ROL_2012-02-20_16k.timecode

[00:00.000 --> 00:09.640]  News Corporation boss Rupert Murdoch flew to London Thursday to confront a hostile news
[00:09.640 --> 00:15.160]  staff on his flagship daily tabloid, The Sun. Police inquiries into illegal phone hacking
[00:15.160 --> 00:20.960]  led to the dawn arrest of 10 Sun's staff in recent weeks on allegations of corruption
[00:20.960 --> 00:26.840]  and bribing police officials. Reports Friday spoke of a civil war atmosphere in the newsroom.
[00:26.840 --> 00:30.320]  Murdoch's own investigation committee had passed information to police.
[00:30.320 --> 00:36.880]  A new study by Australian think tank, the Gratton Institute, said quote,
[00:36.880 --> 00:42.560]  and Shanghai, the average 15-year-old mathematics student, is performing at a level two to three
[00:42.560 --> 00:49.000]  years above his or her counterpart in Australia, the US, and Europe. Gratton's school education
[00:49.000 --> 00:53.160]  program director said quote, as economic power is shifting from west to east,
[00:53.160 --> 00:59.760]  high performance and education is two. According to a new filing with the Federal
[00:59.760 --> 01:05.520]  Election Commission, Occupy Wall Street now has a super PAC. Super PACs or political action
[01:05.520 --> 01:09.760]  committees can raise unlimited amounts of money for candidates. Under the section for
[01:09.760 --> 01:14.080]  related organizations, the filing lists Occupy Wall Street within the address at
[01:14.080 --> 01:21.880]  none and everywhere in the city of all of them. Former US government consultant and author
[01:21.880 --> 01:28.720]  Timothy Good claims President Dwight Eisenhower had three secret meetings with aliens. Good says
[01:28.720 --> 01:35.920]  Eisenhower met the extraterrestrials at a remote air base in New Mexico in 1954 and that Eisenhower
[01:35.920 --> 01:42.280]  and FBI officials organized the meeting by sending telepathic messages. Speaking on the BBC
[01:42.280 --> 01:47.680]  current affairs program opinionated, Good said governments around the world have been in regular
[01:47.680 --> 01:54.000]  contact with aliens for many decades. Quote, aliens have made both formal and informal contact
[01:54.000 --> 02:00.880]  with thousands of people throughout the world from all walks of life. WikiLeaks has been excluded
[02:00.880 --> 02:05.720]  from a UN conference on WikiLeaks in Paris. The whistleblower website that leaked hundreds of
[02:05.720 --> 02:11.600]  thousands of confidential military and diplomatic documents in 2010 lodged a strong protest with
[02:11.600 --> 02:16.320]  the UN educational scientific and cultural organization for banning it from an international
[02:16.320 --> 02:21.480]  conference, the media world after WikiLeaks, organized by the US World Press Freedom Committee
[02:21.480 --> 02:26.880]  at UNESCO headquarters. WikiLeaks said the conference was packed with a who's who of the
[02:26.880 --> 02:32.160]  websites opponents and critics, including speakers who are not merely critics, but four who have
[02:32.160 --> 02:37.520]  active legal conflicts with the organization. WikiLeaks founder Julian Assange, currently
[02:37.520 --> 02:43.480]  under house arrest in England, said UNESCO must conduct a full frank and open investigation as to
[02:43.480 --> 02:49.720]  how its constitution has become a blunt instrument of censorship, adding it's time to occupy UNESCO.
[03:13.480 --> 03:27.240]  Bad boys, what you want, what you're going, what you're going to do, when every son and
[03:27.240 --> 03:40.120]  girl comes for you? Tell me, what you're going to do, what you're going to do? Bad boys,
[03:40.120 --> 03:46.400]  what you're going to do, what you're going to do, when they come for you? Bad boys, bad boys,
[03:46.400 --> 03:52.040]  what you're going to do, what you're going to do, when they come for you? When you were 8 and
[03:52.040 --> 03:57.960]  you had that trait, you go to school and learn to go, then lose. So why are you acting like I'm
[03:57.960 --> 04:04.680]  love food? If you get hot, then you must get cool. Bad boys, bad boys, what you're going to do, what
[04:04.680 --> 04:06.560]  What you gon' do when they come for you?
[04:06.560 --> 04:08.880]  Bad boys, bad boys
[04:08.880 --> 04:10.000]  What you gon' do?
[04:10.000 --> 04:12.460]  What you gon' do when they come for you?
[04:12.460 --> 04:19.800]  Bad boys, bad boys
[04:19.800 --> 04:28.280]  What you gon' do?
[04:28.280 --> 04:30.320]  Bad boys, bad boys
[04:30.320 --> 04:31.020]  What you gon' do?
[04:31.020 --> 04:37.580]  All right folks, good evening. This is the rule of law Monday night traffic show. I am your host Eddie Craig
[04:37.580 --> 04:39.580]  It is February 20th
[04:40.020 --> 04:43.140]  2012 tonight. I do have a guest on the show
[04:43.140 --> 04:49.100]  I have asked Harman Taylor to come on and to discuss those issues with me regarding
[04:49.860 --> 04:53.140]  some of the things these municipal and JP courts are
[04:54.540 --> 05:00.140]  Completely failing to do in regards to proper due process
[05:00.140 --> 05:07.540]  Now for those of you that have read my material and come to the class as you know that there is a cornucopia of
[05:09.220 --> 05:16.420]  Gadget-tree defenses, I guess is one way of putting them where the rules are completely ignored and broken
[05:16.940 --> 05:22.860]  Every single step of the way and part of what we do is document those violations
[05:22.860 --> 05:31.300]  And we definitely hang on to them if those violations result in a harm to our right to due process
[05:31.860 --> 05:36.980]  What we wanted to talk about with Harman tonight was some of the specific issues
[05:37.620 --> 05:41.500]  That virtually every one of these cases develops into
[05:42.820 --> 05:44.380]  sustaining
[05:44.380 --> 05:49.180]  Which leads to the ability for us to get it overturned on appeal
[05:49.180 --> 05:58.180]  So Harman that being said I would like to just jump in with you and see what we can come up with as far as the list of things
[05:59.300 --> 06:01.300]  Where would you like to start?
[06:02.540 --> 06:07.300]  Good evening. It's good to be on the show. The due process one is an excellent one
[06:07.980 --> 06:14.460]  The place to start may be just in the concept of what are we talking about with due process?
[06:14.460 --> 06:16.460]  Well in general
[06:17.300 --> 06:23.660]  What should due process entail? Let's start there. That's excellent, but due process has to entail
[06:24.020 --> 06:27.660]  It's not what it should entail. It's what it has to entail is
[06:29.100 --> 06:31.100]  delivery of the
[06:32.100 --> 06:34.100]  plaintiff's original bleeding
[06:36.180 --> 06:38.180]  Protonotus
[06:38.540 --> 06:40.540]  constitutes
[06:40.540 --> 06:44.740]  constitutes delivery of the writing
[06:46.900 --> 06:54.700]  So we have to we have to get something in writing it's not that we can go without it because we can we can wave notice
[06:54.700 --> 06:57.500]  It's one of the easiest things on the planet
[06:58.140 --> 07:02.700]  To wave and it's why the system is set up that way. It depends greatly on
[07:03.420 --> 07:04.780]  waiver
[07:04.780 --> 07:06.780]  to get notice
[07:06.780 --> 07:14.100]  The state has for the defendant to get notice the state has to send the charging instrument
[07:14.540 --> 07:20.700]  State's original pleading to the defendant and if it's a municipal court or a JP court matter
[07:21.420 --> 07:26.580]  That delivery has to occur has to occur at least a day before
[07:27.460 --> 07:29.460]  What's called any?
[07:30.020 --> 07:32.820]  Proceeding do you quote statutes to them at all?
[07:32.820 --> 07:41.620]  Uh, yes, sir. I do as in all the time probably from a cold article. Where are we forty five point zero one eight B?
[07:41.700 --> 07:43.700]  that's the one and
[07:44.300 --> 07:51.780]  What that says is the defendant supposed to get notice at least a day before any proceeding
[07:52.620 --> 07:56.300]  What is notice we can get to any proceedings later and it's a good question
[07:56.300 --> 08:03.620]  What we're talking about right now is what is notice and the answer on what is notice is
[08:04.100 --> 08:06.100]  something in writing
[08:06.100 --> 08:10.660]  It's the generic concept. They have to send the charging instrument
[08:10.660 --> 08:13.380]  We can talk about what a charging instrument is
[08:13.620 --> 08:18.940]  But whatever qualifies as a charging instrument that has to be delivered
[08:19.580 --> 08:23.620]  Has to be delivered by a party that doesn't have any interest in the case
[08:23.620 --> 08:26.440]  That's notice
[08:28.420 --> 08:35.500]  Yeah, if I may there is something that I would like to jump into on that after some things that you and I have discussed
[08:36.100 --> 08:41.700]  Previously in this new book on the traffic court survivors guide that I'm doing
[08:42.220 --> 08:44.220]  one of the things I came up with
[08:45.100 --> 08:47.100]  regarding notice
[08:47.100 --> 08:53.780]  Is how this has to function there are three specific things that
[08:55.620 --> 08:58.700]  Constitutes notice and I've divided them up into
[09:00.260 --> 09:05.500]  Two particular things and let me get to them here in the paperwork and
[09:06.540 --> 09:08.180]  Tell you how I've got it broken up
[09:08.180 --> 09:14.860]  And I actually got this based upon something that you wrote and you and I discussed and what I've done is I've
[09:14.860 --> 09:20.100]  Outlined it like this in the book for notice to be meaningful. It has to follow certain rules
[09:20.100 --> 09:23.620]  There are two procedural rules and three substantive rules
[09:24.180 --> 09:31.500]  The procedural rules are simple enough first for any instrument pleading or document to have bearing in a case in a cause of action
[09:31.900 --> 09:35.260]  It must first be filed in the court record
[09:35.980 --> 09:40.860]  As far as the court record goes that the instrument pleading or document is not properly filed
[09:40.860 --> 09:43.740]  It simply does not exist in the court
[09:43.740 --> 09:45.740]  Second
[09:46.380 --> 09:52.260]  The instrument pleading or document must be served on the opposing party
[09:52.660 --> 09:57.380]  Until service has been made to the opposing party notice has not been provided
[09:57.540 --> 10:05.460]  The opposing party has a right to know what the other side is filed in the cause and the duty is on the party filing the instrument
[10:05.460 --> 10:10.140]  Pleading or document into the record to ensure notice is properly performed
[10:10.140 --> 10:17.660]  It is not the other party's responsibility to seek out notice by monitoring the record of the court for changes
[10:18.020 --> 10:20.020]  Now would you agree with those?
[10:20.620 --> 10:27.740]  Straight down the line. Okay. Now the second note there. We'll come back to 25.04 here after a while
[10:27.900 --> 10:35.220]  Right now the three substantive rules are divided into three specific errors areas constituting notice
[10:35.820 --> 10:38.460]  Now this is how I explained it in class yesterday
[10:38.460 --> 10:42.060]  The first is proper notice
[10:43.100 --> 10:50.220]  Was notice provided in accordance with a method authorized and or required by law such as
[10:50.860 --> 10:52.860]  Delivery in open court
[10:52.940 --> 10:58.540]  Hand delivery or by certified u.s. Postal mail return receipt requested
[10:58.940 --> 11:03.740]  Whatever the laws of your state requires to get proper notice
[11:04.380 --> 11:06.620]  Then you have sufficient notice
[11:06.620 --> 11:13.500]  Was the defendant provided with everything that the law gives them a right to have
[11:14.540 --> 11:19.260]  And or that was required to be provided in order to respond
[11:19.900 --> 11:27.740]  Such as the cause number a copy of the complaint a copy of the charging instrument the name and service address of the court
[11:28.140 --> 11:34.300]  Allegedly have jurors having jurisdiction of the case and the name and service address of opposing counsel
[11:34.300 --> 11:38.940]  Then you have the third requirement, which is timely notice
[11:39.580 --> 11:45.900]  Was all of the above completed in a time frame that was meaningful to due process
[11:46.380 --> 11:51.740]  For instance delivery of the complaint or charging instrument the day of trial on the merits
[11:52.140 --> 11:59.580]  Is not proper sufficient and timely notice to the defense and therefore constitutes a due process violation
[11:59.580 --> 12:06.380]  So how would that stack up in what we're discussing here?
[12:06.700 --> 12:10.140]  Yeah, that that sounds right straight down the line
[12:11.020 --> 12:15.100]  The the thing on the municipal court thing
[12:15.820 --> 12:19.580]  The thing on the thing the issue in the municipal court case
[12:20.460 --> 12:23.180]  Be raised there about notice to the other side
[12:23.180 --> 12:30.460]  In the forums of record in these municipal courts of record
[12:31.340 --> 12:36.300]  Everything is expected to be written down. They're supposed to be documents by the defense
[12:37.100 --> 12:39.100]  They might be able to take
[12:40.380 --> 12:46.220]  Oral pleadings I feel I don't remember that the the municipal courts take oral pleadings all the time
[12:46.860 --> 12:48.860]  the municipal courts of record
[12:48.860 --> 12:54.540]  Might take oral pleadings. I don't remember but they expect everything to be in writing. So
[12:55.740 --> 12:58.780]  In the municipal court of record in particular
[12:59.980 --> 13:06.620]  Where there is in state never gets noticed right all the things we just went through they never do it. It's too expensive
[13:07.260 --> 13:13.660]  So they heavily dependent on the waiver of notice by the defendant heavily dependent
[13:13.660 --> 13:19.260]  dependent let's say they got notice right and they sent the complaint
[13:19.980 --> 13:24.460]  A day ahead of time a day ahead of any proceeding relevant to the prosecution
[13:25.980 --> 13:29.660]  It would the complaint really give us notice and it wouldn't
[13:30.780 --> 13:36.060]  There's no indication on any of this paperwork about who we send our responses to
[13:36.060 --> 13:43.100]  They don't really want a response. They tell us that by not giving us a name and address of the party to whom sent it
[13:44.460 --> 13:46.460]  Is notice adequate. I don't know
[13:46.620 --> 13:48.220]  Yeah, that's also
[13:48.220 --> 13:55.660]  Not forget the straight-up fact that they normally will not even assign a prosecutor until within a couple of days of actually doing anything
[13:56.140 --> 14:00.780]  Right in a particular prosecutor versus a prosecutor's office. We don't have to have
[14:00.780 --> 14:08.300]  Necessarily who it is is going to show up in court, but there's somebody appointed or elected to an office
[14:08.380 --> 14:10.380]  It's going to prosecute the case
[14:10.700 --> 14:15.740]  Or there will be an address even if they don't want to print the name of the opponent or elected official
[14:16.060 --> 14:18.860]  Because it might change out more often than they want to reprint the
[14:19.500 --> 14:22.780]  The tickets the the the blanks that they use
[14:23.420 --> 14:25.420]  So just leave that out
[14:25.900 --> 14:27.180]  Okay
[14:27.180 --> 14:32.140]  That's not real good. Maybe they should write in the name of somebody if they're going to leave it blank
[14:32.780 --> 14:33.740]  but
[14:33.740 --> 14:39.980]  For heaven's sakes, where's the address they're expecting something in writing if it's a municipal quarter record
[14:40.300 --> 14:44.940]  They're expecting something in writing. That means it has to be filed
[14:45.500 --> 14:51.900]  Has to be filed. Which means what it has to be served. Well, who do you send it to they never say
[14:51.900 --> 14:58.940]  So is notice adequate? Maybe it's not our statutory requirement, but it sure is a procedural one
[14:59.980 --> 15:01.980]  And they never give us that
[15:06.140 --> 15:11.820]  Let's look at something that I have seen specifically in the court records here in Austin
[15:12.780 --> 15:18.540]  Uh, you will get a notice from the court that your case has been set for trial
[15:18.540 --> 15:20.540]  Now
[15:21.820 --> 15:24.300]  If you actually went and checked the court record
[15:25.340 --> 15:32.380]  There's no complaint or any other thing constituting a charging instrument if a complaint could even validly be so
[15:32.940 --> 15:34.940]  That's currently in the court record
[15:35.660 --> 15:38.700]  Uh, for instance specifically in in my case
[15:39.500 --> 15:44.860]  They sent me the notice that my case had been scheduled for trial on the 8th of february
[15:44.860 --> 15:48.780]  The letter is dated the 2nd of january
[15:50.140 --> 15:55.820]  But when you get the actual complaint served on you the day of trial by the prosecutor
[15:56.540 --> 16:00.940]  The only thing on the complaint that even resembles a date
[16:01.820 --> 16:03.820]  If it is an actual date
[16:04.780 --> 16:09.980]  Says that this document didn't exist until the 2nd of february
[16:09.980 --> 16:13.740]  So how did the municipal court get the authority?
[16:14.700 --> 16:21.980]  When there's no issue before that court to generate a cause number and to schedule a trial when there's no
[16:22.540 --> 16:26.700]  Cause before the court one of those setting a trial for
[16:27.340 --> 16:33.820]  Well, and under what authority can they set a trial when there's no there's no case exactly
[16:33.820 --> 16:40.060]  Exactly. All right, uh, we're about to take a break. So folks if you're listening out there
[16:40.300 --> 16:45.660]  Hang on we're going to go a couple of more segments if harmon is willing and then we'll start taking your calls
[16:46.140 --> 16:50.460]  Call in number if you want to get on the board is five one two six four six
[16:50.620 --> 16:55.580]  1984 but it will be a little bit before we start taking callers in the meantime
[16:55.820 --> 16:58.140]  We will be right back on the other side of the break
[16:58.140 --> 17:05.900]  America is in trouble. Washington is a disgrace. Government has become too big. It's overtaxing
[17:06.460 --> 17:11.660]  Overspending. We need to change direction. We really need change. You can't afford to make the same mistakes
[17:11.660 --> 17:17.980]  We've made in the past. Mitt Romney's reputation as a flip-flopper. He went the other way when he got paid to go the other way
[17:18.140 --> 17:23.500]  There is need for economic stimulus. It's about serial hypocrisy. This election is about trust
[17:23.500 --> 17:30.140]  There's been one true consistent candidate and that's dr. Ron Paul. Ron Paul has been so consistent from the very beginning
[17:30.380 --> 17:34.940]  He seems like a more honest candidate. He tells the truth about what he believes whether you like it or not
[17:35.020 --> 17:39.660]  He's never once voted for a tax increase never once voted for an unbalanced budget
[17:39.740 --> 17:46.620]  Ron Paul's planted bulls cut five departments is what we need when he says he's gonna cut a trillion dollars in the first year
[17:46.860 --> 17:50.860]  I believe it. If you don't like how things are going and tired of politicians
[17:50.860 --> 17:57.340]  He's something different. Ron Paul. Ron Paul. Ron Paul. Ron Paul is the one we've been looking for
[17:57.740 --> 17:59.900]  I'm Ron Paul and I approve this message
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[19:49.980 --> 19:52.620]  Folks we are back this is rule of law radio
[19:52.620 --> 19:57.500]  This is the Monday night traffic show and we do have Harman tater on as our guest tonight
[19:58.300 --> 20:02.300]  Okay, Harman, uh, let's go ahead and pick up where we left off before break gotten away
[20:03.900 --> 20:05.500]  the
[20:05.500 --> 20:07.500]  municipal courts
[20:07.580 --> 20:10.140]  of record are expecting documents
[20:11.740 --> 20:13.740]  And where the
[20:13.820 --> 20:20.220]  And they don't ever serve the original pleading we get into what maybe that original pleading should consist of
[20:20.220 --> 20:21.820]  and
[20:21.820 --> 20:27.980]  Maybe we'll just go through some history of what it was and what it came to and and now the uncertainty of what it is
[20:28.780 --> 20:34.380]  But presume an original pleading president in its files presuming it gets a case number
[20:35.020 --> 20:39.980]  That's the document that has to be served in order for due process to be satisfied
[20:39.980 --> 20:49.580]  When that document ordinarily just take a civil case most people I presume are familiar with the concept of a civil case
[20:50.380 --> 20:54.620]  What goes with the civil case the summons what's on the summons the name of the plaintiff
[20:55.260 --> 20:57.580]  Neither the plaintiff or the plaintiff's attorney
[20:58.060 --> 21:02.300]  His name and contact information in other words when you file your response
[21:02.780 --> 21:04.780]  Whether it's a pleading or a motion
[21:04.940 --> 21:06.940]  Send it to this party
[21:06.940 --> 21:11.660]  And it's your notice address your service address for that litigation
[21:12.140 --> 21:14.140]  We don't get that in the
[21:14.700 --> 21:19.580]  In the municipal court activity JP court activity. They don't send it to us
[21:20.700 --> 21:26.940]  Where pleadings are expected to be viva voce by voice oral verbal pleadings
[21:27.820 --> 21:30.700]  Then contact information not quite so important
[21:30.700 --> 21:36.620]  But where they're expecting it and writing where they're compelling it in writing
[21:37.180 --> 21:39.180]  They're going to have to update the statutes
[21:40.060 --> 21:42.780]  They're going to have to update we should not have to guess
[21:43.660 --> 21:46.220]  Where to send the paperwork shouldn't have to guess
[21:54.700 --> 21:56.700]  So
[21:56.700 --> 22:02.700]  Yeah, I mean I would agree with that generally you're left from many many times experiencing this
[22:02.780 --> 22:07.340]  You're left having to call the court to find out. Well, what prosecutor gets this information
[22:07.580 --> 22:10.780]  Who do I have to send this to you get one of two answers?
[22:11.260 --> 22:15.500]  Oh, well, we don't know yet. Who's going to get it or we don't know at all
[22:16.620 --> 22:20.380]  Very rarely will they tell you that oh it goes to so and so's office
[22:21.020 --> 22:24.060]  Every now and then you'll get some answer like well
[22:24.060 --> 22:28.860]  We have a private contract with some firm here in town
[22:29.660 --> 22:32.220]  And they're the ones that handle all our cases
[22:33.180 --> 22:36.460]  Which brings us back to of course several other issues
[22:37.100 --> 22:41.340]  With these people acting as city attorneys and prosecuting in the name of the state
[22:41.980 --> 22:49.260]  When they have absolutely no qualification to do so because they don't meet any of the necessary requirements to fill the position
[22:49.260 --> 22:54.140]  Of an attorney for the state, but that's just one of numerous issues
[22:54.780 --> 22:59.900]  That the appellate courts have screwed up time and time again in regards to this
[23:01.100 --> 23:04.780]  Revenue stream that they do not wish to interfere with
[23:08.140 --> 23:09.340]  Um
[23:09.340 --> 23:12.300]  Where else would we go on the lack of notice?
[23:12.860 --> 23:18.060]  Uh violations harmon. Okay. Well the the concept of notice is something in writing
[23:18.060 --> 23:20.060]  If the judge says
[23:21.340 --> 23:27.340]  How do you plea and the answer is to what I don't have any notice the judge can say well, let's just read it right now
[23:27.900 --> 23:32.860]  You've been charged and it says such and such and of course the municipal court and I'm going to tell us the statute
[23:33.660 --> 23:38.380]  The court the courts have said more than once they don't have to give you a statute
[23:39.820 --> 23:44.780]  So there's no real notice in the way they do it because they don't ever say what the statute violated is
[23:44.780 --> 23:47.900]  They make them go hot and packed for the
[23:49.100 --> 23:51.500]  statutory basis for the charge
[23:52.780 --> 23:54.540]  the
[23:54.540 --> 23:59.260]  Concept there being okay, they go through all this. Are we really on notice under there?
[23:59.900 --> 24:01.900]  Was that 45.019?
[24:02.540 --> 24:04.540]  Elements, are we really?
[24:04.620 --> 24:14.140]  Yes, they don't have to give us a statue right now the issue there with 45.0109 is it gives you what the statutory requirements of a
[24:14.140 --> 24:15.820]  complaint are
[24:15.820 --> 24:17.980]  But here's my issue with that
[24:18.700 --> 24:21.900]  as you of course know from having to read the the
[24:22.300 --> 24:25.900]  Chapters in chapter 21 dealing with indictments and informations
[24:26.700 --> 24:28.700]  That original pleading by the state
[24:29.420 --> 24:36.540]  Has to list all of the things required to be proven in other words all the necessary elements of the charge
[24:36.540 --> 24:47.340]  Yeah, there is absolutely nothing in 45.019 that requires a complaint to list all of the elements
[24:48.460 --> 24:50.940]  Therefore my opinion is this
[24:52.860 --> 24:54.860]  How am I to challenge
[24:55.820 --> 24:58.380]  the complaint on form and content?
[24:59.580 --> 25:03.660]  When the issue is it lacks all of the necessary elements
[25:03.660 --> 25:05.660]  Of the offense alleged
[25:06.540 --> 25:14.540]  Where the court can turn around and then argue there's nothing in statute that says a complaint has to have those things
[25:15.100 --> 25:19.980]  Well, maybe not but you idiots are saying it's a viable charging instrument
[25:20.860 --> 25:23.420]  And those things have to have those things
[25:23.980 --> 25:28.060]  So either I can nullify the complaint because it lacks them
[25:28.060 --> 25:33.340]  Or you dummies are calling the complaint something it can't possibly be
[25:33.980 --> 25:35.980]  So which is it?
[25:36.860 --> 25:38.860]  Yeah, it gets into a mess
[25:40.220 --> 25:47.500]  And we can we can add a little bit more complication to that on what's now missing. You've probably covered that before
[25:49.980 --> 25:54.860]  Well, let's run through it again. Even if we know it somebody out there's libel not to okay
[25:54.860 --> 25:58.620]  I mean if you haven't been through it recently and they're not sick of it. We can talk about
[25:59.420 --> 26:04.620]  The the article that was and is no more at least it's not right now
[26:05.900 --> 26:09.820]  And the complication that adds to the charging process
[26:12.540 --> 26:19.180]  45.01 yeah, the the recision or repeal of 45.01 back in 1999
[26:19.180 --> 26:26.700]  And the appellate courts and trial courts complete failure to keep abreast of current statutory changes
[26:27.180 --> 26:29.980]  in favor of star rate decisive ineptitude
[26:31.500 --> 26:33.500]  Yeah, that that area. Yeah, I'm familiar with it
[26:34.540 --> 26:35.740]  Yeah
[26:35.740 --> 26:40.700]  Yeah, you're uh, you're all over that one. The that's the history is this
[26:41.100 --> 26:47.500]  Before the change in the money system, and I'm just gonna throw 1965 out that's not necessarily set in stone
[26:47.500 --> 26:49.500]  It's just a date to use
[26:49.580 --> 26:54.940]  To give a date to show that something major happened and about that time frame
[26:55.420 --> 26:59.740]  Before then we have all of these cases that say there's no such thing as a license
[27:00.220 --> 27:02.220]  You can't do this to people
[27:02.300 --> 27:03.900]  and for
[27:03.900 --> 27:06.460]  I'm gonna say at least 10 years and maybe in 20
[27:07.660 --> 27:13.100]  The concept of the driver's license was kicked around pretty good by the high courts in texas
[27:13.100 --> 27:20.380]  We get the change in money, which means we have what is in a business sense. We can talk about a hostile takeover
[27:21.100 --> 27:24.700]  We can talk about several ways as fundamental change in choice of law
[27:25.580 --> 27:31.100]  We went from a law of the land system to a law of the sea system when they took out the last vestiges of an honor system
[27:31.100 --> 27:37.900]  awaits in measures that was after the Kennedy assassination and they sucked out all the silver from circulation
[27:38.620 --> 27:39.500]  and
[27:39.500 --> 27:48.300]  We get the token coins and all sorts silver certificates are collected and at the end of the day
[27:49.340 --> 27:54.140]  What used to be a charging system of the affidavit the complaint
[27:54.620 --> 28:00.380]  And something in the way of an information or an indictment. These are misdemeanors. It would be an information
[28:00.700 --> 28:06.540]  So there would be the affidavit in the form of a complaint and then a formal charging instrument called an information
[28:06.540 --> 28:12.220]  That was before the change in money. Then they said oh, well, we don't need the information anymore
[28:13.260 --> 28:15.260]  And the complaint alone
[28:15.740 --> 28:17.740]  Was sufficient to get the case started
[28:18.380 --> 28:20.380]  That was under article 4501
[28:21.580 --> 28:24.300]  Now that 4501 is no more
[28:24.940 --> 28:31.340]  Does that mean that we're just running on fumes running on momentum? There's one appellate court case. It suggests. Yes
[28:31.340 --> 28:34.460]  That's exactly what we're doing. We still have
[28:34.460 --> 28:37.500]  Complaint only cases
[28:38.140 --> 28:41.660]  But with the statutes don't really say that anymore
[28:42.380 --> 28:49.100]  Do we have now the return to the need to have the affidavit in the form of the complaint?
[28:49.980 --> 28:54.060]  Which doesn't have to assert anything except this is what I think I saw
[28:55.260 --> 29:00.860]  Coupled with a formal charging instrument namely an information that would then have what?
[29:01.500 --> 29:03.500]  Some attorneys contact information
[29:03.500 --> 29:09.260]  It'd probably be the elected official. That's fine, but you wouldn't expect to find that in a ticket
[29:10.700 --> 29:13.180]  You would you would expect to find that in the
[29:14.300 --> 29:15.580]  information
[29:15.580 --> 29:23.340]  So right now in the municipal court is complaint alone sufficient. There's no more statutory basis for it
[29:24.380 --> 29:27.260]  There is judicial momentum for it
[29:27.260 --> 29:32.860]  But the basis that they used to have does not exist right now
[29:36.540 --> 29:39.340]  All right, sounds like we're about to head off on another break
[29:40.060 --> 29:47.180]  Okay, folks. This is rule of law radio. This is Eddie Craig with my guest Harman Taylor. This is the Monday night traffic show
[29:47.900 --> 29:51.740]  We're still going to keep talking a little bit about these issues regarding due process
[29:51.740 --> 29:58.220]  So if you want to call in 512 646 1984, but just be prepared to hang on the line for a little bit
[29:58.460 --> 30:00.140]  We will be right back
[30:00.140 --> 30:07.340]  This is building seven a 47 story skyscraper that fell on the afternoon of september 11 the government says that fire brought it down
[30:07.420 --> 30:13.420]  However, 1500 architects and engineers concluded it was a controlled demolition over 6 000
[30:13.420 --> 30:17.980]  My fellow service members have given their lives and thousands of my fellow force respond to supply
[30:17.980 --> 30:23.500]  I'm not a conspiracy theorist structural engineer in New York City correction office. I'm an air force pilot. I'm a father
[30:23.660 --> 30:29.900]  Who lost his son? We're americans and we deserve the truth go to rememberbuilding7.org today
[30:32.860 --> 30:37.260]  Southlake City is known for its devout warm-in community that prepares fedean times
[30:37.660 --> 30:42.220]  So why is it the test bed for a payment technology that some are linking to the mark of the beast?
[30:42.620 --> 30:45.340]  I'm Dr. Catherine Albright and I'll tell you more in just a moment
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[31:15.820 --> 31:19.260]  Southlake City wants to be the place you can leave your wallet at home
[31:19.420 --> 31:24.860]  So they've teamed up with Verizon AT&T and T mobile on a new payment system called isis
[31:25.340 --> 31:30.620]  Isis named after the egyptian goddess of magic lets consumers make payments with their cell phones
[31:30.940 --> 31:37.420]  Just wave your phone and the purchase is complete the city's transit systems are already on board and local merchants are expected
[31:37.420 --> 31:44.380]  To follow developers hope isis will usher in a cashless society which worries christians and freedom advocates alike
[31:44.700 --> 31:49.180]  Once we hit a number to buy and sell all of our purchases will be tracked worse yet
[31:49.420 --> 31:52.700]  Technology could exclude us from buying necessities like food
[31:53.420 --> 31:57.580]  I'm Dr. Catherine Albright more news and information at Catherine Albright dot com
[32:04.060 --> 32:06.060]  Yeah, I got the warrant
[32:06.060 --> 32:08.060]  I'm not gonna solve that
[32:10.060 --> 32:12.060]  To the head of the government
[32:12.540 --> 32:14.540]  prosecute them
[32:14.780 --> 32:16.780]  Okay
[32:29.580 --> 32:34.940]  Alright folks, we are back once again. This is rule of law radio with my guest Harman Taylor
[32:34.940 --> 32:37.180]  Alright Harman. Let's continue on please
[32:38.140 --> 32:40.140]  We are talking about the
[32:43.260 --> 32:47.980]  Pleading's issue and what constitutes a legitimate pleading
[32:49.100 --> 32:51.100]  The history
[32:51.100 --> 32:55.340]  Starts off with you have to have two sheets of paper one's called a complaint
[32:55.820 --> 33:01.340]  However many pieces of paper with it one's a complaint and the other for misdemeanor is
[33:01.980 --> 33:03.980]  calling information
[33:03.980 --> 33:07.820]  Without both of those no cases started
[33:08.940 --> 33:10.940]  Then we get to the change in money
[33:11.660 --> 33:16.460]  We totally upset everything that seems intuitive to every american
[33:17.020 --> 33:22.300]  About what is and isn't right about how things are done totally turns it on its ear
[33:23.180 --> 33:27.420]  That which is offensive to us is now the right way that things are
[33:27.420 --> 33:36.700]  And that goes along from let's just say mid-60s to about 1999 when the
[33:37.980 --> 33:43.100]  Article 4501 article 4501 in what criminal procedure code
[33:45.820 --> 33:47.820]  Gets repealed
[33:47.980 --> 33:53.020]  So it's effectively out by the end of well probably fourth quarter
[33:53.020 --> 33:59.580]  Now if I may interject on that here's my big problem with the way the courts interpreted that
[34:00.380 --> 34:03.500]  The language of that statute simply stated
[34:04.300 --> 34:08.540]  All prosecutions in a municipal court shall commence by complaint
[34:09.100 --> 34:10.860]  Right all it says
[34:10.860 --> 34:13.660]  Now that is where the court took the word commence
[34:14.380 --> 34:19.980]  And used it under a completely brand new definition of commence
[34:19.980 --> 34:21.980]  Here they took it to mean
[34:22.780 --> 34:25.340]  This is the only thing you have to have
[34:25.900 --> 34:29.900]  Whereas in law the word commence means simply to start
[34:30.300 --> 34:37.500]  And my argument has always been you dummies in every type of case criminal or civil
[34:38.060 --> 34:41.260]  Everything commences with a complaint
[34:42.220 --> 34:44.220]  That doesn't change
[34:44.220 --> 34:50.700]  All the statute did was verify that the municipal court couldn't do it any different
[34:51.020 --> 34:56.060]  It didn't give them an extracurricular power to do it on complaint alone
[34:56.540 --> 35:02.700]  That never appeared in the language yet. That's how the appellate courts turned around and interpreted it
[35:03.340 --> 35:08.060]  Well, it would be consistent the federal system functions
[35:08.940 --> 35:12.220]  On that exact same concept complaint alone
[35:12.220 --> 35:14.220]  Is sufficient
[35:15.020 --> 35:17.020]  It's in the federal side too
[35:17.980 --> 35:20.700]  So yeah, there was a there was a major shift
[35:21.420 --> 35:27.980]  There and I'm satisfied as everything to do the fact we went from a law of the land system to a law of the sea system
[35:28.620 --> 35:35.660]  And it there's some indication that we're headed back the other way as we speak
[35:35.660 --> 35:44.460]  One of those is the very subtle repeal of article 4501 that basically says complaint alone is sufficient
[35:44.940 --> 35:46.940]  And that's how the system functioned
[35:47.420 --> 35:49.420]  Complaint alone was sufficient
[35:49.740 --> 35:54.620]  Is it now that's a good question the thing to do there is just keep asking the question
[35:55.180 --> 36:03.260]  Is complaint alone sufficient and the appellate courts very well may say yes, it's still sufficient. Yes, it's still sufficient
[36:03.260 --> 36:05.260]  Yes, it's still sufficient
[36:05.660 --> 36:09.100]  Even though article 45.01 is no longer
[36:10.060 --> 36:13.260]  Really statutorily backing them up anymore
[36:17.340 --> 36:18.700]  Well
[36:18.700 --> 36:25.420]  There there are times when I wonder exactly whether or not there's an open bar at the appellate courthouse when they're making these ruins
[36:25.420 --> 36:34.940]  Because some of this stuff that I've read is just so far out there and it's conceptual viewpoint of logic and law that it's
[36:35.660 --> 36:37.660]  It borders on alien
[36:39.100 --> 36:43.180]  Well, they do have they come anywhere near applying legal reality
[36:44.300 --> 36:46.940]  It is alien it's designed to be that way
[36:46.940 --> 36:53.420]  It's written in English so that we don't understand it because what we really need to read is nowhere in print
[36:53.420 --> 36:56.220]  And that's not a bit accidental
[36:57.260 --> 37:01.260]  It's just the nature of the beast and of course that's a
[37:02.140 --> 37:04.940]  That's a literal and a figurative assertion
[37:05.900 --> 37:12.460]  It's just the nature of the beast they control by confusing the daylights that of the people to be controlled
[37:13.660 --> 37:19.100]  Well while we're on the subject of the initiating instrument. Well, let's talk a little bit about
[37:19.900 --> 37:22.140]  Who can sign it as the affian?
[37:22.140 --> 37:29.660]  And the dangers associated with the way they are currently doing it. Yeah dangerous for them. You mean
[37:30.220 --> 37:36.780]  Oh, absolutely. Well in a way. Yeah, it could wind up being so but initially it's dangerous for us
[37:37.500 --> 37:42.780]  Because if we don't know this is what's going on and bring it to light
[37:43.500 --> 37:48.300]  Our case could very well be tampered with to such a degree that we could never win it on appeal
[37:48.300 --> 37:52.460]  So it's dangerous in both directions in my opinion
[37:53.020 --> 37:56.700]  We have to know enough about the system to know
[37:57.340 --> 38:02.940]  That when we start talking sense about the matter when we start hitting this nail on the head
[38:03.740 --> 38:11.020]  Not putting dents in the wood around it that always hitting the nail on the head driving it in squarely
[38:12.140 --> 38:14.860]  That we're going to be on appeal because we're talking
[38:14.860 --> 38:18.460]  In Greek to these people they have never heard this before
[38:19.100 --> 38:22.700]  And for us to be right is for them to have to admit
[38:23.260 --> 38:25.260]  That they're part of a scam
[38:25.340 --> 38:29.100]  They have to admit they've been lied to they have to admit that they've got
[38:29.580 --> 38:32.940]  Other decisions behind them where people have made similar arguments
[38:33.660 --> 38:35.660]  That the really was just wrong
[38:36.380 --> 38:38.380]  So it is a huge bad
[38:38.380 --> 38:46.940]  Momentum problem to talk the system for what it is and expect to win a trial doesn't happen
[38:47.660 --> 38:55.500]  Yet it will but we're going to have to do some boulders by hand by shoulder to get there
[38:56.460 --> 38:58.460]  the
[38:58.460 --> 39:02.940]  Step that we're talking about here is who can sign the complaint
[39:04.140 --> 39:06.140]  Who can be states?
[39:06.140 --> 39:08.140]  It's charging
[39:08.140 --> 39:14.540]  Witness who can be the party to get the thing going even if it's a complaint only case
[39:15.420 --> 39:21.740]  What we find in article 45.019 is a list of people who may verify
[39:23.340 --> 39:25.500]  The statement it says there in the statute
[39:25.980 --> 39:31.020]  That the deputy clerk has the authority to verify that means they don't have to go
[39:31.020 --> 39:35.740]  To secretary of state's office and become a notary. They don't have to do that
[39:36.060 --> 39:41.260]  The legislature says in these circumstances these people have the authority to take the statement. Okay
[39:42.140 --> 39:44.140]  No heartburn there. No heartburn at all
[39:44.940 --> 39:47.340]  Now what if the party making
[39:48.460 --> 39:54.380]  The statement not the party verifying it the party asserting it is one of the clerks
[39:54.380 --> 40:01.100]  Now what well for it to be a hearsay complaint isn't really necessarily offensive
[40:01.580 --> 40:04.300]  And we can go through some theories and explain that yeah
[40:04.380 --> 40:07.660]  We really if it were us if the shoe were on the other foot
[40:08.380 --> 40:13.660]  And someone else was an intermediary with the court. We would think that'd be just fine
[40:14.460 --> 40:20.620]  So hearsay complaint. Okay. Uh, it's not really an affidavit. It's on knowledge and belief
[40:20.620 --> 40:27.180]  So it doesn't there so they're saying right there on the concept of what's being verified
[40:27.820 --> 40:30.860]  That's really not personal knowledge necessarily
[40:31.580 --> 40:32.860]  anyway
[40:32.860 --> 40:34.860]  So knowledge and belief fine
[40:35.180 --> 40:37.180]  That gets the case started
[40:37.660 --> 40:39.100]  but
[40:39.100 --> 40:42.300]  What if it's the court clerk that is the hearsay?
[40:43.100 --> 40:46.620]  Complain it the court clerk gets the information
[40:47.420 --> 40:49.420]  by what means
[40:49.420 --> 40:51.420]  The operation of the job
[40:52.780 --> 40:56.060]  It's not as if the court clerk were out there on the highway
[40:56.940 --> 41:02.940]  And heard the party before they went unconscious and this is what the the party said to me before
[41:03.660 --> 41:07.100]  Uh, he went unconscious. It's not like that
[41:08.140 --> 41:12.460]  The clerk gets the ticket or gets the report or gets something
[41:12.460 --> 41:19.980]  And then says oh, yeah, I'm now the complaint it and this is this is what happened
[41:21.100 --> 41:27.180]  Okay, they have good belief because of the report to assert what happened great, but
[41:28.540 --> 41:30.540]  Now look at what we've got
[41:31.420 --> 41:35.980]  We've got an employee of the court not acting judicially
[41:35.980 --> 41:44.060]  But jumping across the separation of powers line into being what a witness for the executive authority
[41:45.260 --> 41:47.900]  We've got a witness for the executive authority
[41:48.700 --> 41:53.580]  And the question there's several questions one is does that make the court?
[41:54.780 --> 41:58.940]  The charging witness is the court now the complaining witness
[42:00.140 --> 42:01.660]  Obviously
[42:01.660 --> 42:04.780]  If we do the agency twice like that
[42:04.780 --> 42:06.780]  The clerk is the employee
[42:07.740 --> 42:14.700]  Then the clerk basically is the agent for the court deputy is the agent for the clerk clerk's agent for the court
[42:15.900 --> 42:21.500]  That makes the court the complaining witness that doesn't invalidate the complaint
[42:22.540 --> 42:27.980]  But there's serious question as to whether that court can preside over that case
[42:27.980 --> 42:33.260]  So we've got the the makings of a disqualification
[42:33.980 --> 42:36.460]  Issue because the judge cannot be a witness
[42:37.420 --> 42:40.380]  Is the judge a witness if the deputy clerk is the complaining?
[42:41.100 --> 42:44.940]  Witness good question. We need to get that
[42:45.580 --> 42:47.580]  Pursued far enough to get a ruling
[42:48.700 --> 42:55.340]  Let's say that that doesn't work out that way. Let's say no the deputy clerk can do it and there's no conflict with the court
[42:55.340 --> 43:01.260]  It's a massive conflict with the court. So let's say that doesn't bother the the status quo
[43:01.740 --> 43:03.740]  There is another problem
[43:03.900 --> 43:09.980]  That other problem is we've got a complaining witness who is the custodian of that record
[43:10.460 --> 43:13.660]  We've got a party with an interest in that case who is now
[43:14.300 --> 43:18.060]  Handling that record day in and day out being the custodian
[43:18.860 --> 43:20.860]  over it
[43:20.860 --> 43:26.940]  And whether it knocks the judge out through disqualification or the clerk out through
[43:28.780 --> 43:31.340]  The manifest conflict of interest there
[43:32.220 --> 43:34.220]  The matter stinks
[43:34.380 --> 43:37.500]  There's a there's a massive problem here
[43:41.580 --> 43:43.740]  And I'm hearing we're about to go to another break
[43:44.460 --> 43:47.740]  All right, Herman hang on there and we'll get this wrapped up on the other side
[43:47.740 --> 43:54.460]  All right folks calling number is 5126461984. This is rule of law radio
[43:54.620 --> 43:59.820]  This is the monday night traffic show with my guest farm and tater. We will be right back on the other side of the park
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[45:01.660 --> 45:06.540]  The oklahoma city bombing top ten reasons to question the official story reason number one
[45:06.540 --> 45:14.060]  Jondo number two and other accomplices on the day of the bombing nearly all of the witnesses that saw tim mcbay and the writer truck
[45:14.460 --> 45:16.780]  report that he was accompanied by other perpetrators
[45:17.580 --> 45:21.100]  The fbi and federal prosecutors insist that tim mcbay alone
[45:21.500 --> 45:24.540]  Delivered the writer truck bomb to the murra building and detonated it
[45:25.180 --> 45:28.860]  The only witness the government produced a place mcbay at the building that morning
[45:29.260 --> 45:32.780]  Dana bradley who lost her children and one of her legs in the bombing
[45:32.780 --> 45:38.700]  Testified that she saw mcbay with another man the fable jondo number two exiting the writer truck
[45:39.500 --> 45:44.220]  While at least 15 other witnesses claim to have seen mcbay with other perpetrators the day of the bombing
[45:44.780 --> 45:50.460]  No less than 226 witnesses placed him with other men in the days before the bombing
[45:51.100 --> 45:57.820]  Including when he rented the writer truck and in some cases have positively identified the other perpetrators for more information
[45:57.820 --> 46:03.820]  Please visit okcbombingtruth.com
[46:17.100 --> 46:21.020]  All right folks, we are back again. This is rule of law radio
[46:21.580 --> 46:26.060]  And right now I am talking with my guest harman taylor and we are talking about the
[46:26.060 --> 46:30.860]  Issues of the clerk being the affiant in the criminal complaint
[46:31.500 --> 46:33.500]  and how that affects
[46:33.500 --> 46:35.500]  The right of due process
[46:36.060 --> 46:39.340]  When that same clerk is the custodian of the record
[46:40.780 --> 46:43.500]  All right harman, and it's a massive problem
[46:44.540 --> 46:47.980]  The statute never the 4501
[46:47.980 --> 46:55.580]  45.019 I get it out yet never intended for the clerks to be the affiants
[46:56.540 --> 46:59.340]  It intended for them to be the verifying party
[47:00.060 --> 47:02.060]  Play the judicial role
[47:02.300 --> 47:06.620]  Confirm that this is what the information from the witness is
[47:07.340 --> 47:09.340]  And handle paperwork
[47:09.340 --> 47:17.580]  The paperwork comes in not the witness the paperwork comes in and the clerks are becoming the witnesses
[47:18.060 --> 47:23.980]  Does that disqualify the court it should it should disqualify the court
[47:25.500 --> 47:31.340]  Why because the only reason that the clerk has access to that information at all
[47:32.380 --> 47:34.380]  Is the judicial employment
[47:34.380 --> 47:40.940]  Angle on the matter it's because she is there as a judicial officer or he
[47:41.420 --> 47:44.300]  Whoever the clerk is it's because the clerk is there
[47:45.260 --> 47:47.260]  Filling the judicial role
[47:47.900 --> 47:49.900]  in the administrative side
[47:50.380 --> 47:52.780]  That they have access to information at all
[47:54.380 --> 48:01.820]  So it doesn't and it's very important the fact that the clerk is the witness doesn't make the complaint bad
[48:01.820 --> 48:07.580]  That doesn't invalidate the complaint what it does is invalidate the court
[48:08.620 --> 48:13.740]  If the this is the argument we don't have anything in print that confirms this yet
[48:14.540 --> 48:16.140]  It's the argument
[48:16.140 --> 48:20.620]  The argument goes the clerk is now acting for the state
[48:21.020 --> 48:26.380]  Which means the clerk in the employment of the court that just shifted roles here
[48:26.780 --> 48:29.820]  Just shifted into a different part of separation of powers
[48:29.820 --> 48:33.900]  That act takes the whole court with the clerk
[48:34.700 --> 48:36.700]  Because what clerks an agent for the court?
[48:37.980 --> 48:41.900]  Principal cannot do through agency with the principal cannot do directly
[48:43.180 --> 48:49.420]  So the court can't get by with indirectly being the complaining witness and presiding over those cases
[48:50.220 --> 48:52.220]  That's fundamentally it's an agency
[48:53.100 --> 48:57.660]  Issue is the clerk the agent for the court for purposes of getting this started that's the issue
[48:57.660 --> 49:01.660]  Only these days are going to find out if it gets argued enough
[49:01.740 --> 49:06.860]  We're going to get one case that sits squarely on sufficiently good factual
[49:08.140 --> 49:15.420]  Foundation to get the ruling that's going to address this competently. Okay disqualifications one issue
[49:16.220 --> 49:21.980]  even more directly related even more directly related is
[49:21.980 --> 49:30.700]  When the clerk signs as a complaining witness can that party be anything be anywhere near that record ever again?
[49:31.980 --> 49:34.380]  We've now got a biased interested party
[49:35.020 --> 49:37.580]  Pretending to be custodian of that record
[49:37.980 --> 49:42.700]  It's not like they're dispassionate to it and can handle the record the right way
[49:43.100 --> 49:45.100]  So witness with an interest in the case
[49:45.580 --> 49:47.580]  Handling the record
[49:47.580 --> 49:55.180]  So whether it ever gets to the issue of disqualification of the court if it's also raised at the same time same case
[49:55.580 --> 50:00.620]  We've got a conflict of interest here. The record has to stay and therefore the clerk has to go
[50:01.500 --> 50:06.780]  And the clerks that have become complainants have to be fired because the records can't go anywhere
[50:07.580 --> 50:14.460]  Then we may never reach the disqualification issue because the clerks will stop doing it because they're going to have to be terminated
[50:14.460 --> 50:20.860]  Because they can't be screened from these cases because they're all over the place. They just can't be screened from it. They have to be fired
[50:21.900 --> 50:25.980]  So whichever way that works out. It's going to stop
[50:26.780 --> 50:30.860]  What what we're talking about here the point Eddie is raising is
[50:31.580 --> 50:38.780]  It needs to be raised look at the paperwork whenever the paperwork shows up. Look at it find out what that name is
[50:39.340 --> 50:41.340]  Find out who that is
[50:41.340 --> 50:48.940]  Find out who that is find out whether that party is in fact employed with that JP or municipal court
[50:49.500 --> 50:50.860]  and if so
[50:50.860 --> 50:54.060]  make of record the fact that the
[50:55.260 --> 50:58.940]  Signing witness a complaining witness on this thing is
[50:59.500 --> 51:04.860]  The one of the deputy clerks with the court and then have a couple of arguments ready to go
[51:04.860 --> 51:13.100]  One is disqualification in the other's conflict of interest with the clerk can't be custodian records and witness at the same time
[51:14.700 --> 51:21.980]  Yeah, I actually have exactly that issue in my case and the prosecuting attorney stood up and admitted on the record that
[51:22.060 --> 51:29.180]  Yes, that is a deputy clerk of the court. So what I don't understand. Mr. Craig's arguing about why that's a problem
[51:29.420 --> 51:31.420]  Well, of course not
[51:31.420 --> 51:37.580]  That right there folks is the level of ineptitude that we're dealing with here a prosecuting attorney
[51:37.980 --> 51:42.380]  It admits that she is so due processing competent
[51:42.940 --> 51:50.540]  That she cannot fathom how the court got involved on why having the clerk as a custodian of the record in the case
[51:50.860 --> 51:53.740]  And being the complainant is actually a problem
[51:55.580 --> 51:59.500]  Now that right there just goes way beyond
[51:59.500 --> 52:01.500]  Just common sense
[52:02.380 --> 52:07.180]  Now arm and there is one other thing that I recommended we start doing as far as
[52:07.580 --> 52:12.540]  People's individual cases go and I would like your opinion on this before we go to the next particular issue here
[52:14.140 --> 52:19.100]  Yesterday I brought up the point that what we may wish to start doing
[52:19.740 --> 52:21.500]  Is to avoid
[52:21.500 --> 52:23.500]  checking the court record
[52:24.540 --> 52:26.540]  for anything
[52:26.540 --> 52:33.820]  Simply because we do not yet know for certain or do we have you discovered any case law on the subject
[52:34.540 --> 52:38.940]  That says whether or not the appellate court will view that
[52:39.900 --> 52:46.380]  Delving into the record by the defendant as a waiver of notice. It can never be a waiver
[52:47.580 --> 52:53.180]  To go find out what's in the record. See there's this really weird rule. I say weird. I don't like the rule
[52:53.180 --> 52:58.300]  There are other states that do this in a manner that is much more to my satisfaction
[52:58.700 --> 53:04.940]  On the issue of when do we get notice of the ruling? Texas says that if the judge in the clerk can
[53:05.580 --> 53:11.900]  It doesn't say this. I'm translating. You'll get my feel for the drift of this thing in my translation
[53:12.860 --> 53:20.140]  The if the clerk and the court conspired together to keep away from the adversely affected party of the ruling
[53:20.940 --> 53:22.940]  that ruling
[53:22.940 --> 53:24.940]  Then that party is hosed
[53:25.900 --> 53:29.180]  There's a time period in there where the party has to get
[53:30.700 --> 53:32.700]  Notice of the order
[53:33.100 --> 53:38.140]  If they don't get notice of the order, there's a time period in there by which they can make that point
[53:38.780 --> 53:43.660]  Of record. I didn't get notice and then the the time periods change
[53:44.460 --> 53:45.740]  but
[53:45.740 --> 53:48.220]  the the technical read of that rule is
[53:48.220 --> 53:54.860]  The party has to find out in time then to follow motion and get a ruling that says they didn't get notice
[53:56.220 --> 54:02.940]  Or the whole thing goes by and because the ruling was never served on the party timely
[54:03.340 --> 54:07.980]  Then it operates fully against them as if they had notice even though they never got it
[54:08.700 --> 54:10.700]  I don't like the concept of that
[54:10.700 --> 54:17.980]  Maybe that came out in the description of it. There are other court systems. There are other states
[54:17.980 --> 54:20.940]  Well, we'll call them states for discussion purposes
[54:21.500 --> 54:29.420]  There are other states that say the appellate timetable doesn't start until after the clerk can prove the date of service
[54:30.460 --> 54:36.700]  And on things like that when you actually get service, it's really okay to confirm. Yes, that's when I got service
[54:36.700 --> 54:40.220]  And it it saves costs for everybody all the way around
[54:40.540 --> 54:45.660]  But to trigger it on the date of service by the clerk rather than the date of entry by the judge
[54:45.980 --> 54:49.500]  Is all the world different all the world different
[54:50.300 --> 54:54.300]  And so the the question here is when
[54:54.940 --> 54:56.140]  the
[54:56.140 --> 55:00.860]  When we get to the point of going up on the appeal
[55:01.340 --> 55:04.140]  When does what happen and in Texas?
[55:04.140 --> 55:06.700]  It's possible to get snookered
[55:07.500 --> 55:15.580]  In Texas it is possible to get snookered. So we do where we hit it. We do have to check the record
[55:16.460 --> 55:19.420]  To see what they're doing behind our back
[55:20.300 --> 55:27.500]  And I don't like that. I don't like that at all. It it tends to encourage that very sort of behavior
[55:27.500 --> 55:34.540]  Now because we have to go check the record. Is that notice? No, what's notice notice is delivery to us
[55:35.500 --> 55:39.980]  In a meaningfully timely manner of the paperwork
[55:41.500 --> 55:45.500]  And it takes us to article 25.04
[55:46.780 --> 55:50.620]  Which for misdemeanor cases it's not 45.08 for
[55:51.500 --> 55:53.500]  JP and municipal courts
[55:53.500 --> 55:57.500]  It's up into misdemeanor matters and maybe it should apply
[55:58.060 --> 56:02.060]  The rule is Texas does not have to give notice
[56:02.940 --> 56:04.940]  Okay, Supreme Court of the United States says
[56:05.820 --> 56:07.820]  That the defendant has to get notice
[56:08.380 --> 56:11.900]  State of Texas says if they want notice they can go read the record
[56:13.100 --> 56:17.980]  It's exactly what the statute says. Well, I say exactly that's the concept that the statute says
[56:18.620 --> 56:22.620]  So we don't have to give notice. We accept the statute
[56:22.620 --> 56:24.620]  Notice we
[56:24.940 --> 56:30.220]  Excuse ourselves from the duty of due process. That's what the statute does
[56:30.620 --> 56:35.340]  We excuse ourselves from the duty of due process. Can that happen? No
[56:36.780 --> 56:37.980]  No
[56:37.980 --> 56:44.940]  The thing is there are not enough people in the position of complaint to know what notice has to consist of
[56:45.020 --> 56:48.220]  Who are then also in a position to argue their case
[56:48.940 --> 56:50.940]  To complain about lack of notice
[56:50.940 --> 56:57.340]  And so they say, oh, well, we don't have to do it. Here's the statute 25.04. Okay, 25.04
[56:58.940 --> 57:00.940]  Defies due process
[57:01.500 --> 57:04.620]  State is not ever excused from its duty
[57:05.260 --> 57:09.420]  To give notice not even in a law of the C system
[57:10.060 --> 57:12.060]  They have to give notice
[57:12.380 --> 57:17.660]  It has to be meaningful. It has to be timely. It has to allow the opportunity to respond
[57:17.660 --> 57:19.660]  All of that matters
[57:20.060 --> 57:28.540]  So do we get charged with notice when we go dig into the record? The answer is no
[57:29.180 --> 57:31.180]  Absolutely, positively not
[57:32.060 --> 57:36.380]  They have a duty to give notice. What's that delivery of the paperwork?
[57:37.260 --> 57:46.060]  Delivery of paperwork that says here's what's being said against you and here's the contact party for your written response
[57:46.060 --> 57:50.620]  Okay, if we don't if we don't have all that we need to complain that we don't have all of that
[57:51.180 --> 57:54.540]  And document it and document it and document it. Why?
[57:55.420 --> 57:59.420]  Because wait notice is one of the easiest things on the planet to waive
[58:02.460 --> 58:07.420]  All right folks, we're going to take another break. We'll pick back up on the other side with Harman Taylor
[58:07.420 --> 58:09.420]  This is we'll move on radio
[58:09.420 --> 58:16.300]  Rule of law radio. Uh, Walt Robert, we do see you there on the board. Please hang on. There are some of these issues
[58:16.300 --> 58:21.260]  We want to get out for general purposes to everybody before we start taking any calls. So please be patient
[58:21.260 --> 58:38.940]  This is Eddie Craig, Deborah Stevens, Randy Kelton rule of law. We will be right back after this break
[58:51.580 --> 58:53.580]  You
[59:00.300 --> 59:03.900]  Would you like to make more definite progress in your walk with god
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[59:41.180 --> 59:50.460]  Basic elements of the christian life call bibles for america toll-free at 888-551-0102
[59:50.620 --> 59:59.180]  That's 888-551-0102 or visit us online at bfa.org
[01:00:00.700 --> 01:00:04.540]  This news brief brought to you by the international news net
[01:00:04.540 --> 01:00:12.060]  Syrian leader Bashar al-Assad intensified his assault on the city of hams friday after a un general assembly vote
[01:00:12.300 --> 01:00:19.020]  Called on him to step down general assembly resolutions are non-binding but reflects world opinion on major issues
[01:00:19.420 --> 01:00:24.860]  Just 11 nations joined syria in voting against the resolution led by russia and china
[01:00:25.020 --> 01:00:28.780]  Which vetoed a similar measure in the un security council early this month
[01:00:28.780 --> 01:00:37.900]  A suicide bomb ripped through a pakistani market friday killing at least seven people in wounding 45 others
[01:00:37.980 --> 01:00:40.620]  Near a mosque in the country's tribal badlands
[01:00:41.100 --> 01:00:46.460]  The bomb exploded near a sunni muslim mosque during friday prayers and parochinar
[01:00:46.860 --> 01:00:52.620]  A former flashpoint for sectarian violence between the majority sunni and minority shiites
[01:00:52.620 --> 01:01:00.700]  The york times correspondent and two-time Pulitzer prize winner antony shadeed died thursday in syria of an apparent
[01:01:00.700 --> 01:01:07.100]  Asthma attack while reporting on the uprising shadeed who survived a gunshot wound in the west bank in 2002
[01:01:07.420 --> 01:01:13.740]  And was captured for six days in libya last year was returning with smugglers from syria to turkey when he collapsed
[01:01:15.900 --> 01:01:22.460]  Despite a recent 25 billion dollar settlement agreement between state attorneys general and the nation's largest
[01:01:22.460 --> 01:01:29.420]  Banks over fraudulent home foreclosures a new california study indicates many of the same illegal foreclosure
[01:01:29.420 --> 01:01:36.460]  Practices are still occurring at alarming rates experts and officials who've conducted studies in other parts of the country
[01:01:36.780 --> 01:01:43.820]  Say the audit this week showing rampant foreclosure abuse in san francisco reflected similar levels across the u.s
[01:01:44.300 --> 01:01:48.940]  The city's audit of almost 400 foreclosures found 84 were illegal
[01:01:48.940 --> 01:01:53.420]  Jeff thick pen registrar of deeds in gilford county, north carolina
[01:01:54.060 --> 01:02:01.420]  Examined 6100 mortgage documents created between january 2008 and december 2010 of those
[01:02:02.060 --> 01:02:08.300]  4500 showed signature irregularities a telltale sign of the illegal practice of robo signing
[01:02:08.860 --> 01:02:11.820]  Details of last week's settlement are still being hashed out
[01:02:11.900 --> 01:02:16.140]  But they're not expected to include any admission of wrongdoing by the banks
[01:02:16.140 --> 01:02:21.820]  A palestinian prisoner on the 62nd day of a hunger strike
[01:02:22.060 --> 01:02:25.500]  Shackled to a bed and in israeli hospital lies near death
[01:02:25.900 --> 01:02:32.300]  Carter adnan is being held without charge by israeli authorities under a four month term of administrative detention
[01:02:32.620 --> 01:02:38.140]  He began his hunger strike the day after he was arrested adnan's lawyers have petitioned israel's supreme court
[01:02:38.300 --> 01:02:44.220]  But no data has been set for a hearing adnan's hunger strike is in protest at his detention without charge
[01:02:44.220 --> 01:02:49.820]  Or being informed of any evidence against him and over abuse during his arrest and interrogation
[01:02:50.140 --> 01:02:55.820]  This is adnan's ninth period of detention even though he has never committed an act of violence against israel
[01:02:55.820 --> 01:03:12.540]  You are listening to the logos radio network logos radio network.com
[01:03:26.780 --> 01:03:32.060]  I read his book and it says it cares not for the unsightly
[01:03:34.540 --> 01:03:38.540]  These warmongers come by that term rightly
[01:03:43.340 --> 01:03:46.140]  I won't pay for the war with my body
[01:03:46.700 --> 01:03:49.580]  Ain't gonna pay for their car with my money
[01:03:50.060 --> 01:03:52.860]  I won't pay for the fun with my body
[01:03:52.860 --> 01:03:56.460]  They're friends wicked and their logic shoddy
[01:03:56.860 --> 01:03:59.740]  Ain't gonna pay for the war with my body
[01:04:00.220 --> 01:04:03.020]  I won't pay for the boys with my money
[01:04:03.020 --> 01:04:06.380]  All right folks we are back this is rule of law radio
[01:04:07.020 --> 01:04:11.980]  All right wall robert took me we see there on the board hang on just a moment and we will get to you
[01:04:11.980 --> 01:04:14.300]  We got one last issue to bring up here
[01:04:17.020 --> 01:04:19.020]  Harmon what I'd like to ask about next
[01:04:19.020 --> 01:04:27.100]  Is when that these lower courts have the issue of a challenge to their jurisdiction laid in front of them
[01:04:27.740 --> 01:04:34.620]  Uh including when that challenge is based upon lack of notice or any other thing that would normally
[01:04:34.860 --> 01:04:36.860]  Deprive the court of jurisdiction
[01:04:37.340 --> 01:04:43.500]  And the court wishes to assert under its own authority. We have it. We're proceeding
[01:04:43.500 --> 01:04:51.100]  How can we address that and make sure that that's something that can be brought up on appeal
[01:04:51.660 --> 01:04:55.580]  Or whatever so that that opportunity to document is not lost
[01:04:56.540 --> 01:05:01.100]  Okay, two things to go here generically in jurisdiction. There's three pieces
[01:05:02.300 --> 01:05:06.380]  Generically, there are three pieces that the court has to have
[01:05:07.180 --> 01:05:10.940]  In order to have the authority to enter a valid ruling
[01:05:10.940 --> 01:05:12.940]  Subject matter jurisdiction
[01:05:14.380 --> 01:05:17.660]  Personal jurisdiction and proper venue
[01:05:18.780 --> 01:05:23.900]  Subject matter jurisdiction can be pretty much anything for the municipal courts. It is
[01:05:24.540 --> 01:05:26.300]  Fine only cases
[01:05:26.300 --> 01:05:31.100]  It's not just that we go read the statutes and the court can do this other and this other and this other
[01:05:31.820 --> 01:05:37.340]  But the topics the generic type of controversy or case
[01:05:37.980 --> 01:05:39.980]  Is subject matter jurisdiction
[01:05:39.980 --> 01:05:45.500]  Uh just to throw out another example federal courts have subject matter jurisdiction
[01:05:45.980 --> 01:05:50.220]  If the two parties live in different states and the amount in controversy
[01:05:51.100 --> 01:05:54.700]  Gets to or exceeds a certain dollar amount
[01:05:56.220 --> 01:06:01.260]  So there we're not talking about necessarily any particular topic at all
[01:06:01.900 --> 01:06:05.100]  It's just one party's in new york the other party's in california
[01:06:05.100 --> 01:06:13.820]  And they've got a dispute in some kind of area that it equals or exceeds the minimum amount controversy
[01:06:14.060 --> 01:06:18.060]  So that in five thousand dollars hundred thousand dollars whatever it happens to be these days
[01:06:19.500 --> 01:06:24.220]  Subject matter jurisdiction the other one's the next one's personal jurisdiction. That's the notice issue
[01:06:24.700 --> 01:06:30.140]  Personal jurisdiction is the fundamental question of of whether that
[01:06:30.860 --> 01:06:32.700]  party
[01:06:32.700 --> 01:06:37.900]  Is subject to the court's essentially geographic scope
[01:06:39.180 --> 01:06:41.180]  Geographic scope
[01:06:41.180 --> 01:06:44.700]  uh, and so that's where we get into long arm statutes and
[01:06:45.740 --> 01:06:51.820]  The the reason that panoramic nephew no longer applies and takes us to the money issue and things like that
[01:06:52.220 --> 01:06:55.020]  The subject matter jurisdiction has to do with what the case is about
[01:06:55.420 --> 01:07:00.220]  Personal jurisdiction is whether that court can properly assert jurisdiction over that party
[01:07:00.220 --> 01:07:06.620]  And third thing is venue. There are any number of courts in texas
[01:07:07.340 --> 01:07:10.940]  And the tickets issued in say austin
[01:07:11.740 --> 01:07:17.420]  Are not going to be tried in a court in the waco or san Antonio or corpus or houston
[01:07:18.220 --> 01:07:22.620]  Venue actually there is a slight problem with that here. There are times
[01:07:23.260 --> 01:07:25.260]  When wilmson county
[01:07:25.260 --> 01:07:29.660]  Is actually trying tickets that are issued in travis county
[01:07:30.700 --> 01:07:36.300]  And they have some sort of intercity agreement that they say allows them to do that
[01:07:36.780 --> 01:07:41.340]  But i don't know how the cities would have the authority to create such an agreement
[01:07:41.820 --> 01:07:45.740]  Well, it's something that is uh, it's an interesting issue
[01:07:46.460 --> 01:07:51.820]  And it's a venue study there may or may not be authority for them to do that
[01:07:51.820 --> 01:07:57.180]  And if there's a legitimate question on the point then it needs to be raised
[01:07:57.660 --> 01:08:03.260]  And raised far enough and strong enough to see if we can get a ruling on it to
[01:08:03.980 --> 01:08:07.420]  Satisfy our minds that yeah, that really is an issue or
[01:08:07.980 --> 01:08:10.700]  It's it's just not letting do what they want to do
[01:08:11.180 --> 01:08:15.500]  But subject matter jurisdiction personal jurisdiction venue court has to have those
[01:08:16.060 --> 01:08:19.340]  Or there's no valid ruling now
[01:08:19.340 --> 01:08:24.380]  Personal jurisdiction and venue can be waived the easiest thing on the planet to waive
[01:08:25.660 --> 01:08:31.580]  So we've got to be mindful of personal jurisdiction and venue can never waive subject matter jurisdiction
[01:08:31.980 --> 01:08:37.980]  Subject matter jurisdiction is not a matter of agreement between the parties. You can't just say yeah, okay
[01:08:37.980 --> 01:08:39.980]  Let's go ahead in this court can't do that
[01:08:40.460 --> 01:08:46.540]  Subject matter jurisdiction is highly regulated. It's why it can be raised as sense. I mean you do your appeal timely
[01:08:46.540 --> 01:08:51.020]  But you do your appeal timely raise subject matter jurisdictions any time
[01:08:52.300 --> 01:08:55.580]  In other words, you're on appeal. Oh, I didn't think about this before
[01:08:56.300 --> 01:09:00.380]  Disqualification issues subject matter jurisdiction issue can be raised on appeal
[01:09:01.180 --> 01:09:03.980]  Not necessarily the best way to go about it
[01:09:04.700 --> 01:09:08.460]  But subject matter jurisdiction can never be waived
[01:09:09.420 --> 01:09:14.380]  Okay, so we're talking about a court in courts jurisdiction. We complain to the court
[01:09:14.380 --> 01:09:17.660]  No jurisdiction. Let's talk about how we do that
[01:09:18.620 --> 01:09:21.180]  How do we complain to the court in writing?
[01:09:22.700 --> 01:09:24.700]  Typically by some kind of motion
[01:09:25.340 --> 01:09:28.940]  If it's a jurisdictional thing it'd probably be a motion to dismiss
[01:09:30.700 --> 01:09:36.860]  The concept there being we have to raise our objection in writing and we need to do it timely
[01:09:37.500 --> 01:09:38.620]  so we did
[01:09:38.620 --> 01:09:40.620]  We just put everything that we have in the way of
[01:09:40.620 --> 01:09:48.780]  A jurisdictional argument in a motion. I don't see your subject matter jurisdiction. Well, that's the reason why I don't see personal jurisdiction
[01:09:49.420 --> 01:09:55.020]  In addition to the fact I don't agree to it and no service and no notice here. No personal jurisdiction
[01:09:55.580 --> 01:10:00.860]  Uh, no venue. This was a Travis County deal. What are we doing in Williamson County? This sort of thing
[01:10:01.740 --> 01:10:03.740]  The document put it in a motion
[01:10:03.740 --> 01:10:12.620]  And it's generally a good idea on any kind of motion to talk truthfully about facts
[01:10:13.340 --> 01:10:17.500]  And to confirm to everybody all the way up the line that you meant it at the time
[01:10:17.980 --> 01:10:23.020]  And that you're correct about it and you're not going to change your mind on it. Put it in a verified motion
[01:10:23.900 --> 01:10:30.060]  Verified motion is where you say everything I'm saying in here is true under penalty of perjury
[01:10:30.060 --> 01:10:35.420]  So I'm lying to you put me in jail. I'm not lying to you. This is what happened and this is what didn't happen
[01:10:35.820 --> 01:10:37.820]  and here's the dates I've got
[01:10:38.380 --> 01:10:40.860]  and so we put that in verified form
[01:10:41.820 --> 01:10:43.820]  and now we've got
[01:10:43.900 --> 01:10:46.460]  We've got basis good basis solid basis
[01:10:47.340 --> 01:10:52.940]  For the motion, but yeah, the thing about jurisdiction is it needs to be objected to in writing
[01:10:52.940 --> 01:10:59.420]  And it's okay to follow a concept of deorder of pleading. We're not going to waive anything after we've asserted it
[01:11:00.060 --> 01:11:04.620]  We assert it. We just continue to assert it say we got this we got this objection
[01:11:05.420 --> 01:11:08.220]  Sometimes the court doesn't really know
[01:11:08.940 --> 01:11:13.740]  whether subject matter jurisdiction personal jurisdiction or a venue are suitable
[01:11:14.300 --> 01:11:17.660]  Until trial some of these issues are proper for trial
[01:11:18.300 --> 01:11:20.300]  So some of them in no way that
[01:11:20.300 --> 01:11:25.180]  The fit is ever going to be made. So those should be ruled on ahead of time
[01:11:25.820 --> 01:11:29.580]  And then the JP courts and municipal courts municipal courts are record
[01:11:30.540 --> 01:11:34.780]  Getting those kinds of things ruled on ahead of time in our favor is
[01:11:36.380 --> 01:11:40.380]  Unlikely that doesn't mean that the the ruling against us is correct
[01:11:41.020 --> 01:11:44.540]  That means the system is burdening us to make our point
[01:11:44.540 --> 01:11:49.820]  And I have more than one story very credible source
[01:11:50.460 --> 01:11:55.740]  A lawyer goes into the court and says never got timely notice court says case dismissed
[01:11:56.460 --> 01:12:01.020]  Pro say I'll go in 15 minutes later exact same court same docket same
[01:12:01.580 --> 01:12:04.140]  Everything judge. I got no notice overruled
[01:12:06.460 --> 01:12:11.260]  So the prosays have just got to be fully ready willing and able
[01:12:11.260 --> 01:12:15.980]  To document the case get kicked in the head all the way through the first trial process
[01:12:16.620 --> 01:12:18.620]  And then take the thing up on appeal
[01:12:19.100 --> 01:12:24.860]  We have to know what the procedures are at trial. We've got to know what the procedures are on appeal
[01:12:25.180 --> 01:12:29.100]  We've got to know the mechanism of the transition from one to the other
[01:12:29.660 --> 01:12:34.380]  And if necessary just have the the war chest as it's called have the
[01:12:34.940 --> 01:12:38.620]  piggy bank over there oh with sufficient funds in it
[01:12:38.620 --> 01:12:40.620]  To afford the appeal
[01:12:42.220 --> 01:12:50.860]  But we we can expect right now because they just have they have not been impressed with how bad the problem is
[01:12:51.980 --> 01:12:53.980]  That who's that the decision makers?
[01:12:54.300 --> 01:13:00.780]  They have not felt the receiving end of the consequences legally. I'm talking about
[01:13:01.580 --> 01:13:07.660]  What the consequences are when they continue to assert jurisdiction they don't have and I don't want to spend a whole lot of time on that
[01:13:07.660 --> 01:13:09.660]  But at the end of the day
[01:13:10.620 --> 01:13:14.620]  The judge that acts without jurisdiction has no immunity
[01:13:16.460 --> 01:13:18.460]  Has no immunity
[01:13:19.980 --> 01:13:21.980]  So what else we want to talk about jurisdiction
[01:13:22.540 --> 01:13:24.540]  Just document it put it in a motion
[01:13:24.860 --> 01:13:28.860]  That's exactly it and that's the part that I keep trying to tell everybody in the class
[01:13:29.020 --> 01:13:32.220]  We do everything in writing no exceptions
[01:13:32.220 --> 01:13:39.340]  Everything is done in writing got to do it. It's a good head whether it be affidavits motions doesn't matter
[01:13:39.740 --> 01:13:44.140]  Anything that occurs in your case that needs to be a part of the record for appeal
[01:13:44.300 --> 01:13:51.500]  You get it in writing and you get it filed. You always do it verified if it is asserting specific facts
[01:13:52.540 --> 01:13:57.660]  Relevant to your rights or illegal activities by the other party
[01:13:57.660 --> 01:14:03.900]  So even if it's just facts see whether it whether it gets to that stage or not right now
[01:14:04.620 --> 01:14:07.100]  a verified a verified document
[01:14:08.140 --> 01:14:14.300]  Keeps should keep everybody on the up and up and we're not we're not the ones that are going to have that problem
[01:14:14.700 --> 01:14:19.740]  We just need to document the case and then be prepared to take it on up the line all the way up the line
[01:14:21.660 --> 01:14:23.340]  Well, do you feel like taking a few
[01:14:23.340 --> 01:14:25.180]  Absolutely looking forward to it
[01:14:25.180 --> 01:14:30.380]  We got about two and a half minutes left before we go to break but we're going to go ahead and start with walt in new york
[01:14:31.020 --> 01:14:32.860]  Walt what can we do for you?
[01:14:32.860 --> 01:14:38.060]  Yes, uh, good evening eddie and mr. Taylor. I didn't quite get your first name is it harman or harman
[01:14:38.620 --> 01:14:40.940]  It's harmony without the y it's with an h
[01:14:41.500 --> 01:14:46.780]  Okay, harman. Nice to meet you. Good to meet you. Thanks for the call. Okay. I got two questions for you
[01:14:47.500 --> 01:14:52.380]  Uh wild back maybe a month ago or a little more you made a stunning statement
[01:14:52.380 --> 01:14:54.380]  I'll hold that one up
[01:14:55.420 --> 01:14:57.420]  first question is
[01:14:57.420 --> 01:15:02.300]  Regarding oaths of office when you take an oath to uphold the constitution. I know judges
[01:15:03.180 --> 01:15:05.180]  and other government officials if they
[01:15:05.820 --> 01:15:11.820]  Take an oath and they're in one court and they get promoted or they go to another court. They have to take a second oath
[01:15:12.780 --> 01:15:15.740]  But what about other government officials when they
[01:15:16.300 --> 01:15:20.380]  Take the oath and they get promoted to a different or higher position in the government
[01:15:20.380 --> 01:15:23.660]  So they have to take a second oath also every time they change their jobs
[01:15:24.460 --> 01:15:27.980]  Probably it really depends upon what their job is
[01:15:30.300 --> 01:15:35.980]  Uh in in general we can expect the judicial officers to need to take an oath of some kind
[01:15:37.420 --> 01:15:43.660]  There are legislative positions. There are executive positions that have some kind of oath associated with them
[01:15:44.140 --> 01:15:47.020]  Staff positions don't necessarily have the oath
[01:15:47.020 --> 01:15:53.820]  That's what i'm saying. It depends on the on the position. They can be in government not necessarily be under oath
[01:15:54.140 --> 01:15:57.740]  Why would you say you're in one branch of government? You take the oath
[01:15:58.380 --> 01:16:02.220]  Why would you have to take a second oath if you're in the same branch of government?
[01:16:02.620 --> 01:16:08.140]  Would this be the same in the same branch as in one judge to another? Yeah. Yeah, what's the difference?
[01:16:09.180 --> 01:16:11.180]  Well, the difference is the requirements
[01:16:11.900 --> 01:16:14.620]  If a judge becomes a visiting judge
[01:16:14.620 --> 01:16:21.500]  He is required by law to take the oath every time he sits as a visiting judge
[01:16:21.580 --> 01:16:24.060]  He can't take it once and that'd be enough
[01:16:24.620 --> 01:16:27.660]  Every time he assumes the bench in a new case
[01:16:28.220 --> 01:16:32.700]  Or for a new session. He is required to retake that oath
[01:16:33.260 --> 01:16:35.740]  He's not in his normal position
[01:16:37.260 --> 01:16:42.860]  If they change jobs, they have to take the oath to do their duty in that job
[01:16:42.860 --> 01:16:49.100]  Okay, I got a second question. Okay. Well, hang on. We're going to go to break. You can ask it on the other side. Walton. Okay
[01:16:50.140 --> 01:16:55.580]  All right, folks. This is ruling of law radio calling number is five one two six four six 1984
[01:16:55.740 --> 01:16:59.500]  We have harm and tater on give us a call if you got a question. We'll be right back
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[01:19:05.020 --> 01:19:07.020]  Ain't gonna fly me
[01:19:10.620 --> 01:19:12.620]  Don't bore me
[01:19:17.260 --> 01:19:19.260]  Well
[01:19:19.260 --> 01:19:21.260]  I
[01:19:39.180 --> 01:19:42.380]  Hi folks, we are back this is rule of law radio
[01:19:42.380 --> 01:19:49.900]  Okay, we still have a few callers on the board waltz robert wendy right now. We are talking to waltz. All right waltz
[01:19:49.900 --> 01:19:55.660]  Let's wrap you up here. Okay. At first thing. I want to say too is I apologize for a couple weeks ago when I called
[01:19:55.660 --> 01:19:59.980]  My phone went dead. So I'm sorry about that when you were answering my question. That's okay
[01:20:00.460 --> 01:20:04.860]  My second question to harman is he made a stunning statement about a month ago
[01:20:05.980 --> 01:20:10.220]  And he said there's no such thing as public property
[01:20:10.220 --> 01:20:12.220]  And my question is
[01:20:12.620 --> 01:20:19.340]  What's the significance of that information and how does that relate to the laws of our land and the constitution of the united states?
[01:20:21.180 --> 01:20:24.460]  You're not likely to answer waltz. I can tell you that right now
[01:20:25.820 --> 01:20:31.500]  Well, go ahead. No, you go ahead. I'm just letting you know. He's not getting what he's expecting from that answer
[01:20:32.220 --> 01:20:37.820]  Uh, we don't really have time to answer all that. So I'll try to be real brief. Of course, there is no constitution
[01:20:37.820 --> 01:20:44.380]  So there's no relationship there and the the thing about public versus private property
[01:20:44.380 --> 01:20:50.300]  We've got to understand that the system that that serves the function of government right now
[01:20:50.780 --> 01:20:53.180]  Isn't really a public thing
[01:20:53.900 --> 01:20:56.620]  In the respect that we normally think about public
[01:20:57.260 --> 01:21:00.300]  It's a private thing that functions publicly
[01:21:01.260 --> 01:21:03.900]  It's a private thing that has all of the
[01:21:03.900 --> 01:21:08.300]  The language that it operates with against us
[01:21:09.020 --> 01:21:11.580]  That's out there published publicly
[01:21:12.700 --> 01:21:17.420]  Where gm has its contracts and a vault somewhere those are private
[01:21:19.100 --> 01:21:25.180]  The government has all of its agreement language published a lot of people call them statutes
[01:21:26.300 --> 01:21:31.180]  So the there are some things to call considered public
[01:21:31.180 --> 01:21:37.820]  It that's part of it. There really is no such thing as public property. It's all privately owned
[01:21:38.460 --> 01:21:46.060]  It may be privately owned by entities that have to for all kinds of political reasons need to allow public access
[01:21:46.700 --> 01:21:52.460]  Just generic off the street anybody can can use it like picnic tables along the highway
[01:21:53.740 --> 01:21:58.060]  But it really is not themselves public property. It's private property
[01:21:58.060 --> 01:22:01.980]  But what about the highways and the streets and the sidewalks and everything?
[01:22:02.620 --> 01:22:05.420]  Okay, those are going to be treated as public access
[01:22:06.060 --> 01:22:07.980]  No question about it
[01:22:07.980 --> 01:22:12.380]  But when we're going to see this more and more with the toll roads, we're going to confirm that it's private
[01:22:13.340 --> 01:22:16.140]  The there's an ownership interest in those streets
[01:22:16.460 --> 01:22:18.620]  And if it's a county ownership interest
[01:22:19.100 --> 01:22:22.460]  Then it's the county funds that'll pay for the trucks to go and the people
[01:22:23.100 --> 01:22:25.100]  To go repay them
[01:22:25.100 --> 01:22:30.460]  If it's a national road, then that's the group of people that do the contracts and funding of the
[01:22:31.100 --> 01:22:33.500]  Of the roadways to keep them functional
[01:22:34.460 --> 01:22:35.980]  but
[01:22:35.980 --> 01:22:37.740]  it's
[01:22:37.740 --> 01:22:41.740]  That's that's a good one in the sense that it is public access for sure
[01:22:42.540 --> 01:22:47.660]  Okay, we move we move a little bit toward the buildings and the private security
[01:22:48.780 --> 01:22:53.980]  That you know, they're on the federal payroll, but they check everybody's bags and things
[01:22:53.980 --> 01:22:55.980]  It's private property
[01:22:56.540 --> 01:23:01.660]  All right, Harman. This one final thing. You said there's no constitution. Do you mean practically or legally?
[01:23:02.300 --> 01:23:04.300]  Yes
[01:23:06.940 --> 01:23:10.700]  The the national constitution never was
[01:23:11.900 --> 01:23:17.420]  The state constitutions have never been if there's an exception to that it's alabaman, texas
[01:23:18.060 --> 01:23:23.180]  It's impossible to have a constitutional system of the kind that we're talking about here
[01:23:23.180 --> 01:23:25.980]  Without an on a system of weights and measures
[01:23:26.460 --> 01:23:30.460]  So the instant the on a system of weights and measures went away the most recent
[01:23:31.020 --> 01:23:34.140]  time period for that being circa 1965
[01:23:35.660 --> 01:23:42.380]  It's impossible to run the constitutional system. Why the constitutional system cannot exist in the law of the sea
[01:23:43.020 --> 01:23:45.900]  Platform it has to have a law the land platform
[01:23:46.780 --> 01:23:51.500]  So we're money circular funny money circulates. That's a law of the sea platform
[01:23:51.500 --> 01:23:55.660]  The law of the sea is the only kind of system that can tolerate funny money
[01:23:57.100 --> 01:24:01.900]  So the minute we realize the connection between the money and and the choice of law
[01:24:02.780 --> 01:24:08.380]  We look in our our pocket books and we say we cannot possibly have a constitutional system
[01:24:08.940 --> 01:24:10.940]  It happens that
[01:24:11.180 --> 01:24:15.980]  We've never had a constitutional system, which is why they was possible to change out the money
[01:24:15.980 --> 01:24:25.580]  But no state right now we call them calm states are not really their counties within the place called this state
[01:24:26.140 --> 01:24:28.140]  Which is also known as united states
[01:24:28.940 --> 01:24:35.820]  But there are no state constitutions. There is no national constitution. We've never had any of those
[01:24:36.700 --> 01:24:41.340]  If we had had we wouldn't have the situation that we've got right now. It just wouldn't be possible
[01:24:41.340 --> 01:24:46.140]  What's the situation we've got right now? We've got a choice of law of its law of the land
[01:24:46.540 --> 01:24:50.700]  Which tolerates funny money if we had constitutions if we had them
[01:24:51.100 --> 01:24:54.860]  The only thing that would pass as legal tender would be gold and silver coin
[01:24:55.340 --> 01:25:01.420]  Or the paper that could be immediately traded for gold and silver coin in other words the certificates
[01:25:02.380 --> 01:25:06.620]  We've got something other than that right now. It's it's uh, it's a debt
[01:25:07.260 --> 01:25:09.580]  Instrument. It's not really even dead. It's called credit
[01:25:09.580 --> 01:25:12.860]  What's credit? Well, whatever they want it to be
[01:25:14.220 --> 01:25:18.540]  But yeah, fundamentally we we do not now have and have never had a constitution
[01:25:19.580 --> 01:25:21.580]  And it's a wicked paradigm shift
[01:25:22.620 --> 01:25:24.620]  So appreciate the call
[01:25:24.780 --> 01:25:26.460]  Okay, thank you. Yeah, waltz
[01:25:26.460 --> 01:25:29.100]  I was just going to mention to you also that uh,
[01:25:29.580 --> 01:25:35.420]  Harman's discussed this at great length on some of the other shows where he's been on for like four hours on Friday nights
[01:25:35.420 --> 01:25:40.380]  So the best thing for you to do to kind of get caught it get up to speed on these issues with Harman
[01:25:40.700 --> 01:25:45.580]  is to go to the archive page on the logo's radio network website and and
[01:25:46.220 --> 01:25:49.660]  Type in the word Harman or Harman Taylor in the search window
[01:25:49.900 --> 01:25:54.540]  And then you it'll pull up a list of all the archives that Harman is on you can listen to those and get caught up
[01:25:55.260 --> 01:26:01.180]  Okay, are you guys ready for the next caller? We are ready. Yeah, let's go ahead and take robert there
[01:26:01.180 --> 01:26:05.100]  Since he's been holding for small robert. What can we do for you?
[01:26:05.900 --> 01:26:10.380]  And robert just dropped off right when you went to take his call
[01:26:10.940 --> 01:26:18.220]  All right robert if you're out there listening call us back right now. We're going to go to wendy in california wendy. What can we do for you?
[01:26:19.180 --> 01:26:23.900]  Hi, um, I was wondering what to do in the case where um, if the traffic
[01:26:25.020 --> 01:26:27.020]  stopped and their
[01:26:27.020 --> 01:26:33.820]  charges were a failure to be to present license failure to show registration and and then also
[01:26:34.460 --> 01:26:35.500]  um
[01:26:35.500 --> 01:26:36.860]  insurance
[01:26:36.860 --> 01:26:38.860]  But where are you driving at the time?
[01:26:39.740 --> 01:26:45.260]  Do we want to be driving? Hold on. That's why i'm asking. Were you driving at the time?
[01:26:45.980 --> 01:26:47.020]  No
[01:26:47.020 --> 01:26:49.020]  Good, that's the correct answer
[01:26:51.100 --> 01:26:52.700]  Okay
[01:26:52.700 --> 01:27:00.220]  Okay, thank you. She's one of your students. Yes. She is okay. She's a regular caller trying to fight this issue out there in california
[01:27:00.220 --> 01:27:05.500]  Harman, you want to help her out here with what you got on it? Yeah, really briefly the the thing
[01:27:06.140 --> 01:27:09.340]  There is to know and this is the case with any case
[01:27:10.060 --> 01:27:13.340]  The thing to do is to know what we're getting into at the time
[01:27:13.820 --> 01:27:20.300]  And so where we're at the situation where the mars lights go on and we get stopped and they treat us
[01:27:20.300 --> 01:27:26.940]  Very professionally and say we uh, give us your life history and do it now and we don't do that
[01:27:27.420 --> 01:27:33.500]  They say well, this is uncomfortable for us. You put us in a bad position. We're going to have to write you up for 14 things
[01:27:34.220 --> 01:27:38.540]  Okay, they start writing out all these tickets. Here's all these tickets. You owe us $4,500
[01:27:39.100 --> 01:27:40.940]  See in court
[01:27:40.940 --> 01:27:48.060]  Okay, this is where it matters that we know what we're getting into before we ever get into that circumstance
[01:27:48.060 --> 01:27:51.500]  The failure to present a license
[01:27:52.460 --> 01:27:58.060]  Only matters if we're actually in transportation, which is why I'm getting into the driving issue
[01:27:58.620 --> 01:28:00.620]  Driving being a terribly
[01:28:01.180 --> 01:28:02.540]  detailed
[01:28:02.540 --> 01:28:04.300]  Semantical term
[01:28:04.300 --> 01:28:08.380]  It doesn't mean a generic getting behind the wheel. That's traveling
[01:28:09.340 --> 01:28:13.020]  Driving is transportation if we're not in transportation
[01:28:13.020 --> 01:28:18.300]  That's what we need to be able to articulate at the time of the stop
[01:28:18.940 --> 01:28:24.300]  It's the concept. We need to be able to articulate all the way through the process right now
[01:28:24.620 --> 01:28:26.620]  They're not very many trial courts
[01:28:27.020 --> 01:28:32.780]  Dealing, you know first time around trial courts in the meaning. I don't know what kind of courts you have in california
[01:28:33.020 --> 01:28:36.620]  Here they're municipal and jp courts. What's y'all's first level court there?
[01:28:37.980 --> 01:28:39.980]  You know, I'm not sure
[01:28:39.980 --> 01:28:43.980]  Okay, well, I'll call the municipal court. It could be anything
[01:28:44.780 --> 01:28:51.100]  The the question is do they understand what we're talking about when we say we're not in transportation answer? No, they don't
[01:28:51.740 --> 01:28:53.100]  Not yet
[01:28:53.100 --> 01:28:55.100]  They will it's going to take a while
[01:28:55.740 --> 01:29:00.540]  But we have to know going into it what the game is we have to be able to document
[01:29:00.940 --> 01:29:05.980]  That we know what the game is and we just have to strap on the seat belt
[01:29:05.980 --> 01:29:10.140]  And go in for the the whole of that ride
[01:29:10.940 --> 01:29:17.020]  And document timely what our position is in the right court and just save the money aside
[01:29:17.100 --> 01:29:19.100]  this stuff can get kind of expensive
[01:29:19.900 --> 01:29:24.780]  And and just follow the timely paperwork that continues to assert the position
[01:29:27.420 --> 01:29:29.420]  Okay
[01:29:30.940 --> 01:29:32.940]  In this case
[01:29:32.940 --> 01:29:39.740]  Hang on just second wendy. We're about to go to break. So for those out there listening Robert is called back in and we're about to
[01:29:39.740 --> 01:29:41.900]  Go to break. We've got about a half an hour left in the show
[01:29:42.540 --> 01:29:49.580]  Wendy we'll finish up with you on the other side and take Robert calling number is 5126461984 folks
[01:29:50.220 --> 01:29:53.900]  You've got about 30 minutes if you've got an issue now it's time to call
[01:29:54.060 --> 01:29:58.220]  Please do not wait till the last minute and that's not be able to get to you. We'll be right back
[01:29:58.220 --> 01:30:04.540]  Top 10 reasons to question the official story of the Oklahoma City bombing reason number 10
[01:30:04.940 --> 01:30:06.380]  What is on the surveillance tapes?
[01:30:06.380 --> 01:30:09.420]  There were many video surveillance cameras that recorded the morning of the bombing
[01:30:09.660 --> 01:30:13.660]  Yet the few of these that have been released do not show what transpired with the rider truck at the Murrow building
[01:30:14.060 --> 01:30:18.940]  Most recently the government has claimed that all of the cameras that were in different buildings and maintained by different businesses
[01:30:19.180 --> 01:30:22.460]  We're all having their tapes changed at the exact same time 902 a.m
[01:30:22.860 --> 01:30:25.500]  This is insulting to the memory of those who perish in the bombing
[01:30:25.500 --> 01:30:29.900]  What is being hidden from us for more information? Please go to okcbombingtruth.com
[01:30:33.420 --> 01:30:35.260]  Fishing is a wonderful pastime
[01:30:35.260 --> 01:30:38.220]  It's a terrific way to bond with family and get in touch with nature
[01:30:38.540 --> 01:30:41.500]  But there's a scary kind of fishing you'll want nothing to do with
[01:30:41.980 --> 01:30:44.860]  I've got your Catherine Albrecht and I'll tell you more in just a moment
[01:30:45.900 --> 01:30:49.580]  Privacy is under attack when you give up data about yourself
[01:30:49.660 --> 01:30:52.860]  You'll never get it back again and once your privacy is gone
[01:30:52.860 --> 01:30:55.660]  You'll find your freedoms will start to vanish too
[01:30:56.140 --> 01:31:01.020]  So protect your rights say no to surveillance and keep your information to yourself
[01:31:01.420 --> 01:31:07.180]  Privacy it's worth hanging on to this public service announcement is brought to you by startpage.com
[01:31:07.500 --> 01:31:13.420]  The private search engine alternative to google yahoo and bing start over with start page
[01:31:14.860 --> 01:31:17.660]  Fishing spelled with a ph isn't very sporting
[01:31:17.900 --> 01:31:21.500]  The goal is to reveal in personal information and compromise your account
[01:31:21.500 --> 01:31:24.060]  The ph in phishing stands for phony
[01:31:24.300 --> 01:31:30.220]  Phishing scams involve impersonating legitimate organizations like banks and the bait is usually a phony email
[01:31:30.460 --> 01:31:34.860]  A phishing email may ask for account information or provide a link to an official looking website
[01:31:35.020 --> 01:31:39.900]  But don't fall for it never email your bank account number your user id or passwords
[01:31:40.140 --> 01:31:47.900]  Legitimate companies won't ask you to and it's best to enter a website address directly rather than clicking on an email link to check an account or make a purchase
[01:31:47.900 --> 01:31:52.060]  Accidentally typing data into a phishing website could cost you thousands
[01:31:52.060 --> 01:32:18.060]  Under kathryn albrecht more news and information at kathrynalbrecht.com
[01:32:22.060 --> 01:32:36.780]  All right folks we are back this is rule of law radio and the monday night traffic show
[01:32:37.340 --> 01:32:39.980]  Eddie craig and my guest harman taylor right now
[01:32:40.060 --> 01:32:46.780]  We are going to finish up with our caller wendy in california and then robert if you cannot drop off we will get to you next
[01:32:47.580 --> 01:32:49.580]  All right wendy. Let's wrap you up
[01:32:49.580 --> 01:32:55.820]  Okay before I forget I need to get hold of rick in california who you've mentioned before my emails are just not getting to you
[01:32:56.460 --> 01:32:57.580]  strangely
[01:32:57.580 --> 01:32:59.580]  but then also about this case
[01:32:59.980 --> 01:33:00.940]  um
[01:33:00.940 --> 01:33:05.900]  What happened was this embarrassing this was the one where I had an attorney early on who
[01:33:06.460 --> 01:33:10.540]  Turned out to withhold all my evidence which would have exonerated me
[01:33:11.180 --> 01:33:13.180]  so but then I um
[01:33:14.140 --> 01:33:16.780]  You know no longer have him but then when the trial came up
[01:33:16.780 --> 01:33:21.580]  I it made a mistake and missed the trial so it turned into a trial in absentia
[01:33:22.220 --> 01:33:26.380]  But I I'm told there's a way to get like a motion to overturn it
[01:33:26.380 --> 01:33:30.620]  I mean, I just need to know what to do at this point to get my evidence in
[01:33:31.900 --> 01:33:33.900]  That's at all possible
[01:33:35.580 --> 01:33:42.700]  Hi, you're talking california the procedure which uh, I would not for a moment profess to be able to
[01:33:42.700 --> 01:33:46.300]  To tell you immediately on that sort of thing
[01:33:46.940 --> 01:33:50.860]  Uh, if you've got an ineffective assistance thing
[01:33:51.420 --> 01:33:53.820]  Well, you say the attorney wasn't even there at the time
[01:33:54.700 --> 01:34:00.060]  It's at that stage an issue of timely going to the court to say
[01:34:01.020 --> 01:34:04.220]  Uh, I realize I missed this and here's why
[01:34:05.100 --> 01:34:10.700]  And either it's a good reason or it's not if it's a good reason they may give you a new trial and if it's not
[01:34:10.700 --> 01:34:14.060]  Uh, it may just that case may just be over
[01:34:17.020 --> 01:34:20.140]  No, I don't I don't know right now up top of my head
[01:34:20.940 --> 01:34:24.380]  Uh, what to suggest to do in the california system
[01:34:25.420 --> 01:34:27.340]  Okay
[01:34:27.340 --> 01:34:30.380]  If you've got if you've got the procedural code there
[01:34:31.020 --> 01:34:33.020]  That's that's where I would start
[01:34:33.660 --> 01:34:38.940]  And just see if there's a rule that talks about that and if there's not and we go to the cases and see if there's a case
[01:34:38.940 --> 01:34:41.980]  It talks about it and if there's not you got
[01:34:42.700 --> 01:34:44.380]  got a whole
[01:34:44.380 --> 01:34:48.460]  Open court there to see if there's a way to get that reinstated
[01:34:49.660 --> 01:34:51.660]  Uh, wendy exactly
[01:34:52.700 --> 01:34:56.860]  Where did you get the email address you're using to contact rick is the one I supplied you with?
[01:34:57.580 --> 01:35:01.580]  No, no, no, I never was able to reach you to even get this contact information
[01:35:01.820 --> 01:35:06.940]  Is what i'm saying and not your fault at all. It's like a lot of my email messages just sort of vanished
[01:35:06.940 --> 01:35:08.940]  But only the important one
[01:35:09.580 --> 01:35:15.580]  Ah, well, of course. Okay, normally he has his address posted in his youtube videos
[01:35:16.220 --> 01:35:20.780]  Uh, let me see if I can get you exactly what that information is for him here
[01:35:21.820 --> 01:35:22.940]  um
[01:35:22.940 --> 01:35:24.940]  Let's see
[01:35:26.380 --> 01:35:28.140]  Yeah, it is
[01:35:28.140 --> 01:35:29.820]  tacit
[01:35:29.820 --> 01:35:30.940]  i k
[01:35:30.940 --> 01:35:32.620]  al
[01:35:32.620 --> 01:35:34.380]  g u y
[01:35:34.380 --> 01:35:35.180]  one
[01:35:35.180 --> 01:35:37.180]  Is his yahoo ID
[01:35:38.380 --> 01:35:43.180]  Now he did give me permission to give out his cell phone number for folks there in california
[01:35:43.900 --> 01:35:46.540]  His cell phone is seven six zero
[01:35:47.660 --> 01:35:49.660]  six nine four
[01:35:50.220 --> 01:35:52.220]  two eight one eight
[01:35:53.660 --> 01:35:55.020]  Okay, great
[01:35:55.020 --> 01:35:59.900]  Can you repeat that email address his email address one for that's not his email?
[01:35:59.900 --> 01:36:03.660]  That's his yahoo ID or his um youtube ID
[01:36:03.660 --> 01:36:11.820]  He has an email address. That is that id with the number one on the end of it at yahoo. I know that
[01:36:13.020 --> 01:36:14.620]  Okay
[01:36:14.620 --> 01:36:19.500]  So it's tactical guy one with the spelling I gave you at yahoo.com
[01:36:20.220 --> 01:36:21.820]  Okay
[01:36:21.820 --> 01:36:23.180]  Thank you
[01:36:23.180 --> 01:36:25.180]  You're very welcome. We're sent the call
[01:36:26.060 --> 01:36:28.060]  Thanks for calling in wendy
[01:36:28.060 --> 01:36:30.060]  Okay
[01:36:31.260 --> 01:36:35.260]  All right, now we're going to go to robert in texas robert. What can we do for you?
[01:36:35.900 --> 01:36:41.660]  Yes, sir greetings to both of you gentlemen sir and my question is can uh on surcharges
[01:36:43.900 --> 01:36:49.260]  You're talking about the surcharges for the license fees and all that yes, sir, okay
[01:36:50.700 --> 01:36:52.700]  Uh, can those be uh
[01:36:52.700 --> 01:36:57.900]  Um, this dismiss or drop to I don't know how you know, it's well first off
[01:36:57.980 --> 01:37:02.540]  What's the situation? How did you wind up with surcharges? I didn't it's my son
[01:37:03.100 --> 01:37:07.100]  So it's good. I'm going to get him to see if I can go to his class or give you a call
[01:37:07.980 --> 01:37:13.180]  This number can we get a hold of you this number that we call for this way? No, this is a call in line
[01:37:13.900 --> 01:37:15.900]  This is a call. I want some radio show
[01:37:15.900 --> 01:37:22.540]  Okay, so uh, you can send me an email at eddyde at ruleoflawradio.com
[01:37:23.420 --> 01:37:27.100]  Do not call the show to try to get in touch with me. That's not going to help you
[01:37:27.660 --> 01:37:29.020]  Okay, what is that?
[01:37:29.020 --> 01:37:31.020]  email again
[01:37:31.020 --> 01:37:33.020]  eddyde
[01:37:33.580 --> 01:37:36.460]  at rule of law radio dot com
[01:37:37.820 --> 01:37:39.260]  Okay
[01:37:39.260 --> 01:37:44.220]  All right now as far as the surcharges and all that goes first thing is
[01:37:44.220 --> 01:37:46.220]  Has your son had a trial?
[01:37:47.500 --> 01:37:49.260]  No
[01:37:49.260 --> 01:37:54.460]  No, then why are they sticking surcharges on the license if he hadn't even had the case adjudicated?
[01:37:55.260 --> 01:38:00.140]  Well, that means there's a good chance of being dismissed or dropped. I don't know. I think that's why I'm calling
[01:38:01.020 --> 01:38:01.820]  but uh
[01:38:01.820 --> 01:38:08.860]  Did they tell you that there's the potential for surcharges or they already told you that there are surcharges surcharges
[01:38:08.860 --> 01:38:16.060]  I believe is there a number a phone number we can call or something like that or just I could send you that after you send me an email
[01:38:16.940 --> 01:38:21.420]  Okay, so it's eddy. I do not wish to give out my cell phone on the air
[01:38:21.500 --> 01:38:25.580]  I understand it's busy enough and the bill's high enough as it is
[01:38:25.980 --> 01:38:30.460]  I I understand now eddy at what radio dot com. What is it?
[01:38:31.660 --> 01:38:37.100]  eddy at rule of law radio dot com
[01:38:37.100 --> 01:38:39.580]  Yeah, robert. See we donate
[01:38:40.620 --> 01:38:47.580]  About eight hours a week of our time for free to help people on the air on the radio
[01:38:48.060 --> 01:38:53.020]  If people want more of our time than that they're going to have to hire us because we have to pay
[01:38:53.260 --> 01:38:58.940]  You know, we we got to eat too. We can't just we can't just give out our cell phone numbers and just give a free
[01:38:59.260 --> 01:39:03.500]  You know run a free legal help desk 24 seven. That's not going to work
[01:39:03.500 --> 01:39:07.660]  But but we will give out free help on the air on the radio
[01:39:07.740 --> 01:39:13.100]  But if people need more help than that, then they're going to have to go to eddy's class or they're going to have to hire us privately for our time
[01:39:13.180 --> 01:39:16.460]  Yeah, I've already I've already got the address of it for the class stuff. It's in Guadalupe
[01:39:16.940 --> 01:39:21.660]  Anyway, I wrote that down but another question y'all were taking donations for something is that I don't know
[01:39:22.540 --> 01:39:24.540]  Well, we always need donations
[01:39:25.340 --> 01:39:28.780]  Yeah, uh, there's several different kinds you can offer right now
[01:39:28.780 --> 01:39:35.580]  We we need donations for the website and for the network, of course, but we also have ongoing issues like
[01:39:36.540 --> 01:39:41.740]  My appellate case and the lawsuit will be filing against the city and the state
[01:39:42.380 --> 01:39:44.380]  Eventually over this case
[01:39:44.620 --> 01:39:47.180]  We need donations to support all of those
[01:39:47.740 --> 01:39:52.460]  We're fighting these fights for you folks so that you don't have to do it
[01:39:52.460 --> 01:39:59.500]  We've made the effort to learn how to combat the system, but we need your support to make it happen
[01:39:59.820 --> 01:40:03.580]  We are not independently wealthy. In fact, if
[01:40:04.940 --> 01:40:08.060]  Money was miles. I couldn't get across the street
[01:40:09.180 --> 01:40:11.180]  Okay, so
[01:40:11.260 --> 01:40:15.340]  Every donation to everything we've got helps us somehow
[01:40:15.340 --> 01:40:22.140]  Whether it be to us as individuals to pursue these cases or be the network to keep us going on the air
[01:40:22.860 --> 01:40:24.860]  So we're always up for donations
[01:40:25.100 --> 01:40:28.700]  We're always looking for people to join the new website and support us
[01:40:29.260 --> 01:40:35.100]  On that venue and so on and so forth. I understand now to take your class
[01:40:36.380 --> 01:40:43.500]  Is that uh, can I name the first class is free if it's your first visit or if you're a police officer or attorney
[01:40:43.500 --> 01:40:47.820]  There's never a charge. I want you to come in and get educated beyond where you're at
[01:40:48.380 --> 01:40:51.340]  We would raise your IQ considerably on your job
[01:40:53.500 --> 01:41:02.060]  But other than that after that initial class, it's 20 a class and if you want private consultation on particular specifics of your case
[01:41:02.540 --> 01:41:04.540]  It's an ounce of silver per hour
[01:41:04.780 --> 01:41:07.420]  And there's also the traffic seminar
[01:41:07.420 --> 01:41:15.900]  Which includes the full the audio of the full weekend when eddie gave a seminar on the on the texas transportation code
[01:41:16.220 --> 01:41:23.420]  That includes. I don't know how many it's like 20 hours worth of audio and eddie's book that he that he wrote
[01:41:23.820 --> 01:41:30.780]  Dissecting the texas transportation code that seminar package is $250 and that's highly recommended for folks that are going to get it
[01:41:30.780 --> 01:41:33.340]  You need that in addition to the classes
[01:41:33.340 --> 01:41:38.780]  Is especially if you want the legal documents because the classes eddie's week
[01:41:39.420 --> 01:41:47.660]  Sunday classes don't include legal documents if you want all the motions and the briefs and all the all of all of that kind of information
[01:41:47.900 --> 01:41:49.900]  Then you need to purchase the traffic seminar
[01:41:52.700 --> 01:41:54.700]  Okay
[01:41:55.900 --> 01:42:01.020]  Anything else robert he may have dropped off. Are you still there robert? I think he's gone
[01:42:01.020 --> 01:42:08.780]  Okay, hopefully that answered all your questions robert in the meantime. We're going to go ahead and take david in illinois david
[01:42:08.780 --> 01:42:10.460]  What can we do for you?
[01:42:10.460 --> 01:42:12.460]  hey guys
[01:42:12.460 --> 01:42:18.860]  I want to tell you that i purchased your traffic seminar to help you guys out and i found a lot of the information in there
[01:42:20.940 --> 01:42:25.420]  Very interesting and some of the stuff i haven't seen before hey david wait a second
[01:42:25.420 --> 01:42:32.300]  You've got a real bad phone connection. Can you get on another extension or something? Are you on a landline or a cell phone?
[01:42:32.300 --> 01:42:33.820]  Or what's going on?
[01:42:33.820 --> 01:42:35.020]  What's the problem?
[01:42:35.020 --> 01:42:40.060]  It's clicking. There's like this real loud loud pop really loud pops and you're cutting in and out
[01:42:40.300 --> 01:42:43.420]  Are you on a cell phone or are you on a landline or what on a landline?
[01:42:43.740 --> 01:42:46.860]  Can you get on another extension? It may be the phone itself
[01:42:48.380 --> 01:42:49.980]  well
[01:42:49.980 --> 01:42:51.580]  Yeah, well that
[01:42:51.580 --> 01:42:53.580]  Can you call in from your cell phone?
[01:42:53.580 --> 01:42:58.300]  It sounds like there's a problem with the actual phone line itself
[01:42:59.580 --> 01:43:02.860]  Yeah, I heard that I heard that on the air before with you guys before
[01:43:03.420 --> 01:43:05.900]  There was a lot of static with some other colors coming. I don't know if it's
[01:43:06.540 --> 01:43:11.740]  Well, this is that there was a problem with the phones on friday because we're in the middle of a rainstorm and when there's a
[01:43:11.980 --> 01:43:16.780]  Big heavy rainstorm pretty much all the landlines in austin have problems
[01:43:16.940 --> 01:43:21.100]  But that's not what's going on right now. This is your phone. This is your line this time
[01:43:21.100 --> 01:43:25.020]  Okay, do you okay? I'll call back on my cell phone. Okay. Thank you. Okay. Okay
[01:43:26.300 --> 01:43:30.380]  All right folks, that's the last caller we have until he reconnects with us
[01:43:31.180 --> 01:43:35.660]  Uh harmon anything else you want to talk about for the last 30 seconds here before we go to break?
[01:43:36.460 --> 01:43:43.580]  Uh, I think we got some very good callers and it's good to see that the level of interest in this is as high as it is
[01:43:44.460 --> 01:43:47.580]  It's going to take that kind of continued effort
[01:43:47.580 --> 01:43:50.620]  To get this matter resolved
[01:43:51.340 --> 01:43:54.460]  What what's the matter the the matter is?
[01:43:55.100 --> 01:43:59.820]  Having people pretend to be in transportation thereby regulated when they're on
[01:44:00.780 --> 01:44:03.980]  Hey, did you hear Ron Paul's announced he's running for president in 2012?
[01:44:04.060 --> 01:44:05.260]  It's Ron Paul
[01:44:05.260 --> 01:44:10.860]  Really? Okay put down the cell phone for one minute. Your friends really don't care about your twitter updates on what you had for breakfast
[01:44:10.860 --> 01:44:15.980]  Oh, but I love to make those little smiley faces with punctuation marks. Of course you do now listen closely
[01:44:15.980 --> 01:44:20.860]  You need to go down to brave new books and learn as much as you can about Ron Paul and his message before it's too late
[01:44:20.940 --> 01:44:23.340]  They have all of his books and many of the books he talks about
[01:44:23.660 --> 01:44:28.460]  They also have t-shirts bumper stickers and yard signs so that you can show your support for him during the campaign
[01:44:28.700 --> 01:44:31.100]  Brave new books. Did they have Harry Potter and Twilight?
[01:44:31.820 --> 01:44:37.260]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency
[01:44:37.500 --> 01:44:39.820]  Uh, that sounds like that show in the discovery channel
[01:44:39.820 --> 01:44:45.820]  Yeah, there's even a wilderness survival expert that teaches classes called earth skills school that you can sign up for on the website
[01:44:45.900 --> 01:44:47.500]  bravenewbookstore.com
[01:44:47.500 --> 01:44:52.940]  What are you doing? I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person
[01:44:53.100 --> 01:44:59.020]  Where's it located? 1904 Guadalupe street. There it's sent. I even made a smiley face. Great
[01:45:03.740 --> 01:45:06.220]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:13.740 --> 01:45:17.500]  That will show you how in 24 hours death by step
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[01:45:30.060 --> 01:45:36.540]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience
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[01:45:58.860 --> 01:46:02.940]  Or call toll free 866 law easy
[01:46:02.940 --> 01:46:11.740]  All right folks, we are back. David has reconnected with us. We're going to take him online here and see a snap crackling pot
[01:46:12.140 --> 01:46:14.140]  I
[01:46:14.140 --> 01:46:22.620]  Can you hear us? Yeah, well, yeah, but the issue is can you hear me? Yes, this time we'll hear you. Okay
[01:46:23.580 --> 01:46:25.580]  I
[01:46:25.580 --> 01:46:33.020]  Have folks we are back. David has reconnected with us. We're going to take him online here and see a snap crackling pot
[01:46:33.180 --> 01:46:37.020]  Have left his conversational tunes there. David. Can you hear us?
[01:46:37.900 --> 01:46:40.460]  Yeah, well, yeah, but the issue is can you hear me?
[01:46:41.340 --> 01:46:43.340]  Yes, this time
[01:46:43.340 --> 01:46:45.340]  Okay, excellent. I
[01:46:46.140 --> 01:46:48.140]  I want to ask Harman to if he
[01:46:48.860 --> 01:46:52.860]  Put him more thought to my question that I gave him at the end of the show
[01:46:53.420 --> 01:46:56.540]  Oh, I think it was on a Friday night. We were just ending up
[01:46:57.260 --> 01:47:02.700]  Um, I've given some more thought to it and I I wrote a fairly link. Can you repeat the question?
[01:47:02.700 --> 01:47:04.940]  So we'll know what we're dealing with. Oh, yeah
[01:47:05.580 --> 01:47:11.740]  I said I said is there a way to remove yourself from every single contract between yourself and the state
[01:47:11.740 --> 01:47:15.660]  Because the state is a corporation and he said yes
[01:47:15.740 --> 01:47:19.260]  And that would be very difficult to do and he also mentioned or he suggested that
[01:47:19.900 --> 01:47:23.740]  You should only do that if you are fairly well off or fairly wealthy
[01:47:24.220 --> 01:47:29.660]  Well, I have the ability to be autonomous and take care of myself. I have enough land and that's not an issue for me
[01:47:30.540 --> 01:47:36.460]  Um, I just wondered if he went home and talked about the question a little bit more after I asked it
[01:47:37.100 --> 01:47:40.860]  Harman you got any you got any suggestions for me or any other thoughts about that?
[01:47:40.860 --> 01:47:45.260]  It's a a question, of course, has been in mind for
[01:47:46.220 --> 01:47:48.220]  We'll say at least
[01:47:48.860 --> 01:47:50.860]  15 years
[01:47:50.860 --> 01:47:54.860]  So, yes, it gets plenty of review in the mind
[01:47:55.820 --> 01:48:00.860]  And the situation is no different now from when we last talked about it
[01:48:01.420 --> 01:48:03.420]  Of course, there are ways
[01:48:03.900 --> 01:48:05.420]  to
[01:48:05.420 --> 01:48:07.420]  Go that direction
[01:48:07.420 --> 01:48:11.500]  I refer to that as the political disconnect
[01:48:12.540 --> 01:48:17.580]  I have talked with people who have accomplished the political disconnect
[01:48:18.620 --> 01:48:19.980]  and
[01:48:19.980 --> 01:48:21.980]  The it's it's interesting
[01:48:22.300 --> 01:48:26.060]  Uh, the the mechanism of political disconnect
[01:48:26.780 --> 01:48:30.860]  Really has nothing to do with understanding or not understanding the law
[01:48:30.860 --> 01:48:41.340]  So what what one bypasses by going that route is all the struggles the rest of us deal with who are not politically
[01:48:42.220 --> 01:48:44.220]  disconnected yet
[01:48:44.540 --> 01:48:47.660]  Then getting our mind around how the rest of these things work
[01:48:48.620 --> 01:48:54.780]  Uh, but yeah, there's there's no question that there is a condition of no
[01:48:55.500 --> 01:48:57.500]  Gotcha agreements, of course there is
[01:48:57.500 --> 01:49:03.020]  There's a condition of no political association with the current system
[01:49:03.900 --> 01:49:05.500]  right and
[01:49:05.500 --> 01:49:07.500]  so
[01:49:07.500 --> 01:49:09.500]  Yeah, of course it can be done
[01:49:09.980 --> 01:49:15.340]  Yeah, I just I found something interesting the other day there was a there was a post somebody put up and it was a
[01:49:15.740 --> 01:49:17.740]  I don't know if you know the gentleman
[01:49:18.060 --> 01:49:20.060]  His his name escapes me at the moment
[01:49:20.860 --> 01:49:22.860]  it was a gentleman that had a
[01:49:24.220 --> 01:49:26.220]  a news
[01:49:26.220 --> 01:49:28.700]  A news show on fox news. He was a judge
[01:49:29.100 --> 01:49:30.220]  um
[01:49:30.220 --> 01:49:32.220]  I forget his name, but um
[01:49:32.700 --> 01:49:34.700]  Napolitano
[01:49:34.700 --> 01:49:36.540]  Yeah, his last show
[01:49:36.540 --> 01:49:44.300]  I found that his last show his last sign-off some of the things that he said in that show were extremely telling
[01:49:45.980 --> 01:49:50.620]  One of the things that he said and it was almost as though he said it in a way
[01:49:50.620 --> 01:49:56.620]  That was almost encoded to the rest of us. He said does the government work for us
[01:49:57.340 --> 01:50:01.740]  Or do we work for the government and I thought about that for a second?
[01:50:02.940 --> 01:50:05.260]  And it became just
[01:50:06.140 --> 01:50:08.140]  Brilliantly clear in my head
[01:50:09.180 --> 01:50:12.140]  That wow if I have all these contracts with this
[01:50:12.860 --> 01:50:14.860]  corporation
[01:50:14.860 --> 01:50:19.260]  Am I not am I not an employee or am I an employee
[01:50:19.260 --> 01:50:25.900]  For them and that made me think even more about the question that I asked you that night and
[01:50:27.020 --> 01:50:29.020]  um
[01:50:29.100 --> 01:50:33.260]  And so I found that interesting that he that he would say that on his last show
[01:50:34.220 --> 01:50:36.220]  almost as a hey guys
[01:50:37.020 --> 01:50:38.380]  Wake up
[01:50:38.380 --> 01:50:42.220]  look at what the real deal is, you know, and so
[01:50:42.780 --> 01:50:43.660]  I
[01:50:43.660 --> 01:50:49.100]  I had been thinking about that and then when I saw that it reminded me of the question that I asked you and and
[01:50:50.060 --> 01:50:55.180]  What I've been doing recently or what I what I completely wrote up and I think I'll send it
[01:50:55.500 --> 01:50:59.660]  I'll send it to you Eddie and I'll maybe if we can let's hurry this up because we still got other callers
[01:50:59.660 --> 01:51:02.620]  And we're about to run out of time on this segment and that's the end of the show
[01:51:03.340 --> 01:51:08.300]  Okay, um, I'll send you what I what I wrote up. I haven't sent it yet off to
[01:51:09.020 --> 01:51:10.700]  the various different
[01:51:10.700 --> 01:51:14.620]  State agencies and whatnot, but I wrote up a notice of understanding and intent
[01:51:15.500 --> 01:51:19.660]  And if Eddie you could pass that on to Harman when it gets to you
[01:51:20.380 --> 01:51:25.180]  Uh, I'll see what I can do. I would I would be very much appreciative and could you also
[01:51:25.980 --> 01:51:27.980]  just for the listeners
[01:51:28.380 --> 01:51:31.500]  Restate your actual snail mail address
[01:51:32.380 --> 01:51:35.580]  Because I think a lot of people are having difficulty my snail mail address
[01:51:35.580 --> 01:51:40.540]  Yeah, well, yeah, you all you guys in general like where you where we can send snail mail stuff to you
[01:51:41.260 --> 01:51:43.260]  in general because go to ruleoflawradio.com
[01:51:43.900 --> 01:51:48.700]  And it's right there on the contact page and on the donation page where you can actually send us donations
[01:51:50.140 --> 01:51:54.540]  Okay, so we'll send donations. You guys go get documents in the same place then okay
[01:51:57.020 --> 01:52:01.180]  Okay, thanks for the call. Yep. That's all news. All right. Thank you. All right
[01:52:01.180 --> 01:52:08.220]  Thanks, David. All right, we're going to go to T in Texas and then we'll take vince in california if we've got enough time left
[01:52:08.300 --> 01:52:09.980]  T. What's up?
[01:52:09.980 --> 01:52:13.980]  Hey, um, I'm wondering if you can elaborate a little bit on the surcharges
[01:52:14.380 --> 01:52:16.380]  uh, guess given the scenario that
[01:52:17.260 --> 01:52:19.660]  He went down and paid the final ticket
[01:52:20.380 --> 01:52:22.380]  uh, B you didn't uh
[01:52:23.020 --> 01:52:26.380]  You just I guess didn't do anything if you pay the fine
[01:52:26.380 --> 01:52:34.380]  You've pled guilty if you plead guilty, you're cooked end of story. They will surcharge you for the next three years to the tune of
[01:52:35.020 --> 01:52:37.020]  $750 total
[01:52:37.020 --> 01:52:42.460]  Plus anything else it does to your insurance rates and so on and so forth
[01:52:43.820 --> 01:52:48.860]  Now as far as instituting those surcharges before you've even gone to trial
[01:52:49.420 --> 01:52:53.820]  Farman, would you agree that that is levying a punishment without due process?
[01:52:53.820 --> 01:52:58.540]  That's a good question. If the party is actually in transportation
[01:53:00.140 --> 01:53:02.700]  Uh, in that case isn't developed
[01:53:03.660 --> 01:53:05.660]  We got major problems
[01:53:06.060 --> 01:53:10.620]  They're trying to collect an amount that's never been adjudicated as due
[01:53:11.420 --> 01:53:15.260]  They're in transportation or if there's no issue about being in transportation
[01:53:16.220 --> 01:53:21.980]  Then it's it's a little bit different matter. Of course, they're presuming the authority to do it
[01:53:21.980 --> 01:53:26.620]  And those who are saying we're not in transportation
[01:53:27.340 --> 01:53:30.780]  Are the only ones in a position to make that habit stop
[01:53:31.900 --> 01:53:33.900]  But yeah, if there's an adjudication
[01:53:34.780 --> 01:53:41.420]  Whether it's administrative or otherwise if they're doing double duty and saying we're going to run this administratively and judicially
[01:53:41.420 --> 01:53:44.140]  And we're going to clobber you administratively have a nice day
[01:53:44.940 --> 01:53:48.620]  And it's never adjudicated. Yeah, that's that's bad
[01:53:48.620 --> 01:53:52.300]  Does that make sense to you T?
[01:53:53.100 --> 01:53:59.180]  Makes a lot of sense. Cool. This is exactly why we document the administrative side from the DPS
[01:53:59.340 --> 01:54:02.860]  Levying surcharges when the issue has never gone to trial
[01:54:05.980 --> 01:54:10.140]  See the problem is is the statute only allows the trial court
[01:54:10.620 --> 01:54:14.380]  To issue that information to the DPS regarding the surcharges
[01:54:14.380 --> 01:54:19.260]  After a ruling and order has been issued and the defense lost
[01:54:20.060 --> 01:54:22.060]  Well, this has not occurred
[01:54:22.060 --> 01:54:27.580]  The court is just unilaterally issuing that decree to the department of public safety
[01:54:27.820 --> 01:54:32.380]  And they're acting as if the case is already a done deal slam dunk guilty verdict
[01:54:34.380 --> 01:54:38.460]  So if if the case is being uh, it has been adjudicated
[01:54:38.620 --> 01:54:41.740]  You know, they found you guilty if it has or hasn't
[01:54:41.740 --> 01:54:48.460]  If it has and they found you guilty and you uh, uh, appeal in the case they they still can't
[01:54:48.620 --> 01:54:54.700]  That's still in adjudication and they cannot collect the charges as long as the appeal is ongoing
[01:54:55.740 --> 01:54:59.340]  Okay, so it's until once everything is done finish
[01:55:00.300 --> 01:55:03.340]  Correct. Okay. Cool. Appreciate it
[01:55:04.380 --> 01:55:11.020]  Yes, sir. No problem. The call. All right. All right. This leaves us just a little over three minutes to take vince in california
[01:55:11.020 --> 01:55:13.020]  Vince, what can we do for you?
[01:55:13.100 --> 01:55:17.260]  Hey, real quick the guy two callers ago about us being government employees
[01:55:17.260 --> 01:55:20.860]  I would suggest he read about the pure food and drug act 1906
[01:55:21.020 --> 01:55:24.540]  Alfred adapt because they've written a lot about it on his blog avask
[01:55:25.900 --> 01:55:31.180]  And uh, I would say that we're not a man and other animals, right property. Exactly. Yeah, we're animals
[01:55:31.740 --> 01:55:36.140]  Uh, Harman real quick on the institution two two things. Um
[01:55:36.140 --> 01:55:43.740]  Um, when you go to court here in california, the one of the first papers they shove in front of you, uh, explains all of your rights according to the constitution
[01:55:43.740 --> 01:55:48.700]  Is that uh basis enough to bring up the constitution in court and then the second thing?
[01:55:49.260 --> 01:55:51.260]  Well, uh, go ahead with that. I'll
[01:55:51.260 --> 01:55:56.860]  See what we do with that. No, there's no reason to talk about constitution in a transportation case
[01:55:57.020 --> 01:56:04.060]  Constitution's got nothing to do with it either. We have agreed to be regulated by the transportation code or we haven't
[01:56:04.060 --> 01:56:07.420]  The only thing relevant there about a constitution
[01:56:08.060 --> 01:56:13.740]  Is the right to contract and of course the right to contract precedes any constitution. We have that right
[01:56:14.300 --> 01:56:18.380]  So we we have either agreed to be regulated or we have not
[01:56:19.180 --> 01:56:22.700]  And they don't have anything to do with the constitution. It's just pure commerce
[01:56:23.660 --> 01:56:27.180]  Okay, well that okay. Excellent. That segway is right into the second half of my question
[01:56:27.980 --> 01:56:30.220]  Would you say that transportation?
[01:56:30.220 --> 01:56:34.860]  Falls under the interstate commerce clause of the federal constitution
[01:56:35.900 --> 01:56:44.300]  Uh, of course, there's no federal constitution. So first answer is no and then we get into what kind of transportation are we talking about?
[01:56:45.180 --> 01:56:52.380]  They get here into the distinction of basically three categories international interstate and intrastate
[01:56:53.100 --> 01:56:58.460]  Uh, I'm not going to take the time right now to explain how we know that there is no difference between
[01:56:58.460 --> 01:57:00.860]  Interstate and intrastate
[01:57:01.580 --> 01:57:07.740]  And that can go both ways right now fundamentally an interstate right to travel exists
[01:57:08.380 --> 01:57:12.300]  An intrastate right to travel has not been confirmed
[01:57:13.020 --> 01:57:18.060]  But with or without a right to travel we cannot be compelled into commerce
[01:57:18.780 --> 01:57:22.620]  We cannot be compelled into any licensed area of commerce
[01:57:22.620 --> 01:57:29.580]  And transportation is a licensed area of commerce. We either go there voluntarily and say please regulate me
[01:57:30.140 --> 01:57:35.740]  Or we don't go there at all and we say I'm not in transportation. I'm just traveling
[01:57:36.380 --> 01:57:41.660]  Uh, we'll we'll debate this as far as we need to to get you people to understand the difference
[01:57:42.300 --> 01:57:45.340]  Right and there is case law about interstate
[01:57:45.980 --> 01:57:51.660]  Right to travel correct. I think correct. That's the one that's confirmed interstate and international
[01:57:51.660 --> 01:57:55.260]  Are the ones that are confirmed intrastate
[01:57:56.140 --> 01:57:57.660]  different matter
[01:57:57.660 --> 01:58:04.940]  And there's some states colorado in particular being one I've come across recently where they they actually try to distinguish the two
[01:58:05.740 --> 01:58:11.420]  They they commercialize part of it and then they say they've got the authority to regulate travel
[01:58:15.340 --> 01:58:20.300]  Yeah, they it's very confusing. No, it's all up to us constitution and everything to do that
[01:58:20.300 --> 01:58:24.940]  We either agree to be regulated or we don't right and you said there never was a constitution
[01:58:24.940 --> 01:58:28.940]  But then you said that they're what then you kind of implied that there was when there was real money
[01:58:30.140 --> 01:58:36.140]  Uh, no, we've never had a constitution even with real money. It's just that it's impossible to have a constitution without real money
[01:58:38.140 --> 01:58:43.420]  Okay, yeah the issue there being whether or not the people themselves ever agreed to accept it
[01:58:43.500 --> 01:58:46.140]  We never voted on the constitution as individuals
[01:58:46.140 --> 01:58:49.580]  Do we agreed to be bound by it and bind our government by it or not?
[01:58:49.580 --> 01:58:55.020]  A small group of people made that choice for us that cannot find us to what they did
[01:58:56.220 --> 01:58:58.860]  All right folks, this has been rule of law radio
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