ROL_2011-12-05_16k.timecode

[00:00.000 --> 00:05.000]  This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:13.000]  British judges ruled Monday WikiLeaks founder Julian Assange could take his year-long fight against extradition to Sweden to the Supreme Court.
[00:13.000 --> 00:19.000]  Swedish authorities want to question the 40-year-old Australian over accusations of rape and sexual assault.
[00:19.000 --> 00:25.000]  Assange denies any wrongdoing. He has now 14 days in which to lodge an appeal.
[00:25.000 --> 00:32.000]  On the 70th anniversary of Pearl Harbor, the attack that propelled the U.S. into the Second World War,
[00:32.000 --> 00:39.000]  a declassified memo from the Office of Naval Intelligence shows the Japanese surprise attack was expected.
[00:39.000 --> 00:43.000]  Evidence has emerged showing Roosevelt was warned three days before the attack.
[00:43.000 --> 00:48.000]  The Japanese Empire was eyeing Hawaii with a view to open conflict.
[00:48.000 --> 00:55.000]  Greenpeace activists Monday snuck into a French nuclear power plant 60 miles southeast of Paris.
[00:55.000 --> 00:59.000]  To spread the message, there is no such thing as safe nuclear power.
[00:59.000 --> 01:04.000]  The activists climbed onto a reactor dome where the unfurled a banner reading,
[01:04.000 --> 01:07.000]  Safe Nuclear Power Doesn't Exist.
[01:07.000 --> 01:14.000]  Private Bradley Manning, the Army intelligence analyst charged with leaking thousands of diplomatic cables
[01:14.000 --> 01:20.000]  and military reports to WikiLeaks, is demanding Barack Obama and Secretary of State Hillary Clinton
[01:20.000 --> 01:24.000]  testify as witnesses at a preliminary hearing next week.
[01:24.000 --> 01:29.000]  A defense lawyer for Manning made the request Friday among a list of possible defense witnesses
[01:29.000 --> 01:32.000]  for the hearing scheduled to start December 16th.
[01:32.000 --> 01:36.000]  The hearing, similar to probable cause and civilian court,
[01:36.000 --> 01:40.000]  will consider whether Manning's case should be referred to a court marshal.
[01:40.000 --> 01:44.000]  The defense request alleges comments Obama made about Manning's case
[01:44.000 --> 01:48.000]  and his guilt during an April political fundraiser in San Francisco
[01:48.000 --> 01:55.000]  represented, quote, unlawful command influence since the president is commander in chief of the armed forces.
[01:55.000 --> 01:59.000]  Clinton's testimony is being sought so she can confirm diplomatic cables
[01:59.000 --> 02:05.000]  disclosed by WikiLeaks did not have, quote, significant consequences to U.S. foreign policy.
[02:05.000 --> 02:12.000]  Peruvian President Arianta Humala declared a state of emergency Sunday to quell protests
[02:12.000 --> 02:17.000]  against U.S.-based Newmont Manning's $4.8 billion Konga mine project
[02:17.000 --> 02:20.000]  that has tied up the region of Cajamarca.
[02:20.000 --> 02:23.000]  Humala called environmental protesters intransigent
[02:23.000 --> 02:28.000]  and said the ruling would give security forces power to ensure roads, schools and hospitals
[02:28.000 --> 02:33.000]  could reopen after having been shot for days by strikes and marches.
[02:33.000 --> 02:36.000]  Several activists were shot by police last week.
[02:36.000 --> 02:40.000]  Locals say Newmont's proposed mine would have a devastating environmental impact
[02:40.000 --> 02:42.000]  and poison drinking water.
[02:42.000 --> 02:48.000]  The project involves moving water from four lakes high in the mountains into company reservoirs.
[02:48.000 --> 02:52.000]  Protesters say the reservoirs do not adequately replace the lakes
[02:52.000 --> 02:57.000]  which also provide groundwater for agriculture and irrigate pasture for livestock.
[02:57.000 --> 03:04.000]  More details on this story, visit INFworld.net.
[03:27.000 --> 03:44.000]  Hi folks, good evening. This is the Monday Night School of Law Radio.
[03:44.000 --> 03:47.000]  I am Andy Craig with Decker v. Stevens, Randy Kelton.
[03:47.000 --> 03:52.000]  This is our, I'm sorry, December 5th, 2011.
[03:52.000 --> 03:57.000]  We are going to have Matthew Medina on about the bottom of the hour
[03:57.000 --> 04:03.000]  to talk about his arrest over the weekend while they were downtown.
[04:03.000 --> 04:07.000]  I'm actually photographing some police officers that were,
[04:07.000 --> 04:11.000]  I do believe the description given to me over the text message was
[04:11.000 --> 04:17.000]  posing to have their pictures taken with some drunk college age girls or co-eds.
[04:17.000 --> 04:22.000]  So they were actually filming the police out doing this and the police turned around
[04:22.000 --> 04:27.000]  and ordered them to go to the other side of the street if they wanted to photograph.
[04:27.000 --> 04:31.000]  Now I don't know about you, but I don't know what authority the police think they have
[04:31.000 --> 04:34.000]  to order you to walk on the other side of the street from where they are
[04:34.000 --> 04:39.000]  like they have some superior presence in mind over the public sidewalk.
[04:39.000 --> 04:45.000]  But when Matt and John Bush did not comply with them fast enough apparently,
[04:45.000 --> 04:49.000]  they decided to throw them in jail for four hours under a city ordinance
[04:49.000 --> 04:54.000]  that basically Denver gave me a copy of.
[04:54.000 --> 04:57.000]  And I'm going to read this to you here.
[04:57.000 --> 05:02.000]  This is what came straight out of the statutes from the Austin City Code
[05:02.000 --> 05:04.000]  or I'm sorry the ordinances.
[05:04.000 --> 05:10.000]  This is article four offenses relating to law enforcement action.
[05:10.000 --> 05:15.000]  Section nine dash four dash five one compliance with order of officer
[05:15.000 --> 05:19.000]  required obstruction of duty prohibited.
[05:19.000 --> 05:23.000]  Now this is another thing I absolutely hate about city ordinances.
[05:23.000 --> 05:28.000]  They write them in such a broad brushstroke as to make it appear that they're
[05:28.000 --> 05:33.000]  granting the power to do anything for any reason to anybody that wants to
[05:33.000 --> 05:37.000]  exercise it under the authority of the city.
[05:37.000 --> 05:41.000]  All right, if these were state statutes they could be quashed and declared
[05:41.000 --> 05:44.000]  unconstitutional for being over broad.
[05:44.000 --> 05:49.000]  But because their ordinances they think they can write them in such a way
[05:49.000 --> 05:55.000]  that they can use them in any manner they may deem appropriate any time they like.
[05:55.000 --> 06:01.000]  All right, section A, a person commits an offense if the person knowingly
[06:01.000 --> 06:07.000]  obstructs or interferes with a peace officer engaged in the discharge of the
[06:07.000 --> 06:09.000]  officer's official duty.
[06:09.000 --> 06:13.000]  Since when is posing on the sidewalk to have your picture taken with a drunk
[06:13.000 --> 06:16.000]  co-ed part of an officer's official duty?
[06:16.000 --> 06:21.000]  So, section B, a person commits an offense if the person knowingly obstructs
[06:21.000 --> 06:25.000]  or interferes with a peace officer engaged in the discharge of the officer's
[06:25.000 --> 06:27.000]  official duty.
[06:27.000 --> 06:32.000]  A drunk co-ed part of an officer's official duty.
[06:32.000 --> 06:34.000]  Oh, wait, this is Austin.
[06:34.000 --> 06:37.000]  It's always an official duty.
[06:37.000 --> 06:42.000]  Subsection C, it is an affirmative defense to a prosecution from a violation
[06:42.000 --> 06:46.000]  of this section that the peace officer's order or direction or duty being
[06:46.000 --> 06:49.000]  performed is unlawful.
[06:49.000 --> 06:53.000]  Well, duh, okay?
[06:53.000 --> 06:58.000]  The officers had no authority to direct them to move across the street and take
[06:58.000 --> 07:02.000]  their pictures from the other sidewalk because the officers were not engaging
[07:02.000 --> 07:06.000]  in any official activity whatsoever.
[07:06.000 --> 07:12.000]  They were just exercising raw brute force authority over the general public to
[07:12.000 --> 07:17.000]  get their own personal way and to make their macho sales feel better about
[07:17.000 --> 07:22.000]  being able to order around the general peon public.
[07:22.000 --> 07:27.000]  Now, they would not have liked the conversation we'd had if I'd have been
[07:27.000 --> 07:29.000]  down there, I promise you.
[07:29.000 --> 07:32.000]  I would have still wound up in the clink, but I'd have sure got in some good
[07:32.000 --> 07:34.000]  shots on the way.
[07:34.000 --> 07:40.000]  This is the kind of gross stupidity that serves for city government, people.
[07:40.000 --> 07:43.000]  Your city councilmen enact these ordinances.
[07:43.000 --> 07:48.000]  They enact them with such languages to make it appear that their minions can
[07:48.000 --> 07:53.000]  get away with anything.
[07:53.000 --> 07:57.000]  People these days aren't running for government office for the sake of
[07:57.000 --> 08:01.000]  benefiting their fellow man, okay?
[08:01.000 --> 08:03.000]  They're just not.
[08:03.000 --> 08:07.000]  The only person that is hopefully attempting to do exactly that is going to
[08:07.000 --> 08:14.000]  be Ron Paul for president, and you and I both know that if he gets elected,
[08:14.000 --> 08:19.000]  he's going to be a Kennedy mishap all over again because the powers that be
[08:19.000 --> 08:22.000]  will never allow him to upset their apple cart.
[08:22.000 --> 08:24.000]  They wouldn't let Kennedy do it.
[08:24.000 --> 08:27.000]  They wouldn't let Bobby Kennedy do it.
[08:27.000 --> 08:33.000]  They're certainly not going to let Ron Paul do it unless we can show that we
[08:33.000 --> 08:39.000]  are willing to go after the powers that be with or without somebody like Ron
[08:39.000 --> 08:42.000]  Paul as president.
[08:42.000 --> 08:44.000]  How does the old saying go?
[08:44.000 --> 08:49.000]  I mean, what was it, the line out of the movie V for Fendetta?
[08:49.000 --> 08:52.000]  People should not fear their government.
[08:52.000 --> 08:55.000]  The government should fear its people.
[08:55.000 --> 09:00.000]  Well, America is a long way from that right now, believe you me.
[09:00.000 --> 09:07.000]  They are absolutely, we are absolutely a nation of sheep at this point.
[09:07.000 --> 09:12.000]  What stage do we turn around and actually say enough is enough to this kind of
[09:12.000 --> 09:15.000]  abuse from these public peons?
[09:15.000 --> 09:17.000]  When do we say enough?
[09:17.000 --> 09:22.000]  How many actual police officers, state troopers, everybody combined, Texas
[09:22.000 --> 09:30.000]  Rangers, can there possibly be in the city of Austin compared to the total population?
[09:30.000 --> 09:36.000]  3,000, 4,000 versus 800,000?
[09:36.000 --> 09:40.000]  You seriously think if the people of Austin turned around and said, you know what,
[09:40.000 --> 09:45.000]  we're sick of this, get out of our face, get out of our hair, stop making these
[09:45.000 --> 09:49.000]  stupid rules and the next one of you that does it's going to be swimming the sewer
[09:49.000 --> 09:52.000]  looking for a way out.
[09:52.000 --> 09:58.000]  If we actually took that stand and forced them to abide by our will as we wrote
[09:58.000 --> 10:05.000]  it up in the Constitution, you know, how much better off would we be?
[10:05.000 --> 10:11.000]  But be that as it may, we're stuck here right now putting up with this kind of
[10:11.000 --> 10:16.000]  stuff because just like what I addressed in class yesterday, the question comes
[10:16.000 --> 10:22.000]  down to are they going to leave us with a method of peaceful resolution or are we
[10:22.000 --> 10:27.000]  going to have to resort to what the founding fathers did which is armed
[10:27.000 --> 10:29.000]  revolution?
[10:29.000 --> 10:33.000]  Where are they going to leave us the opportunity to do it in a peaceful manner?
[10:33.000 --> 10:38.000]  Right now they are closing up every gateway we have for resolving this
[10:38.000 --> 10:43.000]  situation with the abuse of the government in a peaceful manner.
[10:43.000 --> 10:52.000]  They're seeing to it there's not any way left to get proper justice from anybody.
[10:52.000 --> 10:56.000]  So what do we do if that happens?
[10:56.000 --> 11:02.000]  The issue here is how many actual citizens of America at the time of the
[11:02.000 --> 11:07.000]  Revolutionary War actually fought in the Revolutionary War out of the entire
[11:07.000 --> 11:09.000]  population.
[11:09.000 --> 11:15.000]  The entire population was, you know, many and a half, two million people or so.
[11:15.000 --> 11:17.000]  Three to five percent.
[11:17.000 --> 11:18.000]  That's all.
[11:18.000 --> 11:24.000]  Three to five percent of that total population was all of the Americans
[11:24.000 --> 11:28.000]  that banded together to fight Britain.
[11:28.000 --> 11:32.000]  That's why we needed the aid of the French, we couldn't get our own people to
[11:32.000 --> 11:35.000]  fight.
[11:35.000 --> 11:38.000]  I mean, what are we coming to as a nation?
[11:38.000 --> 11:43.000]  We fought to make it, we fought to keep it, but we are not willing to fight to
[11:43.000 --> 11:47.000]  maintain it.
[11:47.000 --> 11:51.000]  And then we look around and shake our head and go, oh me, oh my, now what?
[11:51.000 --> 11:55.000]  Look at what they're doing to us now.
[11:55.000 --> 11:58.000]  Come on, Wimps, wake up.
[11:58.000 --> 12:01.000]  We have got to educate the folks that don't know any better.
[12:01.000 --> 12:05.000]  We have got to make them understand what's coming at us at a very rapid and
[12:05.000 --> 12:07.000]  accelerated pace here.
[12:07.000 --> 12:10.000]  It's picking up speed every day.
[12:10.000 --> 12:16.000]  Obama's already gone to overseas meetings and declared that he will not
[12:16.000 --> 12:22.000]  tolerate any resistance to the federal government whatsoever.
[12:22.000 --> 12:28.000]  He is willing to wage war on the American people themselves directly if we in
[12:28.000 --> 12:32.000]  any way attempt to interfere with the brute force attempts of the federal
[12:32.000 --> 12:36.000]  government to take over.
[12:36.000 --> 12:40.000]  And we stand by and just allow it.
[12:40.000 --> 12:42.000]  I don't understand this.
[12:42.000 --> 12:47.000]  I flat do not understand it.
[12:47.000 --> 12:55.000]  You know, to me, it's just a concept that's alien to me to allow someone
[12:55.000 --> 13:00.000]  else to dictate my life.
[13:00.000 --> 13:02.000]  Now, granted, I wasn't always this way.
[13:02.000 --> 13:05.000]  I always thought you had to go along to get along.
[13:05.000 --> 13:10.000]  I always thought we had a responsibility as a nation to actually, you know,
[13:10.000 --> 13:13.000]  respect the authority of those powers that be.
[13:13.000 --> 13:15.000]  They know better.
[13:15.000 --> 13:17.000]  They're there for a reason.
[13:17.000 --> 13:18.000]  We put them there.
[13:18.000 --> 13:20.000]  We should be willing to follow them.
[13:20.000 --> 13:24.000]  Well, I don't care who you are.
[13:24.000 --> 13:30.000]  If America was a herd of lemmings and they elected the chief lemming that's
[13:30.000 --> 13:35.000]  leading them over the cliff and all of the little cabinet heads that are
[13:35.000 --> 13:39.000]  elected with him or appointed with him and they're all running us toward a
[13:39.000 --> 13:44.000]  cliff, elected or not, I'm not following.
[13:44.000 --> 13:50.000]  And right now, we've got way too many people that are willing to do that.
[13:50.000 --> 13:55.000]  They're just way too many or they're willing to sit on the sidelines and
[13:55.000 --> 14:00.000]  wait for somebody else to do all the hard work so that they can sit around
[14:00.000 --> 14:03.000]  and reap the benefits that come with it.
[14:03.000 --> 14:10.000]  That's really all those people, the other 97 to 95 percent during the
[14:10.000 --> 14:14.000]  Revolutionary War that didn't fight, that's all they were doing, straddling
[14:14.000 --> 14:15.000]  the fence.
[14:15.000 --> 14:20.000]  Those that didn't actually go and fight with Britain, they were straddling
[14:20.000 --> 14:24.000]  the fence, waiting to see who won so that they didn't look like they had
[14:24.000 --> 14:28.000]  taken any sides and can reap the benefits of whoever won without any
[14:28.000 --> 14:30.000]  repercussions to themselves.
[14:30.000 --> 14:32.000]  That's pathetic.
[14:32.000 --> 14:34.000]  It was pathetic then.
[14:34.000 --> 14:39.000]  It's even more pathetic now.
[14:39.000 --> 14:42.000]  And yet, that's what we're doing.
[14:42.000 --> 14:44.000]  That's all we're doing.
[14:44.000 --> 14:48.000]  It's getting so America is going to get sold out piece by piece to every
[14:48.000 --> 14:49.000]  foreign country.
[14:49.000 --> 14:53.000]  We're going to wind up getting taken over by every foreign country to whom we
[14:53.000 --> 14:58.000]  owe a debt because our federal government has decided that they are
[14:58.000 --> 15:04.000]  in charge, they control everything and they somehow have the power to sell
[15:04.000 --> 15:10.000]  off our rights, our property, our states, our resources to foreign
[15:10.000 --> 15:18.000]  nations and yet the individuals in Washington get to reap the benefits
[15:18.000 --> 15:22.000]  while we get stuck with the bill.
[15:22.000 --> 15:26.000]  Again, I have a problem with that.
[15:26.000 --> 15:32.000]  Picture in your mind, if you will, this very large majestic oak tree with
[15:32.000 --> 15:35.000]  these large overhanging limbs.
[15:35.000 --> 15:42.000]  Now, picture also in your mind a politician standing there in their
[15:42.000 --> 15:45.000]  business suit in their briefcase and looking ready to go.
[15:45.000 --> 15:50.000]  And then imagine in your mind a hangman's noose and now let's go over
[15:50.000 --> 15:52.000]  the line for this.
[15:52.000 --> 15:59.000]  Rope, tree, politician, some ascend we required.
[15:59.000 --> 16:04.000]  We need to be ready to do exactly that to the people that are selling us
[16:04.000 --> 16:07.000]  down the river.
[16:07.000 --> 16:10.000]  Okay, because that's what they're going to do.
[16:10.000 --> 16:15.000]  They're going to destroy this nation from the inside unless we do something
[16:15.000 --> 16:17.000]  about it.
[16:17.000 --> 16:23.000]  In the good old days when people were people and men were men and right
[16:23.000 --> 16:28.000]  was right and wrong was wrong, people doing what they're doing in Washington
[16:28.000 --> 16:33.000]  right now would have not made a single day in office.
[16:33.000 --> 16:37.000]  They would have been tarred, feathered, run out of town on a rail and then
[16:37.000 --> 16:41.000]  once they were outside of town, somebody would have called them and
[16:41.000 --> 16:44.000]  strung them from a tree.
[16:44.000 --> 16:47.000]  We need to be ready to start doing that because we're certainly not going to
[16:47.000 --> 16:50.000]  solve this in the other way if the great things are going because they're not
[16:50.000 --> 16:52.000]  going to let us.
[16:52.000 --> 16:57.000]  Alright folks, this is Rule of Law Radio 512646 1984 is the call in number.
[16:57.000 --> 17:00.000]  Woody, I see you will be right back after the break.
[17:27.000 --> 17:32.000]  $14 trillion in debt makes us unemployed, the dollar in decline.
[17:32.000 --> 17:35.000]  We know where they stand.
[17:35.000 --> 17:38.000]  But will our party's leaders repeat the mistakes of the past?
[17:38.000 --> 17:42.000]  Will they choose compromise or conviction?
[17:42.000 --> 17:45.000]  One candidate has always been true.
[17:45.000 --> 17:50.000]  Ron Paul, cut spending, balance the budget, no deals.
[17:50.000 --> 17:54.000]  Standing up to the Washington machine, guided by principle,
[17:54.000 --> 17:57.000]  restore America now.
[17:57.000 --> 18:00.000]  I'm Ron Paul and I approve this message.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[19:20.000 --> 19:31.000]  Alright folks, we are back. This is Rule of Law Radio.
[19:31.000 --> 19:35.000]  As you can tell, the state of the world is leaving me a tad bit upset this evening.
[19:35.000 --> 19:39.000]  Well, most every evening when I sit down and think about it hard enough these days.
[19:39.000 --> 19:42.000]  We do have some callers on the board, so we'll start taking your calls
[19:42.000 --> 19:44.000]  while we're waiting on our guests to come on.
[19:44.000 --> 19:49.000]  We do have a first-time caller, Amber in Texas, so we're going to take her call first.
[19:49.000 --> 19:51.000]  Amber, what can we do for you?
[19:51.000 --> 19:56.000]  Yeah, I have a question about traffic citation.
[19:56.000 --> 20:01.000]  Hold on one second, Amber. Amber, wait. Are you on a speaker phone?
[20:01.000 --> 20:02.000]  No ma'am, I'm not.
[20:02.000 --> 20:06.000]  Okay, alright. It sounds kind of echo-y. It's kind of hard to understand what you're saying, but go ahead.
[20:06.000 --> 20:14.000]  Oh, okay. I got a speeding ticket and coming back from Corpus Christi on my way into San Antonio.
[20:14.000 --> 20:22.000]  And I guess my question is, are they required to lock in your speed into their radar?
[20:22.000 --> 20:25.000]  Hold on, Amber, we're getting a lot of feedback on your end.
[20:25.000 --> 20:28.000]  He's close to a radio. He's close to a radio problem.
[20:28.000 --> 20:33.000]  Amber, turn your speaker down on your computer or your radio or whatever you're listening on, please.
[20:33.000 --> 20:36.000]  I turned off my TV. Is that better?
[20:36.000 --> 20:38.000]  Yeah, something was causing feedback.
[20:38.000 --> 20:41.000]  Yeah, it's like your voice is going through some speakers or something,
[20:41.000 --> 20:44.000]  because there's some serious feedback going on.
[20:44.000 --> 20:46.000]  Oh, okay, is there still a few minutes left?
[20:46.000 --> 20:49.000]  No, no, that's okay now. That's okay now.
[20:49.000 --> 20:51.000]  Okay, great.
[20:51.000 --> 20:56.000]  Whether or not they're required to do it depends upon the departmental policy,
[20:56.000 --> 21:02.000]  but I have yet to see one that requires them to lock in the speed.
[21:02.000 --> 21:07.000]  But you're really asking the wrong question. Who issued the citation?
[21:07.000 --> 21:10.000]  It was in Bear County. It was a sheriff.
[21:10.000 --> 21:12.000]  Bear County Sheriff's Department.
[21:12.000 --> 21:15.000]  Well, do you want to make it go away?
[21:15.000 --> 21:17.000]  Yes, I do.
[21:17.000 --> 21:20.000]  Okay, then please do me a favor.
[21:20.000 --> 21:24.000]  If they gave you the citation, is it a single page citation?
[21:24.000 --> 21:26.000]  Is it paper or electronics?
[21:26.000 --> 21:30.000]  It's electronic and it's a single page.
[21:30.000 --> 21:39.000]  Okay, can you scan in that citation as is at actual size if possible?
[21:39.000 --> 21:42.000]  And email that to me so that I can take a look at it.
[21:42.000 --> 21:44.000]  Okay.
[21:44.000 --> 21:51.000]  I'm willing to bet that it does not comply with certain provisions of the transportation code.
[21:51.000 --> 21:55.000]  Right now, I have yet to find one that does.
[21:55.000 --> 21:57.000]  Okay.
[21:57.000 --> 22:02.000]  So that in and of itself will be a problem for them.
[22:02.000 --> 22:08.000]  If you quash the citation, then that will then in turn quash the complaint and so on and so forth.
[22:08.000 --> 22:10.000]  How long ago did you get the citation?
[22:10.000 --> 22:17.000]  I got it on October the 15th. I have to go to court on the 14th of this month.
[22:17.000 --> 22:20.000]  For your trial or have you appeared in court before?
[22:20.000 --> 22:23.000]  I haven't appeared at all. I have to go on the 14th up here.
[22:23.000 --> 22:25.000]  This is the date that's on the ticket?
[22:25.000 --> 22:27.000]  Yes.
[22:27.000 --> 22:29.000]  Okay, so this will be your initial appearance?
[22:29.000 --> 22:30.000]  Yes.
[22:30.000 --> 22:37.000]  Okay, so we can get that handled in time if you know how to write some motions and stuff,
[22:37.000 --> 22:38.000]  then you'll be good.
[22:38.000 --> 22:42.000]  If you don't, then the motions and everything you're going to need to file,
[22:42.000 --> 22:44.000]  you'll get out of the seminar material.
[22:44.000 --> 22:47.000]  The motions that we're talking about, I've already got pre-written,
[22:47.000 --> 22:49.000]  but they're not available for free.
[22:49.000 --> 22:54.000]  They're part of our seminar material, or they cost $25 a piece if you just want those particular documents.
[22:54.000 --> 22:55.000]  Okay.
[22:55.000 --> 23:00.000]  But I can tell you what they are, and if you like, you can figure out how to write them.
[23:00.000 --> 23:02.000]  That is not a problem.
[23:02.000 --> 23:07.000]  But if you'll send me that citation, I can tell you whether or not that approach will work.
[23:07.000 --> 23:10.000]  And if not, then what an alternate approach we need to do,
[23:10.000 --> 23:13.000]  just make sure you send me contact information with it, please.
[23:13.000 --> 23:15.000]  Okay, and what is the email address?
[23:15.000 --> 23:23.000]  Eddie, eddie, at ruleoflawradio.com.
[23:23.000 --> 23:24.000]  Okay.
[23:24.000 --> 23:25.000]  Okay.
[23:25.000 --> 23:26.000]  I will send that.
[23:26.000 --> 23:27.000]  Thank you.
[23:27.000 --> 23:29.000]  Okay, thank you for going in.
[23:29.000 --> 23:30.000]  Bye-bye.
[23:30.000 --> 23:31.000]  Bye-bye.
[23:31.000 --> 23:32.000]  Bye-bye.
[23:32.000 --> 23:37.000]  Okay, now we're going to go to Walt in New York.
[23:37.000 --> 23:39.000]  Walt, what committee are you for?
[23:39.000 --> 23:40.000]  Eddie, hi, Deborah.
[23:40.000 --> 23:49.000]  I just want to ask Deborah if she could give over here her address so I can send in a donation.
[23:49.000 --> 23:54.000]  Deborah, are you where you can give out the mailing address for the network?
[23:54.000 --> 23:55.000]  Yes.
[23:55.000 --> 24:12.000]  And folks, the mailing address is on the website and that is 1516 South Lamar number 112 Austin, Texas, 78704.
[24:12.000 --> 24:16.000]  And that's on the website and on the donations page.
[24:16.000 --> 24:18.000]  Okay, thank you very much.
[24:18.000 --> 24:24.000]  All right, thanks, Walt.
[24:24.000 --> 24:25.000]  All right.
[24:25.000 --> 24:26.000]  Okay.
[24:26.000 --> 24:28.000]  That takes care of Walt.
[24:28.000 --> 24:30.000]  Now we're going to go to Woody in Texas.
[24:30.000 --> 24:32.000]  Woody, what can we do for you?
[24:32.000 --> 24:34.000]  Well, good evening, Deborah.
[24:34.000 --> 24:35.000]  Good evening, Eric.
[24:35.000 --> 24:36.000]  I mean, Eddie.
[24:36.000 --> 24:41.000]  I just want to let you know that doing all my research on different parts of your show,
[24:41.000 --> 24:49.000]  I found out about this just and the thing about the search for justice on YouTube, the
[24:49.000 --> 24:52.000]  corruption in Williamson County.
[24:52.000 --> 24:59.000]  And that's a great thing for people to look at just to find out how much tyranny there
[24:59.000 --> 25:04.000]  is in other municipalities, whether it be in your home town or around you.
[25:04.000 --> 25:09.000]  And just see how vulnerable we are just to how the laws are written.
[25:09.000 --> 25:11.000]  So again, that's one reason why I was calling in.
[25:11.000 --> 25:19.000]  You guys just keep up the good work and let's all try to bump up and fight some of this.
[25:19.000 --> 25:20.000]  All right.
[25:20.000 --> 25:21.000]  Thank you.
[25:21.000 --> 25:22.000]  Anything else?
[25:22.000 --> 25:23.000]  All right.
[25:23.000 --> 25:24.000]  Those are just fine jobs.
[25:24.000 --> 25:25.000]  Thank you, Jim.
[25:25.000 --> 25:26.000]  Yes, sir.
[25:26.000 --> 25:27.000]  Thank you for calling in.
[25:27.000 --> 25:28.000]  All right.
[25:28.000 --> 25:29.000]  We have Daryl in Oklahoma.
[25:29.000 --> 25:30.000]  Daryl, what can we do for you?
[25:30.000 --> 25:31.000]  Well, good evening, Eddie.
[25:31.000 --> 25:32.000]  Pleasure to talk with you.
[25:32.000 --> 25:47.000]  I was listening to your interview on, I think it was with Freedom Slips that was on 824
[25:47.000 --> 25:49.000]  this year.
[25:49.000 --> 25:55.000]  And I was very enamored with a lot of what you talked about concerning powers to arrest
[25:55.000 --> 26:02.000]  and when you should be taken before a magistrate, the transportation code, government code,
[26:02.000 --> 26:05.000]  and the criminal procedure in the state of Texas.
[26:05.000 --> 26:07.000]  I live in Oklahoma.
[26:07.000 --> 26:12.000]  It appears, you know, from my perspective that things are kind of laid out a little bit
[26:12.000 --> 26:16.000]  more simpler here in Oklahoma than they are in Texas.
[26:16.000 --> 26:20.000]  Our code of criminal procedure is under Title 22.
[26:20.000 --> 26:25.000]  And everything's kind of laid out in a title form in Oklahoma.
[26:25.000 --> 26:28.000]  I think we've got like 83 titles and Title 8.
[26:28.000 --> 26:29.000]  Right.
[26:29.000 --> 26:34.000]  Here in Texas, everything is also in titles, but the titles are in their own codes.
[26:34.000 --> 26:35.000]  Yes.
[26:35.000 --> 26:40.000]  And in Oklahoma, it's one big code and the subject matter is divided up by titles.
[26:40.000 --> 26:41.000]  Yes, sir.
[26:41.000 --> 26:47.000]  I would like to make a comment and I was listening to, you know, exactly when they had a text
[26:47.000 --> 26:52.000]  you before, a magistrate under the transportation code in Texas.
[26:52.000 --> 26:58.000]  I looked at the transportation code as huge, the administrative code.
[26:58.000 --> 27:00.000]  All these are very huge.
[27:00.000 --> 27:02.000]  Now, I wanted to make one comment.
[27:02.000 --> 27:08.000]  When you have a governor of the state of Texas in a presidential debate that can't even
[27:08.000 --> 27:13.000]  remember the third governmental department that he wanted to eliminate, I can assure
[27:13.000 --> 27:17.000]  you, I think we know more about the codes of Texas than he does.
[27:17.000 --> 27:24.000]  And he's probably exemplary by the governmental people that are running these states.
[27:24.000 --> 27:29.000]  But let me ask you a question concerning when you should be taken before magistrate.
[27:29.000 --> 27:38.000]  When should they take you before magistrate upon arrest if it says without unnecessary delay,
[27:38.000 --> 27:45.000]  as it does in Title 22 of the Oklahoma code, and then, like for instance, in your transportation
[27:45.000 --> 27:48.000]  code, it says immediately before a magistrate.
[27:48.000 --> 27:55.000]  Could you kind of expound on where they get the idea that it could be 48 hours versus
[27:55.000 --> 27:56.000]  immediately?
[27:56.000 --> 27:58.000]  Could you please expound upon that, please?
[27:58.000 --> 28:07.000]  Okay, in the Texas transportation code at 543.002, subsection A, it says very clearly
[28:07.000 --> 28:14.000]  that a police officer may make a warrantless arrest under 001, any person found committing
[28:14.000 --> 28:16.000]  a violation of this subtitle.
[28:16.000 --> 28:21.000]  Then it goes in 002 and it specifies that the person is to be taken immediately before
[28:21.000 --> 28:30.000]  a magistrate if, and then it goes into several different reasons or circumstances under which
[28:30.000 --> 28:32.000]  that individual gets an immediate appearance.
[28:32.000 --> 28:38.000]  One is because they refuse to sign the promise to appear, the other is because they demand
[28:38.000 --> 28:43.000]  an immediate appearance in lieu of signing the promise to appear.
[28:43.000 --> 28:50.000]  The reason that that's important here is because of the way statutory construction works.
[28:50.000 --> 28:58.000]  Statutory construction is the way the courts have devised to interpret and use statute
[28:58.000 --> 29:04.000]  and determine which one controls over which when they both deal with the same subject matter
[29:04.000 --> 29:06.000]  but in slightly different ways.
[29:06.000 --> 29:13.000]  The difference here being that under 1401 or 1406 code of criminal procedure here in Texas
[29:13.000 --> 29:19.000]  where it says that they are to take the person before a magistrate without unnecessary delay
[29:19.000 --> 29:22.000]  but no later than 48 hours.
[29:22.000 --> 29:28.000]  The law enforcement agencies have taken that to mean that they can just take you to jail
[29:28.000 --> 29:32.000]  for up to 48 hours before they have to let you see a magistrate.
[29:32.000 --> 29:34.000]  That's Belona.
[29:34.000 --> 29:36.000]  But if you'll hang on, Darrell, we're going to break.
[29:36.000 --> 29:39.000]  I'll pick this up on the other side when we get back.
[29:39.000 --> 29:41.000]  Folks, this is Rule of Law Radio.
[29:41.000 --> 29:45.000]  The call in number is 512-646-1984.
[29:45.000 --> 29:47.000]  This is our Monday Night Traffic Show.
[29:47.000 --> 29:50.000]  I am Eddie Craig with Deborah Stevens, Randy Kelton.
[29:50.000 --> 29:53.000]  We'll be right back on the other side of this break.
[30:00.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.000 --> 30:07.000]  The government says that fire brought it down.
[30:07.000 --> 30:12.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.000 --> 30:15.000]  Over 6,000 of my fellow service members have given their lives.
[30:15.000 --> 30:18.000]  5,000 of my fellow force responders have died.
[30:18.000 --> 30:19.000]  I'm not a conspiracy theorist.
[30:19.000 --> 30:20.000]  I'm not a structural engineer.
[30:20.000 --> 30:22.000]  I'm a New York City correction officer.
[30:22.000 --> 30:23.000]  I'm an Air Force pilot.
[30:23.000 --> 30:24.000]  I'm the father who lost his son.
[30:24.000 --> 30:27.000]  We're Americans, and we deserve the truth.
[30:27.000 --> 30:30.000]  Go to RememberBuilding7.org today.
[30:30.000 --> 30:35.000]  The 10 Commandments are a cornerstone of Judaism, Islam, and Christianity.
[30:35.000 --> 30:39.000]  If you're an educated person, you should probably know them, regardless of your religion.
[30:39.000 --> 30:45.000]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the 10 Commandments.
[31:09.000 --> 31:19.000]  When I want to remember the 8th Commandment, I think of the number 8.
[31:19.000 --> 31:24.000]  That reminds me of the word 8, and how I would feel if I opened the refrigerator at work
[31:24.000 --> 31:28.000]  and found that someone else ate my lunch that was clearly labeled with my name.
[31:28.000 --> 31:32.000]  Well, I'd be very unhappy because that's stealing, and it's not right.
[31:32.000 --> 31:37.000]  Whoever ate my lunch would have violated Commandment Number 8 of the Bible, which says,
[31:37.000 --> 31:39.000]  Thou shalt not steal.
[31:39.000 --> 31:43.000]  The next time the 10 Commandments come up in conversation, you'll remember the 8th Commandment,
[31:43.000 --> 31:44.000]  forbid stealing.
[31:44.000 --> 31:48.000]  It's the one that would be broken if someone stole your lunch and ate it.
[31:48.000 --> 31:50.000]  Hey, that was mine.
[31:50.000 --> 31:51.000]  I'm Dr. Catherine Albrecht.
[31:51.000 --> 32:04.000]  More news and information at CatherineAlbrecht.com.
[32:04.000 --> 32:14.000]  Yeah, I got a warrant, and I'm going to solve them, to the head of the Commandment, to prosecute them.
[32:14.000 --> 32:17.000]  Okay.
[32:17.000 --> 32:21.000]  All set.
[32:21.000 --> 32:30.000]  The Texans are raised by Mr. Bush, the Texans are raised by the team.
[32:30.000 --> 32:35.000]  Well, I need a prosecutor to come and help me, prosecute them wicked leaders, you see.
[32:35.000 --> 32:37.000]  They're my mother and a liar.
[32:37.000 --> 32:40.000]  Them tell me, them and lie, and I tell six stories.
[32:40.000 --> 32:42.000]  Do not believe me, say what them tell me.
[32:42.000 --> 32:45.000]  3% of America vote for Bush.
[32:45.000 --> 32:48.000]  So how do they get the president?
[32:48.000 --> 32:50.000]  That's why we have a warrant for him.
[32:50.000 --> 32:52.000]  Everybody listen carefully.
[32:52.000 --> 32:59.000]  Listen to the word that the Texans are raised by Mr. Bush.
[32:59.000 --> 33:08.000]  My warrant, I'm reaching the Texans are raised by Bush.
[33:08.000 --> 33:12.000]  My warrant, I'm reaching the Texans are raised by Bush.
[33:12.000 --> 33:15.000]  All right, folks, we are back through the long radio.
[33:15.000 --> 33:18.000]  Okay, we're going to go ahead and finish up with our calling real quick.
[33:18.000 --> 33:22.000]  Darrell, our guest is here, Matthew Medina.
[33:22.000 --> 33:27.000]  But as soon as we're done with Darrell, we're going to go ahead and start our interview with Matt.
[33:27.000 --> 33:31.000]  Darrell, let's go ahead and finish you up here real quick and go from there, okay?
[33:31.000 --> 33:32.000]  Okay.
[33:32.000 --> 33:37.000]  Now, as far as the ability to arrest you without the warrant and so on and so forth,
[33:37.000 --> 33:41.000]  that's covered by actually being authorized under the 543.001.
[33:41.000 --> 33:46.000]  Now, the difference here being that under 1406 of the Code of Criminal Procedure,
[33:46.000 --> 33:50.000]  that is what the courts refer to as a general provision.
[33:50.000 --> 33:56.000]  That provision applies to all arrests verbatim.
[33:56.000 --> 33:57.000]  Okay?
[33:57.000 --> 34:04.000]  The difference comes into sections of code where there is a local provision that gives
[34:04.000 --> 34:09.000]  specific instructions on how to deal with that same subject matter.
[34:09.000 --> 34:17.000]  543 gives very specific instructions to a peace officer about what to do with the individual
[34:17.000 --> 34:21.000]  if they arrest them for a traffic offense.
[34:21.000 --> 34:28.000]  The courts under the statutory construction doctrine say that a local specific provision
[34:28.000 --> 34:36.000]  controls over the language of a general provision unless there is something that indicates the
[34:36.000 --> 34:40.000]  general provision is intended to always control.
[34:40.000 --> 34:43.000]  Well, in this case, there's no such language.
[34:43.000 --> 34:48.000]  So the local provision under the transportation code takes precedent.
[34:48.000 --> 34:54.000]  And it says the officer must take you immediately before a magistrate if he's arresting you
[34:54.000 --> 34:56.000]  for a traffic offense.
[34:56.000 --> 35:01.000]  So under like a general provision, it's kind of, there's an implication that they have
[35:01.000 --> 35:04.000]  up until 48 hours.
[35:04.000 --> 35:06.000]  Is that what you're saying?
[35:06.000 --> 35:10.000]  The 48 hours, the rule is supposed to work like this.
[35:10.000 --> 35:14.000]  They are to take you before a magistrate without unnecessary delay.
[35:14.000 --> 35:19.000]  Meaning, if they have a delay, there has to be a necessary reason for it.
[35:19.000 --> 35:21.000]  Well, they don't have one.
[35:21.000 --> 35:26.000]  They just didn't want to take you before a magistrate and took you to jail.
[35:26.000 --> 35:35.000]  They had 48 hours to make sure that they could overcome whatever was preventing your appearance
[35:35.000 --> 35:42.000]  before a magistrate, such as a natural disaster, a riot, insurrection, whatever.
[35:42.000 --> 35:49.000]  If they had to quell some other thing that was going on and that prevented them from taking you
[35:49.000 --> 35:55.000]  immediately before a magistrate without unnecessary delay, then they had up to 48 hours to do it
[35:55.000 --> 35:57.000]  or they had to let you go.
[35:57.000 --> 36:01.000]  Which if not even a percent of the cases that never happened.
[36:01.000 --> 36:03.000]  Of course it never happens.
[36:03.000 --> 36:09.000]  They don't go with, they have taken it to mean that we don't have to worry about a delay.
[36:09.000 --> 36:12.000]  We can just hold you for 48 hours.
[36:12.000 --> 36:14.000]  They completely ignore the language.
[36:14.000 --> 36:19.000]  They completely ignore the history of why it's written that way.
[36:19.000 --> 36:27.000]  It's only there in case there is something going on that's threatening the health and welfare of the public
[36:27.000 --> 36:33.000]  that interferes with their ability to take you immediately before that magistrate.
[36:33.000 --> 36:43.000]  Since we are dealing with a civil rights violation, and I know that you said in your interview
[36:43.000 --> 36:48.000]  that it was always best to try to bypass and get it into a federal court,
[36:48.000 --> 36:52.000]  that you file a Title 42 Section 1993 lawsuit.
[36:52.000 --> 36:58.000]  Is that what you would file if you wanted to get these folks in on a civil rights violation?
[36:58.000 --> 36:59.000]  Absolutely.
[36:59.000 --> 37:06.000]  And there's tons of case law on that subject matter that taking you before the magistrate is a requirement.
[37:06.000 --> 37:10.000]  The officers were never meant to hold the keys to the jail.
[37:10.000 --> 37:18.000]  Only a proper magistrate can put in a commitment order to put you in jail and hold you.
[37:18.000 --> 37:23.000]  So the first thing you would do is you would even mess with the state courts.
[37:23.000 --> 37:25.000]  You would directly go down like this.
[37:25.000 --> 37:31.000]  If I was in Texas, I would because there is tons of Texas case law on that subject matter,
[37:31.000 --> 37:34.000]  and it agrees with exactly what I'm saying.
[37:34.000 --> 37:36.000]  So you would initially...
[37:36.000 --> 37:41.000]  I would sue him twice in that case, once in the state and once in the fed.
[37:41.000 --> 37:42.000]  Okay.
[37:42.000 --> 37:43.000]  Okay.
[37:43.000 --> 37:44.000]  Very good.
[37:44.000 --> 37:46.000]  Eddie, thank you very much for your information.
[37:46.000 --> 37:47.000]  I'll be listing it.
[37:47.000 --> 37:49.000]  I know you got to get your guest.
[37:49.000 --> 37:51.000]  And I'm sure I'll be calling back later.
[37:51.000 --> 37:52.000]  And thank you.
[37:52.000 --> 37:54.000]  I totally support what you're doing, sir.
[37:54.000 --> 37:55.000]  All right, Daryl.
[37:55.000 --> 37:56.000]  Thanks for calling in.
[37:56.000 --> 37:57.000]  We greatly appreciate it.
[37:57.000 --> 37:58.000]  Thanks, Daryl.
[37:58.000 --> 37:59.000]  Thanks, sir.
[37:59.000 --> 38:00.000]  Thank you very much.
[38:00.000 --> 38:01.000]  Bye.
[38:01.000 --> 38:02.000]  Okay.
[38:02.000 --> 38:05.000]  Now we have our guest, Matt Medina.
[38:05.000 --> 38:07.000]  Matt, how you doing?
[38:07.000 --> 38:08.000]  I'm doing great.
[38:08.000 --> 38:10.000]  Thank you for having me on air tonight.
[38:10.000 --> 38:11.000]  Hey, no problem.
[38:11.000 --> 38:14.000]  I heard you had sort of an adventure with John Bush this weekend.
[38:14.000 --> 38:16.000]  Could you fill us in on that, please?
[38:16.000 --> 38:17.000]  Yeah.
[38:17.000 --> 38:25.000]  John Bush is going to be joining us on air as soon as he can here in the moments to follow.
[38:25.000 --> 38:31.000]  But yeah, the videos on the internet, if people want to pull that up as we talk about it here
[38:31.000 --> 38:33.000]  on air or pull it up, watch it on a break.
[38:33.000 --> 38:39.000]  It's the headline, John Bush and Matthew Medina arrested for not complying with unlawful orders.
[38:39.000 --> 38:45.000]  And basically we were out just trying to have a good time on 6th Street.
[38:45.000 --> 38:50.000]  You know, we stopped and spoke with some officers and carried on.
[38:50.000 --> 38:55.000]  And the same officers were taking pictures of women and John Bush took pictures of that.
[38:55.000 --> 38:56.000]  And they really didn't like that.
[38:56.000 --> 39:02.000]  At some point, they grabbed his arm and fellow activists, it was with those Danny Panzello
[39:02.000 --> 39:04.000]  that captured it on video.
[39:04.000 --> 39:07.000]  And that's in the video, that's on YouTube.
[39:07.000 --> 39:14.000]  At the beginning of the video, you see this officer literally grabbing his arm and just
[39:14.000 --> 39:18.000]  holding him and just pretty much just barking at him.
[39:18.000 --> 39:22.000]  You can't really hear what he says, but John Bush will be on air with us soon.
[39:22.000 --> 39:24.000]  So he could fill us into that.
[39:24.000 --> 39:30.000]  But that's an important moment when it's Officer Jason Mistrick who grabs John Bush's arm
[39:30.000 --> 39:32.000]  and is just holding him there.
[39:32.000 --> 39:33.000]  And it's like, okay.
[39:33.000 --> 39:35.000]  Yeah, we've got John on the line right now.
[39:35.000 --> 39:37.000]  So maybe he can tell about that.
[39:37.000 --> 39:38.000]  John, are you with us?
[39:38.000 --> 39:39.000]  Yes.
[39:39.000 --> 39:40.000]  Can you hear me?
[39:40.000 --> 39:41.000]  Yes.
[39:41.000 --> 39:44.000]  We were talking about when the officer grabbed your arm.
[39:44.000 --> 39:46.000]  Can you please explain?
[39:46.000 --> 39:47.000]  Yeah.
[39:47.000 --> 39:51.000]  Well, he was first upset with me because we were walking past.
[39:51.000 --> 39:56.000]  The police officers usually post up, you know, every other block down on 6th Street.
[39:56.000 --> 39:58.000]  They're leaning against their cars.
[39:58.000 --> 40:01.000]  The misuse of resources if they are out there to keep people safe.
[40:01.000 --> 40:07.000]  So I walked by and I say, hey, you guys, you guys working hard today tonight, you know,
[40:07.000 --> 40:09.000]  just being kind of a smart bud.
[40:09.000 --> 40:14.000]  He says something along the lines of we could be working a lot harder if you want us to,
[40:14.000 --> 40:20.000]  insinuating that, you know, oh, yeah, we work hard to arrest you or hassle you.
[40:20.000 --> 40:23.000]  So I stopped and I was like, hold on.
[40:23.000 --> 40:25.000]  What do you mean by that?
[40:25.000 --> 40:27.000]  What do you mean by that?
[40:27.000 --> 40:29.000]  And he's like, well, you know, here you are here bothering us.
[40:29.000 --> 40:31.000]  We're trying to do our job, you know.
[40:31.000 --> 40:34.000]  And at this point, my buddy Danny's pulled me away.
[40:34.000 --> 40:39.000]  You know, we're out downtown not to work or to, you know, do activism.
[40:39.000 --> 40:42.000]  We're there to enjoy ourselves and relax a little.
[40:42.000 --> 40:47.000]  So then he pulls me away and we continue further down 6th Street.
[40:47.000 --> 40:51.000]  And at this point, they start following us.
[40:51.000 --> 40:56.000]  And I assume that they were following us just to, you know, follow us around and maybe see that we don't cause trouble
[40:56.000 --> 40:58.000]  or maybe they just wanted to hassle us.
[40:58.000 --> 41:06.000]  But then shortly after they stopped to pose for a picture with a party goer downtown, a woman, a young woman,
[41:06.000 --> 41:11.000]  who happened to have her breast-hanging out quite a bit.
[41:11.000 --> 41:16.000]  So they take the picture and I go up and take a picture of them posing for the picture.
[41:16.000 --> 41:25.000]  And immediately afterwards, Officer Mistrick, badge number 4856, he walks up to me and grabs my arm rather firmly
[41:25.000 --> 41:29.000]  and starts saying, hey, you know, you're following us around, circling around here.
[41:29.000 --> 41:31.000]  You know, you keep this up, I'm going to get you arrested.
[41:31.000 --> 41:36.000]  You know, throwing threats at me, arms the whole time, squeezing my arm.
[41:36.000 --> 41:38.000]  You know, so I tell him, hey, you need to take your hands off me.
[41:38.000 --> 41:39.000]  I'm not doing anything wrong here.
[41:39.000 --> 41:41.000]  You need to take your hands off me.
[41:41.000 --> 41:44.000]  And he basically continues to accost me and threaten me.
[41:44.000 --> 41:47.000]  Yeah, that's aggravated assault, John.
[41:47.000 --> 41:49.000]  Yeah, yeah, for sure.
[41:49.000 --> 41:57.000]  And then shortly thereafter, we saw him going to the scene of another officer investigating, some drunk.
[41:57.000 --> 42:01.000]  So we decided to take it upon ourselves and engage in some cop watching,
[42:01.000 --> 42:04.000]  seeing, you know, the behavior of this police officer.
[42:04.000 --> 42:10.000]  I would hate to see him go aggressive on another individual unlawfully or go try to overstep his authority again.
[42:10.000 --> 42:17.000]  So we walked up there with cameras and then the rest of it transcribes there on the video.
[42:17.000 --> 42:21.000]  That's where it picks up on the video where I go stand up against the wall.
[42:21.000 --> 42:23.000]  Mamedine is right there beside me.
[42:23.000 --> 42:31.000]  We're definitely far away from a female officer who's leaning over a drunk dude sitting on the floor.
[42:31.000 --> 42:33.000]  I guess they pulled him out of this restaurant.
[42:33.000 --> 42:39.000]  And I'm well outside of the range because nobody would consider that I was interfering with them,
[42:39.000 --> 42:44.000]  except for this, you know, egotistical police officer trying to flex his authority.
[42:44.000 --> 42:49.000]  He immediately walks up to me. He was coming to provide support to her.
[42:49.000 --> 42:54.000]  Then he walks up to me as soon as he sees me and immediately gets in my face and says,
[42:54.000 --> 42:57.000]  you're interfering with what I'm doing.
[42:57.000 --> 43:04.000]  John, about how far away were you from the police harassing this guy sitting on the ground?
[43:04.000 --> 43:10.000]  I mean, it's a total estimate. I'll go back and see for sure with the video.
[43:10.000 --> 43:14.000]  I'm looking at it right now. I'd say, you know, about 15 feet.
[43:14.000 --> 43:16.000]  15 feet?
[43:16.000 --> 43:23.000]  Well, because they were on the curb, on the curb by the grass, by the curb, by the street.
[43:23.000 --> 43:26.000]  Right there was a business and we were leaning against the wall.
[43:26.000 --> 43:27.000]  Yeah.
[43:27.000 --> 43:31.000]  Well, 15 feet is plenty far away enough.
[43:31.000 --> 43:36.000]  I mean, I'm sure there were people walking in between you
[43:36.000 --> 43:41.000]  and this scene that were much closer to them than you were.
[43:41.000 --> 43:43.000]  Yeah, we were definitely...
[43:43.000 --> 43:46.000]  I don't know if anybody walked in between us. They were walking on the outside of them,
[43:46.000 --> 43:48.000]  but yeah, it was a total excuse on their behalf.
[43:48.000 --> 43:52.000]  Okay, all right, John. We're going to break. Just stay right there. Matt, stay right there.
[43:52.000 --> 43:57.000]  We're talking about this unlawful arrest of Matt Medina and John Bush that occurred over the weekend.
[43:57.000 --> 43:59.000]  We'll be right back.
[44:00.000 --> 44:03.000]  Are you the plaintiff or defendant in a lawsuit?
[44:03.000 --> 44:10.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course
[44:10.000 --> 44:14.000]  that will show you how in 24 hours, step-by-step.
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[44:38.000 --> 44:42.000]  about the principles and practices that control our American courts.
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[44:49.000 --> 44:51.000]  pro se tactics, and much more.
[44:51.000 --> 45:00.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:00.000 --> 45:02.000]  The Oklahoma City Bombing.
[45:02.000 --> 45:05.000]  Top 10 reasons to question the official story.
[45:05.000 --> 45:09.000]  Reason number one, John Doe number two, and other accomplices.
[45:09.000 --> 45:13.000]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the rider truck
[45:13.000 --> 45:16.000]  report that he was accompanied by other perpetrators.
[45:16.000 --> 45:22.000]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the rider truck bomb
[45:22.000 --> 45:24.000]  to the Murra Building and detonated it.
[45:24.000 --> 45:28.000]  The only witness the government produced to place McVeigh at the building that morning,
[45:28.000 --> 45:32.000]  Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.000 --> 45:38.000]  testified that she saw McVeigh with another man, the fable John Doe number two, exiting the rider truck.
[45:38.000 --> 45:44.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[45:44.000 --> 45:50.000]  no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.000 --> 45:56.000]  including when he rented the rider truck, and in some cases have positively identified the other perpetrators.
[45:56.000 --> 46:14.000]  For more information, please visit okcbombingtruth.com.
[46:26.000 --> 46:52.000]  We are here with John Bush of Texas for Accountable Government and Matthew Medina, founder of We Are Changed San Antonio.
[46:52.000 --> 46:56.000]  We're talking about the event that occurred over the weekends.
[46:56.000 --> 46:58.000]  All right, they're telling the story.
[46:58.000 --> 47:02.000]  So now at this point, John is about 15 feet away from the police and he's filming them.
[47:02.000 --> 47:08.000]  And then this officer comes over, grabs John's arm and basically threatens him.
[47:08.000 --> 47:21.000]  And 15 feet, I would say, is plenty far enough away that they should not have been accusing you of interfering with their duties.
[47:21.000 --> 47:23.000]  I mean, you weren't even talking to them.
[47:23.000 --> 47:28.000]  There was plenty of room for them to deal with this one individual that was sitting on the ground.
[47:28.000 --> 47:32.000]  It's not like you were preventing them from arresting somebody or anything like that.
[47:32.000 --> 47:33.000]  You weren't even talking to them.
[47:33.000 --> 47:36.000]  So, okay, John, if you would, please continue.
[47:36.000 --> 47:44.000]  Yeah, and just for clarification, the arm grabbing took place prior to us approaching the officer.
[47:44.000 --> 47:45.000]  Oh, that's right.
[47:45.000 --> 47:46.000]  That's right.
[47:46.000 --> 47:54.000]  You grabbed your arm when you were filming them posing with party goers on 6th Street.
[47:54.000 --> 47:57.000]  Yeah, that's when he grabbed my arm after that and threatened me.
[47:57.000 --> 48:06.000]  And then I was planning on just going back to get his name and badge number to report it when we saw him going to respond to, I guess, help out this other officer.
[48:06.000 --> 48:07.000]  Okay.
[48:07.000 --> 48:12.000]  We're standing there, you know, leaning against the wall, totally non-threatening, not even speaking to them.
[48:12.000 --> 48:23.000]  You know, we're engaging in cop watch. There's also a tactic called cop block where you, you know, talk to police officers about how they're, you know, monopoly, monopoly men, you know, abusing their power, yadda, yadda, yadda.
[48:23.000 --> 48:35.000]  But we were just sitting there not even engaging in the lease bid and he immediately walks right up to me, of course, recognizing me for just a second ago and starts to tell us that we're interfering with what he's doing.
[48:35.000 --> 48:44.000]  And I asked him, are you saying that we're interfering with police business? What's going on here? And he says, yeah, you need to go back behind that pole.
[48:44.000 --> 48:50.000]  Just pull some area, you know, out of nowhere, some arbitrary location that we need to go to make him feel comfortable.
[48:50.000 --> 48:57.000]  And so he tells us, you need to go back there. And I believe he's only speaking to me at this point. I wasn't sure. I was looking right at him.
[48:57.000 --> 49:01.000]  I know he was definitely talking to me. I don't know if he was talking to anybody else.
[49:01.000 --> 49:10.000]  So he starts telling me to go back behind the pole. So I start taking steps back and I tell him, I'm saying, you know, I'm only complying because you have a gun on your, on your belt.
[49:10.000 --> 49:17.000]  That's the only reason I'm complying with you, of course, you know, getting it out there that there's a gun in the room. That's what government is.
[49:17.000 --> 49:25.000]  And so I step all the way back beyond the pole. And in which case, at this point, he begins to arrest Matt.
[49:25.000 --> 49:34.000]  And I start saying, Hey, you know, what are you doing? This is ridiculous. You know, how, how, how ridiculous is this moment?
[49:34.000 --> 49:42.000]  He gets Matt handcuffed and then starts arresting me saying I wasn't behind the pole. I already had to ask you five times later.
[49:42.000 --> 49:49.000]  He contradicted himself and said that I was behind the pole, but he had to ask me too long and it took us too long to comply.
[49:49.000 --> 49:51.000]  And you have all this on video.
[49:51.000 --> 49:57.000]  Yeah, the whole thing was on video. Thankfully, I have a video that hasn't been released on my phone that I was recording.
[49:57.000 --> 50:01.000]  Matt Medina got the stream live streamed straight to the Internet through Quick.
[50:01.000 --> 50:11.000]  Danny Panzella then held our cameras. We tossed them off to him, handed them off to him as we were being arrested to ensure they didn't erase anything and that he can continue filming the altercation.
[50:11.000 --> 50:17.000]  The officer changed his story multiple times. Then he starts on with something to justify his actions.
[50:17.000 --> 50:25.000]  What I take it, you know, I don't know his intentions, but I assume he was trying to justify his actions by saying, you know, you came up talking to me before, you know, in a threatening manner.
[50:25.000 --> 50:31.000]  I don't know what your intentions were, what you intended to do. You know, that's what that was one of the reasonings behind him arresting us.
[50:31.000 --> 50:37.000]  He didn't know what our intentions were. Of course, you know, he didn't know what the intentions of anybody else downtown at night,
[50:37.000 --> 50:42.000]  but he didn't go willy-nilly arresting everybody that's walking around or standing around in his area.
[50:42.000 --> 50:53.000]  And yeah, so he arrested us, took us back to their little small station to where, you know, this other guy, Officer Little, was on his iPhone the whole time for, you know, 30, 45 minutes.
[50:53.000 --> 50:59.000]  Then he was on his iPhone back at the jail. I tend to make that evident to the chief of police. They held us there for a while.
[50:59.000 --> 51:09.000]  Then they put us in the back of their little patty wagon and they put us there just without any, we were in handcuffs, but there wasn't any seat belts or anything.
[51:09.000 --> 51:16.000]  You know, I felt pretty vulnerable in there as the patty wagon drove to the jail cell, so I didn't much appreciate that.
[51:16.000 --> 51:24.000]  And then, of course, they let us into jail. Neither Matt nor I went before Magistrate, take it the way they do things down there, is if you have a class C,
[51:24.000 --> 51:31.000]  then they don't think it's not a jailable offense, so they don't think you have to go before the Magistrate. They never take you upstairs.
[51:31.000 --> 51:41.000]  And I was listening to, you know, I've heard Eddie's, not Eddie's take, it's the law regarding that. You've got to go immediately to the Magistrate whenever, you know, before you are put in jail.
[51:41.000 --> 51:48.000]  And I assume they blur the law by thinking that it's only, you're going to jail only if you're going upstairs to be put in a cell.
[51:48.000 --> 51:56.000]  If they're holding you downstairs and like with the general people that they brought in, they might not consider that as jail. It's totally bogus.
[51:56.000 --> 52:11.000]  Actually, what the law says is that if they arrest you, they have to bring you directly to a Magistrate before they bring you anywhere else, no matter if they want to call it jail or downstairs or anything.
[52:11.000 --> 52:20.000]  Once they put somebody in handcuffs and take them into custody, they are required by law to bring you immediately to a Magistrate period.
[52:20.000 --> 52:29.000]  Now, there is law in the books concerning the 48 hours thing, which most police, they misconstrue that as well.
[52:29.000 --> 52:40.000]  What the law says is that if they don't bring you to a Magistrate within 48 hours, that is prima facie evidence that they made no effort to locate a Magistrate.
[52:40.000 --> 52:44.000]  They did not use due diligence to locate a Magistrate.
[52:44.000 --> 52:54.000]  That doesn't mean they get to take up to 48 hours. What that means is that it's obvious they didn't try if it's longer than 48 hours, but they are required to do it immediately.
[52:54.000 --> 53:02.000]  So you guys never saw a Magistrate, so you're being held downstairs, so then what happens? Did they put you in the orange suit and all that?
[53:02.000 --> 53:15.000]  No, the people that were there with Class Bs and above, they all were taken upstairs to where they have the jail cells, and they also now have a body scanner and a retina scanner.
[53:15.000 --> 53:21.000]  So thankfully, our charges were Class C and they weren't B or above.
[53:21.000 --> 53:35.000]  Like, I got a criminal trespass ticket, was taken to jail, they did take me upstairs for the Obama UT arrest, and if they would have had the body scanner, then they would have scanned my eyes while I would have refused, but who knows how that would have played out, but they now have that.
[53:35.000 --> 53:40.000]  So they just let us go after about five or six hours without going to see a Magistrate.
[53:40.000 --> 53:55.000]  It's a Class C misdemeanor failure to comply with the lawful order, which of course it was in the lawful order, but regardless, even if it was, we were complying, we stepped beyond the pole, and the court that it's going in is this downtown Austin Community Court,
[53:55.000 --> 54:04.000]  which is further, you know, so far from being a lawful court, I imagine. I don't know if it's like a subsidiary or it's underneath the municipal court or what the heck it is.
[54:04.000 --> 54:12.000]  I'm sure it's not a lawful court under the Texas law or Texas Constitution, and we have hearings already on Wednesday morning at 9.30 a.m.
[54:12.000 --> 54:13.000]  Okay.
[54:13.000 --> 54:24.000]  I believe what they do is all the people that get arrested for downtown crimes, like public intoxication, failure to comply with the lawful order, they have a special name for those violations.
[54:24.000 --> 54:30.000]  Those are the people they just take into the jail to hold them while they're drunk, I guess, because they deem everyone with a threat.
[54:30.000 --> 54:37.000]  And then those cases are dealt with this little B.S. court, the downtown Austin Community Court.
[54:37.000 --> 54:51.000]  John, what you need to find out on this community court is who created it. If it's created in a state law, then the legislature created it and, you know, as long as it's a judicial court, fine.
[54:51.000 --> 55:07.000]  But if the city created it, that's an administrative court, it has no force and effective law, and I would go after whoever's sitting up there pretending to be a judge with tooth and nail just to get at them.
[55:07.000 --> 55:17.000]  Okay, and another thing is we need to find out what kind of hearing this is. Is this an arraignment or is this where you actually go before the magistrate finally?
[55:17.000 --> 55:23.000]  Because you've never seen a magistrate and we need to find out what kind of hearing this is.
[55:23.000 --> 55:30.000]  Yeah, they didn't say, I don't know if Matt has the document in front of them. I imagine we'll show up and they'll try to get us to plea on the matter.
[55:30.000 --> 55:32.000]  No, don't plead. Do not plead.
[55:32.000 --> 55:40.000]  No, they have no lawful authority to require you to plead. Matt, what does the document say?
[55:40.000 --> 55:50.000]  It says, you must appear at the downtown Austin Community Court. You're to appear as a date, time, and it has an italics to quote.
[55:50.000 --> 56:01.000]  It says, I will appear at the downtown Austin Community Court when indicted for the charges, listed, failed to appear, resulted in a warrant for my arrest.
[56:01.000 --> 56:14.000]  That's where they had a sign and that's pretty much it. It has the date we're arrested, but above that is where it has our offense on here and offense charge, failure to comply lawful order.
[56:14.000 --> 56:16.000]  But that's about it right there.
[56:16.000 --> 56:19.000]  Okay, so basically this is like a packet.
[56:19.000 --> 56:25.000]  Community Court does not appear in any state statute.
[56:25.000 --> 56:31.000]  I imagine it's a child of the City Municipal Court.
[56:31.000 --> 56:37.000]  No, I imagine it's a child of the City Council.
[56:37.000 --> 56:41.000]  I'm looking at the website for it.
[56:41.000 --> 56:47.000]  The downtown Austin Community Court. I recall going there younger when I was a juvenile, I don't remember what it was for.
[56:47.000 --> 56:56.000]  It was on 6th Street right there, so I think they just shuffle all the drunks in and everybody that has these small minor violations and everybody just goes through the motions as if it was a legitimate court.
[56:56.000 --> 57:03.000]  Well, that doesn't make any sense. Those people should be going to the Municipal Court if it's classy, Ms. Demaner, under city ordinance.
[57:03.000 --> 57:11.000]  I forget the name, but they have a name for these types of offenses that take place downtown and they're minor for the victim list, they're class C's.
[57:11.000 --> 57:13.000]  I forgot what it was though.
[57:13.000 --> 57:24.000]  Okay, so it doesn't say what this is, if it's an arraignment or a trial or anything like that.
[57:24.000 --> 57:28.000]  I don't think so. I imagine it's the equivalent of a docket appearance.
[57:28.000 --> 57:46.000]  The other thing, this hearing is on Wednesday and tonight is Monday, they have one more day to get something to both of you in the mail concerning a copy of the criminal complaint against you.
[57:46.000 --> 57:55.000]  They have to serve you with a copy of the criminal complaint even for classy, Ms. Demaner, this is what we go through with traffic tickets too.
[57:55.000 --> 58:02.000]  One, at least one day prior to any proceeding, which is any court hearing.
[58:02.000 --> 58:18.000]  And so if those guys, if you don't receive something in the mail tomorrow, then y'all need to be prepared in hands on Wednesday with a motion to dismiss because of no notice.
[58:18.000 --> 58:19.000]  Yeah.
[58:19.000 --> 58:23.000]  And we can talk about that some more on the other side, I'm sure Eddie has some more ideas as well.
[58:23.000 --> 58:25.000]  Stay with us, John and Matt.
[58:25.000 --> 58:26.000]  Yeah.
[58:26.000 --> 58:27.000]  Okay, John.
[58:27.000 --> 58:28.000]  Yeah.
[58:28.000 --> 58:29.000]  Stay right there, Matt.
[58:29.000 --> 58:30.000]  Stay right there.
[58:30.000 --> 58:33.000]  We'll be right back on the other side of the top of the hour news, I&N will report radio.
[58:33.000 --> 58:40.000]  We're discussing the situation with this outrageous accusation under the city ordinance.
[58:40.000 --> 58:45.000]  We'll go over the language of the ordinance in a little bit again as well.
[58:45.000 --> 58:48.000]  But the bottom line is the police can't just tell us what to do.
[58:48.000 --> 58:50.000]  In other words, you're not the boss of me.
[58:50.000 --> 58:51.000]  Okay.
[58:51.000 --> 58:56.000]  As an adult, we don't have to do every little tiny thing that you say we're not interfering with your duties when we photograph you.
[58:56.000 --> 59:00.000]  We'll be right back, folks.
[59:00.000 --> 59:04.000]  Would you like to make more definite progress in your walk with God?
[59:04.000 --> 59:11.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:23.000 --> 59:28.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:28.000 --> 59:37.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:37.000 --> 59:50.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life, 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 News Network.
[01:00:04.000 --> 01:00:08.000]  Iran said this weekend it shot down a U.S. spy drone over its airspace.
[01:00:08.000 --> 01:00:17.000]  After a day of silence, both Pentagon and NATO officials said Monday the aircraft was flying over western Afghanistan and had gone astray.
[01:00:17.000 --> 01:00:21.000]  Iran has shot down over a dozen U.S. drones in recent years.
[01:00:21.000 --> 01:00:28.000]  Seven people were killed and 33 others injured Monday in two attacks against Shiite pilgrims south of Baghdad.
[01:00:28.000 --> 01:00:34.000]  A bomb exploded among Shiite pilgrims in Latifia, killing two and wounding three others.
[01:00:34.000 --> 01:00:43.000]  Hours later, a car bomb exploded near a group of pilgrims heading to the holy Shiite city of Kabbalah, killing five people and wounding 30 others.
[01:00:43.000 --> 01:00:54.000]  Beijing authorities cancelled hundreds of flights and shut highways Monday as thick smog descended on the Chinese capital, reducing visibility at one of the world's busiest airports.
[01:00:54.000 --> 01:01:05.000]  International organizations, including the UN, list Beijing as one of the most polluted cities in the world, mainly due to its energy consumption, most of it from fossil fuels.
[01:01:05.000 --> 01:01:18.000]  The White House, Monday, refused to say whether it would veto a military funding bill passed by the Senate last week, authorizing the military's indefinite detention without trial of U.S. citizens.
[01:01:18.000 --> 01:01:30.000]  The legislation also mandates that all non-citizens charged as terrorists, including those arrested on U.S. soil, be detained indefinitely by the military rather than tried in a civilian court.
[01:01:30.000 --> 01:01:48.000]  The act, passed by an overwhelming 93-7, clashes with the Sixth Amendment, which guarantees accused citizens a, quote, speedy and public trial by an impartial jury, and with the Fifth Amendment, that no person shall be deprived of liberty, quote, without due process of law.
[01:01:48.000 --> 01:02:02.000]  The act also continues the current practice of legalizing the abrogation of habeas corpus, which requires the state to try a detained individual before an independent court and show just cause for imprisonment.
[01:02:02.000 --> 01:02:21.000]  U.S. military personnel have begun leaving Shamsi air base in Pakistan after the NATO attack last month that killed 24 Pakistani soldiers, plunged U.S.-Pakistani relations to an all-time low. More than 70 Marines and CIA operatives are set to leave the base Monday.
[01:02:21.000 --> 01:02:33.000]  Predator drones were initially allowed to land at Shamsi when they couldn't get back to Afghanistan. The U.S. has lessened its dependency on the base since tensions with Pakistan began to flare up a year ago.
[01:02:33.000 --> 01:02:56.000]  Pakistani troops stationed near the base were on high alert as the U.S. began its departure. Islamabad has also withdrawn from a December 5th conference in Germany on the future of Afghanistan and blocked U.S. military supply convoys headed to Afghanistan. Barack Obama Sunday offered personal commiseration for the loss of life, but the U.S. has not admitted responsibility for the attack.
[01:03:03.000 --> 01:03:16.000]  You are listening to the Rural Law Radio Network at RuralLawRadio.com. Live free speech talk radio at its best.
[01:03:16.000 --> 01:03:45.000]  This is all according to the will of the Almighty. I read as Bookie Nishev, the cares come for the aside. These warmongers come by last term Friday.
[01:03:45.000 --> 01:04:04.000]  Okay, folks, we are back. This is the Rural Law. Tonight is Monday, December 5th, 2011. We're not going to pay for their fun with our body. Their plan is wicked and their logic is shoddy.
[01:04:04.000 --> 01:04:16.000]  And that's why we're here to help folks with these kinds of issues because they'll just run rough shot over us all the time if we let them. Okay, so as I was saying before, we went to the break.
[01:04:16.000 --> 01:04:27.000]  One issue that I can think of immediately right off the bat, which is what they fail to do every time in these situations is it's called lack of notice.
[01:04:27.000 --> 01:04:40.000]  The no notice issue. Every time with these classic misdemeanors, traffic tickets, everything, they fail to serve people properly, which means in the mail or bringing it to your address or whatever.
[01:04:40.000 --> 01:04:54.000]  They fail to serve people with the criminal complaint one day prior or more to any proceeding. These guys have not been served with the criminal complaint.
[01:04:54.000 --> 01:05:04.000]  So they've got, the city of Austin has one more day tomorrow. If it doesn't come in the mail tomorrow, they have not been served with the complaint, and that is grounds for dismissal.
[01:05:04.000 --> 01:05:21.000]  And so we're going to get them some documents, motions to dismiss based on lack of notice, based on no notice. Now, in order to preserve the no notice defense, you have to make a special appearance, not a general appearance to the court.
[01:05:21.000 --> 01:05:33.000]  And Eddie's going to discuss a little bit about that. Now, there are other issues as well concerning jurisdictional issues. So Eddie, you want to talk about the no notice issue as well as these other issues?
[01:05:33.000 --> 01:05:48.000]  Yeah, I've been going through this website for the community court. Now, this is what we have under the heading of who we are. The downtown Austin Community Court is a new model of the current day municipal court.
[01:05:48.000 --> 01:05:58.000]  Its goal is to improve the community's quality of life in public order through effective and creative sentencing of misdemeanor offenders. Effective and creative sentencing.
[01:05:58.000 --> 01:06:07.000]  I was pretty much under the impression that the only creation of sentencing you get to have is what the legislature put into law for the offense.
[01:06:07.000 --> 01:06:16.000]  You're limited to what it says the offense can be punished by. And that's it. So what exactly is there to be creative with?
[01:06:16.000 --> 01:06:28.000]  The other thing that follows after that, the court provides offenders with the means and encouragement to discontinue their criminal behavior. Obviously, they're not seeing many cops in there these days.
[01:06:28.000 --> 01:06:42.000]  Whether through treatment, community restitution for the harm caused the community, or by incarcerating the truly unrepentant. This right here tells me this court has got the biggest swelled head you've ever seen.
[01:06:42.000 --> 01:06:54.000]  By the way, the judge's name here is coffee. Okay. He is an XDA. So he's going to think he's all that in a bag of chips. Keep that in mind.
[01:06:54.000 --> 01:07:05.000]  But here's their problem. First off, municipal courts do not have criminal jurisdiction in any case that is punishable by anything other than by fine.
[01:07:05.000 --> 01:07:20.000]  So every punishment they stuck up here is completely outside of their jurisdiction to render. Okay. They cannot order community restitution. They can only order payment of the fine.
[01:07:20.000 --> 01:07:33.000]  They cannot order treatment. They can only order payment of the fine. They cannot incarcerate ever because the law is very clear.
[01:07:33.000 --> 01:07:46.000]  Let's see. It goes, the municipal courts have current jurisdiction, blah, blah, blah. In article 4.14 of the Code of Criminal Procedure.
[01:07:46.000 --> 01:08:00.000]  Okay. It goes through this very carefully. They only have jurisdiction if and when the municipal courts have concurrent jurisdiction with the justice court of a precinct in which the municipality is located.
[01:08:00.000 --> 01:08:13.000]  In all criminal cases arising under state law, that, one, arise within territorial limits of the municipality and are punishable by fine only as defined in subsection C of this article.
[01:08:13.000 --> 01:08:29.000]  Subsection C of this article reads, in this article, an offense which is punishable by fine only is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute.
[01:08:29.000 --> 01:08:49.000]  This is consisting of confinement in jail or imprisonment. So if the statute, not the ordinance, but the actual statute that the ordinance has to be based on, does not authorize any type of punishment other than a fine, the court is powerless to institute any other punishment.
[01:08:49.000 --> 01:09:09.000]  The fact that you have an ex-prosecutor down here conducting these illegal sentencing procedures is a good indication that the city of Austin thinks it's own little fiefdom here, which it actually does not surprise me considering that's what most of them seem to think anyway.
[01:09:09.000 --> 01:09:27.000]  Yeah, this is ridiculous. I mean, only the legislature is authorized to enact law. I mean, otherwise, why would we even need a state legislature if every city and every municipality is going to just enact their own laws and be their own little independent fiefdoms, as you say, Eddie?
[01:09:27.000 --> 01:09:33.000]  It's totally unlawful. It's totally unconstitution. We can't stand for it. We're not going to stand for it.
[01:09:33.000 --> 01:09:40.000]  It's awful. And unlawful.
[01:09:40.000 --> 01:09:53.000]  Now, the other thing you're going to want to find out, because it does not say here, if you go into this saying you demand everything beyond the record, if they tell you that this is not a court of record, you've got them over a barrel they'll never recover from.
[01:09:53.000 --> 01:10:02.000]  The Texas law is very specific. If a municipality operates a court of record, it cannot operate a court of no record.
[01:10:02.000 --> 01:10:06.000]  That is right in Chapter 30 of the government code.
[01:10:06.000 --> 01:10:12.000]  And the municipal court is a court of record, so the city can't operate courts of no record, period.
[01:10:12.000 --> 01:10:18.000]  So this is a second municipal court, so it would be governed just as if it was a municipal court under the Code of Criminal Procedures?
[01:10:18.000 --> 01:10:21.000]  Correct.
[01:10:21.000 --> 01:10:27.000]  They're not authorized to do anything else. They can't create a court.
[01:10:27.000 --> 01:10:32.000]  They can't just make up their own courts and their own laws.
[01:10:32.000 --> 01:10:38.000]  Only the legislature is empowered to create and set the jurisdiction of a court.
[01:10:38.000 --> 01:10:45.000]  If the city created this court, then the city is way outside of its region of authority.
[01:10:45.000 --> 01:10:56.000]  And also, city ordinances do not apply to the average citizen unless the ordinance is based on state law.
[01:10:56.000 --> 01:11:02.000]  Otherwise, if a city ordinance is not based on state law, it cannot be binding on the citizens.
[01:11:02.000 --> 01:11:08.000]  It can only apply to city employees like dress codes and stuff like that.
[01:11:08.000 --> 01:11:17.000]  Well, in this case, it may be based upon a state law, which will be the penal code, 38.15, interfering with public duties.
[01:11:17.000 --> 01:11:23.000]  But you'd have to look at the actual ordinance to see what it says it's based on in state law.
[01:11:23.000 --> 01:11:30.000]  If it can't provide information about what state law it's based on, it's not legal.
[01:11:30.000 --> 01:11:31.000]  Interesting.
[01:11:31.000 --> 01:11:37.000]  And you could also use Discovery to find out that information, too.
[01:11:37.000 --> 01:11:40.000]  Discovery tools.
[01:11:40.000 --> 01:11:42.000]  Yep.
[01:11:42.000 --> 01:11:45.000]  Wednesday, 9.30 a.m.
[01:11:45.000 --> 01:11:47.000]  So what else do you have, Eddie?
[01:11:47.000 --> 01:11:53.000]  We can get them a motion to dismiss, special appearance for no notice.
[01:11:53.000 --> 01:11:55.000]  Improper and insufficient notice.
[01:11:55.000 --> 01:11:59.000]  And what else can they bring on Wednesday?
[01:11:59.000 --> 01:12:07.000]  And I'm pretty sure that once there's no complaint, where is the complaint?
[01:12:07.000 --> 01:12:14.000]  That's the next thing you guys need to be doing tomorrow is going into the court record and seeing if there's a signed complaint and who signed it.
[01:12:14.000 --> 01:12:20.000]  Yes. Now, just because you find a complaint in the file, that doesn't mean you've been served with it.
[01:12:20.000 --> 01:12:23.000]  You still have not been noticed with it.
[01:12:23.000 --> 01:12:26.000]  Yeah, do not talk to anybody about it.
[01:12:26.000 --> 01:12:28.000]  Don't say, hey, where's my complaint?
[01:12:28.000 --> 01:12:32.000]  Just say I want to see the court record and get everything in it.
[01:12:32.000 --> 01:12:36.000]  But don't mention what is or isn't there.
[01:12:36.000 --> 01:12:44.000]  Hey, Eddie, so I guess it was criminal court of appeals ruling out of Houston.
[01:12:44.000 --> 01:12:48.000]  You refer to often your class that said anything that's contrary.
[01:12:48.000 --> 01:12:50.000]  You have to have 100%.
[01:12:50.000 --> 01:12:58.000]  You got to follow the code of criminal procedures and all other, any other thing governing the courts to secure the rights and due process of the people.
[01:12:58.000 --> 01:13:00.000]  You got to follow it 100%.
[01:13:00.000 --> 01:13:09.000]  And it also says, I don't know if it's a qualifier that says that the violations can't cause harm to the person's ability to defend themselves.
[01:13:09.000 --> 01:13:14.000]  But if you do see the interpretation of the statute, you can't cause harm.
[01:13:14.000 --> 01:13:24.000]  Yeah, but what you're referring to is the case of Reese V. State, which the reference is 772, Southwest Second 288,290.
[01:13:24.000 --> 01:13:31.000]  And the other, okay, that says that when you've been deprived of a proper procedure under the code of criminal procedure,
[01:13:31.000 --> 01:13:42.000]  that your case should be overturned is Parker V. State, which is 745, Southwest Second 934, 937.
[01:13:42.000 --> 01:13:52.000]  Now, I don't know if it's necessary or not, but to be able to demonstrate that their violation of the code of criminal procedures hurt your ability to defend yourself,
[01:13:52.000 --> 01:13:57.000]  is that taken away from you if you do, in fact, see the criminal complaint a day before?
[01:13:57.000 --> 01:13:58.000]  No.
[01:13:58.000 --> 01:14:00.000]  Because obviously, if they don't notice you have it, you don't have it.
[01:14:00.000 --> 01:14:02.000]  No, that's not noticed.
[01:14:02.000 --> 01:14:03.000]  That's not noticed.
[01:14:03.000 --> 01:14:11.000]  No, just because you go to the court and dig into your file and find the complaint, that does not mean that you've been noticed.
[01:14:11.000 --> 01:14:13.000]  They have to serve it to you.
[01:14:13.000 --> 01:14:14.000]  No, I understand that.
[01:14:14.000 --> 01:14:16.000]  Let's analyze this for a second.
[01:14:16.000 --> 01:14:23.000]  Remember, you did not live in Austin, so you live 200-something miles away in Nacogdoches, but you got a ticket while you're in Austin.
[01:14:23.000 --> 01:14:34.000]  Does it do you, as the defendant, any good whatsoever for the prosecutor to go stick that complaint in the court record and never provide you with a copy of it?
[01:14:34.000 --> 01:14:35.000]  No.
[01:14:35.000 --> 01:14:40.000]  No, because you do not have access to that court record.
[01:14:40.000 --> 01:14:41.000]  No.
[01:14:41.000 --> 01:14:49.000]  There's nothing that obligates the accused to make that effort to provide their own notice.
[01:14:49.000 --> 01:14:50.000]  Right.
[01:14:50.000 --> 01:14:55.000]  And I understand that it's not noticed if it's in the record alone.
[01:14:55.000 --> 01:15:07.000]  What I was asking, and this is something that Judge Evans and JP Precinct Five said whenever I presented him or whenever we were going over the motion to dismiss or improper an insufficient notice,
[01:15:07.000 --> 01:15:14.000]  they said, okay, so you don't have the complaint, you know, how does that hurt your ability to defend yourself?
[01:15:14.000 --> 01:15:24.000]  Because at that point in that proceeding, I had actually been, I saw the complaint the day before, but a proceeding had already begun.
[01:15:24.000 --> 01:15:26.000]  And so with...
[01:15:26.000 --> 01:15:34.000]  It violates your ability under 45.018 and 45.019.
[01:15:34.000 --> 01:15:40.000]  And that's what it does. It impairs your ability to challenge the form and content of the complaint.
[01:15:40.000 --> 01:15:51.000]  It also impairs your ability to get notice to prepare a proper defense or motions to dismiss because you have not been properly notified of the charge against you.
[01:15:51.000 --> 01:15:52.000]  Okay.
[01:15:52.000 --> 01:15:55.000]  And that's something that should take place before the proceedings begin.
[01:15:55.000 --> 01:15:56.000]  Exactly.
[01:15:56.000 --> 01:16:01.000]  That's exactly why 45.018 says that you have the right.
[01:16:01.000 --> 01:16:06.000]  The defendant is entitled to Chapter 311 Government Code.
[01:16:06.000 --> 01:16:13.000]  The phrase is entitled to creates or recognizes a right.
[01:16:13.000 --> 01:16:17.000]  If it's a right, they don't get to ignore it.
[01:16:17.000 --> 01:16:21.000]  But they do all the time.
[01:16:21.000 --> 01:16:25.000]  Till we raise a stink about it and document it and beat them over the head with it.
[01:16:25.000 --> 01:16:26.000]  Yeah.
[01:16:26.000 --> 01:16:30.000]  Well, we're going to beat them over the head with that stink, aren't we, John?
[01:16:30.000 --> 01:16:31.000]  No, Eddie.
[01:16:31.000 --> 01:16:36.000]  What about the fact that they were arrested on Saturday and they have to prepare for court for Wednesday?
[01:16:36.000 --> 01:16:39.000]  That's not very much time for preparation.
[01:16:39.000 --> 01:16:43.000]  Well, that's the lack of timely and proper notice. That's the jail's fault.
[01:16:43.000 --> 01:16:44.000]  Okay.
[01:16:44.000 --> 01:16:46.000]  We'll get that on the other side.
[01:16:46.000 --> 01:16:47.000]  Okay.
[01:16:47.000 --> 01:16:48.000]  Yes.
[01:16:48.000 --> 01:16:54.000]  So, I mean, this is also part of the no notice is that not timely notice that there's only two days.
[01:16:54.000 --> 01:16:55.000]  All right.
[01:16:55.000 --> 01:17:00.000]  Let's go.
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[01:19:00.000 --> 01:19:16.000]  I ain't gonna blind me. Don't bore me.
[01:19:16.000 --> 01:19:23.000]  Well, I ain't gonna prove me without you.
[01:19:23.000 --> 01:19:30.000]  Same old trick again. I was blindsided, but now I can see your eyes.
[01:19:30.000 --> 01:19:33.000]  You put the fear in my pocket.
[01:19:33.000 --> 01:19:34.000]  Okay, folks. We are back.
[01:19:34.000 --> 01:19:42.000]  We're speaking with John Bush and Massey Medina about the episode over the weekend
[01:19:42.000 --> 01:19:46.000]  and how we're going to be able to help them kick some major booty.
[01:19:46.000 --> 01:19:52.000]  And folks, by the way, so far all we have discussed is the defense aspects of this.
[01:19:52.000 --> 01:19:54.000]  That's not good enough, okay?
[01:19:54.000 --> 01:20:00.000]  It's not okay for the cops to just go around rough housing and manhandling people for no good reason
[01:20:00.000 --> 01:20:04.000]  and throwing them in the clink, not bringing them in front of a magistrate,
[01:20:04.000 --> 01:20:10.000]  scheduling hearings two days later, and then to get out of it through affirmative defenses,
[01:20:10.000 --> 01:20:12.000]  and then that's where it ends.
[01:20:12.000 --> 01:20:15.000]  No, they can't just get away with that, all right?
[01:20:15.000 --> 01:20:25.000]  The only way we're gonna be able to stop this madness is that we are going to have to sue these rogues into oblivion, okay?
[01:20:25.000 --> 01:20:30.000]  We're gonna have to sue them in the kingdom come or else nothing is going to change.
[01:20:30.000 --> 01:20:35.000]  Just putting on successful defenses is not going to stop this sort of thing.
[01:20:35.000 --> 01:20:37.000]  It's just gonna get worse and worse.
[01:20:37.000 --> 01:20:41.000]  We'll be talking about what we can do offensively a little bit later,
[01:20:41.000 --> 01:20:48.000]  but in any way, going back to this no-notice issue, all right, it is two separate issues,
[01:20:48.000 --> 01:20:51.000]  the fact that they never serve you at all with the complaint,
[01:20:51.000 --> 01:20:59.000]  and also the fact that they schedule it three days out, as Eddie was saying over the break, the weekends don't count.
[01:20:59.000 --> 01:21:06.000]  So Eddie, can you please tell us the statute that sets the minimum timeframe of when they can schedule a hearing?
[01:21:06.000 --> 01:21:11.000]  Well, again, that depends upon what they're issuing the hearing based on.
[01:21:11.000 --> 01:21:18.000]  As far as a traffic citation goes, chapter 543 says that the notice to appear cannot be dated less than 10 days
[01:21:18.000 --> 01:21:21.000]  from the date of the issuance of the citation.
[01:21:21.000 --> 01:21:24.000]  In this case, however, we're not looking at a citation.
[01:21:24.000 --> 01:21:32.000]  We're looking at a document issued by the jail for them to be released and make an appearance in court.
[01:21:32.000 --> 01:21:39.000]  The problem is, is I can't find the statute that deals with that specific concept.
[01:21:39.000 --> 01:21:44.000]  That means that they're not even allowed to do that.
[01:21:44.000 --> 01:21:47.000]  They're not even allowed to issue these released documents.
[01:21:47.000 --> 01:21:53.000]  I failed to see how the jail can require you to appear in court when there's nothing written.
[01:21:53.000 --> 01:21:56.000]  There's no citation, nothing.
[01:21:56.000 --> 01:22:03.000]  There's no citation, no complaint, no nothing. What is the jail even doing, number one, holding you in jail?
[01:22:03.000 --> 01:22:07.000]  And number two, ordering you to appear in a court, pronounce it.
[01:22:07.000 --> 01:22:13.000]  This same procedure took place whenever I was arrested for a classy misdemeanor criminal trespass.
[01:22:13.000 --> 01:22:18.000]  Again, in the Obama free speech zone incident, they didn't give me any citation.
[01:22:18.000 --> 01:22:23.000]  The only document that I left with was a document that was very similar.
[01:22:23.000 --> 01:22:28.000]  Besides the bond that I took out, the PR bond, was also a release.
[01:22:28.000 --> 01:22:33.000]  I don't recall if on that one they set a court date for me there on the spot through the jail,
[01:22:33.000 --> 01:22:38.000]  but it was a similar thing where they never cited me. They just took me in.
[01:22:38.000 --> 01:22:46.000]  I did go before the magistrate before being released, however, with the Class B, but not with this weird petty C,
[01:22:46.000 --> 01:22:50.000]  which aren't the C's since there's no jail time. They're not even supposed to take you to jail.
[01:22:50.000 --> 01:22:56.000]  They do have the authority to arrest on the Class C misdemeanor.
[01:22:56.000 --> 01:22:59.000]  Yeah, but not take you to jail. That's the point.
[01:22:59.000 --> 01:23:05.000]  They can't just take you and throw you in jail on the Class C because confinement can't be a part of the punishment.
[01:23:05.000 --> 01:23:12.000]  If it can't be part of the punishment, it most certainly can't be part of the pre-appearance of anything.
[01:23:12.000 --> 01:23:17.000]  Yeah, I think it's a regular occurrence for whenever you're arrested with a Class C misdemeanor.
[01:23:17.000 --> 01:23:24.000]  That's absolutely a regular occurrence. They always take you straight to jail, which is exactly why a federal lawsuit is the way to respond.
[01:23:24.000 --> 01:23:28.000]  That's exactly why.
[01:23:28.000 --> 01:23:38.000]  Yeah, and one of the big utilitarian arguments, and this is something that Judge Evans said about me trying to get him on the 45.018 when they didn't do the notice,
[01:23:38.000 --> 01:23:43.000]  he said, you know, do you really think we'd be able to actually mail out that many notices for these?
[01:23:43.000 --> 01:23:45.000]  Oh please, give me a break.
[01:23:45.000 --> 01:23:52.000]  Yeah, and the way that, and then later on he contradicted himself by saying it wasn't required, but he still threw it out there probably why they don't do it.
[01:23:52.000 --> 01:24:00.000]  But I think the idea was it was supposed to be able to work because if you only prosecute and go after crimes where there's a victim,
[01:24:00.000 --> 01:24:06.000]  you know, if you're not dealing with all these victimless crimes and all these petty ordinances, then you might actually be able to make it work
[01:24:06.000 --> 01:24:12.000]  to where you actually notice everybody along with the law. But since they're just arresting everybody for everything, it seems.
[01:24:12.000 --> 01:24:19.000]  Now, there is something I do need to bring to your attention that is in the Code of Criminal Procedure article 28.01 pre-trial.
[01:24:19.000 --> 01:24:23.000]  And we need to go down and read Section 2.
[01:24:23.000 --> 01:24:31.000]  Now, Section 2 clearly reads, and again, this is going to depend upon what they want to classify this first appearance as.
[01:24:31.000 --> 01:24:36.000]  But this is how Section 2 reads, when a criminal case is set for such pre-trial hearing,
[01:24:36.000 --> 01:24:44.000]  any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed
[01:24:44.000 --> 01:24:52.000]  except by permission of the court for good cause shown, provided that the defendant shall have sufficient notice of such hearing
[01:24:52.000 --> 01:24:58.000]  to allow him not less than 10 days in which to raise or file such preliminary matters.
[01:24:58.000 --> 01:25:04.000]  The record made of such pre-trial hearing, the rulings of the court and the exceptions and objections thereto
[01:25:04.000 --> 01:25:10.000]  shall become a part of the trial record of the case upon its merits.
[01:25:10.000 --> 01:25:16.000]  So that would be another indication that they can't do this any less than 10 days,
[01:25:16.000 --> 01:25:24.000]  though this does not specifically address where you got this notice from.
[01:25:24.000 --> 01:25:32.000]  But depending upon how they classify this appearance on Wednesday, this very well may apply.
[01:25:32.000 --> 01:25:39.000]  Yeah, and besides, another document that you're going to need, I just realized for Wednesday, is a formal declination to plea.
[01:25:39.000 --> 01:25:44.000]  In other words, you're declining to plea because you have no notice.
[01:25:44.000 --> 01:25:47.000]  You don't have the nature and cause of the charges against you.
[01:25:47.000 --> 01:25:50.000]  Yeah, how could we possibly understand what we're pleading on?
[01:25:50.000 --> 01:25:53.000]  Yeah, you can't, and they're trying to...
[01:25:53.000 --> 01:26:03.000]  Like I say, you always say, look, you could be charging me with murder for all I know, I haven't seen a single thing in writing that says what you're trying to charge me with.
[01:26:03.000 --> 01:26:06.000]  And they try to go, well, here's what you're charged with.
[01:26:06.000 --> 01:26:08.000]  Well, a heater's not good enough.
[01:26:08.000 --> 01:26:11.000]  Write it down and give it to me in a proper form.
[01:26:11.000 --> 01:26:16.000]  Exactly. In other words, you want to see the criminal complaint and be served with it in a timely basis.
[01:26:16.000 --> 01:26:20.000]  And if they say, well, will we schedule the hearing so we can have time to serve you?
[01:26:20.000 --> 01:26:24.000]  No, that's not good enough. No. You guys called this hearing.
[01:26:24.000 --> 01:26:29.000]  You're the ones trying to prosecute me. You're not prepared. Now we got to dismiss.
[01:26:29.000 --> 01:26:39.000]  And the thing about the declining to plea, the declination to plea, is that you want to have that on record, in the court record, that you're declining to plea
[01:26:39.000 --> 01:26:44.000]  and not just doing it verbally in the court for several reasons.
[01:26:44.000 --> 01:26:51.000]  You want that, you want that documented and also part of your preserving your special appearance.
[01:26:51.000 --> 01:26:58.000]  Because remember, when you guys show up and when you file these documents, you are making what's called a special appearance.
[01:26:58.000 --> 01:27:08.000]  Because if you, they always try to trick people into entering a plea, because when you enter a plea, then you have waived your objection to
[01:27:08.000 --> 01:27:16.000]  impersonal jurisdiction of the court. And so then everything that you do at that point forward is a general appearance.
[01:27:16.000 --> 01:27:25.000]  And so you want to preserve your special appearance so you stay out so you can maintain your objections to all their different forms of jurisdiction.
[01:27:25.000 --> 01:27:33.000]  And so putting that declination to plea in there is one of the ways of preserving your special appearance.
[01:27:33.000 --> 01:27:41.000]  And we also have a 45.023, right, where you can't enter a plea before a jury's been in panel, which obviously hasn't been placed.
[01:27:41.000 --> 01:27:48.000]  That too, yes, that's right. And they can't issue a warrant for your arrest for failure to plea.
[01:27:48.000 --> 01:27:56.000]  There is nothing in law that requires a defendant to plea at any time, even all the way up to a trial.
[01:27:56.000 --> 01:27:58.000]  They still can't make you plea.
[01:27:58.000 --> 01:28:04.000]  Now, at some point, the judge can enter a plea for you, but not before a certain point in time.
[01:28:04.000 --> 01:28:13.000]  And Eddie, can you clarify? I know that there is a law that says that the judge or the magistrate can enter a plea on your behalf after you refuse to
[01:28:13.000 --> 01:28:18.000]  or something, but it's legal for them to actually do that.
[01:28:18.000 --> 01:28:29.000]  Well, it's legal because the statute gives that authority to them in Chapter 45 and in another part of the Code of Criminal Procedure as well.
[01:28:29.000 --> 01:28:37.000]  But basically without a plea, they can't move forward. But the plea that they must enter is not guilty.
[01:28:37.000 --> 01:28:42.000]  Well, when is the soonest that they can enter a plea for you, Eddie?
[01:28:42.000 --> 01:28:51.000]  Well, in this case, in a Class C misdemeanor and municipal court, it's not until the jury is in panel because that's the only time when the defendant is required to be asked for a plea.
[01:28:51.000 --> 01:28:52.000]  Right, okay.
[01:28:52.000 --> 01:28:54.000]  It's after the jury is in panel.
[01:28:54.000 --> 01:28:56.000]  So basically that's a trial.
[01:28:56.000 --> 01:28:57.000]  Correct.
[01:28:57.000 --> 01:29:01.000]  They can't even take a plea until then.
[01:29:01.000 --> 01:29:07.000]  Yeah, that's what happened in a traffic ticket I had, expired inspection.
[01:29:07.000 --> 01:29:15.000]  I was found guilty at the trial and right now I'm fighting. They just denied my motion for a new trial, so I need to do a motion to appeal this week.
[01:29:15.000 --> 01:29:27.000]  And the first time around, I went before Judge Sherry Statman and she tried, essentially the whole proceeding was just her trying to shove a plea down my throat and I refused and refused and referred to 45.023.
[01:29:27.000 --> 01:29:33.000]  I left with a document that she wrote, her court order, saying that I pleaded not guilty because I refused.
[01:29:33.000 --> 01:29:39.000]  And then so I did a motion to disqualify the magistrate for that and other reasons.
[01:29:39.000 --> 01:29:46.000]  And the second time around, they tried to give me an enter a plea again, I refused and finally they entered the plea on my behalf.
[01:29:46.000 --> 01:29:50.000]  I still refuse when the trial happened because the whole time I said they don't have jurisdiction.
[01:29:50.000 --> 01:29:52.000]  I was never noticed and the whole score of other things.
[01:29:52.000 --> 01:29:53.000]  All right, hey John.
[01:29:53.000 --> 01:29:54.000]  Last one.
[01:29:54.000 --> 01:29:55.000]  Go ahead.
[01:29:55.000 --> 01:29:59.000]  Yeah, hold that thought. We're going to break. 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 --> 01:30:04.000]  Reason number 10.
[01:30:04.000 --> 01:30:06.000]  What is on the surveillance tapes?
[01:30:06.000 --> 01:30:09.000]  There were many video surveillance cameras that recorded the morning of the bombing.
[01:30:09.000 --> 01:30:13.000]  Yet the few of these that have been released do not show what transpired with the Ryder truck at the Murrow Building.
[01:30:13.000 --> 01:30:22.000]  Most recently, the government has claimed that all of the cameras that were in different buildings and maintained by different businesses were all having their tapes changed at the exact same time, 9.02 a.m.
[01:30:22.000 --> 01:30:25.000]  This is insulting to the memory of those who perish in the bombing.
[01:30:25.000 --> 01:30:26.000]  What is being hidden from us?
[01:30:26.000 --> 01:30:30.000]  For more information, please go to OKCBombingTruth.com.
[01:30:30.000 --> 01:30:35.000]  The 10 Commandments are a cornerstone of Judaism, Islam, and Christianity.
[01:30:35.000 --> 01:30:39.000]  If you're an educated person, you should probably know them regardless of your religion.
[01:30:39.000 --> 01:30:45.000]  I'm Dr. Catherine Albrecht and I'll be right back with a tip to help you remember one of the 10 Commandments.
[01:30:45.000 --> 01:30:47.000]  Privacy is under attack.
[01:30:47.000 --> 01:30:50.000]  When you give up data about yourself, you'll never get it back again.
[01:30:50.000 --> 01:30:55.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:55.000 --> 01:31:00.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:00.000 --> 01:31:03.000]  Privacy, it's worth hanging on to.
[01:31:03.000 --> 01:31:10.000]  This public service announcement is brought to you by StarkPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:31:10.000 --> 01:31:14.000]  Start over with StarkPage.
[01:31:14.000 --> 01:31:21.000]  I remember the 9th commandment by thinking about the bottom of the ninth inning of a baseball game when the stakes are high.
[01:31:21.000 --> 01:31:28.000]  If an umpire purposely fudged a call to help his favorite team win, he would be breaking commandment number 9 that says,
[01:31:28.000 --> 01:31:30.000]  Don't Bear False Witness.
[01:31:30.000 --> 01:31:32.000]  Bearing false witness is essentially lying.
[01:31:32.000 --> 01:31:37.000]  It could involve changing facts, making up information, or giving false testimony.
[01:31:37.000 --> 01:31:42.000]  The next time you need to recall the 9th commandment, think of the 9th inning of a baseball game.
[01:31:42.000 --> 01:31:49.000]  If the umpire can't bear to see his favorite team lose, he might break the 9th commandment that forbids us to bear false witness.
[01:31:49.000 --> 01:31:54.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:32:20.000 --> 01:32:24.000]  Chippin'a your mom, Chippin'a your daddy, Chippin'a your grandpa and your granny.
[01:32:24.000 --> 01:32:29.000]  Chippin'a me, Chippin'a your baby, Chippin'a your family, whole world family.
[01:32:29.000 --> 01:32:31.000]  Chippin'a your dad, and they kept her wrongly.
[01:32:31.000 --> 01:32:34.000]  Chippin'a the beef, and you still got E.P.
[01:32:34.000 --> 01:32:36.000]  Chippin'a the fish, them all in the sea.
[01:32:36.000 --> 01:32:39.000]  Chippin'a the shark, and the real around me.
[01:32:39.000 --> 01:32:41.000]  You nasty mankind, y'all ain't chippin' crazy.
[01:32:41.000 --> 01:32:43.000]  Chippin'a clean the tomb, and they want to weep.
[01:32:43.000 --> 01:32:49.000]  So for security, them to tell me, number with them, give me them, repeat after me.
[01:32:49.000 --> 01:32:53.000]  I'm Chippin'a in the morning, Chippin'a in the evening, Chippin'a while I'm in the night.
[01:32:53.000 --> 01:32:58.000]  Experiments and mankind, what man can say them lie?
[01:32:58.000 --> 01:33:01.000]  Well, if you don't want to chip, man, you'll have your body.
[01:33:01.000 --> 01:33:03.000]  Freedom has something, man, you'll fight for it.
[01:33:03.000 --> 01:33:06.000]  You should tell them, they'll be ready.
[01:33:06.000 --> 01:33:10.000]  Constitution set us free, can't let them put no chip in your body.
[01:33:10.000 --> 01:33:13.000]  Put no chip in your dog, that's what you see.
[01:33:13.000 --> 01:33:15.000]  Put no chip in your cow, and go E.T.
[01:33:15.000 --> 01:33:17.000]  Put no chip in the fish, and go E.T.
[01:33:17.000 --> 01:33:20.000]  All in the wheel, and the shark in the sea.
[01:33:20.000 --> 01:33:22.000]  Put the little chip in the little baby.
[01:33:22.000 --> 01:33:24.000]  Want to put the chip in a gun, but you see.
[01:33:24.000 --> 01:33:27.000]  Want to put the little chip in a Iman, but E.T.
[01:33:27.000 --> 01:33:29.000]  If we go high, then the Atlantic sea.
[01:33:29.000 --> 01:33:32.000]  Man didn't have to lie, so they're gonna find me.
[01:33:32.000 --> 01:33:34.000]  Okay, folks, we are back.
[01:33:34.000 --> 01:33:38.000]  We're speaking with Matt Medina and John Bush,
[01:33:38.000 --> 01:33:42.000]  and we are talking about what happened over the weekend
[01:33:42.000 --> 01:33:47.000]  and some possible remedies, affirmative defenses,
[01:33:47.000 --> 01:33:51.000]  and also we're gonna be getting into offensive remedies,
[01:33:51.000 --> 01:33:53.000]  such as lawsuits and stuff.
[01:33:53.000 --> 01:33:58.000]  We had a caller on the break, Eddie, wanting to get some clarification
[01:33:58.000 --> 01:34:01.000]  or wanting us to discuss a little bit more about the special appearance
[01:34:01.000 --> 01:34:03.000]  and the rules of civil procedure.
[01:34:03.000 --> 01:34:07.000]  So can you just briefly go over that for the listeners and for John and Matt?
[01:34:07.000 --> 01:34:11.000]  Okay, the reason you do it as a special appearance is this.
[01:34:11.000 --> 01:34:14.000]  Until the jurisdiction of the court is established,
[01:34:14.000 --> 01:34:19.000]  the matter is always proceeding in a civil form.
[01:34:19.000 --> 01:34:24.000]  Until the court actually establishes proper criminal jurisdiction,
[01:34:24.000 --> 01:34:26.000]  the proceedings are civil.
[01:34:26.000 --> 01:34:32.000]  Thus, special appearance to challenge the jurisdiction is proper.
[01:34:32.000 --> 01:34:36.000]  We're challenging the criminal jurisdiction of the court in this matter.
[01:34:36.000 --> 01:34:39.000]  Therefore, we hold it under special appearance
[01:34:39.000 --> 01:34:42.000]  so that we do not make a general appearance
[01:34:42.000 --> 01:34:45.000]  and waive the initial challenge of jurisdiction.
[01:34:45.000 --> 01:34:47.000]  That's right.
[01:34:47.000 --> 01:34:50.000]  And Harmon Taylor will say the exact same thing.
[01:34:50.000 --> 01:34:54.000]  That is one of his main defenses in traffic ticket cases.
[01:34:54.000 --> 01:34:57.000]  When he handles traffic issues and transportation issues,
[01:34:57.000 --> 01:35:01.000]  is that you've got to preserve your special appearance.
[01:35:01.000 --> 01:35:05.000]  And yes, this has to do with the rules of civil procedure
[01:35:05.000 --> 01:35:11.000]  because as Eddie said, this is all civil until they can establish jurisdiction.
[01:35:11.000 --> 01:35:15.000]  Okay, so I hope that that clears things up for our listeners and callers.
[01:35:15.000 --> 01:35:20.000]  All right, so we've got to get you your declination to plea, John,
[01:35:20.000 --> 01:35:26.000]  to help preserve your objections due to no notice.
[01:35:26.000 --> 01:35:30.000]  And what other documents can they file, Eddie,
[01:35:30.000 --> 01:35:34.000]  or should they be bringing, Eddie, on Wednesday?
[01:35:34.000 --> 01:35:37.000]  Well, other documents they can file
[01:35:37.000 --> 01:35:40.000]  besides the challenge of subject matter jurisdiction, okay?
[01:35:40.000 --> 01:35:42.000]  I mean, we don't have anything here.
[01:35:42.000 --> 01:35:44.000]  There's no issue before the court.
[01:35:44.000 --> 01:35:46.000]  There's no signed complaint.
[01:35:46.000 --> 01:35:47.000]  There's nothing.
[01:35:47.000 --> 01:35:50.000]  There's not even a citation in this case.
[01:35:50.000 --> 01:35:52.000]  So why am I here?
[01:35:52.000 --> 01:35:54.000]  Not even a citation.
[01:35:54.000 --> 01:35:56.000]  What are you supposed to have jurisdiction of?
[01:35:56.000 --> 01:35:59.000]  This is even flimsier than a traffic ticket, people.
[01:35:59.000 --> 01:36:02.000]  There's not even a citation.
[01:36:02.000 --> 01:36:04.000]  Come on.
[01:36:04.000 --> 01:36:07.000]  And if they're going to charge you under a complaint,
[01:36:07.000 --> 01:36:10.000]  then who signed it and where is it?
[01:36:10.000 --> 01:36:15.000]  And they didn't get served with it, so it's too bad.
[01:36:15.000 --> 01:36:21.000]  And the hearing is too soon.
[01:36:21.000 --> 01:36:22.000]  The mess.
[01:36:22.000 --> 01:36:26.000]  All right, so now as far as offensive maneuvers,
[01:36:26.000 --> 01:36:31.000]  Eddie, what can these guys be suing for?
[01:36:31.000 --> 01:36:35.000]  Well, again, all kinds of deprivation of rights
[01:36:35.000 --> 01:36:37.000]  under state law and federal law.
[01:36:37.000 --> 01:36:44.000]  Title 42, 1983 suit, civil procedure suit here in Texas.
[01:36:44.000 --> 01:36:46.000]  I mean, there's plenty of case law and the requirements
[01:36:46.000 --> 01:36:48.000]  to take the individual before a magistrate.
[01:36:48.000 --> 01:36:50.000]  That's kidnapping, guys.
[01:36:50.000 --> 01:36:55.000]  Hell, it's aggravated kidnapping, okay?
[01:36:55.000 --> 01:36:58.000]  Yeah, so they would be suing the city
[01:36:58.000 --> 01:37:00.000]  and the officers personally, is that right?
[01:37:00.000 --> 01:37:01.000]  Oh, absolutely.
[01:37:01.000 --> 01:37:05.000]  The city, the officers, and the governor at a minimum.
[01:37:05.000 --> 01:37:08.000]  The governor is the chief executive officer.
[01:37:08.000 --> 01:37:11.000]  He is required to ensure that his executive officers
[01:37:11.000 --> 01:37:14.000]  have proper training in how to deal with the public.
[01:37:14.000 --> 01:37:16.000]  Obviously, these guys don't have it.
[01:37:16.000 --> 01:37:19.000]  Now, this can be a federal lawsuit,
[01:37:19.000 --> 01:37:25.000]  a section 1983 suit under Title 42, deprivation,
[01:37:25.000 --> 01:37:28.000]  a civil action for deprivation of rights.
[01:37:28.000 --> 01:37:30.000]  You can bring this into federal court
[01:37:30.000 --> 01:37:35.000]  and you can also bring up as part of the causes of action,
[01:37:35.000 --> 01:37:37.000]  of the deprivation of rights.
[01:37:37.000 --> 01:37:40.000]  You charge them with Section 242 of Title 18.
[01:37:40.000 --> 01:37:42.000]  It's a crime.
[01:37:42.000 --> 01:37:48.000]  It's a federal crime for a state actor to deprive you of rights.
[01:37:48.000 --> 01:37:53.000]  And so you bring that up in the civil lawsuit as well.
[01:37:53.000 --> 01:37:55.000]  We're going to have to start bringing these people
[01:37:55.000 --> 01:37:58.000]  into the court. It's the only way.
[01:37:58.000 --> 01:38:00.000]  Yeah, for sure.
[01:38:00.000 --> 01:38:02.000]  They need to be held accountable
[01:38:02.000 --> 01:38:05.000]  and they're just going to continue to carry out their abuses.
[01:38:05.000 --> 01:38:07.000]  They act like they're God
[01:38:07.000 --> 01:38:10.000]  and everybody else is sub-humans below them
[01:38:10.000 --> 01:38:12.000]  and they act like that for a reason
[01:38:12.000 --> 01:38:16.000]  because everybody allows them to.
[01:38:16.000 --> 01:38:18.000]  Well, yeah, that's what was happening that night
[01:38:18.000 --> 01:38:20.000]  on 6th Street when John and I were there.
[01:38:20.000 --> 01:38:24.000]  I mean, the officer followed us into the crowd.
[01:38:24.000 --> 01:38:27.000]  He was posing for pictures with girls,
[01:38:27.000 --> 01:38:29.000]  you know, scantily dressed
[01:38:29.000 --> 01:38:32.000]  and then comes over to John, grabs his arm
[01:38:32.000 --> 01:38:34.000]  and barks at John for a while
[01:38:34.000 --> 01:38:36.000]  and then, you know, we go watch them
[01:38:36.000 --> 01:38:39.000]  and see how they handle their arrest of drunk people.
[01:38:39.000 --> 01:38:42.000]  And I mean, the officers, it was like,
[01:38:42.000 --> 01:38:44.000]  we just blew his head and he was just barking,
[01:38:44.000 --> 01:38:46.000]  get behind that pole!
[01:38:46.000 --> 01:38:48.000]  Get behind the pole! Two times!
[01:38:48.000 --> 01:38:50.000]  Get behind that pole! Three times!
[01:38:50.000 --> 01:38:52.000]  Get behind that pole four times!
[01:38:52.000 --> 01:38:55.000]  It was insane. He was just totally ego-tripping.
[01:38:55.000 --> 01:38:58.000]  Crazy. Absolutely insane.
[01:38:58.000 --> 01:39:00.000]  And you have that on video
[01:39:00.000 --> 01:39:03.000]  when the cop grabbed your arm, John?
[01:39:03.000 --> 01:39:07.000]  Yes. Danny and, I'm not sure if Matt was also,
[01:39:07.000 --> 01:39:09.000]  but they were capturing it live streaming
[01:39:09.000 --> 01:39:11.000]  and that video is part of a YouTube video
[01:39:11.000 --> 01:39:15.000]  that was put together by Mike Hansen Archive.
[01:39:15.000 --> 01:39:18.000]  It's on the Textions for Accountable Government YouTube page.
[01:39:18.000 --> 01:39:22.000]  And it's been picked up by Activist Post, DavidIke.com,
[01:39:22.000 --> 01:39:24.000]  Infowars, Randid also,
[01:39:24.000 --> 01:39:26.000]  and it's getting a lot of headway.
[01:39:26.000 --> 01:39:28.000]  And, yeah, we would definitely intend to follow through
[01:39:28.000 --> 01:39:30.000]  on the flip side of a civil suit
[01:39:30.000 --> 01:39:32.000]  because I think it'd be pretty obvious
[01:39:32.000 --> 01:39:34.000]  to get this thing dismissed.
[01:39:34.000 --> 01:39:36.000]  So back to the defensive side,
[01:39:36.000 --> 01:39:38.000]  say the same thing happens,
[01:39:38.000 --> 01:39:40.000]  that always tends to happen in lower courts
[01:39:40.000 --> 01:39:42.000]  and our motions are ignored.
[01:39:42.000 --> 01:39:44.000]  Of course, which gives us even more credence
[01:39:44.000 --> 01:39:46.000]  and more opportunity to have it thrown out.
[01:39:46.000 --> 01:39:49.000]  At this point, what about arguing,
[01:39:49.000 --> 01:39:52.000]  so it gets all the way down to an actual jury trial
[01:39:52.000 --> 01:39:54.000]  and they've ignored all of our motions
[01:39:54.000 --> 01:39:56.000]  all the way through, blatantly ignored the law
[01:39:56.000 --> 01:39:59.000]  as they tend to do, and then we get to a jury trial?
[01:39:59.000 --> 01:40:02.000]  Would arguing the merits of the case
[01:40:02.000 --> 01:40:05.000]  be contrary to the strategy
[01:40:05.000 --> 01:40:08.000]  of refusing to participate all along
[01:40:08.000 --> 01:40:12.000]  because of lack of notice, lack of subject matter jurisdiction
[01:40:12.000 --> 01:40:15.000]  and no indictment, the whole slew of it?
[01:40:15.000 --> 01:40:17.000]  And that, and towards the end,
[01:40:17.000 --> 01:40:19.000]  what's the actual jury trial start?
[01:40:24.000 --> 01:40:26.000]  Eddie?
[01:40:26.000 --> 01:40:28.000]  I'm sorry, was that actually directed at me?
[01:40:28.000 --> 01:40:29.000]  I think so.
[01:40:29.000 --> 01:40:30.000]  Sure.
[01:40:30.000 --> 01:40:31.000]  Yeah.
[01:40:31.000 --> 01:40:32.000]  Okay, I'm sorry.
[01:40:32.000 --> 01:40:34.000]  Summarize that for me one more time then
[01:40:34.000 --> 01:40:36.000]  because that was an awful lot.
[01:40:36.000 --> 01:40:38.000]  All right, so there's a strategy
[01:40:38.000 --> 01:40:40.000]  that you as a spouse,
[01:40:40.000 --> 01:40:42.000]  I'm not trying to put words in your mouth,
[01:40:42.000 --> 01:40:43.000]  but it seems to be,
[01:40:43.000 --> 01:40:46.000]  we're not going to participate with this
[01:40:46.000 --> 01:40:47.000]  the way you guys want us to
[01:40:47.000 --> 01:40:49.000]  because you never lawfully established jurisdiction
[01:40:49.000 --> 01:40:51.000]  and we intend to hold that position
[01:40:51.000 --> 01:40:53.000]  throughout the entire proceeding
[01:40:53.000 --> 01:40:55.000]  from always saying as a special appearance
[01:40:55.000 --> 01:40:57.000]  because they never properly notice you
[01:40:57.000 --> 01:40:59.000]  to never give in a plea
[01:40:59.000 --> 01:41:01.000]  because they never have jurisdiction.
[01:41:01.000 --> 01:41:04.000]  So in many instances, they ignore all,
[01:41:04.000 --> 01:41:06.000]  they ignore a lot of the motions
[01:41:06.000 --> 01:41:07.000]  because they ignore the law,
[01:41:07.000 --> 01:41:09.000]  especially at the lower level courts.
[01:41:09.000 --> 01:41:12.000]  So once it actually reaches the point of trial,
[01:41:12.000 --> 01:41:15.000]  and you go into arguing the merits of the matter,
[01:41:15.000 --> 01:41:18.000]  does that in any way give up the consistency
[01:41:18.000 --> 01:41:20.000]  that you're setting by not participating
[01:41:20.000 --> 01:41:21.000]  in the way that they like?
[01:41:21.000 --> 01:41:22.000]  Yes.
[01:41:22.000 --> 01:41:24.000]  The moment you start going at merits,
[01:41:24.000 --> 01:41:26.000]  you wave special appearance.
[01:41:26.000 --> 01:41:28.000]  The moment you start doing anything,
[01:41:28.000 --> 01:41:30.000]  you've gone to general and waved
[01:41:30.000 --> 01:41:33.000]  impersonal jurisdiction.
[01:41:33.000 --> 01:41:36.000]  The problem here is,
[01:41:36.000 --> 01:41:40.000]  you can't argue merits and win in these courts.
[01:41:40.000 --> 01:41:42.000]  The deck is already stacked against you
[01:41:42.000 --> 01:41:44.000]  when it comes to merits.
[01:41:44.000 --> 01:41:45.000]  Why?
[01:41:45.000 --> 01:41:47.000]  Because these courts operate entirely
[01:41:47.000 --> 01:41:49.000]  upon the proposition that
[01:41:49.000 --> 01:41:52.000]  you are guilty, not innocent.
[01:41:52.000 --> 01:41:54.000]  There is no such thing in these courts
[01:41:54.000 --> 01:41:57.000]  as innocent until proven guilty.
[01:41:57.000 --> 01:42:00.000]  It is exactly the opposite.
[01:42:00.000 --> 01:42:06.000]  Therefore, arguing merits gains you nothing.
[01:42:06.000 --> 01:42:08.000]  Yeah, and preserving that special appearance
[01:42:08.000 --> 01:42:11.000]  is a big deal, and so Eddie's right.
[01:42:11.000 --> 01:42:14.000]  Once you start arguing the merits,
[01:42:14.000 --> 01:42:17.000]  or once you enter a plea voluntarily,
[01:42:17.000 --> 01:42:19.000]  then you've just made a general appearance
[01:42:19.000 --> 01:42:22.000]  and you have waved your objection
[01:42:22.000 --> 01:42:24.000]  to impersonal jurisdiction,
[01:42:24.000 --> 01:42:26.000]  and now all of a sudden you've agreed
[01:42:26.000 --> 01:42:31.000]  that this is a criminal matter.
[01:42:31.000 --> 01:42:33.000]  So maintaining that special appearance
[01:42:33.000 --> 01:42:36.000]  is very, very important.
[01:42:36.000 --> 01:42:37.000]  Sure.
[01:42:37.000 --> 01:42:40.000]  And the only thing you can do, John,
[01:42:40.000 --> 01:42:42.000]  is just like we do in the traffic cases,
[01:42:42.000 --> 01:42:45.000]  is object to anything that's said or done
[01:42:45.000 --> 01:42:49.000]  that gives the impression that you're guilty
[01:42:49.000 --> 01:42:52.000]  of anything associated with the terms and phrases
[01:42:52.000 --> 01:42:56.000]  and things that are certain against you.
[01:42:56.000 --> 01:42:59.000]  Objection assumes facts not in evidence,
[01:42:59.000 --> 01:43:01.000]  not agreed to, requires a legal conclusion
[01:43:01.000 --> 01:43:03.000]  by the fact witness, so on and so forth.
[01:43:03.000 --> 01:43:05.000]  Use it as appropriate.
[01:43:05.000 --> 01:43:07.000]  And don't get on the stand, either,
[01:43:07.000 --> 01:43:09.000]  unless you really feel confident
[01:43:09.000 --> 01:43:11.000]  that you can handle yourself without stumbling
[01:43:11.000 --> 01:43:13.000]  headlong into a commercial agreement
[01:43:13.000 --> 01:43:15.000]  with these people accidentally
[01:43:15.000 --> 01:43:18.000]  or accidentally waving your special appearance,
[01:43:18.000 --> 01:43:21.000]  which is really easy to do when you're on the stand.
[01:43:21.000 --> 01:43:23.000]  You know, under pressure sometimes,
[01:43:23.000 --> 01:43:25.000]  it's really easy to say things that you shouldn't,
[01:43:25.000 --> 01:43:27.000]  and then all of a sudden your objection
[01:43:27.000 --> 01:43:29.000]  to impersonal jurisdiction is gone
[01:43:29.000 --> 01:43:31.000]  or you've unwittingly established
[01:43:31.000 --> 01:43:33.000]  a commercial agreement with these people.
[01:43:33.000 --> 01:43:36.000]  So best thing to do is just stay off the witness stand
[01:43:36.000 --> 01:43:38.000]  unless you're really experienced
[01:43:38.000 --> 01:43:40.000]  and you feel like you understand everything so thoroughly
[01:43:40.000 --> 01:43:42.000]  that you can handle it.
[01:43:42.000 --> 01:43:44.000]  But really, there's no need to get on the stand.
[01:43:44.000 --> 01:43:47.000]  You just cross-examine their witnesses.
[01:43:47.000 --> 01:43:50.000]  All right, we got one more segment, folks.
[01:43:50.000 --> 01:43:52.000]  We're about to wrap up with John and Matt.
[01:43:52.000 --> 01:43:56.000]  So if we've got any callers, 512-646-1984,
[01:43:56.000 --> 01:43:59.000]  we will be right back.
[01:43:59.000 --> 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]  It is 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 --> 01:44:09.000]  Your friends really don't care about your Twitter updates
[01:44:09.000 --> 01:44:10.000]  on what you had for breakfast.
[01:44:10.000 --> 01:44:12.000]  Oh, but I'd love to make the little smiley faces
[01:44:12.000 --> 01:44:13.000]  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 --> 01:44:17.000]  You need to go down to Brave New Books
[01:44:17.000 --> 01:44:19.000]  and learn as much as you can about Ron Paul and his message
[01:44:19.000 --> 01:44:20.000]  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 --> 01:44:25.000]  They also have t-shirts, bumper stickers, and yard signs
[01:44:25.000 --> 01:44:27.000]  so that you can show your support for him
[01:44:27.000 --> 01:44:28.000]  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 --> 01:44:33.000]  No, but they do carry a large selection of survival
[01:44:33.000 --> 01:44:35.000]  and preparedness books to protect your family
[01:44:35.000 --> 01:44:36.000]  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 --> 01:44:41.000]  Yeah, there's even a wilderness survival expert
[01:44:41.000 --> 01:44:43.000]  that teaches classes called Earth Skills School
[01:44:43.000 --> 01:44:45.000]  that you can sign up for on the website
[01:44:45.000 --> 01:44:46.000]  bravenewbookstore.com.
[01:44:46.000 --> 01:44:47.000]  What are you doing?
[01:44:47.000 --> 01:44:49.000]  I'm tweeting all my friends that they should go
[01:44:49.000 --> 01:44:50.000]  to bravenewbookstore.com
[01:44:50.000 --> 01:44:52.000]  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 --> 01:44:58.000]  I even made a smiley face.
[01:44:58.000 --> 01:44:59.000]  Great.
[01:45:28.000 --> 01:45:30.000]  And now you can, too.
[01:45:30.000 --> 01:45:33.000]  Jurisdictionary was created by a licensed attorney
[01:45:33.000 --> 01:45:36.000]  with 22 years of case-winning experience.
[01:45:36.000 --> 01:45:38.000]  Even if you're not in a lawsuit,
[01:45:38.000 --> 01:45:41.000]  you can learn what everyone should understand
[01:45:41.000 --> 01:45:43.000]  about the principles and practices
[01:45:43.000 --> 01:45:45.000]  that control our American courts.
[01:45:45.000 --> 01:45:47.000]  You'll receive our audio classroom,
[01:45:47.000 --> 01:45:50.000]  video seminar, tutorials,
[01:45:50.000 --> 01:45:52.000]  forms for civil cases,
[01:45:52.000 --> 01:45:54.000]  prosay tactics, and much more.
[01:45:54.000 --> 01:45:57.000]  Please visit ruleoflawradio.com
[01:45:57.000 --> 01:45:58.000]  and click on the banner.
[01:45:58.000 --> 01:46:27.000]  Or call toll-free 866-LAW-EZ.
[01:46:28.000 --> 01:46:50.000]  Okay, folks, we are back.
[01:46:50.000 --> 01:46:52.000]  It is Monday, December 5th.
[01:46:52.000 --> 01:46:55.000]  We're watching the sparks fly.
[01:46:55.000 --> 01:46:59.000]  And these guys, these rogues are going to be the ones
[01:46:59.000 --> 01:47:01.000]  that are going to be watching the sparks fly.
[01:47:01.000 --> 01:47:05.000]  Once John and Matt sue them into oblivion
[01:47:05.000 --> 01:47:07.000]  over what happened over the weekend.
[01:47:07.000 --> 01:47:10.000]  So, Eddie, you've got more information
[01:47:10.000 --> 01:47:12.000]  that you came up with on the break.
[01:47:12.000 --> 01:47:16.000]  This court is not a court of record.
[01:47:16.000 --> 01:47:20.000]  Yeah, Tim Ulrich is online talking to me right now.
[01:47:20.000 --> 01:47:25.000]  He is looking through the Austin municipal ordinances
[01:47:25.000 --> 01:47:26.000]  and all that.
[01:47:26.000 --> 01:47:28.000]  And we've come across two major issues here.
[01:47:28.000 --> 01:47:30.000]  The first one is in Chapter 30 of the government code,
[01:47:30.000 --> 01:47:33.000]  which deals with the creation, organization,
[01:47:33.000 --> 01:47:36.000]  and setup of municipal courts of record.
[01:47:36.000 --> 01:47:41.000]  And it says very clearly in 30.Quad03 subsection E,
[01:47:41.000 --> 01:47:45.000]  a municipal court of record may not exist concurrently
[01:47:45.000 --> 01:47:48.000]  with a municipal court that is not a municipal court of record
[01:47:48.000 --> 01:47:51.000]  in the municipality.
[01:47:51.000 --> 01:47:55.000]  So, if Austin has legal municipal courts of record
[01:47:55.000 --> 01:47:58.000]  and this community court is not a court of record,
[01:47:58.000 --> 01:48:02.000]  it's illegal on its face under Chapter 30 of the government code.
[01:48:02.000 --> 01:48:05.000]  However, Tim has gone through the ordinances
[01:48:05.000 --> 01:48:08.000]  and he can't find an ordinance that created
[01:48:08.000 --> 01:48:10.000]  the Austin municipal courts of record.
[01:48:10.000 --> 01:48:14.000]  And it says very clearly in that same section of Chapter 30,
[01:48:14.000 --> 01:48:18.000]  the governing body made by ordinance
[01:48:18.000 --> 01:48:21.000]  create a municipal court of record.
[01:48:21.000 --> 01:48:25.000]  Well, if there's no ordinance, there is no court of record,
[01:48:25.000 --> 01:48:29.000]  which means the city of Austin owes a crap load of refunds
[01:48:29.000 --> 01:48:35.000]  to people they've illegally convicted in these courts.
[01:48:35.000 --> 01:48:39.000]  Because the courts are complete in utter shams.
[01:48:39.000 --> 01:48:41.000]  Like we didn't know that already
[01:48:41.000 --> 01:48:44.000]  just by attaching the word court to them.
[01:48:44.000 --> 01:48:49.000]  But the point being, they're completely illegal on their face.
[01:48:49.000 --> 01:48:51.000]  So, would that mean the downtown Austin community court
[01:48:51.000 --> 01:48:53.000]  shouldn't be a court of record,
[01:48:53.000 --> 01:48:55.000]  nor should the normal municipal court?
[01:48:55.000 --> 01:48:59.000]  Well, unless we can come across an ordinance
[01:48:59.000 --> 01:49:02.000]  that created these municipal courts of record,
[01:49:02.000 --> 01:49:06.000]  then, you know, they could have a problem there.
[01:49:06.000 --> 01:49:09.000]  But the rest of it's very clear.
[01:49:09.000 --> 01:49:12.000]  If there is a municipal court of record,
[01:49:12.000 --> 01:49:16.000]  there cannot be a municipal court of no record.
[01:49:16.000 --> 01:49:23.000]  So, at the least, this other court has to be a court of record,
[01:49:23.000 --> 01:49:25.000]  and even worse than that,
[01:49:25.000 --> 01:49:30.000]  neither one of them could lawfully exist.
[01:49:30.000 --> 01:49:32.000]  This is insane.
[01:49:32.000 --> 01:49:34.000]  And they think that we're not going to find out
[01:49:34.000 --> 01:49:37.000]  about this kind of thing or do anything about it.
[01:49:37.000 --> 01:49:40.000]  All right, listen, go ahead, John.
[01:49:40.000 --> 01:49:43.000]  I was just going to say, we need more people to do things about it.
[01:49:43.000 --> 01:49:45.000]  So, there's a lot of great activism here in Central Texas.
[01:49:45.000 --> 01:49:49.000]  There's also a lot more potential for more activism.
[01:49:49.000 --> 01:49:52.000]  So, you know, it takes a lot to fight it,
[01:49:52.000 --> 01:49:54.000]  and it's a lot of time, and it's, man,
[01:49:54.000 --> 01:49:56.000]  it's such a pain in the butt and a hassle.
[01:49:56.000 --> 01:49:58.000]  But I feel confident if we all help each other
[01:49:58.000 --> 01:50:00.000]  through all of these different things,
[01:50:00.000 --> 01:50:02.000]  and you guys provide a great community resource with all the advice
[01:50:02.000 --> 01:50:04.000]  that you guys give out there,
[01:50:04.000 --> 01:50:07.000]  or all the educational info you guys give out there.
[01:50:07.000 --> 01:50:10.000]  But more people have to fight every single one of these tickets they get,
[01:50:10.000 --> 01:50:12.000]  and it'll have a major impact.
[01:50:12.000 --> 01:50:15.000]  But if it's just a handful of people that are doing it,
[01:50:15.000 --> 01:50:17.000]  then I think it's just going to make it more difficult for that handful.
[01:50:17.000 --> 01:50:20.000]  But if we turn it into five, 10, 15, 20 handfuls,
[01:50:20.000 --> 01:50:22.000]  then before you know it, they're going to think twice
[01:50:22.000 --> 01:50:25.000]  before they enforce some petty BS law,
[01:50:25.000 --> 01:50:28.000]  or before they deny your due process rights.
[01:50:28.000 --> 01:50:31.000]  You know, so, yeah, a lot of people need to start doing it.
[01:50:31.000 --> 01:50:35.000]  It's difficult, but we can help each other out and make it less of a burden.
[01:50:35.000 --> 01:50:37.000]  Yep, that's the whole point.
[01:50:37.000 --> 01:50:39.000]  We want to make a change, and many hands make light work.
[01:50:39.000 --> 01:50:40.000]  You got that right, John.
[01:50:40.000 --> 01:50:41.000]  Yeah, for sure.
[01:50:41.000 --> 01:50:43.000]  Okay, we've got a couple of callers on the line.
[01:50:43.000 --> 01:50:45.000]  We've got Julius in Texas and Bonita.
[01:50:45.000 --> 01:50:47.000]  Let's go to Bonita first.
[01:50:47.000 --> 01:50:48.000]  I know she's a member.
[01:50:48.000 --> 01:50:49.000]  We are changed.
[01:50:49.000 --> 01:50:51.000]  San Antonio, Bonita, thank you for calling in.
[01:50:51.000 --> 01:50:54.000]  What is your question or comment on this issue tonight?
[01:50:54.000 --> 01:50:58.000]  Okay, winner or not, the court is legitimate.
[01:50:58.000 --> 01:51:02.000]  What I want to know is for the person who doesn't understand
[01:51:02.000 --> 01:51:07.000]  obvious technical terms, and starting from the very beginning,
[01:51:07.000 --> 01:51:10.000]  where would you go, or who would you talk to
[01:51:10.000 --> 01:51:13.000]  to find out step by step exactly what you need to say
[01:51:13.000 --> 01:51:16.000]  and exactly what you need to know?
[01:51:16.000 --> 01:51:20.000]  My class is on Sunday at Brave New Books from two to five.
[01:51:20.000 --> 01:51:23.000]  Well, she was in San Antonio.
[01:51:23.000 --> 01:51:26.000]  I'll do about half the people that come to class.
[01:51:26.000 --> 01:51:29.000]  Well, you could start off by reading the law, Bonita.
[01:51:29.000 --> 01:51:32.000]  That's always the best, but a good place to start is you start,
[01:51:32.000 --> 01:51:35.000]  whatever statute you're interested in,
[01:51:35.000 --> 01:51:39.000]  you start off by reading the statute and trying to understand the law,
[01:51:39.000 --> 01:51:42.000]  and especially looking at the definitions page.
[01:51:42.000 --> 01:51:44.000]  Right, but first like procedure,
[01:51:44.000 --> 01:51:48.000]  like knowing what to say during the procedure, like not...
[01:51:48.000 --> 01:51:51.000]  Well, preparing for trial is a big deal.
[01:51:51.000 --> 01:51:53.000]  That's why Eddie has those classes.
[01:51:53.000 --> 01:51:57.000]  But as far as like technically understanding procedures,
[01:51:57.000 --> 01:52:01.000]  you may want to go read the code of criminal procedure
[01:52:01.000 --> 01:52:06.000]  and then read the rules of civil and the rules of criminal procedure
[01:52:06.000 --> 01:52:08.000]  for the state of Texas.
[01:52:08.000 --> 01:52:10.000]  And so that will...
[01:52:10.000 --> 01:52:12.000]  If you just want to understand the terminology,
[01:52:12.000 --> 01:52:14.000]  look in a legal dictionary.
[01:52:14.000 --> 01:52:15.000]  Okay, what about...
[01:52:15.000 --> 01:52:18.000]  Black's law, you know, there's several legal online dictionaries
[01:52:18.000 --> 01:52:20.000]  you can look at as well.
[01:52:20.000 --> 01:52:23.000]  Okay, well, what about preparing your motions?
[01:52:23.000 --> 01:52:25.000]  Where do you go to know how to do that?
[01:52:25.000 --> 01:52:28.000]  Since these guys have to do it, you know, in a day.
[01:52:28.000 --> 01:52:30.000]  Well, Eddie and I are going to help them with that.
[01:52:30.000 --> 01:52:32.000]  But as far as like for other people,
[01:52:32.000 --> 01:52:35.000]  well, when it comes to traffic ticket issues,
[01:52:35.000 --> 01:52:37.000]  anything that's transportation code related,
[01:52:37.000 --> 01:52:40.000]  people can buy Eddie's seminar material,
[01:52:40.000 --> 01:52:43.000]  and that comes with a set of documents to file with the court
[01:52:43.000 --> 01:52:45.000]  when people purchase that.
[01:52:45.000 --> 01:52:49.000]  And if people want to purchase specific documents from Eddie,
[01:52:49.000 --> 01:52:51.000]  they can do that also.
[01:52:51.000 --> 01:52:55.000]  But I mean, learning how to compose your own court documents
[01:52:55.000 --> 01:52:56.000]  takes years.
[01:52:56.000 --> 01:53:01.000]  And so that's why we offer the service of helping people along
[01:53:01.000 --> 01:53:04.000]  and we have a set of stock motions and documents
[01:53:04.000 --> 01:53:07.000]  for people to file the transportation issues specifically.
[01:53:07.000 --> 01:53:11.000]  So it's that brave new books every Sunday from 2 to 5?
[01:53:11.000 --> 01:53:12.000]  Yes.
[01:53:12.000 --> 01:53:13.000]  But that doesn't...
[01:53:13.000 --> 01:53:17.000]  It usually goes to 6 because we deal with specific individual cases
[01:53:17.000 --> 01:53:18.000]  from 5 to 6 to help out.
[01:53:18.000 --> 01:53:22.000]  But his Sunday classes do not include the court documents.
[01:53:22.000 --> 01:53:24.000]  I mean, we've got to put food on the table too.
[01:53:24.000 --> 01:53:28.000]  We can't just spend all of our time researching and helping people
[01:53:28.000 --> 01:53:30.000]  or else we won't be able to pay the electric bill around here.
[01:53:30.000 --> 01:53:35.000]  Okay, so if people want the documents that need to be filed in court,
[01:53:35.000 --> 01:53:39.000]  you have to buy them either by buying the seminar from Eddie,
[01:53:39.000 --> 01:53:42.000]  which comes with a two days worth of audio,
[01:53:42.000 --> 01:53:45.000]  where Eddie and Randy and I were all three of us teaching.
[01:53:45.000 --> 01:53:46.000]  That comes with the documents
[01:53:46.000 --> 01:53:48.000]  or you can buy the documents directly from Eddie.
[01:53:48.000 --> 01:53:49.000]  Okay, Benita?
[01:53:49.000 --> 01:53:51.000]  That sounds like a great investment.
[01:53:51.000 --> 01:53:52.000]  Thank you all so much.
[01:53:52.000 --> 01:53:53.000]  Thank you, Benita.
[01:53:53.000 --> 01:53:55.000]  Yes, and it is expensive people.
[01:53:55.000 --> 01:53:59.000]  Engaging in litigation, engaging these rogues in the court system
[01:53:59.000 --> 01:54:01.000]  is expensive.
[01:54:01.000 --> 01:54:05.000]  Lawyer in, as they say, even as a pro say litigant,
[01:54:05.000 --> 01:54:06.000]  it's not free.
[01:54:06.000 --> 01:54:07.000]  It's not cheap.
[01:54:07.000 --> 01:54:08.000]  It's not easy.
[01:54:08.000 --> 01:54:09.000]  There's no magic bullet.
[01:54:09.000 --> 01:54:11.000]  You have to do a lot of reading.
[01:54:11.000 --> 01:54:12.000]  You have to do a lot of research.
[01:54:12.000 --> 01:54:14.000]  You have to pay people to help you.
[01:54:14.000 --> 01:54:18.000]  And it's like the seminar costs $250.
[01:54:18.000 --> 01:54:22.000]  It's like, folks, if you can't invest $250 to buy Eddie's seminar,
[01:54:22.000 --> 01:54:26.000]  then you don't have the resources or the time or the ability
[01:54:26.000 --> 01:54:28.000]  to fight traffic tickets like this.
[01:54:28.000 --> 01:54:31.000]  If you're going to fight, you have to realize that it is going
[01:54:31.000 --> 01:54:34.000]  to be an investment in time and money.
[01:54:34.000 --> 01:54:35.000]  And if you can't make that investment,
[01:54:35.000 --> 01:54:38.000]  then just pay the tickets and get on with your life.
[01:54:38.000 --> 01:54:43.000]  They want $305 or so for me just to give you the time.
[01:54:43.000 --> 01:54:44.000]  That's ridiculous.
[01:54:44.000 --> 01:54:48.000]  The documents are just to get the court record that the reporter
[01:54:48.000 --> 01:54:51.000]  could assume that our tax dollars would pay for something like that.
[01:54:51.000 --> 01:54:52.000]  Yeah.
[01:54:52.000 --> 01:54:55.000]  Well, you should be able to get the entire record without having
[01:54:55.000 --> 01:54:56.000]  to pay for it.
[01:54:56.000 --> 01:54:57.000]  Sure.
[01:54:57.000 --> 01:54:58.000]  Well, I need to do that.
[01:54:58.000 --> 01:55:01.000]  I mean, you should be able to just go to the court and say,
[01:55:01.000 --> 01:55:03.000]  I want everything that's in my file.
[01:55:03.000 --> 01:55:04.000]  OK.
[01:55:04.000 --> 01:55:05.000]  All right.
[01:55:05.000 --> 01:55:06.000]  Let's go.
[01:55:06.000 --> 01:55:07.000]  Yeah, we've got Tim from Texas.
[01:55:07.000 --> 01:55:08.000]  We're almost at the end of the show.
[01:55:08.000 --> 01:55:09.000]  Tim called in.
[01:55:09.000 --> 01:55:10.000]  He's got something on topic here.
[01:55:10.000 --> 01:55:11.000]  Tim, thanks for calling in.
[01:55:11.000 --> 01:55:12.000]  What do you got for us?
[01:55:12.000 --> 01:55:14.000]  Well, good evening, you guys.
[01:55:14.000 --> 01:55:17.000]  Listen to all this debate about the court of record.
[01:55:17.000 --> 01:55:21.000]  As I understand it, I went through the legislative history on the
[01:55:21.000 --> 01:55:25.000]  Municipal Court of Records Act as well as case law regarding this topic.
[01:55:25.000 --> 01:55:31.000]  And as I understand it, let's say that the municipality creates
[01:55:31.000 --> 01:55:33.000]  court of record by ordinance.
[01:55:33.000 --> 01:55:36.000]  They call it a court of record and they must give it a number
[01:55:36.000 --> 01:55:37.000]  if there's more than one.
[01:55:37.000 --> 01:55:42.000]  Otherwise, it's just like, for example, the municipality out city
[01:55:42.000 --> 01:55:45.000]  Municipal Court of Record or Court of Record numbers 1 through 20
[01:55:45.000 --> 01:55:47.000]  like they do in Houston.
[01:55:47.000 --> 01:55:51.000]  Now, as I understand some party that Eddie and I were talking about
[01:55:51.000 --> 01:55:57.000]  that prohibits the existence of a court of record from also existing
[01:55:57.000 --> 01:55:59.000]  concurrently with a court of no record.
[01:55:59.000 --> 01:56:03.000]  I understand that to mean that let's say court number 17,
[01:56:03.000 --> 01:56:07.000]  this Court of Record number 17 in Houston cannot operate as a court
[01:56:07.000 --> 01:56:11.000]  of no record at night, but yet operate as a court of record during day.
[01:56:11.000 --> 01:56:16.000]  That's my understanding of that whole fiasco about that.
[01:56:16.000 --> 01:56:25.000]  Now, Chapter 29 government code creates municipal courts in every municipality.
[01:56:25.000 --> 01:56:29.000]  And in there, that's not a court of record.
[01:56:29.000 --> 01:56:34.000]  So, any appeals from there are genoval and that's in a nutshell
[01:56:34.000 --> 01:56:38.000]  my understanding of the Municipal Court of Record Act,
[01:56:38.000 --> 01:56:46.000]  which is in Chapter 30 of the government code.
[01:56:46.000 --> 01:56:47.000]  All right.
[01:56:47.000 --> 01:56:51.000]  So, just wanted to share that and then Eddie and I are going back and forth
[01:56:51.000 --> 01:56:56.000]  and I wanted to make sure that we got that down as far as, you know,
[01:56:56.000 --> 01:57:00.000]  before we go off on that one tangent, I think we need to take a look at this
[01:57:00.000 --> 01:57:04.000]  and I'll give the case law to Eddie and we can review that further.
[01:57:04.000 --> 01:57:05.000]  Okay.
[01:57:05.000 --> 01:57:08.000]  Yeah, what I'm getting at on this, however, is this.
[01:57:08.000 --> 01:57:11.000]  Chapter 30 of the government code deals entirely with the creation
[01:57:11.000 --> 01:57:13.000]  of municipal courts of record.
[01:57:13.000 --> 01:57:19.000]  Now, the language there in Section A of 30.Quad03 is permissive.
[01:57:19.000 --> 01:57:23.000]  The governing body made by ordinance create that municipal court of record.
[01:57:23.000 --> 01:57:28.000]  If they do, however, the rest of these rules kick in.
[01:57:28.000 --> 01:57:33.000]  If they create a municipal court of record, then the rest of this automatically comes in.
[01:57:33.000 --> 01:57:37.000]  Subsection E here says as follows, that to give your example,
[01:57:37.000 --> 01:57:42.000]  you gave one court that could not operate as a court of no record at night
[01:57:42.000 --> 01:57:44.000]  and a court of record during the day.
[01:57:44.000 --> 01:57:47.000]  So, you're saying the limitation, if I'm understanding you correctly,
[01:57:47.000 --> 01:57:53.000]  is on the one, on a particular court versus the, there may be several in a city.
[01:57:53.000 --> 01:57:58.000]  However, Subsection E of 30.Quad03 reads,
[01:57:58.000 --> 01:58:03.000]  a municipal court of record may not exist in currently with a municipal court of record
[01:58:03.000 --> 01:58:08.000]  that is not a municipal court of record in the municipality,
[01:58:08.000 --> 01:58:11.000]  meaning in the whole municipality itself.
[01:58:11.000 --> 01:58:15.000]  Well, that's not what the case law said and that's not what this.
[01:58:15.000 --> 01:58:19.000]  Well, of course not. The case law would actually have to disagree with the statute.
[01:58:19.000 --> 01:58:21.000]  I've never seen one that didn't.
[01:58:21.000 --> 01:58:23.000]  But that's not what the legislature said either.
[01:58:23.000 --> 01:58:26.000]  Well, that's why Eddie just read the code.
[01:58:26.000 --> 01:58:28.000]  He just read the statute.
[01:58:28.000 --> 01:58:31.000]  I'll look at the case law and I'll go on a little further next week
[01:58:31.000 --> 01:58:34.000]  maybe after I get done digesting the case law and everything on it.
[01:58:34.000 --> 01:58:36.000]  But folks, thanks so much for calling in.
[01:58:36.000 --> 01:58:39.000]  Thanks for listening. This is Rule of Law Radio.
[01:58:39.000 --> 01:58:42.000]  This has been our Monday Night Traffic Show with Eddie Craig,
[01:58:42.000 --> 01:58:45.000]  Deborah Stevens, Randy Kelton. God bless all of you.
[01:58:45.000 --> 01:58:48.000]  Thanks for listening and we will see you Thursday.
[01:58:48.000 --> 01:58:51.000]  Good night. Good night, folks.
[01:58:51.000 --> 01:58:53.000]  Thanks for joining us, Matt and John.
[01:58:53.000 --> 01:58:55.000]  Thanks for having us, guys. Keep it up.
[01:58:55.000 --> 01:58:58.000]  All right, we'll be back on Thursday, folks.
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