ROL_2011-08-08_16k.timecode

[00:00.000 --> 00:04.500]  This news brief brought to you by the International Newsnet.
[00:04.500 --> 00:10.000]  Australia's High Court Monday extended a temporary halt to deporting asylum seekers.
[00:10.000 --> 00:16.000]  Australia plans to send up to 800 asylum seekers to Malaysia, where they fear torture and other reprisals,
[00:16.000 --> 00:21.000]  in return for accepting 4,000 registered refugees from the country over four years.
[00:21.000 --> 00:25.000]  Unaccompanied children would not be exempt from transfer.
[00:25.000 --> 00:30.000]  Standard & Poor's Monday cited Republican stubbornness in the recent debt deal
[00:30.000 --> 00:34.000]  for their decision to downgrade the U.S.'s credit rating.
[00:34.000 --> 00:40.000]  Representative Paul Ryan claimed Sunday S&P's downgrade was a vindication of Republican actions,
[00:40.000 --> 00:46.000]  but the official S&P research update pinpointed Republican opposition to raising revenues
[00:46.000 --> 00:51.000]  for its lack of confidence in Washington's ability to manage the national debt.
[00:51.000 --> 00:57.000]  House Financial Services Committee Ranking Member Barney Frank said Monday military spending
[00:57.000 --> 01:02.000]  was one of the causes of Standard & Poor's downgrade of sovereign U.S. credit.
[01:02.000 --> 01:07.000]  Frank said, we spend far more of our economy as a national percentage on the military
[01:07.000 --> 01:10.000]  than just about any nation except Israel, adding,
[01:10.000 --> 01:16.000]  we could be the strongest nation in the world of 400 billion instead of 700 billion.
[01:16.000 --> 01:22.000]  The Pan-Arab newspaper Ashok al-Assad reported Monday U.S. officials have convinced
[01:22.000 --> 01:28.000]  Yemeni President Ali Abdullah Saleh, convalescing in Saudi Arabia from an assassination attempt
[01:28.000 --> 01:33.000]  not to return to his country. Yemeni officials have denied the report.
[01:33.000 --> 01:38.000]  Fighting between troops loyal to Saleh and pro-opposition tribesmen has intensified
[01:38.000 --> 01:43.000]  and mass protests against Saleh's 33-year rule are now in their seventh month.
[01:43.000 --> 01:48.000]  U.S. sources told the paper Saleh had been greatly influenced by the spectacle of former
[01:48.000 --> 01:54.000]  Egyptian leader Hosni Mubarak facing charges inside a cage in the Cairo court last week.
[01:54.000 --> 02:00.000]  The U.S. and neighboring oil giant Saudi Arabia have tried to stave off rising turmoil in Yemen
[02:00.000 --> 02:04.000]  by pursuing a power transition plan brokered by Gulf countries.
[02:04.000 --> 02:09.000]  Saleh had previously reneged on the deal but is now expected to comply in exchanges
[02:09.000 --> 02:15.000]  for guarantees of immunity. In Houston Saturday, Texas Governor Rick Perry
[02:15.000 --> 02:21.000]  led 30,000 people in prayer at a rally. Perry is expected to announce his presidential candidacy soon.
[02:21.000 --> 02:26.000]  His rally was backed by the International House of Prayer whose evangelical founder argues
[02:26.000 --> 02:30.000]  Opera Winfrey is a harlot who signals the apocalypse.
[02:30.000 --> 02:35.000]  Dr. Cindy Jacobs, a speaker at the prayer fest, had said earlier the sudden death of
[02:35.000 --> 02:40.000]  birds in BB Arkansas in January was divine punishment for the repeal of the military's
[02:40.000 --> 02:47.000]  don't ask, don't tell policy. Jacobs has also called girl on girl kissing a plague on society
[02:47.000 --> 02:52.000]  and asked divine forgiveness for the violation of a woman's quote natural use.
[02:52.000 --> 02:56.000]  Though billed as an apolitical day of prayer, Perry's event gave him the opportunity
[02:56.000 --> 03:00.000]  to appeal to Christian conservative voters.
[03:00.000 --> 03:05.000]  For more details on this story, visit INSworldRecord.net
[04:00.000 --> 04:25.000]  All right folks, good evening. This is Rule of Law Radio. This is Monday night, traffic night.
[04:25.000 --> 04:31.000]  It is August 8, 2011. This is Eddie Craig, Deborah Stevens, Randy Kelton.
[04:31.000 --> 04:36.000]  Celia, we see you there on the board. I'll be getting the calls here very shortly.
[04:36.000 --> 04:40.000]  There is something I wanted to talk about for just a few minutes though.
[04:40.000 --> 04:50.000]  And this deals with an issue that is in the Texas Constitution in Article 5, Section 3-C.
[04:50.000 --> 04:55.000]  There is a jurisdiction to answer questions of state law certified, I'm sorry, I'm sorry,
[04:55.000 --> 05:01.000]  3-B, appeal from order granting or denying injunction.
[05:01.000 --> 05:07.000]  Now, we know that the state does not have immunity nor does any other public official
[05:07.000 --> 05:14.000]  from a grant of injunctive relief. They can't claim immunity for that.
[05:14.000 --> 05:21.000]  They can't put forth a situation where they're doing something that violates the Constitution or the laws
[05:21.000 --> 05:28.000]  and we seek a permanent injunction to stop that, then they can't claim immunity as a reason to block it
[05:28.000 --> 05:36.000]  and grant the injunction. However, we do know that the lower courts are basically
[05:36.000 --> 05:44.000]  operated over by idiots. We know this because we watch them in action and we've seen how they decide things
[05:44.000 --> 05:52.000]  or refuse to decide things, just so they can railroad you through the court and force you to go to an appeal.
[05:52.000 --> 05:59.000]  Now, I'm of the firm belief that you're entitled to a fair and impartial trial in the first instance,
[05:59.000 --> 06:07.000]  you're entitled to an appeal. Now, that being said, I'm pondering about whether or not we should be seeking
[06:07.000 --> 06:15.000]  to go with permanent injunctions against the enforcement of the transportation code against the people of Texas
[06:15.000 --> 06:22.000]  that are not engaging in acts of transportation. And here's why I think we may be able to get there.
[06:22.000 --> 06:30.000]  Article 5, Section 3-B, Appeal from Order Granting or Denying Injunction. The legislature shall have the power
[06:30.000 --> 06:40.000]  to provide by law for an appeal direct to the Supreme Court of this state from an order of any trial court
[06:40.000 --> 06:48.000]  granting or denying an interlocatory or permanent injunction on the grounds of the constitutionality
[06:48.000 --> 06:58.000]  or unconstitutionality of any statute of this state or on the validity or invalidity of any administrative order
[06:58.000 --> 07:09.000]  issued by any state agency under any statute of this state. Now, this is saying that in any trial court,
[07:09.000 --> 07:19.000]  when it comes to the statute, either party, depending upon whether the injunction is granted, that would be the defendant,
[07:19.000 --> 07:33.000]  in most cases, or it would be if it's denied on the plaintiff. So what we're looking at here is,
[07:33.000 --> 07:40.000]  we go in and we make the argument, the statute per se is not unconstitutional.
[07:40.000 --> 07:48.000]  Its application by the state and local law enforcement is what's unconstitutional.
[07:48.000 --> 07:57.000]  And not only is it unconstitutional, it directly violates the subject matter of the statute.
[07:57.000 --> 08:07.000]  Then we force the state supreme court to rule on whether or not transportation means transportation.
[08:07.000 --> 08:17.000]  And if it does, then it cannot possibly be held to apply to the people that are not engaging in that act.
[08:17.000 --> 08:29.000]  Now, the question is, has the legislature of Texas codified by law a means to do that? Yes, they have.
[08:29.000 --> 08:40.000]  We find the means to do that in the government code in chapter 22, specifically 22.001 dealing with jurisdiction.
[08:40.000 --> 08:50.000]  And under that, you have subsection C, an appeal may be taken directly to the supreme court from an order of a trial court,
[08:50.000 --> 09:06.000]  a trial court, meaning any trial court granting or denying an interlockatory or permanent injunction on the ground of the constitutionality of a statute of this state.
[09:06.000 --> 09:16.000]  It is the duty of the supreme court to prescribe the necessary rules and procedure to be followed in perfecting the appeal.
[09:16.000 --> 09:26.000]  So, the supreme court has to write the rules regarding how that appeal from that order from the court,
[09:26.000 --> 09:36.000]  granting or denying the interlockatory injunction that was made.
[09:36.000 --> 09:41.000]  So, they have to make that, the set of rules that we have to follow to do it.
[09:41.000 --> 09:45.000]  The question is, where did they put it? That part I haven't been able to find.
[09:45.000 --> 09:50.000]  Of course, I haven't had a whole lot of time to look. This is something I've only been pondering for a couple days now.
[09:50.000 --> 10:05.000]  But, while I was looking through this, I'm going, why can't we make this an appeal when we file for a permanent or interlockatory injunction in a criminal case, such as a traffic ticket,
[10:05.000 --> 10:15.000]  with regard to the fact that the application of the statutes that brought us into court in the first place is unconstitutional on its face.
[10:15.000 --> 10:26.000]  The state cannot prove an act of transportation. Therefore, they can't prove the applicability of the statute to the activity.
[10:26.000 --> 10:34.000]  And if they can't prove that, then the trial court should have granted the injunction.
[10:34.000 --> 10:40.000]  But they deny it. If we ever attempt to do it, I'm quite sure they would deny it.
[10:40.000 --> 10:46.000]  In which case, we should be able to take an appeal on that directly to the state supreme court.
[10:46.000 --> 10:53.000]  So, what I'm going to be doing is I'm going to be researching that through the course of the week while I'm working on all the other stuff that's been dumped in my lap.
[10:53.000 --> 11:02.000]  And see what I can come up with. And hopefully, by either Friday's show or next Monday's show, I'll be able to have a more definitive answer as to what we can do.
[11:02.000 --> 11:10.000]  Now, I'm going to go ahead and start taking your phone calls. 512-646-1984 is the call-in number.
[11:10.000 --> 11:18.000]  We do have Celia on the line right now. This is Celia in California. She's called in with us before, and she's trying to get in touch with Rick,
[11:18.000 --> 11:22.000]  or at least I've told Robert Gitter some information on Rick. Hi, Celia. How are you doing?
[11:22.000 --> 11:24.000]  I'm fine. How are you?
[11:24.000 --> 11:34.000]  I'm good. Just an FYI, I have only recently managed to get the contact information that was for Rick. What I had was not good, it appears,
[11:34.000 --> 11:45.000]  because the information I was just given doesn't match what I have. So, I did get your email, however. When is it that your case is going to court?
[11:45.000 --> 11:48.000]  I have a hearing on Thursday.
[11:48.000 --> 11:56.000]  On Thursday. Okay? I will do my very best to get your information. Rick's hands, as soon as we're off the show this evening,
[11:56.000 --> 12:01.000]  I will forward your email and contact information to him with what I have.
[12:01.000 --> 12:02.000]  Okay.
[12:02.000 --> 12:07.000]  All right. Now, would you go ahead and tell everybody that's listening out there what it was that your case was regarding?
[12:07.000 --> 12:11.000]  We know it's traffic, but what specifically is the charge?
[12:11.000 --> 12:27.000]  The charge is using a cell phone while driving, which I could not comprehend how he could see me,
[12:27.000 --> 12:39.000]  because he was two cars away from my left, and when I was holding my ear, because of the Bluetooth that I have that's falling off my ear,
[12:39.000 --> 12:43.000]  that's how he saw my hand on my ear.
[12:43.000 --> 12:55.000]  And so, when I was, when he started yelling at me when I rolled down my window, I couldn't get a word.
[12:55.000 --> 13:07.000]  And then, when he asked if, where's the cell phone? I said, are you looking for this one? He just grabbed it from my hand.
[13:07.000 --> 13:14.000]  Well, yeah, we talked about that about don't offer them any information.
[13:14.000 --> 13:21.000]  Once he's got his hands on the cell phone, he has facilitated his ability to describe it in front of a jury.
[13:21.000 --> 13:24.000]  We don't wish to give him that ability.
[13:24.000 --> 13:31.000]  If he's so sure you were on a cell phone and he saw it, he should be able to describe it to the jury, correct?
[13:31.000 --> 13:40.000]  Now, if you really want to throw him off, go into court that day carrying somebody else's cell phone completely different from yours,
[13:40.000 --> 13:45.000]  and then lay it up there on the table with you and he points at that, that cell phone right there.
[13:45.000 --> 13:52.000]  Really? Well, that's my sister's cell phone. She had it on the day in question. Here's mine. It's black, not blue.
[13:52.000 --> 13:54.000]  See that kind of deal.
[13:54.000 --> 13:56.000]  Okay.
[13:56.000 --> 14:07.000]  That really is one of the ways to shut them down is to prove that they're fabricating their alleged testimony and or evidence for the purpose of a conviction.
[14:07.000 --> 14:18.000]  Is it wise to do a trial by declaration?
[14:18.000 --> 14:24.000]  Well, that really depends on what the governing rules of trial by declaration are.
[14:24.000 --> 14:32.000]  Have you read what the requirements are for that and what you may be waiting by doing that?
[14:32.000 --> 14:42.000]  Well, the trial by declaration, according to the rules, is that you go in there and you say, okay, one trial by declaration,
[14:42.000 --> 14:49.000]  and then they will say, I would have to pay the bail amount, and then they will send me paperwork.
[14:49.000 --> 14:55.000]  At the same time, they will send the other party paperwork, and each of us has to explain.
[14:55.000 --> 15:02.000]  Yes, but in the meantime, they're using your money to make money, which is what they want anyway.
[15:02.000 --> 15:08.000]  What they'll do once they have your money in hand most of the time is sit on it.
[15:08.000 --> 15:26.000]  They will drag their feet in every instance so that they can hold on to your money for as long as possible in order to use it to draw interest or invest in other things until such time as they decide to allow this case to go forward.
[15:26.000 --> 15:31.000]  Okay, so that's not a wise move to go that route.
[15:31.000 --> 15:38.000]  I'm just offering up a possibility of what they could do and what we know that they normally do do.
[15:38.000 --> 15:42.000]  Okay, all right.
[15:42.000 --> 15:52.000]  But again, there is also the possibility that by doing that, you're waiving any other right you may have to a trial by jury or anything of that nature.
[15:52.000 --> 16:04.000]  If you accept the consequences of a trial by declaration and they decide against you, you can't go back later and decide you want a trial by jury unless the rules say you can have it.
[16:04.000 --> 16:10.000]  Well, in California, they don't allow trial by jury.
[16:10.000 --> 16:26.000]  Well, the problem is you need to read your California constitution. Does it say that in all cases over a certain dollar amount that the trial by jury shall not be taken away or anything of that nature?
[16:26.000 --> 16:33.000]  They can't make a rule that violates your state constitution. If they do, the rule is null and void.
[16:33.000 --> 16:36.000]  I see, okay.
[16:36.000 --> 16:40.000]  Okay, all right. Do you have anything else?
[16:40.000 --> 16:48.000]  No, right now, if I have a question, how do I do?
[16:48.000 --> 16:52.000]  Okay, we're going to go to break, so you just hang on a second and I'll pick you up on the other side.
[16:52.000 --> 17:00.000]  Folks, this is Rule of Law Radio 512-646-1984. We'll be right back on the other side of the break.
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[19:11.000 --> 19:20.000]  Let's work again.
[19:20.000 --> 19:27.000]  Let's work again.
[19:27.000 --> 19:33.000]  Let's work again.
[19:33.000 --> 19:43.000]  Let's work again.
[19:43.000 --> 19:53.000]  Let's work again.
[19:53.000 --> 20:03.000]  Let's work again.
[20:03.000 --> 20:13.000]  Let's work again.
[20:13.000 --> 20:23.000]  Let's work again.
[20:23.000 --> 20:33.000]  Let's work again.
[20:33.000 --> 20:43.000]  On the Constitution of California, would you know under which title should I look for that?
[20:43.000 --> 20:51.000]  No ma'am, I don't. You'd have to look through the entirety of it that most likely it will be within the Bill of Rights.
[20:51.000 --> 21:02.000]  Because a trial by jury is a fundamental right, so anything that would take it away would probably also have to be there.
[21:02.000 --> 21:21.000]  The problem for them is that if they don't have it in the California Constitution, the federal Constitution specifically requires that in any issue in excess of $20, the right to trial by jury even in a civil case cannot be taken away.
[21:21.000 --> 21:30.000]  So California cannot just arbitrarily say we don't do that. They're required to do that.
[21:30.000 --> 21:40.000]  Okay, thank you.
[21:40.000 --> 21:45.000]  Now we're going to go to Chuck in Ohio. Chuck, what can we do for you?
[21:45.000 --> 21:55.000]  Hi, how are you doing Eddie? We're going to do the routine with the prosecutor and what we're doing.
[21:55.000 --> 22:00.000]  You know about Randy's message for the song and dance? Yes, that's exactly what we're doing.
[22:00.000 --> 22:07.000]  So we went down to go get some criminal complaints and the police department doesn't want to hand to give you any copies of any criminal complaints.
[22:07.000 --> 22:15.000]  So I had a guy in the courthouse to get a criminal complaint. But Randy says that criminal complaint is not really any good and you really need to go get an indictment.
[22:15.000 --> 22:20.000]  So we went and got an indictment from another case.
[22:20.000 --> 22:26.000]  And we typed it all off and we were going to file a return receipt. Wait, wait, wait, wait.
[22:26.000 --> 22:37.000]  You ought to run that one by me again because you can't get an indictment. A grand jury has to hand down an indictment.
[22:37.000 --> 22:48.000]  Okay, you're correct, right? But we got a copy of an indictment and we were typed that up to send to the prosecutor for indictment.
[22:48.000 --> 22:59.000]  No, no, do not do that. The next thing you know, you're going to be on trial for impersonating a grand jury. Don't do that.
[22:59.000 --> 23:01.000]  Okay, so...
[23:01.000 --> 23:13.000]  Okay, in Ohio, what does your state constitution or your law says commences a criminal case? How does it start?
[23:13.000 --> 23:19.000]  You don't need a charging instrument. A criminal complaint is not a charging instrument.
[23:19.000 --> 23:30.000]  That's not my point. It's not a charging instrument in Texas either. But it is required to start the process. Somebody has to file a complaint.
[23:30.000 --> 23:39.000]  That's what starts any case in any court, criminal or civil. Somebody files a complaint.
[23:39.000 --> 23:44.000]  Okay, so I'll file it under a regular criminal complaint.
[23:44.000 --> 23:56.000]  Yes, and in your case, you can file it as a sworn statement of criminal activity. Okay? It's the same thing.
[23:56.000 --> 24:14.000]  The only difference is, is like, for instance, here in Texas, when that sworn statement is given to an attorney for the state, by law, he is required to reduce that statement to an information and submit it to the county court,
[24:14.000 --> 24:26.000]  who then is required to take that information and the sworn statement and get it in the hands of the grand jury, who will then, through bill or no bill...
[24:26.000 --> 24:35.000]  What they're doing is all misdemeanors just have a complaint and there's no grand jury unless it's a felony. That's all they're handling in here.
[24:35.000 --> 24:36.000]  Okay, what?
[24:36.000 --> 24:43.000]  I know you're correct. I know you're very welcome. You are correct. But I was just on there today. I'm positive that's what they told me.
[24:43.000 --> 24:50.000]  Right, I understand what they're telling you. That doesn't mean they're telling you that it's being done correctly.
[24:50.000 --> 25:03.000]  I know for a fact, Texas is not doing it correctly. That's the procedure our Constitution says they're supposed to follow. It's not what they're doing, not by a long shot.
[25:03.000 --> 25:12.000]  In Texas, our Constitution says every case must have an indictment, misdemeanor or felony.
[25:12.000 --> 25:14.000]  Correct.
[25:14.000 --> 25:17.000]  So what does your Ohio Constitution say?
[25:17.000 --> 25:25.000]  I should follow it under just a criminal complaint and I have to have it notarized. Am I correct on that? I have the sworn statement.
[25:25.000 --> 25:26.000]  Yes.
[25:26.000 --> 25:36.000]  A sworn and verified statement has to have somebody authorized by law to administer an oath and to verify the signature on the complaint.
[25:36.000 --> 25:41.000]  So in Texas, a notary can do it. If they can do it in Ohio, great.
[25:41.000 --> 25:46.000]  Okay, good thing I called you. I was going to go a different direction.
[25:46.000 --> 25:59.000]  Well, here in Texas, any officer authorized by law to administer oaths can do it. That includes a police officer, a mayor, any magistrate can administer that oath.
[25:59.000 --> 26:12.000]  Any notary, any clerk of the court, or any peace officer, those are the people that can administer the oath for the purpose of a criminal complaint in Texas.
[26:12.000 --> 26:14.000]  Okay.
[26:14.000 --> 26:15.000]  Okay.
[26:15.000 --> 26:20.000]  All right, well, I'll follow it tomorrow. I mean, let's just stand by and see what happens with this one here.
[26:20.000 --> 26:21.000]  All right, Chuck.
[26:21.000 --> 26:23.000]  Thank you very much for your time. All right.
[26:23.000 --> 26:29.000]  Good luck. And like I say, be real careful with that indictment business because only a grand jury can do that.
[26:29.000 --> 26:38.000]  And if you type it up and hand it to a state prosecutor trying to make it look like an indictment, they're going to come after you tooth and nail.
[26:38.000 --> 26:39.000]  Okay.
[26:39.000 --> 26:40.000]  All right, so avoid that.
[26:40.000 --> 26:47.000]  Okay, can I get some forms filed, and they decide that they don't need to file nothing, and they know it, and they don't need to file nothing.
[26:47.000 --> 26:51.000]  Well, we're going to go this direction, I guess, through the routine.
[26:51.000 --> 26:52.000]  All right.
[26:52.000 --> 26:53.000]  Thanks very much.
[26:53.000 --> 26:54.000]  You're very welcome.
[26:54.000 --> 26:55.000]  Okay.
[26:55.000 --> 26:56.000]  Bye-bye.
[26:56.000 --> 27:03.000]  All right, folks, the caller board is open 512-646-1984 is the call in number.
[27:03.000 --> 27:06.000]  We've only got a couple of minutes before we go to break here.
[27:06.000 --> 27:18.000]  But while we're waiting on another caller, I'm going to go ahead and look some more at what we're talking about here on the constitutionality of a statute and the ability to directly appeal to the Supreme Court of the state.
[27:18.000 --> 27:25.000]  Now, the way that I figure this is going to work for us is very simple.
[27:25.000 --> 27:28.000]  It should be very simple anyway.
[27:28.000 --> 27:38.000]  The people of Texas are being illegally taxed and illegally prosecuted, and they're pretty much the same in every state.
[27:38.000 --> 27:48.000]  But this is one that I've researched, and I know for a fact that it's being done in violation of everything.
[27:48.000 --> 28:09.000]  But what they're doing is they are using a statute whose sole purpose is to regulate commercial activity, and they are attempting to use it to regulate and tax the people that are not in commerce at all.
[28:09.000 --> 28:26.000]  They're basically taking a very single-minded statute and giving it an overbroad application into areas it was never authorized or intended to encompass.
[28:26.000 --> 28:47.000]  Now, when I get in my car and I travel down to the grocery store for the purpose of picking up my groceries or getting stuff for a picnic or a cookout with friends or anything of that nature, I am not engaging in commerce, except at the store.
[28:47.000 --> 28:53.000]  I am not using the road as a place of business.
[28:53.000 --> 29:09.000]  Now, by that same token, if I was running a taxi service and someone asked me to give them a lift down to the supermarket so that they could do their grocery shopping and give them a lift back, and I'm charging them a fare for that,
[29:09.000 --> 29:13.000]  now I'm in commerce on the roads.
[29:13.000 --> 29:17.000]  That, folks, is transportation.
[29:17.000 --> 29:22.000]  What is the legal definition of transportation?
[29:22.000 --> 29:38.000]  The movement of persons or property or persons and goods or passengers and goods from one place to another by carrier or by common carrier.
[29:38.000 --> 29:51.000]  And common carrier is someone that does that activity for compensation or hire, none of which we the people are doing.
[29:51.000 --> 29:56.000]  All right, folks, this is Rule of Law Radio 512-646-1984.
[29:56.000 --> 30:00.000]  We'll be right back on the other side of this frame.
[30:00.000 --> 30:06.000]  The Rule of Law Network is proud to present a due process of law seminar hosted by our own Eddie Craig.
[30:06.000 --> 30:20.000]  Eddie is a former Nacodotius sheriff's deputy, and for the past 21 years he's been studying the due process of law and now offers his knowledge to you at a seminar every Sunday from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[30:20.000 --> 30:30.000]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is.
[30:30.000 --> 30:37.000]  Mmm, this lemon slice is as sweet as lemon meringue pie, and these rock cranberries taste like candy.
[30:37.000 --> 30:40.000]  Am I crazy? No, but I do have a secret.
[30:40.000 --> 30:44.000]  I've got your cat for an all-bracket, and I'll be right back to tell you what it is.
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[31:14.000 --> 31:17.000]  It's been called a hallucinogen for the tongue.
[31:17.000 --> 31:22.000]  Miracle fruit, or sensipalum dulcivicum, is a small red fruit from West Africa.
[31:22.000 --> 31:27.000]  Eating just one tiny berry makes sour things taste sweet for up to two hours.
[31:27.000 --> 31:35.000]  The secret is a substance called miraculous, a protein that binds to the taste buds to make the sourced foods taste like they've been dipped in sugar.
[31:35.000 --> 31:45.000]  Fruit aficionados have been throwing taste-tripping parties where they eat the fruit, then sip vinegar, suck lemons, and crunch pickles to experience the amazing effects.
[31:45.000 --> 31:48.000]  Miracle fruit is safe, legal, and readily available by mail.
[31:48.000 --> 31:52.000]  Now all we need is a fruit to take the calories out of cheesecake.
[31:52.000 --> 31:57.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:57.000 --> 32:13.000]  Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them.
[32:13.000 --> 32:28.000]  Okay, all set.
[32:28.000 --> 32:34.000]  Well, I need a prosecutor to come and help me, prosecute them wicked leaders, you see.
[32:34.000 --> 32:44.000]  They're my mother, I'm a liar, them tell me, them I'm a liar, and I tell six stories, you'll not believe me, say what them tell me, 3% of America vote for motion.
[32:44.000 --> 32:49.000]  So how do they get the president? That's why we have a warrant for him.
[32:49.000 --> 33:04.000]  Everybody listen carefully, listen to the word, don't let issues pass you.
[33:04.000 --> 33:29.000]  Alright folks, we are back, this is Rule of Law Radio, this is Teddy Crane, Deborah Stevens, Randy Kelton.
[33:29.000 --> 33:41.000]  The phone board is waiting callers here, we've got Mike and another caller up on the board, the call in number is 512-646-1984.
[33:41.000 --> 33:53.000]  Please give us a call if you got a question or an issue, remember this is traffic night, I do not deal with mortgages, land patents or things of that nature per se, so please save those questions for Thursday or Friday.
[33:53.000 --> 33:58.000]  Right now, let's go to Mike. Hi Mike, what can we do for you?
[33:58.000 --> 34:11.000]  Hi Eddie and everybody, okay this is to update you on the latest in my saga against the municipal court system.
[34:11.000 --> 34:37.000]  I had gotten a letter from the county clerk basically telling me okay, you've had your appeals, you've lost your case, pay up and sent them a letter back basically saying sorry but you still have no jurisdiction over me, there's never been a lawful case against me.
[34:37.000 --> 34:57.000]  And if you want to go ahead and address the jurisdiction issue, be glad to, I'll meet you in court, let's go for it, but I have no intention of paying anything because I don't owe anything and if you try to arrest me I'll file criminal charges against you.
[34:57.000 --> 35:14.000]  So I got about a week later, I got a notice to appear on a show pause hearing in the county court where this had been held after it went to municipal court.
[35:14.000 --> 35:35.000]  And the judge there, this is Collin County courted law number six and Kenny, Jeff J. Bender, who very promptly had filed all of his anti bribery statement and oath of office well before beginning his official duties, unlike his predecessor.
[35:35.000 --> 35:53.000]  So get up there and I make my statement again, he basically says he didn't care about any of that stuff, I've been found guilty, you know, I need to pay and I said well, not going to because there's no case against me.
[35:53.000 --> 36:06.000]  If you want to adjudicate this jurisdictional issue, well then let's do it, but until that's been settled, nothing, you know, is that nothing exists, everything stopped.
[36:06.000 --> 36:12.000]  I said there's been plenty of evidence that you didn't have jurisdiction to begin with so let's deal with it.
[36:12.000 --> 36:20.000]  And he said no, you know, I'm not messing with any of that stuff, you've got 30 days, you don't pay up, you're going to jail.
[36:20.000 --> 36:28.000]  That's fine. You issue a warrant for me, I file criminal charges against you and everybody else that touches the warrant.
[36:28.000 --> 36:33.000]  And he said basically go for it and next case.
[36:33.000 --> 36:43.000]  So not really sure what the next step is, but I'm willing to do whatever it takes.
[36:43.000 --> 36:50.000]  Okay, explain the reason for your jurisdictional challenge. What are you basing the challenge of jurisdiction on?
[36:50.000 --> 37:04.000]  Okay, in municipal court, the city prosecutor, no oath of office, no add a bribery statement and also was a fired on the complaint.
[37:04.000 --> 37:18.000]  So there was never a lawful complaint for any of those number of reasons. Whenever it went to county court, the judge there had no oath of office.
[37:18.000 --> 37:30.000]  He had been sitting on the bench for two years and then forged a poorly backdated copy and filed that before the next court date.
[37:30.000 --> 37:41.000]  It seems like these people don't seem to understand when they do that, they are creating a fraudulent government document. It's a frickin felony.
[37:41.000 --> 37:48.000]  Yeah, so I'm willing to go for it.
[37:48.000 --> 37:54.000]  Well, the information you're talking about on the city attorney is exactly what I'm working on in this motion.
[37:54.000 --> 38:07.000]  There are several court cases saying that the city attorney gets his ability to act not only from 45.201, but by approval of the district attorney.
[38:07.000 --> 38:14.000]  Slight problem. The district attorney can't alter the state constitution any more than the legislature can.
[38:14.000 --> 38:15.000]  Right.
[38:15.000 --> 38:29.000]  And the Texas Constitution specifically assigned the duty, in other words, the official capacity of attorney for the state to only three individuals in different particular circumstances.
[38:29.000 --> 38:30.000]  Right.
[38:30.000 --> 38:49.000]  He gave it criminally to district and county attorneys and he gave it civilly to the attorney general in the state supreme court or to go against corporations to prevent them from collecting any type of fines, fees or taxes that are not allowed by law.
[38:49.000 --> 39:02.000]  Otherwise, that's it. So the legislature cannot create a statute that allows a city attorney, especially one that does not meet the qualifications to act in the state capacity.
[39:02.000 --> 39:10.000]  No oath, no anti bribery statement, no nothing and say they're qualified. They can't do it.
[39:10.000 --> 39:15.000]  I know. But where do we go from here? That's the next thing.
[39:15.000 --> 39:20.000]  Do them in federal court. That's the only place to go.
[39:20.000 --> 39:21.000]  Okay.
[39:21.000 --> 39:24.000]  What's the cause of action, Eddie?
[39:24.000 --> 39:27.000]  Section 1983 and 242.
[39:27.000 --> 39:31.000]  Okay.
[39:31.000 --> 39:38.000]  That I've never done before. Is there any view or anybody else?
[39:38.000 --> 39:46.000]  You're going to have to look up cases that have been filed in that regard. Mike, I can't tell you I haven't filed one yet. I can just tell you I'm going to.
[39:46.000 --> 39:47.000]  Okay.
[39:47.000 --> 39:49.000]  Title 28 stuff, Eddie.
[39:49.000 --> 39:51.000]  No title 18.
[39:51.000 --> 39:52.000]  Okay.
[39:52.000 --> 39:56.000]  And title 42.
[39:56.000 --> 40:02.000]  Well, he may be able to file a bivins under bivins claim.
[40:02.000 --> 40:05.000]  If they try to touch him with the warrant.
[40:05.000 --> 40:13.000]  Well, the problem here is he can file, he can sue this magistrate directly because they have no protection.
[40:13.000 --> 40:15.000]  They lack jurisdiction.
[40:15.000 --> 40:16.000]  Okay.
[40:16.000 --> 40:21.000]  All right. Here's the steps based upon the information you've given me where they have a serious problem.
[40:21.000 --> 40:25.000]  A complaint is not a proper charging instrument under Texas Constitution or law.
[40:25.000 --> 40:29.000]  There is no law that makes a complaint a charging instrument.
[40:29.000 --> 40:40.000]  It is discussed in statute along with charging instruments, but never is it stated that a complaint is a charging instrument.
[40:40.000 --> 40:48.000]  And even if the statute said it, it's in direct conflict with Article 5, Section 12b of the Texas Constitution.
[40:48.000 --> 40:58.000]  Now, on top of that, a city attorney, as you've duly noted, is not a sworn and qualified officer of the state.
[40:58.000 --> 40:59.000]  He has no oath.
[40:59.000 --> 41:00.000]  He has no antitope robbery.
[41:00.000 --> 41:08.000]  He has no bond, which a county and district attorney are required to post before they can act in the capacity of attorney for the state.
[41:08.000 --> 41:09.000]  Okay.
[41:09.000 --> 41:11.000]  The city attorney's got none of those.
[41:11.000 --> 41:16.000]  A hired gun attorney acting as a city attorney has none of those.
[41:16.000 --> 41:17.000]  Right.
[41:17.000 --> 41:26.000]  The people never intended to put their welfare into the hands of a constitutionally incompetent corporate attorney.
[41:26.000 --> 41:31.000]  And that's what the legislature tried to do with this crap with the city attorney.
[41:31.000 --> 41:32.000]  Okay.
[41:32.000 --> 41:42.000]  Now, without a proper charging instrument in the form of an indictment or information, the trial court never gets jurisdiction of the case, period.
[41:42.000 --> 41:57.000]  And these appellate court cases that say that all that was ever required in a municipal or justice court was a complaint obviously did not bother to read all of the imperimateria provisions of the Texas Constitution and the other statutes on the subject.
[41:57.000 --> 41:58.000]  Right.
[41:58.000 --> 42:11.000]  And even constitutional issue aside, it's still the law that a prosecutor cannot be the complainant unless he is the only witness to the crime.
[42:11.000 --> 42:16.000]  Yeah, but even then he doesn't have jurisdiction to try the case.
[42:16.000 --> 42:17.000]  Right.
[42:17.000 --> 42:22.000]  As the competent fact witness, it would fall on someone else to do it.
[42:22.000 --> 42:23.000]  Right.
[42:23.000 --> 42:25.000]  But I mean, we've got, you know...
[42:25.000 --> 42:29.000]  Yeah, it's the case of Kennedy v. State, I do believe, as Randy puts it.
[42:29.000 --> 42:30.000]  Yeah.
[42:30.000 --> 42:31.000]  Yeah, exactly.
[42:31.000 --> 42:45.000]  But yeah, there's a whole ton of law here and multiple ways where this whole complaint and everything in here is completely bogus and of no legal effect.
[42:45.000 --> 42:48.000]  Did you file a motion to quash the complaint?
[42:48.000 --> 42:49.000]  Oh, absolutely.
[42:49.000 --> 42:50.000]  Every step of the way.
[42:50.000 --> 42:51.000]  Okay.
[42:51.000 --> 42:52.000]  All right.
[42:52.000 --> 43:08.000]  Then what I would do first, give this a shot, based upon what I've started out here with tonight, I would file a motion for a permanent injunction against the municipal court seeking to enforce disorder.
[43:08.000 --> 43:20.000]  When they deny it, file a petition directly with the state supreme court basing everything we're talking about as the reason why the injunction should be granted.
[43:20.000 --> 43:21.000]  Try that.
[43:21.000 --> 43:34.000]  And if the state supreme court ignores it or takes more than 120 days to sign off on it, which means they denied it automatically, then take them to federal court.
[43:34.000 --> 43:35.000]  Okay.
[43:35.000 --> 43:36.000]  All right.
[43:36.000 --> 43:44.000]  Well, I want to keep in touch with you on this because, you know, what you're working on, I want to work on it with you.
[43:44.000 --> 43:48.000]  And I think between both of us, we've got some good stuff to go after.
[43:48.000 --> 43:49.000]  Right, Mike.
[43:49.000 --> 43:50.000]  Not a problem.
[43:50.000 --> 43:51.000]  All right.
[43:51.000 --> 43:52.000]  Thanks, Eddie.
[43:52.000 --> 43:53.000]  Okay.
[43:53.000 --> 43:54.000]  You're welcome.
[43:54.000 --> 43:55.000]  Stay on the line.
[43:55.000 --> 43:57.000]  512-646-1984 is the call-in number.
[43:57.000 --> 44:00.000]  We'll be right back.
[44:00.000 --> 44:03.000]  Are you the plaintiff or defendant in a lawsuit?
[44:03.000 --> 44:06.000]  Win your case without an attorney with jurisdictionary.
[44:06.000 --> 44:14.000]  The affordable, easy to understand four CD course that will show you how in 24 hours, death by steps.
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[44:55.000 --> 45:00.000]  Or call toll-free 866-LAW-EZ.
[45:00.000 --> 45:02.000]  Hey, did you hear?
[45:02.000 --> 45:04.000]  Ron Paul has announced he's running for president in 2012.
[45:04.000 --> 45:05.000]  It is Ron Paul.
[45:05.000 --> 45:06.000]  Really?
[45:06.000 --> 45:08.000]  Okay, put down the cell phone for one minute.
[45:08.000 --> 45:11.000]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.000 --> 45:14.000]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[45:14.000 --> 45:15.000]  Of course you do.
[45:15.000 --> 45:16.000]  Now, listen closely.
[45:16.000 --> 45:21.000]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[45:21.000 --> 45:24.000]  They have all of his books and many of the books he talks about.
[45:24.000 --> 45:29.000]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[45:29.000 --> 45:30.000]  Brave New Books?
[45:30.000 --> 45:32.000]  Did they have Harry Potter and Twilight?
[45:32.000 --> 45:38.000]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[45:38.000 --> 45:40.000]  Ugh, that sounds like that show on the Discovery Channel.
[45:40.000 --> 45:47.000]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website BraveNewBookStore.com.
[45:47.000 --> 45:48.000]  What are you doing?
[45:48.000 --> 45:53.000]  I'm tweeting all my friends that they should go to BraveNewBookStore.com or down to the bookstore in person.
[45:53.000 --> 45:54.000]  Where's it located?
[45:54.000 --> 45:56.000]  1904 Guadalupe Street.
[45:56.000 --> 45:57.000]  There, it's sent.
[45:57.000 --> 45:58.000]  I even made a smiley face.
[45:58.000 --> 46:19.000]  Great.
[46:19.000 --> 46:20.000]  Okay folks, we're back.
[46:20.000 --> 46:21.000]  Sorry, go ahead Eddie.
[46:21.000 --> 46:23.000]  We are back.
[46:23.000 --> 46:26.000]  We're going to finish up with Mike, Bill, Wendy, we see you there on the board.
[46:26.000 --> 46:30.000]  We did have a caller or two drop off while we were on break, so folks please call back in.
[46:30.000 --> 46:32.000]  We'll get to you as quickly as we can.
[46:32.000 --> 46:37.000]  Mike, Debra has a statute she wants to make you aware of.
[46:37.000 --> 46:50.000]  What this is going to do, the statute she's going to read is what's going to be put in your petition to the federal court as the enabling statute that allows you to have this addressed at the federal level.
[46:50.000 --> 46:52.000]  Debra, you want to go ahead and tell him about it?
[46:52.000 --> 47:09.000]  Yeah, this is the statute that makes this issue a federal question because you have to show how and why the federal courts have jurisdiction over the matter in order for them to be able to hear the case and give you any kind of ruling.
[47:09.000 --> 47:13.000]  If they don't have subject matter jurisdiction, they don't have subject matter jurisdiction, they can't hear the case.
[47:13.000 --> 47:23.000]  And so this is the, like Eddie says, the enabling statute that shows that this issue is indeed what's called a federal question.
[47:23.000 --> 47:28.000]  And that is Title 28, Section 1343.
[47:28.000 --> 47:31.000]  It goes to violations of civil rights.
[47:31.000 --> 47:47.000]  And you can look that up and where I'm reading here is in paragraph A, sub-paragraphs one through three, namely three. Well, it says here that the district, okay, paragraph A, before we get to the sub-paragraphs.
[47:47.000 --> 47:55.000]  Section 1343, Title 28, the district court shall have original jurisdiction of any civil action authorized by law to be commenced by any person.
[47:55.000 --> 48:13.000]  One, sub-paragraph one, to recover damages for injury to his personal property or because of the deprivation of any right or privilege of a citizen of the United States by any act done in furtherance of any conspiracy mentioned in Section 1985 of Title 42.
[48:13.000 --> 48:38.000]  And then we have sub-paragraph three, which says to redress the deprivation under color of any state law, statute, ordinance, regulation, custom or usage of any right privilege or immunity secured by the Constitution of the United States or by any act of Congress providing for equal rights of citizens or of all persons within the jurisdiction.
[48:38.000 --> 48:40.000]  Okay, so it also goes to equal rights.
[48:40.000 --> 49:05.000]  Okay, but the bottom line here, this sub-paragraph three of paragraph A of Section 1343 of Title 28, that's how you bring these violations and color of state law into the federal court system because you're redressing the deprivation of your rights under the color of any state law, statute, ordinance or regulation.
[49:05.000 --> 49:06.000]  Okay.
[49:06.000 --> 49:14.000]  All right, so that's your enabling statute and then for your causes of action, you would go to Title 18 and these other things that Eddie was saying.
[49:14.000 --> 49:15.000]  Okay.
[49:15.000 --> 49:16.000]  Does that make sense?
[49:16.000 --> 49:20.000]  Yeah, that was 28 USC, you said 1343.
[49:20.000 --> 49:21.000]  Yes.
[49:21.000 --> 49:22.000]  Got it.
[49:22.000 --> 49:23.000]  Okay.
[49:23.000 --> 49:27.000]  Yeah, I just didn't hear the second number there, but yeah, I got it down.
[49:27.000 --> 49:42.000]  1343, Title 28, Section 1343, paragraph A and that would be sub-paragraph three, which would mainly be the main thing, but when you file your federal petition, you would just list Title 28, Section 1343 and they'll know.
[49:42.000 --> 49:43.000]  Got it.
[49:43.000 --> 49:54.000]  You're bringing violations of right of your fundamental rights that have occurred under color of state law or ordinances.
[49:54.000 --> 50:00.000]  That's what allows you to bring that into the federal court system in a civil case.
[50:00.000 --> 50:01.000]  Super.
[50:01.000 --> 50:02.000]  All right.
[50:02.000 --> 50:03.000]  I'm going to get working on it.
[50:03.000 --> 50:04.000]  Okay.
[50:04.000 --> 50:11.000]  And then go back and listen to Archive or Eddie, you want to repeat what the causes of action, the other statutes are?
[50:11.000 --> 50:12.000]  I got it.
[50:12.000 --> 50:13.000]  Okay.
[50:13.000 --> 50:14.000]  All right.
[50:14.000 --> 50:15.000]  Very good.
[50:15.000 --> 50:17.000]  Yeah, 18242 and 421983, yeah.
[50:17.000 --> 50:19.000]  That's 421983.
[50:19.000 --> 50:34.000]  That's where it says, or maybe you might want to look in 1985, Title 421985 because that would allow you to sue under sub-paragraph one of paragraph A of 1343.
[50:34.000 --> 50:42.000]  You could get in paragraph one or paragraph three of paragraph A of Section 1343.
[50:42.000 --> 50:43.000]  All right.
[50:43.000 --> 50:44.000]  Well, we're off.
[50:44.000 --> 50:46.000]  We're going to see what we can do with it.
[50:46.000 --> 50:47.000]  Okay.
[50:47.000 --> 50:48.000]  Great.
[50:48.000 --> 50:49.000]  Thanks.
[50:49.000 --> 50:50.000]  Thanks, Mike.
[50:50.000 --> 50:53.000]  All right.
[50:53.000 --> 50:54.000]  Are we ready?
[50:54.000 --> 50:55.000]  Yeah, we're ready to go on.
[50:55.000 --> 51:00.000]  We've got Bill and Wendy and one of the caller, Matt was on the line and then he dropped off Matt.
[51:00.000 --> 51:04.000]  If you'd like to call back in, we'll put you back up in the queue where you were.
[51:04.000 --> 51:06.000]  We've got Bill next.
[51:06.000 --> 51:07.000]  Bill, thanks for calling in.
[51:07.000 --> 51:09.000]  What is your question for us tonight?
[51:09.000 --> 51:13.000]  My question has to do with the arraignment and plea in the municipal court.
[51:13.000 --> 51:19.000]  I was reviewing some information in the judge's book and if I could, I'd like to read this to you.
[51:19.000 --> 51:25.000]  The process, which is the appearance, first appearance, the process in the is often, though,
[51:25.000 --> 51:28.000]  not quite properly referred to as an arraignment.
[51:28.000 --> 51:35.000]  The court must take a plea before a conversation about the case or sentencing should take place.
[51:35.000 --> 51:41.000]  Now, when you go to the arraignment in the judge's book, which is Chapter 6, arraignments
[51:41.000 --> 51:46.000]  are not required in misdemeanor cases, punishable by fine only.
[51:46.000 --> 51:54.000]  This has been caused by confusion in municipal and justice courts because the Texas Code of Criminal Procedure
[51:54.000 --> 51:57.000]  provides no proper name for the defendant.
[51:57.000 --> 52:02.000]  Initial appearance to enter a plea in the municipal or justice court.
[52:02.000 --> 52:12.000]  That's because in the municipal or justice court, Title 45, Chapter 45, says that the plea is to be entered after the impaneling of the jury.
[52:12.000 --> 52:14.000]  Correct.
[52:14.000 --> 52:20.000]  Now, however, the problem they do have is 1517.
[52:20.000 --> 52:32.000]  1517, G says very clearly that when an individual appears in compliance with a citation issued pursuant 1406B or C,
[52:32.000 --> 52:40.000]  the magistrate is required to perform everything that's said to be required in 1517.
[52:40.000 --> 52:48.000]  And these are the four things that involve court appearances that 1517A requires.
[52:48.000 --> 52:58.000]  The magistration itself, this first appearance, the right to an examining trial, which would be a second appearance,
[52:58.000 --> 53:07.000]  the right to an arraignment in which case the judge is required to sign an order and provide you with a copy of said order
[53:07.000 --> 53:12.000]  to appear at a later date in a different court for that purpose.
[53:12.000 --> 53:15.000]  And fourth, the actual trial.
[53:15.000 --> 53:22.000]  Now, in between arraignment and trial, there may or may not be appearances for the purpose of motions hearings,
[53:22.000 --> 53:28.000]  but at a minimum, the Code of Criminal Procedure dictates four.
[53:28.000 --> 53:29.000]  Right.
[53:29.000 --> 53:36.000]  Because my question was going to be for probable cause to be confirmed, the police officer,
[53:36.000 --> 53:45.000]  said to me that his probable cause was founded. They'd be able to file a 242 or 241.
[53:45.000 --> 53:52.000]  If his probable cause has been substantiated, then he's not held liable according to what the bench book says.
[53:52.000 --> 53:54.000]  Right, but see, here's the other problem.
[53:54.000 --> 53:57.000]  Without the examining trial, they can't do that.
[53:57.000 --> 54:03.000]  The entire purpose of the examining trial is to check two issues of probable cause.
[54:03.000 --> 54:10.000]  One is self-lawful, and was the probable cause used to initiate the arrest lawful?
[54:10.000 --> 54:21.000]  Right, so if they've never done that, then you can hold the magistrate since there was the judge for no jurisdiction in the case.
[54:21.000 --> 54:33.000]  Correct, because that same provision requires that when that examining trial is conducted, if there is no order issued finding probable cause by the magistrate,
[54:33.000 --> 54:39.000]  signed, sealed, and delivered within 48 hours, the case is to be dismissed.
[54:39.000 --> 54:42.000]  They never provide you with the examining trial.
[54:42.000 --> 54:53.000]  By default, the case was dismissed 48 hours after that initial appearance, because no order finding probable cause was ever made.
[54:53.000 --> 55:02.000]  Okay, now when you get a citation, and they bring you before the magistrate, and the magistrate locks you up for a fine only offense,
[55:02.000 --> 55:16.000]  the text of the pallet court has said that that is inapplicable. They just said that in a misdemeanor case, confinement should not be a cause.
[55:16.000 --> 55:17.000]  Correct.
[55:17.000 --> 55:19.000]  They hold you over for a pretrial.
[55:19.000 --> 55:21.000]  That's correct.
[55:21.000 --> 55:32.000]  How can they hold you in jail pretrial to an offense which on its face says you cannot put them in jail even if they're found guilty?
[55:32.000 --> 55:38.000]  Right, okay. I just needed some reassurance from which I'm doing here. Okay, I appreciate it, Eddie.
[55:38.000 --> 55:46.000]  Yeah, this is the problem with below average IQs being in charge of understanding written words.
[55:46.000 --> 55:59.000]  I sent in for information which took three months for the common law, and now I'm being offered out-of-court settlement with this JP judge,
[55:59.000 --> 56:05.000]  because I brought these issues up, and what the county attorney has sent me were the issues that I just read to you,
[56:05.000 --> 56:09.000]  which they're trying to use to substantiate for what they did.
[56:09.000 --> 56:21.000]  Yeah, they always will, but the problem is what they're implying does not factor into the law or the Constitution out-of-one.
[56:21.000 --> 56:27.000]  Right, okay. So they're just trying to blow smoke is what they're doing here.
[56:27.000 --> 56:36.000]  Well, the problem is is they're covering each other's backs, and that's a hard thing to overcome in this game. You're a one-man football team.
[56:36.000 --> 56:39.000]  That's what I've been feeling like, too.
[56:39.000 --> 56:45.000]  Okay, and unfortunately that's the position the legislature has left us in.
[56:45.000 --> 56:56.000]  They've given all the tools to government and deprived the people of any recourse to use any of those tools for themselves for their own protection.
[56:56.000 --> 57:02.000]  I agree. Well, I'm going to get off so other callers can get on. I appreciate the information.
[57:02.000 --> 57:08.000]  All right, thanks, Bill. Bye-bye. Okay, next we're going to go to Matt. He's a first-time caller.
[57:08.000 --> 57:13.000]  We like to put the first-time callers at the head of the queue, and folks who are going to be calling in the next hour.
[57:13.000 --> 57:24.000]  The calling number is 512-646-1984, and I would just like to remind folks that on Monday nights, I do not have my volunteer call screener,
[57:24.000 --> 57:30.000]  and so I have to screen calls and be on the air at the same time, which is a very difficult thing to do.
[57:30.000 --> 57:35.000]  Please do not try to ask me questions when I'm screening your call.
[57:35.000 --> 57:40.000]  All right, I'm running a one-man show here as far as producing these radio shows,
[57:40.000 --> 57:46.000]  and having to be on the air and screen calls is an extremely difficult thing to do at the same time,
[57:46.000 --> 57:48.000]  because when I need to be on the air, I need to be on the air.
[57:48.000 --> 57:53.000]  So when I screen calls, I have to do it very quickly, so please just listen to my instructions,
[57:53.000 --> 57:57.000]  and please do not try to talk to me when I'm screening your calls.
[57:57.000 --> 58:01.000]  We'll talk to you on the air. That's what this call is for.
[58:01.000 --> 58:06.000]  All right, well, we're going to break now top of the air, but let's just go to Matt quickly.
[58:06.000 --> 58:10.000]  We've got a few seconds. Matt, thank you for calling in.
[58:10.000 --> 58:14.000]  Give us a brief rundown, and we will hold you over to the other side.
[58:14.000 --> 58:16.000]  Awesome. Thanks for having me on.
[58:16.000 --> 58:23.000]  I just had some quick questions. I live in Austin, Texas, and I recently saw this YouTube video that went viral.
[58:23.000 --> 58:29.000]  I don't know if you guys are familiar with it, but it's the daft recording of a police officer
[58:29.000 --> 58:33.000]  who pulled over a gentleman. I'm not sure whether it was in Texas or not,
[58:33.000 --> 58:37.000]  but it was a gentleman who had a concealed handgun license in his state.
[58:37.000 --> 58:41.000]  He was carrying a handgun with him in the car at the time of the traffic stop,
[58:41.000 --> 58:45.000]  and he stopped me at any time just to be familiar with the video.
[58:45.000 --> 58:48.000]  Yeah, I haven't seen the video, but I am familiar with it, but Matt,
[58:48.000 --> 58:52.000]  just stay right there because we are going to break with the top of the hour. Can you hold?
[58:52.000 --> 58:55.000]  Okay. All right, Matt, we're going to continue to talk to you when we get on the other side,
[58:55.000 --> 58:59.000]  and then we've got our good friend, Wendy from Tennessee, and more. We'll be right back.
[58:59.000 --> 59:03.000]  Would you like to make more definite progress in your walk with God?
[59:03.000 --> 59:10.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:10.000 --> 59:15.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:15.000 --> 59:19.000]  It's an accurate translation, and it contains thousands of footnotes
[59:19.000 --> 59:22.000]  that will help you to know God and to know the meaning of life.
[59:22.000 --> 59:27.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:27.000 --> 59:33.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:33.000 --> 59:37.000]  growing in Christ, and how to build up the church.
[59:37.000 --> 59:43.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:43.000 --> 59:50.000]  call Bibles for America toll-free at 888-551-0102.
[59:50.000 --> 59:54.000]  That's 888-551-0102.
[59:54.000 --> 59:59.000]  Or visit us online at bfa.org.
[59:59.000 --> 01:00:04.000]  This news brief brought to you by the International Newsnet.
[01:00:04.000 --> 01:00:09.000]  Australia's High Court Monday extended a temporary halt to deporting asylum seekers.
[01:00:09.000 --> 01:00:14.000]  Australia plans to send up to 800 asylum seekers to Malaysia where they fear torture
[01:00:14.000 --> 01:00:20.000]  and other reprisals in return for accepting 4,000 registered refugees from the country over four years.
[01:00:20.000 --> 01:00:25.000]  Unaccompanied children would not be exempt from transfer.
[01:00:25.000 --> 01:00:30.000]  Standard and Poor's Monday cited Republican stubbornness in the recent debt deal
[01:00:30.000 --> 01:00:33.000]  for their decision to downgrade the US's credit rating.
[01:00:33.000 --> 01:00:40.000]  Representative Paul Ryan claimed Sunday, S&P's downgrade was a vindication of Republican actions,
[01:00:40.000 --> 01:00:45.000]  but official S&P research update pinpoints Republican opposition to raising revenues
[01:00:45.000 --> 01:00:51.000]  for its lack of confidence in Washington's ability to manage the national debt.
[01:00:51.000 --> 01:00:56.000]  House Financial Services Committee Ranking Member Barney Frank said Monday military spending
[01:00:56.000 --> 01:01:01.000]  was one of the causes of Standard and Poor's downgrade of sovereign US credit.
[01:01:01.000 --> 01:01:06.000]  Frank said, we spend far more of our economy as a national percentage on the military
[01:01:06.000 --> 01:01:11.000]  than just about any nation except Israel, adding, we could be the strongest nation in the world
[01:01:11.000 --> 01:01:16.000]  for $400 billion instead of $700 billion.
[01:01:16.000 --> 01:01:21.000]  The Pan-Arab newspaper Ashok al-Assad reported Monday US officials have convinced
[01:01:21.000 --> 01:01:27.000]  Yemeni President Ali Abdullah Saleh, convalescing in Saudi Arabia from an assassination attempt
[01:01:27.000 --> 01:01:32.000]  not to return to his country. Yemeni officials have denied the report.
[01:01:32.000 --> 01:01:37.000]  Biting between troops loyal to Saleh and pro-opposition tribesmen has intensified
[01:01:37.000 --> 01:01:42.000]  and mass protests against Saleh's 33-year rule are now in their seventh month.
[01:01:42.000 --> 01:01:47.000]  US sources told the paper Saleh had been greatly influenced by the spectacle
[01:01:47.000 --> 01:01:53.000]  of former Egyptian leader Hosni Mubarak facing charges inside a cage in a Cairo court last week.
[01:01:53.000 --> 01:01:59.000]  The US and neighboring oil giant Saudi Arabia have tried to stave off rising turmoil in Yemen
[01:01:59.000 --> 01:02:03.000]  by pursuing a power transition plan brokered by Gulf countries.
[01:02:03.000 --> 01:02:08.000]  Saleh had previously reneged on the deal but is now expected to comply in exchanges
[01:02:08.000 --> 01:02:11.000]  for guarantees of immunity.
[01:02:11.000 --> 01:02:16.000]  In Houston Saturday, Texas Governor Rick Perry led 30,000 people in prayer at a rally.
[01:02:16.000 --> 01:02:20.000]  Perry is expected to announce his presidential candidacy soon.
[01:02:20.000 --> 01:02:25.000]  His rally was backed by the International House of Prayer whose evangelical founder argues
[01:02:25.000 --> 01:02:29.000]  Opera Winfrey is a harlot who signals the apocalypse.
[01:02:29.000 --> 01:02:33.000]  Dr. Cindy Jacobs, a speaker at the prayer fest, had said earlier
[01:02:33.000 --> 01:02:38.000]  the sudden death of blackbirds in BB Arkansas in January was divine punishment
[01:02:38.000 --> 01:02:42.000]  for the repeal of the military's Don't Ask, Don't Tell policy.
[01:02:42.000 --> 01:02:46.000]  Jacobs has also called Girl on Girl Kissing a plague on society
[01:02:46.000 --> 01:02:51.000]  and asked divine forgiveness for the violation of a woman's quote natural use.
[01:02:51.000 --> 01:02:55.000]  Though billed as an apolitical day of prayer, Perry's event gave him the opportunity
[01:02:55.000 --> 01:03:17.000]  to appeal to Christian conservative voters.
[01:03:26.000 --> 01:03:33.000]  It's all according to the will of the Almighty.
[01:03:33.000 --> 01:03:41.000]  I read his book and it says he cares not for the other sightings.
[01:03:41.000 --> 01:03:50.000]  These warmongers come by that term right there.
[01:03:50.000 --> 01:03:56.000]  I won't pay for the war with my body, ain't gonna pay for the car with my money.
[01:03:56.000 --> 01:04:03.000]  I won't pay for the fun with my body, their plans wicked and their logic shoddy,
[01:04:03.000 --> 01:04:07.000]  ain't gonna pay for the oil with my body.
[01:04:07.000 --> 01:04:14.000]  I won't pay for the boys with my money, ain't gonna pay for the kids with my body.
[01:04:14.000 --> 01:04:21.000]  The whole agenda smells funny, I wanna fight in a water of my own.
[01:04:21.000 --> 01:04:24.000]  Okay folks, we are back, hour number two.
[01:04:24.000 --> 01:04:29.000]  Tonight is Monday, August 8th.
[01:04:29.000 --> 01:04:32.000]  We're fighting in our own war, we're picking the fights.
[01:04:32.000 --> 01:04:34.000]  I wanna pay for war.
[01:04:34.000 --> 01:04:36.000]  We're paying for our own war this time.
[01:04:36.000 --> 01:04:39.000]  This one will be much less accident-prone.
[01:04:39.000 --> 01:04:43.000]  So that's where we have to take it folks.
[01:04:43.000 --> 01:04:44.000]  We have to pick the fight.
[01:04:44.000 --> 01:04:45.000]  We have to be the plaintiff.
[01:04:45.000 --> 01:04:48.000]  We have to sue the living, you know what, out of these people.
[01:04:48.000 --> 01:04:50.000]  We have to file criminal charges against them.
[01:04:50.000 --> 01:04:54.000]  We have to take control of the situation.
[01:04:54.000 --> 01:04:57.000]  We can't always play the victim mentality here.
[01:04:57.000 --> 01:04:59.000]  In fact, we can never do that.
[01:04:59.000 --> 01:05:03.000]  We've gotta get out of the victim mentality, out of the defense mode,
[01:05:03.000 --> 01:05:08.000]  and into the plaintiff mode if we want to really win these cases.
[01:05:08.000 --> 01:05:11.000]  We're gonna go back to Matt and Matt.
[01:05:11.000 --> 01:05:13.000]  Matt, I have not seen the video,
[01:05:13.000 --> 01:05:16.000]  but I have heard much discussion about it.
[01:05:16.000 --> 01:05:17.000]  So please continue.
[01:05:17.000 --> 01:05:20.000]  Before I keep going, I have to say I just support what you just said
[01:05:20.000 --> 01:05:21.000]  to the listeners.
[01:05:21.000 --> 01:05:23.000]  That's the most important thing.
[01:05:23.000 --> 01:05:27.000]  And recently, my being recommended at this radio station
[01:05:27.000 --> 01:05:30.000]  has totally reinforced that message in me.
[01:05:30.000 --> 01:05:32.000]  So anybody who's listening, keep fighting.
[01:05:32.000 --> 01:05:33.000]  Thank you Matt.
[01:05:33.000 --> 01:05:37.000]  Matt, do you have a YouTube name for this video you're discussing?
[01:05:37.000 --> 01:05:41.000]  I don't, but if you search any of the terms I'm about to discuss,
[01:05:41.000 --> 01:05:43.000]  you'll find it immediately.
[01:05:43.000 --> 01:05:45.000]  It's a man who has pulled over in a traffic stop,
[01:05:45.000 --> 01:05:51.000]  and the video is taken from the police officer who pulled him over as dash cam.
[01:05:51.000 --> 01:05:58.000]  Basically, it records the entire audio of what the police officer says.
[01:05:58.000 --> 01:06:00.000]  Matt?
[01:06:00.000 --> 01:06:03.000]  Uh-oh, Matt just dropped off the line.
[01:06:03.000 --> 01:06:08.000]  All right, well, hopefully he'll call back in.
[01:06:08.000 --> 01:06:09.000]  That's too bad.
[01:06:09.000 --> 01:06:13.000]  All right, well, we'll go ahead and we'll go to Wendy while we're waiting.
[01:06:13.000 --> 01:06:15.000]  Yeah, let's go to Wendy while we're waiting on Matt.
[01:06:15.000 --> 01:06:18.000]  Matt, if you're out there listening, just call back in,
[01:06:18.000 --> 01:06:21.000]  and we'll get right back to you as soon as we're done with Wendy.
[01:06:21.000 --> 01:06:23.000]  Wendy, long time.
[01:06:23.000 --> 01:06:24.000]  We haven't heard from you.
[01:06:24.000 --> 01:06:25.000]  What's been going on?
[01:06:25.000 --> 01:06:28.000]  Well, in the usual about everything,
[01:06:28.000 --> 01:06:30.000]  but I was sitting here looking at my driver's glasses,
[01:06:30.000 --> 01:06:34.000]  and I started thinking, well, at least I've got one, right?
[01:06:34.000 --> 01:06:42.000]  Anyway, it says a class C driver's glasses.
[01:06:42.000 --> 01:06:45.000]  And I'm turning over in the back, and you know what it says?
[01:06:45.000 --> 01:06:49.000]  It is a vehicle of 26,000 pounds.
[01:06:49.000 --> 01:06:51.000]  That's a big vehicle.
[01:06:51.000 --> 01:06:55.000]  No, it's an 80 vehicle up to 26,000 pounds.
[01:06:55.000 --> 01:06:57.000]  No, you don't say that.
[01:06:57.000 --> 01:07:01.000]  It says 26,000 pounds operators.
[01:07:01.000 --> 01:07:08.000]  Well, normally 26,001 pounds is a class A commercial license.
[01:07:08.000 --> 01:07:17.000]  Anything between 10,000 and 20,000, 26,001 is a class B.
[01:07:17.000 --> 01:07:23.000]  Anything under 10,000 or fewer than 16 passengers, including the driver,
[01:07:23.000 --> 01:07:26.000]  it can be class C.
[01:07:26.000 --> 01:07:30.000]  That's the way it's normally set up in virtually every state.
[01:07:30.000 --> 01:07:31.000]  Yeah.
[01:07:31.000 --> 01:07:35.000]  Well, I was listening to it, to a call on rod class,
[01:07:35.000 --> 01:07:37.000]  and they was talking about, on your driver's license,
[01:07:37.000 --> 01:07:41.000]  it would say it'd be in commercial driver's license,
[01:07:41.000 --> 01:07:42.000]  which I know this is, okay?
[01:07:42.000 --> 01:07:46.000]  And it'd be a CL, a DCL or something on it.
[01:07:46.000 --> 01:07:47.000]  And I can't find that.
[01:07:47.000 --> 01:07:48.000]  My thought is funny.
[01:07:48.000 --> 01:07:49.000]  CDL.
[01:07:49.000 --> 01:07:50.000]  Okay.
[01:07:50.000 --> 01:07:56.000]  Okay, but remember, there are two distinct types of commercial licenses.
[01:07:56.000 --> 01:08:01.000]  The difference between a DL commercial license and a CDL commercial license
[01:08:01.000 --> 01:08:06.000]  is 16 or more passengers,
[01:08:06.000 --> 01:08:14.000]  or the operator must have a hazardous materials placard
[01:08:14.000 --> 01:08:16.000]  for whatever he's hauling.
[01:08:16.000 --> 01:08:23.000]  Anyone doing either of those two jobs must be CDL certified.
[01:08:23.000 --> 01:08:27.000]  Otherwise, a DL will suffice as long as it is the correct class
[01:08:27.000 --> 01:08:32.000]  for the type of commercial activity you're engaging in.
[01:08:32.000 --> 01:08:33.000]  Okay.
[01:08:33.000 --> 01:08:40.000]  Any truck driver can operate a semi truck with a loaded trailer on a class A license
[01:08:40.000 --> 01:08:45.000]  as long as what he's hauling does not require a hazmat placard.
[01:08:45.000 --> 01:08:51.000]  That's interesting to know.
[01:08:51.000 --> 01:08:56.000]  And that's exactly why Chapter 522 here in Texas specifically states,
[01:08:56.000 --> 01:09:01.000]  the Department of Public Safety is authorized to issue the following
[01:09:01.000 --> 01:09:05.000]  classifications of commercial driver's licenses,
[01:09:05.000 --> 01:09:08.000]  class A, class B, class C.
[01:09:08.000 --> 01:09:11.000]  That's it.
[01:09:11.000 --> 01:09:15.000]  So it doesn't matter which chapter you're in, 521 or 522,
[01:09:15.000 --> 01:09:20.000]  the classification is for a commercial driver's license
[01:09:20.000 --> 01:09:27.000]  and the type of motor vehicle that license is authorized to operate for that occupation.
[01:09:27.000 --> 01:09:32.000]  And you have to have special instructions on those, correct?
[01:09:32.000 --> 01:09:34.000]  Well, you can have.
[01:09:34.000 --> 01:09:38.000]  There can be restrictions and those are called provisions.
[01:09:38.000 --> 01:09:46.000]  For instance, must wear corrective eyewear or can't drive after sundown,
[01:09:46.000 --> 01:09:50.000]  you know, no not driving, things of that nature.
[01:09:50.000 --> 01:09:55.000]  So they can put provisions on any commercial license.
[01:09:55.000 --> 01:09:57.000]  Okay.
[01:09:57.000 --> 01:09:58.000]  Okay.
[01:09:58.000 --> 01:09:59.000]  I just thought that was interesting.
[01:09:59.000 --> 01:10:02.000]  I knew you'd cleared that up for me.
[01:10:02.000 --> 01:10:03.000]  Glad to help.
[01:10:03.000 --> 01:10:04.000]  Yeah.
[01:10:04.000 --> 01:10:08.000]  I just thought, well, my car don't weigh 26,000 pounds.
[01:10:08.000 --> 01:10:09.000]  Yeah.
[01:10:09.000 --> 01:10:12.000]  Normally a class C is anything under 10.
[01:10:12.000 --> 01:10:15.000]  Now, every state may do it a little different,
[01:10:15.000 --> 01:10:23.000]  but I don't see a class C being capable even up in Tennessee of operating a 26,000 pound vehicle.
[01:10:23.000 --> 01:10:26.000]  Now, mine is a class D.
[01:10:26.000 --> 01:10:27.000]  My driver's license is.
[01:10:27.000 --> 01:10:28.000]  Right.
[01:10:28.000 --> 01:10:30.000]  Now, this is what some states do do.
[01:10:30.000 --> 01:10:37.000]  Class D is to signify the licenses for noncommercial commercial use.
[01:10:37.000 --> 01:10:41.000]  Explain that one to me.
[01:10:41.000 --> 01:10:42.000]  Okay.
[01:10:42.000 --> 01:10:48.000]  But every license number one must be applied for.
[01:10:48.000 --> 01:10:50.000]  Look up the word apply.
[01:10:50.000 --> 01:10:53.000]  It's strictly voluntary.
[01:10:53.000 --> 01:10:59.000]  You can't be forced to apply for something because it's a request to get whatever privileges
[01:10:59.000 --> 01:11:01.000]  associated with the license.
[01:11:01.000 --> 01:11:02.000]  Exactly.
[01:11:02.000 --> 01:11:04.000]  That's why you have to get off the application.
[01:11:04.000 --> 01:11:06.000]  Correct.
[01:11:06.000 --> 01:11:09.000]  So, when you fill out that application, you're saying,
[01:11:09.000 --> 01:11:16.000]  please take away these rights and give me these privileges in their place.
[01:11:16.000 --> 01:11:21.000]  Well, sort of, but if you didn't want to apply for it and they pull you over.
[01:11:21.000 --> 01:11:23.000]  Well, then you're not making that concession.
[01:11:23.000 --> 01:11:27.000]  You're not saying take these rights and give me these privileges.
[01:11:27.000 --> 01:11:35.000]  Now, you get to say, you can't convert my right into a privilege by force or coercion.
[01:11:35.000 --> 01:11:37.000]  Different argument.
[01:11:37.000 --> 01:11:39.000]  Yeah.
[01:11:39.000 --> 01:11:41.000]  It's the same thing we had with the flowers.
[01:11:41.000 --> 01:11:43.000]  It was totally voluntary.
[01:11:43.000 --> 01:11:44.000]  Yes.
[01:11:44.000 --> 01:11:45.000]  Exactly.
[01:11:45.000 --> 01:11:50.000]  And that's where they supposed to give you administrative hearing.
[01:11:50.000 --> 01:11:51.000]  Yes.
[01:11:51.000 --> 01:11:53.000]  If you petition for one.
[01:11:53.000 --> 01:11:54.000]  Yes.
[01:11:54.000 --> 01:12:01.000]  It depends. If the law says that the administrative board has original jurisdiction,
[01:12:01.000 --> 01:12:03.000]  petitioning serves no purpose.
[01:12:03.000 --> 01:12:06.000]  They have original jurisdiction and nobody else does.
[01:12:06.000 --> 01:12:08.000]  Oh, my gosh, Eddie.
[01:12:08.000 --> 01:12:11.000]  You just answered a question about our ordeal.
[01:12:11.000 --> 01:12:13.000]  That makes absolute sense.
[01:12:13.000 --> 01:12:14.000]  Okay.
[01:12:14.000 --> 01:12:19.000]  I got to answer this attorney with their claims and that's exactly what she said.
[01:12:19.000 --> 01:12:21.000]  They had original jurisdiction.
[01:12:21.000 --> 01:12:25.000]  She said that they did not have subject matter jurisdiction over the issue.
[01:12:25.000 --> 01:12:31.000]  But the law says exactly what you just said and that explained that to me completely.
[01:12:31.000 --> 01:12:32.000]  Yeah.
[01:12:32.000 --> 01:12:36.000]  If they have original jurisdiction over a particular subject matter,
[01:12:36.000 --> 01:12:42.000]  then they can't say that they don't have subject matter jurisdiction and they're deprived of it.
[01:12:42.000 --> 01:12:45.000]  It is a subject within their jurisdiction or it's not.
[01:12:45.000 --> 01:12:52.000]  And if it is and that court has original jurisdiction over any case involving that subject,
[01:12:52.000 --> 01:12:58.000]  no one else can hear it before that court and no other court can take it away from them.
[01:12:58.000 --> 01:13:00.000]  Wow.
[01:13:00.000 --> 01:13:02.000]  You answered a big question for me.
[01:13:02.000 --> 01:13:03.000]  Okay.
[01:13:03.000 --> 01:13:04.000]  Okay.
[01:13:04.000 --> 01:13:05.000]  Well, glad to help.
[01:13:05.000 --> 01:13:06.000]  Yes.
[01:13:06.000 --> 01:13:07.000]  I didn't have to do a driver.
[01:13:07.000 --> 01:13:09.000]  But for some reason I had to drive over the driving issue.
[01:13:09.000 --> 01:13:13.000]  But that explains everything to me and I appreciate that.
[01:13:13.000 --> 01:13:15.000]  I don't know, Zach, I have to answer this one.
[01:13:15.000 --> 01:13:16.000]  All right.
[01:13:16.000 --> 01:13:17.000]  All right.
[01:13:17.000 --> 01:13:18.000]  Well, I'm going to let you go.
[01:13:18.000 --> 01:13:19.000]  You all have a good night.
[01:13:19.000 --> 01:13:20.000]  No other callers are waiting.
[01:13:20.000 --> 01:13:21.000]  All right.
[01:13:21.000 --> 01:13:22.000]  Thank you again.
[01:13:22.000 --> 01:13:23.000]  They explained the APA.
[01:13:23.000 --> 01:13:24.000]  Okay, thanks.
[01:13:24.000 --> 01:13:25.000]  Thanks, Wendy.
[01:13:25.000 --> 01:13:26.000]  Good night.
[01:13:26.000 --> 01:13:28.000]  Okay, we're going to go back to Matt in Texas.
[01:13:28.000 --> 01:13:34.000]  He's talking about this video of this cop that freaked out over somebody that he had pulled over
[01:13:34.000 --> 01:13:38.000]  and he had a concealed handgun license and a concealed handgun.
[01:13:38.000 --> 01:13:43.000]  I'm trying to tell the officer about it as soon as the officer pulled him over because
[01:13:43.000 --> 01:13:52.000]  my understanding of concealed handgun licenses in Texas is that if you have a concealed handgun license,
[01:13:52.000 --> 01:13:56.000]  you don't always have to carry the license around on your person.
[01:13:56.000 --> 01:14:02.000]  But if you have a concealed handgun license and if you have the concealed handgun license
[01:14:02.000 --> 01:14:10.000]  with you and you have a concealed handgun with you, then you are required under the terms of that license
[01:14:10.000 --> 01:14:16.000]  to inform an officer that you have a concealed handgun license and that you have a concealed handgun.
[01:14:16.000 --> 01:14:22.000]  Now, the difference here is or there is a difference in the situation.
[01:14:22.000 --> 01:14:30.000]  Say, for example, you have a concealed handgun license, but you just decide you don't want to carry it,
[01:14:30.000 --> 01:14:32.000]  the license that is.
[01:14:32.000 --> 01:14:34.000]  Which is within your right.
[01:14:34.000 --> 01:14:39.000]  Which is within your right because in Texas there's the traveling statute which says that you,
[01:14:39.000 --> 01:14:47.000]  anybody can carry a handgun or any other kind of gun in their vehicle or in their automobile
[01:14:47.000 --> 01:14:51.000]  and you don't have to have a concealed handgun license for that.
[01:14:51.000 --> 01:14:58.000]  Now, my understanding of related statute is that if it's a long arm like a shotgun or a rifle,
[01:14:58.000 --> 01:15:00.000]  they expect you to conceal it.
[01:15:00.000 --> 01:15:03.000]  If it's a handgun, you're supposed to conceal it.
[01:15:03.000 --> 01:15:06.000]  You have to conceal it when it's in the car.
[01:15:06.000 --> 01:15:14.000]  But you can have a concealed handgun license and you don't have to carry the license with you.
[01:15:14.000 --> 01:15:22.000]  You can just carry your handgun in the vehicle or in the automobile with you concealed
[01:15:22.000 --> 01:15:29.000]  and in that situation, if you get pulled over by the police, you're not required under law to inform the police officer
[01:15:29.000 --> 01:15:33.000]  that you have a handgun or any other firearm in the vehicle.
[01:15:33.000 --> 01:15:45.000]  Because you don't have the concealed handgun license with you at the time.
[01:15:45.000 --> 01:15:48.000]  That's why you wouldn't have to inform the officer.
[01:15:48.000 --> 01:15:52.000]  But in this case of this video, there was an officer that pulled over somebody.
[01:15:52.000 --> 01:15:53.000]  They had the license.
[01:15:53.000 --> 01:15:54.000]  They had the handgun.
[01:15:54.000 --> 01:16:01.000]  They were per the terms of the contract, which is what it is, per the terms of the condition of the license.
[01:16:01.000 --> 01:16:08.000]  This person was attempting to inform the officer that he had a concealed handgun license and a concealed handgun.
[01:16:08.000 --> 01:16:10.000]  But the officer just kept telling him to shut up.
[01:16:10.000 --> 01:16:21.000]  I don't want to hear what you have to say and then finally later during the stop, the stop individual was able to inform the officer of the situation.
[01:16:21.000 --> 01:16:24.000]  And then the officer went ballistic and pulled a gun on him or something.
[01:16:24.000 --> 01:16:25.000]  I don't know.
[01:16:25.000 --> 01:16:27.000]  I haven't seen the video, but this is my understanding.
[01:16:27.000 --> 01:16:31.000]  This is a Canton, Ohio police officer.
[01:16:31.000 --> 01:16:32.000]  Yeah, exactly.
[01:16:32.000 --> 01:16:38.000]  Yeah, you can find it on YouTube under Canton PD or Canton Police Officer under investigation.
[01:16:38.000 --> 01:16:39.000]  Right.
[01:16:39.000 --> 01:16:40.000]  Right, Matt.
[01:16:40.000 --> 01:16:41.000]  Sorry, we're going to break again.
[01:16:41.000 --> 01:16:42.000]  Yeah.
[01:16:42.000 --> 01:16:43.000]  Hang on, Matt.
[01:16:43.000 --> 01:16:44.000]  Stay right there.
[01:16:44.000 --> 01:16:45.000]  Please try not to jump off the line again.
[01:16:45.000 --> 01:16:46.000]  But anyway, stay right there.
[01:16:46.000 --> 01:16:53.000]  We're going to talk about what potential legal remedies there are to situations like this when we get back on the other side.
[01:16:53.000 --> 01:17:01.000]  Callers would like to call in 512-646-1984.
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[01:18:00.000 --> 01:18:04.000]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.000 --> 01:18:09.000]  We specialize in showing people how to strike back against corrupt public officials.
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[01:19:14.000 --> 01:19:30.000]  Well, it ain't gonna fool me with that same old trick again. I was blindsided but now I can see your face.
[01:19:30.000 --> 01:19:41.000]  You put the fear in my pockets, took the money from my head. Ain't gonna fool me with that same old trick again.
[01:19:41.000 --> 01:19:50.000]  Okay, folks, we're back. We're talking with Matt about what happened to the Canton, Ohio police officer and he went more than ballistic.
[01:19:50.000 --> 01:19:59.000]  He threatened to execute the guy. Eddie, you want to read the quote from the video of what this officer actually said?
[01:19:59.000 --> 01:20:14.000]  Yeah, one of the things taken out of this is the officer says, you know what I should have done? I tell you what I should have done. As soon as I saw your gun, I should have taken two steps back, pulled my Glock 40 and just put 10 bullets in your A and let you drop.
[01:20:14.000 --> 01:20:24.000]  And I wouldn't have lost any sleep. Do you understand me? And he would have been a nice witness, referring to another police officer on the scene, as I executed you because you're stupid.
[01:20:24.000 --> 01:20:30.000]  These are the people that are out there for public safety? I don't think so.
[01:20:30.000 --> 01:20:36.000]  He threatened to execute the guy. He used the word execute.
[01:20:36.000 --> 01:20:59.000]  Yeah, so basically, regarding this whole situation, what it led me to question was, as a non-CHL but legal handgun owner in the state of Texas, A, am I at any disadvantage in regards to traffic stops with police in terms of transporting my firearm to and from the range, which I do?
[01:20:59.000 --> 01:21:00.000]  No.
[01:21:00.000 --> 01:21:09.000]  Absolutely not. There is an act on the books in Texas that specifically authorizes any individual in Texas to carry a gun in their car when they're traveling.
[01:21:09.000 --> 01:21:27.000]  In fact, Matt, you're at more of an advantage than if you did have a CHL license and had it on you because, like I said, per the terms and conditions of the agreement that you signed when you signed that contract, when you obtained that license,
[01:21:27.000 --> 01:21:34.000]  if you have a CHL license that you are carrying, now if you left it at home, this would not apply.
[01:21:34.000 --> 01:21:42.000]  But if you have the CHL license with you and you have the gun with you, you have to tell the police officer per the terms and conditions of that contract.
[01:21:42.000 --> 01:21:54.000]  But if you don't have the CHL license, at least if you don't have it with you on your person, you do not have to tell the officer you've got the gun in your glove box or under your seat or however it's concealed.
[01:21:54.000 --> 01:21:57.000]  You don't have to tell them nothing. You never even go there.
[01:21:57.000 --> 01:22:09.000]  Right. So in a way, it's very much the same principle you were just explaining to the last caller in terms of you signed that contract and you're signing away certain rights for certain privileges.
[01:22:09.000 --> 01:22:10.000]  Exactly.
[01:22:10.000 --> 01:22:11.000]  Okay.
[01:22:11.000 --> 01:22:16.000]  Now here's the thing though. When you carry it, it cannot be in plain view.
[01:22:16.000 --> 01:22:17.000]  Right.
[01:22:17.000 --> 01:22:33.000]  Okay. At least not for a handgun. If you're carrying a rifle or something of that nature, that you can have, you know, wherever you can put it as long as it's not in a position where it can appear as if you have it positioned for quick access and use.
[01:22:33.000 --> 01:22:40.000]  Yeah, they don't expect you to conceal. They don't expect you to conceal a long arm by any means.
[01:22:40.000 --> 01:22:51.000]  Yeah, but now this is exactly one of the reasons why during any traffic stop, I get out of my car, lock my door and put my keys in the front seat.
[01:22:51.000 --> 01:22:57.000]  When they ask me, do you have any weapons in the car? I say very simply, the car is locked. I'm outside of it.
[01:22:57.000 --> 01:23:04.000]  Whether or not any weapons do exist inside or irrelevant to this issue.
[01:23:04.000 --> 01:23:07.000]  So none of your business.
[01:23:07.000 --> 01:23:11.000]  Yeah, it's absolutely none of their business by any means.
[01:23:11.000 --> 01:23:19.000]  But to answer Matt's question, Matt, to answer your question, no, you're absolutely not at any disadvantage whatsoever.
[01:23:19.000 --> 01:23:22.000]  And you dropped off the line there, so I don't know if you heard what you're back.
[01:23:22.000 --> 01:23:34.000]  I don't know if you heard what Eddie said, but Eddie just said that when he gets stopped, he gets out of the car and puts the keys in the front seat and locks the door.
[01:23:34.000 --> 01:23:38.000]  I'm assuming Eddie's got a spare key in his pocket when he touches it.
[01:23:38.000 --> 01:23:39.000]  Yeah, one of my wallet.
[01:23:39.000 --> 01:23:40.000]  Can you hear me?
[01:23:40.000 --> 01:23:43.000]  Yeah, you're back. We're talking to you right now.
[01:23:43.000 --> 01:23:51.000]  And so when the police ask him if he's got a weapon in the car, then Eddie says, I'm outside of the car. The car is locked.
[01:23:51.000 --> 01:23:55.000]  Whether there's a weapon in the car or not is irrelevant. It's none of your business.
[01:23:55.000 --> 01:24:02.000]  I'm glad you brought this up because I've always been wondering this and this is something I should have asked you in the first place too.
[01:24:02.000 --> 01:24:07.000]  But I've actually done this before. Now, it wasn't related to firearms.
[01:24:07.000 --> 01:24:12.000]  It was related to something else when I was younger, foolish days, we'll leave it at that.
[01:24:12.000 --> 01:24:19.000]  But long story short, I was aware of my right to step out of the car and lock it during a traffic stop.
[01:24:19.000 --> 01:24:22.000]  And I did that and the officer asked me, why'd you lock your car?
[01:24:22.000 --> 01:24:24.000]  And I said, have it.
[01:24:24.000 --> 01:24:28.000]  And he immediately called the canine unit to search my car.
[01:24:28.000 --> 01:24:33.000]  I was underage. I was in high school. This was the...
[01:24:33.000 --> 01:24:42.000]  Well, the problem is, is he can't call the canine unit and delay the stop for anything longer than necessary than to fill out the citation.
[01:24:42.000 --> 01:24:47.000]  If he stopped you on a traffic violation, he had no probable cause to suspect drugs were in the car.
[01:24:47.000 --> 01:24:53.000]  So he held you illegally if he had you wait for a canine unit.
[01:24:53.000 --> 01:24:58.000]  If he had you wait for the canine unit, that is the key.
[01:24:58.000 --> 01:25:07.000]  Now, seven years ago, and I went... I mean, at the time, like I said, I was underage. I didn't fight it at all.
[01:25:07.000 --> 01:25:10.000]  So according to what you're saying, I was illegally held.
[01:25:10.000 --> 01:25:17.000]  Well, it depends. It depends, Matt, because having you wait for the canine is the key.
[01:25:17.000 --> 01:25:24.000]  All right, there's a somewhat recent Supreme Court case. The gentleman involved was Cabalus.
[01:25:24.000 --> 01:25:28.000]  C-A-B-A-L-L-E-S. I forgot what year it is. I could pull it up here in a minute.
[01:25:28.000 --> 01:25:31.000]  Maybe Eddie could look it up. Just wait, wait, hold on. Let me finish.
[01:25:31.000 --> 01:25:36.000]  Where you just look up Cabalus Supreme Court search dog.
[01:25:36.000 --> 01:25:46.000]  And what the Supreme Court ruled in that situation was that the officers do not have to have probable cause
[01:25:46.000 --> 01:25:51.000]  in order to bring the dog out in the first place. That's not the question.
[01:25:51.000 --> 01:25:59.000]  The question is whether or not the officers prolong the scope and duration of the stop beyond that,
[01:25:59.000 --> 01:26:06.000]  which is sufficiently necessary to facilitate the issuance of a traffic citation.
[01:26:06.000 --> 01:26:11.000]  That's almost a direct quote. I've practically memorized this case because I'm using it in one of my cases.
[01:26:11.000 --> 01:26:20.000]  And so what happened with Cabalus is that he got pulled over by some officers that had a dog with them.
[01:26:20.000 --> 01:26:28.000]  All right, there were two officers and they had the dog in the car with them at the time that Cabalus got pulled over.
[01:26:28.000 --> 01:26:35.000]  Well, while one officer was writing the tickets and doing the background check, looking for warrants or whatever,
[01:26:35.000 --> 01:26:46.000]  while one officer was conducting the business of the traffic stop, simultaneously the other officer was running the dog around the car.
[01:26:46.000 --> 01:26:53.000]  And the Supreme Court said that's okay. You can do that because you're not sufficiently...
[01:26:53.000 --> 01:27:04.000]  Wait, hold on. Let me finish. The Supreme Court said that that was okay because they were not sufficiently prolonging the duration of the stop.
[01:27:04.000 --> 01:27:11.000]  Now, I disagree with the Supreme Court. When it comes to the scope, they certainly were prolonging...
[01:27:11.000 --> 01:27:20.000]  They certainly were expanding upon the scope of the stop because they didn't pull them over to begin with because they suspected that he had drugs.
[01:27:20.000 --> 01:27:26.000]  They pulled them over to begin with because they were accusing him of speeding, a traffic violation.
[01:27:26.000 --> 01:27:36.000]  So the Supreme Court kind of... I disagree with them on the scope issue, but they were right on point when it comes to the duration issue.
[01:27:36.000 --> 01:27:42.000]  The police did not prolong the duration in that particular situation by bringing the dog out.
[01:27:42.000 --> 01:27:51.000]  Now, it depends on the facts in your case. Did they make you sit and wait while they brought a canine unit out?
[01:27:51.000 --> 01:27:57.000]  Oh, yeah. I sat on the curb for about 25 minutes. What year was this? 2007, you said?
[01:27:57.000 --> 01:28:03.000]  It was about seven years ago, I want to say. Oh, okay. Well, the Cabalas case was much more recent than that.
[01:28:03.000 --> 01:28:09.000]  But if you had fought it, you may have been able to take it all the way to the Supreme Court like Cabalas did.
[01:28:09.000 --> 01:28:13.000]  Cabalas was 2005. 2005? Okay.
[01:28:13.000 --> 01:28:21.000]  Like I said, I just brought that up as a side note since you mentioned that your habit of locking the door, stepping outside.
[01:28:21.000 --> 01:28:25.000]  But anyway, to get back to my main point, my second question.
[01:28:25.000 --> 01:28:31.000]  So considering all of these things, the CHL versus not CHL, transporting it to the range,
[01:28:31.000 --> 01:28:39.000]  if I were to be harassed by a police officer in a manner that was shown in the video regarding a traffic stop with a legally owned pistol,
[01:28:39.000 --> 01:28:42.000]  where would I start? What would be my legal recourse?
[01:28:42.000 --> 01:28:47.000]  Title 18, Title 42, United States Code.
[01:28:47.000 --> 01:28:57.000]  Sue him for official oppression, aggravated assault, excessive use of force, so on and so forth. Take your pick.
[01:28:57.000 --> 01:28:58.000]  Cool.
[01:28:58.000 --> 01:29:02.000]  Now keep in mind, and I'm not giving legal advice. We're not attorneys. We don't give legal advice.
[01:29:02.000 --> 01:29:14.000]  This shows for informational purposes only, but keep in mind that a concealed handgun license is so that you can carry a handgun concealed on public property.
[01:29:14.000 --> 01:29:15.000]  On your person.
[01:29:15.000 --> 01:29:18.000]  On your person. On public property.
[01:29:18.000 --> 01:29:21.000]  Nothing to do with taking it in your car.
[01:29:21.000 --> 01:29:31.000]  Even if you have the license on you, unless it is the handgun you're licensed for, you don't need to say anything about it as long as it's a long gun or something.
[01:29:31.000 --> 01:29:38.000]  And it also has nothing to do with carrying it concealed on your person on private property.
[01:29:38.000 --> 01:29:44.000]  Alright, so if you're going to say the grocery store or something like that, you don't need a CHL for that.
[01:29:44.000 --> 01:29:49.000]  As long as you're not walking on the sidewalk at some point in time.
[01:29:49.000 --> 01:29:55.000]  It goes to concealing it on your person on public property, i.e. government property.
[01:29:55.000 --> 01:29:59.000]  Alright, Matt, just stay right there. We'll be right back.
[01:29:59.000 --> 01:30:03.000]  Top 10 reasons to question the official story of the Oklahoma City Bombing.
[01:30:03.000 --> 01:30:08.000]  Number 9. The Extra Lake. Former Oklahoma State Medical Examiner Dr. Fred Jordan had stated,
[01:30:08.000 --> 01:30:12.000]  We had 8 people with amputated left legs and 9 left legs to account for.
[01:30:12.000 --> 01:30:18.000]  Chief Pathologist for Northern Ireland, T.K. Marshall, who performed over 2500 autopsies in his time, stated,
[01:30:18.000 --> 01:30:26.000]  There's never been an unknown victim. This leg belonged to a perpetrator close enough to the bomb or his body to be damaged, leaving only a left leg behind.
[01:30:26.000 --> 01:30:30.000]  Who was this person? Please go to okcbombingtruth.com
[01:30:33.000 --> 01:30:37.000]  There are only 24 hours in a day and you try to spend them wisely.
[01:30:37.000 --> 01:30:43.000]  Yet every hour you spend doing this activity increases your risk of a heart attack by up to 8%.
[01:30:43.000 --> 01:30:47.000]  I'm Dr. Catherine Albrecht and I'll be right back to tell you what it is.
[01:30:47.000 --> 01:30:53.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:53.000 --> 01:30:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:58.000 --> 01:31:03.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:31:03.000 --> 01:31:09.000]  Privacy, it's worth hanging on to. This public service announcement is brought to you by startpage.com.
[01:31:09.000 --> 01:31:16.000]  The private search engine alternative to Google, Yahoo and Bing. Start over with Start Page.
[01:31:16.000 --> 01:31:26.000]  You already know that staring flat-jawed at the boob tube makes you feel like a slug, but it turns out TV may be doing the same thing to your heart that it does to your mind.
[01:31:26.000 --> 01:31:32.000]  Researchers in England examine the television viewing habits of over 12,000 middle-aged and elderly people.
[01:31:32.000 --> 01:31:36.000]  They found the more TV they watched, the higher their risk of heart disease.
[01:31:36.000 --> 01:31:45.000]  In fact, for each additional hour of TV time, their risk of heart problems increased 6-8% regardless of how much they exercised.
[01:31:45.000 --> 01:31:51.000]  Americans watch an average of 5 hours of TV a day. Maybe it's time for a change of heart.
[01:31:51.000 --> 01:32:16.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:16.000 --> 01:32:23.000]  That was pretty much it. I really appreciate the information from both of you, and I apologize for interrupting you there earlier.
[01:32:23.000 --> 01:32:31.000]  Like I said, I just recently started listening to the program, and I really appreciate the information. It was great.
[01:32:31.000 --> 01:32:40.000]  Alright, thanks. Folks, remember, we don't give legal advice here, but it's just mine and Eddie's understanding of the law, the way it reads concerning concealed handgun license.
[01:32:40.000 --> 01:32:49.000]  There's already statute on the books that say you don't need a concealed handgun license to have the handgun with you in your automobile when you're traveling,
[01:32:49.000 --> 01:32:58.000]  so you don't need a license for that. You don't need a concealed handgun license to carry a concealed handgun on your person on private property.
[01:32:58.000 --> 01:33:10.000]  What that basically means is that you don't need a concealed handgun license to carry a concealed handgun on your person most anywhere you would want to go, even to the grocery store.
[01:33:10.000 --> 01:33:18.000]  That's private property or going to the gun range. Private property, again, or going to a friend's house.
[01:33:18.000 --> 01:33:30.000]  Now, there are some establishments. There's laws on the books for establishments that sell alcohol, for example, that you can't carry firearms on the premises without a license.
[01:33:30.000 --> 01:33:33.000]  So that's the rules of the establishment, and that's also statute on the books.
[01:33:33.000 --> 01:33:41.000]  But other than exceptions like that, or exceptions of, say, a property owner that just does not want firearms on their property,
[01:33:41.000 --> 01:33:48.000]  that property owner has the right to make those rules because that's their property.
[01:33:48.000 --> 01:33:50.000]  That's pretty close to signs sometimes.
[01:33:50.000 --> 01:33:51.000]  Right.
[01:33:51.000 --> 01:33:52.000]  Right.
[01:33:52.000 --> 01:33:53.000]  They say no concealed handguns.
[01:33:53.000 --> 01:34:01.000]  Exactly, but concealed handgun license goes to the privilege of being, or they call it a privilege.
[01:34:01.000 --> 01:34:05.000]  Really, it's a right. I don't believe in the concealed handgun statutes at all,
[01:34:05.000 --> 01:34:11.000]  but they want to call it a privilege of being able to carry concealed on public property.
[01:34:11.000 --> 01:34:13.000]  That means walking down the street.
[01:34:13.000 --> 01:34:17.000]  Okay, so like if you say you're in your car and you're going to the grocery store,
[01:34:17.000 --> 01:34:26.000]  as long as you're not parking your car on the street and getting out and now you've placed your body on the street
[01:34:26.000 --> 01:34:31.000]  and walking on the sidewalk to get to the grocery store, that's a different story because now you're on public property.
[01:34:31.000 --> 01:34:32.000]  Right.
[01:34:32.000 --> 01:34:39.000]  But anyway, the point is most people do not need concealed handgun license to carry a concealed handgun
[01:34:39.000 --> 01:34:44.000]  to most anywhere they want to go as long as they're traveling and not in commerce
[01:34:44.000 --> 01:34:51.000]  and as long as they are on their destination when they get out of the car is on private property.
[01:34:51.000 --> 01:34:52.000]  That's the point.
[01:34:52.000 --> 01:34:58.000]  Well, I'm glad I asked because as much as most people, like you said, also don't need that CHL,
[01:34:58.000 --> 01:35:00.000]  unfortunately most people also don't know that.
[01:35:00.000 --> 01:35:02.000]  Well, you just have to read the law.
[01:35:02.000 --> 01:35:03.000]  Yeah.
[01:35:03.000 --> 01:35:05.000]  Well, again, I really appreciate it, guys.
[01:35:05.000 --> 01:35:10.000]  I'll let you go, but you guys have a new listener for life.
[01:35:10.000 --> 01:35:11.000]  Oh, thanks, Matt.
[01:35:11.000 --> 01:35:12.000]  Thanks, Matt.
[01:35:12.000 --> 01:35:13.000]  We really appreciate it.
[01:35:13.000 --> 01:35:15.000]  Guys, thank you so much.
[01:35:15.000 --> 01:35:16.000]  You can find us.
[01:35:16.000 --> 01:35:18.000]  Our stream is ruleoflawradio.com.
[01:35:18.000 --> 01:35:19.000]  That's where we stream from.
[01:35:19.000 --> 01:35:22.000]  And you guys are part of the Genesis Network?
[01:35:22.000 --> 01:35:23.000]  No, no.
[01:35:23.000 --> 01:35:25.000]  We are our own network.
[01:35:25.000 --> 01:35:26.000]  Cool.
[01:35:26.000 --> 01:35:28.000]  This is rule of law radio network.
[01:35:28.000 --> 01:35:29.000]  We're a different network.
[01:35:29.000 --> 01:35:31.000]  Genesis is a different network from us.
[01:35:31.000 --> 01:35:32.000]  Cool.
[01:35:32.000 --> 01:35:33.000]  Well, thanks again, guys.
[01:35:33.000 --> 01:35:34.000]  All right.
[01:35:34.000 --> 01:35:35.000]  Thanks, Matt.
[01:35:35.000 --> 01:35:36.000]  Take it easy.
[01:35:36.000 --> 01:35:37.000]  Okay.
[01:35:37.000 --> 01:35:38.000]  Good night.
[01:35:38.000 --> 01:35:39.000]  All right.
[01:35:39.000 --> 01:35:42.000]  Callers, if you'd like to call in, 512-646-1984.
[01:35:42.000 --> 01:35:43.000]  We have another caller on the line.
[01:35:43.000 --> 01:35:45.000]  We've got D in Florida.
[01:35:45.000 --> 01:35:46.000]  D, thanks for calling in.
[01:35:46.000 --> 01:35:53.000]  What is your question for us tonight?
[01:35:53.000 --> 01:35:55.000]  Is D there?
[01:35:55.000 --> 01:35:56.000]  Okay.
[01:35:56.000 --> 01:35:59.000]  We've dropped off the line.
[01:35:59.000 --> 01:36:01.000]  Okay, Eddie.
[01:36:01.000 --> 01:36:04.000]  Well, I guess that's that for callers at the moment.
[01:36:04.000 --> 01:36:05.000]  Okay.
[01:36:05.000 --> 01:36:08.000]  We have a little bit of time left in this break.
[01:36:08.000 --> 01:36:11.000]  We do appreciate all you folks that are calling in on the show
[01:36:11.000 --> 01:36:13.000]  and all those that listen to us.
[01:36:13.000 --> 01:36:16.000]  If you haven't become a supporter of the network yet,
[01:36:16.000 --> 01:36:18.000]  I'm going to take this opportunity that we don't have
[01:36:18.000 --> 01:36:21.000]  any callers to say we could really use your support.
[01:36:21.000 --> 01:36:25.000]  If you know people that are liberty seeking and freedom
[01:36:25.000 --> 01:36:28.000]  of living, please tell them about us.
[01:36:28.000 --> 01:36:32.000]  And please help them to understand that what we do here
[01:36:32.000 --> 01:36:36.000]  is supported solely by you folks out there.
[01:36:36.000 --> 01:36:39.000]  What money we can afford to take out of our own pockets
[01:36:39.000 --> 01:36:41.000]  and donate to this cause, we do.
[01:36:41.000 --> 01:36:43.000]  None of us are rich.
[01:36:43.000 --> 01:36:45.000]  None of us expect to get rich.
[01:36:45.000 --> 01:36:49.000]  As nice as that might be, that's not why we do this.
[01:36:49.000 --> 01:36:52.000]  So if you're out there and listening and you believe in what
[01:36:52.000 --> 01:36:55.000]  we do, then please support us.
[01:36:55.000 --> 01:36:57.000]  We could use it.
[01:36:57.000 --> 01:37:00.000]  Get other people to listen and to find out the truth
[01:37:00.000 --> 01:37:03.000]  about what's being done to us and what's going on.
[01:37:03.000 --> 01:37:07.000]  The longer we wait, the harder this fight will be.
[01:37:07.000 --> 01:37:08.000]  Yes.
[01:37:08.000 --> 01:37:10.000]  And that includes every issue we've got,
[01:37:10.000 --> 01:37:13.000]  whether it's our right to keep and bear arms,
[01:37:13.000 --> 01:37:17.000]  our right to travel, our right to simply be free
[01:37:17.000 --> 01:37:20.000]  from any form of government that wants to tell us
[01:37:20.000 --> 01:37:26.000]  what we cannot do and what we are doing harms nobody.
[01:37:26.000 --> 01:37:27.000]  That's right.
[01:37:27.000 --> 01:37:29.000]  And speaking of supporting the network,
[01:37:29.000 --> 01:37:33.000]  we did reach our goal in record time concerning the $1,000
[01:37:33.000 --> 01:37:36.000]  fundraiser that we were having for the new website.
[01:37:36.000 --> 01:37:39.000]  We did reach that and somewhat surpass that.
[01:37:39.000 --> 01:37:44.000]  But I want folks to keep in mind that money is going to pay
[01:37:44.000 --> 01:37:49.000]  Eric Sayward to redesign the website so that we can engage
[01:37:49.000 --> 01:37:51.000]  on a marketing and promotion campaign,
[01:37:51.000 --> 01:37:53.000]  but the network still needs support.
[01:37:53.000 --> 01:37:56.000]  So just because the fundraiser has been accomplished
[01:37:56.000 --> 01:38:00.000]  for the website, that doesn't mean that we're out of the woods.
[01:38:00.000 --> 01:38:04.000]  We still have monthly expenses that we have to pay for,
[01:38:04.000 --> 01:38:08.000]  the servers, the maintenance of the equipment in general,
[01:38:08.000 --> 01:38:11.000]  the phone lines, the electric bill.
[01:38:11.000 --> 01:38:16.000]  It goes on and on and many times Eddie and Randy and I
[01:38:16.000 --> 01:38:19.000]  do have to pay for those expenses out of our own pockets.
[01:38:19.000 --> 01:38:22.000]  And so we do need your support and we do need your help.
[01:38:22.000 --> 01:38:25.000]  We're very appreciative and thankful for the donations that do
[01:38:25.000 --> 01:38:26.000]  come in.
[01:38:26.000 --> 01:38:30.000]  We are very appreciative and thankful to our sponsors that
[01:38:30.000 --> 01:38:33.000]  we currently have, but it's just not enough.
[01:38:33.000 --> 01:38:36.000]  And that's why we need to revamp the website so that we can
[01:38:36.000 --> 01:38:40.000]  engage on a marketing and promotion campaign so that we can
[01:38:40.000 --> 01:38:41.000]  get more streams.
[01:38:41.000 --> 01:38:44.000]  We need to increase our stream numbers so that we can get
[01:38:44.000 --> 01:38:46.000]  more sponsors and get the word out.
[01:38:46.000 --> 01:38:50.000]  And folks out there, if you don't have any money to give it
[01:38:50.000 --> 01:38:54.000]  all, one of the best things you can do to support this network
[01:38:54.000 --> 01:39:00.000]  is to tune into the stream for the other shows on this network
[01:39:00.000 --> 01:39:02.000]  other than just ours.
[01:39:02.000 --> 01:39:05.000]  I mentioned Tom Kiley's show last week and then we got a caller
[01:39:05.000 --> 01:39:08.000]  that called into Tom Kiley's show saying that I was calling out
[01:39:08.000 --> 01:39:11.000]  for people to call into his show.
[01:39:11.000 --> 01:39:15.000]  I think this caller, I appreciated him calling into Tom's show,
[01:39:15.000 --> 01:39:17.000]  but he got a little confused.
[01:39:17.000 --> 01:39:20.000]  I wasn't asking for callers to call into the other shows.
[01:39:20.000 --> 01:39:25.000]  I was asking for people to pull the stream.
[01:39:25.000 --> 01:39:30.000]  Okay, to pull the stream, to go to ruleoflawradio.com and hit up
[01:39:30.000 --> 01:39:33.000]  the stream and your win-out player or whatever player that you
[01:39:33.000 --> 01:39:38.000]  use for the other shows on the network other than just ours
[01:39:38.000 --> 01:39:42.000]  because when the stream numbers are boosted for all the shows
[01:39:42.000 --> 01:39:45.000]  in general, it helps this show, it helps the whole network.
[01:39:45.000 --> 01:39:48.000]  If you really want to support this show, then we need folks to
[01:39:48.000 --> 01:39:51.000]  support the other shows on the network as well.
[01:39:51.000 --> 01:39:54.000]  And the best thing that you can do is to listen to the other
[01:39:54.000 --> 01:39:56.000]  shows by pulling the stream.
[01:39:56.000 --> 01:39:58.000]  And so even if you got something else going on at the time
[01:39:58.000 --> 01:40:01.000]  and you can't pay attention or whatever, just get on the
[01:40:01.000 --> 01:40:04.000]  website and just hit up that stream and get the numbers in
[01:40:04.000 --> 01:40:07.000]  their forest, that would be very much appreciated.
[01:40:07.000 --> 01:40:09.000]  And that's not necessarily calling in.
[01:40:09.000 --> 01:40:10.000]  That's a different thing.
[01:40:10.000 --> 01:40:12.000]  But yes, we love for people to call into.
[01:40:12.000 --> 01:40:14.000]  Anyway, I just want to make that clarification.
[01:40:14.000 --> 01:40:16.000]  All right, we have another caller on the line.
[01:40:16.000 --> 01:40:18.000]  We've got Jim from Texas.
[01:40:18.000 --> 01:40:19.000]  Jim, thank you for calling in.
[01:40:19.000 --> 01:40:21.000]  What is your question for us tonight?
[01:40:21.000 --> 01:40:22.000]  Well, I had a question.
[01:40:22.000 --> 01:40:25.000]  In fact, it was on the money raising and all.
[01:40:25.000 --> 01:40:30.000]  I know you guys put out, there's a local 90.1 here.
[01:40:30.000 --> 01:40:31.000]  That's not us.
[01:40:31.000 --> 01:40:33.000]  We do not put out 90.1.
[01:40:33.000 --> 01:40:35.000]  This is rule of law radio network.
[01:40:35.000 --> 01:40:41.000]  We're a network like GCN and 90.1 FM in Austin is one of our
[01:40:41.000 --> 01:40:45.000]  affiliates, one of the affiliate FM and AM stations.
[01:40:45.000 --> 01:40:49.000]  We have AM and FM affiliate stations that carry our network
[01:40:49.000 --> 01:40:50.000]  all over the country.
[01:40:50.000 --> 01:40:54.000]  But rule of law radio network is not responsible for 90.1 FM.
[01:40:54.000 --> 01:40:56.000]  That's a different entity.
[01:40:56.000 --> 01:40:59.000]  Just like GCN does not put out 90.1.
[01:40:59.000 --> 01:41:03.000]  GCN is not responsible for 90.1 or any of their affiliates
[01:41:03.000 --> 01:41:04.000]  either.
[01:41:04.000 --> 01:41:05.000]  They're a network.
[01:41:05.000 --> 01:41:06.000]  We're a network.
[01:41:06.000 --> 01:41:08.000]  I got you.
[01:41:08.000 --> 01:41:11.000]  Okay, so then if I wanted to donate to you guys,
[01:41:11.000 --> 01:41:13.000]  do you have a link on the website that I'm taking?
[01:41:13.000 --> 01:41:15.000]  Yes, there is a link on the website right now.
[01:41:15.000 --> 01:41:20.000]  We've got a chip in button for the website to revamp the
[01:41:20.000 --> 01:41:21.000]  website.
[01:41:21.000 --> 01:41:23.000]  There's also a donation button if you want to donate to the
[01:41:23.000 --> 01:41:24.000]  network.
[01:41:24.000 --> 01:41:29.000]  Now if you want to donate to 90.1 FM, that is not done
[01:41:29.000 --> 01:41:31.000]  through us.
[01:41:31.000 --> 01:41:35.000]  You can donate to 90.1 FM at Brave New Books or at
[01:41:35.000 --> 01:41:37.000]  Capital Coin and Bullion.
[01:41:37.000 --> 01:41:40.000]  Yeah, I've actually done that already for them.
[01:41:40.000 --> 01:41:43.000]  But we need, but the network needs help too,
[01:41:43.000 --> 01:41:45.000]  not just the affiliates.
[01:41:45.000 --> 01:41:48.000]  No, that's why I let some of you guys off.
[01:41:48.000 --> 01:41:51.000]  I'm like, well, you know, if you put out the help,
[01:41:51.000 --> 01:41:53.000]  maybe I think I need to respond.
[01:41:53.000 --> 01:41:55.000]  Thank you so much, Jim.
[01:41:55.000 --> 01:41:56.000]  We appreciate that.
[01:41:56.000 --> 01:41:58.000]  All right, well anyway, that's all I wanted to know.
[01:41:58.000 --> 01:42:01.000]  Yes, there's a donation button and if you want to send a check
[01:42:01.000 --> 01:42:05.000]  or silver or something like that, well you could leave the
[01:42:05.000 --> 01:42:07.000]  silver or buy the silver at Capital Coin and Bullion and
[01:42:07.000 --> 01:42:09.000]  leave that there for us.
[01:42:09.000 --> 01:42:12.000]  There's also instructions on how to make out a check.
[01:42:12.000 --> 01:42:14.000]  Please do not make any checks out to rule of law radio.
[01:42:14.000 --> 01:42:17.000]  We don't have a bank account set up like that.
[01:42:17.000 --> 01:42:19.000]  You'd have to make them out to me personally and there's
[01:42:19.000 --> 01:42:22.000]  instructions for that and an address for people who want to
[01:42:22.000 --> 01:42:24.000]  mail in donations to the network.
[01:42:24.000 --> 01:42:26.000]  Otherwise there's a donation button and you can donate any
[01:42:26.000 --> 01:42:30.000]  amount or you could set up a monthly donation where it will
[01:42:30.000 --> 01:42:33.000]  just automatically pull out of your PayPal or pull out of your
[01:42:33.000 --> 01:42:35.000]  credit card a certain amount every day of each,
[01:42:35.000 --> 01:42:37.000]  on a certain day of each month.
[01:42:37.000 --> 01:42:39.000]  You could do that also.
[01:42:39.000 --> 01:42:40.000]  Well, very good.
[01:42:40.000 --> 01:42:43.000]  I think what you guys are doing is a fantastic service.
[01:42:43.000 --> 01:42:47.000]  I've learned a lot of things with this data and I appreciate it.
[01:42:47.000 --> 01:42:49.000]  Thank you, Jim, so much.
[01:42:49.000 --> 01:42:50.000]  We appreciate that.
[01:42:50.000 --> 01:42:51.000]  We really, really do.
[01:42:51.000 --> 01:42:52.000]  Okay.
[01:42:52.000 --> 01:42:53.000]  Take care, guys.
[01:42:53.000 --> 01:42:54.000]  All right.
[01:42:54.000 --> 01:42:55.000]  Thanks, Jim.
[01:42:55.000 --> 01:42:56.000]  All right.
[01:42:56.000 --> 01:42:58.000]  We're just about to go to break.
[01:42:58.000 --> 01:43:00.000]  We did have another caller on the line that just dropped off.
[01:43:00.000 --> 01:43:02.000]  Let's see if Dee is back.
[01:43:02.000 --> 01:43:04.000]  Dee, are you there?
[01:43:04.000 --> 01:43:05.000]  Okay.
[01:43:05.000 --> 01:43:06.000]  She's still not there.
[01:43:06.000 --> 01:43:07.000]  All right, folks.
[01:43:07.000 --> 01:43:09.000]  We don't have any callers on the board.
[01:43:09.000 --> 01:43:10.000]  You can call in.
[01:43:10.000 --> 01:43:11.000]  We've got one more segment left.
[01:43:11.000 --> 01:43:17.000]  512-646-1984 is the call in number.
[01:43:17.000 --> 01:43:18.000]  We do appreciate the calls.
[01:43:18.000 --> 01:43:20.000]  We appreciate the donations.
[01:43:20.000 --> 01:43:22.000]  We appreciate it all.
[01:43:22.000 --> 01:43:25.000]  So please call in and we are about to go to break.
[01:43:25.000 --> 01:43:31.000]  So you got one last chance, last segment for the night.
[01:43:31.000 --> 01:43:33.000]  And we will be right back, folks.
[01:43:33.000 --> 01:43:34.000]  This is the rule of law.
[01:43:34.000 --> 01:43:35.000]  I'm Deborah Stevens.
[01:43:35.000 --> 01:43:37.000]  I'm here with Eddie Craig.
[01:43:37.000 --> 01:44:00.000]  Melton has Monday nights off, but we will be right back after this break.
[01:44:00.000 --> 01:44:01.000]  Hey, did you hear?
[01:44:01.000 --> 01:44:03.000]  Ron Paul has announced he's running for president in 2012.
[01:44:03.000 --> 01:44:04.000]  Who's Ron Paul?
[01:44:04.000 --> 01:44:05.000]  Really?
[01:44:05.000 --> 01:44:07.000]  Okay, put down the cell phone for one minute.
[01:44:07.000 --> 01:44:10.000]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.000 --> 01:44:13.000]  Oh, but I love to make those little smiley faces with punctuation marks.
[01:44:13.000 --> 01:44:14.000]  Of course you do.
[01:44:14.000 --> 01:44:15.000]  Now, listen closely.
[01:44:15.000 --> 01:44:20.000]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.000 --> 01:44:23.000]  They have all of his books and many of the books he talks about.
[01:44:23.000 --> 01:44:28.000]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:28.000 --> 01:44:29.000]  Brave New Books?
[01:44:29.000 --> 01:44:31.000]  Did they have Harry Potter and Twilight?
[01:44:31.000 --> 01:44:36.000]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.000 --> 01:44:39.000]  Ugh, that sounds like that show in the Discovery Channel.
[01:44:39.000 --> 01:44:46.000]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[01:44:46.000 --> 01:44:47.000]  What are you doing?
[01:44:47.000 --> 01:44:52.000]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:44:52.000 --> 01:44:53.000]  Where's it located?
[01:44:53.000 --> 01:44:55.000]  1904 Guadalupe Street.
[01:44:55.000 --> 01:44:56.000]  There, it's sent.
[01:44:56.000 --> 01:44:57.000]  I even made a smiley face.
[01:44:57.000 --> 01:45:02.000]  Great.
[01:45:02.000 --> 01:45:05.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:28.000 --> 01:45:36.000]  And now you can, too. Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:36.000 --> 01:45:45.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
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[01:45:54.000 --> 01:46:04.000]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[01:46:24.000 --> 01:46:53.000]  Hi, folks. We are back. This is Rule of Law Radio. We are in our last segment for tonight's show, so people, we've got a full call board over the break, so we're going to go ahead and take Bill and get it rolling.
[01:46:53.000 --> 01:46:55.000]  Bill, what can we do for you?
[01:46:55.000 --> 01:47:08.000]  Hi, good evening. Glad to talk to you. Thank you for everything that you all do. Your call a moment ago with Matt, you mentioned posting on your personal private property, no concealed firearms.
[01:47:08.000 --> 01:47:24.000]  So if the police comes on your property, whether it's municipal police or even a deputy sheriff, if they're carrying a concealed backup weapon, you can file criminal charges against them for violating your personal private property.
[01:47:24.000 --> 01:47:43.000]  You can post the property that notification to them would be a criminal trespass. If they have no warrant and no lawful authority to be there in the capacity of a police officer or peace officer, then if they enter the property again, you most certainly can press charges.
[01:47:43.000 --> 01:48:02.000]  But on an initial thing, if they are there for the purpose for which they are empowered, which is to investigate a crime or any type of disturbance of the peace, then your posting will not prohibit them or in any way deter them from entering the property with or without a concealed carry anything.
[01:48:02.000 --> 01:48:24.000]  Okay. Now that warrant that the municipality will carry on to the property, at least in Leander, has no notary on it, and the judge's signature is not a signature at all. It's a rubber stamp.
[01:48:24.000 --> 01:48:42.000]  Okay. The problem, though, is you've got to make the argument it's a rubber stamp and who applied it. Right. Okay. But the deal is, is that most clerks or at least the district clerk is authorized to issue warrants without a judge's signature.
[01:48:42.000 --> 01:48:47.000]  Well, that comes to the county. That's not that's not the municipality, correct?
[01:48:47.000 --> 01:49:06.000]  That's true. Okay. Okay. So it's just something to be aware of. Okay. So if they show up on your doorstep with the rubber stamped non notarized forged warrant, what's the next step?
[01:49:06.000 --> 01:49:19.000]  Well, it depends on what the basis of the warrant is for one thing. Let's say, for instance, warrant roundup for traffic violations.
[01:49:19.000 --> 01:49:28.000]  Okay. Again, is it a valid warrant based upon the traffic citation? Did someone fail to appear?
[01:49:28.000 --> 01:49:36.000]  Okay. Okay. All right. Well, I think you've answered my questions. I'll let you get on to some other callers.
[01:49:36.000 --> 01:49:40.000]  Okay. Thanks for calling in, Bill. Thank you. All right.
[01:49:40.000 --> 01:49:51.000]  Okay. And Eddie, I wanted to ask you at this point, we've got one, two, three, four. We've got five callers on the line and nine minutes left. Do you want to go into a little bit of overtime?
[01:49:51.000 --> 01:50:03.000]  That's all right with me if it's all right with you. It's all right with me, but for folks who are listening on the affiliate AM and FM stations, this show may or may not be carried on the affiliate, but you can still listen at ruleoflawradio.com.
[01:50:03.000 --> 01:50:14.000]  So we're going to agree to go into a little bit of overtime here to make sure we take all these calls, these folks who have just called in. All right. We've got Wendy in California is next. Wendy, what is your question for us tonight?
[01:50:14.000 --> 01:50:29.000]  Well, I was wondering, I have a couple of questions. I guess we're just playing seating tickets in, even though I'm in California, I was in Nevada. And I was just wondering where would be...
[01:50:29.000 --> 01:50:38.000]  I think one of them, I was definitely not seating, but they love the out-of-state license plate. They think she won't challenge them. So, would our...
[01:50:38.000 --> 01:50:43.000]  Wendy, I'm sorry, darling, but I can barely hear what you're saying.
[01:50:43.000 --> 01:50:45.000]  Yeah, Wendy, you're breaking up.
[01:50:45.000 --> 01:50:46.000]  I got this orange Nevada.
[01:50:46.000 --> 01:50:57.000]  You're breaking up real bad, Wendy. We're going to need you to call back in. It sounds like you're cruising down the road and you're going in and out of different cell phone tower ranges and stuff. We can't understand what you're saying.
[01:50:57.000 --> 01:50:59.000]  All right, I'll call you back.
[01:50:59.000 --> 01:51:00.000]  Okay, thank you.
[01:51:00.000 --> 01:51:01.000]  Thanks.
[01:51:01.000 --> 01:51:07.000]  Okay, we're going to go now to David in Oregon. David, thanks for calling in. What is your question for us tonight?
[01:51:07.000 --> 01:51:21.000]  Hi, I've actually got a photo radar ticket from this little pit squeaky municipality to the southwest of it. It's to Waliton.
[01:51:21.000 --> 01:51:43.000]  I have a number of questions that I can show you then on what I've done so far on it. I submitted a form statement that I was proceeding behind a truck and I couldn't see the light and I got flashed and I don't know what to say.
[01:51:43.000 --> 01:51:49.000]  Okay, are you saying this is a stationary radar unit?
[01:51:49.000 --> 01:51:53.000]  Yeah, it's a photo radar and an intersection.
[01:51:53.000 --> 01:51:55.000]  Okay.
[01:51:55.000 --> 01:52:00.000]  No, no, I'm sorry. Not the radar. It's a red light.
[01:52:00.000 --> 01:52:02.000]  Okay, it's a red light camera.
[01:52:02.000 --> 01:52:03.000]  Red light camera. Yeah, that's it.
[01:52:03.000 --> 01:52:04.000]  Okay.
[01:52:04.000 --> 01:52:19.000]  Okay, so I submitted a form statement. Oregon Rules of Sovereignty stated that I can submit a form statement that's not notarized as long as I put that statement at the bottom of it under penalty of perjury.
[01:52:19.000 --> 01:52:26.000]  Well, it can only be signed under penalty of perjury if someone verifies it.
[01:52:26.000 --> 01:52:34.000]  Well, it says right there that I can submit a form statement in lieu of...
[01:52:34.000 --> 01:52:40.000]  But how do you swear to a statement unless someone is there to administer the oath you're swearing to that it's true and correct?
[01:52:40.000 --> 01:52:45.000]  I assumed it's done by signature.
[01:52:45.000 --> 01:52:50.000]  Okay, you can't swear to yourself.
[01:52:50.000 --> 01:52:54.000]  Okay.
[01:52:54.000 --> 01:53:03.000]  Now, you would have to read me this statute and say that the waiver of the statement being sworn is to sign it.
[01:53:03.000 --> 01:53:12.000]  But they can't say that you're swearing under penalty of perjury just by signing it and then hold you on account.
[01:53:12.000 --> 01:53:16.000]  I mean, they try the same thing on an income tax return.
[01:53:16.000 --> 01:53:18.000]  You can declare something under penalty of perjury.
[01:53:18.000 --> 01:53:19.000]  Yes.
[01:53:19.000 --> 01:53:23.000]  That's 28 USC 1746, but that's for federal stuff.
[01:53:23.000 --> 01:53:24.000]  Okay.
[01:53:24.000 --> 01:53:26.000]  But otherwise, Eddie's correct.
[01:53:26.000 --> 01:53:29.000]  Somebody has to swear you in.
[01:53:29.000 --> 01:53:31.000]  Well, I think that's the wording of it.
[01:53:31.000 --> 01:53:33.000]  I don't have it in front of me.
[01:53:33.000 --> 01:53:37.000]  If the word is declare, then you can do that.
[01:53:37.000 --> 01:53:43.000]  If it's swear or sworn to, then you can't swear to yourself.
[01:53:43.000 --> 01:53:50.000]  There has to be someone of competent authority to take that swearing and verify the signature.
[01:53:50.000 --> 01:53:55.000]  Okay, well, I'll take a look at the language on that.
[01:53:55.000 --> 01:54:03.000]  I submitted that, and I also submitted a request for discovery, which I actually got.
[01:54:03.000 --> 01:54:09.000]  I'm going to make sure they're following all of the rules regarding these red light cameras.
[01:54:09.000 --> 01:54:14.000]  Is a red light camera civil or criminal in Oregon?
[01:54:14.000 --> 01:54:17.000]  That's an excellent question.
[01:54:17.000 --> 01:54:20.000]  It's criminal, but...
[01:54:20.000 --> 01:54:23.000]  Who operates the red light camera in question?
[01:54:23.000 --> 01:54:29.000]  Is it a state authority or an out-of-state authority?
[01:54:29.000 --> 01:54:30.000]  Who operates?
[01:54:30.000 --> 01:54:34.000]  I think it's operated by just a company in Arizona, a red flex.
[01:54:34.000 --> 01:54:39.000]  Okay, if that's the case, then almost guaranteed it's going to be civil in nature,
[01:54:39.000 --> 01:54:44.000]  and you need to make the claim that it is being used as a bill of pains and penalties.
[01:54:44.000 --> 01:54:54.000]  Because in every single one of these, this is an administrative or legislative determination of guilt without a judicial finding.
[01:54:54.000 --> 01:54:56.000]  That's interesting.
[01:54:56.000 --> 01:55:06.000]  With the discovery answer, I got back and I found out that the actual summons to the court was mailed from Arizona.
[01:55:06.000 --> 01:55:10.000]  Arizona can't summon you to an Oregon court.
[01:55:10.000 --> 01:55:18.000]  There is an officer's signature on it, a digital signature, done via the computer.
[01:55:18.000 --> 01:55:24.000]  Again, Arizona can't summon you to an Oregon court.
[01:55:24.000 --> 01:55:37.000]  Does your law require that an Oregon court issue any summons to appear in that court?
[01:55:37.000 --> 01:55:45.000]  Alright, David, you're breaking up real bad.
[01:55:45.000 --> 01:55:46.000]  Okay, is this better?
[01:55:46.000 --> 01:55:48.000]  That's a little bit better, yeah.
[01:55:48.000 --> 01:55:52.000]  Okay, I need mobile phones to do that.
[01:55:52.000 --> 01:55:59.000]  There's one point that I was looking at that I was really curious about.
[01:55:59.000 --> 01:56:06.000]  The charge was actually violation of state law, the state statute.
[01:56:06.000 --> 01:56:10.000]  Well, it has to be. It can't be a charge of violating Arizona law.
[01:56:10.000 --> 01:56:15.000]  Well, yeah, I'm talking about versus municipal.
[01:56:15.000 --> 01:56:24.000]  Now, there are municipal codes that the vehicle code could include by reference.
[01:56:24.000 --> 01:56:27.000]  Now, it has a very specific meaning.
[01:56:27.000 --> 01:56:33.000]  I'm wondering if that's how they're getting away with putting a charge of the state statute on it.
[01:56:33.000 --> 01:56:36.000]  They have to charge you under a state statute.
[01:56:36.000 --> 01:56:39.000]  It's the only law the people of Oregon agreed to.
[01:56:39.000 --> 01:56:42.000]  Okay.
[01:56:42.000 --> 01:56:46.000]  So, if being prosecuted in a municipal court.
[01:56:46.000 --> 01:56:55.000]  Which, if your state constitution allows your legislature to create and set the jurisdiction of any type of court, then they can do that.
[01:56:55.000 --> 01:57:05.000]  But there is a distinct difference between granting the court jurisdiction to hear a cause and granting the power and authority to prosecute that cause.
[01:57:05.000 --> 01:57:10.000]  Which is the argument I'm using here in Texas against the city attorney.
[01:57:10.000 --> 01:57:19.000]  Granting trial jurisdiction to a court does not impart prosecutorial jurisdiction to anybody else.
[01:57:19.000 --> 01:57:24.000]  There's still a state constitutional requirement as to who can do that.
[01:57:24.000 --> 01:57:31.000]  Now, in digging through the code, I found a thing about the municipal courts.
[01:57:31.000 --> 01:57:45.000]  It says that a municipal prosecutor can prosecute in the name of the state if the person has been charged with violation of state law.
[01:57:45.000 --> 01:57:50.000]  Is this written into your constitution or is it written into the statutes?
[01:57:50.000 --> 01:57:52.000]  It's in the statutes.
[01:57:52.000 --> 01:58:01.000]  Okay, if it's in the statutes, you need to look at the state constitution and see who it gave authority to to represent the state.
[01:58:01.000 --> 01:58:02.000]  Okay.
[01:58:02.000 --> 01:58:03.000]  Alright, folks.
[01:58:03.000 --> 01:58:04.000]  Hang on, David.
[01:58:04.000 --> 01:58:06.000]  We're going to take a break here.
[01:58:06.000 --> 01:58:11.000]  We are going to go into overtime, folks, that is on the call board, so please don't hang up.
[01:58:11.000 --> 01:58:14.000]  We will be back after this break.
[01:58:14.000 --> 01:58:17.000]  Thank you to everybody that's called in so far.
[01:58:17.000 --> 01:58:21.000]  We're going to finish up the callers we have since we have so many on the board.
[01:58:21.000 --> 01:58:24.000]  If you don't want anybody to drop off, we're going to get to your call.
[01:58:24.000 --> 01:58:25.000]  Just bear with us.
[01:58:25.000 --> 01:58:27.000]  We're going to take a quick break.
[01:58:27.000 --> 01:58:30.000]  We'll be back on the other side to finish up your calls.
[01:58:30.000 --> 01:58:34.000]  This has been Rule of Law Radio with Eddie Craig, Randy Kelp, Deborah Stevens.
[01:58:34.000 --> 01:58:36.000]  Thank everybody for listening in.
[01:58:36.000 --> 01:58:40.000]  We're going to go off the air, but we're going to finish up with our callers, so please stay on the board.
[01:58:40.000 --> 01:58:41.000]  We'll be right back.
[01:58:41.000 --> 01:58:43.000]  Yes, and we will continue with the stream affiliates.
[01:58:43.000 --> 01:58:50.000]  If you'd like to continue to broadcast us, we will be streaming live on ruleoflawradio.com after this short break at the top of the hour.
[01:58:50.000 --> 01:58:53.000]  You are a bully, a bully.
[01:58:53.000 --> 01:58:59.000]  I bet you treat me like a step in the way.
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