ROL_2012-10-22_16k.timecode

[00:07.760 --> 00:11.800]  I'm Dr. Catherine Albrecht, and in a moment I'll tell you about the latest concept in
[00:11.800 --> 00:16.100]  health conscious office furniture, treadmill desks.
[00:16.100 --> 00:17.820]  Privacy is under attack.
[00:17.820 --> 00:21.420]  When you give up data about yourself, you'll never get it back again.
[00:21.420 --> 00:26.420]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.420 --> 00:27.920]  So protect your rights.
[00:27.920 --> 00:31.440]  Say no to surveillance and keep your information to yourself.
[00:31.440 --> 00:34.200]  Privacy, it's worth hanging onto.
[00:34.200 --> 00:39.840]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:39.840 --> 00:41.560]  Yahoo, and Bing.
[00:41.560 --> 00:45.240]  Start over with StartPage.
[00:45.240 --> 00:49.300]  Sitting all day can take years off your life and standing is hard on your back.
[00:49.300 --> 00:51.840]  So what's a desk-bound cubicle jockey to do?
[00:51.840 --> 00:54.480]  How about getting a treadmill desk?
[00:54.480 --> 00:59.440]  Invented by Dr. James Levine at the Mayo Clinic, the walk station is a slow-moving treadmill
[00:59.440 --> 01:01.120]  rigged up to a desk.
[01:01.120 --> 01:04.560]  Workers do their normal activities while slowly walking.
[01:04.560 --> 01:09.920]  Companies from Mutual of Omaha to Humana have signed on, buying these gizmos at $4,300 bucks
[01:09.920 --> 01:10.920]  a pop.
[01:10.920 --> 01:13.960]  The goal is to lower health care costs by keeping people moving.
[01:13.960 --> 01:16.800]  They really work, and employees say they love them.
[01:16.800 --> 01:21.360]  But if you think your workday feels like a treadmill now, just wait till the boss cranks
[01:21.360 --> 01:22.920]  that dial up to high.
[01:22.920 --> 01:28.760]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:28.760 --> 01:39.960]  Pop quiz, which is a better deal, a supersized coffee at the regular price or the normal
[01:39.960 --> 01:41.200]  size at a discount?
[01:41.200 --> 01:45.600]  I'm Dr. Catherine Albrecht, and I'll fill you in on the sneaky tricks retailers use
[01:45.600 --> 01:48.520]  to reel in your money in a moment.
[01:48.520 --> 01:50.240]  Privacy is under attack.
[01:50.240 --> 01:53.840]  When you give up data about yourself, you'll never get it back again.
[01:53.840 --> 01:58.820]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:58.820 --> 02:04.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:04.000 --> 02:06.600]  Privacy, it's worth hanging onto.
[02:06.600 --> 02:12.240]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:12.240 --> 02:13.960]  Yahoo, and Bing.
[02:13.960 --> 02:15.680]  Start over with StartPage.
[02:15.680 --> 02:21.760]  We all love a bargain, but a new study says we're not so good at spotting one.
[02:21.760 --> 02:26.080]  Turns out we're suckers for bigger sizes at regular prices, even when a discount would
[02:26.080 --> 02:27.200]  be better.
[02:27.200 --> 02:34.160]  Researchers made two offers on coffee beans, 33% extra for free or 33% off the price.
[02:34.160 --> 02:38.840]  The discount was by far the better deal, but the volunteers saw them as equal.
[02:38.840 --> 02:42.680]  So why do shoppers go for the bigger size instead of the size that saves them the most
[02:42.680 --> 02:43.680]  money?
[02:43.680 --> 02:45.840]  Well, simply because we're bad at fractions.
[02:45.840 --> 02:50.520]  My advice is to compare the unit prices on store shelves, polish your math skills, and
[02:50.520 --> 02:52.520]  beware of marketers' sneaky tricks.
[02:52.520 --> 03:14.320]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:14.320 --> 03:25.760]  Well, hey, man, come on, six o'clock news says somebody's been shot, somebody's been
[03:25.760 --> 03:33.080]  abused, somebody blew up a building, somebody stole their car, somebody got away, somebody
[03:33.080 --> 03:41.120]  didn't get too far, yeah, they didn't get too far.
[03:41.120 --> 03:51.360]  All right, folks, good evening, this is Rule of Law Radio, this is the Monday Night Traffic
[03:51.360 --> 03:56.200]  Show, I am your host, Eddie Craig, I will ask you folks to be a little bit patient with
[03:56.200 --> 03:57.200]  me tonight.
[03:57.200 --> 04:03.840]  It is October 22nd, 2012, I am kind of out here all alone tonight, so that being said,
[04:03.840 --> 04:07.240]  if I get in the mess of having to mess with the boards and things, please forgive me for
[04:07.240 --> 04:08.680]  being distracted.
[04:08.680 --> 04:12.800]  But in the meantime, there is something I would like to touch on that seems to be becoming
[04:12.800 --> 04:18.820]  more and more important for people to know based upon some incidents that I'm seeing
[04:18.820 --> 04:23.060]  and some folks that I'm helping out with some issues.
[04:23.060 --> 04:30.200]  It seems like most people still do not understand the concept of talking to the police, in which
[04:30.200 --> 04:34.300]  the concept is don't talk to the police.
[04:34.300 --> 04:41.800]  If you get pulled over by law enforcement of any kind, stop talking.
[04:41.800 --> 04:48.240]  There is a script to follow, stick to it, don't deviate.
[04:48.240 --> 04:57.120]  Anything you say or do should have one specific purpose and one purpose only, to assert your
[04:57.120 --> 05:03.440]  rights in order to protect those rights.
[05:03.440 --> 05:04.440]  That's it.
[05:04.440 --> 05:08.520]  Now, if you've been listening to this show and coming to my class, you're all familiar
[05:08.520 --> 05:13.080]  with the scenario of what to say and do when you're pulled over in a traffic stop.
[05:13.080 --> 05:17.260]  That is not limited to a traffic stop.
[05:17.260 --> 05:21.000]  It applies to any law enforcement encounter.
[05:21.000 --> 05:26.560]  It requires some slight adaptation, but the point of the matter is the scenario remains
[05:26.560 --> 05:31.000]  the same as far as what you're talking about and what you're saying and why you're doing
[05:31.000 --> 05:32.000]  it.
[05:32.000 --> 05:34.320]  It doesn't change.
[05:34.320 --> 05:38.440]  There is a YouTube video that Antonio Buehler of Peaceful Streets posted out there when
[05:38.440 --> 05:43.320]  I was downtown talking with the Peaceful Streets folks one night before they went out that
[05:43.320 --> 05:49.160]  goes into great detail about exactly what to say and do on a common street encounter
[05:49.160 --> 05:53.160]  with police officers.
[05:53.160 --> 05:57.400]  In any situation, think before you speak.
[05:57.400 --> 06:01.120]  Speak only in regards to the protection of your rights.
[06:01.120 --> 06:03.960]  Do not be chatty Cathy.
[06:03.960 --> 06:06.200]  That is a mistake.
[06:06.200 --> 06:08.360]  Same thing applies if you get arrested.
[06:08.360 --> 06:14.000]  Once you get arrested, do not go down and get yourself put in jail and get chatty with
[06:14.000 --> 06:18.760]  everyone there, including the people locked up with you.
[06:18.760 --> 06:20.460]  Just don't do that.
[06:20.460 --> 06:29.720]  Do not talk about your case with anyone, anybody, except your attorney.
[06:29.720 --> 06:31.600]  And that's it.
[06:31.600 --> 06:34.040]  Don't talk to people that you're locked up with.
[06:34.040 --> 06:37.700]  Don't talk to the officer, and we're going to go through a couple of scenarios here on
[06:37.700 --> 06:41.720]  exactly what that is and why we don't do it.
[06:41.720 --> 06:48.480]  Now, you've got to remember that these officers are trained to get information out of you,
[06:48.480 --> 06:52.960]  even when you don't know they're getting information out of you.
[06:52.960 --> 06:56.820]  They're extremely good at it compared to you, okay?
[06:56.820 --> 06:58.400]  And you need to remember that.
[06:58.400 --> 07:02.160]  That's their job, all right?
[07:02.160 --> 07:09.680]  So when you are approached by a police officer or you are pulled over by a police officer,
[07:09.680 --> 07:16.000]  very simply, what is the emergency and how can I help?
[07:16.000 --> 07:23.420]  Is there a recording being made of this encounter?
[07:23.420 --> 07:26.360]  For the record, now this is if you're in a car.
[07:26.360 --> 07:31.760]  For the record, I am not engaging in transportation or commercial use of the highways.
[07:31.760 --> 07:39.480]  Officer, whatever his name is, do you acknowledge you have been so informed?
[07:39.480 --> 07:43.200]  Am I under arrest?
[07:43.200 --> 07:46.600]  Am I free to go?
[07:46.600 --> 07:52.000]  Since I am not free to go, I must presume that I am in a custodial arrest as I am no
[07:52.000 --> 07:55.160]  longer free to leave of my own volition.
[07:55.160 --> 08:02.960]  Therefore, I invoke my right to remain silent and I invoke my right to assistance of counsel.
[08:02.960 --> 08:12.160]  Officer, whatever his name is, do you now intend to punish me for invoking those rights?
[08:12.160 --> 08:17.960]  Do you intend to punish me, Officer, by taking me to jail, placing me in physical restraints
[08:17.960 --> 08:25.920]  and or otherwise abusing me physically before I see a magistrate?
[08:25.920 --> 08:32.960]  As often as possible, use the officer's name in relation to what he is doing wrong with
[08:32.960 --> 08:35.160]  you and your rights.
[08:35.160 --> 08:40.960]  You want to make a cop nervous about his actions, keep saying his name.
[08:40.960 --> 08:47.600]  Keep saying his name in relation to something he knows he's doing wrong when he has already
[08:47.600 --> 08:51.520]  admitted it's being recorded.
[08:51.520 --> 08:56.420]  I've seen all kinds of advice from attorneys and things like that where they're saying
[08:56.420 --> 09:00.280]  cooperate this way, cooperate that way, but what they don't tell you is the right you're
[09:00.280 --> 09:03.240]  giving up when you cooperate at all.
[09:03.240 --> 09:07.960]  I'm not saying physically resist, I'm not saying belt the guy, I'm not saying anything
[09:07.960 --> 09:09.920]  of that nature at all.
[09:09.920 --> 09:16.080]  I am saying assert your rights, then shut the hell up.
[09:16.080 --> 09:18.940]  Stop talking.
[09:18.940 --> 09:22.820]  If an officer pulls you over and he says, did you know your license plate tail light
[09:22.820 --> 09:24.040]  is out?
[09:24.040 --> 09:25.540]  What do you say?
[09:25.540 --> 09:26.540]  It sure is not.
[09:26.540 --> 09:31.960]  Well, no, Officer, I didn't know that, thank you for telling me my tail light was out.
[09:31.960 --> 09:36.080]  Not the correct response, okay?
[09:36.080 --> 09:37.940]  That's a problem.
[09:37.940 --> 09:40.700]  So what do we do?
[09:40.700 --> 09:43.600]  We go through the scenario just like I laid it out for you.
[09:43.600 --> 09:47.280]  Officer, what is the emergency and how can I help?
[09:47.280 --> 09:51.240]  Is there a recording being made of this encounter?
[09:51.240 --> 09:55.680]  For the record, Officer, whatever your name is, you are aware and you are being so informed
[09:55.680 --> 09:58.920]  that I am not engaging in transportation or commercial use of the highways.
[09:58.920 --> 10:02.560]  Do you acknowledge you have been so informed?
[10:02.560 --> 10:03.840]  Am I under arrest?
[10:03.840 --> 10:05.600]  Am I free to go?
[10:05.600 --> 10:09.600]  Then I must invoke my right to remain silent and my right to demand assistance of counsel
[10:09.600 --> 10:14.720]  as I have a feel that I am in a custodial arrest and cannot leave of my own free will.
[10:14.720 --> 10:17.760]  Okay, that's simple.
[10:17.760 --> 10:19.840]  Doesn't matter what they ask you.
[10:19.840 --> 10:22.280]  Sir, how many drinks have you had today?
[10:22.280 --> 10:31.360]  Well, I had a couple of beers earlier and again, wrong answer.
[10:31.360 --> 10:39.280]  Stop giving them ammunition to further detain you and or arrest you on.
[10:39.280 --> 10:46.320]  Officer, shut up, okay, just shut up.
[10:46.320 --> 10:50.520]  You know, there's this old saying that you spend the first two years of a child's life
[10:50.520 --> 10:55.760]  trying to teach them how to talk and the next 18 years trying to get them to shut up.
[10:55.760 --> 10:57.280]  I got news for you.
[10:57.280 --> 11:05.360]  When it comes to anybody and law enforcement, nobody knows when to shut up, not even the
[11:05.360 --> 11:06.360]  adults.
[11:06.360 --> 11:12.720]  So it's time to learn, stop talking.
[11:12.720 --> 11:24.600]  Words are not your friend when they are used carelessly and loosely with a police officer.
[11:24.600 --> 11:26.880]  Big mistake.
[11:26.880 --> 11:29.680]  So stop making it.
[11:29.680 --> 11:33.120]  Make them own up to their mistakes.
[11:33.120 --> 11:36.040]  Stop admitting that you've made any.
[11:36.040 --> 11:40.000]  Stop admitting that you may have done something wrong.
[11:40.000 --> 11:42.960]  No one can compel you to do that.
[11:42.960 --> 11:48.360]  Why are you doing that?
[11:48.360 --> 11:50.240]  So the problem I've got is this.
[11:50.240 --> 11:57.900]  When you folks do that, you severely curtail the ability of yourself or your attorney to
[11:57.900 --> 11:59.680]  help you.
[11:59.680 --> 12:02.880]  Doesn't matter whether you're going to use an attorney or you're going to go pro se.
[12:02.880 --> 12:09.540]  If you're going to sit here and talk and dig the hole deeper before somebody starts shoveling
[12:09.540 --> 12:14.640]  the dirt back in on top of you, then you are your own worst enemy.
[12:14.640 --> 12:16.400]  Wouldn't you agree?
[12:16.400 --> 12:19.640]  The cops not digging your hole, the prosecutors not digging your hole.
[12:19.640 --> 12:23.000]  You did that the moment they pulled you over.
[12:23.000 --> 12:24.720]  Now they just get to kick the dirt in.
[12:24.720 --> 12:30.840]  Okay, stop giving them that opportunity.
[12:30.840 --> 12:32.700]  Be smart.
[12:32.700 --> 12:35.920]  Be smarter than them.
[12:35.920 --> 12:39.980]  Cops don't like it when you answer questions with questions, but they're going to have
[12:39.980 --> 12:44.780]  a hard time saying shut up and tell me only what I want to know when what you're responding
[12:44.780 --> 12:50.040]  with is something you have a right to say and a right to demand.
[12:50.040 --> 12:52.520]  The cop cannot arbitrarily tell you shut up.
[12:52.520 --> 12:53.520]  You have no rights.
[12:53.520 --> 12:55.640]  I'm not going to let you tell me about your rights.
[12:55.640 --> 12:58.320]  I'm not going to let you invoke your rights.
[12:58.320 --> 13:01.720]  How's that going to play on a video in front of a jury?
[13:01.720 --> 13:03.720]  It's not.
[13:03.720 --> 13:06.520]  So make them make the mistakes.
[13:06.520 --> 13:12.020]  You stop making them for them, okay?
[13:12.020 --> 13:17.080]  That old World War II thing of loose lips sink ships.
[13:17.080 --> 13:22.880]  That's 100% correct, especially when that ship is yours and it's your lips that's making
[13:22.880 --> 13:26.840]  the hole for it to take on water and sink.
[13:26.840 --> 13:29.840]  See, that analogy fits perfectly.
[13:29.840 --> 13:37.200]  Open mouth, water flows in, capsizes the boat and it's gone.
[13:37.200 --> 13:40.480]  Seal your lips, stop talking.
[13:40.480 --> 13:47.920]  The only words coming out of your mouth should be to protect and preserve your rights.
[13:47.920 --> 13:57.000]  If you are doing anything else, you are shooting yourself in the foot.
[13:57.000 --> 13:58.640]  Does not matter what the situation is.
[13:58.640 --> 14:04.840]  I don't care if you've got 40 keys of marijuana in the back of your van, okay?
[14:04.840 --> 14:08.520]  When the officer goes, do you happen to have anything illegal in here that I ought to know
[14:08.520 --> 14:10.520]  about?
[14:10.520 --> 14:12.440]  Don't get wise.
[14:12.440 --> 14:14.920]  Don't get smart alecky.
[14:14.920 --> 14:18.480]  Don't be funny.
[14:18.480 --> 14:22.440]  Simply tell him, officer, do you have a warrant or any type of articulable probable cause
[14:22.440 --> 14:26.440]  to believe that such would be in this van?
[14:26.440 --> 14:31.640]  Okay, that's simple.
[14:31.640 --> 14:36.400]  What you said goes to invoking and protecting your rights.
[14:36.400 --> 14:40.120]  Doesn't get chatty, doesn't give the officer the information he wants that he's going to
[14:40.120 --> 14:42.720]  use against you later.
[14:42.720 --> 14:43.720]  Where have you been?
[14:43.720 --> 14:44.720]  Where are you going?
[14:44.720 --> 14:45.720]  How much you had to drink?
[14:45.720 --> 14:46.800]  How long are you at this place?
[14:46.800 --> 14:47.800]  How long are you at that place?
[14:47.800 --> 14:51.200]  Where are you headed to now?
[14:51.200 --> 14:54.560]  Any of those should just be ignored.
[14:54.560 --> 14:57.520]  They're not relevant.
[14:57.520 --> 14:58.520]  Doesn't matter if it's speeding.
[14:58.520 --> 15:02.560]  Do you have any idea how fast you were going?
[15:02.560 --> 15:03.560]  Don't crack wise.
[15:03.560 --> 15:04.560]  No, didn't you know?
[15:04.560 --> 15:09.080]  Why did you stop me if you don't know?
[15:09.080 --> 15:13.760]  What is the emergency and how can I help?
[15:13.760 --> 15:19.240]  We'll address the speeding issue when we get to the statement of I am not engaging in transportation
[15:19.240 --> 15:21.880]  or commercial use of the roadways.
[15:21.880 --> 15:24.920]  Do you acknowledge you have been so informed, officer so-and-so?
[15:24.920 --> 15:32.480]  Remember, use their name at every opportunity in connection with the statements you're making
[15:32.480 --> 15:35.440]  about protecting your rights.
[15:35.440 --> 15:40.720]  Officer Davis, I now make you aware that I feel I am not free to leave and I'm in a custodial
[15:40.720 --> 15:45.840]  arrest so I'm invoking my right to remain silent and not to testify or provide evidence
[15:45.840 --> 15:52.000]  against myself and I am invoking my right to assistance of counsel.
[15:52.000 --> 15:54.520]  And the officer goes, turn around and put your hands behind your back.
[15:54.520 --> 15:59.720]  Officer Davis, am I now to understand that you are about to put me in physical restraints
[15:59.720 --> 16:05.600]  and punish me by taking me and locking me in a jail cell for invoking my protected right
[16:05.600 --> 16:10.400]  to remain silent and my protected right to assistance of counsel?
[16:10.400 --> 16:17.160]  Is this my correct understanding of the situation, Officer Davis?
[16:17.160 --> 16:22.880]  This officer, if he's got any functioning brain cells, is going to have to start wondering
[16:22.880 --> 16:28.680]  why you keep using his name in relation to these illegal acts and it's going to dawn
[16:28.680 --> 16:30.980]  on him why.
[16:30.980 --> 16:35.440]  You're making a record and he is the star.
[16:35.440 --> 16:40.640]  Alright, folks, hang on, we'll finish up and we'll start taking calls on the other side.
[16:40.640 --> 17:10.400]  Calling number 512-646-1984, y'all give us a call, we will be right back.
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[17:54.720 --> 17:56.720]  So what do you say, Elvis?
[17:56.720 --> 18:00.440]  I am trying to learn more.
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[18:14.560 --> 18:19.400]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.400 --> 18:25.240]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.240 --> 18:29.800]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
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[18:41.280 --> 18:46.800]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Miras banner
[18:46.800 --> 18:49.160]  or email MichaelMiras at yahoo.com.
[18:49.160 --> 18:59.320]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors
[18:59.320 --> 19:10.280]  now.
[19:10.280 --> 19:24.640]  Alright folks, we are back.
[19:24.640 --> 19:26.760]  This is Rule of Law Radio.
[19:26.760 --> 19:31.760]  Call in number 512-646-1984.
[19:31.760 --> 19:35.200]  We have our first caller of the evening, Matt.
[19:35.200 --> 19:37.520]  Alright Matt, what can we do for you?
[19:37.520 --> 19:38.880]  Hey Eddie.
[19:38.880 --> 19:43.320]  Hey, I had a court appearance that was set.
[19:43.320 --> 19:49.880]  It was actually for a pretrial hearing and I didn't show up for it.
[19:49.880 --> 19:53.560]  And they issued a warrant against me for failure to appear.
[19:53.560 --> 19:59.480]  And it's my understanding that they can't issue a warrant for failure to appear to a
[19:59.480 --> 20:02.720]  pretrial hearing.
[20:02.720 --> 20:07.760]  And you get that understanding for what?
[20:07.760 --> 20:14.360]  Because it's not actually, it's not a trial on the merits.
[20:14.360 --> 20:19.920]  But did they send, the question is whether or not they sent you a proper summons to appear,
[20:19.920 --> 20:29.160]  which they never do, okay, but as far as that goes, you were summoned to the court, though
[20:29.160 --> 20:31.040]  it was illegal and improper.
[20:31.040 --> 20:35.680]  You still need to challenge that, but you need to do it by showing up and filing a motion
[20:35.680 --> 20:40.200]  objecting to the appearance and stating you're not going to participate because there was
[20:40.200 --> 20:42.600]  no proper summons issued.
[20:42.600 --> 20:44.600]  But just not showing up at all.
[20:44.600 --> 20:48.360]  Yeah, they can issue a warrant for that if you were properly summoned.
[20:48.360 --> 20:54.280]  What they cannot issue a warrant for on a Class C is if, is for the notice to appear
[20:54.280 --> 20:56.620]  on the citation.
[20:56.620 --> 21:01.740]  If you don't come in in compliance with the citation, there is no authority for them to
[21:01.740 --> 21:08.480]  issue a warrant, okay, but for pretrial and trial and things like that, as long as you
[21:08.480 --> 21:13.280]  were properly summoned, yeah, they can get you for failure to appear.
[21:13.280 --> 21:18.820]  What you have to understand is, is they never summoned you in a manner required by law and
[21:18.820 --> 21:21.920]  in accordance with Chapter 23 of the Code of Criminal Procedure.
[21:21.920 --> 21:23.920]  All right.
[21:23.920 --> 21:24.920]  Okay.
[21:24.920 --> 21:31.360]  All right, well, I guess that's it, that's all, that's all I really had a question about.
[21:31.360 --> 21:32.360]  Okay.
[21:32.360 --> 21:33.360]  Thanks for calling in.
[21:33.360 --> 21:34.360]  All right.
[21:34.360 --> 21:35.360]  Bye.
[21:35.360 --> 21:36.360]  Bye-bye.
[21:36.360 --> 21:38.680]  All right, folks, we don't have any more callers.
[21:38.680 --> 21:41.960]  Call in number 512-646-1984.
[21:41.960 --> 21:48.000]  Now, as much as we need to understand this thing about talking to police officers, we
[21:48.000 --> 21:52.240]  also need to understand the limit of what these officers can do.
[21:52.240 --> 21:57.340]  If you want to understand what the officer's required to do when he's placing you in custody,
[21:57.340 --> 22:02.800]  you need to read 38.22 of the Code of Criminal Procedure when statements can be used or may
[22:02.800 --> 22:05.240]  be used.
[22:05.240 --> 22:10.680]  When you read that, you find out real quick that section is specifically subsection A
[22:10.680 --> 22:16.560]  where the officer is required to deliver Miranda and never does.
[22:16.560 --> 22:20.020]  The officer is required to inform you of your rights.
[22:20.020 --> 22:28.680]  If he fails to do so, any statements or evidence that officer gets can be declared inadmissible,
[22:28.680 --> 22:38.420]  but you or your attorney has to file a motion, okay, that excludes that evidence and statement.
[22:38.420 --> 22:45.640]  If you fail to exclude it or you fail to object to its introduction at trial or at any other
[22:45.640 --> 22:49.640]  proceeding, then they'll get away with it.
[22:49.640 --> 22:56.400]  So consider that you need to learn the rules of the game, and that's why, okay?
[22:56.400 --> 22:59.960]  If you don't read the rules of the game, then you don't understand when those statements
[22:59.960 --> 23:02.440]  you make to that officer can or cannot be used.
[23:02.440 --> 23:05.360]  Now, here's the situation, however.
[23:05.360 --> 23:10.040]  Do not think that you can make a statement that prevents the officer from conducting
[23:10.040 --> 23:11.880]  a further investigation.
[23:11.880 --> 23:16.840]  The more you talk, the more information you give him and the more probable cause you may
[23:16.840 --> 23:22.440]  give him to hold you over to continue to try to investigate and question you and so on
[23:22.440 --> 23:24.080]  and so forth.
[23:24.080 --> 23:27.080]  That's why you don't talk, okay?
[23:27.080 --> 23:34.240]  The other issue you've got is, again, open mouth, insert foot.
[23:34.240 --> 23:38.200]  By not knowing the rules of the game, you don't know what statements will be considered
[23:38.200 --> 23:41.580]  voluntary and which ones won't.
[23:41.580 --> 23:50.040]  But once you invoke your rights, if that officer continues and you do not allow him to continue
[23:50.040 --> 23:56.960]  by objecting to everything they do, and you need to make sure you do that, I do not consent
[23:56.960 --> 23:58.000]  to this search.
[23:58.000 --> 24:02.680]  I do not consent to you searching my car, Officer Davis, without a warrant.
[24:02.680 --> 24:07.520]  I do not consent to you going into my pockets without a warrant, Officer Davis.
[24:07.520 --> 24:12.560]  I do not consent to you reaching inside of my back pocket or down my pants or in my bra
[24:12.560 --> 24:16.080]  or whatever happens to be your forte.
[24:16.080 --> 24:18.320]  But keep using the officer's name.
[24:18.320 --> 24:20.840]  Keep stating exactly what he's doing wrong.
[24:20.840 --> 24:25.880]  Keep making your audio-visual record, okay?
[24:25.880 --> 24:32.280]  But don't go talking about the weather, what kind of parties and music you like, what you
[24:32.280 --> 24:35.520]  had to drink, what you want to drink.
[24:35.520 --> 24:38.360]  That is off limits.
[24:38.360 --> 24:41.440]  Protect your rights, not your right to conversation.
[24:41.440 --> 24:42.440]  Okay?
[24:42.440 --> 24:47.000]  All right, we have another caller up on the board, Frank in New York.
[24:47.000 --> 24:49.040]  Frank, what can we do for you?
[24:49.040 --> 24:50.080]  Hi, Eddie.
[24:50.080 --> 24:58.240]  I made the mistake of getting in conversation with a police officer, actually a state trooper.
[24:58.240 --> 25:07.320]  And I'm not stupid, but I wasn't traveling in my car, so I figured, you know, whatever.
[25:07.320 --> 25:14.880]  So he actually gave me a ticket for unlicensed operation.
[25:14.880 --> 25:22.720]  He asked me some questions that I didn't think were...he would have their guts to have me
[25:22.720 --> 25:27.400]  on the sidewalk talking to him, saying that I was driving.
[25:27.400 --> 25:31.000]  So he did it.
[25:31.000 --> 25:37.640]  And so now I have a ticket in Marbletown, and he put on a statement that I wasn't using
[25:37.640 --> 25:45.120]  my license, and I had dropped my girlfriend off so that she could go off some steam, basically,
[25:45.120 --> 25:46.120]  on the ticket.
[25:46.120 --> 25:51.800]  So I'm like, okay, he's using my words against me, and that's all he's got is prima facie.
[25:51.800 --> 25:57.480]  But I got a...my father got a call from the clerk of the court, because I'm out of town,
[25:57.480 --> 26:01.960]  and I'll explain that later.
[26:01.960 --> 26:06.960]  She said, I have to plead to the ticket or it's going to get expensive.
[26:06.960 --> 26:07.960]  So I just...
[26:07.960 --> 26:14.480]  I basically blew her off for now, but because I'm not in town, I can't go...I can't corral
[26:14.480 --> 26:19.440]  her into making some statements until I'm there with the state reporter.
[26:19.440 --> 26:26.160]  So I'm not going to talk to her on the phone, because then she'll get prepared and all that.
[26:26.160 --> 26:28.880]  So what do you think?
[26:28.880 --> 26:33.020]  Well, again, I'm not quite sure where you're trying to go with this.
[26:33.020 --> 26:35.240]  What exactly is the point of it?
[26:35.240 --> 26:45.480]  The point is, I want to educate the police officer a little bit on top of getting the
[26:45.480 --> 26:46.880]  case dismissed.
[26:46.880 --> 26:48.200]  Okay.
[26:48.200 --> 26:52.520]  You want to educate the police officer how, Frank?
[26:52.520 --> 26:57.840]  By showing him that traveling and driving are two different things.
[26:57.840 --> 27:03.520]  And you intend to accomplish this exactly how?
[27:03.520 --> 27:11.640]  By showing him that I can't...I'm not doing any harm, and therefore I'm not a criminal,
[27:11.640 --> 27:22.600]  and therefore he's wrong for detaining me for a purpose of fishing for a ticket outlet
[27:22.600 --> 27:23.600]  or whatever he wanted to do.
[27:23.600 --> 27:27.440]  I don't know what he's been trying to get rid of his ticket quota or something.
[27:27.440 --> 27:28.440]  Okay.
[27:28.440 --> 27:32.800]  And do you plan on doing this education of the cop in front of a jury?
[27:32.800 --> 27:34.440]  Uh, yeah.
[27:34.440 --> 27:35.440]  Okay.
[27:35.440 --> 27:39.600]  Then just exactly how do you intend to educate the jury?
[27:39.600 --> 27:44.360]  Because what you educate the cop on means absolutely nothing, doesn't it?
[27:44.360 --> 27:48.880]  Uh, it could help him because he's a rookie and none of the other cops would touch it.
[27:48.880 --> 27:51.840]  I mean, he had four cops standing around and they just...
[27:51.840 --> 27:58.040]  Uh, the issue here is not about helping the cop, it's about helping you.
[27:58.040 --> 28:01.800]  Right, and my future generations, basically.
[28:01.800 --> 28:07.160]  So I'm asking you again, just exactly how do you plan on this little scenario doing
[28:07.160 --> 28:08.160]  that?
[28:08.160 --> 28:14.000]  Well, I was, I was, uh, gonna try a couple approaches.
[28:14.000 --> 28:20.360]  One of them was like to shake up the clerk really bad, uh, by, uh, calling her on every
[28:20.360 --> 28:26.760]  weakness that she, she offers, uh, where she tries to basically plea and then start a lawsuit
[28:26.760 --> 28:27.760]  against her.
[28:27.760 --> 28:28.760]  Okay.
[28:28.760 --> 28:29.760]  Wait, wait, wait, wait, wait.
[28:29.760 --> 28:30.760]  Okay.
[28:30.760 --> 28:31.760]  Wait.
[28:31.760 --> 28:36.480]  Offer me legal advice and stuff like that.
[28:36.480 --> 28:38.440]  And did you record all of this?
[28:38.440 --> 28:40.160]  No, I haven't.
[28:40.160 --> 28:41.440]  My dad talked to her on the phone.
[28:41.440 --> 28:42.440]  I haven't talked to her yet.
[28:42.440 --> 28:47.800]  I want to talk to her in person so I can record it on my phone or upload it.
[28:47.800 --> 28:48.800]  Okay.
[28:48.800 --> 28:50.800]  What are the, what are the recording laws in New York?
[28:50.800 --> 28:54.080]  Uh, you have to be a party.
[28:54.080 --> 28:55.080]  Okay.
[28:55.080 --> 28:56.960]  So it's a one, it's a one party state.
[28:56.960 --> 28:57.960]  Yeah.
[28:57.960 --> 28:58.960]  Okay.
[28:58.960 --> 29:06.400]  So that's all well and good, but my question to you is what does going after the clerk
[29:06.400 --> 29:08.500]  do for you for your trial?
[29:08.500 --> 29:13.360]  What does educating the officer on the stand at your trial do for you in defending yourself
[29:13.360 --> 29:14.360]  against the ticket?
[29:14.360 --> 29:18.080]  Well, I'm not going to be talking about the merits.
[29:18.080 --> 29:21.000]  I'm going to be going for due process and all that.
[29:21.000 --> 29:24.560]  Well you can't, you cannot, whoa, whoa, whoa, stop.
[29:24.560 --> 29:30.700]  You can't get up there and differentiate between commercial use and right to travel and not
[29:30.700 --> 29:33.240]  go to marriage.
[29:33.240 --> 29:34.240]  Just not going to happen.
[29:34.240 --> 29:37.240]  No, I didn't, I didn't, I didn't give him the light.
[29:37.240 --> 29:38.240]  Hang on Frank.
[29:38.240 --> 29:39.240]  Hang on.
[29:39.240 --> 29:40.240]  We got to go to break here.
[29:40.240 --> 29:47.480]  All right folks, this is rule of law radio calling number five one two six four six 1984.
[29:47.480 --> 29:48.760]  Give us a call folks.
[29:48.760 --> 29:51.600]  We're going to be right back on the other side of this here break.
[29:51.600 --> 30:00.000]  So hang on and listen in.
[30:00.000 --> 30:05.360]  This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[30:05.360 --> 30:07.200]  The government says that fire brought it down.
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[30:20.320 --> 30:21.720]  I'm a New York City correction officer.
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[31:06.000 --> 31:10.840]  easy and neither is finding like minded people to share it with oh well I guess you haven't
[31:10.840 --> 31:16.120]  heard of brave new books then brave new books yes brave new books has all the books and
[31:16.120 --> 31:21.300]  DVDs you're looking for by authors like Alex Jones Ron Paul Angie Edward Griffin they even
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[31:38.040 --> 31:44.800]  hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore
[31:44.800 --> 31:50.920]  it does exist but when are they open Monday through Saturday 11 a.m. to 9 p.m. and one
[31:50.920 --> 31:57.600]  to 6 p.m. on Sundays so give them a call at 512 480 2503 or check out their events page
[31:57.600 --> 32:24.600]  at brave new bookstore.com live free speech radio logos radio network.com
[32:24.600 --> 32:44.600]  okay
[32:44.600 --> 32:50.520]  folks we are back this is rule of law radio all right we are talking to Frankie New York
[32:50.520 --> 32:57.520]  call in number is 512-646-1984 give me some callers folks I'm sitting out here all alone
[32:57.520 --> 33:04.160]  except for Frank I need somebody to talk to all right Frank let's continue on here I believe
[33:04.160 --> 33:13.680]  my question was how does anything that you've said so far help you with the ticket okay
[33:13.680 --> 33:18.880]  so challenge the subject matter jurisdiction they have no indictment they have no information
[33:18.880 --> 33:28.640]  correct are they required to in New York yeah Constitution and if it ain't if it ain't in
[33:28.640 --> 33:34.720]  my if it ain't in the Constitution then it's in the federal anyway so I just removed the
[33:34.720 --> 33:42.560]  move it to federal not going to happen for a traffic ticket but go ahead no no now if
[33:42.560 --> 33:48.520]  they violate my right if you can make an adequate showing that the due process rights are violated
[33:48.520 --> 33:55.920]  and there is no state-level remedy for that yeah okay so I can't go to federal at the
[33:55.920 --> 33:59.640]  stake or Emory remedy correct I don't get remedy in the state correct I don't get let
[33:59.640 --> 34:07.480]  me in the state so I go in federal yes well I exhaust my remedies right yes okay so I
[34:07.480 --> 34:13.440]  know if I I don't the case don't get adjudicated till I I stop fighting right say that one
[34:13.440 --> 34:21.360]  more time the case doesn't get settled until I stop fighting until you until you stop fighting
[34:21.360 --> 34:29.360]  right so like until I make a deal or whatever or just lay down well or until the last court
[34:29.360 --> 34:38.000]  says guilty yeah all right so I told him I was in commerce I wasn't driving I told him
[34:38.000 --> 34:50.280]  all this stuff I recorded it on my phone he basically quietly gave me a ticket and it
[34:50.280 --> 34:54.400]  said on it that I wasn't using my license I told that was my statement that he put on
[34:54.400 --> 35:01.480]  there and then he said I dropped my girlfriend off because she needs a blossom stick or something
[35:01.480 --> 35:06.320]  to that effect don't have to get in front of me but what I'm going to do I'm going to
[35:06.320 --> 35:10.760]  beat the ticket I've I've beat every ticket thanks to you guys because at least I could
[35:10.760 --> 35:15.800]  pull out of my hat and they all and the all of the city attorneys know me that I will
[35:15.800 --> 35:20.920]  bar grieve them and that and I will put them on bard grievance.com and I will make their
[35:20.920 --> 35:27.640]  lives to total hell if they if they try to push the case through and it's scared every
[35:27.640 --> 35:32.680]  one of them so that's my that's my anchor right there and when they see me in a courtroom
[35:32.680 --> 35:38.700]  they're all the same guys they know what's going to happen so they just basically recommend
[35:38.700 --> 35:44.920]  dismissal but before I get dismissed I want to make a dent for other for other people
[35:44.920 --> 35:49.840]  okay Frank if they're going to dismiss it if they're going to dismiss it before they
[35:49.840 --> 35:55.220]  ever get you in the chair you're not going to make a dent in anything why in the world
[35:55.220 --> 36:01.400]  would a prosecutor that is going to dismiss your case allow you to start examinations
[36:01.400 --> 36:08.440]  and do anything that would educate anybody for a case he's going to dismiss well the
[36:08.440 --> 36:15.520]  thing is I've tricked him before I got five appearances before the gallery telling him
[36:15.520 --> 36:20.400]  all the things and the judge tried to shut me up and I just kept on talking and I was
[36:20.400 --> 36:28.160]  very nice and polite and loving and everything and I educated a couple probably 75 80 people
[36:28.160 --> 36:36.520]  so if I can if if I can get some words out before they throw me out of there it's better
[36:36.520 --> 36:41.040]  than nothing and I can't get to those people on the street because basically I get I get
[36:41.040 --> 36:45.760]  to enough people on the street basically I tell everybody about your show and I I push
[36:45.760 --> 36:51.160]  your show all day I mean I've been doing it in Ohio Ohio is a wreck it's like a train
[36:51.160 --> 36:56.760]  wreck over here nobody knows their rights the kids are all flipping burgers I'm trying
[36:56.760 --> 37:00.240]  to tell them to go read a book get out of school when you get out of school just go
[37:00.240 --> 37:07.360]  to the library and get a career I started mine in sixth grade I started my career started
[37:07.360 --> 37:13.220]  learning stuff but in sixth grade my mother told me liberty means go to go and get educated
[37:13.220 --> 37:17.800]  go to just go to the library don't stay in school don't do your homework the library
[37:17.800 --> 37:23.360]  okay well okay let's get back on track here for a second Frank what is your question or
[37:23.360 --> 37:32.480]  your intent in all of this my intent is to do the most good for my energy I just want
[37:32.480 --> 37:38.880]  to I just want to get this information out any way I can okay can I offer suggestion
[37:38.880 --> 37:47.360]  can offer suggestion yeah if you want to do the most good do it by winning not by educating
[37:47.360 --> 37:52.520]  the people that are doing the stuff that's wrong because the way you're trying to educate
[37:52.520 --> 37:58.240]  them will never stay in their mind because there's money involved here that supersedes
[37:58.240 --> 38:07.360]  the education you give them and if one officer refuses to do this 500 others won't so what
[38:07.360 --> 38:13.840]  you have to do is you take it to task and you get records made of what's going on by
[38:13.840 --> 38:18.880]  beating the case in court but doing it the right way so that somebody else can use the
[38:18.880 --> 38:26.240]  precedent you set they can't use a dismissal okay you guys have helped me so much I'm growing
[38:26.240 --> 38:31.680]  I'm growing up okay now I understand case I was I helped I helped the guy with a case
[38:31.680 --> 38:38.280]  in Ohio and you paid me five hundred dollars I got uh Frank Frank that is not information
[38:38.280 --> 38:44.920]  I would be yakking about across the airways if I were you well it doesn't matter doesn't
[38:44.920 --> 38:48.200]  matter because I'm not even around I'm a I'm not a citizen doc they're not going to come
[38:48.200 --> 38:57.000]  and get me I'm all over the place so anyway I got my car fixed up and now I'm going to
[38:57.000 --> 39:06.080]  have some money extra to buy your to buy your your course that's what you call it so this
[39:06.080 --> 39:09.400]  month I'm going to that's the first thing I'm going to do because I'm all even steven
[39:09.400 --> 39:16.560]  now with my car and I'm getting I'm still traveling around I don't have a house there's
[39:16.560 --> 39:22.720]  no way they're going to you know attack me as a sitting duck so basically I'm going to
[39:22.720 --> 39:26.880]  go in when I'm ready and I hope that they put me in jail and I get to go to federal
[39:26.880 --> 39:33.520]  court and I hope I'm ready by then to uh fight them all the way down the line and now hopefully
[39:33.520 --> 39:41.280]  your papers help me so uh I'm gonna I'm going for it I'm not I'm not sitting still I'm not
[39:41.280 --> 39:46.680]  the smartest guy and I'm not smart as you yet but I'm I'm determined and you can't stop
[39:46.680 --> 39:52.160]  someone determined just can't stop them right now I'm chasing my bag down from a bus trip
[39:52.160 --> 39:59.040]  I took to Ohio and I got one bag and I got two bags to go with my laptop cinnamon stuff
[39:59.040 --> 40:06.000]  and I believe the bus driver mishandled them and stole them but I don't know but uh I gotta
[40:06.000 --> 40:12.160]  go to Columbus now I'm talking to people along the way I'm getting a lot said tell them listen
[40:12.160 --> 40:17.440]  to the show um doing a lot I'm doing a lot of good and I feel good about myself I sleep
[40:17.440 --> 40:22.480]  good and that's and that cop I'm sure he don't sleep good knowing that he's hurting people
[40:22.480 --> 40:27.920]  or he's taking drugs I don't know what the hell he's doing but uh what goes around comes
[40:27.920 --> 40:34.840]  around and and and God's on my side so he just guided me to do the right thing so that's
[40:34.840 --> 40:40.840]  what I'm doing and believe me God exists well that part I know but again I'm gonna wish
[40:40.840 --> 40:44.520]  you luck I'm gonna tell you that what you're doing I don't think should be the approach
[40:44.520 --> 40:50.840]  you're using but more power to you and good luck yep and if I have to drop some some of
[40:50.840 --> 40:57.600]  my ideas and pick up some of yours you know I mean no one man can know everything and
[40:57.600 --> 41:03.680]  some things I do that you don't do I believe me I don't pretend to know everything but
[41:03.680 --> 41:09.800]  what I know was learned the hard way and through a whole lot of avenues to make sure it's the
[41:09.800 --> 41:16.640]  right Avenue I'm not reinventing you and I'm not basically just using all all the stuff
[41:16.640 --> 41:24.000]  I understand uh that you do and what I understand about what I do and a lot of stuff you talk
[41:24.000 --> 41:29.400]  about lately the stuff I was talking about years ago nobody would listen to me you know
[41:29.400 --> 41:33.800]  about the about how we're the sovereigns and we don't have to tell nobody we just have
[41:33.800 --> 41:40.680]  to act like it and and all that stuff but uh right now a lot of stuff you're talking
[41:40.680 --> 41:48.880]  about it maybe brings back old memories about the teachings I got from Robert Menard a Canadian
[41:48.880 --> 41:55.320]  who came to America to learn no I'm familiar with Robert Menard and nothing I do is similar
[41:55.320 --> 42:01.960]  to Robert Menard that I'm aware of Robert Menard teaches straw man I don't he doesn't
[42:01.960 --> 42:10.560]  really teach straw man he teaches people about uh they got rights and to go use use the statutes
[42:10.560 --> 42:16.160]  against the bad guys you know he doesn't really teach the process of straw man he does that
[42:16.160 --> 42:20.040]  in Canada Canada he knows he said he would never stand in court in America with that
[42:20.040 --> 42:25.040]  stuff and you got to listen to all his stuff before you can judge him he doesn't recommend
[42:25.040 --> 42:33.720]  Americans I don't have that much no-dos well I do you know I I certainly do I have a lot
[42:33.720 --> 42:38.360]  of patience and I have a lot of enthusiasm and I'll listen to everyone and I'll take
[42:38.360 --> 42:42.960]  all their best stuff and I'll run with it well including you and I agree when they got
[42:42.960 --> 42:47.040]  best stuff but I've never heard him teaching anything about American law I've only heard
[42:47.040 --> 42:52.240]  him teaching about Canada and everything he's doing in Canada is the straw man yeah and
[42:52.240 --> 42:57.600]  he's getting results there because they got different kind of foundations than we did
[42:57.600 --> 43:05.080]  they can get away with that they actually have a they actually have a note to all the
[43:05.080 --> 43:12.320]  bills that they received in the mail it says on the corner on the top on us so if you put
[43:12.320 --> 43:20.560]  you can actually discharge your debts that benefit you and your society both to the to
[43:20.560 --> 43:27.440]  your sin number they call it a sin number up there and they actually do it down here
[43:27.440 --> 43:32.360]  try to do it you can't do it you're just going to get hurt and he told you you know they
[43:32.360 --> 43:36.760]  have okay all right frank hang on I got a bunch of callers now man I need I've had you
[43:36.760 --> 43:42.480]  on for two segments so I'm gonna wrap this up now but hang in there and good luck all
[43:42.480 --> 43:49.280]  right folks this is rule of law radio calling number 512-646-1984 Renee, Pax, John I see
[43:49.280 --> 43:53.240]  all of you there hang on we'll get to you on the other side of this break we'll be right
[43:53.240 --> 44:04.640]  back folks so hang in there are you the plaintiff or defendant in a lawsuit when your case without
[44:04.640 --> 44:10.800]  an attorney with jurisdictionary the affordable easy to understand for cd course that will
[44:10.800 --> 44:17.720]  show you how in 24 hours step by step if you have a lawyer know what your lawyer should
[44:17.720 --> 44:23.240]  be doing if you don't have a lawyer know what you should do for yourself thousands have
[44:23.240 --> 44:29.800]  won with our step by step course and now you can too jurisdictionary was created by a licensed
[44:29.800 --> 44:36.520]  attorney with 22 years of case winning experience even if you're not in a lawsuit you can learn
[44:36.520 --> 44:41.360]  what everyone should understand about the principles and practices that control our
[44:41.360 --> 44:49.000]  american courts you'll receive our audio classroom video seminar tutorials forms for civil cases
[44:49.000 --> 44:55.560]  pro se tactics and much more please visit rule of law radio.com and click on the banner
[44:55.560 --> 45:04.200]  or call toll free 866-LAW-EASY the Oklahoma City bombing top 10 reasons to question the
[45:04.200 --> 45:09.800]  official story reason number one John Doe number two and other accomplices on the day
[45:09.800 --> 45:14.440]  of the bombing nearly all of the witnesses that saw Tim McVeigh and the Ryder truck report
[45:14.440 --> 45:19.880]  that he was accompanied by other perpetrators the FBI and federal prosecutors insist that
[45:19.880 --> 45:23.960]  Tim McVeigh alone delivered the Ryder truck bomb to the Murrah building and detonated
[45:23.960 --> 45:28.880]  it the only witness the government produced to place McVeigh at the building that morning
[45:28.880 --> 45:33.440]  Dana Bradley who lost her children and one of her legs in the bombing testified that
[45:33.440 --> 45:39.160]  she saw McVeigh with another man the fabled John Doe number two exiting the Ryder truck
[45:39.160 --> 45:42.920]  while at least 15 other witnesses claimed to have seen McVeigh with other perpetrators
[45:42.920 --> 45:49.560]  the day of the bombing no less than 226 witnesses placed him with other men in the days before
[45:49.560 --> 45:55.480]  the bombing including when he rented the Ryder truck and in some cases have positively identified
[45:55.480 --> 46:25.200]  the other perpetrators for more information please visit okcbombingtruth.com
[46:25.480 --> 46:38.720]  alright folks we are back this is rule of law radio call in number 512646 1984 right
[46:38.720 --> 46:46.480]  now we are going to talk to Rene in Texas Rene what can we do for you hi Eddie hello
[46:46.480 --> 46:54.920]  hello hey uh yes Eddie I have a question okay I'm trying to figure out how I can get my
[46:54.920 --> 47:03.960]  driver's license back I got it suspended based upon a summary judgment uh further to appear
[47:03.960 --> 47:14.360]  uh I got an inaction in 2009 it wasn't my fault however I didn't have insurance at that
[47:14.360 --> 47:24.000]  time but when the other party um tried to collect from my insurance they found out that
[47:24.000 --> 47:29.480]  I didn't have insurance also I although I had the paper that said that I was covered
[47:29.480 --> 47:38.440]  I hadn't paid that month I had missed it for whatever reason right so they take me to court
[47:38.440 --> 47:44.160]  well they give the officer gives me tickets saying it's my it was my um my fault but I
[47:44.160 --> 47:50.880]  know it wasn't so I go to the court was the officer present and witnessed the accident
[47:50.880 --> 47:58.080]  when he issued that ticket no no it was there we had to call him later and then he showed
[47:58.080 --> 48:05.680]  up so I appear at the court date the officer doesn't show up they dismiss my ticket they
[48:05.680 --> 48:13.320]  miss my case I go home two months later I get a letter saying that I'm being sued by
[48:13.320 --> 48:22.980]  the other party who I supposedly hit and and then you know they gave me a date um to go
[48:22.980 --> 48:27.440]  to court because the other party were suing me for like four thousand and something dollars
[48:27.440 --> 48:35.480]  of damages because they couldn't collect my insurance and I said well you know it wasn't
[48:35.480 --> 48:41.000]  my fault however I was in California I live in Texas but I was driving a truck driver
[48:41.000 --> 48:48.240]  I was in California at the time of the day so I missed the court date and they defaulted
[48:48.240 --> 48:56.600]  on summary judgment against me and a month or two later I were were you made aware that
[48:56.600 --> 49:02.880]  the of the court date yes I was okay and you didn't think it was a good idea to be there
[49:02.880 --> 49:11.360]  yes I know it was no it just it just kind of happened I forgot I remember what I was
[49:11.360 --> 49:16.880]  doing you know I didn't I didn't pay too much attention to it well the problem is they did
[49:16.880 --> 49:21.400]  and they know what they're doing and what they did was they got a valid judgment against
[49:21.400 --> 49:26.600]  you because you didn't show up correct so what exactly is your question out of all this
[49:26.600 --> 49:31.960]  now because you're kind of putting the the barns burned down the horses didn't get out
[49:31.960 --> 49:38.720]  the silo full of feed was standing next to the barn what do you got left well that's
[49:38.720 --> 49:44.920]  my question now my my driver's license is suspended um I don't want to pay these guys
[49:44.920 --> 49:54.920]  because I mean well they are the the um out there in Austin the DMV they sent me a letter
[49:54.920 --> 50:00.240]  saying that oh oh yeah I also called them anyway I called them and they said that I
[50:00.240 --> 50:06.320]  would need to talk to their lawyers to make up and having to get an agreement to pay them
[50:06.320 --> 50:12.480]  or pay my debt and as soon as they I pay or I make arrangements they can the lawyers will
[50:12.480 --> 50:21.840]  call contact DMV or send them a letter or whatever to re-enstate my driver's license
[50:21.840 --> 50:27.280]  but I don't want to do that is there another way because I feel that it was not my fault
[50:27.280 --> 50:35.520]  if I yeah I'm okay here's the problem Renee if it was not your fault you had your opportunity
[50:35.520 --> 50:40.480]  to go to court and show it was not your fault but you were in a truck in California on your
[50:40.480 --> 50:49.200]  court date okay see the first part of fighting a fight or a battle or a war is showing up
[50:49.200 --> 50:54.880]  when you don't show up somebody else gets to claim the field right because there's no
[50:54.880 --> 51:01.920]  one there to defend it correct so whether it was your fault or not at this point one
[51:01.920 --> 51:10.880]  hundred percent moot yes okay correct so you have two options pay them move to a different
[51:10.880 --> 51:17.680]  country those are my two options unless you're going to falsify a name and get a new license
[51:17.680 --> 51:23.840]  under that false assume name yeah and I wouldn't recommend that choice if I were you but that's
[51:23.840 --> 51:30.080]  your call okay okay well that's what I need to know because I mean I didn't know if there
[51:30.080 --> 51:36.320]  was another way I could go around it no because you are a commercial driver you're stuck okay
[51:38.000 --> 51:42.960]  okay okay all right that's the question that I had thank you you're welcome great all right
[51:42.960 --> 51:48.960]  bye-bye all right now we're going to go to Pax in Texas Pax what can we do for you
[51:48.960 --> 51:55.760]  um hey Eddie I appreciate your services man um and thank you for your advice um you know
[51:56.720 --> 52:02.880]  my situation is I was uh sleeping in bed one night uh a couple nights ago and all of a sudden I heard
[52:02.880 --> 52:10.400]  a big zoom a crash and I stepped outside and realized that my car got hit basically um
[52:10.400 --> 52:18.400]  I assume a drunk driver whatever um they pulled off and uh and I never saw the vehicle that hit me
[52:19.040 --> 52:28.400]  and so I'm going through my insurance company and they sent me uh a form to expedite basically uh
[52:28.400 --> 52:37.920]  my uh your claim me yes sir my claim uh cr2 and in it they say that you know like fill this out
[52:37.920 --> 52:47.520]  if you don't have a you know police officer investigating this although I do and I assume
[52:47.520 --> 52:52.800]  that okay did did you call the cops and report the accident yes yes sir I did did they come out
[52:52.800 --> 52:59.040]  and do an investigation and create a police report yes sir okay then you need a copy of that to
[52:59.040 --> 53:06.080]  attach to this claim form yes sir and and so what what I know is that it takes 10 days to do this
[53:06.080 --> 53:11.920]  to do this and what's interesting though in this driver they call it the driver's crash report for
[53:11.920 --> 53:17.920]  an uninsured motorist basically hitting because it was a hit and run basically and that's what
[53:17.920 --> 53:22.960]  confuses me is that they they asked me to fill out this form and it says in the beginning that
[53:22.960 --> 53:29.200]  like you fill out this form if there's no investigation going on but I had a police officer
[53:29.200 --> 53:36.960]  come out and and and file a report and so why are they asking me to fill out this driver's crash
[53:36.960 --> 53:44.000]  report that says if you fill this out if if someone if you have not filed a police report
[53:44.000 --> 53:49.920]  is it just is it just like okay here's here's more or less the way I see this particular scenario
[53:49.920 --> 53:55.920]  playing out for the purpose of this form yes sir if you do not have an investigation going on the
[53:55.920 --> 54:02.480]  insurance company is able to pony up the dough right away because there's no probability of
[54:02.480 --> 54:07.760]  the other party being found and brought to bear because no investigation is being conducted right
[54:08.640 --> 54:12.560]  yes sir so we can pay your claim because we're not going to waste money and effort tracking the
[54:12.560 --> 54:19.600]  guy down either right however fail to file your form because there's an investigation going on
[54:19.600 --> 54:24.800]  and the insurance company is free to sit back and go well we're not going to pay until the police
[54:24.800 --> 54:28.480]  investigation is completed and lets us know whether or not there's somebody else we can
[54:28.480 --> 54:33.520]  collect from right now that's entirely a possibility not saying that's what your
[54:34.160 --> 54:39.280]  insurance company is going to do but it's definitely something possible so what I'd do
[54:39.280 --> 54:45.120]  is I'd be getting on uh the phone with my insurance agent not my adjuster my agent
[54:46.320 --> 54:52.320]  and I would say okay you've been taking my business for how long now I have a form here
[54:52.320 --> 54:58.480]  from your company for a claim of a hit and run on my car this form says such and such
[54:59.040 --> 55:07.280]  what I want to know is what is the pros and cons of completing this form or not completing this form
[55:08.640 --> 55:15.040]  and then I want you to spell that out for me where everybody understands so that if I wind
[55:15.040 --> 55:19.520]  up getting shafted in the long run by my own insurance company you and I will have a long
[55:19.520 --> 55:26.160]  discussion about why you're not my insurance agent anymore yep yep so in that same regard
[55:26.800 --> 55:33.760]  the thing that kind of weirds me out about this uh this cr2 which is supplied by the
[55:33.760 --> 55:40.720]  texas department of transportation is that they define a driver of a motor vehicle and
[55:41.440 --> 55:47.360]  is that a definition there used an application to you or to the person that hits you um you know
[55:47.360 --> 55:55.280]  actually I do not know that specifically I assume and you know we know what that word means I assume
[55:55.280 --> 56:04.240]  that I am you know the fact they use a motor vehicle that makes me like hesitant you know
[56:04.240 --> 56:10.640]  reticent to respond to this and saying like well actually I don't okay listen carefully let's see
[56:10.640 --> 56:16.560]  if we can get this distinction downwards less troubling to you yes sir you do not use your car
[56:16.560 --> 56:25.680]  as a motor vehicle not at all but you insured it as a motor vehicle apparently therefore you
[56:25.680 --> 56:40.000]  will collect on it as a motor vehicle that messes me up why what are you guilty of you do not use it
[56:40.000 --> 56:49.520]  as a motor vehicle you simply insured it as a motor vehicle right right right right yeah yeah
[56:49.520 --> 56:56.480]  yeah entirely and and that's why I have a driver's license is because I I don't use my car as a motor
[56:56.480 --> 57:04.960]  vehicle but apparently I have to have a driver's license no not if you're not using it as a motor
[57:04.960 --> 57:13.840]  vehicle you've never been to my class have you no not yet well that yet is where a lot of people
[57:13.840 --> 57:19.280]  are finding themselves in a lot of trouble see I got a whole bunch of people around here in Austin
[57:19.280 --> 57:23.760]  that call into the show they're real close but they don't ever show up in class until they get
[57:23.760 --> 57:28.400]  a ticket or they have another problem and then they're going I sure wish I'd learned all this
[57:28.400 --> 57:36.400]  stuff six months ago before this happened and you know what I wished you had too because then my
[57:36.400 --> 57:41.200]  shoes would not be getting wet because of your sob story about why you don't know what to do now
[57:41.920 --> 57:47.200]  no it's not a sob story I just don't know no but I'll just tell you that that's a good example of
[57:47.200 --> 57:54.400]  it yeah the issue here is you're not using the car for the purpose but you have it insured so
[57:54.400 --> 57:59.680]  claim it as such and get your money but at the same time don't let this form be something that
[57:59.680 --> 58:04.720]  short changes you on getting everything you're supposed to get yeah I don't want to condemn
[58:04.720 --> 58:11.520]  myself to being a motor right so put so put the yoke on the shoulders of your insurance
[58:11.520 --> 58:15.840]  insurance agent to explain this to you he should know she should know whoever it is
[58:16.480 --> 58:21.360]  right okay so put it off on them to help you understand go down to their office and see them
[58:21.360 --> 58:25.120]  face to face they're going to be a lot less likely to him ha and lie to you if you're standing there
[58:25.120 --> 58:30.160]  looking them in the eye yeah yeah I get you I get you I appreciate now if it's frank loyola
[58:30.160 --> 58:38.720]  uh well good luck all right yeah thank you bro all right have a good night all right folks this
[58:38.720 --> 58:45.680]  is rule of law radio call in number 512-646-1984 john doug I see you there hang on we'll get you
[58:45.680 --> 58:52.640]  on the other side of the break we will be right back the bible remains the most popular book in
[58:52.640 --> 58:58.560]  the world yet countless readers are frustrated because they struggle to understand it some new
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[59:04.640 --> 59:11.600]  meaning of the scripture enter the recovery version first this new translation is extremely
[59:11.600 --> 59:18.400]  faithful and accurate but the real story is the more than 9000 explanatory footnotes difficult
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[59:36.480 --> 59:47.440]  just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com
[59:47.440 --> 59:55.920]  that's freestudybible.com you are listening to the logos radio network logosradionetwork.com
[59:55.920 --> 01:00:08.880]  dead dangerous and doofus it's the three d's of designer drug use i'm dr catherine albrecht and
[01:00:08.880 --> 01:00:13.440]  i'll be back to tell you about bath salts a dangerous new drug that's made people do some
[01:00:13.440 --> 01:00:20.560]  jaw-droppingly stupid things next privacy is under attack when you give up data about yourself you'll
[01:00:20.560 --> 01:00:26.160]  never get it back again and once your privacy is gone you'll find your freedoms will start to vanish
[01:00:26.160 --> 01:00:33.440]  too so protect your rights say no to surveillance and keep your information to yourself privacy it's
[01:00:33.440 --> 01:00:39.120]  worth hanging on to this message is brought to you by startpage.com the private search engine
[01:00:39.120 --> 01:00:47.200]  alternative to google yahoo and bing start over with startpage anyone who would snort random
[01:00:47.200 --> 01:00:52.720]  chemicals from china is already pretty stupid but the new idiot drug called bath salts takes
[01:00:52.720 --> 01:00:57.440]  the stupidity to a whole new level take for example the new york guy who broke into his
[01:00:57.440 --> 01:01:02.640]  neighbor's house to put up christmas decorations in november or the man who started glugging hand
[01:01:02.640 --> 01:01:08.160]  sanitizer at a kentucky pharmacy or the west virginia man who raped a goat while wearing
[01:01:08.160 --> 01:01:12.800]  female underwear then there's the lady who attacked her disabled mom with a machete and
[01:01:12.800 --> 01:01:17.440]  let's not forget the woman whose arm had to be amputated after she injected the stuff
[01:01:18.000 --> 01:01:23.120]  uh could you pass the pepper i've lost my appetite for salt i'm dr catherine albrecht
[01:01:23.120 --> 01:01:35.840]  for startpage.com the world's most private search engine should you be forced to get a facebook
[01:01:35.840 --> 01:01:41.040]  account one german publication says yes saying that people who don't use the social network
[01:01:41.040 --> 01:01:46.640]  are suspicious well i'm the very suspicious dr catherine albrecht and i'll be back with details
[01:01:46.640 --> 01:01:53.120]  in a moment privacy is under attack when you give up data about yourself you'll never get it back
[01:01:53.120 --> 01:01:59.360]  again and once your privacy is gone you'll find your freedoms will start to vanish too so protect
[01:01:59.360 --> 01:02:05.760]  your rights say no to surveillance and keep your information to yourself privacy it's worth hanging
[01:02:05.760 --> 01:02:12.160]  on to this message is brought to you by startpage.com the private search engine alternative to google
[01:02:12.160 --> 01:02:19.840]  yahoo and bing start over with startpage the whole world was stunned when american employers
[01:02:19.840 --> 01:02:25.200]  started demanding facebook passwords from job seekers it was an outrageous privacy violation
[01:02:25.200 --> 01:02:30.240]  that angered a lot of people and even prompted legislation but one german publication der
[01:02:30.240 --> 01:02:36.400]  toggish beagle has a different take in an article titled no facebook no job offer it claims that not
[01:02:36.400 --> 01:02:40.960]  only were those u.s employers right but anyone who's not on facebook should be considered a
[01:02:40.960 --> 01:02:46.000]  suspicious citizen they even hinted that not posting your most intimate details for the world
[01:02:46.000 --> 01:02:51.920]  to see might mean you're a mass murderer you think germany of all places would know mass murderers
[01:02:51.920 --> 01:02:57.760]  better than that i'll facebook anyone i'm dr catherine albrecht for startpage.com the world's
[01:02:57.760 --> 01:03:02.240]  most private search engine
[01:03:02.240 --> 01:03:10.000]  so
[01:03:23.040 --> 01:03:30.480]  all right folks we are back this is rule of law radio okay call in number five one two six four
[01:03:30.480 --> 01:03:36.000]  six nineteen eighty four we got about an hour left in the show let's talk to john in texas
[01:03:36.000 --> 01:03:37.200]  john what can we do for you
[01:03:40.560 --> 01:03:40.880]  john
[01:03:43.520 --> 01:03:43.920]  john
[01:03:48.320 --> 01:03:52.720]  okay one last try for john we hear you in the background we don't hear you in the phone
[01:03:52.720 --> 01:04:03.040]  all right we'll get john hello hello still here uh yeah you're still here okay
[01:04:04.880 --> 01:04:10.880]  what can we do for you oh am i on the air now yeah you are oh i hear the lady on the radio
[01:04:10.880 --> 01:04:16.400]  so i didn't uh question on the um on the 14th amendment if you want to go there and i think
[01:04:16.400 --> 01:04:23.840]  it might apply to your area those first 28 words all persons born or naturalized in the united
[01:04:23.840 --> 01:04:29.760]  states and subject to the jurisdiction thereof are citizens of the united states and of the
[01:04:29.760 --> 01:04:35.600]  state warren they reside hamlet says words words words and how they affect our lives
[01:04:36.320 --> 01:04:41.760]  i'm told that this just solves the farm that when we're asked those questions we it's our
[01:04:41.760 --> 01:04:47.760]  perspective and we receive it in a geographical frame of mind but that actually refers to a legal
[01:04:47.760 --> 01:04:54.560]  framework uh when that was uh passed by the supreme court the the chief justice uh he gave
[01:04:54.560 --> 01:04:58.800]  a stinging dissent one of those oh they're always stinging aren't they but he said this is you're
[01:04:58.800 --> 01:05:04.160]  gonna give the united states the exact prison system of great britain and that has britain
[01:05:04.160 --> 01:05:10.720]  had that higher form of slavery so now do we do you have an opinion on that uh well are you
[01:05:10.720 --> 01:05:14.320]  talking about the opinion of the justice in general you're talking about on the 14th amendment
[01:05:14.320 --> 01:05:23.920]  in general both words words words okay well there there is a possible thing that i've never heard
[01:05:23.920 --> 01:05:31.440]  discussed but i've often wondered about for myself and it comes in relation to the time frame in
[01:05:31.440 --> 01:05:37.600]  which the amendment was created and passed let's consider the fact that what was going on at the
[01:05:37.600 --> 01:05:45.120]  time the 14th amendment was enacted okay okay we were in the middle of a war involving slavery
[01:05:45.120 --> 01:05:52.560]  correct correct the federal government was funding and running the union army for the purpose of
[01:05:52.560 --> 01:06:01.120]  subjugating the southern states to the northern control to get rid of slavery so each of the
[01:06:01.120 --> 01:06:07.040]  southern states defeated in the war became for that moment in time at least a federal possession
[01:06:07.040 --> 01:06:14.640]  or territory as a conquered state okay all right in which case as a possession or territory of the
[01:06:14.640 --> 01:06:21.280]  united states it is in fact a part of the united states no longer one of the union of several
[01:06:21.280 --> 01:06:30.720]  states or even the united states of america but of the de facto united states now any person born
[01:06:30.720 --> 01:06:38.080]  or naturalized in any one of those defeated states or ones in possession and control of the union
[01:06:38.080 --> 01:06:44.720]  army of the united states which would be the northern states as well now the federal government
[01:06:44.720 --> 01:06:52.320]  has created a whole set of citizens out of the freed slaves that are born and naturalized in what
[01:06:52.320 --> 01:06:58.880]  is now the united states and are subject to the jurisdiction thereof military or otherwise
[01:06:58.880 --> 01:07:06.240]  and becoming slaves of a new kind because of it correct oh that's wonderful now that is one theory
[01:07:06.240 --> 01:07:11.920]  i've never heard anybody discuss as to how we wound up with that united states language in
[01:07:11.920 --> 01:07:19.840]  that 14th amendment but it's a very high probability that knowing the semantics of the
[01:07:19.840 --> 01:07:26.640]  language the way they did at that time that those that created that amendment knew exactly why it
[01:07:26.640 --> 01:07:34.160]  was worded that way and why the chief justice said no to it exactly yeah do you wonder how many words
[01:07:34.800 --> 01:07:40.240]  your show talks about what you say what you don't say and i keep going back to hamlet i someone
[01:07:40.240 --> 01:07:46.000]  quoted marks the other day and said that the word is the skin of an idea an idea and that is we can
[01:07:46.000 --> 01:07:50.480]  never therefore speak the truth we don't really know what we're speaking about exactly the human
[01:07:50.480 --> 01:07:58.880]  language especially the english language among many others is completely inadequate to expressing
[01:07:58.880 --> 01:08:03.360]  pure truth and thought and we are doomed sir we are doomed here
[01:08:06.240 --> 01:08:11.680]  well i wanted your opinion and you gave it uh one short one you had an earlier caller and he was
[01:08:11.680 --> 01:08:16.640]  discussing canadian law my understanding is in canada that it is up to the accused to
[01:08:16.640 --> 01:08:21.520]  kind of deal with the da before going to court and if you actually wind up in court you were
[01:08:21.520 --> 01:08:25.840]  deemed a belligerent in other words you come in with a black mark just walking in the door is
[01:08:25.840 --> 01:08:31.040]  that true uh well not being completely familiar with canadian law i do not know if that's true
[01:08:31.040 --> 01:08:36.480]  or not however i do know the american courts have said that the only people that have any rights
[01:08:36.480 --> 01:08:42.160]  whatsoever in american court of law is a belligerent claimant so being declared a belligerent
[01:08:42.160 --> 01:08:49.920]  may not be a strike against you as it sounds like it might be a quick comment on the name
[01:08:49.920 --> 01:08:55.040]  first and last being put in capital letters is this part of admiralty or maritime you want to
[01:08:55.040 --> 01:09:03.200]  comment on that uh i believe that that goes more to a capacity as far as a position from which one
[01:09:03.200 --> 01:09:10.080]  acts for instance a police officer is an official title usually capitalized when it's used as such
[01:09:10.080 --> 01:09:18.320]  in all caps letters but that is a public capacity that capacity requires a living breathing human
[01:09:18.320 --> 01:09:26.240]  being to make it a working capacity otherwise it exists in name only so my idea there is is
[01:09:26.240 --> 01:09:33.760]  that those capacities only serve a purpose when someone is filling them such as a driver for
[01:09:33.760 --> 01:09:42.640]  instance a driver is a commercially declared capacity of transportation an operator is a
[01:09:42.640 --> 01:09:50.400]  commercially declared capacity of someone that's engaging in transportation so degrees would you
[01:09:50.400 --> 01:09:56.720]  have to have to actually know all of this stuff would it take six or seven phds or what uh well
[01:09:56.720 --> 01:10:02.640]  the only team you know to do this i well i don't think you have to have a phd i think you just have
[01:10:02.640 --> 01:10:08.880]  to have a way of uh thinking in the abstract how can we take the obvious and make it something less
[01:10:08.880 --> 01:10:16.160]  obvious and still make it similar enough to be applicable yeah i go back to ham but words words
[01:10:16.160 --> 01:10:20.160]  words after a while you just want to tune out because they're just kind of jerking around somehow
[01:10:20.160 --> 01:10:24.400]  yeah well that part's true enough that's why you have to learn to pick out the words that matter
[01:10:24.400 --> 01:10:30.880]  and reject the ones that don't yeah oh wow yeah uh that legal fiction again someone once said that
[01:10:30.880 --> 01:10:36.080]  the proper response was to ask these questions are you a citizen do you reside to say that i'm
[01:10:36.080 --> 01:10:43.120]  a non-resident alien individual and that i appear before the court in special appearance to state
[01:10:43.120 --> 01:10:49.920]  the facts before the court actually in america we are known as foreign nationals that is our
[01:10:49.920 --> 01:10:56.400]  official nomenclature in american law as citizens of the several states we are foreign nationals
[01:10:56.400 --> 01:11:01.680]  so if i ask that question am i a citizen i would say i'm a foreign national of the united states
[01:11:01.680 --> 01:11:08.240]  no i am a foreign national of the uh republic of whatever state you're in
[01:11:08.240 --> 01:11:15.680]  oh okay without any reference to the big that's correct oh boy all the states are still
[01:11:15.680 --> 01:11:22.320]  individuals sought well all of the republics are still individual and sovereign the states are not
[01:11:22.320 --> 01:11:26.800]  but the republics are that's the difference between the de facto and the du jour
[01:11:28.640 --> 01:11:34.160]  okay well thank you it's been interesting i didn't mean to put you into left field on these
[01:11:34.160 --> 01:11:38.800]  questions uh those are not a problem at least it's territory i've been over before been a whole lot
[01:11:38.800 --> 01:11:44.320]  different if you're asking me what color the sun was on mars i don't know uh blue i believe i've
[01:11:44.320 --> 01:11:49.440]  never seen it through a martian atmosphere so i don't know uh you think this law if we ever go
[01:11:49.440 --> 01:11:55.920]  into space is going to follow us um well with any luck whoever gets shot into space will want
[01:11:55.920 --> 01:12:00.640]  to go to get away from what we have so they can set it up the correct way well i'm thinking of
[01:12:00.640 --> 01:12:05.200]  that martian rover on mars and if an officer should happen to stop it and start to give it
[01:12:05.200 --> 01:12:09.920]  a ticket you know what would be the conversation there but that's beside the point but it's uh
[01:12:10.880 --> 01:12:14.400]  anyway thank you eddie i enjoyed that well thank you john appreciate you calling in
[01:12:14.400 --> 01:12:19.600]  all right now we're going to go to andrew in texas andrew what can we do for you
[01:12:20.480 --> 01:12:28.400]  uh yes uh i i uh live in austin texas and i operate a pedicab and i recently was given a
[01:12:28.400 --> 01:12:33.920]  ticket for operating on the sidewalk but i wasn't even operating on the sidewalk my
[01:12:34.800 --> 01:12:40.080]  the front tire of my pedicab touched the ramp going up to the sidewalk and they gave me
[01:12:40.080 --> 01:12:49.520]  that violation i'm just kind of like flabbergasted a bit uh why they want money you have it what's
[01:12:49.520 --> 01:12:59.440]  to figure out uh okay i just was uh i was just okay however here here's the deal the problem
[01:12:59.440 --> 01:13:05.280]  they have with this charge is unless your this charge exists in relation to the new ordinances
[01:13:05.280 --> 01:13:11.920]  they created specifically for pedicabs uh which i'm just so upset with austin electric cab for
[01:13:11.920 --> 01:13:17.760]  going after them to try to do uh because the last thing in the world you guys needed was more
[01:13:17.760 --> 01:13:24.400]  ordinances trying to tell you what you can and cannot do but at the same time what section
[01:13:25.200 --> 01:13:31.280]  of what ordinance are they attempting to charge you with uh it's
[01:13:31.280 --> 01:13:39.680]  it's not clearly defined in the in the uh in the pedicab ordinance uh all of the different
[01:13:39.680 --> 01:13:50.720]  infractions okay what what title are the pedicab ordinances in uh i i don't recall right off hand
[01:13:50.720 --> 01:13:58.480]  okay you need to find out if they are in title 12 then you're out is very simple title 12 applies
[01:13:58.480 --> 01:14:05.360]  only to government owned and operated vehicles of any kind does not apply to anything else and
[01:14:05.360 --> 01:14:12.720]  title 12 is all about traffic regulations so the question we need to ask is does this citation
[01:14:12.720 --> 01:14:19.360]  against a pedicab constitute a traffic regulation if it does then that's probably where it is and
[01:14:19.360 --> 01:14:26.560]  it's inapplicable to you to begin with because if you go on the ticket it says gt uh and mv
[01:14:26.560 --> 01:14:33.520]  uh and mv non-motorized vehicle operate on the sidewalk and then it gives a volume code
[01:14:33.520 --> 01:14:38.960]  or a violation code okay uh well you need to find out where that violation exists in the
[01:14:38.960 --> 01:14:44.480]  city ordinances so you'll know what you're looking at okay okay once you find that uh
[01:14:44.480 --> 01:14:49.280]  feel free to email me a copy of it feel free to call back into the show with it or feel free to
[01:14:49.280 --> 01:14:55.360]  bring it to the class on sundays all right will do okay all right thank you so much you're welcome
[01:14:55.360 --> 01:15:02.320]  all right bye bye bye all right now we're going to go to dan in texas let's see here
[01:15:02.320 --> 01:15:11.200]  dan what can we do for you howdy dan what ready yeah um i just found in i i had a question first
[01:15:11.200 --> 01:15:17.520]  of all on uh speedy trial provisions i've got a ticket that by the time it goes to trial they've
[01:15:17.520 --> 01:15:22.800]  got it said it's almost a year after the ticket was issued okay i know i've heard you talk before
[01:15:22.800 --> 01:15:28.640]  about that that there's a time limit where you can file a motion per to dismiss for one of speedy
[01:15:28.640 --> 01:15:34.000]  trial yeah i've got case law that says if they go past five months on a class c fine only without
[01:15:34.000 --> 01:15:39.280]  prosecuting after the complaint's been made then it's not only failure to prosecute it's failure
[01:15:39.280 --> 01:15:44.640]  to provide a speedy trial uh so okay first question is is have they filed the complaint
[01:15:45.280 --> 01:15:51.440]  yeah they did finally they actually the the judge entered a plea of not guilty for me okay before
[01:15:51.440 --> 01:15:57.600]  okay before or after the complaint was signed before the complaint was filed and then had one
[01:15:57.600 --> 01:16:02.480]  of his clerks throughout the complaint in front of another clerk yeah so that's two objections
[01:16:02.480 --> 01:16:06.960]  to due process right there yeah the judge well it's pretty common you see that all the time oh
[01:16:06.960 --> 01:16:10.960]  yeah austin court awesome municipal court yeah they're always doing it without the complaint
[01:16:10.960 --> 01:16:16.000]  they're acting completely without jurisdiction but the problem is is if you enter a plea you
[01:16:16.000 --> 01:16:21.200]  waive the objection to that no i haven't entered any play i never play i haven't even requested
[01:16:21.200 --> 01:16:32.160]  jury trial they said it themselves um and um um anyway uh you you've got case law that says over
[01:16:32.160 --> 01:16:37.600]  five months out i've got i've read cases i i have the case law i just don't know if i can find it
[01:16:37.600 --> 01:16:43.600]  right off the top of my head but yeah i've read case law that says that as long as five months
[01:16:43.600 --> 01:16:50.160]  on a class c misdemeanor taken too long that's not providing a speedy trial but now that's after the
[01:16:50.160 --> 01:16:54.800]  complaint's been created hang on dan we're about to go to break all right folks call in number
[01:16:54.800 --> 01:17:03.600]  512-646-1984 we'll be right back at capital coin and bullion our mission is to be your preferred
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[01:17:48.880 --> 01:17:54.640]  open monday through friday 10 to 6 saturday's 10 to 2 visit us at capital coin and bullion.com
[01:17:54.640 --> 01:17:57.520]  or call 512-646-6440
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[01:19:19.360 --> 01:19:26.160]  all right folks this is rule of law radio calling number 512-646-1984 we do have a
[01:19:26.160 --> 01:19:31.360]  full call board up right now now folks there is one other thing i need to get on to before
[01:19:31.360 --> 01:19:37.280]  we go any further with the callers and that is the fundraiser we need for here at rule of law radio
[01:19:37.280 --> 01:19:42.480]  if you go to the home page of rule of law radio.com you will see two funds there that we
[01:19:42.480 --> 01:19:48.880]  need people to continue to donate to please okay we really really need your support on this network
[01:19:48.880 --> 01:19:53.120]  we really really need your support for the legal fund on my case going through the courts
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[01:20:06.400 --> 01:20:11.600]  please click the chip in button on the legal fund help us keep the money we need going so that we
[01:20:11.600 --> 01:20:17.840]  can get this stuff done so it benefits everybody without the radio network we're not here to give
[01:20:17.840 --> 01:20:23.200]  you this information without the money to keep this lawsuit alive we're not going to be able to
[01:20:23.200 --> 01:20:27.680]  set the precedent we need to get the state off our back about the use of our private property
[01:20:28.880 --> 01:20:36.800]  these are important please don't let us go out like a candle in the wind because we couldn't get
[01:20:36.800 --> 01:20:43.360]  the financial support we needed please help us to help you by keeping us around please give us your
[01:20:43.360 --> 01:20:49.040]  financial support all right folks that being said we're going to get back to dan dan what can we
[01:20:49.040 --> 01:20:55.680]  finish up on you here with this speedy trial the case law i've got uh i don't know if i can find it
[01:20:55.680 --> 01:21:00.560]  but i'll look but dealing with speedy trial they've shown if the complaint's been filed but it hadn't
[01:21:00.560 --> 01:21:07.200]  been touched no one's done anything five months is too long uh but three months is not long enough
[01:21:07.200 --> 01:21:12.720]  so again every opinion is going to be different depending upon what judge is sitting there and
[01:21:12.720 --> 01:21:18.640]  what kind of bunch their panties are in on a given day so eddie um i know you got a full
[01:21:18.640 --> 01:21:22.800]  cardboard can i tell you something else very quickly sure have you ever heard of a town
[01:21:22.800 --> 01:21:28.080]  called bertram yes okay bertram's on your way out to burn it out williamson county you know
[01:21:28.080 --> 01:21:33.440]  but it's in burnett county as you're heading out west right okay well i found out that the judge
[01:21:33.440 --> 01:21:40.080]  that presides there is actually a jp presides there part-time and she told me that she actually
[01:21:40.080 --> 01:21:45.840]  presides over two or three municipal courts in burnett county and she's a sitting jp right yeah
[01:21:45.840 --> 01:21:52.560]  and then the county attorney comes in part-time as a moonlighting job and acts as not as the county
[01:21:52.560 --> 01:21:57.600]  attorney municipal court but acts as municipal court prosecutor okay and she told me she's
[01:21:57.600 --> 01:22:04.560]  municipal court prosecutor for two or three towns of burnett county yeah all of which is a problem
[01:22:04.560 --> 01:22:10.800]  problem uh yeah but it's supposed to be in the texas constitution say you can have more than one
[01:22:10.800 --> 01:22:16.080]  civil office of emolument well the question is are they getting paid if they're getting paid in
[01:22:16.080 --> 01:22:21.520]  the same capacity which should be county attorney for the prosecutor then it's not multiple offices
[01:22:21.520 --> 01:22:26.480]  of public emolument they're they're actually serving in multiple capacities and technically
[01:22:26.480 --> 01:22:31.600]  the county attorney is the only one that can prosecute state law in the justice and municipal
[01:22:31.600 --> 01:22:36.640]  courts the city attorney can't do it she is she is not prosecuting as county attorney because her
[01:22:36.640 --> 01:22:41.840]  boss said she's not operating under color of the county attorney's office when she goes in municipal
[01:22:41.840 --> 01:22:46.640]  court she's municipal court prosecutor she has a contract with the city she's okay the county
[01:22:46.640 --> 01:22:53.280]  attorney cannot act as a city attorney that they cannot do they had a hearing the other day and
[01:22:53.280 --> 01:22:58.160]  she was tied up with the dwi and county court of law so they made everybody wait about an hour or
[01:22:58.160 --> 01:23:04.880]  two until this woman showed up well now she can go to the county court at law she was in county
[01:23:04.880 --> 01:23:10.080]  court of law and she was busy so everybody was at docket call in the morning and they had to wait
[01:23:10.080 --> 01:23:15.520]  okay where was she busy i guess is my question then she was busy in county court of law acting
[01:23:15.520 --> 01:23:19.600]  as a county attorney and then she took that hat off and jumped in her car and drove over
[01:23:19.600 --> 01:23:24.400]  to birch municipal court put on the birch municipal prosecutor hat okay i'd be objecting
[01:23:24.400 --> 01:23:32.000]  to that in spades yeah yeah i did uh there there is no way that woman can act on behalf of the
[01:23:32.000 --> 01:23:37.920]  municipality that's completely inappropriate cannot do that she she said that she acts as
[01:23:37.920 --> 01:23:43.360]  municipal prosecutor for three or four cities out in that in that county and the judge who's also a
[01:23:43.360 --> 01:23:50.000]  jp acts as municipal judge for three or four cities in burnett county okay that's a problem
[01:23:50.000 --> 01:23:54.720]  i can't there's no authority for that in law that i'm aware of yeah i don't think so either
[01:23:54.720 --> 01:23:59.600]  but they try to claim it's all legal well i'd be making them produce what law they're relying on
[01:23:59.600 --> 01:24:04.880]  to say that's legal yeah eddie i know you got a full cardboard there was one other thing but i'll
[01:24:04.880 --> 01:24:09.760]  bring it up another day if you'd like uh well what is it dan what you got well i was actually
[01:24:09.760 --> 01:24:15.360]  arrested by city of round rock okay for fair to id right and what happened was i asked these cops
[01:24:15.360 --> 01:24:19.520]  five or six or seven times i'm under arrest and they said no you're being detained and i even
[01:24:19.520 --> 01:24:27.280]  told them if you're being detained you don't have to id in texas okay that's correct in a detention
[01:24:27.280 --> 01:24:32.000]  the only thing you cannot do in a detention is give them false information but there is no
[01:24:32.000 --> 01:24:36.320]  requirement to give them the information i didn't give them false information i just told them i
[01:24:36.320 --> 01:24:41.600]  don't have to id if i'm detained only if i'm arrested do it am i required to id but they lost
[01:24:41.600 --> 01:24:46.080]  their patience and went ahead threw me in jail overnight right anyway i was fighting that one
[01:24:46.080 --> 01:24:52.000]  in court and i filed a bunch of stuff but anyway what happened was their city attorney who has
[01:24:52.000 --> 01:24:58.480]  no oath whatsoever is not an employee or an officer according to the city she's a contract
[01:24:58.480 --> 01:25:03.120]  employee working for the law firm that supplies legal services for the city of round rock right
[01:25:03.120 --> 01:25:07.920]  their city prosecutor doesn't have any oath and isn't even it isn't even an employer an officer
[01:25:07.920 --> 01:25:13.200]  according to the city well anyway she filed a motion to dismiss saying that the court lacked
[01:25:13.200 --> 01:25:17.760]  jurisdiction because the offense was committed outside of the city limits around rock
[01:25:20.240 --> 01:25:24.640]  yeah she didn't want to get her hands dirty with it which would tell me the officer was didn't have
[01:25:24.640 --> 01:25:28.640]  any authority to arrest outside the city limits around around rock but eddie it was within the
[01:25:28.640 --> 01:25:35.680]  city limits around rock that was completely false statement the arrest was anyway okay well so i
[01:25:35.680 --> 01:25:39.600]  thought it was kind of i thought it was a result of some stuff that i filed that i won't go into
[01:25:39.600 --> 01:25:43.600]  on the air maybe i could talk to you sometime it had to do with the federal oath issue that
[01:25:43.600 --> 01:25:48.560]  i'm very interested in yeah okay but also i think i would have a suit against the city if
[01:25:48.560 --> 01:25:52.560]  i wanted to pursue it for false arrest false imprisonment absolutely doesn't have any
[01:25:52.560 --> 01:25:58.240]  jurisdiction neither do their officers absolutely but anyway i enjoy your program eddie all right
[01:25:58.240 --> 01:26:04.400]  thanks for calling in dan you take care you too all right now we're going to go to a first-time
[01:26:04.400 --> 01:26:12.080]  caller that would be well as soon as my caller page stops acting all screwed up here all right
[01:26:12.080 --> 01:26:19.120]  we're going to go to tamara who is a first-time caller tamara what can we do for you hi um i was
[01:26:19.120 --> 01:26:25.920]  calling because i was pulled over on yesterday and i heard uh one of your radio shows um
[01:26:25.920 --> 01:26:31.120]  i was talking about when you're pulled over and the script and what to say and um my tags are
[01:26:31.120 --> 01:26:37.520]  expired and i just i haven't had plenty um to get it taken care of on the single mom and i'm
[01:26:37.520 --> 01:26:42.960]  trying to you know i missed the mark i missed the date but i hope to get it anyway moving forward
[01:26:42.960 --> 01:26:48.560]  i they gave me a ticket and the first police officer that was there he pulled me over to the
[01:26:48.560 --> 01:26:53.520]  side of the road he made me like turn like on a like a road that's going down like where houses
[01:26:53.520 --> 01:27:00.800]  are and he asked for my license and uh my insurance and i called one of my brothers at my church
[01:27:00.800 --> 01:27:05.520]  because i remember he told me about the radio show and he kind of knew what to say so i called him
[01:27:05.520 --> 01:27:10.400]  and i just said well what should i say i'm being pulled over i didn't expect for this to happen
[01:27:10.400 --> 01:27:18.240]  but it did and um i was just telling him what you said i don't even remember exactly what it is but
[01:27:18.240 --> 01:27:23.440]  i was just telling him that you know i use these roads for traveling purposes and um and this is
[01:27:23.440 --> 01:27:28.960]  not a commercial vehicle i just i'm just traveling so why do you need my information and anyway so he
[01:27:28.960 --> 01:27:34.560]  called backup backup came and i was on the phone with my brother and he went reached around my neck
[01:27:34.560 --> 01:27:39.440]  as my two children are in the back seat and grabbed the phone out of my hand and hung up the phone
[01:27:40.160 --> 01:27:45.200]  okay he reached into your car he reached into my car and he snatched the phone out of my
[01:27:45.200 --> 01:27:50.720]  off of my hand while i was in my ear did he did he touch you in any way when he reached for that phone
[01:27:51.360 --> 01:27:57.600]  oh yes okay now you have simple assault against the police officer and since he was a public
[01:27:57.600 --> 01:28:02.400]  servant displaying a deadly weapon you have aggravated assault against this police officer
[01:28:03.200 --> 01:28:10.320]  okay that's a first degree felony that's 20 to life oh wow okay and it gets a little worse than
[01:28:10.320 --> 01:28:15.360]  that so he did that and i i my son in the back seat he just started screaming he was like please
[01:28:15.360 --> 01:28:19.920]  don't kill my mom don't kill my mom because he opened the door and he had his hand on his gun
[01:28:19.920 --> 01:28:25.360]  and i said please don't tase me i have a heart condition do not tase me or i will die do not
[01:28:25.360 --> 01:28:30.480]  tase me and i was trying to calm my son down and he was like get out of the car i need to speak
[01:28:30.480 --> 01:28:35.680]  with you uh back by the police car and i said why do i have to get out of my car i said and then the
[01:28:35.680 --> 01:28:40.640]  first police officer said he was just going to give me a ticket a citation for expired tax but
[01:28:40.640 --> 01:28:47.200]  when the other guy pulled up he just wanted to i guess um yeah he had his Rambo Java that day
[01:28:47.920 --> 01:28:53.520]  yes he did and uh it was just horrible because my children were just crying they didn't know what to
[01:28:53.520 --> 01:28:57.600]  do they just they're terrified and they shouldn't be of a police officer because they're supposed
[01:28:57.600 --> 01:29:02.960]  to serve and protect not bully and intimidate well that was you need to teach your children
[01:29:02.960 --> 01:29:09.520]  that was a considerably long time ago when that was true okay okay that is no longer
[01:29:10.560 --> 01:29:18.560]  to be trusted as a fact okay okay i will definitely share that with them uh but so when he
[01:29:18.560 --> 01:29:22.960]  came i stood up and i was like why do i have to leave i'm trying to calm my son down he's like
[01:29:22.960 --> 01:29:28.080]  mom please just go with him i don't want you to go to jail and he then i had my purse my arm he
[01:29:28.080 --> 01:29:33.920]  snatched the purse off my arm and he grabbed my arms as if behind my back as if he's going to
[01:29:33.920 --> 01:29:41.040]  hand touch me okay well hang on just a second tamara we'll pick this up on the other side okay
[01:29:41.040 --> 01:29:47.280]  okay all right this is rule of law radio folks we got oh i'd say about a half an hour left hopefully
[01:29:47.280 --> 01:29:52.080]  i can get through the remainder of our callers by then Julius, Jason, Doug, James i see you there
[01:29:52.080 --> 01:29:55.600]  hang on tight fellas i'll try to get you all before we get off the air
[01:29:55.600 --> 01:29:57.440]  okay we'll be right back after this break
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[01:32:29.440 --> 01:32:44.080]  all right folks we are back this is rule of law radio call in number i'm not gonna give that out
[01:32:44.080 --> 01:32:50.000]  my caller board is so full right now all right we're gonna finish up with tamara tamara let's
[01:32:50.000 --> 01:32:57.280]  get this finished up okay um so long story short he put his put my hands behind my bag pushed me
[01:32:57.280 --> 01:33:02.480]  up against the police cruiser my kids are now out of the car screaming the first police officer
[01:33:02.480 --> 01:33:06.880]  really uh i've been i thought i'm thinking he didn't expect for it to go that far when the
[01:33:06.880 --> 01:33:10.800]  second cop came he was really trying to calm the kids down but all in all i was upset because i'm
[01:33:10.800 --> 01:33:15.360]  like i need to get to my children um they think you're going to hurt me and they keep saying don't
[01:33:15.360 --> 01:33:20.400]  hurt my mom and so he wouldn't allow me to get my purse he wouldn't allow me to get my phone
[01:33:21.200 --> 01:33:24.560]  i'm just like what are you going to do and he and he said well i'm going to put you in the back of
[01:33:24.560 --> 01:33:28.400]  the police cruiser because you won't listen to me and i'm listening to him but i'm like what are
[01:33:28.400 --> 01:33:32.160]  what are you detaining me he's like you're detained and i'm like what for and he was like
[01:33:32.160 --> 01:33:35.840]  because you're a disobeying police officer and i said what gives you that authority to tell me what
[01:33:35.840 --> 01:33:41.680]  to do and they both showed their badges like these badges here and so he put me in the back of the
[01:33:41.680 --> 01:33:46.640]  police car and i didn't put my feet inside us i'm not putting my feet inside of here i mean he
[01:33:46.640 --> 01:33:52.480]  grabbed me too many times putting my hands behind my back as if he's going to arrest me anytime i
[01:33:52.480 --> 01:33:58.400]  asked him a question or uh i guess stood up to his authority and i sat in the back and i had my
[01:33:58.400 --> 01:34:02.480]  feet out so i'm not closing this door my children are standing there screaming for me if you're not
[01:34:02.480 --> 01:34:06.640]  taking me to jail i'm not closing the door i'm not moving my feet and he said well if you don't if
[01:34:06.640 --> 01:34:10.480]  you don't put your feet in the car i'm going to arrest you and i said you're going to arrest me
[01:34:10.480 --> 01:34:14.640]  on what grounds what law is that what law am i breaking and he said well if you don't put your
[01:34:14.640 --> 01:34:19.920]  feet in the back of the car i am going to uh give you a citation for disobeying an officer i said
[01:34:19.920 --> 01:34:23.840]  well give me a citation i'm not putting my feet back here so you can drive me off somewhere and
[01:34:23.840 --> 01:34:32.320]  kill me and um he pushed my legs into the car and slammed the door okay so he put his hands on me so
[01:34:32.320 --> 01:34:39.600]  many times and all they did was they gave me a ticket for the unregistered the inspired tags and
[01:34:40.240 --> 01:34:46.160]  just being a police officer so i'm really just calling what should i do they told me to call the
[01:34:46.160 --> 01:34:51.200]  um internal affairs so i'm just really trying to figure out what should i do from here well
[01:34:51.200 --> 01:34:55.280]  the first thing you want to do is get your hands on all audio and video from that cruiser and the
[01:34:55.280 --> 01:35:00.720]  body mics of the officers how many cars were present two okay you want to know what both
[01:35:00.720 --> 01:35:05.840]  of those were you want to know all the officers and you want all audio and video from those
[01:35:05.840 --> 01:35:12.480]  cruisers and the body mics and cameras if any of those officers they will have a body microphone
[01:35:12.480 --> 01:35:18.400]  for sure because that's transmitted into the car wirelessly they may or may not have cameras on
[01:35:18.400 --> 01:35:24.800]  their body but there will there almost definitely be one in the cruiser okay and since you don't
[01:35:24.800 --> 01:35:30.320]  know which one was at what angle to catch what you want every car that was on the scene with a camera
[01:35:30.320 --> 01:35:34.560]  okay and how do i go about getting you file a public information request if you will send me
[01:35:34.560 --> 01:35:40.320]  an email at eddie at rule of law radio.com i will send you a template for a public information
[01:35:40.320 --> 01:35:45.520]  request all you have to do is adapt it to request all of the audio video in relation to that
[01:35:46.640 --> 01:35:52.560]  make sure you send me a scanned copy front back and everything of the citation as well
[01:35:52.560 --> 01:35:58.000]  and all other paperwork that was with it now this is very important if the citation was given to you
[01:35:58.000 --> 01:36:07.600]  as a multi-part form do not tear that form apart if it is joined on both ends only separate it on
[01:36:07.600 --> 01:36:17.840]  one end but not both okay all right and scan every page that's in it okay okay and send it to you and
[01:36:17.840 --> 01:36:23.840]  send it to me with that email request for the public information request template okay public
[01:36:23.840 --> 01:36:31.920]  okay that will be where we start okay so i just i need to do that just tomorrow first thing tomorrow
[01:36:31.920 --> 01:36:36.640]  yeah as soon as you can and uh on top of that did you produce a driver's license or anything
[01:36:36.640 --> 01:36:41.680]  else with these gentlemen um he smashed it out of my hand i had it in my hand as i'm talking to my
[01:36:41.680 --> 01:36:47.040]  brother and he's telling me if you show them that then you tell them i am giving i am showing you
[01:36:47.040 --> 01:36:54.960]  this for identification purposes only not admitting to anything or um i don't know what else whatever
[01:36:54.960 --> 01:36:59.120]  he told me and he took the he took the license from me that should be on the dash cam because
[01:36:59.120 --> 01:37:03.440]  i had it in my hand and he just took it from me and he put it in something before or after you
[01:37:03.440 --> 01:37:10.240]  were able to inform him of that um after okay yeah after so all of that should be recorded because
[01:37:10.240 --> 01:37:14.960]  i made sure i held it in my hand and i was just looking at him like i'm not going to give you this
[01:37:14.960 --> 01:37:21.040]  and then when he told me what to say he took it yeah okay after that so all right well that'll
[01:37:21.040 --> 01:37:25.840]  that'll be a good start so let's get that part done and then i'll see what i can do from there
[01:37:25.840 --> 01:37:31.040]  okay thank you so much god bless you thank you god bless you too and that's a good way to stand
[01:37:31.040 --> 01:37:35.360]  up for yourself just be careful with the kids in the car knee you need to have somebody like your
[01:37:35.360 --> 01:37:40.880]  brother on call for those situations okay so make sure that everybody in your family that's going to
[01:37:40.880 --> 01:37:45.440]  proceed to protect their rights is aware that they need to be there for each other including
[01:37:45.440 --> 01:37:51.520]  bail money and everything like that okay okay and what is the email again or will i get eddie
[01:37:51.520 --> 01:38:02.960]  eddie at rule of law radio.com okay okay sure we'll email you immediately thank you so much
[01:38:02.960 --> 01:38:09.600]  yes ma'am you have a good evening okay you too all right bye-bye okay bye-bye all right and now
[01:38:09.600 --> 01:38:14.800]  we have one other first time caller that would be james i believe james what can we do for you
[01:38:14.800 --> 01:38:27.600]  um yes sir i haven't noticed a suspension okay notice a suspension of what i paid off some tickets
[01:38:27.600 --> 01:38:34.960]  and they're gonna um so i received the ticket while my license was suspended i paid off the
[01:38:34.960 --> 01:38:40.160]  ticket and i guess that was just an automatic automatic uh assumption of guilt or whatever
[01:38:40.160 --> 01:38:49.920]  if you paid them yes yeah so now i have a hearing who uh i guess they're i have to request a hearing
[01:38:49.920 --> 01:38:57.440]  or pay 100 bucks and uh i want to know what kind of things i need to do to prepare for the hearing
[01:38:58.080 --> 01:39:02.320]  well what hearing are you going to if you're going to a hearing on a licensing issue before
[01:39:02.320 --> 01:39:07.840]  the state office of administrative hearings then you need to be reading what's in chapter 2001 of
[01:39:07.840 --> 01:39:20.240]  the government code the administrative procedures act 2001 say it again please sir government code
[01:39:22.080 --> 01:39:25.600]  the administrative procedures act chapter 2001
[01:39:30.560 --> 01:39:37.280]  okay and in case you're wondering 2001 that's the number of iq points below
[01:39:37.280 --> 01:39:41.680]  sea level our current uh congress and texas legislative members all hold
[01:39:42.640 --> 01:39:49.440]  yeah below sea level yes sir and i have another notice that was generated on the same day
[01:39:50.080 --> 01:39:58.240]  as the for hearing i have to request for some msb third charge notification is this real
[01:39:58.240 --> 01:40:08.560]  is real yeah they're real responsibility program huh yep if you get that's the problem of pleading
[01:40:08.560 --> 01:40:12.160]  guilty and paying these tickets they don't tell you about the surcharge they're going to hit you
[01:40:12.160 --> 01:40:17.760]  with after the fact the surcharges are completely illegal but if you don't know that and you don't
[01:40:17.760 --> 01:40:21.920]  know to challenge them is what they are well then guess what you're gonna wind up paying them
[01:40:21.920 --> 01:40:28.000]  what kind of documentation do i need to have to fight that uh well my traffic seminar would be a
[01:40:28.000 --> 01:40:36.000]  good start yes sir i'll admit i haven't been in quite some time uh well i'll admit that i can't
[01:40:36.000 --> 01:40:43.360]  help you if you haven't been because that's where you're gonna have to learn from all right yes sir
[01:40:43.920 --> 01:40:50.240]  all right anything else then well i'm just kind of wondering about this hearing i mean other than
[01:40:50.240 --> 01:40:59.680]  reading about the government code chapter 2001 administrative what administrative procedures act
[01:41:00.320 --> 01:41:07.520]  oh okay because that's what this licensing hearing is going to be conducted as as is the
[01:41:07.520 --> 01:41:11.040]  administrative proceeding under the administrative procedures act
[01:41:11.040 --> 01:41:16.240]  thank you again you're welcome
[01:41:16.240 --> 01:41:24.640]  bye-bye all right now let's go to julius in texas julius what you got
[01:41:25.520 --> 01:41:31.200]  hey eddie thanks for you i've got an extension on my appeal for impeding traffic so it's going to
[01:41:31.200 --> 01:41:36.240]  appeal and i was wondering if you could just speak just a few moments about how you're doing
[01:41:36.240 --> 01:41:41.840]  it's going to appeal and i was wondering if you could just speak just a few moments about what
[01:41:41.840 --> 01:41:49.280]  happens during the appeal process now i've got to uh make an appeal brief and from all of what
[01:41:49.280 --> 01:41:57.120]  i'm checking out online it's it deals with table of contents issues can you give me a brief summary
[01:41:57.120 --> 01:42:02.000]  of what's in an appeal brief well the same argument you were making through the course
[01:42:02.000 --> 01:42:06.400]  of your trial and the same arguments you made in a motion for new trial is basically what's
[01:42:06.400 --> 01:42:12.000]  in an appeal brief it's all of the appealable errors that were committed at the trial level
[01:42:12.000 --> 01:42:17.520]  and all of the law that was ignored that gave you the right to claim a verdict a directed verdict or
[01:42:17.520 --> 01:42:24.080]  a dismissal at trial level it's basically a restatement of your case and all the documentation
[01:42:24.080 --> 01:42:30.080]  you filed about why the court couldn't do what it did the only difference is is that that one
[01:42:30.080 --> 01:42:36.560]  specifically is limited to a set number of pages it has to be specifically formatted it must have
[01:42:36.560 --> 01:42:43.520]  a table of contents that cites the issues it has to have tables of authorities that cite the case
[01:42:43.520 --> 01:42:51.840]  law and so on and so forth relating to your arguments now technically a pro se is not bound
[01:42:51.840 --> 01:42:59.120]  by all of that but if you want to see your case get shot down real quick don't do it no i definitely
[01:42:59.120 --> 01:43:04.720]  want to do it and i'd like to do it in the format that's proper there's no doubt about it well there
[01:43:04.720 --> 01:43:10.080]  is an appeal brief filed in my case down at the county court at law anybody that needs to see an
[01:43:10.080 --> 01:43:15.040]  example of what one looks like and get a copy of it out of the public record down there oh that'll
[01:43:15.040 --> 01:43:21.360]  be great that that'll be awesome eddie i can do that is uh i can just look up by your name or the
[01:43:21.360 --> 01:43:33.120]  case number uh yeah hang on just a second i'll probably give you the call's number okay good
[01:43:39.120 --> 01:43:42.080]  all right folks hang on we'll be right back after this break and i'll give this
[01:43:42.080 --> 01:43:45.760]  call's number to you then julius and you can go down and get a copy of that and see what
[01:43:45.760 --> 01:43:50.160]  you need to see hey doug you dropped off the line it's gonna be hard to answer your question
[01:43:50.160 --> 01:43:54.720]  if you ain't here to ask it jason i see you there y'all hang on we'll be right back after the break
[01:44:00.240 --> 01:44:06.080]  it is so enlightening to listen to 90.1 fm but finding things on the internet isn't so easy and
[01:44:06.080 --> 01:44:10.800]  neither is finding like-minded people to share it with oh well i guess you haven't heard of brave
[01:44:10.800 --> 01:44:16.320]  new books then brave new books yes brave new books has all the books and dvds you're looking
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[01:44:35.280 --> 01:44:40.800]  there actually they now offer a free hour of parking for paying customers at the 500 mlk
[01:44:40.800 --> 01:44:47.680]  parking facility just behind the bookstore it does exist but when are they open monday through
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[01:46:23.600 --> 01:46:42.640]  all right folks we are back all right julius the cause number on my case
[01:46:42.640 --> 01:46:58.160]  down at the county court of law is c-1-cr-12-100045 and that would give you a specific
[01:46:59.520 --> 01:47:04.160]  example of what that uh motion looks like or the appellate brief sorry
[01:47:04.160 --> 01:47:13.680]  okay so that's one zero zero zero four five right one triple zero four five correct got it thank you
[01:47:13.680 --> 01:47:21.360]  eddie you're welcome awesome all right all right okay talk to you later thank you thank you all
[01:47:21.360 --> 01:47:27.200]  right now we're going to go to jason jason in texas what can we do for you hey eddie uh thanks
[01:47:27.200 --> 01:47:32.960]  for taking my call uh for the previous call in case you listened to the show after the fact uh
[01:47:32.960 --> 01:47:41.040]  just a google on uh trap texas rules for appellate procedure quickly you can come up with uh the
[01:47:41.040 --> 01:47:48.960]  supreme court in texas website i'm looking at it right now rule uh 38 requisites of briefs and 38.1
[01:47:48.960 --> 01:47:54.400]  is the appellant's brief and it lists the uh the skeleton that you'll need there you know
[01:47:54.400 --> 01:47:59.520]  identify the parties and council table of contents index of authorities and it does specify that
[01:47:59.520 --> 01:48:06.080]  needs to be alphabetized and it goes on with the necessary uh you know requisites and obviously
[01:48:06.080 --> 01:48:13.680]  having a a copy of a brief um helps reinforce that in my own case that's what i did was that
[01:48:14.400 --> 01:48:18.640]  i i found this in the texas rules for appellate procedure and then i just googled a couple you
[01:48:18.640 --> 01:48:25.760]  know um uh appellate briefs in texas i came up with two they were unrelated to what i was doing
[01:48:25.760 --> 01:48:31.920]  but just seeing the skeleton there and you know some of the the verbiage and terminology uh
[01:48:31.920 --> 01:48:35.120]  because i don't know i may have heard you on this show that the judges like to see
[01:48:36.000 --> 01:48:40.800]  if you can find other briefs and you know even if the case is different you can still use some
[01:48:40.800 --> 01:48:45.440]  of the same language and the judges kind of like to like to see that so i just wanted to throw that
[01:48:45.440 --> 01:48:53.520]  in there but uh real quick my question was is there a significant difference between uh
[01:48:53.520 --> 01:48:57.840]  in dealings with the court and paperwork and forms is there a difference significant difference
[01:48:57.840 --> 01:49:03.840]  between using the united states postal service with you know registered mail and the return
[01:49:03.840 --> 01:49:08.240]  receipt where you get the little green uh postcard looking thing in the back in the mail that you
[01:49:08.240 --> 01:49:15.120]  know someone uh he did receive it is there a major difference between that versus using
[01:49:15.120 --> 01:49:22.080]  say fedex or ups where you can go online you know do the tracking the tracking number
[01:49:22.080 --> 01:49:29.040]  the tracking number see that it was delivered and as far as the services they provide no
[01:49:29.040 --> 01:49:36.720]  however be aware that the statute specifically reads united states mail right
[01:49:38.160 --> 01:49:43.200]  that would be the difference that makes a difference if there is one so it would have
[01:49:43.200 --> 01:49:47.280]  it would be up to the other party to make an issue out of that if they should happen to even notice
[01:49:47.280 --> 01:49:57.360]  that okay yeah it would be uh but that potential is there and if notice is where you're at and
[01:49:57.360 --> 01:50:01.840]  notice hasn't been properly done in the eyes of the court because they raised that issue and the
[01:50:01.840 --> 01:50:07.760]  court agrees with them then your case is stuck if you've already paid a filing fee or something like
[01:50:07.760 --> 01:50:14.240]  that for a civil suit and you gave them notice other than through the united states mail and
[01:50:14.240 --> 01:50:20.160]  they make an issue out of that that filing fee is bye-bye you will pay it again to refile and
[01:50:20.160 --> 01:50:29.200]  reserve all over so okay i reckon my point here would be if you're going if you need speed
[01:50:29.840 --> 01:50:35.360]  use fedex and then back that up with a united states mail delivery
[01:50:38.160 --> 01:50:41.760]  okay that that makes sense that's that's really all i had i just wanted to run that
[01:50:41.760 --> 01:50:45.760]  by it's kind of a question that's been in my the back of my head for a little while now because
[01:50:45.760 --> 01:50:49.920]  i always hear everyone you know when they're talking about these things whether it's you
[01:50:49.920 --> 01:50:54.400]  you or you know some of the other people in the know that i always hear you know registered
[01:50:54.400 --> 01:51:00.160]  united states postal service registered yeah well that's why i've personally not read any case law
[01:51:00.160 --> 01:51:05.840]  that uh gives an opinion as to the difference or the necessity of any of those but just so
[01:51:05.840 --> 01:51:14.480]  you folks know the statute specifically reads united states mail right all right eddie that's
[01:51:14.480 --> 01:51:18.880]  all i had and i appreciate it all right jason appreciate you calling in all right thanks all
[01:51:18.880 --> 01:51:24.480]  right folks that was our last caller on the board we did have doug but doug dropped off uh hopefully
[01:51:24.480 --> 01:51:29.600]  it wasn't because he fell asleep waiting on me uh sorry doug we did have a couple first-time callers
[01:51:29.600 --> 01:51:35.040]  we need to get to first but uh while we are waiting on someone else to call in let's go ahead
[01:51:35.040 --> 01:51:41.200]  one more time and talk about the financials we need here go to the rule of law radio.com home
[01:51:41.200 --> 01:51:49.280]  page you will see the two donate boxes there one is the money bomb fundraiser for the network to
[01:51:49.280 --> 01:51:55.360]  help keep us on the air to help keep the bills paid that are necessary to keep us on the air
[01:51:55.360 --> 01:52:02.640]  the other is the legal defense fund that's going to allow me to get this both the appeals process
[01:52:02.640 --> 01:52:08.800]  through the texas courts and the actual lawsuit through the federal courts when it comes to the
[01:52:08.800 --> 01:52:14.720]  lawsuit we have over the transportation stuff please folks we really really need your financial
[01:52:14.720 --> 01:52:20.800]  support i know times are hard i know they're tough but imagine how much tougher they would be if you
[01:52:20.800 --> 01:52:27.840]  did not have the information that we're here to give you where would that leave you because a lot
[01:52:27.840 --> 01:52:34.080]  of folks don't have the time or the effort or the desire in a lot of cases unfortunately to go and
[01:52:34.080 --> 01:52:40.480]  do the time and research necessary to learn this on their own so we have facilitated that process
[01:52:40.480 --> 01:52:46.000]  and ability for you we've condensed it we've distilled it and we offer it up to you three
[01:52:46.000 --> 01:52:54.080]  nights a week so that you don't have to spend hours upon hours dedicated to figuring it out
[01:52:54.080 --> 01:53:02.160]  and finding it so please please treat us like we've got value give us a reason to be here give
[01:53:02.160 --> 01:53:08.320]  us a way to be here and give us some financial support we really really need it we wouldn't ask
[01:53:08.320 --> 01:53:12.000]  you if we didn't if we were all independently wealthy we wouldn't ask a dime out of nobody
[01:53:12.000 --> 01:53:19.920]  to make this fly we'd be here doing it gladly every single day but we're not so if anybody
[01:53:19.920 --> 01:53:25.600]  wants to mail us a winning lottery ticket that'll work just fine but till then all we've got to make
[01:53:25.600 --> 01:53:32.000]  this work is you folks so please don't let us down don't let your fellow man down don't let the
[01:53:32.000 --> 01:53:38.160]  people that need what we have to offer down including yourself because eventually the way
[01:53:38.160 --> 01:53:44.560]  things are you're going to need what we've got to offer and nobody's out there serving it up but us
[01:53:44.560 --> 01:53:50.080]  so keep that in mind all right during that second little rant we got another caller on the board
[01:53:50.080 --> 01:53:57.840]  this is steven in texas steven what can we do for you well sir uh what one thing you'd brought up
[01:53:57.840 --> 01:54:05.280]  earlier in the hour popped up a little supreme court case that had come across my uh my reading
[01:54:05.280 --> 01:54:10.160]  a ways back which is where the fella asked about the 14th amendment i i know what i'd hate to
[01:54:10.160 --> 01:54:17.200]  digress into that but an interesting case 1869 supreme court that i found texas verse white and
[01:54:17.200 --> 01:54:28.480]  it's uh 74 us 700 and it uh the dissenting opinion there texas was trying to which had
[01:54:28.480 --> 01:54:36.320]  ceded not yet been restored to the union in 1860 that was uh not a state all right and it says the
[01:54:36.320 --> 01:54:43.440]  the same thing in the chief justice salmon b chase that says that asserted that the constitution
[01:54:43.440 --> 01:54:50.720]  which i question created an indestructible union composed of indestructible state that says that's
[01:54:50.720 --> 01:54:57.360]  on page 725 i'm reading a brief on it but very strange because i don't technically believe the
[01:54:57.360 --> 01:55:02.640]  constitution created an indestructible union but what whatever anyway strange that's what the chief
[01:55:02.640 --> 01:55:07.280]  justice says there yeah well the thing i've always had an argument with about that reading by the
[01:55:07.280 --> 01:55:13.680]  courts is this if you have the ability to volunteer into something where do you get the idea you don't
[01:55:13.680 --> 01:55:20.160]  have a way to volunteer out just because you volunteered once you're now indentured forever
[01:55:20.160 --> 01:55:25.360]  is that the idea i think that's what they're claiming indestructible and the amount of guns
[01:55:25.360 --> 01:55:33.040]  they brought to battle man i'm not sure yeah however i was just going to bring the other
[01:55:33.040 --> 01:55:37.680]  didn't know if you'd ever seen that it created an oddity in my mind when i read it yeah i've
[01:55:37.680 --> 01:55:45.120]  actually read the case you're talking about and i completely disagree the the union is
[01:55:45.120 --> 01:55:52.000]  indestructible as long as the individual states wish to remain within it the government itself
[01:55:52.000 --> 01:55:58.800]  has no power to destroy the union the people have the absolute power to destroy the union
[01:55:58.800 --> 01:56:06.000]  anytime they want to it's our creation it's not the federal government's creation it's our
[01:56:06.000 --> 01:56:12.800]  creation no federal judge supreme court or otherwise has the power to declare what a state
[01:56:12.800 --> 01:56:20.480]  of the union is because it is what we the people say it is whether it be the people of one state
[01:56:20.480 --> 01:56:26.400]  that no longer wishes to participate or it's the people of all states or republics rather
[01:56:26.400 --> 01:56:33.280]  that no longer wish to participate i mean for a supreme court justice to spout such
[01:56:33.280 --> 01:56:39.280]  idiocy as if his word makes it an indissolvable union is idiotic
[01:56:41.680 --> 01:56:48.320]  i mean okay and if they want to look at the constitution as a contractual obligation for
[01:56:48.320 --> 01:56:55.760]  it to be that way then any good judge should know that the moment any party breaches the contract
[01:56:55.760 --> 01:57:01.840]  which the federal government and the state governments absolutely have the contracts null
[01:57:01.840 --> 01:57:07.680]  and void it's unenforceable except against the party that was harmed again or the party harmed
[01:57:07.680 --> 01:57:14.080]  against the one that did the harming but that doesn't mean they have to stay in the contract
[01:57:14.080 --> 01:57:22.400]  in purport in perpetuity simply because they signed it plus we have the other little factor
[01:57:22.400 --> 01:57:29.120]  here is that none of the people themselves were responsible for the production of the
[01:57:29.120 --> 01:57:35.600]  united states constitution the people never signed off on it only individuals who were
[01:57:35.600 --> 01:57:41.040]  not even appointed for that purpose did that now don't get me wrong i'm not against the
[01:57:41.040 --> 01:57:47.920]  constitution i just don't think that it actually exists anymore if it ever did at all but the
[01:57:47.920 --> 01:57:56.240]  problem there is is what they're attempting to lock us into it's important to put it in
[01:57:56.240 --> 01:58:11.520]  perspective can i give you one out of the statutes of large the united states real quick sure go ahead
[01:58:11.520 --> 01:58:20.000]  is
[01:58:27.840 --> 01:58:31.440]  all right steven i'm sorry we're down to our last 20 seconds so i got to cut you off here
[01:58:32.160 --> 01:58:36.720]  all right folks thanks for listening thanks for all the callers tonight greatly appreciated
[01:58:36.720 --> 01:58:42.240]  man i didn't have to talk as much on my own as i would have had to otherwise appreciate you folks
[01:58:42.240 --> 01:58:48.640]  re really really really please financially support us we need you good night god bless
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