ROL_2012-01-23_16k.timecode

[00:00.000 --> 00:05.000]  This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:11.000]  The EU placed an embargo on Iran's oil exports Monday as well as financial sanctions over
[00:11.000 --> 00:14.000]  Tehran's alleged nuclear weapons program.
[00:14.000 --> 00:18.000]  Iran had earlier warned it would close the Strait of Hormuz through which a fifth of
[00:18.000 --> 00:24.000]  the world's oil is transported daily if the EU imposed an embargo.
[00:24.000 --> 00:29.000]  Five people were killed Monday when government forces and de-factors clashed in Homs, Syria.
[00:29.000 --> 00:34.000]  Sudanese General Mohammed al-Dabi, head of the Arab League Observers in Syria,
[00:34.000 --> 00:38.000]  rejected criticism that his team had failed to stop the killing.
[00:38.000 --> 00:42.000]  Thousands of people have died in the uprising against President Bashar al-Assad.
[00:42.000 --> 00:47.000]  Syria also rejected an Arab League proposal for Assad to step down and for
[00:47.000 --> 00:50.000]  formation of a unity government.
[00:50.000 --> 00:55.000]  A new study in the International Journal of Cancer shows children living near
[00:55.000 --> 00:59.000]  nuclear power plants face excess risk of acute leukemia.
[00:59.000 --> 01:05.000]  The study found childhood leukemia between 2002 and 2007 doubled among children under
[01:05.000 --> 01:09.000]  five living within three miles of nuclear plants.
[01:09.000 --> 01:15.000]  The findings arrived at the same conclusion as a German study in 2008.
[01:15.000 --> 01:19.000]  Radioactive sludge as a treatment plant under construction in Hanford,
[01:19.000 --> 01:23.000]  Washington is so dangerous that a few hours' exposure would be fatal.
[01:23.000 --> 01:28.000]  The plant is being built to deal with 56 million gallons of waste left from 50 years
[01:28.000 --> 01:30.000]  of nuclear weapons production.
[01:30.000 --> 01:34.000]  The cleanup is the most complex and costly environmental restoration ever attempted.
[01:34.000 --> 01:40.000]  A major leak could contaminate water supplies serving millions across the northwest.
[01:40.000 --> 01:45.000]  A recent USA Today investigation found the 10-year effort to build the plant faces
[01:45.000 --> 01:49.000]  enormous problems as it reaches what was supposed to be its final stage.
[01:49.000 --> 01:54.000]  Senior engineers raised concerns of a possible hydrogen explosion or
[01:54.000 --> 01:57.000]  uncontrolled nuclear reaction inside the plant.
[01:57.000 --> 02:03.000]  The $12.3 billion price tag, already triple original estimates, is well short of
[02:03.000 --> 02:07.000]  what it will cost to finish the project and the plant's start-up date already pushed
[02:07.000 --> 02:10.000]  back to 2019 is certain to slip further.
[02:10.000 --> 02:16.000]  The UK Times reported Sunday Israeli officials told Joint Chief of Staff
[02:16.000 --> 02:21.000]  General Martin Dempsey Israel would give Barack Obama no more than 12 hours notice
[02:21.000 --> 02:23.000]  if and when it attacked Iran.
[02:23.000 --> 02:28.000]  The Times said its sources explained Israel fears Obama would try to torpedo
[02:28.000 --> 02:34.000]  an Israeli attack if more notice were given because he's concerned Iran would respond
[02:34.000 --> 02:39.000]  by blocking the Strait of Hormuz sparking a rise in oil prices that could cripple
[02:39.000 --> 02:40.000]  Western economies.
[02:40.000 --> 02:45.000]  General Dempsey played down the postponement of what was built as the largest ever joint
[02:45.000 --> 02:50.000]  military drill between the Israeli and U.S. armies involving thousands of U.S. army
[02:50.000 --> 02:51.000]  soldiers.
[02:51.000 --> 02:55.000]  Official reasons for the delay have ranged from budgetary constraints, logistical
[02:55.000 --> 03:00.000]  problems to a signal from Prime Minister Benjamin Netanyahu that he distrusts Obama's
[03:00.000 --> 03:04.000]  commitment to stop Iran from obtaining a nuclear weapon.
[03:04.000 --> 03:07.000]  More details on this story.
[03:07.000 --> 03:34.000]  You are listening to the Logos Radio Network.
[03:34.000 --> 03:47.000]  All right folks, good evening.
[03:47.000 --> 03:49.000]  This is Rule of Law Radio.
[03:49.000 --> 03:51.000]  This is the Monday Night Traffic Show.
[03:51.000 --> 03:54.000]  It is January 23, 2012.
[03:54.000 --> 03:57.000]  For everybody that's out there listening tonight, hello.
[03:57.000 --> 04:00.000]  Good evening, and I hope everything is going well.
[04:00.000 --> 04:10.000]  Now, for a quick update on upcoming events, here in Austin on February 8, 2012 at 8.20
[04:10.000 --> 04:18.000]  a.m. in courtroom 2A of the Austin Municipal Court, I will be going to trial on a speeding
[04:18.000 --> 04:19.000]  citation.
[04:19.000 --> 04:25.000]  So those folks that are out there listening in Austin, that might be worth attending.
[04:25.000 --> 04:31.000]  We are going to be going head to head with who knows what judge, but we are going to
[04:31.000 --> 04:34.000]  give them hell and what for while I'm in there.
[04:34.000 --> 04:39.000]  There will be some things that have been filed differently in my case than what we're doing
[04:39.000 --> 04:41.000]  currently in other cases.
[04:41.000 --> 04:47.000]  This is a new roadmap that we're trying to set for what to do and how to do it.
[04:47.000 --> 04:52.000]  And I am, of course, once again, the experiment in the case.
[04:52.000 --> 04:58.000]  None of this information will be made available to anyone else until it has been tried and
[04:58.000 --> 05:01.000]  tested in my case going through the court.
[05:01.000 --> 05:07.000]  Now, this is what we're going to expect to happen and what we're already filing paperwork
[05:07.000 --> 05:09.000]  for.
[05:09.000 --> 05:14.000]  The first things that we have filed, there are four primary documents.
[05:14.000 --> 05:18.000]  The first one is a declination to plea.
[05:18.000 --> 05:24.000]  We formally declined to enter a plea because there's nothing to plea to.
[05:24.000 --> 05:27.000]  There is no charging instrument in the file.
[05:27.000 --> 05:32.000]  No one has made an appearance on behalf of the state to submit a primary pleading to
[05:32.000 --> 05:40.000]  the court, which according to 27.01 code of criminal procedure is an indictment or information.
[05:40.000 --> 05:47.000]  We all know the city attorney has no lawful authority to act as an attorney for the state.
[05:47.000 --> 05:54.000]  No matter what the legislature tried to grant him in 45.201 of the code of criminal procedure,
[05:54.000 --> 05:57.000]  they just can't do it.
[05:57.000 --> 06:03.000]  On top of that, another document we filed is a waiver to representation by counsel.
[06:03.000 --> 06:09.000]  We have the right to counsel, even though this is a Class C file only misdemeanor,
[06:09.000 --> 06:18.000]  neither of the statutes in 1.05 as codified from the Texas Constitution in Article 1, Section 10,
[06:18.000 --> 06:26.000]  creates any differentiation between a felony or misdemeanor nor any class thereof.
[06:26.000 --> 06:33.000]  It simply says, in all criminal cases, the accused shall have the right to be heard by themselves,
[06:33.000 --> 06:36.000]  by counsel, or by both.
[06:36.000 --> 06:43.000]  And then that was codified in the 1.05 and 1.051 code of criminal procedure.
[06:43.000 --> 06:51.000]  So the court's coming up with this idiotic, unconstitutional, and unlawful insistence
[06:51.000 --> 06:57.000]  that a Class C file only is not entitled to legal counsel is utter BS.
[06:57.000 --> 07:04.000]  But we're going to go ahead and waive that right simply to get this ball rolling
[07:04.000 --> 07:08.000]  because they've already stuck their whole neck off in a bear trap.
[07:08.000 --> 07:15.000]  Our intention is to walk up, smile real big, distract them just long enough to kick the trigger and slam it shut,
[07:15.000 --> 07:18.000]  preferably with their heads still in it.
[07:18.000 --> 07:22.000]  Now, besides the waiver of representation to counsel,
[07:22.000 --> 07:30.000]  we are also submitting a motion objecting to round robin treatment of the case.
[07:30.000 --> 07:36.000]  What this means is, when you go into these municipal courts such as Austin or Houston or whatever,
[07:36.000 --> 07:42.000]  you may or may not see the same judge consecutively.
[07:42.000 --> 07:46.000]  You may see this judge for this purpose, that judge for that purpose.
[07:46.000 --> 07:57.000]  The law specifically says that the administrative judge must assign each case to a particular judge.
[07:57.000 --> 08:06.000]  That judge is the one responsible for everything in that case, including all orders entered.
[08:06.000 --> 08:11.000]  Here in the Austin Municipal Court, you may never see the same judge twice,
[08:11.000 --> 08:14.000]  no matter how many times you go in there.
[08:14.000 --> 08:19.000]  So we're putting in a motion to object to that treatment of our case.
[08:19.000 --> 08:25.000]  Last but not least, we're putting in a motion of special appearance and dismissal.
[08:25.000 --> 08:31.000]  Now, the issue on the dismissal is, and always has been in these courts,
[08:31.000 --> 08:36.000]  lack of proper, sufficient, timely notice.
[08:36.000 --> 08:42.000]  They never, ever meet notice requirements.
[08:42.000 --> 08:46.000]  Let's go over a few of the ways that they fail to do so.
[08:46.000 --> 08:52.000]  First and foremost, they never serve you with a copy of a charging instrument.
[08:52.000 --> 08:58.000]  Ladies and gentlemen, the citation is not a charging instrument.
[08:58.000 --> 09:05.000]  I don't care what they try to tell you, it flat out is not a charging instrument.
[09:05.000 --> 09:12.000]  It is not sworn to, it does not comply with 45.019 of the Code of Criminal Procedure,
[09:12.000 --> 09:24.000]  and 27.14D cannot waive the constitutional requirement of how a court becomes vested with jurisdiction of a cause.
[09:24.000 --> 09:31.000]  And the citation does not qualify in any way to do any of those things.
[09:31.000 --> 09:40.000]  So nothing the legislature has attempted to do will hold water in the face of constitutional and statutory mandates
[09:40.000 --> 09:47.000]  as to how a court is vested with jurisdiction, what constitutes a proper charging instrument, none of that.
[09:47.000 --> 09:55.000]  The citation is not notice because it is not a charging instrument, okay?
[09:55.000 --> 10:02.000]  A complaint for exactly the same reason is still not a charging instrument.
[10:02.000 --> 10:10.000]  27.01 Code of Criminal Procedure, the primary pleading of the state in a criminal case is an indictment or information.
[10:10.000 --> 10:21.000]  2.05, in all misdemeanor cases, if the county has a criminal district court, an information must be filed, okay?
[10:21.000 --> 10:33.000]  21.02, I believe it is, that says that the requisites of an information are that they must be submitted by the proper officer,
[10:33.000 --> 10:40.000]  there's a list of things, but the two most important is that it's submitted by the proper officer
[10:40.000 --> 10:52.000]  and that it is signed by the county or district attorney official, meaning in their official capacity as a county or district attorney.
[10:52.000 --> 10:59.000]  If that isn't done, it's not an information, therefore it is not a charging instrument.
[10:59.000 --> 11:13.000]  The only exception to that is an indictment which must be signed and submitted from a grand jury and brought down with the signature of the grand jury foreman, okay?
[11:13.000 --> 11:23.000]  Those are the only two proper documents that the Texas Constitution recognizes as charging instruments.
[11:23.000 --> 11:34.000]  Says it right in Article 5, Section 12B, an indictment or information invests the court with jurisdiction of the cause.
[11:34.000 --> 11:40.000]  Now let's look again at how they failed to provide notice in relation to these documents.
[11:40.000 --> 11:51.000]  The Code of Criminal Procedure outlines the process which shows that there are a minimum of four court appearances that are to occur.
[11:51.000 --> 12:00.000]  In each of these, there is a separate level of jurisdiction is the best way to put it.
[12:00.000 --> 12:14.000]  A complaint grants the court with jurisdiction not of the cause, but grants them only with the authority to make a determination of probable cause,
[12:14.000 --> 12:18.000]  not to go to trial and not to hold an arraignment.
[12:18.000 --> 12:34.000]  The complaint only empowers the court with enough jurisdiction to conduct the 15-17 registration and the examining trial that is supposed to follow the registration.
[12:34.000 --> 12:41.000]  Whether it follows it immediately or several days down the road, that doesn't matter.
[12:41.000 --> 12:57.000]  But the requisite under the law is that some competent judge must find a finding of probable cause and he must sign an order stating that such probable cause was found.
[12:57.000 --> 13:07.000]  And he has to do that within 48 hours of the conclusion of the examining trial or the case gets dismissed.
[13:07.000 --> 13:12.000]  Now that's written right in to the Code of Criminal Procedure, okay?
[13:12.000 --> 13:18.000]  So the complaint does not give the court jurisdiction of the cause.
[13:18.000 --> 13:31.000]  It only gives them the ability to determine whether or not there are enough facts and evidence to constitute probable cause that a trial is necessary.
[13:31.000 --> 13:41.000]  Only when that finding has been made is there a need to create a cause number because now there is a cause.
[13:41.000 --> 13:51.000]  A finding of probable cause, meaning probable trial, has been found, okay?
[13:51.000 --> 13:58.000]  Now they have to generate the charging instrument from the complaint.
[13:58.000 --> 14:06.000]  They either need to get an indictment, they need to get an information, and they need to get it submitted where it belongs.
[14:06.000 --> 14:16.000]  Either from the grand jury back down to the court, who then gives it to the proper court having jurisdiction, or it goes to the prosecuting attorney.
[14:16.000 --> 14:21.000]  And I will still argue that there always has to be an indictment.
[14:21.000 --> 14:34.000]  There is no one Section 10 notwithstanding because it's a direct conflict with Article 5, Section 17, which says the grand jury shall check into misdemeanors and hand down indictments therefore.
[14:34.000 --> 14:43.000]  So that being said, I still stand by the fact that they must have an indictment as well as an information.
[14:43.000 --> 14:58.000]  Section 5, Section 17 goes on to say that should the indictment get quashed, that the person may still be held to answer to the information, okay?
[14:58.000 --> 15:03.000]  So that tells me right there that they both had to exist.
[15:03.000 --> 15:13.000]  Now, after that charging instrument has been done, then and only then can they conduct an arraignment.
[15:13.000 --> 15:22.000]  Then and only then after the arraignment is concluded can they set a date for trial.
[15:22.000 --> 15:34.000]  Now, what the process they're currently doing is the court is initiating a cause entirely on its own based on nothing.
[15:34.000 --> 15:45.000]  They are using the citation as if it's a valid instrument to allow the court to create a cause number, an actual trial docket.
[15:45.000 --> 15:47.000]  And it isn't.
[15:47.000 --> 15:51.000]  Nowhere in the law is that allowed.
[15:51.000 --> 16:07.000]  The municipal courts, especially in these larger municipalities and the justice courts for that matter, are completely skipping over the requirements of 1570 and Chapter 16 as if they're irrelevant and don't exist.
[16:07.000 --> 16:12.000]  When in fact they do.
[16:12.000 --> 16:27.000]  But every time they have failed to serve us with a copy of the complaint, a copy of the indictment and a copy of the information, if they even exist.
[16:27.000 --> 16:32.000]  Now, can we show the court is acting under of its own volition in these cases?
[16:32.000 --> 16:34.000]  Absolutely.
[16:34.000 --> 16:49.000]  All we have to do is look at the date the cause number was created in the court's record system and then look at the date the complaint itself was initially generated signed and filed.
[16:49.000 --> 16:55.000]  I guarantee you that date will be much later than the date the cause number was created.
[16:55.000 --> 16:58.000]  Thus showing the court acted of its own volition.
[16:58.000 --> 17:05.000]  All right folks, going to break, we'll be right back.
[17:05.000 --> 17:08.000]  In the 80s, they did it to rig it.
[17:08.000 --> 17:10.000]  A debt ceiling compromise.
[17:10.000 --> 17:16.000]  Democrats promising spending cuts with delivering old tax items.
[17:16.000 --> 17:22.000]  The 90s brought more compromises, more broken promises and more new taxes.
[17:22.000 --> 17:26.000]  This August, the next chapter will be written.
[17:26.000 --> 17:28.000]  We'll find a moment.
[17:28.000 --> 17:30.000]  14 trillion in debt.
[17:30.000 --> 17:33.000]  Basics, unemployment, the dollar in decline.
[17:33.000 --> 17:35.000]  We know where they stand.
[17:35.000 --> 17:39.000]  But will our party's leaders repeat the mistakes of the past?
[17:39.000 --> 17:43.000]  Will they choose compromise or conviction?
[17:43.000 --> 17:46.000]  One candidate has always been true.
[17:46.000 --> 17:51.000]  Ron Paul, cut spending, balance the budget, no deals.
[17:51.000 --> 17:55.000]  Standing up to the Washington machine, guided by principle.
[17:55.000 --> 17:58.000]  Restore America now.
[17:58.000 --> 18:01.000]  I'm Ron Paul and I approve this message.
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[18:52.000 --> 18:59.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[19:02.000 --> 19:22.000]  Alright folks, we are back. This is rule of law radio.
[19:22.000 --> 19:24.000]  John, I see you there on the board.
[19:24.000 --> 19:27.000]  If you give me a few more minutes, there's still a couple other things on this notice issue.
[19:27.000 --> 19:29.000]  I want to go over and then I'll take your call.
[19:29.000 --> 19:37.000]  Folks, if you do want to go ahead and get in line on the caller board, call in number is 512-646-1984.
[19:37.000 --> 19:43.000]  Please go ahead and just start calling in and I will be done here shortly and start taking your calls.
[19:43.000 --> 19:52.000]  Okay, now not only is the court refusing to do the process and serve us properly with these documents,
[19:52.000 --> 19:56.000]  Austin Municipal Court is notorious for this.
[19:56.000 --> 20:10.000]  The city prosecutor will draw up a complaint or the clerk will take your pick and then they will secret that complaint into the record of the court.
[20:10.000 --> 20:21.000]  But at no time do they make any effort to send notice of that complaint and serve a copy of it on the accused.
[20:21.000 --> 20:26.000]  Okay, they never serve us with a copy.
[20:26.000 --> 20:36.000]  On top of that, they never give us proper summons to bring us to court.
[20:36.000 --> 20:44.000]  They send out these idiotic little form letters as if that has some authority in law to compel us to do something.
[20:44.000 --> 21:00.000]  And then they really get stupid and issue a warrant for failure to appear when all they sent you was a clerical form letter that doesn't have any force and effect under the laws of Texas.
[21:00.000 --> 21:09.000]  Well, I guess I should say under the laws of this state, all right, which is not the same as the laws of Texas.
[21:09.000 --> 21:19.000]  We'll get into that at another time, but the thing here is they have to give you notice.
[21:19.000 --> 21:26.000]  Failure to provide notice is a due process require or deprivation.
[21:26.000 --> 21:33.000]  They're stealing your right of due process by not giving you proper timely notice.
[21:33.000 --> 21:41.000]  Okay, whether it's a court appearance date, whether it's the charges against you, so on and so forth.
[21:41.000 --> 21:47.000]  Not to mention the fact the state is standing unrepresented at this point.
[21:47.000 --> 21:51.000]  No one has filed a primary pleading on behalf of the state.
[21:51.000 --> 22:00.000]  And remember, 27.01 Code of Criminal Procedure says a primary pleading in a criminal case is an indictment or information.
[22:00.000 --> 22:05.000]  That is the state's primary pleading.
[22:05.000 --> 22:12.000]  The complaint is not the complaint is what backs up that primary pleading.
[22:12.000 --> 22:20.000]  They can't create the primary pleading until they have a signed and sworn complaint.
[22:20.000 --> 22:28.000]  Then they're required based upon that complaint to generate these other charging instruments.
[22:28.000 --> 22:33.000]  And they're required to provide you with copies of all of them.
[22:33.000 --> 22:42.000]  Now, how has the legislature themselves attempted to deprive us of the right of due process in these cases?
[22:42.000 --> 22:49.000]  Go read 25.04 Code of Criminal Procedure where the legislature attempted to say,
[22:49.000 --> 22:59.000]  is not necessary to provide the accused or the defendant with a copy of the indictment or information prior to trial.
[22:59.000 --> 23:07.000]  Baloney, if we're entitled to notice which we are according to Article 1, Section 10, Texas Constitution,
[23:07.000 --> 23:17.000]  and Article 1, Section 1.04, 1.05, 1.051, and so on and so forth of the Code of Criminal Procedure,
[23:17.000 --> 23:24.000]  then we are definitely entitled to a copy of that as a right of due process.
[23:24.000 --> 23:33.000]  We have a right to know the nature and cause, and we have the right to have a copy of it in writing.
[23:33.000 --> 23:40.000]  So for the legislature to attempt to say through 24.05, I don't worry about giving it to them.
[23:40.000 --> 23:50.000]  If they ask for it, fine, otherwise don't bother. That is a denial of timely, proper notice.
[23:50.000 --> 23:57.000]  Therefore, 25.04 is absolutely repugnant to our right of due process.
[23:57.000 --> 24:06.000]  It also violates the requirements of 45.018 and the other provisions under the Code of Criminal Procedure dealing with indictments
[24:06.000 --> 24:13.000]  where we, or information, where we have the right to view the complaint no later than one day prior to any proceeding
[24:13.000 --> 24:16.000]  under the prosecution of that complaint.
[24:16.000 --> 24:23.000]  Not only that, we have one day prior to the trial on the marriage to say the complaint is invalid for former substance,
[24:23.000 --> 24:30.000]  and we have the exact same rights regarding the indictments and information.
[24:30.000 --> 24:37.000]  How can we object to their former content if we're being denied access to a copy of them?
[24:37.000 --> 24:47.000]  By denying us access to that copy, they're denying us our ability to object to their form and substance because we've never seen them.
[24:47.000 --> 24:58.000]  So there's no way for us to object to them within the time constraints provided because we're never allowed to have them.
[24:58.000 --> 25:07.000]  It is straight up complete theft of our due process rights, and I for one am not going to let them get away with it.
[25:07.000 --> 25:10.000]  I'm going to call them on it every step of the way.
[25:10.000 --> 25:16.000]  That's one of the things, just one of the things this special appearance motion brings out.
[25:16.000 --> 25:24.000]  It beats in and beats in the subject of failure to provide proper, sufficient, and timely notice.
[25:24.000 --> 25:33.000]  It also goes into, in small detail, but enough to bring it up and record and preserve the objection,
[25:33.000 --> 25:38.000]  that the municipal court in Austin is acting illegally as a court of record.
[25:38.000 --> 25:42.000]  When by law, it is not a court of record.
[25:42.000 --> 25:48.000]  So we're going to have documentation filed before this is all said and done in that respect.
[25:48.000 --> 25:55.000]  They're acting illegally as a court of record, and it directly violates Chapter 30 of the government code.
[25:55.000 --> 25:57.000]  Okay?
[25:57.000 --> 25:59.000]  We've gone through the city ordinances.
[25:59.000 --> 26:11.000]  There is no city ordinance creating the Austin Municipal Court or the Downtown Community Court as courts of record.
[26:11.000 --> 26:20.000]  And if they did, then they still did not follow the provisions of Chapter 30, where they had two options,
[26:20.000 --> 26:24.000]  at least until they created the Downtown Community Court.
[26:24.000 --> 26:33.000]  When there was just the Austin Municipal Court, according to statute, the court had to be named in the following way.
[26:33.000 --> 26:43.000]  The municipal court of record in the city of Austin, if it is what they call a group court.
[26:43.000 --> 26:44.000]  It's all in the same building.
[26:44.000 --> 26:50.000]  It's just got multiple courtrooms and multiple magistrates, but it's all a unified court.
[26:50.000 --> 26:57.000]  Well, the moment they created the Downtown Community Court, it's no longer a unified court.
[26:57.000 --> 27:01.000]  They're now two separate and distinct municipal courts.
[27:01.000 --> 27:06.000]  And Chapter 30 describes what has to happen if that's the case.
[27:06.000 --> 27:16.000]  Now, the name must be by law, municipal court of record number one, municipal court of record number two,
[27:16.000 --> 27:22.000]  not Austin Municipal Court and not Downtown Community Court.
[27:22.000 --> 27:30.000]  Neither of those complies with the requirements of state law under Chapter 30 of the government code.
[27:30.000 --> 27:36.000]  The ordinance does not specifically create the court as a court of record.
[27:36.000 --> 27:42.000]  Instead, what the idiotic commission members tried to do was to create the courts,
[27:42.000 --> 27:48.000]  and then they created a blanket section called jurisdiction.
[27:48.000 --> 27:57.000]  And when you read it, it says they have all the jurisdiction of the courts of record as codified in Chapter 30 government code.
[27:57.000 --> 27:59.000]  Well, slight problem.
[27:59.000 --> 28:07.000]  They may have the same jurisdiction, but they're still not a freaking court of record.
[28:07.000 --> 28:11.000]  They weren't created by ordinance as courts of record.
[28:11.000 --> 28:16.000]  So their jurisdiction is irrelevant.
[28:16.000 --> 28:23.000]  They can't hear any case that a municipal court's not allowed to hear by law no matter what you call them.
[28:23.000 --> 28:33.000]  They're still a municipal court, and their limitation is set by law as to what type of case they can adjudicate, period.
[28:33.000 --> 28:41.000]  But the fact is, because they created them and try to insist that their courts of record,
[28:41.000 --> 28:46.000]  if that's the case, they are subject to the provisions of Chapter 30.
[28:46.000 --> 28:52.000]  But let's tell you just exactly how stupid these people actually are.
[28:52.000 --> 28:56.000]  They lie to your face about it being a court of record.
[28:56.000 --> 29:08.000]  Thus, they force you to pay for a transcript that is not a valid official record because the court is not a valid court of record.
[29:08.000 --> 29:20.000]  So you pay for a transcript that you don't have to have because you are entitled to a trial de novo if the court is a court of no record.
[29:20.000 --> 29:27.000]  And if it's not a legal court of record, then it must be a court of no record.
[29:27.000 --> 29:33.000]  So you're entitled to a trial de novo, which means you don't need a transcript from the trial court.
[29:33.000 --> 29:39.000]  You just start over in the appellate level court of the county court.
[29:39.000 --> 29:42.000]  But again, they seem to ignore that little fact.
[29:42.000 --> 29:49.000]  So the city steals money on these transcripts, and you can't even use them.
[29:49.000 --> 29:52.000]  All right, we're going to take another break. This is rule of law radio.
[29:52.000 --> 29:55.000]  Call in number is 512-646-1984.
[29:55.000 --> 29:57.000]  I want to finish up on the other side.
[29:57.000 --> 30:01.000]  John, I'll take your call at the end of the next section.
[30:01.000 --> 30:08.000]  A noble lie. Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[30:08.000 --> 30:12.000]  Based on the damage pattern to the building, but the government sends impossible.
[30:12.000 --> 30:15.000]  The grand jury did not want to hear anything I had to say.
[30:15.000 --> 30:18.000]  The decision was made not to pursue any more of those individuals.
[30:18.000 --> 30:23.000]  Some of these columns were ripped up, shredded, tossed around.
[30:23.000 --> 30:27.000]  The people that did the things they did knew doggone well what they were doing.
[30:27.000 --> 30:31.000]  Expose the cover up now at InnobleLie.com.
[30:36.000 --> 30:42.000]  The government wants to be able to secretly attach JPS to anyone's car and track them without a warrant.
[30:42.000 --> 30:49.000]  Should the Supreme Court cry foul? I've got your Catherine Albrecht back with a story that could soon affect us all in a moment.
[31:12.000 --> 31:16.000]  Should the feds be allowed to secretly monitor citizens' vehicles without a warrant?
[31:16.000 --> 31:22.000]  That's the question in United States v. Jones, a watershed U.S. Supreme Court case.
[31:22.000 --> 31:26.000]  It involves a man named Antoine Jones suspected of cocaine trafficking.
[31:26.000 --> 31:32.000]  FBI agents secretly planted a GPS tracker on his jeep, then tracked Jones for over a month.
[31:32.000 --> 31:37.000]  Trouble is, they never bothered to get a court order, which is unconscionable.
[31:37.000 --> 31:42.000]  The Supreme Court ruling is expected by this summer, but if the court doesn't stomp on the FBI for this,
[31:42.000 --> 31:47.000]  we can expect the FBI to stomp on the Constitution even further.
[31:47.000 --> 31:52.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:52.000 --> 31:57.000]  Yeah, I got the warrant, and I'm going to solve that.
[31:57.000 --> 32:02.000]  To the head of government, prosecute them.
[32:02.000 --> 32:03.000]  Okay.
[32:03.000 --> 32:07.000]  Hi, folks. We are back. This is Rule of Law Radio.
[32:07.000 --> 32:09.000]  Calling number is five.
[32:09.000 --> 32:13.000]  I'm Dr. Albrecht, the head of the Supreme Court.
[32:13.000 --> 32:16.000]  I'm Dr. Albrecht, the head of the Supreme Court.
[32:16.000 --> 32:24.000]  Okay, hi, folks. We are back. This is Rule of Law Radio. Calling number is 512-646-1984.
[32:24.000 --> 32:28.000]  John, hang on just a few more minutes, and I'll get your call, bud.
[32:28.000 --> 32:35.000]  Okay, now, so they're operating illegally as a court of record.
[32:35.000 --> 32:43.000]  They are stealing money for transcripts from a court reporter that actually works for the city.
[32:43.000 --> 32:51.000]  So why are we paying a separate fee for this transcript, as if this is an independent court reporter?
[32:51.000 --> 32:54.000]  Because she's not.
[32:54.000 --> 33:02.000]  Then on top of that, the appellate court is the county court at law from a court of record in Austin.
[33:02.000 --> 33:08.000]  But if it's a trial de novo, the county court at law is not going to be the appellate court.
[33:08.000 --> 33:12.000]  The county court is.
[33:12.000 --> 33:19.000]  So they're stealing money. They're giving you a false record because it's not a valid court of record.
[33:19.000 --> 33:28.000]  They're then sending you on an actual appeal, which means you're only appealing errors in the record,
[33:28.000 --> 33:35.000]  which you forgot to preserve, no problem. They'll railroad you right through again.
[33:35.000 --> 33:42.000]  Whereas in the trial de novo, you start completely over, it is on an official record,
[33:42.000 --> 33:45.000]  and you get to follow this process from beginning to end,
[33:45.000 --> 33:51.000]  and hopefully you'll be able to get the judge there to do his job properly.
[33:51.000 --> 33:58.000]  But no matter how you slice this, notice, notice, notice.
[33:58.000 --> 34:03.000]  They never file a pleading. They never tell you who gets served,
[34:03.000 --> 34:08.000]  who is coming against you, what the nature of the charges are, anything else.
[34:08.000 --> 34:17.000]  They can't serve you with a copy of the complaint in the courtroom and call that timely and sufficient.
[34:17.000 --> 34:21.000]  That right there in and of itself is a complete denial of due process.
[34:21.000 --> 34:29.000]  Imagine a cop walks up, seizes you, says you're under arrest, hauls you immediately in front of a judge.
[34:29.000 --> 34:34.000]  The judge says you're charged with murder. How do you plead?
[34:34.000 --> 34:37.000]  You're sitting there going murder, what the hell are you talking about?
[34:37.000 --> 34:42.000]  How do you plead? Well, not guilty. Great. Have a seat. We're about to conduct your trial.
[34:42.000 --> 34:46.000]  Yeah, that's real good notice.
[34:46.000 --> 34:51.000]  Okay, that's exactly why they can't do that.
[34:51.000 --> 34:55.000]  That's exactly why serving you with a copy of the complaint
[34:55.000 --> 35:01.000]  or any proper charging instrument that the complaint has to precede
[35:01.000 --> 35:07.000]  on the day of appearance in court is not sufficient and timely.
[35:07.000 --> 35:14.000]  It is a denial of due process and we need to be harping on that in every single case
[35:14.000 --> 35:21.000]  over and over and over again, nonstop.
[35:21.000 --> 35:26.000]  Okay, caller board is about to start filling up here. We have John Patrick and Sarah.
[35:26.000 --> 35:30.000]  We're going to go ahead and start with John. Ian and John, sorry for the wait.
[35:30.000 --> 35:32.000]  What can I do for you?
[35:32.000 --> 35:36.000]  Yeah, I've got a lot of topics. Do you have time or do you just want me to pick the most important?
[35:36.000 --> 35:39.000]  Well, let's start and see what we have.
[35:39.000 --> 35:44.000]  Okay, well basically this goes along the lines of what you've just been talking about
[35:44.000 --> 35:49.000]  and I was trying to figure out some ways to try and end this.
[35:49.000 --> 35:53.000]  Basically, I called you a few weeks ago to let you know I was arrested
[35:53.000 --> 36:00.000]  in the library based on hearsay some people gave to police officers
[36:00.000 --> 36:07.000]  and I was also arrested in the middle of talking to an attorney who happened to be sitting next to me.
[36:07.000 --> 36:13.000]  So my argument was that I was unlawfully arrested and so forth
[36:13.000 --> 36:19.000]  and they did the same thing what you were just talking about.
[36:19.000 --> 36:22.000]  What did they arrest you for?
[36:22.000 --> 36:28.000]  They arrested me saying that I was stalking somebody and I didn't even know this person.
[36:28.000 --> 36:30.000]  Did they have a warrant?
[36:30.000 --> 36:33.000]  No, they didn't have a warrant. They didn't have anything.
[36:33.000 --> 36:38.000]  All they had was just hearsay testimony that someone called the police and said,
[36:38.000 --> 36:43.000]  oh, this person is stalking so and so and then based on that they came into the library
[36:43.000 --> 36:47.000]  and they tried to get me to go out to the library with them.
[36:47.000 --> 36:52.000]  I said, you know, I'm not doing any of that and then I tried to gather witnesses,
[36:52.000 --> 36:58.000]  like take their names and one person sitting next to me said, you know, she was an attorney
[36:58.000 --> 37:02.000]  so I started speaking with her and I was just like, ma'am, can you be a witness?
[37:02.000 --> 37:05.000]  And then in the middle of that they arrested me while I was talking to this attorney
[37:05.000 --> 37:10.000]  and the police officers knew that she was an attorney.
[37:10.000 --> 37:18.000]  So, you know, I was taken to jail and then released and then they went to the grand jury
[37:18.000 --> 37:23.000]  and they had me indicted but it was just along the lines of what you were talking about.
[37:23.000 --> 37:25.000]  They never sent me a complaint.
[37:25.000 --> 37:29.000]  You know, I mean, I didn't have any notice or anything like that
[37:29.000 --> 37:38.000]  but they just hold this arraignment without you having any information on the nature of the causes
[37:38.000 --> 37:41.000]  or who's making the complaint or anything like that.
[37:41.000 --> 37:48.000]  So basically when the arraignment showed up I just stood behind the bar and I said,
[37:48.000 --> 37:55.000]  I'm maintaining all my common law rights and, you know, I basically asked the commissioner
[37:55.000 --> 38:00.000]  a copy of the loyal PO's and he didn't have it and I said, well, I'm not going to enter a plea
[38:00.000 --> 38:05.000]  because you're proceeding unlawfully and I declared myself free to go and I walked out
[38:05.000 --> 38:09.000]  and then they, because of that they issued the arrest warrant so...
[38:09.000 --> 38:11.000]  Based on what?
[38:11.000 --> 38:14.000]  They said failure to appear.
[38:14.000 --> 38:18.000]  Okay, then you need to be filing charges against that judge and bar grieving
[38:18.000 --> 38:23.000]  if he's got a bar card and judicially conduct complaining.
[38:23.000 --> 38:26.000]  Yeah, I did the judicial conduct and...
[38:26.000 --> 38:29.000]  Now you said commissioner.
[38:29.000 --> 38:30.000]  What's that?
[38:30.000 --> 38:33.000]  You said commissioner, not judge.
[38:33.000 --> 38:35.000]  Yeah, I did both.
[38:35.000 --> 38:44.000]  The state of Arizona has a judicial conduct commission and I filed a complaint against both the overseeing judge
[38:44.000 --> 38:50.000]  and the commissioner and of course they just kicked it out, you know, they said...
[38:50.000 --> 38:54.000]  So did you file your criminal complaints with against the cops and the judge?
[38:54.000 --> 38:57.000]  Well, that's what I'm afraid of is I've talked to a few people about this.
[38:57.000 --> 39:02.000]  In order to do that though, if I show up, if I try to show up before a grand jury
[39:02.000 --> 39:06.000]  or if I go to a U.S. district attorney or something like that, I'd be arrested
[39:06.000 --> 39:11.000]  because I have this arrest warrant, how it against me.
[39:11.000 --> 39:13.000]  You see what I'm saying?
[39:13.000 --> 39:21.000]  Some people were mentioning trying to do a constructive custody habeas corpus
[39:21.000 --> 39:27.000]  or trying to do a quo-warento or a quorum noblit.
[39:27.000 --> 39:28.000]  Quo-warento.
[39:28.000 --> 39:30.000]  Quo-warento, right.
[39:30.000 --> 39:38.000]  We're just trying to figure out how to get this out because basically I was unlawfully arrested
[39:38.000 --> 39:40.000]  and then they violated me.
[39:40.000 --> 39:42.000]  Do you have an attorney?
[39:42.000 --> 39:43.000]  No, I don't.
[39:43.000 --> 39:47.000]  I'm doing my own representation.
[39:47.000 --> 39:50.000]  Well, at this point I'd say you're not.
[39:50.000 --> 39:54.000]  Hiding in somebody's closet is not representing anything.
[39:54.000 --> 39:55.000]  Okay.
[39:55.000 --> 39:58.000]  How are you going to conduct this business and get this handled
[39:58.000 --> 40:02.000]  if you're not going to show your face and deal with it?
[40:02.000 --> 40:04.000]  Okay, well, what would you advise?
[40:04.000 --> 40:07.000]  What level of charge is this against you?
[40:07.000 --> 40:10.000]  It's, uh, Johnny.
[40:10.000 --> 40:13.000]  And you want to do it without a lawyer?
[40:13.000 --> 40:14.000]  Yes.
[40:14.000 --> 40:16.000]  Good luck.
[40:16.000 --> 40:24.000]  Okay, but the present being is if you're having your rights violated,
[40:24.000 --> 40:31.000]  can I file something in the U.S. District Court and ask for an injunction against the county stating that?
[40:31.000 --> 40:33.000]  You can try anything.
[40:33.000 --> 40:36.000]  Whether or not it works, that's a whole other story.
[40:36.000 --> 40:37.000]  Okay.
[40:37.000 --> 40:41.000]  What you need to do is file charges with the Department of Justice
[40:41.000 --> 40:44.000]  against the cops and against the judge.
[40:44.000 --> 40:47.000]  Okay.
[40:47.000 --> 40:48.000]  Okay?
[40:48.000 --> 40:49.000]  All right.
[40:49.000 --> 40:52.000]  They have a website for specifically that purpose.
[40:52.000 --> 40:54.000]  Okay.
[40:54.000 --> 41:02.000]  Um, and, uh, would I do it in a form of like an actual criminal complaint?
[41:02.000 --> 41:05.000]  They have everything on there to fill out.
[41:05.000 --> 41:09.000]  Okay.
[41:09.000 --> 41:12.000]  And, um, like you were talking about earlier,
[41:12.000 --> 41:19.000]  won't the U.S. District Attorney just stick up for these guys and kick out my complaint or anything like that?
[41:19.000 --> 41:23.000]  Well, I don't know who the District Attorney is that will get it.
[41:23.000 --> 41:25.000]  I don't know that answer.
[41:25.000 --> 41:26.000]  Okay.
[41:26.000 --> 41:31.000]  You're asking me to gaze into the crystal ball and I've never been very good with one.
[41:31.000 --> 41:32.000]  Right.
[41:32.000 --> 41:39.000]  And just based on your feeling, I mean, I'm just kind of thinking that they'll just ignore it.
[41:39.000 --> 41:41.000]  Well, I can tell you this.
[41:41.000 --> 41:45.000]  If you never file it, you'll never find out if they did or would.
[41:45.000 --> 41:48.000]  Okay.
[41:48.000 --> 41:49.000]  Okay.
[41:49.000 --> 41:51.000]  And, um, let me see.
[41:51.000 --> 41:52.000]  Another question.
[41:52.000 --> 41:55.000]  Like, can we go back to those documents I was talking about?
[41:55.000 --> 41:57.000]  The Quo Waranto.
[41:57.000 --> 42:00.000]  What is that?
[42:00.000 --> 42:03.000]  That's something that's going to help you in this.
[42:03.000 --> 42:05.000]  Okay.
[42:05.000 --> 42:14.000]  Uh, the habeas corpus is only going to work if you've already been incarcerated or in some way bound,
[42:14.000 --> 42:23.000]  like you're out on a bond that was not properly set or not done in accordance with law and so on and so forth.
[42:23.000 --> 42:30.000]  The habeas has very specific uses.
[42:30.000 --> 42:33.000]  Right now, it doesn't apply to you.
[42:33.000 --> 42:36.000]  You're not under any bound anything.
[42:36.000 --> 42:39.000]  Wouldn't it arrest warrant be a binding?
[42:39.000 --> 42:40.000]  No.
[42:40.000 --> 42:41.000]  Okay.
[42:41.000 --> 42:45.000]  Not until it's executed and they've got their hands on you.
[42:45.000 --> 42:46.000]  Okay.
[42:46.000 --> 42:53.000]  What was a, what was a quorum novus?
[42:53.000 --> 42:54.000]  Quorum novus?
[42:54.000 --> 42:56.000]  Yeah.
[42:56.000 --> 43:01.000]  Again, not something that I see as being of any use to you at this moment.
[43:01.000 --> 43:03.000]  Okay.
[43:03.000 --> 43:08.000]  But you can look up what all of these things you're asking about are in any good legal dictionary.
[43:08.000 --> 43:11.000]  Okay.
[43:11.000 --> 43:18.000]  Real quick, talking about the habeas corpus on your web, on this website, Juris in Preudence.
[43:18.000 --> 43:20.000]  Yeah.
[43:20.000 --> 43:23.000]  You have a writ of habeas corpus, a brief one.
[43:23.000 --> 43:24.000]  Randy does.
[43:24.000 --> 43:27.000]  That's Randy Kelton's writ of habeas corpus.
[43:27.000 --> 43:28.000]  Okay.
[43:28.000 --> 43:35.000]  Well, I tried clicking on it and it has, it doesn't seem to pop anything up.
[43:35.000 --> 43:36.000]  Okay.
[43:36.000 --> 43:40.000]  Well, that's outside of my area of anything.
[43:40.000 --> 43:42.000]  Randy's website and Randy's documents.
[43:42.000 --> 43:45.000]  I don't, I personally don't have anything to do with those.
[43:45.000 --> 43:50.000]  Try sending an email to Randy at Rule of Law Radio and ask them to check that link or
[43:50.000 --> 43:52.000]  email you a copy of the habeas.
[43:52.000 --> 43:53.000]  Okay.
[43:53.000 --> 43:54.000]  Thank you.
[43:54.000 --> 43:55.000]  All right.
[43:55.000 --> 43:56.000]  All right.
[43:56.000 --> 43:57.000]  Hang on just a second.
[43:57.000 --> 43:58.000]  Is that all?
[43:58.000 --> 43:59.000]  No, I got a few more.
[43:59.000 --> 44:00.000]  All right.
[44:00.000 --> 44:01.000]  Hang on.
[44:01.000 --> 44:02.000]  We'll be right back first.
[44:02.000 --> 44:04.000]  Are you the plaintiff or defendant in a lawsuit?
[44:04.000 --> 44:11.000]  When your case without an attorney with jurisdictionary, the affordable, easy to understand four CD
[44:11.000 --> 44:15.000]  course that will show you how in 24 hours, step by step.
[44:15.000 --> 44:19.000]  If you have a lawyer, know what your lawyer should be doing.
[44:19.000 --> 44:23.000]  If you don't have a lawyer, know what you should do for yourself.
[44:23.000 --> 44:28.000]  Thousands have won with our step by step course and now you can too.
[44:28.000 --> 44:35.000]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:35.000 --> 44:40.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:40.000 --> 44:44.000]  principles and practices that control our American courts.
[44:44.000 --> 44:50.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:50.000 --> 45:00.000]  prosa tactics, and much more.
[45:00.000 --> 45:07.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:07.000 --> 45:11.000]  The Oklahoma City bombing, top 10 reasons to question the official story.
[45:11.000 --> 45:15.000]  Reason number one, John Doe number two, and other accomplices.
[45:15.000 --> 45:20.000]  Report that he was accompanied by other perpetrators.
[45:20.000 --> 45:24.000]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the right of truck bomb to the Murrah
[45:24.000 --> 45:26.000]  building and detonated it.
[45:26.000 --> 45:30.000]  The only witness the government produced to place McVeigh at the building that morning,
[45:30.000 --> 45:35.000]  Dana Bradley, who lost her children in one of her legs in the bombing, testified that she saw
[45:35.000 --> 45:40.000]  McVeigh with another man, the fabled John Doe number two, exiting the right of truck.
[45:40.000 --> 45:44.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the
[45:44.000 --> 45:50.000]  day of the bombing, no less than 226 witnesses placed him with other men in the days before
[45:50.000 --> 45:55.000]  the bombing, including when he rented the right of truck, and in some cases have positively
[45:55.000 --> 45:58.000]  identified the other perpetrators.
[45:58.000 --> 46:18.000]  For more information, please visit okcbombingtruth.com.
[46:18.000 --> 46:20.000]  Alright folks, we are back.
[46:20.000 --> 46:22.000]  This is Rule of Law Radio.
[46:22.000 --> 46:27.000]  The call in number is 512-646-1984.
[46:27.000 --> 46:29.000]  We got a question query or quandary.
[46:29.000 --> 46:31.000]  Now is the time to get online.
[46:31.000 --> 46:37.000]  We will be here for at least another hour and 15 minutes, barring electrical outages,
[46:37.000 --> 46:40.000]  atomic blasts, or EMP strikes.
[46:40.000 --> 46:44.000]  Right now we're going to go to Patrick in Texas.
[46:44.000 --> 46:46.000]  Even Patrick, what can we do for you?
[46:46.000 --> 46:49.000]  Good evening.
[46:49.000 --> 46:54.000]  So with my case, I called earlier, but I'll just recap it real quick.
[46:54.000 --> 47:04.000]  I had a citation with two violations on it, and I did my initial appearance today, but
[47:04.000 --> 47:10.000]  prior to my initial appearance, I filed, well I did a demand for public records, and they
[47:10.000 --> 47:15.000]  gave me what they had on file, and said that they would provide notice to the prosecutor
[47:15.000 --> 47:17.000]  that I demanded the records.
[47:17.000 --> 47:22.000]  Haven't seen anything from the prosecution, and it's been about a week after that.
[47:22.000 --> 47:31.000]  I filed an affidavit that was not in transportation, and I motioned to dismiss for in-person jurisdiction.
[47:31.000 --> 47:33.000]  In person.
[47:33.000 --> 47:34.000]  In person.
[47:34.000 --> 47:39.000]  I haven't heard it pronounced lately.
[47:39.000 --> 47:40.000]  So I filed those.
[47:40.000 --> 47:43.000]  I did it late on Friday, and then my appearance was today.
[47:43.000 --> 47:47.000]  And so this morning I was sitting there waiting for my name to be called, and I noticed the
[47:47.000 --> 47:56.000]  judge looking over the motions in the affidavits, and then he called me up and read the citation
[47:56.000 --> 48:04.000]  and asked if I understood the charges, and then he said you can enter a plea of not guilty,
[48:04.000 --> 48:11.000]  guilty, no contest, and he said, how do you plea, and I said no plea, and he immediately
[48:11.000 --> 48:15.000]  entered a plea for me.
[48:15.000 --> 48:18.000]  Did they provide you with a copy of the charging instrument?
[48:18.000 --> 48:19.000]  No.
[48:19.000 --> 48:20.000]  Okay.
[48:20.000 --> 48:24.000]  Then, again, is there one in the record?
[48:24.000 --> 48:25.000]  There's none.
[48:25.000 --> 48:26.000]  None of that.
[48:26.000 --> 48:30.000]  Then what is this judge entering a plea to and writing an order on?
[48:30.000 --> 48:33.000]  He's acting completely without jurisdiction here.
[48:33.000 --> 48:34.000]  Exactly.
[48:34.000 --> 48:35.000]  Okay.
[48:35.000 --> 48:37.000]  So, judicially conduct complaining.
[48:37.000 --> 48:40.000]  If he's also a lawyer, bar grieving.
[48:40.000 --> 48:44.000]  Do the exact same thing to the prosecuting attorney?
[48:44.000 --> 48:45.000]  Yep.
[48:45.000 --> 48:48.000]  That's my next step.
[48:48.000 --> 48:55.000]  Now, when you do that, that's going to disqualify him, and actually what's going to do is recuse
[48:55.000 --> 48:56.000]  them.
[48:56.000 --> 49:00.000]  At least the judge, anyhow.
[49:00.000 --> 49:05.000]  So they probably shifted over to the, there's another judge here in Round Rock.
[49:05.000 --> 49:06.000]  That's fine.
[49:06.000 --> 49:09.000]  That judge has exactly the same problem.
[49:09.000 --> 49:12.000]  You were not given proper notice.
[49:12.000 --> 49:19.000]  You were never served prior to appearing in the court.
[49:19.000 --> 49:23.000]  They cannot unring that bell.
[49:23.000 --> 49:31.000]  45.018 entitled you by right to a copy of that written complaint.
[49:31.000 --> 49:34.000]  It's not even been filed.
[49:34.000 --> 49:39.000]  If it hasn't been filed, what the hell is the court acting with?
[49:39.000 --> 49:46.000]  It has zero jurisdiction till it's vested with jurisdiction by the filing of a charging
[49:46.000 --> 49:47.000]  instrument.
[49:47.000 --> 49:50.000]  That has not been done.
[49:50.000 --> 49:53.000]  Correct.
[49:53.000 --> 49:56.000]  Okay.
[49:56.000 --> 50:03.000]  And when they, when he passed me over to the clerk next to him, he, there's a document
[50:03.000 --> 50:04.000]  that they gave me.
[50:04.000 --> 50:08.000]  It was a court setting notification, but right on the top of it, it says, I hear by interoperate
[50:08.000 --> 50:11.000]  if not guilty, blah, blah, blah.
[50:11.000 --> 50:13.000]  And I refused to sign it.
[50:13.000 --> 50:16.000]  So I've got her signature that I was there at least.
[50:16.000 --> 50:19.000]  I can prove that I was there, but I, I didn't sign it.
[50:19.000 --> 50:21.000]  So they're, they're in a bind.
[50:21.000 --> 50:22.000]  Right.
[50:22.000 --> 50:26.000]  Well, what you're going to do is you're going to file several judicial conduct complaints
[50:26.000 --> 50:28.000]  against this judge.
[50:28.000 --> 50:30.000]  One, acting without jurisdiction.
[50:30.000 --> 50:32.000]  No charging instrument is in the file.
[50:32.000 --> 50:37.000]  The judge was acting totally without subject matter jurisdiction.
[50:37.000 --> 50:40.000]  Make sure not, don't put it in as in personum.
[50:40.000 --> 50:43.000]  Put it in as subject matter.
[50:43.000 --> 50:48.000]  The judge is acting without subject matter jurisdiction.
[50:48.000 --> 50:50.000]  There is no issue before the court.
[50:50.000 --> 50:55.000]  There is no charging instrument before the court.
[50:55.000 --> 50:57.000]  That's judicial conduct complaint.
[50:57.000 --> 51:06.000]  Number one, number two, the judge failed to do the provisions of 1517 G.
[51:06.000 --> 51:10.000]  Okay.
[51:10.000 --> 51:12.000]  Yeah.
[51:12.000 --> 51:23.000]  Then you can file another one for the judge also not performing the examining trial.
[51:23.000 --> 51:31.000]  And I'd file a fourth one for acting in concert and collusion with the prosecution to deprive you of your right of due process
[51:31.000 --> 51:41.000]  by violation of these statutes and these judicial canons.
[51:41.000 --> 51:58.000]  Then you go after the prosecutor under the exact same reasoning using the code of professional ethics and judicial ethics.
[51:58.000 --> 52:04.000]  Okay.
[52:04.000 --> 52:06.000]  Sounds good.
[52:06.000 --> 52:08.000]  What do you think?
[52:08.000 --> 52:12.000]  Should I also enter an affidavit that I did not plea?
[52:12.000 --> 52:26.000]  No, you file a motion to withdraw the magisterially entered plea and state the magistrate entered a plea absent all subject matter jurisdiction in the instant matter.
[52:26.000 --> 52:36.000]  No charging instrument was filed with this court in this cause number and no issue was before the court for such a plea to be entered or order to be made.
[52:36.000 --> 52:48.000]  And I hear by demand that such order be declared void and the plea withdrawn.
[52:48.000 --> 52:52.000]  What was the order name again?
[52:52.000 --> 52:57.000]  Motion to withdraw magisterially entered plea.
[52:57.000 --> 53:00.000]  You can just make it motion to withdraw plea.
[53:00.000 --> 53:07.000]  Okay.
[53:07.000 --> 53:09.000]  Okay, we'll do.
[53:09.000 --> 53:10.000]  Okay.
[53:10.000 --> 53:12.000]  It felt good to stand up to them.
[53:12.000 --> 53:13.000]  Good.
[53:13.000 --> 53:15.000]  Keep it up.
[53:15.000 --> 53:18.000]  Don't watch the show on the 8th.
[53:18.000 --> 53:23.000]  How did they actually let me go to court?
[53:23.000 --> 53:25.000]  That's the court date.
[53:25.000 --> 53:26.000]  Yeah.
[53:26.000 --> 53:28.000]  The 8th of February, 820 a.m.
[53:28.000 --> 53:31.000]  Austin Municipal 707th Street.
[53:31.000 --> 53:34.000]  Okay.
[53:34.000 --> 53:37.000]  Well, I might try to make that if I can.
[53:37.000 --> 53:38.000]  All right.
[53:38.000 --> 53:39.000]  Matter of getting out of work.
[53:39.000 --> 53:40.000]  Okay.
[53:40.000 --> 53:41.000]  Anything else?
[53:41.000 --> 53:42.000]  That's it.
[53:42.000 --> 53:43.000]  Thanks, Eddie.
[53:43.000 --> 53:44.000]  All right.
[53:44.000 --> 53:45.000]  No problem, Patrick.
[53:45.000 --> 53:46.000]  Thanks for calling.
[53:46.000 --> 53:47.000]  All right.
[53:47.000 --> 53:49.000]  Let's go to Sarah in Texas.
[53:49.000 --> 53:52.000]  Sarah, what can we do for you?
[53:52.000 --> 53:56.000]  Hey, I was having a deal with the law librarian downtown Austin.
[53:56.000 --> 54:02.000]  And checking up to the clock, I had anywhere from 10 at least minutes,
[54:02.000 --> 54:07.000]  maybe a little bit more before my parking lot ticket was going to be expiring.
[54:07.000 --> 54:12.000]  So I went on out having finished my responsibilities across the street.
[54:12.000 --> 54:16.000]  Myself and another gentleman, we were both collaborating here,
[54:16.000 --> 54:21.000]  discovered we got parking tickets without the time expiring.
[54:21.000 --> 54:25.000]  We had time still to go, but we still got a parking ticket.
[54:25.000 --> 54:28.000]  How can we handle that?
[54:28.000 --> 54:33.000]  Did you photograph the ticket and the meter?
[54:33.000 --> 54:35.000]  Not in the ability to do that, no.
[54:35.000 --> 54:38.000]  You don't have a cell phone camera in it?
[54:38.000 --> 54:40.000]  Didn't have one with me at the time.
[54:40.000 --> 54:41.000]  Okay.
[54:41.000 --> 54:46.000]  Well, both of you can be corroborating witnesses for each other.
[54:46.000 --> 54:50.000]  But we took each other's contact information down.
[54:50.000 --> 54:51.000]  Yeah.
[54:51.000 --> 54:56.000]  Both of you need to fill out affidavits on behalf of your cells and each other,
[54:56.000 --> 55:01.000]  stating exactly what transpired, date, time, everything.
[55:01.000 --> 55:09.000]  Demand the officer be called to be present in court and so on and so forth.
[55:09.000 --> 55:17.000]  Basically, the problem here is, is that Austin parking tickets are administrative tickets.
[55:17.000 --> 55:21.000]  They don't let you call a jury or anything else.
[55:21.000 --> 55:27.000]  That by definition is a bill of pains and penalties.
[55:27.000 --> 55:29.000]  That by what?
[55:29.000 --> 55:38.000]  I said that by definition constitutes a bill of pains and penalties, which is illegal.
[55:38.000 --> 55:39.000]  Okay.
[55:39.000 --> 55:47.000]  These traffic citations are administrative or legislative determinations of guilt without
[55:47.000 --> 55:52.000]  a judicial finding of facts.
[55:52.000 --> 55:57.000]  It says right there in the statute on them or the ordinance on them that they are tried
[55:57.000 --> 55:59.000]  by an administrative judge.
[55:59.000 --> 56:05.000]  Therefore, their bills of pains and penalties, no matter how you slice it.
[56:05.000 --> 56:06.000]  Okay.
[56:06.000 --> 56:07.000]  Okay.
[56:07.000 --> 56:09.640]  So I would object to it on those grounds.
[56:09.640 --> 56:14.680]  I would also object to the ticket in general based upon the falsification of the citation
[56:14.680 --> 56:21.160]  by the parking officer, and I would produce the affidavit and witness testimony of the
[56:21.160 --> 56:27.560]  other individual, so on and so forth, and call the officer in as a witness.
[56:27.560 --> 56:32.160]  Without that officer and that witness, then you can probably get it kicked out.
[56:32.160 --> 56:38.160]  Then I'd turn around and sue the city and the officer for falsifying a government document
[56:38.160 --> 56:42.160]  for the purpose of committing fraud.
[56:42.160 --> 56:46.960]  And until we start following through and doing that, this kind of crap is going to keep going
[56:46.960 --> 56:50.360]  on for everybody.
[56:50.360 --> 56:54.640]  We both held our mouth open like, did you get this?
[56:54.640 --> 56:55.640]  Did you get this?
[56:55.640 --> 56:56.640]  And we both looked at our watches.
[56:56.640 --> 56:58.840]  Who issued the ticket?
[56:58.840 --> 56:59.840]  DPS?
[56:59.840 --> 57:05.320]  I think it was a city person making the walker.
[57:05.320 --> 57:06.320]  Okay.
[57:06.320 --> 57:11.280]  If you were down at the law library, that's the DPS's domain.
[57:11.280 --> 57:15.600]  Why is the Austin cops down there writing tickets on the parking meters?
[57:15.600 --> 57:18.320]  I don't know.
[57:18.320 --> 57:24.320]  Parking enforcement is DPS territory in Austin.
[57:24.320 --> 57:28.960]  We were just both so shocked we were, we both took each other's phone numbers down and that
[57:28.960 --> 57:30.280]  sort of thing.
[57:30.280 --> 57:36.440]  Well get you, both of you need to write up affidavits, okay, as to exactly what transpired
[57:36.440 --> 57:45.320]  and that you witnessed the same thing being done to another individual at the same location
[57:45.320 --> 57:51.160]  on the same day and the same time and put their contact information in your affidavit.
[57:51.160 --> 57:56.760]  So he will have his affidavit listing your contact information, you will have your affidavit
[57:56.760 --> 57:58.360]  listing his.
[57:58.360 --> 58:03.280]  Then you will provide each other with copies of your affidavit.
[58:03.280 --> 58:09.360]  Then I would go down there, both of you, at the same time and get in that judge's face.
[58:09.360 --> 58:12.440]  Thanks, I agree.
[58:12.440 --> 58:14.960]  Okay, anything else?
[58:14.960 --> 58:15.960]  Thank you.
[58:15.960 --> 58:16.960]  That's his third thing.
[58:16.960 --> 58:19.920]  All right, Sarah, thanks for calling in, appreciate it.
[58:19.920 --> 58:27.000]  All right, folks, this is the top of the hour break, John, Barrett, Vince, I see you there
[58:27.000 --> 58:30.920]  on the board, please hang in there, we will get back with you on the other side of the
[58:30.920 --> 58:31.920]  break.
[58:31.920 --> 58:38.800]  Rest of you folks, 512-646-1984 is the call-in number, we got about an hour left, so if
[58:38.800 --> 58:43.160]  you got anything you need to talk about, one of us to know about, give us a call.
[58:43.160 --> 58:59.400]  We'll be right back after this break.
[58:59.400 --> 59:03.520]  Would you like to make more definite progress in your walk with God?
[59:03.520 --> 59:08.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[59:08.720 --> 59:09.720]  can really help.
[59:09.720 --> 59:14.400]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:14.400 --> 59:15.400]  today.
[59:15.400 --> 59:19.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:19.440 --> 59:22.560]  to know God and to know the meaning of life.
[59:22.560 --> 59:27.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:27.800 --> 59:32.080]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:32.080 --> 59:37.000]  of salvation, growing in Christ and how to build up the church.
[59:37.000 --> 59:42.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:42.040 --> 59:58.520]  Life, call Bibles for America toll-free at 888-551-0102 or visit us online at bfa.org.
[59:58.520 --> 01:00:10.280]  162 people were killed Friday in bombings and gun battles in Karno, Nigeria's second
[01:00:10.280 --> 01:00:11.400]  largest city.
[01:00:11.400 --> 01:00:16.760]  A spokesman for the Islamic group Boko Haram said the attacks were in response to authorities'
[01:00:16.760 --> 01:00:19.800]  refusal to release its members in custody.
[01:00:19.800 --> 01:00:25.880]  20 blasts reverberated across the city, targeting police offices, a secret police building and
[01:00:25.880 --> 01:00:28.960]  immigration offices.
[01:00:28.960 --> 01:00:33.640]  Mitt Romney agreed Saturday to publish his tax returns after losing to Newt Gingrich
[01:00:33.640 --> 01:00:36.280]  in South Carolina's Republican primary.
[01:00:36.280 --> 01:00:42.240]  ABC News disclosed last week Romney has millions of dollars stashed in tax havens in the Cayman
[01:00:42.240 --> 01:00:43.240]  Islands.
[01:00:43.240 --> 01:00:48.800]  Romney admitted last week his tax rate was 15% far lower than for most Americans.
[01:00:48.800 --> 01:00:53.320]  Romney warned Gingrich, those who pick up the weapons of the left today will find them
[01:00:53.320 --> 01:00:56.120]  turned against them tomorrow.
[01:00:56.120 --> 01:01:02.040]  A judge has ordered Barack Obama to appear in court in Atlanta Thursday for a hearing
[01:01:02.040 --> 01:01:06.520]  on a complaint that says Obama cannot be president because he isn't a natural born
[01:01:06.520 --> 01:01:07.520]  citizen.
[01:01:07.520 --> 01:01:11.520]  The complaint is intended to keep Obama's name off the state's ballot in the March
[01:01:11.520 --> 01:01:14.720]  presidential primary.
[01:01:14.720 --> 01:01:19.120]  Andrew Adler, owner of a Jewish newspaper in Atlanta, has said he deeply regrets writing
[01:01:19.120 --> 01:01:24.120]  a column suggesting that Israel consider a hit on Barack Obama if he stands in the way
[01:01:24.120 --> 01:01:26.280]  of Israel defending itself.
[01:01:26.280 --> 01:01:31.320]  Adler told the UK Guardian he wrote the column in the Atlanta Jewish Times to get a reaction
[01:01:31.320 --> 01:01:32.400]  from readers.
[01:01:32.400 --> 01:01:36.880]  The column asked readers to imagine they are the Israeli Prime Minister Benjamin Netanyahu
[01:01:36.880 --> 01:01:42.040]  confronting the threat posed by Hezbollah and Iran's nuclear program while also under
[01:01:42.040 --> 01:01:46.880]  pressure from a US president with an Alice in Wonderland belief in diplomacy.
[01:01:46.880 --> 01:01:53.880]  Tens of thousands of Yemenis protested Sunday in Sana'a's Change Square epicenter of the
[01:01:53.880 --> 01:01:59.080]  democracy movement against the law giving President Ali, Abdullah Saleh immunity from
[01:01:59.080 --> 01:02:02.720]  prosecution over his harsh crackdown on dissent.
[01:02:02.720 --> 01:02:07.760]  Yemen's parliament Saturday adopted a law giving Saleh complete immunity from prosecution
[01:02:07.760 --> 01:02:12.760]  in return from stepping down in February under a Gulf-brokered transition deal.
[01:02:12.760 --> 01:02:18.040]  The law also offers protection for Saleh's aides for actions that were politically motivated
[01:02:18.040 --> 01:02:21.200]  and carried out in the exercise of their duties.
[01:02:21.200 --> 01:02:25.400]  Saleh has ruled Yemen with an iron fist for 33 years.
[01:02:25.400 --> 01:02:29.240]  After 9-11 he became an ally of the US's war on terror.
[01:02:29.240 --> 01:02:34.040]  The US has continued to launch drone strikes in Yemen and has provided the Saleh regime
[01:02:34.040 --> 01:02:36.800]  with military aid during the uprising.
[01:02:36.800 --> 01:02:41.520]  The State Department announced Sunday it has granted Saleh a visa to seek medical treatment
[01:02:41.520 --> 01:02:43.520]  in the US.
[01:02:43.520 --> 01:03:12.520]  For more details on this story, visit INNworldviewCourt.net.
[01:03:13.520 --> 01:03:28.520]  Alright folks, we are back, this is New York Law Radio.
[01:03:28.520 --> 01:03:35.000]  Okay, right now we're going to go to Samantha in Texas and then we'll get to Vince, Barrett
[01:03:35.000 --> 01:03:36.000]  and John.
[01:03:36.000 --> 01:03:39.000]  Dean and Samantha, what can we do for you?
[01:03:39.000 --> 01:03:43.760]  Hey there, I'm calling about a public intoxication charge.
[01:03:43.760 --> 01:03:46.480]  I'm sorry, say that one more time.
[01:03:46.480 --> 01:03:51.000]  I'm calling about a public intoxication charge that I got in San Marquez.
[01:03:51.000 --> 01:03:52.000]  Okay.
[01:03:52.000 --> 01:04:00.520]  I was with a friend and I went down to the river by the school, I just moved here, and
[01:04:00.520 --> 01:04:07.560]  we ended up, well, jumping in at four in the morning and the cops saw us and they told
[01:04:07.560 --> 01:04:13.560]  us out and gave us a public intoxication charge instead of a public indecency charge.
[01:04:13.560 --> 01:04:17.360]  Okay, were you drinking?
[01:04:17.360 --> 01:04:18.840]  We had a couple of it.
[01:04:18.840 --> 01:04:24.080]  In the public intoxication under the Texas Penal Code it says, oh, I'm familiar with
[01:04:24.080 --> 01:04:25.080]  what it says.
[01:04:25.080 --> 01:04:28.920]  I'm just trying to find out, one, were you drinking?
[01:04:28.920 --> 01:04:34.680]  Which you were, two, how much, and three, what?
[01:04:34.680 --> 01:04:43.680]  Okay, we had had several beers, but we really, I mean, we weren't drunk.
[01:04:43.680 --> 01:04:44.680]  Right.
[01:04:44.680 --> 01:04:45.680]  Okay.
[01:04:45.680 --> 01:04:50.760]  You are correct in that the code requires for that charge to stick that the officer
[01:04:50.760 --> 01:04:57.040]  has to show that you were a danger to yourself or others, but they love to throw that charge
[01:04:57.040 --> 01:05:04.800]  at people and proclaim without any evidence whatsoever that you were a danger to yourself
[01:05:04.800 --> 01:05:07.040]  or others.
[01:05:07.040 --> 01:05:08.920]  So was this one officer?
[01:05:08.920 --> 01:05:11.760]  No, there were about eight there.
[01:05:11.760 --> 01:05:12.760]  They all...
[01:05:12.760 --> 01:05:13.760]  Eight?
[01:05:13.760 --> 01:05:16.520]  It was, yes, about eight officers showed up.
[01:05:16.520 --> 01:05:19.840]  Okay, get your hands on the police report.
[01:05:19.840 --> 01:05:24.560]  The police report should state why and how they came to the conclusion you were a danger
[01:05:24.560 --> 01:05:26.080]  to yourself or others.
[01:05:26.080 --> 01:05:27.080]  Okay.
[01:05:27.080 --> 01:05:31.880]  If it doesn't contain that, the officer's already screwed.
[01:05:31.880 --> 01:05:36.880]  The problem you're going to have is the sheer number of people that are going to lie against
[01:05:36.880 --> 01:05:39.440]  you if called in the court.
[01:05:39.440 --> 01:05:41.640]  Okay.
[01:05:41.640 --> 01:05:45.800]  But the first thing you need to do, get your hands on the police report.
[01:05:45.800 --> 01:05:46.800]  Okay.
[01:05:46.800 --> 01:05:51.600]  File an open records request, get that from the police department.
[01:05:51.600 --> 01:05:52.600]  Okay.
[01:05:52.600 --> 01:05:55.560]  File an open records request?
[01:05:55.560 --> 01:05:56.560]  Yes.
[01:05:56.560 --> 01:06:01.960]  You may be able to get it without it, but just in case, have one ready to turn into them
[01:06:01.960 --> 01:06:02.960]  anyway.
[01:06:02.960 --> 01:06:03.960]  Okay.
[01:06:03.960 --> 01:06:09.800]  And then it was San Marcos City Police on the Texas State campus.
[01:06:09.800 --> 01:06:12.120]  Does that make a difference?
[01:06:12.120 --> 01:06:15.560]  If it's within municipal jurisdiction, no.
[01:06:15.560 --> 01:06:16.560]  Okay.
[01:06:16.560 --> 01:06:17.560]  All right.
[01:06:17.560 --> 01:06:23.520]  So I guess I'll get my hands on that police report and see where I go from there.
[01:06:23.520 --> 01:06:24.520]  Yes.
[01:06:24.520 --> 01:06:30.240]  That first, and if you like, if you will scan in a copy of it and send it to me, I'll be
[01:06:30.240 --> 01:06:32.400]  happy to go over it with you.
[01:06:32.400 --> 01:06:33.400]  Okay.
[01:06:33.400 --> 01:06:34.400]  That would be great.
[01:06:34.400 --> 01:06:35.400]  Okay.
[01:06:35.400 --> 01:06:40.800]  My email address is eddedie at Rule of Law Radio.
[01:06:40.800 --> 01:06:46.520]  Send me a copy of every page, front and back if there is a back, along with your contact
[01:06:46.520 --> 01:06:50.920]  information, phone number, all that stuff so that I can get in touch with you when I
[01:06:50.920 --> 01:06:53.760]  have it and set a time to talk to you about it.
[01:06:53.760 --> 01:06:54.760]  Okay.
[01:06:54.760 --> 01:06:55.760]  That would be fantastic.
[01:06:55.760 --> 01:06:56.760]  Thank you so much.
[01:06:56.760 --> 01:06:57.760]  You're very welcome.
[01:06:57.760 --> 01:07:08.240]  And also when I file that open record request, I have 10 days to go back to the court and
[01:07:08.240 --> 01:07:09.240]  testify or...
[01:07:09.240 --> 01:07:15.120]  No, they want you to come in and enter a plea, but what you're going to do is the exact same
[01:07:15.120 --> 01:07:18.040]  thing as what we're talking about on the show tonight.
[01:07:18.040 --> 01:07:21.560]  They're not going to give you proper notice.
[01:07:21.560 --> 01:07:22.560]  Okay.
[01:07:22.560 --> 01:07:29.280]  So, what we're going to go after as soon as you get me a copy of that police report is
[01:07:29.280 --> 01:07:33.200]  we're going to start beating the drum of no notice.
[01:07:33.200 --> 01:07:34.200]  Okay.
[01:07:34.200 --> 01:07:39.000]  So, will that extend that 10 days once I file an open record report or...
[01:07:39.000 --> 01:07:40.000]  No.
[01:07:40.000 --> 01:07:41.000]  No.
[01:07:41.000 --> 01:07:43.640]  The 10 days is for you to appear on the citation.
[01:07:43.640 --> 01:07:44.640]  Okay.
[01:07:44.640 --> 01:07:47.040]  I just want to warn off my arrest.
[01:07:47.040 --> 01:07:48.120]  Okay.
[01:07:48.120 --> 01:07:51.840]  What day are you supposed to appear by?
[01:07:51.840 --> 01:07:53.440]  What's on the citation?
[01:07:53.440 --> 01:08:01.200]  What would you... It's a week from now.
[01:08:01.200 --> 01:08:02.200]  Okay.
[01:08:02.200 --> 01:08:05.000]  Is that the court date you're talking about?
[01:08:05.000 --> 01:08:06.000]  Mm-hmm.
[01:08:06.000 --> 01:08:07.000]  Okay.
[01:08:07.000 --> 01:08:10.920]  All that requires you to do is to come in to the court.
[01:08:10.920 --> 01:08:11.920]  Yes.
[01:08:11.920 --> 01:08:12.920]  Okay.
[01:08:12.920 --> 01:08:13.920]  Exactly.
[01:08:13.920 --> 01:08:14.920]  You're going to do that.
[01:08:14.920 --> 01:08:17.080]  So, you're going to comply with that.
[01:08:17.080 --> 01:08:18.080]  Yes.
[01:08:18.080 --> 01:08:24.220]  If they issue a warrant after you've been there, that judge is really playing Russian
[01:08:24.220 --> 01:08:30.080]  roulette with his career, provided you're willing to make him pay for it.
[01:08:30.080 --> 01:08:33.080]  All right.
[01:08:33.080 --> 01:08:34.080]  Okay.
[01:08:34.080 --> 01:08:41.320]  I will follow those instructions and I will get back to you with that report.
[01:08:41.320 --> 01:08:42.320]  Thank you so much.
[01:08:42.320 --> 01:08:43.320]  You're very welcome.
[01:08:43.320 --> 01:08:44.320]  All right.
[01:08:44.320 --> 01:08:45.320]  Have a great night.
[01:08:45.320 --> 01:08:46.320]  You too.
[01:08:46.320 --> 01:08:47.320]  Bye.
[01:08:47.320 --> 01:08:48.320]  All right.
[01:08:48.320 --> 01:08:51.600]  Now, we have Vince in California.
[01:08:51.600 --> 01:08:53.600]  Vince, what can we do for you?
[01:08:53.600 --> 01:08:54.720]  Hey, good evening, Eddie.
[01:08:54.720 --> 01:08:59.560]  I called you last week about my license plate swap failure with a peer issue.
[01:08:59.560 --> 01:09:00.560]  Yeah.
[01:09:00.560 --> 01:09:01.560]  Yep.
[01:09:01.560 --> 01:09:03.400]  So, I've been doing a little more research.
[01:09:03.400 --> 01:09:09.880]  One of the things that I'm trying to hammer on is the due process thing and I'm reading
[01:09:09.880 --> 01:09:11.880]  California Penal Code section 949.
[01:09:11.880 --> 01:09:15.960]  It says, the first bleeding on the part of the people in a misdemeanor or infraction
[01:09:15.960 --> 01:09:19.680]  is the complaint except as otherwise provided by law.
[01:09:19.680 --> 01:09:23.000]  Now, that except part is kind of thrown me for a loop.
[01:09:23.000 --> 01:09:28.280]  Do you have any suggestions on what you need to see whether or not they have used law to
[01:09:28.280 --> 01:09:33.080]  create the citation as an otherwise?
[01:09:33.080 --> 01:09:40.240]  In other words, will the citation serve as notice or proper documentation by the people
[01:09:40.240 --> 01:09:43.200]  for a cause of action?
[01:09:43.200 --> 01:09:48.720]  But there's no law authorizing that, then the complaint is still the item of interest
[01:09:48.720 --> 01:09:49.720]  here.
[01:09:49.720 --> 01:09:51.920]  Okay.
[01:09:51.920 --> 01:09:59.480]  But now remember, in California, traffic citations are civil, not criminal.
[01:09:59.480 --> 01:10:03.840]  Well, this was a misdemeanor.
[01:10:03.840 --> 01:10:09.000]  There used to be such things as civil misdemeanors.
[01:10:09.000 --> 01:10:15.320]  But in any case, I'm pretty sure according to the statute in California that those are
[01:10:15.320 --> 01:10:19.200]  civil cases, not criminal.
[01:10:19.200 --> 01:10:21.840]  Now that's for traffic.
[01:10:21.840 --> 01:10:27.720]  In your case, you falsified the plates.
[01:10:27.720 --> 01:10:30.680]  That most likely is criminal.
[01:10:30.680 --> 01:10:32.480]  I think it is.
[01:10:32.480 --> 01:10:33.680]  Okay.
[01:10:33.680 --> 01:10:41.040]  So in that case, again, unless there is some law that authorizes something other than a
[01:10:41.040 --> 01:10:46.360]  complaint to suffice in this case, then they have to have a complaint.
[01:10:46.360 --> 01:10:49.480]  And they have to serve you with that complaint.
[01:10:49.480 --> 01:10:50.480]  Okay.
[01:10:50.480 --> 01:11:00.360]  Otherwise, improper, insufficient, and untimely notice, thus deprivation of due process.
[01:11:00.360 --> 01:11:01.360]  Yeah.
[01:11:01.360 --> 01:11:02.360]  Okay.
[01:11:02.360 --> 01:11:09.240]  So that leads to the two other things which we discussed last week, which is the policeman
[01:11:09.240 --> 01:11:13.000]  acting as an attorney when filing the complaint.
[01:11:13.000 --> 01:11:20.760]  Is there a law in California that says only attorneys may practice law?
[01:11:20.760 --> 01:11:21.760]  I don't know.
[01:11:21.760 --> 01:11:23.200]  Of course there is.
[01:11:23.200 --> 01:11:25.600]  California has a bar association.
[01:11:25.600 --> 01:11:26.600]  Okay.
[01:11:26.600 --> 01:11:27.600]  Okay.
[01:11:27.600 --> 01:11:32.920]  So the second thing is, does the California Constitution specifically assign prosecutorial
[01:11:32.920 --> 01:11:36.280]  power of the state to a specific public office?
[01:11:36.280 --> 01:11:42.160]  Well, yeah, it does, the district attorney or a district or county attorney, probably.
[01:11:42.160 --> 01:11:43.160]  Yeah.
[01:11:43.160 --> 01:11:44.560]  Or just like it does in Texas.
[01:11:44.560 --> 01:11:45.560]  Yeah.
[01:11:45.560 --> 01:11:46.560]  Does the cop qualify?
[01:11:46.560 --> 01:11:47.560]  No.
[01:11:47.560 --> 01:11:48.560]  Absolutely not.
[01:11:48.560 --> 01:11:49.560]  Okay.
[01:11:49.560 --> 01:11:54.640]  Then the cop is acting as prosecution for the state, and that violates whatever article
[01:11:54.640 --> 01:11:58.680]  and clause of California Constitution.
[01:11:58.680 --> 01:12:03.880]  Find where that's been codified into the statute as well, if it exists.
[01:12:03.880 --> 01:12:05.120]  Right.
[01:12:05.120 --> 01:12:08.800]  And reference them together if at all possible.
[01:12:08.800 --> 01:12:12.360]  Otherwise, bang the constitutional drum.
[01:12:12.360 --> 01:12:13.360]  Right.
[01:12:13.360 --> 01:12:14.360]  Right.
[01:12:14.360 --> 01:12:19.000]  Now, you've said that the city attorney is an attorney pro tem.
[01:12:19.000 --> 01:12:20.000]  No.
[01:12:20.000 --> 01:12:21.000]  I never said that.
[01:12:21.000 --> 01:12:22.000]  Oh, I thought you said that.
[01:12:22.000 --> 01:12:23.240]  I've got that in my notes.
[01:12:23.240 --> 01:12:26.680]  No, I say they try to act like he is, but he isn't.
[01:12:26.680 --> 01:12:28.880]  Oh, it's acting as, okay.
[01:12:28.880 --> 01:12:35.240]  A city attorney is not a county or district attorney, and Texas Constitution specifically
[01:12:35.240 --> 01:12:41.640]  assigns the prosecutorial power of the state into two public officers.
[01:12:41.640 --> 01:12:46.360]  And city attorney, dams, you're at one of them.
[01:12:46.360 --> 01:12:47.360]  Right.
[01:12:47.360 --> 01:12:48.360]  Okay.
[01:12:48.360 --> 01:12:55.600]  Okay, and so I've got, last time I spoke to you, I didn't have a copy of the complaint.
[01:12:55.600 --> 01:12:56.600]  Now I've got one.
[01:12:56.600 --> 01:12:58.320]  How did you get it?
[01:12:58.320 --> 01:12:59.880]  I got it from the court.
[01:12:59.880 --> 01:13:02.080]  So you still have not been served?
[01:13:02.080 --> 01:13:03.080]  No.
[01:13:03.080 --> 01:13:07.280]  Then you need to be filing motions about timely notice.
[01:13:07.280 --> 01:13:08.280]  Okay.
[01:13:08.280 --> 01:13:09.280]  Okay.
[01:13:09.280 --> 01:13:17.800]  And breaching, or going past that to the complaint itself, first thing I noticed was
[01:13:17.800 --> 01:13:21.320]  that there's no name on this as far as who signed it.
[01:13:21.320 --> 01:13:24.320]  There's a line at the bottom that says complainant within the complaint.
[01:13:24.320 --> 01:13:26.800]  Well, if there's no signature, it's not a complaint.
[01:13:26.800 --> 01:13:31.320]  Well, there's a signature, but there's no name, and the signature's not legible, so
[01:13:31.320 --> 01:13:33.920]  that doesn't seem right to me.
[01:13:33.920 --> 01:13:37.080]  Is it stamped and sworn to by a second signature?
[01:13:37.080 --> 01:13:38.080]  Nope.
[01:13:38.080 --> 01:13:41.320]  Then it's not a complaint.
[01:13:41.320 --> 01:13:46.160]  Without a verifying signature and someone authorized to administer the oath, it's not
[01:13:46.160 --> 01:13:47.160]  a complaint.
[01:13:47.160 --> 01:13:50.640]  Okay, so when you say a verifying signature, does that mean that shows the printed name
[01:13:50.640 --> 01:13:52.640]  and the signature?
[01:13:52.640 --> 01:13:53.640]  No.
[01:13:53.640 --> 01:13:58.560]  Somebody had to say, do you solemnly swear that everything you've written in this document
[01:13:58.560 --> 01:14:01.160]  is true and correct under penalty of perjury?
[01:14:01.160 --> 01:14:02.160]  Okay.
[01:14:02.160 --> 01:14:06.800]  And they had to sign it below whoever complained on it and signed it.
[01:14:06.800 --> 01:14:07.800]  Okay.
[01:14:07.800 --> 01:14:12.560]  There has to be two signatures and a seal.
[01:14:12.560 --> 01:14:15.520]  Almost always is that mandatory.
[01:14:15.520 --> 01:14:22.040]  Look in the codes and see what the mandatory requisites of a complaint are.
[01:14:22.040 --> 01:14:23.040]  Right.
[01:14:23.040 --> 01:14:24.040]  Okay.
[01:14:24.040 --> 01:14:27.240]  So two signatures and a seal.
[01:14:27.240 --> 01:14:28.240]  Okay.
[01:14:28.240 --> 01:14:33.600]  Yeah, because it's certainly, I don't see anybody here taking responsibility for it
[01:14:33.600 --> 01:14:38.720]  other than this chicken scratch that somebody called the signature.
[01:14:38.720 --> 01:14:47.440]  Okay, and now when I get into court on this, is it worth my while and is there a way to
[01:14:47.440 --> 01:14:52.960]  do this just to ask to convene a court of public record right there on the spot?
[01:14:52.960 --> 01:14:53.960]  I don't know.
[01:14:53.960 --> 01:14:57.560]  You have to read the rules of court in California and find out.
[01:14:57.560 --> 01:14:58.560]  Right, right.
[01:14:58.560 --> 01:15:03.400]  I'm pretty sure, though, that if it's a jailable offense, you're going to be in a court of
[01:15:03.400 --> 01:15:04.400]  record.
[01:15:04.400 --> 01:15:05.400]  Right.
[01:15:05.400 --> 01:15:06.400]  Okay.
[01:15:06.400 --> 01:15:12.360]  Okay, that covers all the questions I had.
[01:15:12.360 --> 01:15:15.480]  I did want to ask you, are you familiar with the books by Charles Wiseman?
[01:15:15.480 --> 01:15:16.960]  Yes, I am.
[01:15:16.960 --> 01:15:18.040]  I have them all.
[01:15:18.040 --> 01:15:20.160]  I highly recommend those to anybody who's listening.
[01:15:20.160 --> 01:15:21.760]  They're cheap and they're full of good stuff.
[01:15:21.760 --> 01:15:23.720]  If you ask me, would you agree?
[01:15:23.720 --> 01:15:27.320]  Well, that depends on which books you're referring to.
[01:15:27.320 --> 01:15:29.920]  He's got a couple that I am not in agreement with.
[01:15:29.920 --> 01:15:34.360]  Well, I'm referring in particular to a treatise on arrest and false imprisonment.
[01:15:34.360 --> 01:15:35.360]  Yes.
[01:15:35.360 --> 01:15:39.880]  That one's interesting enough, as is the one on right to travel, liberty or license.
[01:15:39.880 --> 01:15:41.360]  Oh, I'll have to get that one.
[01:15:41.360 --> 01:15:42.600]  I didn't know about that one.
[01:15:42.600 --> 01:15:49.920]  I've also got maxims of law, a little pocket handbook, and the authority of law.
[01:15:49.920 --> 01:15:52.920]  Yeah, both of those are good as well.
[01:15:52.920 --> 01:15:56.640]  Okay, well, I'll certainly get this one on travel then.
[01:15:56.640 --> 01:16:01.840]  Okay, I don't think I have anything else at this time, man.
[01:16:01.840 --> 01:16:02.840]  Okay.
[01:16:02.840 --> 01:16:04.320]  Wish me luck on Friday.
[01:16:04.320 --> 01:16:05.640]  Well, good luck.
[01:16:05.640 --> 01:16:06.640]  All right.
[01:16:06.640 --> 01:16:07.640]  Well, thank you.
[01:16:07.640 --> 01:16:08.640]  Yes, sir.
[01:16:08.640 --> 01:16:09.640]  Thanks for calling in.
[01:16:09.640 --> 01:16:10.640]  Good evening.
[01:16:10.640 --> 01:16:11.640]  All right.
[01:16:11.640 --> 01:16:18.640]  Now, we have Barrett in Idaho.
[01:16:18.640 --> 01:16:21.640]  All right.
[01:16:21.640 --> 01:16:22.640]  Go ahead, Barrett.
[01:16:22.640 --> 01:16:25.840]  You've got about 30 seconds before we go to break.
[01:16:25.840 --> 01:16:26.840]  Roger.
[01:16:26.840 --> 01:16:28.840]  I'll make this quick.
[01:16:28.840 --> 01:16:32.000]  I had a no contact order restraining order.
[01:16:32.000 --> 01:16:33.000]  Okay.
[01:16:33.000 --> 01:16:41.800]  So, my ex, she called the cops and said that I called her, and they just came over to me
[01:16:41.800 --> 01:16:47.040]  in my friend's house where I was staying, which is like 40 miles away, and they arrested
[01:16:47.040 --> 01:16:49.840]  me just on her word, and I'm on a note.
[01:16:49.840 --> 01:16:50.840]  Okay.
[01:16:50.840 --> 01:16:51.840]  Hang on just a second, Barrett.
[01:16:51.840 --> 01:16:52.840]  We'll pick that up on the other side.
[01:16:52.840 --> 01:16:53.840]  All right, folks.
[01:16:53.840 --> 01:16:54.840]  This is Rule of Law Radio 512-646-1984.
[01:16:54.840 --> 01:16:55.840]  We'll be right back.
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[01:19:20.480 --> 01:19:45.920]  All right, folks, we are back, ruling on radio, we've got about 45 minutes, that's three segments
[01:19:45.920 --> 01:19:47.840]  left in the show.
[01:19:47.840 --> 01:19:51.760]  If you have an issue, please get in line, don't wait until the last minute, because
[01:19:51.760 --> 01:19:56.600]  I will not be able to get to everyone if the caller board's full when we run out of time.
[01:19:56.600 --> 01:20:02.440]  Right now, we're talking to Barrett in Idaho about a girlfriend sending him back to be
[01:20:02.440 --> 01:20:07.560]  arrested for violating a no-contact order.
[01:20:07.560 --> 01:20:13.880]  Yeah, and I asked the cop, I says, what proof do you have that I called her?
[01:20:13.880 --> 01:20:18.480]  And he says, I don't have any proof, she sounded scared.
[01:20:18.480 --> 01:20:25.440]  And they just, basically, just ripped me out of bed and took me to jail, and I stayed there
[01:20:25.440 --> 01:20:33.680]  for two weeks, and before seeing this judge, and I says, how can you, and she actually,
[01:20:33.680 --> 01:20:39.160]  I tried to show the cop that she called me, and because I deleted her name off my phone
[01:20:39.160 --> 01:20:45.960]  list, I didn't know, it was just a number, and it takes me a while to get my phone,
[01:20:45.960 --> 01:20:46.960]  it's a separate phone.
[01:20:46.960 --> 01:20:52.080]  Well, you can't be in violation of a contact order if she's the one that initiates contact,
[01:20:52.080 --> 01:20:53.080]  Barrett.
[01:20:53.080 --> 01:20:58.320]  But, okay, I did tell him, I said, she called me, and I didn't know it was her because I
[01:20:58.320 --> 01:21:04.600]  deleted her name off my list on my phone, on my cell phone, and he says, okay, you answered
[01:21:04.600 --> 01:21:05.600]  it.
[01:21:05.600 --> 01:21:09.200]  And I says, what proof do you have that I called her?
[01:21:09.200 --> 01:21:11.200]  And he says, she sounded scared.
[01:21:11.200 --> 01:21:14.520]  So is that a false arrest, and can I sue that officer for that?
[01:21:14.520 --> 01:21:17.400]  Well, that really depends upon the circumstances.
[01:21:17.400 --> 01:21:23.520]  If that's all true and correct information, then yeah, probably.
[01:21:23.520 --> 01:21:24.520]  How would I go?
[01:21:24.520 --> 01:21:25.680]  I don't remember his name.
[01:21:25.680 --> 01:21:34.760]  This was, this arrest occurred in October, November of 2010, and I never went to my trial
[01:21:34.760 --> 01:21:41.600]  because my lawyer would not get a mental health expert because she was off of her
[01:21:41.600 --> 01:21:42.600]  and a psychotic.
[01:21:42.600 --> 01:21:43.600]  Wait, wait, wait.
[01:21:43.600 --> 01:21:46.440]  You didn't go to trial because your lawyer wouldn't do something?
[01:21:46.440 --> 01:21:48.600]  Yeah, and plus I was almost freezing to death.
[01:21:48.600 --> 01:21:50.000]  I had to get out of there.
[01:21:50.000 --> 01:21:53.520]  Yeah, I did all that, yes.
[01:21:53.520 --> 01:21:57.440]  So what you're telling me is, is you have an outstanding warrant for failure to appear
[01:21:57.440 --> 01:21:58.440]  at your trial.
[01:21:58.440 --> 01:22:01.760]  Yes, I'm an organ, but they can't touch me here, and I know.
[01:22:01.760 --> 01:22:02.760]  So.
[01:22:02.760 --> 01:22:03.760]  Yeah, okay.
[01:22:03.760 --> 01:22:07.200]  And what, what gives you that idea, whoever they want?
[01:22:07.200 --> 01:22:13.080]  If you get arrested in Idaho, we'll see how quick they can't touch you in Oregon.
[01:22:13.080 --> 01:22:18.160]  Because if Idaho pulls up an outstanding warrant in Oregon, then what makes you think they
[01:22:18.160 --> 01:22:20.960]  won't hold you till Oregon comes and gets you?
[01:22:20.960 --> 01:22:22.760]  Well, they already tried.
[01:22:22.760 --> 01:22:24.840]  What do you mean they already tried?
[01:22:24.840 --> 01:22:30.360]  Well, I have a medical cannabis card, medical marijuana card, because I don't like those
[01:22:30.360 --> 01:22:34.560]  addictive pain medication, which I'm alive.
[01:22:34.560 --> 01:22:40.360]  Okay, what does that have to do with the issue of why they wouldn't hold you for Oregon
[01:22:40.360 --> 01:22:42.560]  to come and get you?
[01:22:42.560 --> 01:22:51.880]  Well, I got busted out here for possessing cannabis paraphernalia.
[01:22:51.880 --> 01:22:52.880]  Uh-huh.
[01:22:52.880 --> 01:22:58.160]  I did four days in jail out here for that, and I showed them my Oregon card, and I said,
[01:22:58.160 --> 01:23:02.600]  doesn't the Constitution stand for the whole place?
[01:23:02.600 --> 01:23:03.600]  I don't know.
[01:23:03.600 --> 01:23:06.960]  I need to learn a lot more than people.
[01:23:06.960 --> 01:23:10.600]  Well, there you and I are in total agreement.
[01:23:10.600 --> 01:23:18.440]  If you're going to do these things, then you need to know the rules governing the activity.
[01:23:18.440 --> 01:23:23.040]  But again, we still haven't gotten the answer to my question.
[01:23:23.040 --> 01:23:26.240]  My question is, I told the cop I answered the phone.
[01:23:26.240 --> 01:23:32.200]  The minute I found out it was her wanting to get back together again, I hung up.
[01:23:32.200 --> 01:23:35.600]  It's like 30 seconds, 45 seconds.
[01:23:35.600 --> 01:23:41.640]  I admitted that, and I didn't know that, oh, if you answer their call, I mean, can you
[01:23:41.640 --> 01:23:44.640]  see the extortive way this can be used?
[01:23:44.640 --> 01:23:46.920]  And they dropped the case.
[01:23:46.920 --> 01:23:50.560]  And then my attorney calls me, Kelly Doyle out of Oregon.
[01:23:50.560 --> 01:23:51.560]  Hold on.
[01:23:51.560 --> 01:23:53.720]  Wait, wait, wait, wait, wait.
[01:23:53.720 --> 01:23:55.840]  Somewhere here, we're not seeking up.
[01:23:55.840 --> 01:24:00.560]  You have an outstanding warrant for not going to trial, and now you're telling me they dropped
[01:24:00.560 --> 01:24:01.560]  the case.
[01:24:01.560 --> 01:24:03.360]  Well, then what's the outstanding warrant for?
[01:24:03.360 --> 01:24:06.680]  Well, then when they picked it back up, they didn't send me a warrant.
[01:24:06.680 --> 01:24:10.760]  Wait, wait, they don't drop it and pick it back up unless something else occurred.
[01:24:10.760 --> 01:24:11.760]  What was that?
[01:24:11.760 --> 01:24:13.920]  They said it was a phone number discrepancy.
[01:24:13.920 --> 01:24:15.880]  They didn't have her right phone number.
[01:24:15.880 --> 01:24:18.440]  And so they were going to drop it.
[01:24:18.440 --> 01:24:22.880]  And then they picked it back up because they corrected their mistakes.
[01:24:22.880 --> 01:24:27.600]  What do they call that when you're incompetent, you're incompetent?
[01:24:27.600 --> 01:24:32.280]  They picked it back up, and they just automatically, some judge, and I want to find out who it
[01:24:32.280 --> 01:24:33.280]  is.
[01:24:33.280 --> 01:24:34.280]  I don't know how to find out who it is.
[01:24:34.280 --> 01:24:40.440]  And I want to find out who this top is for false arrest on someone's word.
[01:24:40.440 --> 01:24:43.280]  I mean, do I have a case here with this?
[01:24:43.280 --> 01:24:47.840]  Because they've ruined my life.
[01:24:47.840 --> 01:24:52.720]  Whether or not you have a case is going to depend upon what evidence you can get to prove
[01:24:52.720 --> 01:24:55.760]  your side of the story.
[01:24:55.760 --> 01:25:00.480]  You're asking me like so many other folks that look into my crystal ball and give you
[01:25:00.480 --> 01:25:04.280]  a bad answer, and I can't do that.
[01:25:04.280 --> 01:25:09.400]  Whether or not you have a case depends upon what evidence you can collect to make that
[01:25:09.400 --> 01:25:10.400]  case.
[01:25:10.400 --> 01:25:15.040]  Wouldn't, would the jurisdiction ever give me this information and the code?
[01:25:15.040 --> 01:25:16.040]  No.
[01:25:16.040 --> 01:25:22.640]  It's going to tell you how to file a suit and follow it through, but it's not going
[01:25:22.640 --> 01:25:24.880]  to construct evidence for you.
[01:25:24.880 --> 01:25:25.880]  Right.
[01:25:25.880 --> 01:25:29.080]  Roger, I can do that myself.
[01:25:29.080 --> 01:25:34.280]  Because the cop wrote in his report that, because of the way his phone works, he didn't
[01:25:34.280 --> 01:25:35.280]  know it was her.
[01:25:35.280 --> 01:25:40.480]  He even wrote that in his report, so that's the false arrest.
[01:25:40.480 --> 01:25:41.480]  Just on someone's word.
[01:25:41.480 --> 01:25:46.240]  She can call me up and say, I want a thousand bucks, or I'm going to tell them you called
[01:25:46.240 --> 01:25:47.240]  me.
[01:25:47.240 --> 01:25:48.240]  And they'll come and arrest you.
[01:25:48.240 --> 01:25:49.240]  And this is unworthy.
[01:25:49.240 --> 01:25:53.200]  Barrett, do you have any clue how telephones work?
[01:25:53.200 --> 01:25:55.400]  Yeah.
[01:25:55.400 --> 01:25:59.400]  You know the phone company can actually tell you what numbers, call what numbers?
[01:25:59.400 --> 01:26:03.040]  Right, but it takes some weeks to pull up that information.
[01:26:03.040 --> 01:26:05.800]  Barrett, I'll go through with this here.
[01:26:05.800 --> 01:26:07.400]  There was no proof.
[01:26:07.400 --> 01:26:08.400]  No proof.
[01:26:08.400 --> 01:26:09.400]  Dude.
[01:26:09.400 --> 01:26:14.800]  Dude, it's time to get proof.
[01:26:14.800 --> 01:26:18.640]  Go to the phone company and get your dang phone records.
[01:26:18.640 --> 01:26:25.640]  Well, as soon as clearly she had called me several times, but I had to hold her back
[01:26:25.640 --> 01:26:29.680]  because I thought, Barrett, are you listening to what I'm saying?
[01:26:29.680 --> 01:26:30.960]  We'll get proof of who called me.
[01:26:30.960 --> 01:26:37.040]  What you're saying is irrelevant until you can prove it with documentation.
[01:26:37.040 --> 01:26:44.840]  But there, okay, get the phone records.
[01:26:44.840 --> 01:26:46.320]  And I don't have an internet.
[01:26:46.320 --> 01:26:50.760]  How can I get these these papers called a phone company, dude?
[01:26:50.760 --> 01:26:58.320]  I need a listing of all the calls made on my phone between this date and this date.
[01:26:58.320 --> 01:27:04.840]  Send it in printed form to this address called her back after she called me several times.
[01:27:04.840 --> 01:27:10.880]  Look, Barrett, either listen and do or sit there in your room and whine.
[01:27:10.880 --> 01:27:11.880]  All right.
[01:27:11.880 --> 01:27:16.960]  I'm not going to be able to help you if you're not going to listen to what I'm telling you.
[01:27:16.960 --> 01:27:18.680]  Start with the phone records.
[01:27:18.680 --> 01:27:22.200]  Okay, there's a detective if I can call for that.
[01:27:22.200 --> 01:27:23.200]  All right.
[01:27:23.200 --> 01:27:24.200]  Well, thank you.
[01:27:24.200 --> 01:27:30.440]  Is there a book or something I can get so I can learn this or is just a law library?
[01:27:30.440 --> 01:27:32.160]  Is there someone that helps you in...
[01:27:32.160 --> 01:27:41.120]  I'm wanting to learn, Barrett, to show you how to navigate this matrix of law.
[01:27:41.120 --> 01:27:48.880]  Yeah, you read whatever constitutes the type of law and information you're needing.
[01:27:48.880 --> 01:27:53.240]  If it's criminal, then you look in whatever works as the code of criminal procedure for
[01:27:53.240 --> 01:27:55.400]  whatever state you're dealing with.
[01:27:55.400 --> 01:27:56.960]  Okay, I just...
[01:27:56.960 --> 01:27:57.960]  Okay.
[01:27:57.960 --> 01:27:58.960]  All right.
[01:27:58.960 --> 01:27:59.960]  Well, that's where you start.
[01:27:59.960 --> 01:28:04.240]  You look at whatever constitutes the penal code if you're being charged with a crime
[01:28:04.240 --> 01:28:08.800]  so you know what the elements of the crime are and whether or not it's possible for you
[01:28:08.800 --> 01:28:11.440]  to have ever committed it.
[01:28:11.440 --> 01:28:16.880]  For instance, this violation of a contact order, do you know what the requirements under
[01:28:16.880 --> 01:28:20.040]  law are to violate such an order?
[01:28:20.040 --> 01:28:25.680]  Well, I didn't know that if I answered her call to me...
[01:28:25.680 --> 01:28:26.680]  Wait.
[01:28:26.680 --> 01:28:28.160]  I'm not asking you what you were told.
[01:28:28.160 --> 01:28:33.240]  I'm asking you what you've read for yourself.
[01:28:33.240 --> 01:28:39.640]  Have you read what the law says constitutes a violation of a contact order?
[01:28:39.640 --> 01:28:46.640]  Okay, I think in Oregon, it also includes answering when they call you.
[01:28:46.640 --> 01:28:47.640]  Barrett.
[01:28:47.640 --> 01:28:48.640]  Barrett.
[01:28:48.640 --> 01:28:49.640]  I don't know.
[01:28:49.640 --> 01:28:50.640]  I haven't read it.
[01:28:50.640 --> 01:28:51.640]  I don't know.
[01:28:51.640 --> 01:28:52.640]  Okay.
[01:28:52.640 --> 01:28:53.840]  That's the answer I'm looking for.
[01:28:53.840 --> 01:28:54.840]  I don't know.
[01:28:54.840 --> 01:28:55.840]  I haven't read it.
[01:28:55.840 --> 01:28:57.840]  Go read it.
[01:28:57.840 --> 01:28:58.840]  All right.
[01:28:58.840 --> 01:28:59.840]  Thanks, guys.
[01:28:59.840 --> 01:29:00.840]  Okay.
[01:29:00.840 --> 01:29:01.840]  Have a nice day.
[01:29:01.840 --> 01:29:02.840]  All right.
[01:29:02.840 --> 01:29:03.840]  Okay.
[01:29:03.840 --> 01:29:06.240]  That was interesting.
[01:29:06.240 --> 01:29:08.440]  Now, let's see.
[01:29:08.440 --> 01:29:10.120]  We have Mike in Texas.
[01:29:10.120 --> 01:29:12.120]  Mike, what can we do for you?
[01:29:12.120 --> 01:29:13.120]  Hey.
[01:29:13.120 --> 01:29:14.640]  How's it going, Eddie?
[01:29:14.640 --> 01:29:15.640]  Great.
[01:29:15.640 --> 01:29:16.640]  What's up?
[01:29:16.640 --> 01:29:20.320]  Well, I got kind of a question.
[01:29:20.320 --> 01:29:27.320]  I think it's not 100 percent easy to answer, but I just thought I would try.
[01:29:27.320 --> 01:29:28.320]  Okay.
[01:29:28.320 --> 01:29:38.920]  I had a car that was recently salvaged, it was declared a salvage title, and I'm wondering
[01:29:38.920 --> 01:29:43.440]  it may or may not have been declared a salvage title, but it's a total loss by the insurance
[01:29:43.440 --> 01:29:49.200]  company, and I'm wondering what legal process I need to do to return it to legal driving
[01:29:49.200 --> 01:29:50.200]  state.
[01:29:50.200 --> 01:29:51.200]  Okay.
[01:29:51.200 --> 01:29:52.200]  All right.
[01:29:52.200 --> 01:29:55.200]  We'll hang on just a minute and we'll answer that on the other side as best we can.
[01:29:55.200 --> 01:29:59.440]  This is Rule of Law Radio, we'll be right back.
[01:29:59.440 --> 01:30:04.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:30:04.840 --> 01:30:07.200]  The government says that fire brought it down.
[01:30:07.200 --> 01:30:11.880]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:30:11.880 --> 01:30:15.880]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:30:15.880 --> 01:30:17.320]  force responders have died.
[01:30:17.320 --> 01:30:21.160]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:30:21.160 --> 01:30:23.800]  I'm an Air Force pilot, I'm a father who lost his son.
[01:30:23.800 --> 01:30:26.360]  We're Americans, and we deserve the truth.
[01:30:26.360 --> 01:30:28.800]  Go to RememberBuilding7.org today.
[01:30:28.800 --> 01:30:38.600]  If you saw a neighbor struggling with heavy furniture, would you stop and offer to help?
[01:30:38.600 --> 01:30:40.800]  One man did and got a huge surprise.
[01:30:40.800 --> 01:30:46.280]  I'm Dr. Catherine Albright, back with the tale of the Good Samaritan and the Heavy TV,
[01:30:46.280 --> 01:30:47.280]  next.
[01:30:47.280 --> 01:30:49.440]  Privacy is under attack.
[01:30:49.440 --> 01:30:53.040]  When you give up data about yourself, you'll never get it back again.
[01:30:53.040 --> 01:30:58.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:58.040 --> 01:31:03.040]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:31:03.040 --> 01:31:05.800]  Privacy, it's worth hanging on to.
[01:31:05.800 --> 01:31:11.440]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:31:11.440 --> 01:31:13.120]  Yahoo, and Bing.
[01:31:13.120 --> 01:31:15.200]  Start over with StartPage.
[01:31:15.200 --> 01:31:20.400]  Imagine you're coming home from work when you see someone lugging a huge TV down the
[01:31:20.400 --> 01:31:21.400]  sidewalk.
[01:31:21.400 --> 01:31:25.080]  Would you pity the guy and help out, or would you drive on past?
[01:31:25.080 --> 01:31:29.480]  One Delaware Good Samaritan did the right thing when he lent a hand to a stranger, struggling
[01:31:29.480 --> 01:31:31.280]  to carry a flat screen TV.
[01:31:31.280 --> 01:31:33.200]  Then he noticed this.
[01:31:33.200 --> 01:31:37.280]  The door of his house was ajar, and the television was his.
[01:31:37.280 --> 01:31:38.280]  Picture the scene.
[01:31:38.280 --> 01:31:40.360]  Thief and victim lock stairs.
[01:31:40.360 --> 01:31:42.400]  Thief dumps the TV in bolts.
[01:31:42.400 --> 01:31:45.880]  Victim chases thief, dialing 911 on his cell phone.
[01:31:45.880 --> 01:31:49.480]  Police respond quickly and nab the thief and his getaway driver.
[01:31:49.480 --> 01:31:51.680]  With the moral to the story, lend a hand.
[01:31:51.680 --> 01:31:52.680]  Some good might come of it.
[01:31:52.680 --> 01:31:57.680]  I'm Dr. Catherine Albright for StartPage.com, the world's most private search engine.
[01:31:57.680 --> 01:32:02.680]  Yeah, and who you want to check, will you take me for free, darling?
[01:32:02.680 --> 01:32:11.680]  I want you, man, for free, darling, you can't check me, all my friends, don't let them check
[01:32:11.680 --> 01:32:15.680]  you in the morning, check you in the evening, put that check in there, your buddy, and then
[01:32:15.680 --> 01:32:22.680]  you can check me in the evening.
[01:32:22.680 --> 01:32:24.680]  I have folks, we are back.
[01:32:24.680 --> 01:32:25.680]  This is Rule 1 Radio.
[01:32:25.680 --> 01:32:27.680]  We got about a half an hour left in the show.
[01:32:27.680 --> 01:32:30.680]  Right now, we are talking to Mike in Texas.
[01:32:30.680 --> 01:32:36.680]  Okay, Mike, on this, by any chance, is this the issue we talked about where you're making
[01:32:36.680 --> 01:32:40.680]  a claim on the other party's insurance for the damage to your car?
[01:32:40.680 --> 01:32:42.680]  Well, I have done that.
[01:32:42.680 --> 01:32:45.680]  Pay, mid-value for my car.
[01:32:45.680 --> 01:32:52.680]  Getting them to pay is a little issue, but I believe that the check is probably in the
[01:32:52.680 --> 01:32:57.680]  mail, so I'm kind of juggling some things in the interim.
[01:32:57.680 --> 01:33:05.680]  No mechanical damage occurred to the car, really, other than it popped out of headlight.
[01:33:05.680 --> 01:33:16.680]  But because the damage exceeded 70% of the value of the car, the fair market value, it
[01:33:16.680 --> 01:33:18.680]  was declared a total loss.
[01:33:18.680 --> 01:33:21.680]  But you're saying they're paying you mid-value?
[01:33:21.680 --> 01:33:22.680]  Yes.
[01:33:22.680 --> 01:33:25.680]  As if it was brand new.
[01:33:25.680 --> 01:33:31.680]  Well, they're paying me mid-value for the year and miles.
[01:33:31.680 --> 01:33:32.680]  Okay.
[01:33:32.680 --> 01:33:37.680]  All right, so what you're wanting to know is how to use that money to get it back on the
[01:33:37.680 --> 01:33:38.680]  road?
[01:33:38.680 --> 01:33:40.680]  Well, the car has been repaired.
[01:33:40.680 --> 01:33:44.680]  Really, there was just a little bit of cosmetic damage.
[01:33:44.680 --> 01:33:51.680]  But I'm wondering what legal issues are involved once the car...
[01:33:51.680 --> 01:33:52.680]  There shouldn't be any.
[01:33:52.680 --> 01:33:54.680]  The car has not changed hands.
[01:33:54.680 --> 01:33:55.680]  Okay.
[01:33:55.680 --> 01:34:00.680]  I'm just wondering if it's declared a salvage vehicle because it was put to loss.
[01:34:00.680 --> 01:34:04.680]  Well, that only matters if it's being sold and transferred.
[01:34:04.680 --> 01:34:05.680]  Okay.
[01:34:05.680 --> 01:34:12.680]  Otherwise, the only thing they can do is ask you to produce your title to register it again,
[01:34:12.680 --> 01:34:14.680]  and that's what you're going to do.
[01:34:14.680 --> 01:34:19.680]  The car has been repaired by a body shop company, so on and so forth.
[01:34:19.680 --> 01:34:20.680]  Here's all the receipts.
[01:34:20.680 --> 01:34:22.680]  Here's the salvage title.
[01:34:22.680 --> 01:34:24.680]  I just need to get it registered.
[01:34:24.680 --> 01:34:27.680]  And that should be all there is to it.
[01:34:27.680 --> 01:34:28.680]  Okay.
[01:34:28.680 --> 01:34:34.680]  I think I'm supposed to get the original title, turn it into the state, and then they will
[01:34:34.680 --> 01:34:38.680]  issue a new certificate of title and add them to it.
[01:34:38.680 --> 01:34:40.680]  No, it will not be a new one.
[01:34:40.680 --> 01:34:44.680]  Now, who told you it was put into a salvage title?
[01:34:44.680 --> 01:34:49.680]  Well, I've just been going to the website on the state.
[01:34:49.680 --> 01:34:55.680]  I'm trying to follow whatever laws they describe when it's declared a total loss.
[01:34:55.680 --> 01:34:56.680]  Okay.
[01:34:56.680 --> 01:35:01.680]  The insurance declaring it a total loss does not necessarily automatically put it into a
[01:35:01.680 --> 01:35:03.680]  salvage title state.
[01:35:03.680 --> 01:35:04.680]  Okay.
[01:35:04.680 --> 01:35:05.680]  All right.
[01:35:05.680 --> 01:35:13.680]  You need to see how the Department of Transportation has it registered first.
[01:35:13.680 --> 01:35:14.680]  Okay.
[01:35:14.680 --> 01:35:18.680]  So I would start with them and ask them.
[01:35:18.680 --> 01:35:20.680]  The car has not changed hands.
[01:35:20.680 --> 01:35:21.680]  I'm still the same owner.
[01:35:21.680 --> 01:35:23.680]  It was repaired after collision.
[01:35:23.680 --> 01:35:25.680]  The insurance company's paying for it.
[01:35:25.680 --> 01:35:27.680]  It's roadworthy again.
[01:35:27.680 --> 01:35:30.680]  What do I need to do?
[01:35:30.680 --> 01:35:35.680]  Now, take what they tell you with a grain of salt and everything they tell you, say,
[01:35:35.680 --> 01:35:39.680]  can you tell me what statutes you're using to make that determination?
[01:35:39.680 --> 01:35:41.680]  Then go read it, of course.
[01:35:41.680 --> 01:35:43.680]  Okay.
[01:35:43.680 --> 01:35:51.680]  They're asking for photographs as proof of repair, also any invoices for documents.
[01:35:51.680 --> 01:35:56.680]  And all that should have been done by the body shop.
[01:35:56.680 --> 01:36:04.680]  And then the last thing is the insurance company is wanting an affidavit of roadworthiness.
[01:36:04.680 --> 01:36:08.680]  Well, that's something the body shop will have to supply.
[01:36:08.680 --> 01:36:10.680]  They're not wanting to necessarily do that.
[01:36:10.680 --> 01:36:11.680]  Why?
[01:36:11.680 --> 01:36:20.680]  I just asked them today and they declined willingly providing that documentation.
[01:36:20.680 --> 01:36:27.680]  So what they're trying to tell you is we're not sure we fixed it correctly so it'll be roadworthy?
[01:36:27.680 --> 01:36:31.680]  They're not willing to put that in paper, I guess.
[01:36:31.680 --> 01:36:32.680]  Okay.
[01:36:32.680 --> 01:36:39.680]  Then what I'd be doing is saying, if you guys aren't willing to certify that you repaired it properly
[01:36:39.680 --> 01:36:49.680]  so that it can be properly used on the road, then I have to infer that to mean that you know you did not repair the car properly.
[01:36:49.680 --> 01:36:58.680]  So who should I sue first?
[01:36:58.680 --> 01:36:59.680]  Okay.
[01:36:59.680 --> 01:37:00.680]  Okay.
[01:37:00.680 --> 01:37:08.680]  Don't let them decline when they're obligated to say, yeah, we fixed it correctly for you.
[01:37:08.680 --> 01:37:09.680]  Okay.
[01:37:09.680 --> 01:37:10.680]  Okay.
[01:37:10.680 --> 01:37:11.680]  Sounds good.
[01:37:11.680 --> 01:37:12.680]  Yep.
[01:37:12.680 --> 01:37:14.680]  I'm just trying to get the next part.
[01:37:14.680 --> 01:37:15.680]  Thank you very much.
[01:37:15.680 --> 01:37:16.680]  All right.
[01:37:16.680 --> 01:37:17.680]  Bye-bye.
[01:37:17.680 --> 01:37:18.680]  Bye-bye.
[01:37:18.680 --> 01:37:22.680]  We're going to go to David in Illinois and then we've got Jesse in Texas.
[01:37:22.680 --> 01:37:24.680]  David, what can we do for you?
[01:37:24.680 --> 01:37:26.680]  Good evening, any?
[01:37:26.680 --> 01:37:28.680]  I've got some questions for you.
[01:37:28.680 --> 01:37:30.680]  I'll try and be as quick as I possibly can.
[01:37:30.680 --> 01:37:31.680]  Okay.
[01:37:31.680 --> 01:37:46.680]  As far as the procedure of Illinois for taking one directly before a judge, can I read the
[01:37:46.680 --> 01:37:51.680]  quote-come-up procedure to you and have you give me an idea if you think it's exactly the
[01:37:51.680 --> 01:37:54.680]  same thing or close to the same thing in Texas?
[01:37:54.680 --> 01:37:58.680]  Well, punctuation can make a difference in how that works, but we can try.
[01:37:58.680 --> 01:37:59.680]  Okay.
[01:37:59.680 --> 01:38:00.680]  Okay.
[01:38:00.680 --> 01:38:05.680]  109-1A, person arrested.
[01:38:05.680 --> 01:38:07.680]  This is under preliminary examination.
[01:38:07.680 --> 01:38:15.680]  A person arrested with or without warrant shall be taken without necessary delay before the nearest and most accessible judge in that county.
[01:38:15.680 --> 01:38:24.680]  Except one such county is participant in a regional jail authority in which a person may be taken
[01:38:24.680 --> 01:38:31.680]  to the nearest and most accessible judge irrespective of the county where such judge presides and a charge shall be filed.
[01:38:31.680 --> 01:38:38.680]  Whenever a person arrested either with or without warrant is required to be taken before a judge, a charge may be filed
[01:38:38.680 --> 01:38:43.680]  against such person by way of a two-way closed circuit television system.
[01:38:43.680 --> 01:38:46.680]  Accept that a hearing to deny bail.
[01:38:46.680 --> 01:38:56.680]  Now, it says in the preliminary examination proceedings, the judge shall, colon, inform the defendant of the charge against him and shall
[01:38:56.680 --> 01:38:58.680]  provide him with a copy of the charge.
[01:38:58.680 --> 01:39:02.680]  Now, that goes to what you guys were talking about earlier tonight, right?
[01:39:02.680 --> 01:39:03.680]  Right.
[01:39:03.680 --> 01:39:04.680]  Yeah, that they don't have notice.
[01:39:04.680 --> 01:39:05.680]  Okay.
[01:39:05.680 --> 01:39:13.680]  The defendant of his rights to counsel and if an indigent shall appoint him, defendant or public defender, so on and so forth,
[01:39:13.680 --> 01:39:21.680]  schedule a preliminary hearing in appropriate cases and admit the defendant to bail in accordance with the provisions of such code.
[01:39:21.680 --> 01:39:28.680]  And then see the court may issue an order of protection in accordance with provisions of article 112A.
[01:39:28.680 --> 01:39:34.680]  And I looked up 112A and it has to do with domestic disputes where obviously there's keeping them out of the way.
[01:39:34.680 --> 01:39:41.680]  Now, I got a two tickets.
[01:39:41.680 --> 01:39:42.680]  Well, actually, you know what?
[01:39:42.680 --> 01:39:46.680]  I'll leave the timeline for another time because we're short on time here.
[01:39:46.680 --> 01:39:53.680]  Does that seem to jive with you in the same way that they have to take you directly before a judge without delay?
[01:39:53.680 --> 01:39:54.680]  Yes.
[01:39:54.680 --> 01:39:59.680]  Was there anything there that even seemed remotely that they could possibly change that?
[01:39:59.680 --> 01:40:09.680]  Yeah, that seems to be exactly what it says in most statutory schemes, shall means must.
[01:40:09.680 --> 01:40:10.680]  Right.
[01:40:10.680 --> 01:40:14.680]  Okay, that's precisely how I thought as well.
[01:40:14.680 --> 01:40:19.680]  Okay, so that's a violation of due process right there.
[01:40:19.680 --> 01:40:26.680]  Well, that's a violation of state law, which also happens to impede on the right to due process.
[01:40:26.680 --> 01:40:29.680]  You've actually got two due process violations.
[01:40:29.680 --> 01:40:32.680]  You were never informed of your rights.
[01:40:32.680 --> 01:40:39.680]  Information was taken from you that could be used against you in a court of law without you being advised of those rights.
[01:40:39.680 --> 01:40:46.680]  And you were not given proper notice of the charge against you in a timely, sufficient manner.
[01:40:46.680 --> 01:40:59.680]  Yeah, and I went, I sat for, I sat for three days over the weekend and Monday and then on Tuesday they did this whatever TV port thing that they do.
[01:40:59.680 --> 01:41:05.680]  And I asked everybody around in a jail and the day of whatever, I said, I said, what is this?
[01:41:05.680 --> 01:41:07.680]  I said, what kind of trial is this?
[01:41:07.680 --> 01:41:08.680]  I said, oh, it's just a bond hearing.
[01:41:08.680 --> 01:41:09.680]  I said, okay, fine.
[01:41:09.680 --> 01:41:14.680]  Well, if that wasn't the preliminary examination then, then that's...
[01:41:14.680 --> 01:41:17.680]  Well, they try to do the same thing here in Texas and take things out of sequence.
[01:41:17.680 --> 01:41:19.680]  It's not a bond hearing.
[01:41:19.680 --> 01:41:27.680]  Here in Texas, that first appearance must be in accordance with 1517, which is the registration proceeding.
[01:41:27.680 --> 01:41:33.680]  Right, and that's how I see this as being in accordance with the connection to Texas law as being that same.
[01:41:33.680 --> 01:41:36.680]  And I would agree with you based upon what you read.
[01:41:36.680 --> 01:41:37.680]  Okay, excellent.
[01:41:37.680 --> 01:41:39.680]  Okay, now I'd like to continue.
[01:41:39.680 --> 01:41:44.680]  I gave the officer a judicial notice at the stop.
[01:41:44.680 --> 01:41:51.680]  It's nowhere near as well as constructed as the one you have in your seminar material, but I did give it.
[01:41:51.680 --> 01:41:55.680]  Now the officer has it.
[01:41:55.680 --> 01:42:01.680]  Does that have to be shown, does that have to be presented to the grand jury when they bring indictment?
[01:42:01.680 --> 01:42:06.680]  Well, he has to have it available to be produced as evidence from a criminal investigation.
[01:42:06.680 --> 01:42:09.680]  That's the whole reason you're giving it to him.
[01:42:09.680 --> 01:42:14.680]  I always qualify it when I hand them that, and they, once it's in their hand, I say,
[01:42:14.680 --> 01:42:17.680]  you are now obligated to protect that document with your life.
[01:42:17.680 --> 01:42:19.680]  It is evidence in a criminal investigation.
[01:42:19.680 --> 01:42:24.680]  Failure to protect it will result in criminal charges being filed against you.
[01:42:24.680 --> 01:42:27.680]  I know because I'm the one who's going to file them.
[01:42:27.680 --> 01:42:28.680]  Yeah, I had that in my notice.
[01:42:28.680 --> 01:42:34.680]  I said, willful violation or, sorry, willful, what is it?
[01:42:34.680 --> 01:42:35.680]  Destruction.
[01:42:35.680 --> 01:42:36.680]  Yeah, destruction.
[01:42:36.680 --> 01:42:37.680]  More tampering.
[01:42:37.680 --> 01:42:38.680]  It's a felony right.
[01:42:38.680 --> 01:42:39.680]  I had that in mind.
[01:42:39.680 --> 01:42:43.680]  Okay.
[01:42:43.680 --> 01:42:48.680]  Now when I went to the booking procedure, I did state to the officer because I said,
[01:42:48.680 --> 01:42:50.680]  I have some things that I'd like to state for the record.
[01:42:50.680 --> 01:42:57.680]  And I watched her type in exactly what I was saying, and I said it very clearly and very slowly.
[01:42:57.680 --> 01:43:03.680]  I said that I do not consent to be nor be sure for any person, any fiction of law.
[01:43:03.680 --> 01:43:11.680]  And that while I'm in this jail, I will consider any orders.
[01:43:11.680 --> 01:43:19.680]  I would consider anyone that asked me anything to be an order and that every act I carry out under those orders will be under protest and arrest.
[01:43:19.680 --> 01:43:26.680]  Now, is that sufficient to hold proper standing right from the beginning?
[01:43:26.680 --> 01:43:28.680]  Well, I don't know.
[01:43:28.680 --> 01:43:31.680]  What is it you're trying to preserve?
[01:43:31.680 --> 01:43:43.680]  Well, I'm trying to preserve the fact that I don't consent to be here and that I did specifically say to her many times I wish to be taken directly before a judge or magistrate.
[01:43:43.680 --> 01:43:45.680]  So, okay.
[01:43:45.680 --> 01:43:51.680]  Well, hang on just a minute and we'll finish that answer up for you on the other side, Pat or David.
[01:43:51.680 --> 01:43:52.680]  Hang on.
[01:43:52.680 --> 01:43:53.680]  We'll be right back.
[01:43:53.680 --> 01:43:54.680]  All right, folks.
[01:43:54.680 --> 01:43:55.680]  This is Rule of Law Radio.
[01:43:55.680 --> 01:43:56.680]  We're going to break.
[01:43:56.680 --> 01:43:59.680]  We'll be right back.
[01:43:59.680 --> 01:44:00.680]  Hey, did you hear?
[01:44:00.680 --> 01:44:02.680]  Ron Paul has announced he's running for president in 2012.
[01:44:02.680 --> 01:44:03.680]  It is Ron Paul.
[01:44:03.680 --> 01:44:04.680]  Really?
[01:44:04.680 --> 01:44:06.680]  Okay, put down the cell phone for one minute.
[01:44:06.680 --> 01:44:09.680]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:09.680 --> 01:44:12.680]  Oh, but I love to make those little smiley faces with punctuation marks.
[01:44:12.680 --> 01:44:13.680]  Of course you do.
[01:44:13.680 --> 01:44:14.680]  Now, listen closely.
[01:44:14.680 --> 01:44:19.680]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:19.680 --> 01:44:22.680]  They have all of his books and many of the books he talks about.
[01:44:22.680 --> 01:44:27.680]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:27.680 --> 01:44:28.680]  Brave New Books?
[01:44:28.680 --> 01:44:30.680]  Do they have Harry Potter and Twilight?
[01:44:30.680 --> 01:44:36.680]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.680 --> 01:44:38.680]  Ugh, that sounds like that show on the Discovery Channel.
[01:44:38.680 --> 01:44:46.680]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[01:44:46.680 --> 01:44:47.680]  What are you doing?
[01:44:47.680 --> 01:44:52.680]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:44:52.680 --> 01:44:53.680]  Where's it located?
[01:44:53.680 --> 01:44:54.680]  1904, Guadalupe Street.
[01:44:54.680 --> 01:44:55.680]  There, it's set.
[01:44:55.680 --> 01:44:57.680]  I even made a smiley face.
[01:44:57.680 --> 01:44:58.680]  Great.
[01:45:27.680 --> 01:45:30.680]  For daily intake, it is perfect to add to your storage shelter.
[01:45:30.680 --> 01:45:34.680]  We urge our listeners to please visit us at hempusa.org.
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[01:46:15.680 --> 01:46:17.680]  Alright folks, we are back.
[01:46:17.680 --> 01:46:18.680]  This is Rural Law Radio.
[01:46:18.680 --> 01:46:20.680]  We are in our last segment here.
[01:46:20.680 --> 01:46:24.680]  We're going to try to finish up with David and get to Jesse before we run out of time.
[01:46:24.680 --> 01:46:27.680]  Vince, if we have time, we'll try to get you again.
[01:46:27.680 --> 01:46:28.680]  Hang on.
[01:46:28.680 --> 01:46:31.680]  Alright David, let's see if we can finish this up.
[01:46:31.680 --> 01:46:32.680]  Okay.
[01:46:32.680 --> 01:46:34.680]  Well, I guess you got two more callers.
[01:46:34.680 --> 01:46:37.680]  There's one last thing that I'd like you to answer if possible.
[01:46:37.680 --> 01:46:44.680]  Is there a way to fix your own record on things that you may have failed to object to in court?
[01:46:44.680 --> 01:46:45.680]  And is there a time?
[01:46:45.680 --> 01:46:49.680]  Yeah, you can always file an amended pleading if you did it in writing.
[01:46:49.680 --> 01:46:53.680]  Or you can file a written pleading if all you did was do it orally.
[01:46:53.680 --> 01:47:00.680]  Okay, so what would be the structure of that?
[01:47:00.680 --> 01:47:06.680]  It's simply emotion or an affidavit depending upon what it is you're trying to accomplish.
[01:47:06.680 --> 01:47:10.680]  If you're just trying to preserve the record, you can do it in an affidavit.
[01:47:10.680 --> 01:47:19.680]  If you're trying to move the court to do something based upon facts at issue or other things at issue, then you do it in emotion.
[01:47:19.680 --> 01:47:34.680]  Okay, because what happened was that it ended up being that I filed or no, I didn't file that the public defender wrote something up.
[01:47:34.680 --> 01:47:41.680]  And he said, here, this is just something so you can dismiss me because I said I'd rather take care of these matters myself.
[01:47:41.680 --> 01:47:45.680]  But then, of course, like an idiot, I didn't read it properly.
[01:47:45.680 --> 01:47:51.680]  I didn't read it because the judge was sitting there saying things to me at the same time.
[01:47:51.680 --> 01:47:58.680]  And some of the things that he wrote in there were things that I didn't actually want.
[01:47:58.680 --> 01:48:09.680]  It actually said upon this individual's motion, such and such and such and such, and it wasn't something that I wanted done.
[01:48:09.680 --> 01:48:16.680]  So based on that, would that be something that I'd, would you go motion or would you go affidavit?
[01:48:16.680 --> 01:48:27.680]  Well, the thing is, if you've dismissed the public defender after they've assigned them, then your next problem is, will they give you another one?
[01:48:27.680 --> 01:48:33.680]  It's not so much about the dismissal of the public defender. That's not my problem that was in it. It was something else that was said in it.
[01:48:33.680 --> 01:48:35.680]  Did you sign it?
[01:48:35.680 --> 01:48:36.680]  Yeah.
[01:48:36.680 --> 01:48:38.680]  Okay, then you may have a problem.
[01:48:38.680 --> 01:48:40.680]  Yeah, okay.
[01:48:40.680 --> 01:48:54.680]  Okay, now you can put in an affidavit stating that you were, you felt compelled to do this because of the circumstances and the judge and all this other kind of stuff.
[01:48:54.680 --> 01:49:08.680]  But you better be sure your facts when you put them in that affidavit, then you can file a separate motion to redact that and see if the court will grant it and assign you new, a new representation.
[01:49:08.680 --> 01:49:11.680]  But I would not hold my breath in that area.
[01:49:11.680 --> 01:49:12.680]  No.
[01:49:12.680 --> 01:49:16.680]  Or if the court is willing to do something about the areas you are concerned about.
[01:49:16.680 --> 01:49:17.680]  Okay.
[01:49:17.680 --> 01:49:23.680]  And one last little quick thing, and if you want me to get off, I will, but I'll get you back on Thursday.
[01:49:23.680 --> 01:49:27.680]  Does a Frank's hearing have the same name in every state or no?
[01:49:27.680 --> 01:49:33.680]  Yeah, because it's based upon a Supreme Court case regarding the issues in the case.
[01:49:33.680 --> 01:49:34.680]  Okay.
[01:49:34.680 --> 01:49:36.680]  So that's going to be in statute somewhere.
[01:49:36.680 --> 01:49:39.680]  It won't be called a Frank's hearing anywhere.
[01:49:39.680 --> 01:49:40.680]  Okay.
[01:49:40.680 --> 01:49:42.680]  That's just the way it's referred to.
[01:49:42.680 --> 01:49:43.680]  Okay.
[01:49:43.680 --> 01:49:57.680]  Every state may call it by a different proceeding name, but if you reference it as a Frank's hearing, they'll know what you're talking about and be able to tell you, yeah, that's covered here.
[01:49:57.680 --> 01:49:59.680]  Okay.
[01:49:59.680 --> 01:50:06.680]  I would start with the state law library and see what they can tell you about it.
[01:50:06.680 --> 01:50:08.680]  Okay.
[01:50:08.680 --> 01:50:19.680]  And last thing, what's the best way to find a case on point in your state about the procedure of not being taken directly before a judge?
[01:50:19.680 --> 01:50:23.680]  The annotated statute books.
[01:50:23.680 --> 01:50:32.680]  If you go into the annotated books, it has case law for virtually every section or article there is in the statute.
[01:50:32.680 --> 01:50:33.680]  Okay.
[01:50:33.680 --> 01:50:44.680]  If there is no case law, then you can go to the librarian and say, hey, can you look and see if there's any case law associated with this particular statute?
[01:50:44.680 --> 01:50:55.680]  And they should, if it's a law, excuse me, if it's a law library, especially, they should have access to Lexis or Westlaw and be able to pull that up and tell you.
[01:50:55.680 --> 01:50:56.680]  Okay.
[01:50:56.680 --> 01:50:57.680]  Okay.
[01:50:57.680 --> 01:50:58.680]  Thanks for that.
[01:50:58.680 --> 01:51:04.680]  And now I'll get the rest of my, I'll get you back on Thursday, the rest of the question to finish this up so you guys can get done tonight.
[01:51:04.680 --> 01:51:05.680]  Thanks.
[01:51:05.680 --> 01:51:06.680]  Thanks, David.
[01:51:06.680 --> 01:51:07.680]  Yep.
[01:51:07.680 --> 01:51:08.680]  All right.
[01:51:08.680 --> 01:51:10.680]  This takes us to Jesse in Texas.
[01:51:10.680 --> 01:51:13.680]  Jesse, what can we do for you?
[01:51:13.680 --> 01:51:14.680]  Hi, Eddie.
[01:51:14.680 --> 01:51:15.680]  How are you doing?
[01:51:15.680 --> 01:51:16.680]  I'm doing all right.
[01:51:16.680 --> 01:51:17.680]  What can we do for you?
[01:51:17.680 --> 01:51:18.680]  Yeah.
[01:51:18.680 --> 01:51:32.680]  I was just, well, I had, well, I still have two outstanding warrant and I went to Harlingen, Texas.
[01:51:32.680 --> 01:51:33.680]  Uh-huh.
[01:51:33.680 --> 01:51:57.680]  My wife is getting her citizenship and we're moving to court to San Antonio and of course, while we were trying, I mean, she had a bond with her and her documentation, but I no longer have a current driver's license.
[01:51:57.680 --> 01:52:10.680]  And I was driving without my insurance from my private property and at the, uh, this was the U.S. Border Patrolman.
[01:52:10.680 --> 01:52:21.680]  So when they asked me to give them the IDs, I mean, because, you know, they asked me if I was a citizen and of course I did tell them that I am a, you know, a state citizen.
[01:52:21.680 --> 01:52:36.680]  And then we presented the other documentation for the bond and then that's where they just kind of, then that's when they asked for an ID for me and a driver's license.
[01:52:36.680 --> 01:52:58.680]  I went ahead and pulled over and basically just gave them the driver's license number and then once they rang, I mean, you know, and then they also took me in and, you know, they gave me the whole, you know, like routine, like I would want it by them and they fingerprinted me.
[01:52:58.680 --> 01:53:10.680]  And then, you know, of course, they asked me a whole bunch of questions and then after the Border Patrolman, you know, I mean, I was cleared with them.
[01:53:10.680 --> 01:53:13.680]  Jesse, they arrested you for no license?
[01:53:13.680 --> 01:53:15.680]  No, no, I was not arrested.
[01:53:15.680 --> 01:53:17.680]  No.
[01:53:17.680 --> 01:53:18.680]  Okay.
[01:53:18.680 --> 01:53:46.680]  The Border Patrolman let me go and then, but they did call the sheriff, a deputy, came out there and of course he found out or he knew that I had an outstanding warrant and of course no driver's license and no insurance.
[01:53:46.680 --> 01:54:05.680]  And then he just, but he didn't give me no ticket, you know, I mean, he was grilling me for, you know, pretty much two hours and then he said, well, I'm not going to give you a ticket because I mean, I was like, you know, I mean, but he says what I'm going to do is impound your vehicle.
[01:54:05.680 --> 01:54:18.680]  And, you know, and I was asking, you know, under what right or what law did they have and he didn't give me anything in writing and he just said, you know, he's got to be lucky.
[01:54:18.680 --> 01:54:25.680]  I mean, cancer, you know, but I'm being nice to you and I'm not arresting you.
[01:54:25.680 --> 01:54:44.680]  But, you know, I mean, he did not arrest me, but I wasn't moving at the time because it was the, you know, the Border Patrolman last been pulled over and when he came out there to visit, you know, I mean, well, my vehicle is not moving.
[01:54:44.680 --> 01:54:47.680]  So there was no moving violation.
[01:54:47.680 --> 01:54:53.680]  And but he just went ahead and then kind of my vehicle.
[01:54:53.680 --> 01:54:58.680]  I was trying to find out, you know, there anything that I can do about that.
[01:54:58.680 --> 01:55:03.680]  What was his probable cause to take your car?
[01:55:03.680 --> 01:55:13.680]  He just said that, uh, that basically he knew that I had a, you know, like a warrant.
[01:55:13.680 --> 01:55:14.680]  I mean, those two warrant.
[01:55:14.680 --> 01:55:15.680]  Okay.
[01:55:15.680 --> 01:55:16.680]  But here's his problem.
[01:55:16.680 --> 01:55:17.680]  Yes.
[01:55:17.680 --> 01:55:29.680]  He pulls you over, he knows there's an outstanding warrant, which he does not act on, which means the officer himself just committed a crime.
[01:55:29.680 --> 01:55:31.680]  He has no discretion.
[01:55:31.680 --> 01:55:35.680]  He was required to take you into custody right then.
[01:55:35.680 --> 01:55:37.680]  He didn't do that.
[01:55:37.680 --> 01:55:41.680]  In fact, he didn't charge you at all.
[01:55:41.680 --> 01:55:42.680]  Correct.
[01:55:42.680 --> 01:55:44.680]  He didn't even write you a ticket.
[01:55:44.680 --> 01:55:45.680]  Correct.
[01:55:45.680 --> 01:55:46.680]  That's correct.
[01:55:46.680 --> 01:56:00.680]  So instead he ignored a warrant for the purpose of stealing your car under the hopes that you would not report it because of the outstanding warrant.
[01:56:00.680 --> 01:56:01.680]  Yeah.
[01:56:01.680 --> 01:56:06.680]  So why are you not criminally complaining against his cop?
[01:56:06.680 --> 01:56:12.680]  Well, can I call the, um, the judge?
[01:56:12.680 --> 01:56:13.680]  What judge?
[01:56:13.680 --> 01:56:20.680]  I mean, I had to call the, uh, Sheriff's office the next, the following day because he didn't even give me his name.
[01:56:20.680 --> 01:56:26.680]  And then I did get a badge number and off the, the deputy's name.
[01:56:26.680 --> 01:56:32.680]  And they wouldn't give me much information, but they did give me the deputy's name.
[01:56:32.680 --> 01:56:38.680]  And then I talked to, I mean, then I called the judge and they wouldn't let me speak to any judge.
[01:56:38.680 --> 01:56:45.680]  But they said that he had a right to income the vehicle based on the warrant that he had.
[01:56:45.680 --> 01:56:46.680]  No, he didn't.
[01:56:46.680 --> 01:56:49.680]  Not if he's not going to arrest you under the warrant.
[01:56:49.680 --> 01:56:52.680]  The warrant does not authorize the seizure of the car.
[01:56:52.680 --> 01:56:56.680]  It authorizes the seizure of your body.
[01:56:56.680 --> 01:56:59.680]  Okay.
[01:56:59.680 --> 01:57:00.680]  All right.
[01:57:00.680 --> 01:57:05.680]  I mean, he should have given me like a ticket or a rest of me.
[01:57:05.680 --> 01:57:10.680]  He should have arrested you and could still have written the ticket.
[01:57:10.680 --> 01:57:11.680]  Okay.
[01:57:11.680 --> 01:57:12.680]  Yeah.
[01:57:12.680 --> 01:57:19.680]  But he's not, if of course all this applied to you to begin with, which it doesn't, but that's a whole other issue at this point.
[01:57:19.680 --> 01:57:23.680]  But he took your car under the warrant.
[01:57:23.680 --> 01:57:24.680]  No, sorry.
[01:57:24.680 --> 01:57:28.680]  The warrant did not authorize the seizure of the car.
[01:57:28.680 --> 01:57:32.680]  It authorized the seizure of the person.
[01:57:32.680 --> 01:57:36.680]  Okay.
[01:57:36.680 --> 01:57:44.680]  So they're dead wrong when they say that they can seize the car under the arrest warrant.
[01:57:44.680 --> 01:57:47.680]  Okay.
[01:57:47.680 --> 01:58:02.680]  And then he didn't actually, you know, tow it to the police, the deputy, he had a different record company, told my vehicle from the motor patrol to the record service.
[01:58:02.680 --> 01:58:03.680]  Yeah.
[01:58:03.680 --> 01:58:07.680]  You need to be filing charges against his cop with the Department of Justice.
[01:58:07.680 --> 01:58:20.680]  And you need to be suing, that's what you need to be doing and his Sheriff's Department and anybody else that gave you the legal advice that what he did was legal because it was.
[01:58:20.680 --> 01:58:21.680]  Thank you, sir.
[01:58:21.680 --> 01:58:22.680]  Okay.
[01:58:22.680 --> 01:58:23.680]  Yes.
[01:58:23.680 --> 01:58:24.680]  All right.
[01:58:24.680 --> 01:58:25.680]  Thanks for going in, Jesse.
[01:58:25.680 --> 01:58:26.680]  All right.
[01:58:26.680 --> 01:58:27.680]  Vince, I'm sorry.
[01:58:27.680 --> 01:58:28.680]  We are out of time.
[01:58:28.680 --> 01:58:30.680]  That is the end of the show.
[01:58:30.680 --> 01:58:32.680]  Folks, thank you so much for listening.
[01:58:32.680 --> 01:58:37.680]  This has been Eddie Craig with Deborah Stevens, Randy Kelton, Rule of Law Radio, the Monday Night Traffic Show.
[01:58:37.680 --> 01:58:39.680]  I appreciate all of you listening.
[01:58:39.680 --> 01:58:41.680]  I appreciate all of your support.
[01:58:41.680 --> 01:58:47.680]  Please come out on the 8th of February at 8.20 a.m. to the Austin Municipal Court, courtroom 2A.
[01:58:47.680 --> 01:58:50.680]  Watch my trial if they actually decide to have one.
[01:58:50.680 --> 01:58:55.680]  And don't forget to come down to Brave New Books and catch the classes on Sunday from 2 to 5.
[01:58:55.680 --> 01:58:56.680]  Good luck.
[01:58:56.680 --> 01:58:57.680]  God bless.
[01:58:57.680 --> 01:58:58.680]  Thanks for listening.
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