38.500] We're dealing with a rule of the TSA.
[54:38.500 --> 54:40.900] It hasn't been through a committee hearing like this.
[54:40.900 --> 54:44.800] It hasn't been subject to any kind of public hearing whatsoever.
[54:44.800 --> 54:51.760] It's a mere fiat of an administrative agency and does not have the force of law.
[54:51.760 --> 54:55.240] And so the preemption does not apply.
[54:55.240 --> 55:02.280] Additionally, the supremacy clause begins as follows, this constitution and the laws
[55:02.280 --> 55:08.240] of the United States, which shall be made in pursuance thereof.
[55:08.240 --> 55:10.880] Going on then, shall be the supreme law of the land.
[55:10.880 --> 55:13.440] Of course, what's the most supreme law of the land?
[55:13.440 --> 55:14.440] The constitution.
[55:14.440 --> 55:21.280] And any law passed not in pursuance thereof is not the supreme law of the land and certainly
[55:21.280 --> 55:28.080] not any rule which has been declared, certainly not the supreme law of the land as well.
[55:28.080 --> 55:36.360] And just to address Mr. Rowland's, a brief statement that he made to cite one case law,
[55:36.360 --> 55:46.600] Bosky versus Caminori holds that in order for a regulation, in order for a state agent
[55:46.600 --> 55:54.080] or a federal official to enjoy what's called supremacy clause immunity, the regulation
[55:54.080 --> 55:58.200] under which they act must be lawful and constitutional.
[55:58.200 --> 56:04.720] Also, as Representative Simpson has pointed out, this is not just about the actions of
[56:04.720 --> 56:10.080] the TSA, although they're the most poignant examples of these abuses that we're seeing
[56:10.080 --> 56:14.920] and that I believe Representative Simpson is attempting to address.
[56:14.920 --> 56:21.160] The bill also prevents state actors from performing these very same actions if they were ever
[56:21.160 --> 56:25.840] told to do so or if they ever chose to abuse their power.
[56:25.840 --> 56:33.120] This law protects us from them as well as the TSA.
[56:33.120 --> 56:45.760] Also, what's known as supremacy clause immunity finds its roots in a case called N. Ray Neagle
[56:45.760 --> 56:55.720] from around 1890 and that case held that the exercise of that state official's duties must
[56:55.720 --> 57:02.520] be reasonable, necessary and proper and in this case, they're none of those things and
[57:02.520 --> 57:08.640] so they should not be able to enjoy the supremacy clause immunity which has been raised.
[57:08.640 --> 57:15.720] I just wanted to mention that from a legal perspective.
[57:15.720 --> 57:21.120] I'm also here not just to talk as a lawyer but to talk as a husband and a father and
[57:21.120 --> 57:26.280] I care about my family and I care about their future and because of that, I'm here to respectfully
[57:26.280 --> 57:33.600] request that this criminal jurisprudence committee send HB 1937 to the floor without delay and
[57:33.600 --> 57:36.440] I care about protecting my family.
[57:36.440 --> 57:41.240] When many parents tell their children never to let anyone, stranger or otherwise, touch
[57:41.240 --> 57:48.280] you in certain places and if they do, come and tell them daddy and mommy immediately.
[57:48.280 --> 57:54.120] Now when we go to the airport though, where the rules apparently do not apply, daddy and
[57:54.120 --> 57:59.840] mommy are expected to surrender our child to a stranger to perform on them the very
[57:59.840 --> 58:05.040] acts that we have said were so wrong and daddy and mommy are just supposed to stand by and
[58:05.040 --> 58:09.640] say it's okay honey, it's the government.
[58:09.640 --> 58:16.280] This is a nightmare for all of us but particularly for little children who simply cannot understand
[58:16.280 --> 58:20.800] this hypocrisy and I think obviously neither can we.
[58:20.800 --> 58:25.280] No, neither can we and we're not going to take it anymore.
[58:25.280 --> 58:26.760] We are not going to put up with it.
[58:26.760 --> 58:29.640] We're mad as you know what and we're not going to put up with it.
[58:29.640 --> 58:32.200] Julie, can you stay with us for one more segment?
[58:32.200 --> 58:33.200] Absolutely.
[58:33.200 --> 58:36.840] Okay folks, we are going to finish this clip on the other side and speak with Julie Miller
[58:36.840 --> 58:38.460] some more.
[58:38.460 --> 58:43.160] We will take your calls on the other side about this topic only for the next segment
[58:43.160 --> 58:46.840] and then we're going to move on to Eddie's material.
[58:46.840 --> 58:52.400] The chief lead counsel for the speaker of the house, he wants to play the sound clip
[58:52.400 --> 58:55.520] of his meeting with the chief lead counsel speaker of the house.
[58:55.520 --> 58:59.040] We'll be back with Julie Miller on the other side.
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[59:57.720 --> 01:00:05.080] This news brief brought to you by the International News Net.
[01:00:05.080 --> 01:00:09.740] Pro-democracy protests flared up in several Syrian cities Friday, tens of thousands of
[01:00:09.740 --> 01:00:15.520] protesters trying to enter the capital Damascus were dispersed by security forces while thousands
[01:00:15.520 --> 01:00:20.480] who demonstrated in the southern city of Daraa reportedly faced no opposition.
[01:00:20.480 --> 01:00:24.940] Last Friday, 26 protesters were killed by security forces in Daraa.
[01:00:24.940 --> 01:00:30.160] Some demonstrators demanded the fall of Bashar al-Assad's regime while others say they won't
[01:00:30.160 --> 01:00:31.160] reform.
[01:00:31.160 --> 01:00:38.040] A new poll Thursday shows billionaire Donald Trump leads all other likely Republican contenders
[01:00:38.040 --> 01:00:42.120] for the 2012 presidency by nearly double digits.
[01:00:42.120 --> 01:00:47.720] Public policy polling says Trump leads the competition with 26% of Republican voters
[01:00:47.720 --> 01:00:49.360] favoring him for president.
[01:00:49.360 --> 01:00:54.400] Its closest rival, former Massachusetts Governor Mitt Romney, polled 15%.
[01:00:54.400 --> 01:00:59.720] Trump says he believes Barack Obama was not born in the US.
[01:00:59.720 --> 01:01:05.200] An analysis Friday by USA Today found the percentage of Americans with jobs was just
[01:01:05.200 --> 01:01:07.720] over 45% of the population.
[01:01:07.720 --> 01:01:11.920] Figures from the Census and the Bureau of Labor Statistics showed this was the lowest
[01:01:11.920 --> 01:01:14.020] figure since 1983.
[01:01:14.020 --> 01:01:19.560] The news came as Republican senators unveiled a plan to raise the retirement age, potentially
[01:01:19.560 --> 01:01:22.520] raising the unemployment rate.
[01:01:22.520 --> 01:01:27.320] Barack Obama has signaled the return of the US to the forefront of the international effort
[01:01:27.320 --> 01:01:32.920] in Libya, writing a joint article with UK Prime Minister David Cameron and French President
[01:01:32.920 --> 01:01:37.680] Nicolas Sarkozy in which the three leaders commit their countries to pursue military
[01:01:37.680 --> 01:01:41.520] action until Colonel Gaddafi has been removed.
[01:01:41.520 --> 01:01:46.000] Obama reverses America's cautious approach to the conflict and signs up his country to
[01:01:46.000 --> 01:01:49.780] the more muscular intervention of his European colleagues.
[01:01:49.780 --> 01:01:54.160] Diplomats are considering how the language of the UN mandate can accommodate a more active
[01:01:54.160 --> 01:01:56.680] military role on the ground.
[01:01:56.680 --> 01:02:03.520] The US Senate Thursday passed the budget for 2011 with cuts to education, labor and
[01:02:03.520 --> 01:02:05.640] environmental programs.
[01:02:05.640 --> 01:02:09.760] Social security escaped unscathed, but its future is at risk.
[01:02:09.760 --> 01:02:14.960] Barack Obama said Wednesday, social security is not the cause of our deficit, but said
[01:02:14.960 --> 01:02:18.600] it may be necessary to make dramatic changes to the program.
[01:02:18.600 --> 01:02:23.360] John Nichols wrote in The Nation, at a time when House Republicans are talking of raising
[01:02:23.360 --> 01:02:29.040] the retirement age to 70, reducing benefits and imposing budgets on the elderly, the President
[01:02:29.040 --> 01:02:34.440] is expressing a willingness to negotiate away a lot of what is social and secure about social
[01:02:34.440 --> 01:02:35.640] security.
[01:02:35.640 --> 01:02:40.520] The Progressive Change Campaign Committee pointed out the overwhelming majority of Americans
[01:02:40.520 --> 01:02:46.160] oppose cuts to social security, but support taxing the rich, ending corporate welfare
[01:02:46.160 --> 01:02:51.800] and reducing military spending, adding that plus investment in jobs should be the democratic
[01:02:51.800 --> 01:03:17.680] plan.
[01:03:21.800 --> 01:03:49.800] Look what we got, who we asked the Christian, I wonder what they're hiding, they don't have
[01:03:49.800 --> 01:04:06.120] the answers, I wonder what they're hiding, they don't have the answers, I wonder what
[01:04:06.120 --> 01:04:23.000] we got, who we asked the Christian, I wonder what they're hiding, they don't have the answers,
[01:04:23.000 --> 01:04:33.880] I wonder what they're hiding, they don't have the answers, I wonder what they're hiding,
[01:04:33.880 --> 01:04:49.920] they don't have the answers, I wonder what they're hiding, they don't have the answers,
[01:04:49.920 --> 01:04:51.080] That is the good news.
[01:04:51.080 --> 01:04:52.600] Neither is Julie Miller.
[01:04:52.600 --> 01:04:54.580] Neither is Bradley Pierce.
[01:04:54.580 --> 01:04:57.320] Neither are the rest of us here at Rule of Law Radio,
[01:04:57.320 --> 01:04:59.480] and I'm sure neither are you listeners.
[01:04:59.480 --> 01:05:01.520] All right, we are playing a clip
[01:05:01.520 --> 01:05:03.360] from attorney Bradley Pierce,
[01:05:03.360 --> 01:05:05.800] his testimony at the committee hearing
[01:05:05.800 --> 01:05:08.420] of the TSA bill, House Bill 1937,
[01:05:08.420 --> 01:05:11.040] which has passed out of committee already.
[01:05:11.040 --> 01:05:13.620] And one thing I wanted to comment
[01:05:13.620 --> 01:05:16.200] before we continue with Bradley Pierce's testimony,
[01:05:16.200 --> 01:05:20.560] you know, Judith Shaw seemed very disgruntled,
[01:05:20.560 --> 01:05:23.240] very unhappy and upset and concerned
[01:05:23.240 --> 01:05:25.320] that the committee, most of the committee
[01:05:25.320 --> 01:05:27.520] had already signed onto the bill.
[01:05:27.520 --> 01:05:30.800] And she was wondering if this was all an exercise
[01:05:30.800 --> 01:05:33.120] of futility and what's really going on here.
[01:05:33.120 --> 01:05:35.400] Is there really something else going on here
[01:05:35.400 --> 01:05:37.080] and all this sort of thing.
[01:05:37.080 --> 01:05:41.520] Well, folks, the legislators have every right,
[01:05:41.520 --> 01:05:42.900] I'm sorry, they don't have every right.
[01:05:42.900 --> 01:05:46.480] They have every authority to sign on
[01:05:46.480 --> 01:05:50.040] and become co-authors of any bill they choose,
[01:05:50.040 --> 01:05:52.280] no matter what committee they're on.
[01:05:52.280 --> 01:05:54.300] And not only that,
[01:05:55.720 --> 01:06:00.720] there are something like 52 house members
[01:06:02.520 --> 01:06:06.520] who have signed on to be co-authors of this bill.
[01:06:06.520 --> 01:06:08.920] There's only like 149 members of the house.
[01:06:08.920 --> 01:06:10.060] Extremely encouraging.
[01:06:10.060 --> 01:06:14.440] A third of the house has signed on to be co-author
[01:06:14.440 --> 01:06:17.520] of this bill and the naked body scanner bill, folks.
[01:06:17.520 --> 01:06:20.760] So I think that shows you
[01:06:20.760 --> 01:06:23.160] what the will of the people really is,
[01:06:23.160 --> 01:06:24.680] because you know the constituents
[01:06:24.680 --> 01:06:26.240] have been hounding about this.
[01:06:26.240 --> 01:06:29.120] So it's not an exercise in futility.
[01:06:29.120 --> 01:06:31.940] In fact, I think it's the furthest thing from it.
[01:06:31.940 --> 01:06:33.940] If it was an exercise in futility,
[01:06:33.940 --> 01:06:36.800] they would not have let us talk as long as they did.
[01:06:36.800 --> 01:06:38.280] They would not have let as many people
[01:06:38.280 --> 01:06:39.780] talk as long as they did.
[01:06:39.780 --> 01:06:41.560] They didn't have to.
[01:06:41.560 --> 01:06:44.000] In fact, most committees will limit your testimony
[01:06:44.000 --> 01:06:46.600] to three minutes most of the time.
[01:06:46.600 --> 01:06:48.580] The Criminal Jurisprudence Committee
[01:06:48.580 --> 01:06:51.240] does not limit the time of your testimony,
[01:06:51.240 --> 01:06:54.420] nor do they limit the number of people testifying.
[01:06:54.420 --> 01:06:56.520] We were there till after two in the morning.
[01:06:56.520 --> 01:06:59.480] The hearing for the bill started about 10.30 at night.
[01:06:59.480 --> 01:07:02.440] That's almost, it's like three and a half hours
[01:07:02.440 --> 01:07:04.000] people were testifying on the bill.
[01:07:04.000 --> 01:07:07.120] So no, I don't think it was an exercise in futility at all.
[01:07:07.120 --> 01:07:09.360] They wanted to hear what we had to say.
[01:07:09.360 --> 01:07:12.360] Most of the committee stayed there until the bitter end.
[01:07:12.360 --> 01:07:14.160] They wanted to hear what everyone had to say.
[01:07:14.160 --> 01:07:16.720] So, all right, we are now going to continue
[01:07:16.720 --> 01:07:18.680] with Bradley Pierce's testimony.
[01:07:18.680 --> 01:07:19.520] Here we go.
[01:07:21.120 --> 01:07:25.160] Should I, should we tolerate someone coming into our home?
[01:07:25.160 --> 01:07:26.840] Should I tolerate someone breaking into my home
[01:07:26.840 --> 01:07:30.300] and stripping my wife naked and molesting our child?
[01:07:31.220 --> 01:07:32.720] Forbid it almighty God,
[01:07:32.720 --> 01:07:36.320] yet we put the person in a blue uniform
[01:07:36.320 --> 01:07:40.480] and now that's exactly what we must now submit to.
[01:07:40.480 --> 01:07:44.160] And it's in front of an audience the size of an airport.
[01:07:45.640 --> 01:07:49.280] You know, flying used to be fun, but it's not anymore.
[01:07:50.640 --> 01:07:52.880] If these scanners and pat-downs are tolerated
[01:07:52.880 --> 01:07:56.280] in Texas airports, my family will not be flying out of them.
[01:07:56.280 --> 01:08:00.600] No, I will not allow the TSA to play show and feel
[01:08:00.600 --> 01:08:02.600] with my family and certainly not
[01:08:02.600 --> 01:08:04.240] for the appearance of security.
[01:08:04.240 --> 01:08:06.780] I care about my family's future.
[01:08:06.780 --> 01:08:08.540] Is this the future that we want?
[01:08:08.540 --> 01:08:11.100] Our family's been in Texas over 150 years
[01:08:11.100 --> 01:08:13.340] and we aim to stay here.
[01:08:13.340 --> 01:08:16.780] And our ancestors fought and died for these freedoms,
[01:08:16.780 --> 01:08:19.860] which some may want to toss them away
[01:08:20.820 --> 01:08:23.060] for the promise of some security,
[01:08:23.060 --> 01:08:25.300] but I'm frankly willing to die for them
[01:08:25.300 --> 01:08:26.760] just like my ancestors were.
[01:08:26.760 --> 01:08:36.760] And I ask our legislature to defend this as well.
[01:08:37.260 --> 01:08:38.820] And the Texas and U.S. Constitutions
[01:08:38.820 --> 01:08:42.000] forbid the government from performing unreasonable searches.
[01:08:42.000 --> 01:08:44.100] And if the virtual strip search of my wife
[01:08:45.340 --> 01:08:49.540] and the creation of child pornography of my child,
[01:08:49.540 --> 01:08:51.220] if that's not unreasonable,
[01:08:51.220 --> 01:08:53.260] if the sexual assault of men and women
[01:08:53.260 --> 01:08:56.800] and the molesting of children is not unreasonable,
[01:08:56.800 --> 01:08:57.640] then what is?
[01:08:58.600 --> 01:09:00.680] I'm here to ask each of you to stand upon
[01:09:00.680 --> 01:09:02.360] the Texas and U.S. Constitutions
[01:09:02.360 --> 01:09:04.800] and defend the citizens you have sworn to serve
[01:09:06.440 --> 01:09:08.480] against an out of control federal agency.
[01:09:08.480 --> 01:09:11.160] I thank you all so much for joining David Simpson
[01:09:11.160 --> 01:09:15.520] in this bill and ask you to please protect our families.
[01:09:15.520 --> 01:09:16.960] And that's because the time has come
[01:09:16.960 --> 01:09:18.800] to draw a line in the sand,
[01:09:18.800 --> 01:09:23.080] to stand upon our constitutions and to keep Texas free.
[01:09:23.080 --> 01:09:23.920] Thank you.
[01:09:24.820 --> 01:09:25.660] Thank you.
[01:09:25.660 --> 01:09:26.500] Thank you.
[01:09:26.500 --> 01:09:27.320] Thank you.
[01:09:27.320 --> 01:09:28.160] Thank you.
[01:09:28.160 --> 01:09:29.000] Thank you.
[01:09:29.000 --> 01:09:29.840] Thank you.
[01:09:29.840 --> 01:09:30.660] Thank you.
[01:09:30.660 --> 01:09:31.500] Thank you.
[01:09:31.500 --> 01:09:32.340] Thank you.
[01:09:32.340 --> 01:09:33.520] I'm sorry, were there any questions?
[01:09:33.520 --> 01:09:34.360] Yes, sir.
[01:09:34.360 --> 01:09:36.200] Are you gonna go to federal court with us?
[01:09:36.200 --> 01:09:37.040] Yes, sir.
[01:09:37.040 --> 01:09:38.820] Are you gonna go to federal court with us?
[01:09:38.820 --> 01:09:43.820] As long as someone sets up some sort of legal defense fund
[01:09:44.520 --> 01:09:46.680] that could pay for my legal fees, then yes.
[01:09:46.680 --> 01:09:51.680] Okay, thank you for your testimony.
[01:09:53.280 --> 01:09:55.320] Okay, you heard it.
[01:09:55.320 --> 01:09:56.740] You heard it from Bradley Pierce.
[01:09:56.740 --> 01:10:00.280] If somebody sets up a legal defense fund,
[01:10:00.280 --> 01:10:04.480] he will represent folks in federal court,
[01:10:04.480 --> 01:10:09.480] which brings up the issue concerning removal of cases
[01:10:11.440 --> 01:10:12.960] to federal court.
[01:10:12.960 --> 01:10:14.180] But before I get into this,
[01:10:14.180 --> 01:10:16.280] I just wanted to ask our guest, Julie,
[01:10:16.280 --> 01:10:18.840] would you like to comment on Bradley Pierce's testimony?
[01:10:18.840 --> 01:10:21.320] Yeah, you know, I did have one thing that stuck out to me.
[01:10:21.320 --> 01:10:22.760] He mentioned it very quickly.
[01:10:22.760 --> 01:10:25.760] He mentioned the creation of child pornography.
[01:10:25.760 --> 01:10:27.080] There has been talk that,
[01:10:27.080 --> 01:10:29.600] oh, these machines don't save these images.
[01:10:29.600 --> 01:10:34.340] Oh, they have privacy shields on them
[01:10:34.340 --> 01:10:36.280] or they blur the image or this or that.
[01:10:36.280 --> 01:10:37.580] That is not true.
[01:10:37.580 --> 01:10:39.000] These images preserve,
[01:10:39.000 --> 01:10:40.720] these machines preserve these images.
[01:10:40.720 --> 01:10:42.520] They have been found doing so.
[01:10:42.520 --> 01:10:44.320] Sometimes they can even print them out.
[01:10:44.320 --> 01:10:47.600] They've brought them to celebrities to sign before.
[01:10:48.960 --> 01:10:51.320] But all those issues are red herrings to the fact
[01:10:51.320 --> 01:10:53.140] that this is a trampling of our liberty
[01:10:53.140 --> 01:10:55.920] and it is not something we should tolerate.
[01:10:55.920 --> 01:10:57.080] Absolutely not.
[01:10:57.080 --> 01:10:59.580] And depending on the state,
[01:10:59.580 --> 01:11:04.580] there doesn't have to be a physical copy of an image.
[01:11:07.060 --> 01:11:10.380] If you somehow even use a camera lens
[01:11:10.380 --> 01:11:13.300] to like a pair of binoculars or something
[01:11:13.300 --> 01:11:17.680] to try to pull a peeping tom on a child,
[01:11:17.680 --> 01:11:22.120] that is also either, it falls under pedophilia laws
[01:11:22.120 --> 01:11:24.280] or it falls under stalking laws
[01:11:24.280 --> 01:11:27.640] or it can also fall under child pornography laws
[01:11:27.640 --> 01:11:32.640] because it's still using technology to view children
[01:11:33.480 --> 01:11:35.560] in an inappropriate manner.
[01:11:35.560 --> 01:11:37.940] Tens of thousands of these images are preserved
[01:11:37.940 --> 01:11:40.540] in these machines and that includes your child.
[01:11:40.540 --> 01:11:41.720] There's no question about it.
[01:11:41.720 --> 01:11:43.820] They are gathering biometric data.
[01:11:43.820 --> 01:11:46.420] That is the real purpose of these machines.
[01:11:46.420 --> 01:11:49.320] That's why they pull these pat-downs
[01:11:49.320 --> 01:11:51.200] to try to force people into them
[01:11:51.200 --> 01:11:55.280] is because they want your biometric data.
[01:11:55.280 --> 01:11:58.720] And the level of biometric data that they gather
[01:11:58.720 --> 01:12:01.240] from these machines is astronomical.
[01:12:01.240 --> 01:12:03.760] The level of detail that they can see
[01:12:03.760 --> 01:12:07.600] is tens of thousands of times more accurate.
[01:12:07.600 --> 01:12:10.440] The resolution is tens of thousands of times more accurate
[01:12:10.440 --> 01:12:11.620] than the human eye.
[01:12:11.620 --> 01:12:15.800] They can get the facial recognition biometric patterns.
[01:12:15.800 --> 01:12:20.320] They can get your DNA scans off of these machines.
[01:12:20.320 --> 01:12:23.800] They'll know everything about you genetically
[01:12:23.800 --> 01:12:26.440] from these machines.
[01:12:26.440 --> 01:12:29.080] So yeah, you don't wanna be going through them
[01:12:29.080 --> 01:12:31.140] and you don't wanna be taking the pat-downs either.
[01:12:31.140 --> 01:12:35.460] And just quickly to get back to this federal issue,
[01:12:35.460 --> 01:12:39.120] one of the criticisms by John Rowland
[01:12:39.120 --> 01:12:42.200] who actually testified neutral on the bill,
[01:12:42.200 --> 01:12:44.540] he's a frequent guest on Gary Johnson's show,
[01:12:44.540 --> 01:12:45.600] Live and Let Live.
[01:12:45.600 --> 01:12:49.400] He mentioned that this bill could cause a big fight
[01:12:49.400 --> 01:12:54.400] because if the state of Texas prosecuted TSA agents,
[01:12:54.820 --> 01:12:57.580] they would be prosecuting a federal agent
[01:12:57.580 --> 01:13:00.740] who had been acting in their official capacity.
[01:13:00.740 --> 01:13:03.480] And because of the Randy Weaver case,
[01:13:03.480 --> 01:13:05.320] and it's not even technically the Randy Weaver case,
[01:13:05.320 --> 01:13:08.160] but because of what happened with Randy Weaver,
[01:13:08.160 --> 01:13:12.960] the attorney general of Idaho tried to prosecute
[01:13:12.960 --> 01:13:17.240] one of the BATF agents who murdered Randy Weaver's wife.
[01:13:17.240 --> 01:13:20.520] I believe this was in Idaho v,
[01:13:20.520 --> 01:13:23.400] I'm trying to find the case right now.
[01:13:23.400 --> 01:13:27.800] Horiuchi was one of the BATF agents.
[01:13:27.800 --> 01:13:31.320] The Idaho district attorney tried to prosecute
[01:13:32.960 --> 01:13:37.540] this BATF agent in the state court for murder.
[01:13:37.540 --> 01:13:40.160] And the case was removed to federal court
[01:13:40.160 --> 01:13:41.880] and subsequently dismissed.
[01:13:41.880 --> 01:13:44.800] Now, because of that, people gloss over that case
[01:13:44.800 --> 01:13:49.760] and say, well, we're gonna have a difficult time
[01:13:49.760 --> 01:13:50.960] because it's just gonna get removed
[01:13:50.960 --> 01:13:52.280] to federal court and blown off.
[01:13:52.280 --> 01:13:55.460] But actually there's more details surrounding that case.
[01:13:55.460 --> 01:13:58.680] What actually happened, Bradley Pierce informed me,
[01:13:58.680 --> 01:14:01.920] I talked to him on the telephone after the hearing.
[01:14:01.920 --> 01:14:06.300] He told me that that is a gross misunderstanding
[01:14:06.300 --> 01:14:08.600] of that case, what actually happened was that
[01:14:08.600 --> 01:14:13.420] there were some factual questions that needed to be resolved
[01:14:13.420 --> 01:14:16.720] by the trial court in the state court system
[01:14:16.720 --> 01:14:20.840] before the federal court could even make a determination
[01:14:20.840 --> 01:14:22.840] on whether or not they had jurisdiction
[01:14:22.840 --> 01:14:24.200] to hear the removal.
[01:14:24.200 --> 01:14:26.800] And so they actually kicked the case back
[01:14:26.800 --> 01:14:31.360] to the state trial court to resolve some factual questions.
[01:14:31.360 --> 01:14:35.460] And subsequently the prosecutor dropped the case
[01:14:35.460 --> 01:14:36.560] for some reason.
[01:14:36.560 --> 01:14:38.800] And so then the federal court dismissed it
[01:14:38.800 --> 01:14:40.240] because there wasn't a case anymore.
[01:14:40.240 --> 01:14:44.280] So apparently the question is still not answered
[01:14:44.280 --> 01:14:49.280] as to whether or not federal agents can be prosecuted
[01:14:50.160 --> 01:14:53.440] for crimes, for state crimes when a federal agent
[01:14:53.440 --> 01:14:56.800] was acting in their official capacity as an agent.
[01:14:56.800 --> 01:14:59.720] So perhaps some of these questions will soon be answered.
[01:14:59.720 --> 01:15:01.720] We have about two minutes left in this segment.
[01:15:01.720 --> 01:15:05.800] Julie, do you have any closing thoughts for us?
[01:15:05.800 --> 01:15:09.420] I have so many, I couldn't begin to share them all.
[01:15:11.920 --> 01:15:14.160] Women are disproportionately singled out
[01:15:14.160 --> 01:15:16.920] quote unquote randomly for these sorts of things.
[01:15:16.920 --> 01:15:20.240] Sometimes they're the only ones who are seen in a day,
[01:15:20.240 --> 01:15:22.560] investigative journalists have reported that.
[01:15:24.120 --> 01:15:26.680] That is the reason I'm affected, but everybody,
[01:15:26.680 --> 01:15:30.920] man, woman, child, parent, senior, whoever you are,
[01:15:30.920 --> 01:15:32.760] even a grandmother in yoga clothing,
[01:15:32.760 --> 01:15:35.380] I think should really learn about this
[01:15:35.380 --> 01:15:37.880] and consider this issue very seriously.
[01:15:37.880 --> 01:15:39.700] Julie, you're welcome to stay on a little bit longer
[01:15:39.700 --> 01:15:42.220] if you have more information you'd like to share.
[01:15:42.220 --> 01:15:43.060] All right.
[01:15:44.240 --> 01:15:45.080] So please go ahead.
[01:15:45.080 --> 01:15:46.080] We're not gonna be going to break
[01:15:46.080 --> 01:15:47.480] for about another minute or so.
[01:15:47.480 --> 01:15:48.320] Oh, thank goodness.
[01:15:48.320 --> 01:15:49.380] Okay, so go ahead.
[01:15:50.800 --> 01:15:55.800] I can speak to the incidents of sexual assault.
[01:15:56.660 --> 01:15:58.600] For me, it happened when I was young
[01:15:58.600 --> 01:16:01.640] and it happened with someone I should have trusted.
[01:16:01.640 --> 01:16:05.320] And I can say how many people in Texas
[01:16:05.320 --> 01:16:06.520] or how many people in the country
[01:16:06.520 --> 01:16:07.680] have experienced sexual assault,
[01:16:07.680 --> 01:16:08.960] but the truth of the matter is
[01:16:08.960 --> 01:16:11.100] a lot of people don't even report this.
[01:16:11.100 --> 01:16:14.360] This could be your wife or your neighbor or your friend
[01:16:14.360 --> 01:16:16.280] and you may never know.
[01:16:16.280 --> 01:16:20.120] I believe in the restoration of dignity.
[01:16:20.120 --> 01:16:22.640] I believe in the restoration of liberty.
[01:16:22.640 --> 01:16:25.920] And I believe that we have the tools we need
[01:16:25.920 --> 01:16:28.320] to defend ourselves and keep ourselves safe.
[01:16:28.320 --> 01:16:31.760] And we don't need to move towards what their goal is,
[01:16:31.760 --> 01:16:35.280] is a pat down or a body scan or maybe both or everybody.
[01:16:35.280 --> 01:16:37.000] And we don't need to move in that direction.
[01:16:37.000 --> 01:16:38.680] Absolutely, we do not.
[01:16:38.680 --> 01:16:41.240] Julie, thank you so much for joining us this evening.
[01:16:41.240 --> 01:16:42.920] Thank you for having me, it was a pleasure.
[01:16:42.920 --> 01:16:45.200] All right, folks, when we get back on the other side,
[01:16:45.200 --> 01:16:47.040] we are going to be playing the clip
[01:16:47.040 --> 01:16:50.680] from Eddie's meeting with the Chief Counsel
[01:16:50.680 --> 01:16:54.380] of the Speaker of the House here in the state of Texas.
[01:16:54.380 --> 01:16:55.420] We'll be right back.
[01:16:55.420 --> 01:17:00.440] We'll be right back.
[01:17:00.440 --> 01:17:02.600] Capital Coin and Bullion is your local source
[01:17:02.600 --> 01:17:05.400] for rare coins, precious metals and coin supplies
[01:17:05.400 --> 01:17:07.380] in the Austin metro area.
[01:17:07.380 --> 01:17:08.380] We also ship worldwide.
[01:17:08.380 --> 01:17:10.840] We're a family owned and operated business
[01:17:10.840 --> 01:17:12.360] that offers competitive prices
[01:17:12.360 --> 01:17:14.920] on your coin and metals purchases.
[01:17:14.920 --> 01:17:17.280] Because of you, Austin, business has been so good
[01:17:17.280 --> 01:17:20.400] that we've had to move to a new and bigger location.
[01:17:20.400 --> 01:17:24.120] We're now located at 7304 Burnett Road, Suite A,
[01:17:24.120 --> 01:17:27.680] 1.2 miles north on Burnett from our previous location.
[01:17:27.680 --> 01:17:29.560] We're on the west side of Burnett Road
[01:17:29.560 --> 01:17:32.260] in the Stanley Insurance building on the ground floor
[01:17:32.260 --> 01:17:35.220] next to the Ichiban Sushi and the Genie Car Wash.
[01:17:35.220 --> 01:17:37.440] We're open Monday through Friday, 10 to six,
[01:17:37.440 --> 01:17:39.040] Saturdays, 10 to five.
[01:17:39.040 --> 01:17:41.600] You're welcome to stop in during regular business hours
[01:17:41.600 --> 01:17:46.600] or call 512-646-6440, ask for Chad or Becky
[01:17:46.600 --> 01:17:48.880] and say that you heard about us on Rule of Law Radio
[01:17:48.880 --> 01:17:50.480] or Texas Liberty Radio.
[01:17:50.480 --> 01:17:52.080] That's Capital Coin and Bullion
[01:17:52.080 --> 01:17:55.960] at our new location at 7304 Burnett Road, Suite A,
[01:17:55.960 --> 01:17:59.260] or call 512-646-6440.
[01:18:00.200 --> 01:18:01.920] My name is Randall Kelton
[01:18:01.920 --> 01:18:04.360] and I co-host on Rule of Law Radio.
[01:18:04.360 --> 01:18:07.200] We specialize in showing people how to strike back
[01:18:07.200 --> 01:18:09.140] against corrupt public officials.
[01:18:09.140 --> 01:18:11.120] With the mortgage crisis worsening,
[01:18:11.120 --> 01:18:13.160] we set our sights on finding a remedy
[01:18:13.160 --> 01:18:15.720] for people who have been cheated by their lenders.
[01:18:15.720 --> 01:18:18.160] If you have a mortgage or have paid yours off,
[01:18:18.160 --> 01:18:21.000] you have probably been cheated out of thousands,
[01:18:21.000 --> 01:18:22.280] but there is a remedy.
[01:18:22.280 --> 01:18:25.380] Go to remediesinrealestate.com
[01:18:25.380 --> 01:18:30.220] or call me at 512-430-4140
[01:18:30.220 --> 01:18:33.240] and find out how to use the consumer protection laws
[01:18:33.240 --> 01:18:35.400] to recover what the lenders have stolen
[01:18:35.400 --> 01:18:37.080] through fraud and deception.
[01:18:37.080 --> 01:18:40.160] We will prepare for you a qualified written request
[01:18:40.160 --> 01:18:43.640] that will expose the fraud and put the lenders on the dime.
[01:18:43.640 --> 01:18:46.160] Lender fraud is bankrupting this country
[01:18:46.160 --> 01:18:47.900] and it's time to fight back.
[01:18:47.900 --> 01:18:50.640] Go to remediesinrealestate.com
[01:18:50.640 --> 01:18:55.240] or call 512-430-4140
[01:18:55.240 --> 01:18:57.040] and get the information you need
[01:18:57.040 --> 01:18:59.960] to stop the money changers in their tracks.
[01:19:00.840 --> 01:19:02.840] ["Blind Me"]
[01:19:02.840 --> 01:19:30.840] ["Blind Me"]
[01:19:30.840 --> 01:19:37.840] ["Blind Me"]
[01:19:37.840 --> 01:19:39.480] All right, folks, we are back.
[01:19:39.480 --> 01:19:41.680] This is Rule of Law Radio.
[01:19:41.680 --> 01:19:44.200] Okay, great thanks to our guests
[01:19:44.200 --> 01:19:45.400] for being on with us tonight.
[01:19:45.400 --> 01:19:49.040] We're now gonna play a recording of a meeting I had
[01:19:49.040 --> 01:19:52.720] with the Chief Legal Counsel for the Speaker of the House,
[01:19:52.720 --> 01:19:57.400] Mr. Jesse Ansira, and what this discussion was about
[01:19:57.400 --> 01:20:00.380] was pretty much hook, line, and sinker,
[01:20:00.380 --> 01:20:04.300] the issues dealing with the Code of Criminal Procedure.
[01:20:04.300 --> 01:20:07.480] And I go through it with him section by section
[01:20:07.480 --> 01:20:10.000] in great detail and show him how it links in
[01:20:10.000 --> 01:20:12.040] with the other provisions of other codes
[01:20:12.040 --> 01:20:17.040] to draw a picture that is pretty well paint by number
[01:20:17.960 --> 01:20:22.360] and then showed him exactly how the judges
[01:20:22.360 --> 01:20:25.160] and the district attorneys are refusing
[01:20:25.160 --> 01:20:27.400] to use the numbers to do the painting.
[01:20:27.400 --> 01:20:30.920] So that's what this recording will give us
[01:20:30.920 --> 01:20:33.160] is a step-by-step saying, okay,
[01:20:33.160 --> 01:20:35.480] here's the problems we're running into.
[01:20:35.480 --> 01:20:37.620] Who do we talk to about this?
[01:20:37.620 --> 01:20:39.880] And he actually tells us before the end of this
[01:20:39.880 --> 01:20:42.660] that we have some really great arguments.
[01:20:42.660 --> 01:20:44.760] We have some great issues.
[01:20:44.760 --> 01:20:47.720] He recommends ways for us to get numbers
[01:20:47.720 --> 01:20:50.900] behind these issues to get them before committees
[01:20:50.900 --> 01:20:52.640] and actual bills and get them changed,
[01:20:52.640 --> 01:20:54.480] which of course, you know,
[01:20:54.480 --> 01:20:56.660] I've been working on those for a while,
[01:20:56.660 --> 01:20:58.740] but as usual, I am one guy,
[01:20:58.740 --> 01:21:01.400] so I would appreciate strength in numbers.
[01:21:01.400 --> 01:21:02.500] But for the most part,
[01:21:02.500 --> 01:21:04.160] that's what you're about to listen to now.
[01:21:04.160 --> 01:21:06.300] It is an hour and 15 minutes
[01:21:06.300 --> 01:21:08.800] and 43 seconds worth of information.
[01:21:08.800 --> 01:21:11.440] Hopefully you will find it useful.
[01:21:11.440 --> 01:21:14.320] And it was actually very pleasant to talk to an attorney
[01:21:14.320 --> 01:21:18.040] who wasn't rolling his eyeballs every time I made a comment.
[01:21:18.040 --> 01:21:20.500] He paid very close attention.
[01:21:20.500 --> 01:21:23.960] He made copious notes about what I discussed.
[01:21:23.960 --> 01:21:26.100] He agreed with everything I said,
[01:21:26.100 --> 01:21:27.260] which is highly unusual,
[01:21:27.260 --> 01:21:29.600] considering Randy doesn't agree with anything I say
[01:21:29.600 --> 01:21:31.480] until we argue about it 10 times.
[01:21:31.480 --> 01:21:34.220] But it was a good day, all in all.
[01:21:34.220 --> 01:21:35.060] And with that said,
[01:21:35.060 --> 01:21:36.640] Debra, can we play that clip?
[01:21:38.720 --> 01:21:40.120] Well, what can I do for you today?
[01:21:40.120 --> 01:21:41.960] Here's my card.
[01:21:41.960 --> 01:21:43.240] No, thanks, sir.
[01:21:43.240 --> 01:21:44.880] I'll give you one of mine, but I'm fresh out.
[01:21:44.880 --> 01:21:46.520] Mine disappear like hotcakes.
[01:21:48.520 --> 01:21:50.680] Okay, I'm not really sure exactly
[01:21:50.680 --> 01:21:52.160] what information was given to you
[01:21:52.160 --> 01:21:57.160] about why I wish to see you or none, okay?
[01:21:58.680 --> 01:22:00.120] Well, I guess then the first thing would be
[01:22:00.120 --> 01:22:03.080] for us to get a little bit acquainted with each other.
[01:22:03.080 --> 01:22:05.100] What exactly is your job?
[01:22:05.100 --> 01:22:06.600] I'm a general counsel
[01:22:06.600 --> 01:22:09.520] and senior tax advisor for the speaker.
[01:22:09.520 --> 01:22:12.880] So I handle everything from legal issues
[01:22:12.880 --> 01:22:17.000] that are in constitution or in rules
[01:22:17.000 --> 01:22:20.080] or in administration of this office.
[01:22:20.080 --> 01:22:20.920] I handle tax.
[01:22:20.920 --> 01:22:23.160] So there's a tax committee, ways and means committee
[01:22:23.160 --> 01:22:24.960] that handles all the tax bills.
[01:22:24.960 --> 01:22:26.960] So I monitor and keep up with the chairman
[01:22:26.960 --> 01:22:28.400] and all the members and all the bills
[01:22:28.400 --> 01:22:30.960] that are going through ways and means.
[01:22:30.960 --> 01:22:33.400] I'm liaison with the controller's office
[01:22:33.400 --> 01:22:37.460] who administers the taxes for the state for the most part.
[01:22:37.460 --> 01:22:39.040] Then I do economic development.
[01:22:39.040 --> 01:22:42.960] So I handle some of the economic development programs
[01:22:42.960 --> 01:22:44.600] for the speaker.
[01:22:44.600 --> 01:22:48.080] And then other than that, it's whatever else he asked me to do.
[01:22:48.080 --> 01:22:52.200] So I represent him in meetings and different committees,
[01:22:52.200 --> 01:22:53.400] et cetera, so.
[01:22:53.400 --> 01:22:56.260] Okay, do you actually have any interface at all
[01:22:56.260 --> 01:22:59.200] with the judicial committee?
[01:22:59.200 --> 01:23:00.440] Judicial committee?
[01:23:00.440 --> 01:23:02.600] I would not, but our staff would.
[01:23:02.600 --> 01:23:07.600] We have, the way we are set up is we have a policy person.
[01:23:10.440 --> 01:23:13.240] I'm kind of a senior staff that I kind of see
[01:23:13.240 --> 01:23:14.760] or oversee a lot of different issues.
[01:23:14.760 --> 01:23:18.120] Then we have policy analysts who cover each
[01:23:18.120 --> 01:23:19.440] specific committee.
[01:23:19.440 --> 01:23:21.120] I happen to do both.
[01:23:21.120 --> 01:23:25.840] So for judicial committee, we have one of our individuals,
[01:23:25.840 --> 01:23:28.400] I just saw him a little while ago out in the hallway.
[01:23:28.400 --> 01:23:31.040] He covers, I think he covers that committee.
[01:23:31.040 --> 01:23:31.880] Okay.
[01:23:33.080 --> 01:23:35.640] In relation to all this, all you folks up here on the hill
[01:23:35.640 --> 01:23:38.640] take a constitutional oath per article 16,
[01:23:38.640 --> 01:23:40.800] our article, yeah, article 16, section one,
[01:23:40.800 --> 01:23:42.020] Texas Constitution, right?
[01:23:42.020 --> 01:23:44.480] Your oath of office, what's known as the officer statement
[01:23:44.480 --> 01:23:45.320] of the law.
[01:23:45.320 --> 01:23:46.840] I'm a staff person, so.
[01:23:48.080 --> 01:23:51.360] Okay, you're neither elected nor appointed?
[01:23:51.360 --> 01:23:54.400] So you don't operate in an official state capacity at all?
[01:23:54.400 --> 01:23:57.400] Oh yes, I mean, I'm appointed by the speaker.
[01:23:57.400 --> 01:24:00.280] So I'm not an elected official.
[01:24:00.280 --> 01:24:02.880] But it doesn't say elected, it says elected or appointed.
[01:24:02.880 --> 01:24:06.240] All employees are subject to the laws of the state of Texas
[01:24:06.240 --> 01:24:08.640] and in the Constitution, so all state employees are.
[01:24:08.640 --> 01:24:11.080] So that, but I want to make sure you understood
[01:24:11.080 --> 01:24:14.280] that I'm not a house member.
[01:24:14.280 --> 01:24:15.760] I'm not one of the elected house members.
[01:24:15.760 --> 01:24:16.600] Right.
[01:24:16.600 --> 01:24:18.120] I'm staff for the speaker.
[01:24:18.120 --> 01:24:19.840] Right, and I understand that.
[01:24:19.840 --> 01:24:21.080] That part I was getting clear on.
[01:24:21.080 --> 01:24:24.280] I just wanted to make sure because it seems like
[01:24:25.160 --> 01:24:28.440] some of the problem is is that those that are in office
[01:24:28.440 --> 01:24:32.280] or work in government, period, can't seem to relate
[01:24:32.280 --> 01:24:35.080] where their duties must exist under the Constitution
[01:24:35.080 --> 01:24:38.240] and where they must comply with certain divisions of it.
[01:24:38.240 --> 01:24:39.640] And it just doesn't happen.
[01:24:39.640 --> 01:24:44.640] Okay, in that regard, first off, I am not an attorney,
[01:24:45.980 --> 01:24:47.660] though I am a student of law.
[01:24:47.660 --> 01:24:50.260] I have been studying law for a long, long time now.
[01:24:52.100 --> 01:24:54.700] I am a radio talk show host.
[01:24:54.700 --> 01:24:56.860] I am also a professional computer consultant.
[01:24:56.860 --> 01:24:59.420] That's what I do to actually earn a living.
[01:24:59.420 --> 01:25:02.140] Now, if you interface with the comptroller's office,
[01:25:02.140 --> 01:25:04.140] there's a good chance you may have seen a tort letter
[01:25:04.140 --> 01:25:06.100] that I sent to the comptroller's office
[01:25:06.100 --> 01:25:09.500] when they raided my business SWAT style in Nacogdoches
[01:25:09.500 --> 01:25:13.540] and stole all my property, but that's not why I'm here.
[01:25:15.420 --> 01:25:16.940] When was that?
[01:25:16.940 --> 01:25:20.100] In March of 2009.
[01:25:21.100 --> 01:25:24.820] Now, I can no longer sue them for the misdemeanor portions,
[01:25:24.820 --> 01:25:27.300] but I can still sue them for the felony portions,
[01:25:27.300 --> 01:25:28.900] and there were a number of those.
[01:25:28.900 --> 01:25:31.660] But again, that's not why I'm here.
[01:25:31.660 --> 01:25:34.100] What I'm here about is a code of criminal procedure
[01:25:34.100 --> 01:25:36.200] for the most part, okay?
[01:25:36.200 --> 01:25:39.960] Now, one of the things that we do on this radio talk show
[01:25:39.960 --> 01:25:41.900] is it's called the rule of law,
[01:25:41.900 --> 01:25:46.900] and what we do is we dissect the law
[01:25:47.200 --> 01:25:50.460] and we show people, okay, here's what the law says.
[01:25:50.460 --> 01:25:53.280] Here's where it does or does not comport itself
[01:25:53.280 --> 01:25:56.080] in compliance with the Constitution if and when it does,
[01:25:56.960 --> 01:26:00.880] and here is what we as citizens need to be doing
[01:26:00.880 --> 01:26:03.520] with our legislators and our representatives
[01:26:03.520 --> 01:26:06.140] to ensure that this gets corrected.
[01:26:06.140 --> 01:26:08.160] Because this is not allowed to happen.
[01:26:08.160 --> 01:26:11.080] When they act outside of the founding document,
[01:26:11.080 --> 01:26:13.200] then nothing else matters.
[01:26:13.200 --> 01:26:16.600] So given that, would you concur that in Texas,
[01:26:16.600 --> 01:26:19.780] outside of the federal constitutional mandate,
[01:26:19.780 --> 01:26:23.240] the Texas Constitution is the supreme law of land in Texas?
[01:26:23.240 --> 01:26:24.080] Certainly.
[01:26:24.080 --> 01:26:27.480] Okay, so anything written by the legislature
[01:26:27.480 --> 01:26:30.160] must comply with the provisions of that.
[01:26:30.160 --> 01:26:31.420] Right. Okay.
[01:26:31.420 --> 01:26:34.000] And do we also agree that the legislature
[01:26:34.000 --> 01:26:37.360] cannot pass any enactment whatsoever
[01:26:37.360 --> 01:26:40.520] that violates any provision pursuant
[01:26:40.520 --> 01:26:43.300] Article I, Section 29?
[01:26:43.300 --> 01:26:45.680] I would say that the legislature,
[01:26:45.680 --> 01:26:48.800] in any law that they pass, must be constitutional.
[01:26:48.800 --> 01:26:49.960] Okay.
[01:26:49.960 --> 01:26:52.040] All right, so.
[01:26:52.040 --> 01:26:53.920] If not, then it's subject to challenge.
[01:26:53.920 --> 01:26:54.920] Exactly.
[01:26:54.920 --> 01:26:56.920] Now, here's where the problem comes in.
[01:26:59.000 --> 01:27:01.040] We have our three distinct branches of government,
[01:27:01.040 --> 01:27:03.800] of course, legislative, judicial, and executive.
[01:27:03.800 --> 01:27:05.240] All right?
[01:27:05.240 --> 01:27:10.200] I have approximately three dozen plus
[01:27:10.200 --> 01:27:12.240] first blush issue arguments
[01:27:12.240 --> 01:27:14.400] that have never been tried in a court of law in Texas.
[01:27:14.400 --> 01:27:17.000] And if they have, they're unpublished opinions,
[01:27:17.000 --> 01:27:19.920] so no one can cite them or find them.
[01:27:19.920 --> 01:27:22.320] But there are several things in the code of criminal procedure
[01:27:22.320 --> 01:27:25.640] that do not appear to actually comply
[01:27:25.640 --> 01:27:28.060] with the Texas Constitution.
[01:27:28.060 --> 01:27:31.720] Now, I'll get into the specifics of that.
[01:27:31.720 --> 01:27:34.280] We have Article I, Section 10,
[01:27:34.280 --> 01:27:36.920] which says that in all criminal prosecutions,
[01:27:36.920 --> 01:27:40.320] the accused shall have the assistance of counsel
[01:27:40.320 --> 01:27:41.840] or representation by counsel
[01:27:41.840 --> 01:27:44.480] and has the right to be heard by themselves,
[01:27:44.480 --> 01:27:47.680] by counsel, or by both.
[01:27:47.680 --> 01:27:49.480] Now, one of the issues that this creates
[01:27:49.480 --> 01:27:52.000] is we have judges in Texas that are saying,
[01:27:52.000 --> 01:27:55.560] Texas does not recognize bifurcated representation
[01:27:55.560 --> 01:27:57.080] in court.
[01:27:57.080 --> 01:28:00.080] That does not jive with that constitutional language.
[01:28:00.080 --> 01:28:02.760] If the person has the right to be heard by themselves,
[01:28:02.760 --> 01:28:04.880] by counsel, or by both,
[01:28:04.880 --> 01:28:07.040] then they have the right to speak on their own behalf
[01:28:07.040 --> 01:28:09.360] and to file on their own behalf in a court of law
[01:28:09.360 --> 01:28:11.920] when the trial involves them.
[01:28:11.920 --> 01:28:15.940] But right now, people are being denied that right.
[01:28:15.940 --> 01:28:19.220] And when they're denied that right, what happens next?
[01:28:19.220 --> 01:28:21.840] Their attorney throws them under the bus
[01:28:21.840 --> 01:28:24.240] because the person's not allowed to file anything
[01:28:24.240 --> 01:28:25.560] in their own behalf.
[01:28:25.560 --> 01:28:28.600] The attorney will not do what the individual tells them
[01:28:28.600 --> 01:28:31.000] they want done on their own behalf
[01:28:31.000 --> 01:28:33.000] and basically just does what will keep him
[01:28:33.000 --> 01:28:34.720] in the best graces of the court.
[01:28:38.080 --> 01:28:41.240] Now, that in and of itself is a serious problem.
[01:28:41.240 --> 01:28:43.560] And I could get into an area dealing with attorneys.
[01:28:43.560 --> 01:28:45.680] I know you wouldn't like it,
[01:28:45.680 --> 01:28:47.780] but all I'd be doing is citing exactly
[01:28:47.780 --> 01:28:49.960] what the Texas Constitution
[01:28:49.960 --> 01:28:52.840] and what the laws of the state currently say.
[01:28:52.840 --> 01:28:55.160] And it creates a very big problem
[01:28:55.160 --> 01:28:57.720] for attorneys in general in Texas.
[01:28:57.720 --> 01:29:00.340] But again, not the main reason I'm here.
[01:29:01.580 --> 01:29:02.640] What we're dealing with here,
[01:29:02.640 --> 01:29:05.240] besides just the issue of counsel
[01:29:05.240 --> 01:29:06.560] that will not actually work
[01:29:06.560 --> 01:29:09.560] in the best interest of their client,
[01:29:09.560 --> 01:29:12.500] are judges that ignore their ministerial duties
[01:29:12.500 --> 01:29:13.420] under the law.
[01:29:14.560 --> 01:29:17.640] Now, one of the perfect examples of this
[01:29:17.640 --> 01:29:19.440] is if my phone rings, I'm sorry,
[01:29:19.440 --> 01:29:21.820] but I'll tell you why it's liable to ring.
[01:29:21.820 --> 01:29:23.160] I have an elderly friend of mine
[01:29:23.160 --> 01:29:26.160] over in Nacogdoches where I'm actually from.
[01:29:26.160 --> 01:29:27.760] Now, he got a speeding ticket
[01:29:27.760 --> 01:29:29.280] in the municipality of Dybball.
[01:29:30.280 --> 01:29:31.860] Now, that in and of itself,
[01:29:31.860 --> 01:29:34.320] according to state law, is a slight problem.
[01:29:34.320 --> 01:29:36.880] But be that as it may,
[01:29:36.880 --> 01:29:38.880] when this individual appears in court,
[01:29:38.880 --> 01:29:42.300] the court is required by law to do certain things.
[01:29:42.300 --> 01:29:45.160] The lower courts are not doing those things.
[01:29:45.160 --> 01:29:49.480] In fact, they are absolutely refusing to do those things.
[01:29:49.480 --> 01:29:51.520] And what I mean specifically is
[01:29:52.680 --> 01:29:54.560] they are not providing an examining trial
[01:29:54.560 --> 01:29:55.880] because the lower courts are saying
[01:29:55.880 --> 01:29:57.880] it was only applying the case of felonies.
[01:29:57.880 --> 01:29:59.400] Texas law does not say that.
[01:29:59.400 --> 01:30:01.360] No word does Texas law say that.
[01:30:01.360 --> 01:30:03.480] In fact, when you go through this,
[01:30:03.480 --> 01:30:07.440] it shows very clearly that both in the Constitution
[01:30:07.440 --> 01:30:10.340] and in the statutes, that the county attorney
[01:30:10.340 --> 01:30:12.760] is supposed to be representing the state
[01:30:12.760 --> 01:30:15.360] in the inferior courts within his county
[01:30:15.360 --> 01:30:20.360] for any case that is under examination or at trial.
[01:30:22.600 --> 01:30:25.280] Now, if it's an inferior court within his county,
[01:30:25.280 --> 01:30:26.680] that means it's not a felony
[01:30:27.560 --> 01:30:29.880] because the county courts don't hear felonies.
[01:30:29.880 --> 01:30:31.480] They're A and B misdemeanors.
[01:30:31.480 --> 01:30:33.000] And all the courts inferior to that
[01:30:33.000 --> 01:30:34.820] are Class C misdemeanors.
[01:30:34.820 --> 01:30:38.080] The district court is the only one that hears felonies.
[01:30:38.080 --> 01:30:40.320] So if the county attorney is supposed to be
[01:30:40.320 --> 01:30:42.720] representing the state in these courts
[01:30:42.720 --> 01:30:44.860] below the level of district court,
[01:30:44.860 --> 01:30:48.360] when the case is under examination before a magistrate,
[01:30:48.360 --> 01:30:49.880] why isn't it being done?
[01:30:49.880 --> 01:30:51.760] Now, that's just one of several things
[01:30:51.760 --> 01:30:55.440] that shows that an examining trial is required.
[01:30:55.440 --> 01:30:59.080] You also have the provisions of Chapter 543,
[01:30:59.080 --> 01:31:03.680] specifically 543.002, Texas Transportation Code,
[01:31:04.880 --> 01:31:07.600] which says that when an individual that has been arrested
[01:31:07.600 --> 01:31:09.840] for the purpose of the issuance of the citation
[01:31:09.840 --> 01:31:11.840] either refuses to sign the citation
[01:31:11.840 --> 01:31:14.960] or demands an immediate appearance before a magistrate,
[01:31:14.960 --> 01:31:16.880] their night's not being done.
[01:31:16.880 --> 01:31:19.780] The police officer is instead taking the individual
[01:31:19.780 --> 01:31:21.700] directly to a jail cell, booking him in,
[01:31:21.700 --> 01:31:22.800] and leaving him there.
[01:31:23.660 --> 01:31:26.620] Now, that's a direct violation of Texas law.
[01:31:26.620 --> 01:31:29.720] You have 543 that says the person is to be taken
[01:31:29.720 --> 01:31:32.760] immediately before a magistrate.
[01:31:32.760 --> 01:31:35.500] And then you have 1406A,
[01:31:35.500 --> 01:31:39.200] which says to be taken without unnecessary delay
[01:31:39.200 --> 01:31:42.120] but no later than 48 hours
[01:31:43.520 --> 01:31:46.400] before a magistrate that is able to
[01:31:46.400 --> 01:31:51.360] provide the information and inform the individual
[01:31:51.360 --> 01:31:55.660] of their rights pursuant 15.17 code of criminal procedure.
[01:31:56.520 --> 01:32:00.440] So 15 or 543 is in perimateria
[01:32:00.440 --> 01:32:04.060] to 14.06B and C directly
[01:32:05.100 --> 01:32:07.880] because it deals with the issuance of a citation
[01:32:07.880 --> 01:32:11.200] in lieu of taking an individual before a magistrate.
[01:32:12.960 --> 01:32:14.500] Okay?
[01:32:14.500 --> 01:32:19.000] Now, what these magistrates are doing
[01:32:19.000 --> 01:32:21.800] is when you go into the steps and procedures of this,
[01:32:21.800 --> 01:32:25.200] you go into arrest without warrant, which is chapter 14,
[01:32:25.200 --> 01:32:28.740] and you've got arrest under warrant, which is chapter 15.
[01:32:28.740 --> 01:32:32.000] 15.17 falls under arrest with warrant.
[01:32:32.000 --> 01:32:37.000] However, 14.06 says that 15.17 is to be done
[01:32:38.960 --> 01:32:42.060] once the individual that was arrested without a warrant
[01:32:42.060 --> 01:32:44.280] is brought before the magistrate.
[01:32:44.280 --> 01:32:45.760] That isn't being done.
[01:32:46.760 --> 01:32:49.960] Then you have 15.17 subsection G,
[01:32:49.960 --> 01:32:52.300] which says very clearly
[01:32:52.300 --> 01:32:55.300] that if an individual appears before the court
[01:32:55.300 --> 01:32:57.520] in compliance with a promise to appear
[01:32:57.520 --> 01:33:02.040] issued under 14.06B or C,
[01:33:02.040 --> 01:33:05.880] the magistrate shall perform the duties of this section
[01:33:05.880 --> 01:33:09.320] or this article, meaning 15.17 in its entirety.
[01:33:09.320 --> 01:33:11.140] Again, never done.
[01:33:11.140 --> 01:33:15.500] They are denying the examining trial.
[01:33:15.500 --> 01:33:19.060] They are denying a written order to appear for arraignment.
[01:33:19.060 --> 01:33:21.260] They are denying a set date and time
[01:33:21.260 --> 01:33:24.100] for the individual to appear for arraignment.
[01:33:24.100 --> 01:33:26.940] And then when the individual refuses to enter a plea
[01:33:26.940 --> 01:33:28.820] because this is not an arraignment
[01:33:28.820 --> 01:33:32.240] that they're being brought before the magistrate for,
[01:33:32.240 --> 01:33:34.460] and of course, I don't know how familiar you are with it,
[01:33:34.460 --> 01:33:36.660] but chapter 45 code of criminal procedure
[01:33:36.660 --> 01:33:39.620] deals with justice in municipal courts.
[01:33:39.620 --> 01:33:41.220] And in there, it says very clearly
[01:33:41.220 --> 01:33:42.940] that a plea is to be entered
[01:33:42.940 --> 01:33:45.980] upon the impaneling of the jury.
[01:33:48.060 --> 01:33:51.700] So why is the individual being forced to enter a plea
[01:33:51.700 --> 01:33:53.700] way up here at this initial appearance,
[01:33:53.700 --> 01:33:55.740] which Texas calls the magistration
[01:33:55.740 --> 01:33:58.360] because there was no name given to it in statute,
[01:33:59.460 --> 01:34:02.920] why are they doing nothing this requires them to do?
[01:34:05.260 --> 01:34:07.540] And leaving this individual trying to enter a plea
[01:34:07.540 --> 01:34:10.060] when there is no criminal complaint in existence,
[01:34:10.060 --> 01:34:12.540] so there's no issue before the court at all.
[01:34:12.540 --> 01:34:13.900] Without that criminal complaint,
[01:34:13.900 --> 01:34:15.340] the court can't do anything.
[01:34:16.440 --> 01:34:20.180] The other problem is 2.05 code of criminal procedure
[01:34:20.180 --> 01:34:23.440] and 27.01 code of criminal procedure.
[01:34:23.440 --> 01:34:26.420] 27.01, the primary pleadings of the state
[01:34:26.420 --> 01:34:29.740] in any criminal prosecution is an indictment or information.
[01:34:29.740 --> 01:34:33.460] Doesn't say complaint, it's an indictment or information.
[01:34:33.460 --> 01:34:35.980] 2.05 code of criminal procedure.
[01:34:35.980 --> 01:34:39.260] In a county having no district attorney,
[01:34:39.260 --> 01:34:41.840] the county attorney shall represent the state
[01:34:41.840 --> 01:34:43.580] and the county attorney may proceed
[01:34:43.580 --> 01:34:45.500] or if the county has no county attorney,
[01:34:45.500 --> 01:34:48.500] let me get it, I'll just do it correctly.
[01:34:48.500 --> 01:34:50.060] I'll read it to you verbatim
[01:34:51.260 --> 01:34:52.940] because I don't want to get this wrong
[01:34:52.940 --> 01:34:56.180] because I want you to see exactly where the issue is.
[01:34:59.100 --> 01:35:01.520] Okay, when complaint is made,
[01:35:01.520 --> 01:35:06.080] now right there, that tells us there needs to be a complaint.
[01:35:06.080 --> 01:35:07.620] If the offense be a misdemeanor,
[01:35:07.620 --> 01:35:10.320] the attorney shall forthwith prepare an information
[01:35:10.320 --> 01:35:12.580] based upon such complaint and file the same
[01:35:12.580 --> 01:35:14.180] in the court having jurisdiction,
[01:35:14.180 --> 01:35:17.940] provided that in counties having no county attorney,
[01:35:17.940 --> 01:35:22.160] misdemeanor cases may be tried upon complaint alone
[01:35:22.160 --> 01:35:24.380] without an information.
[01:35:24.380 --> 01:35:27.220] Provided, however, in counties having
[01:35:27.220 --> 01:35:29.260] one or more criminal district courts,
[01:35:29.260 --> 01:35:33.940] an information must be filed in each misdemeanor case.
[01:35:33.940 --> 01:35:35.780] Now there's no ambiguity there.
[01:35:36.700 --> 01:35:38.860] There's only one problem and that is saying
[01:35:38.860 --> 01:35:40.740] that if there is no county attorney
[01:35:40.740 --> 01:35:42.820] that they can proceed upon complaint alone,
[01:35:42.820 --> 01:35:45.000] Texas Constitution doesn't allow that.
[01:35:45.000 --> 01:35:48.220] Article five, section 12, bravo, okay?
[01:35:48.220 --> 01:35:50.380] An indictment or information vest the court
[01:35:50.380 --> 01:35:52.780] with jurisdiction of the cause.
[01:35:52.780 --> 01:35:54.380] Again, doesn't say complaint,
[01:35:54.380 --> 01:35:56.380] it says an indictment or information
[01:35:56.380 --> 01:36:01.380] vest the court with jurisdiction.
[01:36:01.380 --> 01:36:03.700] There is no authority granted to the legislature
[01:36:03.700 --> 01:36:06.580] to create an entirely new charging instrument
[01:36:06.580 --> 01:36:08.300] in the Texas Constitution.
[01:36:08.300 --> 01:36:09.340] Doesn't exist.
[01:36:10.300 --> 01:36:13.260] In fact, the word complaint doesn't exist
[01:36:13.260 --> 01:36:14.620] for that reference of any kind
[01:36:14.620 --> 01:36:18.480] within the Texas Constitution, okay?
[01:36:18.480 --> 01:36:22.380] Now, municipal courts by law
[01:36:22.380 --> 01:36:25.540] are not filing these informations.
[01:36:25.540 --> 01:36:26.900] You know why?
[01:36:26.900 --> 01:36:29.300] Because only two people can sign an information
[01:36:29.300 --> 01:36:32.420] in Texas, a county or district attorney.
[01:36:32.420 --> 01:36:36.420] A city attorney cannot do it, okay?
[01:36:36.420 --> 01:36:39.620] Now, the statutes give the municipal court
[01:36:39.620 --> 01:36:43.040] concurrent jurisdiction with the justice courts
[01:36:43.040 --> 01:36:45.740] relating to state law, fine-only offenses
[01:36:45.740 --> 01:36:49.660] punishable by $500 or less, correct?
[01:36:49.660 --> 01:36:54.660] Okay, now, even though the court itself
[01:36:54.660 --> 01:36:57.780] has jurisdiction to hear the case,
[01:36:57.780 --> 01:37:00.740] that does not automatically grant the city attorney
[01:37:00.740 --> 01:37:03.420] the authority to prosecute in the name of the state
[01:37:03.420 --> 01:37:04.900] for that case.
[01:37:04.900 --> 01:37:07.620] Because again, Texas Constitution says
[01:37:07.620 --> 01:37:09.580] there are only two elected officials
[01:37:09.580 --> 01:37:11.820] that may operate as attorneys for the state,
[01:37:11.820 --> 01:37:14.360] again, the county and district attorney.
[01:37:14.360 --> 01:37:16.620] So where is the legal authority
[01:37:16.620 --> 01:37:18.640] ever created in the Constitution
[01:37:18.640 --> 01:37:21.440] to allow a city attorney who has no oath of office,
[01:37:21.440 --> 01:37:23.100] no anti-bribery statement,
[01:37:23.100 --> 01:37:26.980] and no bond of any kind to represent the state
[01:37:26.980 --> 01:37:29.380] against one of the people in a corporation court?
[01:37:30.580 --> 01:37:32.140] How is that even possible?
[01:37:33.620 --> 01:37:37.980] Okay, now, since there's no charging instrument
[01:37:37.980 --> 01:37:39.820] that vests the court with jurisdiction,
[01:37:39.820 --> 01:37:41.700] this is an illegal prosecution.
[01:37:41.700 --> 01:37:43.940] There's no other way to look at it.
[01:37:43.940 --> 01:37:45.820] He doesn't have the authority to prosecute
[01:37:45.820 --> 01:37:46.980] in the name of the state.
[01:37:46.980 --> 01:37:49.580] The judge is required to know the law
[01:37:49.580 --> 01:37:52.340] and know he can't prosecute in the name of the state,
[01:37:52.340 --> 01:37:56.020] yet conspires to keep him in place to do exactly that.
[01:37:56.020 --> 01:38:01.020] We're talking a trained setup of felonies and misdemeanors
[01:38:01.560 --> 01:38:03.180] these people are committing.
[01:38:03.180 --> 01:38:04.620] You have a city attorney
[01:38:04.620 --> 01:38:08.380] who is impersonating a public servant, okay?
[01:38:08.380 --> 01:38:10.420] When he's acting as an attorney for the state,
[01:38:10.420 --> 01:38:12.820] he is impersonating a county or district attorney.
[01:38:12.820 --> 01:38:15.300] No ifs, no ands, no buts.
[01:38:15.300 --> 01:38:17.220] When the judge is aware he's doing this
[01:38:17.220 --> 01:38:20.760] and allows him to do it and covers for him to do it,
[01:38:20.760 --> 01:38:22.440] the judge is aiding and abetting,
[01:38:22.440 --> 01:38:24.140] and it's criminal conspiracy.
[01:38:24.140 --> 01:38:26.100] It's also abuse of official capacity
[01:38:26.100 --> 01:38:29.660] and official oppression, all right?
[01:38:29.660 --> 01:38:34.580] My friend, when anyone, now just so you know,
[01:38:34.580 --> 01:38:38.620] my specialty in Texas law besides the misdemeanor
[01:38:38.620 --> 01:38:42.060] due process setup is Texas traffic law, okay?
[01:38:43.220 --> 01:38:46.700] One of the things you will find is that the lower courts
[01:38:46.700 --> 01:38:49.580] refuse to provide a copy of the information
[01:38:49.580 --> 01:38:53.820] in the court file to the individual before the date of trial.
[01:38:53.820 --> 01:38:55.860] That again is a violation of not only
[01:38:55.860 --> 01:38:58.200] their due process right to be informed,
[01:38:58.200 --> 01:39:00.700] but it's a violation of their right in the Constitution
[01:39:00.700 --> 01:39:03.900] to have a copy of the nature and cause in writing.
[01:39:05.420 --> 01:39:10.260] And 45.018 code of criminal procedure says very clearly
[01:39:10.260 --> 01:39:12.900] that a defendant is entitled to,
[01:39:12.900 --> 01:39:15.120] and as you know chapter 311 government code
[01:39:15.120 --> 01:39:18.340] defines the phrase is entitled to as,
[01:39:18.340 --> 01:39:23.060] creates or recognizes a right, okay?
[01:39:23.060 --> 01:39:28.060] So if it's a right, it cannot be arbitrarily denied, okay?
[01:39:28.780 --> 01:39:33.780] Now, the defendant has a right to a copy
[01:39:35.300 --> 01:39:39.620] of the nature and cause in writing prior to any proceeding
[01:39:39.620 --> 01:39:42.800] in the prosecution of the case under that complaint.
[01:39:44.120 --> 01:39:46.740] And yet my friend who asked these people
[01:39:46.740 --> 01:39:49.020] to give him a copy of what was in his court record,
[01:39:49.020 --> 01:39:50.580] and so have the three dozen people
[01:39:50.580 --> 01:39:54.900] I've helped beat traffic tickets here in Austin, okay?
[01:39:54.900 --> 01:39:58.220] They go to the clerk, they ask for this information,
[01:39:58.220 --> 01:40:00.060] and the clerk refuses to give it to them.
[01:40:00.060 --> 01:40:01.820] Now correct me if I'm wrong,
[01:40:01.820 --> 01:40:05.340] but court records are public records.
[01:40:05.340 --> 01:40:08.020] The court or the clerk can't refuse
[01:40:08.020 --> 01:40:10.340] to give them a copy of what's in that record,
[01:40:10.340 --> 01:40:13.420] or to even let them look at it, but they do it.
[01:40:13.420 --> 01:40:15.780] The only thing the court can prevent
[01:40:15.780 --> 01:40:18.700] from being given out or even appearing in the record
[01:40:18.700 --> 01:40:21.080] is an unexecuted warrant.
[01:40:21.080 --> 01:40:23.280] Everything else is supposed to be in there.
[01:40:24.420 --> 01:40:26.420] But my friend goes and looks at the record.
[01:40:26.420 --> 01:40:29.180] There's no criminal complaint in this case.
[01:40:29.180 --> 01:40:31.580] They've summoned him to court, and the law's very clear.
[01:40:31.580 --> 01:40:35.440] There are only seven specific things
[01:40:35.440 --> 01:40:37.980] that a court can summon you to appear for,
[01:40:37.980 --> 01:40:40.960] and a docket call when there's no issue before the court
[01:40:40.960 --> 01:40:42.460] certainly isn't one of them.
[01:40:42.460 --> 01:40:45.100] But that's what they had him drive
[01:40:45.100 --> 01:40:48.660] all the way to die ball for, for a docket call.
[01:40:48.660 --> 01:40:50.460] Then they wanted him to enter a plea
[01:40:50.460 --> 01:40:51.860] when there's no complaint.
[01:40:52.740 --> 01:40:56.560] Now Texas law 27.014D is in delta.
[01:40:57.440 --> 01:41:00.180] The legislature has tried to circumvent
[01:41:00.180 --> 01:41:03.380] the Texas Constitution in a very unacceptable way.
[01:41:04.880 --> 01:41:09.880] 27.14D, if written notice of an offense
[01:41:09.880 --> 01:41:13.040] for which maximum possible punishment
[01:41:13.040 --> 01:41:16.400] is by fine only or of a violation
[01:41:16.400 --> 01:41:18.640] relating to the manner, time, and place of parking
[01:41:18.640 --> 01:41:21.260] has been prepared, delivered, and filed with the court,
[01:41:21.260 --> 01:41:23.440] and a legible duplicate copy has been given
[01:41:23.440 --> 01:41:26.400] to the defendant, the written notice serves
[01:41:26.400 --> 01:41:28.520] as a complaint to which the defendant
[01:41:28.520 --> 01:41:31.800] may plead guilty, not guilty, or no no contender.
[01:41:31.800 --> 01:41:33.640] Absolutely not.
[01:41:33.640 --> 01:41:36.320] Chapter 45 says very clearly that a complaint
[01:41:36.320 --> 01:41:40.320] must be sworn and verified, the citation
[01:41:40.320 --> 01:41:43.160] is neither sworn nor verified.
[01:41:43.160 --> 01:41:45.300] It cannot serve as a complaint.
[01:41:46.480 --> 01:41:50.120] Now, not only that, if the defendant
[01:41:50.120 --> 01:41:53.000] pleads not guilty to the offense,
[01:41:53.000 --> 01:41:56.140] a complaint shall be filed that conforms
[01:41:56.140 --> 01:41:58.900] to the requirements of chapter 45 of this code,
[01:41:58.900 --> 01:42:02.480] and that complaint serves as an original complaint.
[01:42:02.480 --> 01:42:06.480] Now, just exactly how do you take a plea
[01:42:06.480 --> 01:42:09.000] of anything from somebody when the court
[01:42:09.000 --> 01:42:13.240] lacks jurisdiction because there is no charging instrument?
[01:42:13.240 --> 01:42:14.520] How do they take a plea?
[01:42:15.640 --> 01:42:17.920] And then on top of that, how can the court
[01:42:17.920 --> 01:42:19.720] get a charging instrument when there's
[01:42:19.720 --> 01:42:21.920] no complaint to base it on?
[01:42:21.920 --> 01:42:24.160] Because the charging instrument can't exist
[01:42:24.160 --> 01:42:26.260] without a signed and sworn complaint.
[01:42:26.260 --> 01:42:31.260] So how do you get from A to C and ignore B?
[01:42:33.620 --> 01:42:36.120] Yet that's exactly what's been done here.
[01:42:37.900 --> 01:42:41.260] Now, on top of this, you have the denial
[01:42:41.260 --> 01:42:42.680] of assistance of counsel.
[01:42:43.620 --> 01:42:47.420] Now, Texas Constitution doesn't miss any words.
[01:42:47.420 --> 01:42:51.520] We put in that as the people that in all
[01:42:51.520 --> 01:42:55.060] criminal prosecutions, the accused shall have
[01:42:55.060 --> 01:42:58.040] the right, okay?
[01:42:58.940 --> 01:43:03.940] So where then does the legislature in 26.04
[01:43:04.260 --> 01:43:08.380] garner the right to deny assistance of counsel
[01:43:08.380 --> 01:43:12.140] simply because the offense charged in a criminal mode
[01:43:12.140 --> 01:43:15.580] is a class C misdemeanor, using the excuse
[01:43:15.580 --> 01:43:18.120] that because it doesn't involve confinement,
[01:43:18.120 --> 01:43:20.340] assistance of counsel is not a right?
[01:43:20.340 --> 01:43:25.200] The Constitution doesn't say that, nor does 1.05
[01:43:25.200 --> 01:43:27.640] or 1.051 code of criminal procedure,
[01:43:27.640 --> 01:43:29.380] which is the codification of that part
[01:43:29.380 --> 01:43:30.720] of the Texas Constitution.
[01:43:32.080 --> 01:43:35.040] They both say in all criminal prosecutions
[01:43:35.040 --> 01:43:37.000] the right to assistance of counsel.
[01:43:38.280 --> 01:43:40.420] And yet the judge will tell you very quickly,
[01:43:40.420 --> 01:43:41.720] oh, we're not gonna give you counsel.
[01:43:41.720 --> 01:43:43.720] You want an attorney, you hire one.
[01:43:43.720 --> 01:43:47.340] Yet 1517, the part they're completely refusing to do
[01:43:47.340 --> 01:43:51.600] stands very clearly, that judge must make a determination
[01:43:51.600 --> 01:43:53.360] of whether or not that individual wishes
[01:43:53.360 --> 01:43:57.440] assistance of counsel, he must make a determination
[01:43:57.440 --> 01:44:02.240] of indigency if that individual cannot afford counsel,
[01:44:02.240 --> 01:44:05.120] and he must appoint counsel as appropriate.
[01:44:06.100 --> 01:44:10.040] Now here's the problem, the United States Supreme Court,
[01:44:10.040 --> 01:44:14.160] okay, Roth Gary versus Gillespie County, 2008,
[01:44:14.160 --> 01:44:18.160] said very clearly that the Texas magistration process
[01:44:18.160 --> 01:44:21.360] violates the United States Constitution
[01:44:21.360 --> 01:44:24.360] because it does not provide assistance of counsel
[01:44:24.360 --> 01:44:28.280] at the adversarial hearing initiated under that proceeding.
[01:44:30.080 --> 01:44:31.640] They're given none.
[01:44:31.640 --> 01:44:33.700] They're made to fend for themselves.
[01:44:33.700 --> 01:44:36.600] And then the judge says, well, since you chose
[01:44:36.600 --> 01:44:38.880] not to have counsel, you're gonna be held
[01:44:38.880 --> 01:44:41.880] to the same criteria as an attorney,
[01:44:41.880 --> 01:44:45.480] which again, the court cannot do, okay?
[01:44:45.480 --> 01:44:48.120] Plenty of federal case law on that issue.
[01:44:48.120 --> 01:44:51.140] The court cannot hold an untrained individual
[01:44:51.140 --> 01:44:54.200] to the same level of knowledge and expertise
[01:44:54.200 --> 01:44:56.760] as a certified attorney.
[01:44:57.940 --> 01:45:02.160] Yet that's what these lower court judges are doing, okay?
[01:45:03.500 --> 01:45:08.080] Now, if you go into 1517 a little bit further,
[01:45:08.080 --> 01:45:11.560] you get down, besides, once they do this,
[01:45:11.560 --> 01:45:14.160] 1517 under the assistance of counsel says
[01:45:14.160 --> 01:45:18.120] that if they are in a court, and what it references there,
[01:45:18.120 --> 01:45:22.400] when it says in a court below the level of county court,
[01:45:22.400 --> 01:45:24.080] which leaves only, of course,
[01:45:24.080 --> 01:45:25.680] the justice and municipal courts,
[01:45:27.080 --> 01:45:31.280] then those judges cannot make a determination
[01:45:31.280 --> 01:45:32.720] for appointment of counsel.
[01:45:32.720 --> 01:45:36.640] 1517 says those judges are required
[01:45:36.640 --> 01:45:39.380] to take all the paperwork the individual filled out
[01:45:39.380 --> 01:45:43.040] during the 1517 proceeding and forward it to a judge
[01:45:43.040 --> 01:45:45.920] of a county or district court for determination
[01:45:45.920 --> 01:45:47.480] of the appointment of counsel.
[01:45:47.480 --> 01:45:50.960] They don't do that either, okay?
[01:45:52.380 --> 01:45:55.500] Then 1517B, once they've gone through
[01:45:55.500 --> 01:45:57.920] and informed the individual of their rights,
[01:45:57.920 --> 01:46:00.440] asked if they require assistance of counsel,
[01:46:00.440 --> 01:46:03.960] made the determination of indigency, okay,
[01:46:03.960 --> 01:46:07.960] and told them when they would need to appear
[01:46:07.960 --> 01:46:11.760] for the purpose of their right to an examining trial,
[01:46:11.760 --> 01:46:14.920] and then when to appear for that examining trial.
[01:46:14.920 --> 01:46:17.400] Now, 1517 is very clear.
[01:46:17.400 --> 01:46:21.280] Notify the individual of their right to an examining trial.
[01:46:21.280 --> 01:46:24.960] It doesn't say notify felons of their right
[01:46:24.960 --> 01:46:26.880] to an examining trial.
[01:46:26.880 --> 01:46:29.720] They're simply going off 26.01,
[01:46:29.720 --> 01:46:32.500] which says that those charged with a felony
[01:46:32.500 --> 01:46:37.120] have an absolute right to have that done
[01:46:37.120 --> 01:46:38.560] prior to an indictment.
[01:46:38.560 --> 01:46:40.360] An examining trial must be performed
[01:46:40.360 --> 01:46:43.800] prior to an indictment, but that language in no way
[01:46:43.800 --> 01:46:46.240] limits the application of an examining trial
[01:46:46.240 --> 01:46:49.280] to any other class of offense.
[01:46:49.280 --> 01:46:51.760] It simply says that in the case of a felony,
[01:46:51.760 --> 01:46:56.760] this is an absolute right, okay?
[01:46:56.840 --> 01:47:00.320] Now, once they get through those parts of 1517A,
[01:47:00.320 --> 01:47:01.760] you get to B.
[01:47:01.760 --> 01:47:06.760] In B, the judge is required to make a written order
[01:47:06.760 --> 01:47:09.880] and the judge is required to sign that order.
[01:47:09.880 --> 01:47:12.560] That order must direct the accused
[01:47:12.560 --> 01:47:15.880] when to appear at a later date in another court
[01:47:15.880 --> 01:47:18.640] for the purpose of arraignment.
[01:47:18.640 --> 01:47:20.640] Again, never happens.
[01:47:20.640 --> 01:47:22.440] Your first appearance before the court
[01:47:22.440 --> 01:47:24.620] is treated as an arraignment.
[01:47:25.560 --> 01:47:28.860] It is a complete and total denial of due process.
[01:47:28.860 --> 01:47:32.580] It is a violation of a ministerial duty under Texas law.
[01:47:32.580 --> 01:47:34.840] The judge does not get to pick and choose
[01:47:34.840 --> 01:47:37.880] what he does under the law when it's a ministerial duty.
[01:47:38.960 --> 01:47:42.580] He's required to do it, period, and he's not.
[01:47:43.520 --> 01:47:45.680] Now, what this is going to amount to
[01:47:45.680 --> 01:47:48.320] is these judges are setting up their municipalities
[01:47:48.320 --> 01:47:50.860] and their counties for major lawsuits.
[01:47:53.080 --> 01:47:55.720] And you know how I'm aware of this?
[01:47:55.720 --> 01:47:59.000] Because I plan on being one of them that files one.
[01:47:59.000 --> 01:48:02.520] And I'm going to teach other people how to file them.
[01:48:02.520 --> 01:48:04.880] Because this is the only recourse left to us
[01:48:04.880 --> 01:48:06.640] to get this stuff corrected.
[01:48:06.640 --> 01:48:09.880] The judges refuse to do what the law says.
[01:48:09.880 --> 01:48:10.880] They're omnipotent.
[01:48:10.880 --> 01:48:11.720] Just ask them.
[01:48:13.760 --> 01:48:14.600] All right.
[01:48:17.160 --> 01:48:20.640] But 1517 makes it very, very clear
[01:48:20.640 --> 01:48:22.560] what he's required to do.
[01:48:22.560 --> 01:48:24.560] Now, 1517 is long.
[01:48:24.560 --> 01:48:27.820] As I'm sure you're aware, it's a pretty long section.
[01:48:27.820 --> 01:48:31.360] Okay, takes up a page and a half all by itself.
[01:48:31.360 --> 01:48:35.280] But what most people don't look at is 1517
[01:48:35.280 --> 01:48:38.360] is a special statute that was put together
[01:48:38.360 --> 01:48:41.400] and tried to encompass all of the procedures
[01:48:41.400 --> 01:48:44.720] that are in chapter 16 and chapter 17
[01:48:44.720 --> 01:48:46.640] of the Code of Criminal Procedure.
[01:48:46.640 --> 01:48:48.920] The legislature, in their infinite wisdom,
[01:48:48.920 --> 01:48:52.640] rather than saying the procedures of chapter 16 section
[01:48:52.640 --> 01:48:54.360] article blah, blah, blah, through blah, blah, blah
[01:48:54.360 --> 01:48:58.500] shall be performed, tried to summarize those procedures
[01:48:58.500 --> 01:48:59.340] in 1517A.
[01:48:59.340 --> 01:49:02.520] That's why it's as long as it is.
[01:49:02.520 --> 01:49:04.600] Same thing with the setting of bond or bail
[01:49:04.600 --> 01:49:08.120] out of chapter 17 in 1517.
[01:49:08.120 --> 01:49:10.120] All those procedures are in paramateria
[01:49:10.120 --> 01:49:11.600] to those two chapters.
[01:49:11.600 --> 01:49:14.080] Again, chapters the judges don't use.
[01:49:15.360 --> 01:49:18.320] Now, while we're on the issue of bond here
[01:49:18.320 --> 01:49:21.640] for just a second, Texas law makes it very clear
[01:49:21.640 --> 01:49:25.240] an individual is allowed, it is a right
[01:49:25.240 --> 01:49:26.600] to post a surety bond.
[01:49:26.600 --> 01:49:30.880] The judge is not allowed to say yes or no
[01:49:30.880 --> 01:49:33.280] to a surety bond or deny them the right
[01:49:33.280 --> 01:49:34.880] to post a surety bond.
[01:49:34.880 --> 01:49:37.360] In other words, two good signatories
[01:49:37.360 --> 01:49:39.880] that certify they are worth the value
[01:49:39.880 --> 01:49:42.840] of the fines to be assessed and they sign
[01:49:42.840 --> 01:49:45.520] on the dotted line as being responsible.
[01:49:45.520 --> 01:49:48.520] End of story, no money changes hands
[01:49:48.520 --> 01:49:51.160] and the judge has no recourse but to accept it
[01:49:51.160 --> 01:49:53.800] if he gets those two good suretys.
[01:49:53.800 --> 01:49:55.500] However, the judges will tell the defendants,
[01:49:55.500 --> 01:49:58.440] no, you will post a cash bond or you won't
[01:49:58.440 --> 01:50:00.960] get bond and you'll go to jail.
[01:50:00.960 --> 01:50:04.360] Now, let's analyze that for a second.
[01:50:04.360 --> 01:50:06.500] We're talking about a fine only offense
[01:50:06.500 --> 01:50:09.120] which the law says very clearly cannot
[01:50:09.120 --> 01:50:11.860] include incarceration as a part of the punishment.
[01:50:13.080 --> 01:50:16.800] If you cannot sentence me to jail
[01:50:16.800 --> 01:50:19.280] as a part of the punishment, then where
[01:50:19.280 --> 01:50:22.440] does anybody get the right to throw me in jail
[01:50:22.440 --> 01:50:25.520] while I wait to go to trial for something
[01:50:25.520 --> 01:50:27.900] you can't even send me to jail for?
[01:50:28.920 --> 01:50:31.120] There's another slight problem with that.
[01:50:32.180 --> 01:50:33.760] And then tell me that if I'm not willing
[01:50:33.760 --> 01:50:37.160] to give you cash instead of exercising my right
[01:50:37.160 --> 01:50:39.080] to a surety bond, that's exactly what's
[01:50:39.080 --> 01:50:40.180] gonna happen to me.
[01:50:41.920 --> 01:50:43.800] And it's exactly what they do.
[01:50:44.880 --> 01:50:46.600] Can I interrupt for a second?
[01:50:46.600 --> 01:50:48.440] So what is your ultimate goal?
[01:50:49.520 --> 01:50:51.160] What is my ultimate goal?
[01:50:51.160 --> 01:50:54.160] To restore due process, to have the judges
[01:50:54.160 --> 01:50:56.400] do what the law requires them to do.
[01:50:56.400 --> 01:50:59.400] But what are you doing actively to pursue that?
[01:51:00.320 --> 01:51:04.560] Like I said, I'm helping people with their cases in court.
[01:51:04.560 --> 01:51:07.280] We're building records against the individual judges,
[01:51:07.280 --> 01:51:09.040] against the individual clerks, and against
[01:51:09.040 --> 01:51:12.160] the individual city prosecutors for violations of law.
[01:51:12.160 --> 01:51:13.240] Those are court cases.
[01:51:13.240 --> 01:51:16.760] Those are court cases, okay, exactly.
[01:51:16.760 --> 01:51:18.840] Then we are going to file suit against
[01:51:18.840 --> 01:51:20.860] each of these individuals, whether it be
[01:51:20.860 --> 01:51:24.080] in an individual suit or eventually a class action suit,
[01:51:25.360 --> 01:51:28.880] until we bring the city or county they belong to
[01:51:28.880 --> 01:51:33.000] to its knees and forces them to do what the law requires.
[01:51:33.000 --> 01:51:33.840] Now, let me.
[01:51:33.840 --> 01:51:35.400] In some cases though, you've mentioned
[01:51:35.400 --> 01:51:38.600] that the law is wrong in violation of the Constitution.
[01:51:38.600 --> 01:51:39.420] Correct.
[01:51:39.420 --> 01:51:43.800] So do you have currently while we're in legislative session,
[01:51:43.800 --> 01:51:47.840] do you have a sponsor of a bill that attempts to address?
[01:51:47.840 --> 01:51:50.520] I've got several bills that I'm trying to write to do this.
[01:51:50.520 --> 01:51:52.000] I don't have any sponsors for it.
[01:51:52.000 --> 01:51:56.220] Because here we are, you know, April 12th.
[01:51:56.220 --> 01:51:57.060] I know.
[01:51:57.060 --> 01:51:59.080] For example, house bills have to be passed,
[01:51:59.080 --> 01:52:02.480] have to be heard and passed out of committee by May 9th.
[01:52:02.480 --> 01:52:03.320] Right.
[01:52:03.320 --> 01:52:08.120] So any house bill that you'd want to affect change
[01:52:08.120 --> 01:52:10.000] in the statute would have to be,
[01:52:10.960 --> 01:52:12.480] at this point you'd have to be amended
[01:52:12.480 --> 01:52:13.720] onto an existing bill.
[01:52:13.720 --> 01:52:15.280] Well see, we've been trying to get a meeting
[01:52:15.280 --> 01:52:18.480] with someone like you and the judicial committee
[01:52:18.480 --> 01:52:22.020] that puts this book together since August.
[01:52:22.960 --> 01:52:24.520] And haven't had any luck.
[01:52:24.520 --> 01:52:27.080] We just now got to see in representative White
[01:52:27.080 --> 01:52:28.280] two or three weeks ago.
[01:52:29.120 --> 01:52:32.040] And I've been working on several different acts,
[01:52:32.040 --> 01:52:33.800] one of which is the Justice Act,
[01:52:33.800 --> 01:52:36.600] which is one that deals with the judges specifically.
[01:52:36.600 --> 01:52:38.120] Okay.
[01:52:38.120 --> 01:52:40.800] Cause I mean, you sound like you've got some good issues.
[01:52:41.800 --> 01:52:44.540] To get a change legislatively,
[01:52:44.540 --> 01:52:45.380] you know, you have to,
[01:52:45.380 --> 01:52:46.800] unfortunately whether you like or not,
[01:52:46.800 --> 01:52:48.720] you have to go through the process of-
[01:52:48.720 --> 01:52:49.920] No, I understand that.
[01:52:49.920 --> 01:52:51.200] I understand that.
[01:52:51.200 --> 01:52:54.200] Have you talked to any of the staff in the committee,
[01:52:54.200 --> 01:52:58.240] the actual legislative committee that hears these bills
[01:52:58.240 --> 01:52:59.160] that impact the-
[01:52:59.160 --> 01:53:01.900] Well Larry, have you been routed through them yet?
[01:53:01.900 --> 01:53:02.740] I did.
[01:53:02.740 --> 01:53:04.540] And they wouldn't,
[01:53:04.540 --> 01:53:07.280] they said we only take the bills that come down
[01:53:07.280 --> 01:53:10.840] from the senators and come into our offices.
[01:53:10.840 --> 01:53:12.420] That we don't hear,
[01:53:12.420 --> 01:53:15.280] if you have, and I said, well, they're not-
[01:53:15.280 --> 01:53:16.440] Unless you're a high paying lawyer.
[01:53:16.440 --> 01:53:20.720] There are problems with the law that needs to be addressed.
[01:53:20.720 --> 01:53:21.760] How do we get in there?
[01:53:21.760 --> 01:53:22.680] What do we gotta do?
[01:53:22.680 --> 01:53:23.640] Well, we don't know.
[01:53:23.640 --> 01:53:25.280] We can't help you.
[01:53:25.280 --> 01:53:26.600] I've talked to the judiciary.
[01:53:26.600 --> 01:53:30.360] I've talked to the, two committees.
[01:53:30.360 --> 01:53:32.960] I've talked to the civil, the one on the civil side,
[01:53:32.960 --> 01:53:35.240] and that's the one that directed me over here.
[01:53:35.240 --> 01:53:37.360] What you would do is you would find,
[01:53:37.360 --> 01:53:40.580] particularly on, if it's a criminal matter,
[01:53:40.580 --> 01:53:42.020] there are different interest groups
[01:53:42.020 --> 01:53:45.200] that are looking for this type of issue
[01:53:45.200 --> 01:53:49.560] that are out there fighting for defendants or,
[01:53:49.560 --> 01:53:52.800] and so I don't know if you reached out to any of them
[01:53:52.800 --> 01:53:55.680] because they do have lobbyists on board,
[01:53:55.680 --> 01:53:58.360] they have governmental relations people on board,
[01:53:58.360 --> 01:54:02.760] and they have access to get bills to get drafted
[01:54:02.760 --> 01:54:05.940] and presented for committee consideration.
[01:54:06.880 --> 01:54:10.040] Well, if you have any suggestions as to who that would be,
[01:54:10.040 --> 01:54:10.880] I would love to hear.
[01:54:10.880 --> 01:54:12.440] I can get a list and let me give it to you.
[01:54:12.440 --> 01:54:14.160] I'd appreciate that.
[01:54:14.160 --> 01:54:16.800] Because at this point in time, I mean,
[01:54:16.800 --> 01:54:18.840] you know, a lot of times these changes
[01:54:18.840 --> 01:54:20.600] don't happen overnight, as you know.
[01:54:20.600 --> 01:54:21.600] It takes years.
[01:54:21.600 --> 01:54:22.880] It took years to create that.
[01:54:22.880 --> 01:54:25.560] It takes years to fight it.
[01:54:25.560 --> 01:54:29.560] But I'd be glad to, there's some access to justice groups.
[01:54:29.560 --> 01:54:32.800] There's some civil liberties groups.
[01:54:32.800 --> 01:54:34.240] I'd have to talk to our staff
[01:54:34.240 --> 01:54:35.880] to see who those persons would be,
[01:54:35.880 --> 01:54:39.600] but I'd be glad to be here with people we could work with.
[01:54:39.600 --> 01:54:40.440] That would be good.
[01:54:40.440 --> 01:54:45.280] So what you need is a vehicle to make the change,
[01:54:45.280 --> 01:54:46.320] from a legislative standpoint.
[01:54:46.320 --> 01:54:47.880] Now, from a court standpoint,
[01:54:47.880 --> 01:54:50.200] challenging the constitutionality,
[01:54:50.200 --> 01:54:51.840] I mean, it sounds like you're doing what you need to do,
[01:54:51.840 --> 01:54:53.800] and that's, bring suit,
[01:54:53.800 --> 01:54:57.800] challenging the validity, constitutionality of...
[01:54:57.800 --> 01:54:59.800] Well, that's where we run into issues
[01:54:59.800 --> 01:55:00.960] with the higher court judges
[01:55:00.960 --> 01:55:04.200] that obviously can't even seem to read law.
[01:55:04.200 --> 01:55:06.880] Have you gone to the Commission on Judicial Conduct?
[01:55:06.880 --> 01:55:09.400] That's the one I contacted.
[01:55:09.400 --> 01:55:11.000] Gone to them?
[01:55:11.000 --> 01:55:11.840] You mean...
[01:55:11.840 --> 01:55:13.520] The actual commission that those...
[01:55:13.520 --> 01:55:16.880] That the inmates running the asylum?
[01:55:16.880 --> 01:55:17.720] I don't know about that.
[01:55:17.720 --> 01:55:20.560] I mean, they're the agency that's supposed to be responsible
[01:55:20.560 --> 01:55:21.880] for investigating judges.
[01:55:21.880 --> 01:55:22.760] Right.
[01:55:22.760 --> 01:55:26.480] Well, every time we file judicial conduct complaints
[01:55:26.480 --> 01:55:29.240] or bar grievances, the canned response you get
[01:55:29.240 --> 01:55:32.560] is we don't find that this act rises to a level
[01:55:32.560 --> 01:55:37.440] of activity that notes any response.
[01:55:37.440 --> 01:55:41.040] However, any sensible person would look at what happened
[01:55:41.040 --> 01:55:42.760] and completely disagree.
[01:55:42.760 --> 01:55:45.280] But then again, you've got Chapter 82, Government Code,
[01:55:45.280 --> 01:55:47.480] which makes it clear that an attorney
[01:55:47.480 --> 01:55:49.080] will never lose his bar card
[01:55:49.080 --> 01:55:53.760] short of killing a judge on the bench in open court, okay?
[01:55:53.760 --> 01:55:58.000] But in any case, you've got Chapter 51,
[01:55:58.000 --> 01:56:00.920] Local Government Code, that says very clearly,
[01:56:00.920 --> 01:56:03.120] the legislature gave the people the power
[01:56:03.120 --> 01:56:04.800] to sue municipalities.
[01:56:04.800 --> 01:56:07.040] It says right there in Chapter 51,
[01:56:07.040 --> 01:56:09.920] a municipality can plea and be impeded.
[01:56:09.920 --> 01:56:12.800] It can sue and be sued.
[01:56:12.800 --> 01:56:14.880] And what do the judges in the district court rule
[01:56:14.880 --> 01:56:17.440] when someone files suit against the city?
[01:56:17.440 --> 01:56:22.160] That it doesn't create a clear and distinct waiver of immunity.
[01:56:22.160 --> 01:56:25.280] And then the very last thing it says in 51 is,
[01:56:25.280 --> 01:56:32.240] a municipality can be sued in any court of this state.
[01:56:32.240 --> 01:56:34.960] Now, correct me if I'm wrong, but again,
[01:56:34.960 --> 01:56:37.960] Chapter 311 appears to say that the law is to be taken
[01:56:37.960 --> 01:56:41.320] in totality, not just the piece you want to use.
[01:56:41.320 --> 01:56:44.400] It has to be taken in context with all the law around it
[01:56:44.400 --> 01:56:48.280] and all the law that is imperimaterial to it.
[01:56:48.280 --> 01:56:52.280] Something else these judges don't appear to want to do.
[01:56:52.280 --> 01:56:56.360] I've got several legal briefs I wrote for people to use,
[01:56:56.360 --> 01:56:58.680] which, of course, the municipal and justice courts
[01:56:58.680 --> 01:57:00.160] completely ignore.
[01:57:00.160 --> 01:57:03.080] The one that we use the most in municipal court
[01:57:03.080 --> 01:57:06.800] is a challenge to the authority of the prosecuting attorney.
[01:57:06.800 --> 01:57:10.760] And everything I've gone into with you here regarding him
[01:57:10.760 --> 01:57:13.560] just scratches the surface of what's in that brief.
[01:57:13.560 --> 01:57:15.480] That brief takes every statute
[01:57:15.480 --> 01:57:18.280] and every constitutional reference we've got
[01:57:18.280 --> 01:57:20.640] and shows very clearly where that city attorney
[01:57:20.640 --> 01:57:24.280] can't be doing what he's doing, okay?
[01:57:24.280 --> 01:57:25.840] Of course, the judges ignore it.
[01:57:25.840 --> 01:57:28.000] But that's now part of our written record
[01:57:28.000 --> 01:57:31.080] that the court's going to so kindly keep for us
[01:57:31.080 --> 01:57:35.760] and supplies for the ammunition within the lawsuit, all right?
[01:57:35.760 --> 01:57:38.040] But when you start going through this,
[01:57:38.040 --> 01:57:43.520] like I say, 1517 is just but just one of the issues.
[01:57:43.520 --> 01:57:45.920] The other issues, again, being things like
[01:57:45.920 --> 01:57:48.400] not being given access to your court record
[01:57:48.400 --> 01:57:50.880] so that you can prepare a proper defense.
[01:57:50.880 --> 01:57:52.920] You're not being given a copy of the complaint
[01:57:52.920 --> 01:57:55.920] until the day you appear at trial
[01:57:55.920 --> 01:57:58.680] when the law is very clear that you can't challenge
[01:57:58.680 --> 01:58:01.120] the veracity or form of that complaint
[01:58:01.120 --> 01:58:06.160] any later than one day prior to trial on the merits.
[01:58:06.160 --> 01:58:08.120] But then you've got 45018,
[01:58:08.120 --> 01:58:12.120] which says that you're entitled to a copy of that complaint
[01:58:12.120 --> 01:58:17.840] no later than one day prior to any proceeding
[01:58:17.840 --> 01:58:20.680] in the prosecution of the case under that complaint.
[01:58:20.680 --> 01:58:23.200] And yet you don't see it at the initial hearing,
[01:58:23.200 --> 01:58:24.600] the magistration.
[01:58:24.600 --> 01:58:26.920] You don't see it at the examining trial.
[01:58:26.920 --> 01:58:28.120] You don't see it at all.
[01:58:28.120 --> 01:58:29.920] I had him go through his entire record
[01:58:29.920 --> 01:58:32.320] with the city attorney sitting right there next to him
[01:58:32.320 --> 01:58:34.280] and me on speakerphone.
[01:58:34.280 --> 01:58:36.360] And I said, Richard, tell me the name of the documents
[01:58:36.360 --> 01:58:38.520] that are in that complaint.
[01:58:38.520 --> 01:58:40.520] All right, folks, we're about to go to break.
[01:58:40.520 --> 01:58:43.320] We will be back on the other side.
[01:58:43.320 --> 01:58:44.720] This is the rule of law.
[01:58:44.720 --> 01:58:48.160] This is the meeting between Eddie Craig
[01:58:48.160 --> 01:58:51.280] and the chief legal counsel for the Speaker of the House
[01:58:51.280 --> 01:58:53.120] here in the state of Texas.
[01:58:53.120 --> 01:58:58.880] We'll be right back.
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