ROL_2013-01-14_16k.timecode

[00:00.000 --> 00:07.000]  Women in Saudi Arabia can't drive, run for office, or work in the courts.
[00:07.000 --> 00:12.000]  Now the Kingdom's tracking them electronically as they leave and enter the country.
[00:12.000 --> 00:16.000]  Like Dr. Catherine Albrecht, back with the disturbing details after this.
[00:16.000 --> 00:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:38.000]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com
[00:38.000 --> 00:45.000]  The private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[00:45.000 --> 00:50.000]  Women have forever been second-class citizens in Saudi Arabia.
[00:50.000 --> 00:54.000]  They can't be lawyers, run for public office, or even drive a car.
[00:54.000 --> 00:58.000]  They must wear veils and garments that cover them from head to toe.
[00:58.000 --> 01:01.000]  And they can't leave home without the say-so of their male guardians.
[01:01.000 --> 01:05.000]  But now the Saudi government is taking control to a scary new level.
[01:05.000 --> 01:09.000]  Immigration authorities now monitor women electronically at the border
[01:09.000 --> 01:14.000]  and send text messages to their male guardians, informing them where their women are.
[01:14.000 --> 01:19.000]  I suppose the next stop on this Orwellian train would be tracking ankle bracelets
[01:19.000 --> 01:22.000]  or maybe implantable locator microchips.
[01:22.000 --> 01:25.000]  Then Saudi men could track their women like cattle.
[01:25.000 --> 01:30.000]  Like Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:34.000 --> 01:37.000]  In Japan, where pampering your dog is serious stuff,
[01:37.000 --> 01:42.000]  pet lovers can now keep track of every step their beloved pooches take.
[01:42.000 --> 01:48.000]  Like Dr. Catherine Albrecht, back to tell you about the latest in pet equipment, dog pedometers, in a moment.
[01:48.000 --> 01:53.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:53.000 --> 01:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.000 --> 02:04.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:04.000 --> 02:06.000]  Privacy, it's worth hanging onto.
[02:06.000 --> 02:13.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:13.000 --> 02:17.000]  Start over with StartPage.
[02:17.000 --> 02:24.000]  On weekends in Tokyo's Yoyogi Park, it's common to see women wheeling their dogs in strollers dressed in frilly doggy attire.
[02:24.000 --> 02:29.000]  In case you didn't know, pampering pets in Japan is a national pastime.
[02:29.000 --> 02:34.000]  Now dog lovers have a new way to do it on their pets, a cloud-connected pedometer pendant.
[02:34.000 --> 02:37.000]  The tracks each time Fido puts one paw in front of the other.
[02:37.000 --> 02:43.000]  The pedometer is strapped to the dog's neck and logs steps, shivering motions, and body temperature.
[02:43.000 --> 02:48.000]  Transfer this vital data to the cloud, owners, and their cell phones at the pendant.
[02:48.000 --> 02:53.000]  Monitoring pups with pendants? Partly Japanese, but I'd say Sayonara to this trend.
[02:53.000 --> 03:18.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:18.000 --> 03:25.000]  Really, man, come on, six o'clock, and then you see somebody been shot.
[03:25.000 --> 03:35.000]  Somebody's been abused, somebody blew up a building, somebody stole a car, somebody got away, somebody didn't get too far.
[03:35.000 --> 03:41.000]  Yeah, they didn't get too far.
[03:41.000 --> 03:49.000]  Grandpappy told my pappy back in my day, son, what a man had to answer for the week that he'd done.
[03:49.000 --> 04:03.000]  Take all the rope in Texas by the tall old tree, round up all of them bad boys, hang up high on the street, for all the people to see.
[04:03.000 --> 04:11.000]  And just this one thing you should always find, you gotta settle up, you boys, you gotta draw a hard line.
[04:11.000 --> 04:19.000]  Well, the God's force that almost will send a victory tune, and will hold me back a little sooner.
[04:19.000 --> 04:29.000]  We'll raise up our glasses against evil forces singing, whiskey for my man, beer for my horses.
[04:29.000 --> 04:36.000]  All right, folks, good evening. This is the Monday Night Rule of Law Radio traffic show with your host, Eddie Craig.
[04:36.000 --> 04:41.000]  Tonight's gonna be a rant and rave night, so I'm not gonna start taking your calls right away.
[04:41.000 --> 04:44.000]  I've got quite a bit of material to go through here.
[04:44.000 --> 04:49.000]  This is something that I wanted to go through in the class yesterday, but because we had so many new folks,
[04:49.000 --> 04:55.000]  this would have been way over their respective heads to have gone into the way I needed to.
[04:55.000 --> 05:01.000]  So tonight I'm gonna cover this on the show, and hopefully we'll be able to get through this at enough time to start taking calls.
[05:01.000 --> 05:17.000]  But I cannot make any guarantees because there is a lot of material here, and we're actually going to be discussing a real live federal ruling against none other than our own Harmon Taylor.
[05:17.000 --> 05:27.000]  Now, this was a federal court ruling, United States District Court for the Northern District of Texas, Dallas Division, in 2008.
[05:27.000 --> 05:41.000]  Now, I want to go through this, and I want to show you just exactly how both the state and federal courts defraud us in the way they do their cases.
[05:41.000 --> 05:49.000]  Every time I see this type of thing going on in a case that I read, it just angers me beyond belief.
[05:49.000 --> 05:59.000]  Because these courts go out of their way to knowingly and intentionally misrepresent the law at every turn.
[05:59.000 --> 06:05.000]  For instance, in this particular case, they talk only about a couple of very specific statutes,
[06:05.000 --> 06:25.000]  when in fact, on the particular issue they're addressing, there are two constitutional articles, and there are one, two, three, four, five, six, seven, lordy, eight, nine,
[06:25.000 --> 06:40.000]  and at least 20 more, at least 30 some odd particular portions of Texas statute or constitution that address this very same subject matter.
[06:40.000 --> 06:51.000]  Yet the federal court chose to deal only with two or three of them, and they took them completely out of the context of how they're written in the statute.
[06:51.000 --> 06:59.000]  First off, they omitted particular language that completely altered the meaning in their opinion from what it is in Texas statute,
[06:59.000 --> 07:12.000]  and then they ignored that the way they read it completely disagrees with all of the other statute and the Texas Constitution on the same subject matter.
[07:12.000 --> 07:21.000]  So like I say, this is going to take us a little bit of time to go through tonight, but this needs to be brought out so that you can see the kind of judicial,
[07:21.000 --> 07:31.000]  hocus pocus, three-shell or three-card Monte shell game that the courts play with what they do.
[07:31.000 --> 07:36.000]  Now, the thing that I find absolutely ludicrous here, and I'm going to read you one of the paragraphs,
[07:36.000 --> 07:42.000]  plaintiff uses the term non-constitutional to describe certain acts of defendants.
[07:42.000 --> 07:50.000]  The court is not going to play games with words and understands plaintiff's complaint to contend that certain actions of defendants are allegedly unconstitutional.
[07:50.000 --> 07:53.000]  Otherwise, he should not be in federal court.
[07:53.000 --> 08:03.000]  This is a federal court saying it will not play games with words, and yet that is exactly what these morons in black do every single time a pro se defendant
[08:03.000 --> 08:09.000]  or anyone addressing what government is doing in violation of law does.
[08:09.000 --> 08:13.000]  They play word games, okay?
[08:13.000 --> 08:21.000]  I mean, the federal courts say that the word all doesn't mean in every instance in all criminal prosecutions.
[08:21.000 --> 08:23.000]  The accused shall have the right to assistance of counsel.
[08:23.000 --> 08:28.000]  Well, all doesn't mean all in the federal courts.
[08:28.000 --> 08:33.000]  The right to keep and bear arms shall not be infringed.
[08:33.000 --> 08:41.000]  What law can you write going against the Second Amendment that would not be an infringement?
[08:41.000 --> 08:51.000]  How is it possible to write any law whatsoever saying you can't do this, you can't do that, and that not be an infringement?
[08:51.000 --> 08:57.000]  And yet this court, because it's a pro se litigant who is going against what the government is doing,
[08:57.000 --> 09:06.000]  is going to sit there and say that they're not going to play word games, and yet that's all they've ever done, okay?
[09:06.000 --> 09:08.000]  Folks, this is a problem.
[09:08.000 --> 09:11.000]  This problem is not going to cure itself.
[09:11.000 --> 09:18.000]  In fact, left to its own devices, it has done nothing but get progressively worse.
[09:18.000 --> 09:28.000]  What we really need is law that empowers us to take these types of morons to task for these types of opinions,
[09:28.000 --> 09:37.000]  because these opinions violate constitutional intent, purpose, and the law itself every time they're made.
[09:37.000 --> 09:54.000]  Judges that do this should be immediately impeached, prosecuted, and beaten within an inch of their life, and then made to take a salt bath after being publicly flogged, okay?
[09:54.000 --> 10:00.000]  And I vote that the solution be salt, brine, and lemon juice.
[10:00.000 --> 10:07.000]  But the point is they deserve far worse than they're ever going to get as long as we stand out idly by and let them get away with it.
[10:07.000 --> 10:16.000]  So let's take this and read some more out of the case, and then I'm going to tear apart these morons' interpretation of law,
[10:16.000 --> 10:20.000]  because there's no other way to describe it.
[10:20.000 --> 10:25.000]  Now, this is how the court worded plaintiff's due process claim.
[10:25.000 --> 10:33.000]  Plaintiff's contention that he never received notice of a complaint prior to his arraignment on April 5, 2007 is without merit.
[10:33.000 --> 10:37.000]  Taylor simply misreads and misapplies the applicable law.
[10:37.000 --> 10:48.000]  The notice he received complied with due process and the applicable state statutes, and then they proceed to print Article 45.018b of Texas Code of Criminal Procedure,
[10:48.000 --> 10:51.000]  and this is how they set it up in their opinion.
[10:51.000 --> 11:03.000]  This procedure applies to Justice and Municipal Courts provides, A, defendant is entitled to notice of a complaint against the defendant,
[11:03.000 --> 11:09.000]  not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint.
[11:09.000 --> 11:11.000]  That's exactly the way it reads right now.
[11:11.000 --> 11:13.000]  This case is from 2008.
[11:13.000 --> 11:19.000]  That's still the same verbiage that exists today in that section of statute.
[11:19.000 --> 11:28.000]  Texas Code of Criminal Procedure, Article 45.018b, Vernon's 2006, is where they're drawing this from.
[11:28.000 --> 11:38.000]  Plaintiff apparently takes the position that the formal complaint was not provided to him on or before the day prior to his arraignment on April 5, 2007.
[11:38.000 --> 11:45.000]  This statute, however, must be read in conjunction with Article 27.14d, which provides in part.
[11:45.000 --> 11:55.000]  And when they say in part, you need to be watching out, because this is where they omit other language that would prove their assertions false.
[11:55.000 --> 11:58.000]  And 27.14d does exactly that.
[11:58.000 --> 12:04.000]  I'm going to read what language they put in here from that statute, then I'm going to read you that statute.
[12:04.000 --> 12:12.000]  And we're going to see that it nowhere near complies with Texas law on the way they set it up here.
[12:12.000 --> 12:17.000]  If written notice of an offense for which maximum possible punishment is by fine only,
[12:17.000 --> 12:23.000]  or of a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court,
[12:23.000 --> 12:34.000]  an illegible duplicate copy has been given to the defendant, the written notice serves as a complaint to which the defendant may plead guilty, not guilty, or no look contender.
[12:34.000 --> 12:45.000]  If the defendant pleads not guilty to the offense, a complaint shall be filed that conforms to the requirements of Chapter 45 of this code, and that complaint serves as an original complaint.
[12:45.000 --> 12:51.000]  So what they're contending here in this opinion is that the citation serves as a complaint.
[12:51.000 --> 12:53.000]  Well, folks, I got news for you.
[12:53.000 --> 12:58.000]  Right here, they've run off the deep end immediately in two ways.
[12:58.000 --> 13:07.000]  When you read the last part of 27.14d, you come to a whole different conclusion.
[13:07.000 --> 13:14.000]  And the reason I say that is because this is a very important part they left off.
[13:14.000 --> 13:20.000]  Now, I'm going to read you the whole thing out of 27.14d.
[13:20.000 --> 13:34.000]  If written notice of an offense for which maximum possible punishment is by fine only, or of a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court,
[13:34.000 --> 13:46.000]  an illegible duplicate copy has been given to the defendant, the written notice serves as a complaint to which the defendant may plead guilty, not guilty, or no look contender.
[13:46.000 --> 14:04.000]  Okay. If the defendant pleads not guilty to the offense or fails to appear based on the written notice, a complaint shall be filed that conforms to the requirements of Chapter 45 of this code, and that complaint serves as an original complaint.
[14:04.000 --> 14:11.000]  Now, that is where the federal court stopped inserting from the statute in its opinion.
[14:11.000 --> 14:16.000]  Now, pay attention to what is left of the statute that they omitted.
[14:16.000 --> 14:36.000]  A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged defense if the defendant agrees in writing with the prosecution, signs the agreement, and files it with the court.
[14:36.000 --> 14:51.000]  That last sentence says very clearly that there has to be a signed and co-signed written waiver filed with the court before they can proceed on the citation serving as the complaint.
[14:51.000 --> 14:57.000]  Okay. However, this statute runs into other problems immediately.
[14:57.000 --> 15:15.000]  Now, let's assume that by their own interpretation of statutory construction that there cannot be an intended ridiculous result from the reading and that that reading must be consistent with constitutional requirements and blah, blah, blah.
[15:15.000 --> 15:28.000]  Now, this is where they immediately run into a problem, and I'll cover that going back to the beginning of this. Let's start with what our rights are to know the nature and cause.
[15:28.000 --> 15:37.000]  If we go to Texas Constitution Article 1, Section 10, Second Sentence, and the title of that is Rights of Accused in Criminal Prosecutions.
[15:37.000 --> 15:55.000]  And if we read the first part in all criminal prosecutions, the accused shall have, and the second sentence, if you continue on with that, the right to demand the nature and cause of the accusation against him and to have a copy thereof.
[15:55.000 --> 16:08.000]  So we have a right to the actual nature and cause. Does the citation comply with the requirements of telling us, one, what the offense is, and two, its nature and cause?
[16:08.000 --> 16:19.000]  No. Here's why. The citation does not contain all of the necessary elements required to be proven at trial. That's problem number one with the citation.
[16:19.000 --> 16:35.000]  Number two, the citation is not sworn to in front of anybody. Number three, the required language out of Texas statute of what constitutes a valid complaint does not exist in the citation.
[16:35.000 --> 16:43.000]  And I'll cover that when we get back. All right, folks, this is Rule of Law Radio. This is Eddie Craig. This is the Monday Night Traffic Show.
[16:43.000 --> 16:54.000]  Please continue to listen in. We're going to keep going through this, and we're going to keep showing you why both state and federal courts tend to ignore the law to the detriment of those that have to appear in them.
[16:54.000 --> 17:21.000]  So stand by, learn more, we'll be right back after the break.
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[17:55.040 --> 17:56.040]  So what do you say Alvis?
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[19:55.080 --> 20:06.080]  All right, folks, we are back.
[20:06.080 --> 20:07.560]  This is rule of law radio.
[20:07.560 --> 20:12.000]  All right, let's continue on with this little rant and rave about judicial idiocy, including
[20:12.000 --> 20:14.360]  federal judicial idiocy.
[20:14.360 --> 20:19.360]  Okay, now, like I say, Article 1, Section 10 of the Texas Constitution specifically says
[20:19.360 --> 20:23.400]  that we have the right to a written copy of the nature and cause.
[20:23.400 --> 20:27.000]  The citation does not constitute a copy of the nature and cause.
[20:27.000 --> 20:29.880]  It does not list any of the required elements to be proven.
[20:29.880 --> 20:35.040]  It's not sworn to, nor does it comply with Texas law's requirement on what constitutes
[20:35.040 --> 20:36.680]  a valid complaint.
[20:36.680 --> 20:40.720]  In order to determine that, you have to go a little bit further down in the statute,
[20:40.720 --> 20:45.120]  specifically 45.019 of the Code of Criminal Procedure.
[20:45.120 --> 20:48.640]  But now, before we get that far, I want to explain to you what the difference between
[20:48.640 --> 20:52.040]  a complaint and a charging instrument is.
[20:52.040 --> 20:56.680]  The courts keep trying to make rulings that say, these are synonymous.
[20:56.680 --> 20:59.240]  They are not.
[20:59.240 --> 21:05.880]  An indictment or information by law cannot exist if there is not a valid criminal complaint.
[21:05.880 --> 21:08.320]  It's written right into the code that way.
[21:08.320 --> 21:11.360]  Chapter 20 of the Code of Criminal Procedure makes that very clear.
[21:11.360 --> 21:19.040]  An indictment or information can only be based upon a sworn and verified complaint, okay?
[21:19.040 --> 21:20.040]  That's it.
[21:20.040 --> 21:22.200]  If you have a legal complaint, you cannot get an indictment.
[21:22.200 --> 21:24.760]  You cannot do an information.
[21:24.760 --> 21:30.120]  Now, when you look at those things, you also have to look at which one vests the court with
[21:30.120 --> 21:32.240]  jurisdiction of the actual cause.
[21:32.240 --> 21:36.520]  Now, you will hear that I have said that a complaint vests the court with jurisdiction
[21:36.520 --> 21:38.560]  for only two purposes.
[21:38.560 --> 21:44.520]  One, it vests the court with jurisdiction to issue a warrant based upon the complaint.
[21:44.520 --> 21:48.120]  Two, as long as the complaint is sworn and verified.
[21:48.120 --> 21:55.840]  Two, it allows the court to conduct the magistration or the magistration on the warrant to set
[21:55.840 --> 22:01.960]  a bond or bail, and it also allows them to do the evidentiary hearing that they're supposed
[22:01.960 --> 22:04.240]  to have, okay?
[22:04.240 --> 22:08.480]  When they do the examining trial, that's when they're supposed to determine whether or not
[22:08.480 --> 22:11.840]  there is probable cause to proceed to trial.
[22:11.840 --> 22:14.680]  That's the whole purpose of an examining trial.
[22:14.680 --> 22:18.720]  To establish probable cause to proceed.
[22:18.720 --> 22:24.560]  If they are allowed to proceed, that indictment or information must be procured before they
[22:24.560 --> 22:28.520]  can go any further, okay?
[22:28.520 --> 22:30.120]  Without it, they have no jurisdiction.
[22:30.120 --> 22:31.120]  Why do I say that?
[22:31.120 --> 22:35.000]  Well, because it's written very clearly in the Texas law and the Texas Constitution
[22:35.000 --> 22:36.160]  that way.
[22:36.160 --> 22:41.160]  If you look at Article 5, Section 12b of the Texas Constitution, here's what it says.
[22:41.160 --> 22:47.440]  The word that is missing here, an indictment is a written instrument presented to a court
[22:47.440 --> 22:53.400]  by a grand jury charging a person with the commission of an offense.
[22:53.400 --> 22:59.120]  And information is a written instrument presented to a court by an attorney for the state charging
[22:59.120 --> 23:02.440]  a person with the commission of an offense.
[23:02.440 --> 23:06.920]  The practice and procedures relating to the use of indictments and information, including
[23:06.920 --> 23:13.200]  their contents, amendments, sufficiency and requisites are as provided by law.
[23:13.200 --> 23:20.560]  The presentment of an indictment or information to a court invests the court with jurisdiction
[23:20.560 --> 23:23.480]  of the cause.
[23:23.480 --> 23:25.560]  See the difference here?
[23:25.560 --> 23:33.440]  Now when you actually look at 45.018a, you're going to notice the following.
[23:33.440 --> 23:36.920]  This is what it says about a complaint.
[23:36.920 --> 23:40.040]  And let me get down here because there's a whole lot of these statutes we have to look
[23:40.040 --> 23:43.600]  at between now and then.
[23:43.600 --> 23:46.960]  But let me see here.
[23:46.960 --> 23:51.760]  Okay, 45.018a.
[23:51.760 --> 23:57.960]  For the purposes of this chapter, a complaint is a sworn allegation charging the accused
[23:57.960 --> 23:59.520]  with the commission of an offense.
[23:59.520 --> 24:01.080]  Notice the word charging.
[24:01.080 --> 24:07.000]  That's exactly the verbage used to describe an indictment or information, okay?
[24:07.000 --> 24:16.680]  So it sounds like 45.018 is allowed to proceed just upon the complaint, but they're not.
[24:16.680 --> 24:27.400]  That is how they interpreted 45.001 or 01 back before it was repealed in 99, okay?
[24:27.400 --> 24:29.240]  And yet that's not what it said either.
[24:29.240 --> 24:34.080]  It basically said the same thing this says, a complaint is a sworn allegation charging
[24:34.080 --> 24:37.040]  the accused with the commission of an offense.
[24:37.040 --> 24:45.600]  And then it went on to say that criminal prosecutions in a municipal court may commence by complaint.
[24:45.600 --> 24:47.360]  Well guess what?
[24:47.360 --> 24:54.520]  Every type of anything in a court in any state commences with a complaint.
[24:54.520 --> 24:57.080]  Doesn't matter whether it's civil or criminal.
[24:57.080 --> 25:03.840]  In order to start a civil suit, you have to file a complaint, which is your suit, okay?
[25:03.840 --> 25:08.320]  In order to start a criminal action, you have to file a complaint.
[25:08.320 --> 25:12.440]  Somebody has to be complaining before the state can create an indictment or information.
[25:12.440 --> 25:16.440]  That's written right in the chapter 20 because the indictment or information has to be based
[25:16.440 --> 25:18.520]  upon the complaint.
[25:18.520 --> 25:21.560]  So the verbage here is kind of wrong.
[25:21.560 --> 25:25.720]  A complaint doesn't charge somebody with an offense.
[25:25.720 --> 25:30.040]  It accuses somebody of an offense.
[25:30.040 --> 25:36.400]  And then the indictment or information is what actually is used to charge them.
[25:36.400 --> 25:38.800]  How do I assert that and make it stick?
[25:38.800 --> 25:42.480]  Well, again, we have to back up to Texas law.
[25:42.480 --> 25:48.600]  And when we do, we find article 2.05 of the Code of Criminal Procedure.
[25:48.600 --> 25:55.320]  And 2.04 and 2.05 both give us the same information in that regard.
[25:55.320 --> 25:59.200]  2.04 shall draw complaints.
[25:59.200 --> 26:04.120]  Upon complaint being made before a district or county attorney that an offense has been
[26:04.120 --> 26:10.720]  committed in his district or county, he shall reduce the complaint to writing and cause the
[26:10.720 --> 26:14.600]  same to be signed and sworn to by the complainant.
[26:14.600 --> 26:19.040]  And it shall be duly attested by said attorney.
[26:19.040 --> 26:21.160]  Okay?
[26:21.160 --> 26:26.200]  Then you have 2.05 when complaint is made.
[26:26.200 --> 26:31.760]  If the offense be a misdemeanor, the attorney shall forthwith prepare an information based
[26:31.760 --> 26:39.040]  upon such complaint and file the same in the court having jurisdiction.
[26:39.040 --> 26:43.920]  Now remember, only a county or district attorney can make an information and sign it in their
[26:43.920 --> 26:45.320]  official capacities.
[26:45.320 --> 26:49.400]  A city attorney cannot.
[26:49.400 --> 26:59.400]  Now if we continue on in 2.05, provided that in counties having no county attorney, misdemeanor's
[26:59.400 --> 27:07.720]  cases may be tried upon complaint alone without an information who problem a district attorney
[27:07.720 --> 27:11.800]  can sign those just as well as a county attorney.
[27:11.800 --> 27:18.320]  The other problem you have is that, again, the complaint does not list all of the necessary
[27:18.320 --> 27:21.520]  elements required to be proven at trial.
[27:21.520 --> 27:30.280]  And even if it does, Article 5, Section 12b, does not say that a complaint invests the
[27:30.280 --> 27:32.120]  court with jurisdiction.
[27:32.120 --> 27:37.360]  It says that an indictment or information does.
[27:37.360 --> 27:46.040]  Now the last part of that, or last two sections will be this, 2.05 provided, however, in counties
[27:46.040 --> 27:50.880]  having one or more criminal district courts, an information must be filed in each misdemeanor
[27:50.880 --> 27:51.880]  case.
[27:51.880 --> 27:56.880]  An information must be filed in each misdemeanor case.
[27:56.880 --> 28:02.480]  Now the only legal argument that we have to clarify here is what the word having means
[28:02.480 --> 28:04.480]  in this statute.
[28:04.480 --> 28:09.840]  Does having mean physically located within the territorial boundaries of the county or
[28:09.840 --> 28:17.640]  does having mean within the jurisdiction of, because there are many counties that don't
[28:17.640 --> 28:24.720]  have a criminal district court within their territorial borders, but there is no county
[28:24.720 --> 28:32.440]  that is not within the jurisdiction of some criminal district court.
[28:32.440 --> 28:40.200]  So even if there is not a county attorney, the county is still within the purview of
[28:40.200 --> 28:43.240]  some district attorney.
[28:43.240 --> 28:48.280]  So why does this statute attempt to negate the necessity of an information and that
[28:48.280 --> 28:53.240]  that information has to be signed by a district attorney, especially since the Texas Constitution
[28:53.240 --> 28:58.200]  says that those two things, the indictment or information, is the only thing that invests
[28:58.200 --> 29:00.080]  the court with jurisdiction.
[29:00.080 --> 29:04.680]  So the legislature can't bypass that, it's a constitutional requirement.
[29:04.680 --> 29:10.880]  The investment of jurisdiction in the court comes directly from Article 5, Section 12B.
[29:10.880 --> 29:13.000]  It says so right there.
[29:13.000 --> 29:17.160]  This is what invests the court with jurisdiction.
[29:17.160 --> 29:20.360]  Period.
[29:20.360 --> 29:24.680]  Doesn't say anything about a complaint investing in the court with jurisdiction.
[29:24.680 --> 29:31.440]  And yet 2.05 tries to give the court jurisdiction if there's no county attorney, without describing
[29:31.440 --> 29:35.520]  whether or not there's a district attorney that's able to do it.
[29:35.520 --> 29:41.160]  So my argument is having means within the jurisdiction of a criminal district court.
[29:41.160 --> 29:44.640]  Alright folks, this is Rural Law Radio's Monday Night Traffic Show.
[29:44.640 --> 29:46.160]  I am your host, Eddie Craig.
[29:46.160 --> 29:48.880]  Please hang in there, we're about to take a break.
[29:48.880 --> 29:52.920]  Let's keep this going, we'll get back to you when we come back after this break.
[29:52.920 --> 29:54.920]  Thank you.
[30:22.920 --> 30:24.800]  I'm a father who lost his son.
[30:24.800 --> 30:27.400]  We're Americans, and we deserve the truth.
[30:27.400 --> 30:57.360]  Go to RememberBuilding7.org today.
[30:57.400 --> 31:06.360]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[31:06.360 --> 31:10.080]  so easy, and neither is finding like-minded people to share it with.
[31:10.080 --> 31:13.280]  Oh, well I guess you haven't heard of Brave New Books then.
[31:13.280 --> 31:14.280]  Brave New Books?
[31:14.280 --> 31:18.920]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[31:18.920 --> 31:23.880]  Jones, Ron Paul, Angie Ebert Griffin, they even stock inner food, Berkey products, and
[31:23.880 --> 31:24.880]  Calvin Soaps.
[31:24.880 --> 31:27.800]  There's no way a place like that exists.
[31:27.800 --> 31:33.640]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT.
[31:33.640 --> 31:34.640]  By UT?
[31:34.640 --> 31:36.880]  There's never anywhere to park down there.
[31:36.880 --> 31:42.240]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[31:42.240 --> 31:45.240]  facility just behind the bookstore.
[31:45.240 --> 31:48.240]  It does exist, but when are they open?
[31:48.240 --> 31:53.000]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays.
[31:53.000 --> 31:59.840]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[31:59.840 --> 32:18.600]  Live, free speech radio, LogosRadioNetwork.com Yeah, I got a warrant, and I'm going to solve
[32:18.600 --> 32:23.600]  that.
[32:23.600 --> 32:30.480]  Alright folks, we are back.
[32:30.480 --> 32:34.600]  Now, this is the other part of this we need to look at, I'm going to read one more part
[32:34.600 --> 32:39.800]  out of the federal decision, and we'll see exactly the kind of ignorance these people
[32:39.800 --> 32:41.400]  display.
[32:41.400 --> 32:46.400]  The record conclusively establishes that plaintiff received proper notice of the charge against
[32:46.400 --> 32:47.400]  him.
[32:47.400 --> 32:52.280]  He issued citation number 213470, which fully apprised him with a traffic charge against
[32:52.280 --> 32:53.280]  him.
[32:53.280 --> 32:58.480]  It does not, people, it does not list the elements of the charge, okay?
[32:58.480 --> 33:03.240]  That is not, plus the fact we all know that what they write on the citation may not be
[33:03.240 --> 33:05.880]  what they wind up charging you with in court.
[33:05.880 --> 33:11.920]  There is no way the citation constitutes proper notice of the charge against you.
[33:11.920 --> 33:17.040]  Only the formal charge filed with the court can do that.
[33:17.040 --> 33:21.720]  The citation never does that, okay?
[33:21.720 --> 33:26.640]  So if we read on, in the opinion, he signed the citation and was provided a copy, which
[33:26.640 --> 33:29.920]  informed him when he had to appear in Huntsville Municipal Court.
[33:29.920 --> 33:35.320]  As plaintiff offense was punishable by fine only the citation he received served as notice
[33:35.320 --> 33:39.080]  of the charge against him and fully complied with the notice of complaint provision.
[33:39.080 --> 33:40.480]  No, it didn't.
[33:40.480 --> 33:42.680]  I just read you all of it, it didn't.
[33:42.680 --> 33:49.480]  There was no signed waiver allowing them to use the citation as a complaint, none.
[33:49.480 --> 33:52.640]  So it did not comply.
[33:52.640 --> 33:56.960]  At the arraignment on April 5th, plaintiff refused to enter a plea, and the court entered
[33:56.960 --> 34:01.560]  a plea of not guilty on behalf of plaintiff, because a not guilty plea was entered.
[34:01.560 --> 34:07.560]  A formal complaint was filed on April 5, 2007.
[34:07.560 --> 34:14.880]  Right there, they admit they did not comply with 45.018b, okay?
[34:14.880 --> 34:19.200]  He appeared on one date, they didn't make the complaint till a later date.
[34:19.200 --> 34:24.920]  That completely violates 45.018b, okay?
[34:24.920 --> 34:30.000]  Now the complaint complied with Chapter 45.
[34:30.000 --> 34:34.760]  Right here, they're admitting the complaint may have complied, but the citation never
[34:34.760 --> 34:39.520]  did, and yet they're saying it was valid as a complaint.
[34:39.520 --> 34:41.640]  How bogus an argument can you make?
[34:41.640 --> 34:44.280]  Well, here you can use it as a complaint.
[34:44.280 --> 34:48.000]  Oh, but it doesn't comply with the requisites of a complaint.
[34:48.000 --> 34:53.120]  So if you're going to go forward, you need to have an actual complaint.
[34:53.120 --> 34:58.840]  And yet, we're going to say that the notice that you got from the citation is the same
[34:58.840 --> 35:03.960]  notice you got from the actual complaint that's now required to be filed.
[35:03.960 --> 35:11.640]  Going full well, that argument is lunacy, okay?
[35:11.640 --> 35:22.440]  It is absolute fraud, and it's perpetrated upon the accused by the court itself.
[35:22.440 --> 35:27.520]  It is absolute total judicial fraud.
[35:27.520 --> 35:31.080]  What's the problem with this interpretation of statute?
[35:31.080 --> 35:36.560]  Number one, it completely violates the right of due process, the right to notice.
[35:36.560 --> 35:41.320]  Number two, here is the real problem.
[35:41.320 --> 35:45.400]  The way they did this, the way they ruled on this, if you don't have the complaint in
[35:45.400 --> 35:52.640]  your hand, then how do you know to argue whether or not the complaint is sufficient in form
[35:52.640 --> 35:57.840]  and substance to rebut it as being insufficient?
[35:57.840 --> 36:02.120]  You never seen it, you can't do it with the citation because the citation doesn't list
[36:02.120 --> 36:05.320]  all the necessary elements required to be proven.
[36:05.320 --> 36:12.040]  So how do you argue that the date's incorrect, that the alleged speed versus the posted speed
[36:12.040 --> 36:16.920]  is incorrect, that it was sworn to under those conditions and circumstances and blah, blah,
[36:16.920 --> 36:17.920]  blah?
[36:17.920 --> 36:20.280]  That language is nowhere on the citation.
[36:20.280 --> 36:21.640]  So how do you do it?
[36:21.640 --> 36:24.520]  You can't.
[36:24.520 --> 36:32.880]  So the citation does not even begin to comply with 45.019 as to the form and substance, nor
[36:32.880 --> 36:37.160]  is it something that you can rebut on its face.
[36:37.160 --> 36:42.120]  So right here, the federal court is ruling in favor of the state to deny you your right
[36:42.120 --> 36:45.240]  to proper notice to object to the form and content.
[36:45.240 --> 36:53.400]  See, they never address 45.019F, which says if you fail to object to the form and substance
[36:53.400 --> 37:02.840]  of the charging instrument before the day of trial on the merits, then you're screwed.
[37:02.840 --> 37:07.320]  You cannot object to anything in the complaint after the fact.
[37:07.320 --> 37:14.040]  Well, if they never create that or give you that until the day of trial or they create
[37:14.040 --> 37:22.120]  it before trial but never provide it to you, then how will you ever object to it?
[37:22.120 --> 37:23.400]  You never saw it.
[37:23.400 --> 37:25.560]  How can you object to it?
[37:25.560 --> 37:34.680]  The court, by this ruling, has automatically waived your rights for you against your will.
[37:34.680 --> 37:39.840]  And that right is the right to object to the form and substance of the complaint.
[37:39.840 --> 37:46.080]  And any information or indictment based upon that complaint, the court has made a compulsory
[37:46.080 --> 37:53.080]  waiver against the accused and there's nothing they can do about it because the state is
[37:53.080 --> 37:58.920]  going to take that opinion and run with it to deprive you of due process because it facilitates
[37:58.920 --> 38:04.920]  their ability to run you through their kangaroo court and take your money without incurring
[38:04.920 --> 38:09.320]  a lot of expense because they don't have to mail you stuff to give you notice.
[38:09.320 --> 38:10.960]  They don't have to serve you.
[38:10.960 --> 38:13.800]  They don't have to do anything.
[38:13.800 --> 38:15.840]  Now here's the other problem.
[38:15.840 --> 38:21.760]  The only time that you can actually object to the form and content of the complaint is
[38:21.760 --> 38:22.760]  pre-trial.
[38:22.760 --> 38:26.160]  It's written right into the statute that way.
[38:26.160 --> 38:37.080]  When you go to 28.01 sub-item 4, 28.01 section 1 sub-item 4, this is what it says in the
[38:37.080 --> 38:43.320]  last sentence of section 1, the pre-trial hearing shall be to determine any of the following
[38:43.320 --> 38:51.160]  matters, sub-item 4, exceptions to the form or substance of the indictment or information.
[38:51.160 --> 38:55.960]  Notice again, this specifically addresses indictments or information.
[38:55.960 --> 38:59.880]  It does not address complaints.
[38:59.880 --> 39:06.680]  This tells me that the complaint on its own is not sufficient to be heard by the court
[39:06.680 --> 39:15.640]  for the purpose of anything other than the registration and the examining trial because
[39:15.640 --> 39:24.040]  it even says in 27.14D that if you proceed you've got to have a formal complaint, well,
[39:24.040 --> 39:28.680]  if you don't waive the formal complaint, they can't proceed without one and they certainly
[39:28.680 --> 39:33.200]  can't proceed without the charging instrument attached to it, which they never produce if
[39:33.200 --> 39:39.560]  it's a city prosecutor in the case because he can't sign one, he or she.
[39:39.560 --> 39:41.960]  So that creates a problem.
[39:41.960 --> 39:48.320]  Now let's go back up and look at some of the statutes real quick.
[39:48.320 --> 39:53.400]  Article 1.04 of the Code of Criminal Procedure, due course of law, no citizen of this state
[39:53.400 --> 39:57.880]  shall be deprived of life, liberty, property, privileges, or immunities or in any manner
[39:57.880 --> 40:02.440]  disenfranchised except by the due course of the law of the land.
[40:02.440 --> 40:06.200]  Article, statutes are not the law of the land.
[40:06.200 --> 40:10.840]  The law of the land is the common law that the Constitution itself was based on at the
[40:10.840 --> 40:13.640]  time it was written.
[40:13.640 --> 40:15.400]  That is the law of the land.
[40:15.400 --> 40:20.000]  It is not the statutes created by the legislature.
[40:20.000 --> 40:23.080]  1.05, rights of the accused.
[40:23.080 --> 40:31.040]  Now 1.05 is a direct statutory incorporation of Article 1, Section 10 of the Texas Constitution's
[40:31.040 --> 40:33.560]  Bill of Rights.
[40:33.560 --> 40:39.120]  This is how it reads, in all criminal prosecutions the accused shall have a speedy public trial
[40:39.120 --> 40:40.960]  by an impartial jury.
[40:40.960 --> 40:45.440]  He shall have the right to demand the nature and cause of the accusation against him and
[40:45.440 --> 40:47.880]  to have a copy thereof.
[40:47.880 --> 40:51.600]  Again, this is not just the complaint.
[40:51.600 --> 40:55.840]  This is the charging instrument that has to list all of the elements required to be proven
[40:55.840 --> 41:03.360]  at trial, which the complaint by any statutory construction is not required to have.
[41:03.360 --> 41:10.080]  When you look at the records it's under 45.019, nowhere in there do you see where it reads
[41:10.080 --> 41:14.720]  that the complaint must have all of the elements required to be proven.
[41:14.720 --> 41:17.760]  It's not there.
[41:17.760 --> 41:23.040]  And just because you write a complaint that has all the elements, a complaint is still
[41:23.040 --> 41:28.680]  not an indictment or information signed by the proper authority, which is either the
[41:28.680 --> 41:34.440]  grand jury in the case of an indictment or an attorney for the state, which can only
[41:34.440 --> 41:41.800]  be a county and district attorney according to Article 5, Section 21 of the Texas Constitution.
[41:41.800 --> 41:45.800]  They're the only ones and Chapter 20 of the Code of Criminal Procedure says very clearly
[41:45.800 --> 41:52.920]  that only a county or district attorney in their official capacity can sign an information.
[41:52.920 --> 41:54.320]  A city attorney can't do it.
[41:54.320 --> 41:55.320]  Why?
[41:55.320 --> 41:58.160]  Because a city attorney was never authorized to prosecute the name of the state by the
[41:58.160 --> 42:00.520]  Texas Constitution.
[42:00.520 --> 42:05.480]  They were not delegated that power and the legislature cannot delegate it to them by
[42:05.480 --> 42:10.560]  statute because it is a non-delegable power.
[42:10.560 --> 42:17.320]  The Constitution specifically assigned it to two public officers and a city attorney
[42:17.320 --> 42:21.720]  by any stretch of the imagination is not a public officer.
[42:21.720 --> 42:22.720]  Why do I say that?
[42:22.720 --> 42:26.120]  One, a city attorney can be a contract law firm.
[42:26.120 --> 42:31.840]  They don't work for the city except by contract to prosecute particular cases.
[42:31.840 --> 42:37.720]  City attorney is an appointed office or a hired gun office, but it is not an elected
[42:37.720 --> 42:40.080]  office.
[42:40.080 --> 42:42.520]  Got it?
[42:42.520 --> 42:50.960]  This is exactly why state prosecutorial power was not granted to them because anybody with
[42:50.960 --> 42:54.080]  ears qualifies as a city attorney.
[42:54.080 --> 42:59.240]  It doesn't matter whether they're any good or not.
[42:59.240 --> 43:04.160]  So the point here is they can't do it and yet the legislature in their idiocy thinks
[43:04.160 --> 43:07.680]  they have the power to let them do it and they don't.
[43:07.680 --> 43:13.040]  But we aren't out in large numbers standing in front of our representative's desk, looking
[43:13.040 --> 43:17.480]  them right in the eye, pounding our fists on their desktop and going, what the hell are
[43:17.480 --> 43:20.720]  you thinking?
[43:20.720 --> 43:23.200]  We gave you a set of rules to follow.
[43:23.200 --> 43:26.200]  Why aren't you following them?
[43:26.200 --> 43:32.960]  Why do you think you can write a law that completely ignores the rules we gave you?
[43:32.960 --> 43:35.920]  You idiot.
[43:35.920 --> 43:38.960]  I'd replace you with a talking monkey.
[43:38.960 --> 43:40.960]  He would do a better job.
[43:40.960 --> 43:44.680]  Alright folks, we'll be right back on the other side of this break.
[43:44.680 --> 43:46.800]  This is Rule of Law Radio.
[43:46.800 --> 43:47.800]  This is Eddie Craig.
[43:47.800 --> 43:48.800]  Y'all hang in there.
[43:48.800 --> 43:50.800]  I still got some raven to do.
[43:50.800 --> 43:55.800]  We'll be right back after the break.
[43:55.800 --> 44:04.160]  Are you the plaintiff or defendant in a lawsuit?
[44:04.160 --> 44:07.400]  Win your case without an attorney with jurisdictionary.
[44:07.400 --> 44:13.800]  The affordable, easy to understand, four CD course that will show you how in 24 hours,
[44:13.800 --> 44:14.800]  step by step.
[44:14.800 --> 44:19.000]  If you have a lawyer, know what your lawyer should be doing.
[44:19.000 --> 44:22.800]  If you don't have a lawyer, know what you should do for yourself.
[44:22.800 --> 44:28.640]  Thousands have won with our step by step course, and now you can too.
[44:28.640 --> 44:34.560]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:34.560 --> 44:39.040]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[44:39.040 --> 44:43.400]  the principles and practices that control our American courts.
[44:43.400 --> 44:49.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.520 --> 44:51.920]  pro se tactics, and much more.
[44:51.920 --> 45:01.760]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:01.760 --> 45:05.960]  The Oklahoma City bombing, top 10 reasons to question the official story.
[45:05.960 --> 45:10.000]  Reason number one, John Doe number two, and other accomplices.
[45:10.000 --> 45:13.400]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the
[45:13.400 --> 45:17.680]  rider truck report that he was accompanied by other perpetrators.
[45:17.680 --> 45:22.440]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the rider truck
[45:22.440 --> 45:25.280]  bomb to the Murrah building and detonated it.
[45:25.280 --> 45:29.280]  The only witness the government produced to place McVeigh at the building that morning,
[45:29.280 --> 45:33.800]  Dana Bradley, who lost her children and one of her legs in the bombing, testified that
[45:33.800 --> 45:39.680]  she saw McVeigh with another man, the fable John Doe number two, exiting the rider truck.
[45:39.680 --> 45:43.280]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators
[45:43.280 --> 45:49.920]  the day of the bombing, no less than 226 witnesses placed him with other men in the days before
[45:49.920 --> 45:55.200]  the bombing, including when he rented the rider truck, and in some cases have positively
[45:55.200 --> 45:56.840]  identified the other perpetrators.
[45:56.840 --> 46:19.600]  For more information, please visit okcbombingtruth.com Alright folks, we are back, this is Rule of
[46:19.600 --> 46:20.600]  Law Radio.
[46:20.600 --> 46:26.960]  Okay, now, let's also look at Article 1.14 of the Code of Criminal Procedure at subsection
[46:26.960 --> 46:27.960]  B.
[46:27.960 --> 46:32.800]  If the defendant does not object to a defect, error, or irregularity of form or substance
[46:32.800 --> 46:37.040]  in an indictment or information before the date on which the trial on the merits commences,
[46:37.040 --> 46:41.560]  he weighs and forfeits the right to object to the defect, error, or irregularity and
[46:41.560 --> 46:46.560]  he may not raise the objection on appeal or in any other post-conviction proceeding.
[46:46.560 --> 46:54.520]  Now, if we go down and look at 45.019F, we will find that language is pretty much mirrored.
[46:54.520 --> 46:55.520]  Okay?
[46:55.520 --> 47:01.120]  Now, we will talk about why that constitutes such a big problem.
[47:01.120 --> 47:08.320]  45.019F, if the defendant does not object to a defect, error, or irregularity of form
[47:08.320 --> 47:13.480]  or substance in a charging instrument, notice it says, charging instrument, it does not
[47:13.480 --> 47:17.520]  say a complaint.
[47:17.520 --> 47:24.440]  It does not say a complaint.
[47:24.440 --> 47:28.400]  Before the date on which the trial on the merits commences, the defendant weighs and
[47:28.400 --> 47:33.280]  forfeits the right to object to the defect, error, or irregularity.
[47:33.280 --> 47:39.720]  This is precisely the language from 1.14.
[47:39.720 --> 47:42.200]  Okay?
[47:42.200 --> 47:46.920]  And that basically is it.
[47:46.920 --> 47:49.240]  You can't object after the fact.
[47:49.240 --> 47:53.440]  But if they don't serve you with it, how are you going to object to it?
[47:53.440 --> 47:56.480]  You never saw it.
[47:56.480 --> 48:02.560]  This is an intentional step toward deprivation of the right to notice.
[48:02.560 --> 48:06.240]  That's exactly what this sets up.
[48:06.240 --> 48:09.920]  We don't have to tell you all of the elements until we've already got you to trial where
[48:09.920 --> 48:13.520]  you can't object to this.
[48:13.520 --> 48:16.400]  Then we've got you.
[48:16.400 --> 48:17.400]  Now here's the problem.
[48:17.400 --> 48:25.720]  Again, they charge you with, let's say, speeding or something of the sort on the citation,
[48:25.720 --> 48:30.640]  and then they charge you on the complaint with driving law license and valid.
[48:30.640 --> 48:35.520]  How does the court even begin to say the citation was proper notice when what you're
[48:35.520 --> 48:39.880]  being tried on is an offense completely different than the one on the citation?
[48:39.880 --> 48:46.600]  And that happens all the time, all of the time.
[48:46.600 --> 48:48.000]  So what do you do about it?
[48:48.000 --> 48:54.600]  Folks, this is, we need not just some law, but we need to get these representatives
[48:54.600 --> 48:58.560]  to understand these courts cannot do what they want.
[48:58.560 --> 49:04.160]  You know what the Code of Criminal Procedure is missing and what it needs to have in it?
[49:04.160 --> 49:11.280]  It needs to have the exact same thing that every other statute has, an offense clause.
[49:11.280 --> 49:23.720]  For every procedure that it says, shout, must, those are mandatory on the court or the prosecution.
[49:23.720 --> 49:28.760]  What should be contained in that language as a subpart of that particular section of
[49:28.760 --> 49:31.800]  statute is an offense clause.
[49:31.800 --> 49:38.960]  A magistrate or judge commits an offense if, an attorney for the state commits an offense
[49:38.960 --> 49:45.560]  if, and then it lists the criminal charge that they are the elements of how they violate
[49:45.560 --> 49:50.520]  it and then the criminal charge associated with the violation.
[49:50.520 --> 49:53.760]  So guess what I am working on writing?
[49:53.760 --> 50:00.360]  Since we have a legislative session coming up real, real quick, I am going to get together
[50:00.360 --> 50:07.440]  some language for particular adjustments to the Code of Criminal Procedure that actually
[50:07.440 --> 50:11.960]  create offense sections for the procedures.
[50:11.960 --> 50:16.280]  And I am going to take those down and I am going to hound the living crap out of every
[50:16.280 --> 50:22.680]  legislator I can find to sponsor those in a bill to amend them to the Code of Criminal
[50:22.680 --> 50:30.720]  Procedure and make them binding law that allows us to go after prosecutors and judges
[50:30.720 --> 50:39.920]  who violate the right of due process by false interpretation, malicious deprivation or intentional
[50:39.920 --> 50:48.080]  or negligent obedience to the procedure which interferes with our right of due process.
[50:48.080 --> 50:55.360]  These people need to be held accountable and they need to be held accountable by us, not
[50:55.360 --> 50:59.440]  each other because they will never be accountable to each other.
[50:59.440 --> 51:01.440]  They are protected by each other.
[51:01.440 --> 51:05.200]  The judges won't complain against the prosecutors, the prosecutors won't complain against the
[51:05.200 --> 51:10.840]  judges and even if they do, some other judge will protect them by throwing out the charge
[51:10.840 --> 51:16.440]  or blocking it from ever getting in the hands of a grand jury.
[51:16.440 --> 51:21.480]  So folks, even though we are the political power, these people are acting like they can
[51:21.480 --> 51:25.360]  do all this without us and that we don't matter.
[51:25.360 --> 51:29.080]  It's time to show them that's not the case.
[51:29.080 --> 51:35.760]  This is one of the focuses of the Dowell Law website that I'm creating.
[51:35.760 --> 51:39.520]  This is to get us off of dealing with independent issues.
[51:39.520 --> 51:46.640]  The issues only exist because there are legislators that make them issues.
[51:46.640 --> 51:51.760]  We should be dealing with the root cause of the whole problem or the whole group of problems
[51:51.760 --> 51:55.240]  and that is the legislators themselves.
[51:55.240 --> 52:01.240]  We need to start keeping an accurate legislative track record on every single member of the
[52:01.240 --> 52:03.240]  Texas legislature.
[52:03.240 --> 52:10.360]  We need to do it in every state for that matter and with, you know, time and effort and hopefully
[52:10.360 --> 52:16.160]  with some volunteer programming help out there as we're able to get it, we will be able to
[52:16.160 --> 52:22.480]  implement these things and make them possible on Dowell Law.
[52:22.480 --> 52:29.560]  And that will allow us to at a glance focus on the legislator that is ignoring their oath
[52:29.560 --> 52:30.560]  of office.
[52:30.560 --> 52:35.520]  Why? Because they will have a legislative report card attached to their profile on our
[52:35.520 --> 52:38.240]  website.
[52:38.240 --> 52:42.600]  And that will tell us whether or not they're doing the job they were elected to do.
[52:42.600 --> 52:47.480]  There will be no more hiding behind an obscure voting record because your voting record will
[52:47.480 --> 52:55.800]  be summarized and graded and placed in public view for public consumption and, buddy, we
[52:55.800 --> 52:59.200]  are not going to grade on a curve.
[52:59.200 --> 53:03.400]  You are going to get graded on exactly what you deserve.
[53:03.400 --> 53:12.160]  And I doubt very seriously if any one of them will pass, at least for the time being.
[53:12.160 --> 53:17.040]  So folks, that is one of the directions I would like to see Dowell Law go into.
[53:17.040 --> 53:24.480]  There are many others, but we need to stop chasing the tip of the iceberg here, okay?
[53:24.480 --> 53:30.920]  Sawing off the tip of the iceberg would not have saved the Titanic.
[53:30.920 --> 53:37.120]  Sawing off 100 tips of the iceberg would not have saved the Titanic.
[53:37.120 --> 53:43.560]  You would have had to go underwater and blow up the iceberg at its source, which is the
[53:43.560 --> 53:49.640]  huge part that was sitting under the water that ripped open the side, not the top, not
[53:49.640 --> 53:56.640]  the guardrail, but what was under the water that you didn't see that caused the problem.
[53:56.640 --> 53:58.800]  And that's where your legislator is.
[53:58.800 --> 54:05.680]  The legislator, he relies on the fact that he is not in the public spotlight by what
[54:05.680 --> 54:09.980]  he does, at least not initially.
[54:09.980 --> 54:14.680]  We need to put them on the forefront of how they intend to do things.
[54:14.680 --> 54:20.800]  Not only will we know what they have done, we can try and force them into telling us
[54:20.800 --> 54:24.800]  what they plan to do.
[54:24.800 --> 54:26.960]  And we can keep that updated on the website.
[54:26.960 --> 54:31.560]  And then when they flip-flop on us, we already know it.
[54:31.560 --> 54:35.760]  When they vote no, when they swore to the people they would vote yes, that is going
[54:35.760 --> 54:38.400]  to be a big red flag on their profile.
[54:38.400 --> 54:43.520]  That's going to be the legislator that's got to be targeted for removal from office immediately.
[54:43.520 --> 54:46.360]  That's the legislator that's got to be voted out or recalled.
[54:46.360 --> 54:52.560]  See, that's another thing we need in Texas is the ability to recall our elected officials.
[54:52.560 --> 54:56.160]  And we've got to put that directly within the Texas Constitution.
[54:56.160 --> 54:57.880]  But you've got to remember one thing.
[54:57.880 --> 55:04.000]  These people are ignoring not only the law, but everything the law is based on, which
[55:04.000 --> 55:06.120]  is the Texas Constitution.
[55:06.120 --> 55:10.160]  We've got a lot of things in the Texas Constitution that just don't belong there.
[55:10.160 --> 55:16.120]  The Texas Constitution looks far more like legislative statute than a Constitution.
[55:16.120 --> 55:20.760]  There's three things I believe the Texas Constitution needs.
[55:20.760 --> 55:27.480]  One, it needs to be drastically reduced in size, and it needs to set very specific stated
[55:27.480 --> 55:30.000]  limits on governmental authority.
[55:30.000 --> 55:35.440]  See, the Texas courts have ruled that anything not in the Constitution is under the power
[55:35.440 --> 55:38.360]  of the legislature, and that's completely bogus.
[55:38.360 --> 55:45.040]  A Constitution is not set to say, these are your limits only.
[55:45.040 --> 55:47.600]  You can do anything we don't talk about.
[55:47.600 --> 55:48.600]  No.
[55:48.600 --> 55:52.760]  The Constitution says, these are the powers we give you, and these are the only things
[55:52.760 --> 55:53.760]  you can do.
[55:53.760 --> 55:58.560]  But the Texas courts turn that completely upside down, okay?
[55:58.560 --> 56:02.160]  So thing one it has to do is be shortened and rewritten.
[56:02.160 --> 56:07.280]  And folks, there is a really good example of how it should read, though after reading
[56:07.280 --> 56:11.560]  it several times, I think it falls short still in a couple of places, but they're minor
[56:11.560 --> 56:13.960]  where they could be fixed before it's submitted.
[56:13.960 --> 56:20.320]  But go look for the Texas Constitution 2000 project, okay?
[56:20.320 --> 56:25.480]  Go read that proposed Texas Constitution from back in the year 2000.
[56:25.480 --> 56:32.240]  It contains a lot of good standards for Texas government, okay?
[56:32.240 --> 56:37.280]  Texas Constitution 2000, look it up on the web, it's out there.
[56:37.280 --> 56:44.840]  But the second thing it needs is it needs to specifically assign all power to the people,
[56:44.840 --> 56:50.000]  not specifically granted to its governmental entities, and it needs to specifically read
[56:50.000 --> 56:56.840]  in that way that no power may be exercised by government that is not specifically delegated
[56:56.840 --> 57:05.800]  and authorized or is absolutely necessary and ancillary to those powers that are delegated,
[57:05.800 --> 57:08.000]  okay?
[57:08.000 --> 57:10.920]  Needs to limit that entirely.
[57:10.920 --> 57:18.540]  The third thing it needs to do sets term limits, sets the ability to recall, sets the ability
[57:18.540 --> 57:27.000]  for the people to convene their own grand juries at any time and within any county, and it
[57:27.000 --> 57:32.600]  needs to be able for that grand jury to call for and set up the immediate impeachment of
[57:32.600 --> 57:38.040]  any legislator that does not abide by their oath of office.
[57:38.040 --> 57:43.280]  Now, the grand jury to go against that legislator has to be in the county he represents or the
[57:43.280 --> 57:45.800]  counties he represents.
[57:45.800 --> 57:50.800]  That keeps it fair, that keeps it where other counties can't say we don't like your legislator
[57:50.800 --> 57:53.560]  so we're going to bounce him out for you, no.
[57:53.560 --> 57:58.960]  You can go after your representative in this case, but only your representative.
[57:58.960 --> 58:01.720]  That keeps it where the rest of Texas can't do it for you.
[58:01.720 --> 58:06.240]  You have to take control of your local government and this is where it's going to start, people.
[58:06.240 --> 58:09.600]  These are the things that I see that need to be changed about the Texas Constitution.
[58:09.600 --> 58:14.520]  We don't need a 280 page Constitution, okay, that's ridiculous.
[58:14.520 --> 58:19.640]  The Founding Fathers did the U.S. Constitution on two pages of parchment and it covers an
[58:19.640 --> 58:25.360]  awful lot, but it left a couple of holes and those need to be fixed too, but that's for
[58:25.360 --> 58:26.840]  another place and time.
[58:26.840 --> 58:29.520]  All right, folks, this is rule of law radio.
[58:29.520 --> 58:31.240]  We are at the top of the hour break.
[58:31.240 --> 58:34.840]  I will start taking your calls on the other side, though I did not get completely through
[58:34.840 --> 58:35.840]  everything.
[58:35.840 --> 58:37.560]  You get the general idea.
[58:37.560 --> 58:41.520]  There's more law that would have helped that the courts completely ignored.
[58:41.520 --> 58:42.840]  We need to fix that.
[58:42.840 --> 58:50.400]  All right, folks, hang in there, we'll be right back and start taking your calls.
[58:50.400 --> 58:55.840]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.840 --> 58:58.640]  because they struggle to understand it.
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[59:48.040 --> 59:50.040]  That's freestudybible.com.
[59:50.040 --> 01:00:16.040]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:00:16.040 --> 01:00:30.280]  So,
[01:00:30.280 --> 01:00:35.780]  information to yourself. Privacy, it's worth hanging on to. This message is brought to
[01:00:35.780 --> 01:00:42.080]  you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start
[01:00:42.080 --> 01:00:45.720]  over with StartPage.
[01:00:45.720 --> 01:00:50.600]  When it comes to business, blood and money really do mix. A whopping 8 out of 10 American
[01:00:50.600 --> 01:00:55.960]  businesses are family owned. They contribute nearly 60% of the nation's economy and employ
[01:00:55.960 --> 01:01:02.040]  nearly 2 thirds of the U.S. workforce. Many of the firms in the S&P 500 are family controlled
[01:01:02.040 --> 01:01:06.680]  and they're doing great. They're more stable and they inspire more commitment and trust
[01:01:06.680 --> 01:01:08.200]  in their employees.
[01:01:08.200 --> 01:01:15.040]  The biggest family owned business is, surprise, Walmart. Next comes Ford, Cargill, Coke Industries,
[01:01:15.040 --> 01:01:20.240]  Carlson Companies, Comcast, and News Corp. Rounding out the top 10 is the sweetest of
[01:01:20.240 --> 01:01:26.800]  them all, Mars. M&M's anyone? I'm Dr. Catherine Albrecht for StartPage.com, the world's most
[01:01:26.800 --> 01:01:33.800]  private search engine.
[01:01:33.800 --> 01:01:39.040]  Giving things isn't just good manners or something to do on Thanksgiving. New research suggests
[01:01:39.040 --> 01:01:43.640]  gratitude is actually good for your health. I'm Dr. Catherine Albrecht. Back to explain
[01:01:43.640 --> 01:01:47.280]  the benefits of a heartfelt thank you in a moment.
[01:01:47.280 --> 01:01:51.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[01:01:51.800 --> 01:01:57.600]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[01:02:03.840 --> 01:02:09.240]  it's worth hanging onto. This message is brought to you by StartPage.com, the private search
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[01:02:14.400 --> 01:02:20.680]  Thank you. They're just two simple words, but new research suggests gratitude not only
[01:02:20.680 --> 01:02:25.880]  improves your social life, it actually reduces stress and produces tangible physical and mental
[01:02:25.880 --> 01:02:31.240]  benefits. Studies looked at heart attack patients and found that those who became more appreciative
[01:02:31.240 --> 01:02:36.520]  of life actually reduced their risk of suffering another attack. The same went for patients
[01:02:36.520 --> 01:02:41.840]  with neuromuscular disorders. Those who jotted down five things they were grateful for slept
[01:02:41.840 --> 01:02:47.320]  better and had less discomfort than the patients who wrote down five daily hassles. So let's
[01:02:47.320 --> 01:02:52.200]  all focus on the positive and show a little more gratitude. Oh, and thank you for listening.
[01:02:52.200 --> 01:02:57.120]  I really appreciate it. Contact Dr. Catherine Albrecht for StartPage.com, the world's most
[01:02:57.120 --> 01:03:12.200]  private search engine.
[01:03:12.200 --> 01:03:29.640]  I read his book and it says he cares what's over the other side of you. These warm-unders
[01:03:29.640 --> 01:03:34.840]  come by that turn brightly. I won't pay for the war with my body. I ain't gonna pay for
[01:03:34.840 --> 01:03:43.840]  the car with my money. I won't pay for the fun with my body. I ain't gonna pay for the
[01:03:43.840 --> 01:03:51.840]  oil with my body. I won't pay for the boys with my money. I ain't gonna pay for the
[01:03:51.840 --> 01:04:03.840]  kids with my body. The whole agenda smells funny. I wanna fight in a wire of my own.
[01:04:03.840 --> 01:04:08.280]  All right, folks, we are back. This is Rule of Law Radio, the Monday Night Traffic Show,
[01:04:08.280 --> 01:04:12.000]  and I am your host, Eddie Craig. Right now, Deborah has a real quick announcement she's
[01:04:12.000 --> 01:04:16.680]  got to make about the fundraiser. Deborah? Yes. Thank you, Eddie, and I know the phones
[01:04:16.680 --> 01:04:19.960]  are loaded right now. You all are waiting to talk to Eddie, so I will be as brief as
[01:04:19.960 --> 01:04:26.560]  possible. I just wanted to, again, mention about the fundraiser to raise money for the
[01:04:26.560 --> 01:04:33.160]  network to pay for expenses, operating expenses, and equipment upgrades with what you have
[01:04:33.160 --> 01:04:38.240]  given so far. I've been able to pay back some of the loans, not all of it, and I also was
[01:04:38.240 --> 01:04:44.200]  able to upgrade the archive server, which had run out of room. We were out of space,
[01:04:44.200 --> 01:04:49.080]  and that's why I wasn't able to post archives for a while. So I've got the archive server
[01:04:49.080 --> 01:04:54.080]  upgraded, so the archives have all been posted and uploaded since, I guess, it was about
[01:04:54.080 --> 01:05:00.400]  December 20th. We ran out of room. So that's done, and I just wanted to remind folks about
[01:05:00.400 --> 01:05:08.720]  the perks we have going. If you donate $50, you can get your choice of either a Purium
[01:05:08.720 --> 01:05:14.480]  gift card, which you can redeem. There's information on the website for the Purium
[01:05:14.480 --> 01:05:21.880]  Health Food products. I like their rice bran spirulina powder. It's called a Love Powder.
[01:05:21.880 --> 01:05:28.520]  It's something, I forgot what it all stands, what the anacronym is, but it's a vegan product,
[01:05:28.520 --> 01:05:34.320]  and it's loaded with protein, and it's very good. It helps you reduce the acidity in your
[01:05:34.320 --> 01:05:43.920]  system. Or if you need a new DVD burner for your computer, we have a dozen or so Hewlett-Packard
[01:05:43.920 --> 01:05:53.520]  light scribe DVD burners. So you get your choice, and for $75 or more, you get a free
[01:05:53.520 --> 01:05:58.960]  32-ounce bottle of either colloidal silver or ionic silver produced by a silver lungs
[01:05:58.960 --> 01:06:05.240]  generator. We have a listener, actually, a host. He's going to be our newest host, Larry
[01:06:05.240 --> 01:06:11.120]  Wiest, who has a silver lungs generator. He is donating that for folks who donate $75
[01:06:11.120 --> 01:06:18.400]  to the network. If you donate $150, you get both ionic and colloidal silver, a 32-ounce
[01:06:18.400 --> 01:06:23.920]  bottle of each. Now, folks, this is a screening deal because you can pay about $40 for a 10-ounce
[01:06:23.920 --> 01:06:29.480]  bottle of either colloidal or ionic silver at the health food store for good quality.
[01:06:29.480 --> 01:06:36.760]  Now, I do want to make another announcement concerning these perks. I have emailed several
[01:06:36.760 --> 01:06:43.000]  people who have donated in the last few days, last week or so, wanting to know where I've
[01:06:43.000 --> 01:06:48.680]  been telling them, hey, do you want a DVD burner or do you want a Purim gift card? Which
[01:06:48.680 --> 01:06:52.160]  one? And then people who donate more all say, you know, the $75 and say, do you want colloidal
[01:06:52.160 --> 01:06:57.920]  silver or ionic silver? And a lot of these people are writing me back saying, oh, no,
[01:06:57.920 --> 01:07:02.880]  you know, I don't want to get anything because I just want to give for the joy of giving
[01:07:02.880 --> 01:07:07.000]  and, you know, I don't want to feel like I'm getting something in return. Save it for the
[01:07:07.000 --> 01:07:11.680]  ones who need it or ones who really want it or this or that. Okay, folks, it's a very
[01:07:11.680 --> 01:07:18.280]  noble concept and I appreciate that. But I just want to point this out. If you're giving
[01:07:18.280 --> 01:07:23.320]  for the joy of giving, you're still getting something in return. You're getting the joy
[01:07:23.320 --> 01:07:29.600]  of giving in return for giving. So there's really no such thing as complete selfless giving
[01:07:29.600 --> 01:07:35.200]  because you will get something in return even if it's just the joy of giving. Okay, so just
[01:07:35.200 --> 01:07:38.960]  get that out of your head that you don't want anything in return. You're getting something
[01:07:38.960 --> 01:07:42.560]  in return when you want it or not even if it's just the joy of giving. Now, when it
[01:07:42.560 --> 01:07:46.960]  comes to the perks, I'm not paying for any of this. This is not costing the network a
[01:07:46.960 --> 01:07:53.160]  dime to give y'all these perks. These gift cards and these DVD burners and this colloidal
[01:07:53.160 --> 01:08:00.000]  silver is being donated by other listeners who, for the joy of giving, want to give something
[01:08:00.000 --> 01:08:06.400]  to the network and want to give something to the other listeners. Okay, so folks, please
[01:08:06.400 --> 01:08:11.360]  accept these gifts and let's just all enjoy our gifts together. You give to the network.
[01:08:11.360 --> 01:08:15.720]  I enjoy that. The rest of the listeners enjoy it because it enables the network to stay
[01:08:15.720 --> 01:08:21.720]  on the air. You enjoy your gifts. So, folks, please just let us give you the perks. Okay,
[01:08:21.720 --> 01:08:26.280]  please don't write me and say you don't want anything because actually that messes up my
[01:08:26.280 --> 01:08:32.080]  whole spreadsheet when I'm trying to determine what I've done and the people that are coming
[01:08:32.080 --> 01:08:37.040]  in and this sort of thing. So, just let us give you the gifts. As far as the colloidal
[01:08:37.040 --> 01:08:43.960]  and the ionic silver, it's not costing Larry anything to do this other than the shipping
[01:08:43.960 --> 01:08:49.560]  which I am reimbursing him for. So, don't worry about that. When you buy a silver lungs
[01:08:49.560 --> 01:08:56.280]  generator, they give you a lifetime supply of silver. Somebody could go into business
[01:08:56.280 --> 01:09:00.600]  selling colloidal and ionic silver for the rest of their life and they would never have
[01:09:00.600 --> 01:09:04.360]  to buy any more silver for one of these silver lungs generator. That's how much silver they
[01:09:04.360 --> 01:09:11.040]  give you. So, Larry is not out a dime to make this stuff and give it away to y'all. So,
[01:09:11.040 --> 01:09:17.360]  please, if nothing else, you accept the colloidal silver or the ionic silver because that will
[01:09:17.360 --> 01:09:22.960]  preserve your health. I highly encourage you to accept one of these gift cards or the DVD
[01:09:22.960 --> 01:09:29.320]  burner. Listen, the story about the DVD burner and I'm sorry, Eddie, to take up this time,
[01:09:29.320 --> 01:09:34.120]  I'll read the email at some of the point in time. It's a hilarious email from the listener
[01:09:34.120 --> 01:09:38.880]  who's donated this. I'll read it on Thursday. But the bottom line is that they were going
[01:09:38.880 --> 01:09:46.760]  to throw them away, okay? His son works for an IT department at a resort and the IT department
[01:09:46.760 --> 01:09:53.720]  bought too many DVD burners for the computers at the resort and they were on the way to
[01:09:53.720 --> 01:09:59.200]  the dumpster when his son said, no, no, I'll take them. Didn't even know what he was going
[01:09:59.200 --> 01:10:05.360]  to do with them and they are brand new. They've been sitting in the box for months, okay?
[01:10:05.360 --> 01:10:09.680]  Taking up room in this listener's house. So, they are completely free. They were headed
[01:10:09.680 --> 01:10:15.880]  for the garbage can. So, please, don't feel any way about taking these gifts, folks, because
[01:10:15.880 --> 01:10:21.280]  I can see it's about 50 or 60% of these people that are donating are saying, no, I don't
[01:10:21.280 --> 01:10:25.880]  want anything, save them for somebody else. Folks, they're for you, okay? So, I just wanted
[01:10:25.880 --> 01:10:32.800]  to get that out of the way. Now, I have made an official post on the Logos Radio Network
[01:10:32.800 --> 01:10:41.840]  dot com website about the gun giveaway, okay? The Rock River AR-15. If you go to the website,
[01:10:41.840 --> 01:10:46.520]  you'll see a banner at the top of the page. You click on the banner and it will send you
[01:10:46.520 --> 01:10:53.760]  to another page that has more information. Now, you must be 18 or older to win. You must
[01:10:53.760 --> 01:11:00.240]  be able to legally own and possess this rifle in your state and the states, residents of
[01:11:00.240 --> 01:11:08.200]  New York, Massachusetts, California, Connecticut, Hawaii, Virginia, Maryland, Illinois and New
[01:11:08.200 --> 01:11:13.240]  Jersey are not eligible, okay? Sorry. But those are the states that will not allow this
[01:11:13.240 --> 01:11:17.800]  type of possession of this type of weapon. All right, you get a chance to win for every
[01:11:17.800 --> 01:11:25.440]  $20 donation. So, if you want to donate $100, your name will be entered into the hat five
[01:11:25.440 --> 01:11:30.400]  times, okay? So, for every $20, your name goes into the hat. Now, this is technically
[01:11:30.400 --> 01:11:35.760]  not a raffle, okay? Raffles are highly regulated by the federal government and the way we're
[01:11:35.760 --> 01:11:40.040]  running this is not a raffle. We were going to call it a rifle raffle, but it's not a
[01:11:40.040 --> 01:11:46.400]  rifle. So, it's basically, it is a gun giveaway and you get your name put in the hat for every
[01:11:46.400 --> 01:11:52.200]  $20 donation. So, that's about where that's at, folks. And this is not a private transaction.
[01:11:52.200 --> 01:11:58.200]  I just want to make that clear. You will have to have the firearm transferred to your local
[01:11:58.200 --> 01:12:04.440]  FFL dealer and you will have to show your current state government issued ID and fill
[01:12:04.440 --> 01:12:09.320]  out the NIC form. All right, if you don't want to do that, then don't enter. Now, folks
[01:12:09.320 --> 01:12:14.000]  who may want to donate, if you don't want to be part of the gun giveaway, just send me
[01:12:14.000 --> 01:12:20.120]  an email and let me know. Otherwise, starting this previous, starting from last Thursday,
[01:12:20.120 --> 01:12:26.720]  January 10th, everyone who donates $20 in $20 increments is going to get their name put
[01:12:26.720 --> 01:12:31.880]  into the hat. So, if you don't want your name put into the hat, let me know. Send me an
[01:12:31.880 --> 01:12:35.320]  email. If you live in one of these states that I just mentioned, your name is not going
[01:12:35.320 --> 01:12:40.960]  to go in the hat. Now, for folks who donated prior to January 10th, I'm going to send
[01:12:40.960 --> 01:12:44.920]  out an email. I want to give y'all a chance to have your name in the hat, too, since you
[01:12:44.920 --> 01:12:50.160]  already donated. Some of y'all donated a significant amount. So, be expecting that email if you
[01:12:50.160 --> 01:12:56.640]  donated prior to January 10th. Otherwise, everybody from January 10th forward is going
[01:12:56.640 --> 01:13:03.400]  to go into the hat. So, again, go to logosradionetwork.com, click on the banner at the top of the page,
[01:13:03.400 --> 01:13:09.160]  and then that will send you to the other page, too, for the rest of the details. Okay. That's
[01:13:09.160 --> 01:13:12.040]  all I have to say. Thanks, Eddie.
[01:13:12.040 --> 01:13:18.160]  All right. Let's get on with our callers here. First up, we have Clint, who is going to tell
[01:13:18.160 --> 01:13:20.760]  us about a second amendment rally. Clint?
[01:13:20.760 --> 01:13:22.960]  Hey, Eddie. How are you doing?
[01:13:22.960 --> 01:13:24.640]  Doing all right. How are you?
[01:13:24.640 --> 01:13:29.280]  I'm doing very good. Very blessed, man. So, hey, I have a quick announcement. This Saturday,
[01:13:29.280 --> 01:13:37.960]  the 19th of January, 2013, there is going to be a second amendment rally at all the
[01:13:37.960 --> 01:13:44.680]  capitals throughout the nation. It's a nationwide rally. This is being promoted by a website
[01:13:44.680 --> 01:13:55.360]  called guncontrolmorecrime.com. And I heard it personally from a YouTube, a very popular
[01:13:55.360 --> 01:14:04.080]  YouTube user called Nutton Fancy. And on his YouTube, he's been promoted. Sorry, I'm
[01:14:04.080 --> 01:14:13.000]  a little nervous. Let's see. It says 119 million views. So, I know he has a lot of people watching,
[01:14:13.000 --> 01:14:16.240]  so hopefully it'll be successful. But, yeah, that's all I've got.
[01:14:16.240 --> 01:14:19.040]  All right. Well, I appreciate you calling in and letting us know about it.
[01:14:19.040 --> 01:14:20.040]  Yeah.
[01:14:20.040 --> 01:14:21.040]  All right. Thanks.
[01:14:21.040 --> 01:14:22.040]  Good to see you here.
[01:14:22.040 --> 01:14:25.240]  Hey, no problem. Take care. Hopefully we'll see you in class again soon.
[01:14:25.240 --> 01:14:32.600]  All right. Now, we're going to go to Nate, if my board will quit jumping around on me
[01:14:32.600 --> 01:14:35.640]  here. All right, Nate, what can we do for you?
[01:14:35.640 --> 01:14:36.640]  Hey, Eddie.
[01:14:36.640 --> 01:14:37.640]  Hey.
[01:14:37.640 --> 01:14:46.120]  Yeah, I had a little incident on New Year's Eve, and I'm going to court on Wednesday and
[01:14:46.120 --> 01:14:54.840]  just wondering how you think I should proceed. This is the initial appearance, basically,
[01:14:54.840 --> 01:15:07.040]  on Wednesday. It was for public intoxication and, actually, the failure ID that the cop
[01:15:07.040 --> 01:15:12.040]  told me later that it was because I wouldn't ID that he arrested me, so he came up with
[01:15:12.040 --> 01:15:13.040]  the PI thing later.
[01:15:13.040 --> 01:15:14.040]  Of course.
[01:15:14.040 --> 01:15:21.080]  It was on my bicycle, right down the road, which it was kind of a boring night for a
[01:15:21.080 --> 01:15:25.000]  New Year's Eve, so I think they just said, hey, let's pick on this guy.
[01:15:25.000 --> 01:15:31.400]  Yeah, that's about right. Did they draw blood? Did they find any alcohol on you and keep
[01:15:31.400 --> 01:15:34.480]  it? Did they do a breathalyzer or anything like that?
[01:15:34.480 --> 01:15:37.080]  No, no fields, a variety, nothing.
[01:15:37.080 --> 01:15:43.640]  Okay. Demanded dismissal for lack of evidence would be the first thing I would do. Second
[01:15:43.640 --> 01:15:50.160]  thing I would do is I'd criminally complain against the cops, of course, for what they
[01:15:50.160 --> 01:15:55.000]  did, but I would immediately file to have all the charges dismissed for lack of evidence.
[01:15:55.000 --> 01:16:01.440]  They have no evidence whatsoever that you even consumed alcohol. None, not a zip. The
[01:16:01.440 --> 01:16:06.680]  problem with these PIs is even if they, or even open container, for that matter, they
[01:16:06.680 --> 01:16:13.280]  have you pour the evidence out. Go pour out the alcohol. Okay, no problem.
[01:16:13.280 --> 01:16:19.280]  Well, I did have alcohol, but it was completely sealed up and non-opened. I mean, you know,
[01:16:19.280 --> 01:16:23.240]  they're still in the original package, so. Yeah, so they're going to have a real hard
[01:16:23.240 --> 01:16:25.920]  time saying, yeah, he was drunk on what he was carrying.
[01:16:25.920 --> 01:16:31.360]  And that day even gave it back to me on my, when I went to get my bicycle, so.
[01:16:31.360 --> 01:16:37.040]  Yeah. Yeah, you definitely need to do the motion to dismiss for lack of evidence. And
[01:16:37.040 --> 01:16:41.960]  I'd go ahead and say I wish to file criminal charges against the officer for false imprisonment,
[01:16:41.960 --> 01:16:43.960]  aggravated assault, and aggravated kidnapping.
[01:16:43.960 --> 01:16:51.960]  All right. All right. Thanks for going in, Nate. You got anything else? Okay, I'll take
[01:16:51.960 --> 01:16:55.120]  that as a no. All right, folks. We'll be right back on the other side. Amy, when we get
[01:16:55.120 --> 01:17:01.320]  back, we'll be taking your call. We'll be right back.
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[01:19:28.280 --> 01:19:48.280]  Hi, folks, we are back. This is Rule of Law Radio. Okay, Debra has one last thing that
[01:19:48.280 --> 01:19:50.280]  she forgot to tell you about. Debra?
[01:19:50.280 --> 01:19:55.280]  Yes, sorry, I forgot to tell you. People were sending me so many Skype chats as I was trying
[01:19:55.280 --> 01:19:59.280]  to talk on the air and it was distracting me. At any rate, people are asking about the
[01:19:59.280 --> 01:20:06.280]  gun giveaway and relationship to the other perks. Like, if somebody donates $50, do they
[01:20:06.280 --> 01:20:12.280]  either get a perk like the Purim card or the DV drive, or do they get their name into the
[01:20:12.280 --> 01:20:18.280]  hat? No, that's not the way it is. If you donate, say, $50, you get your choice of either a
[01:20:18.280 --> 01:20:25.280]  DV drive or the gift card and your name goes into the hat twice. Okay, so am I clear on
[01:20:25.280 --> 01:20:30.280]  that? Your name's going in the hat, all right? And on top of that, you get one of the perks.
[01:20:30.280 --> 01:20:34.280]  All right, so I just wanted to run that by the listeners. Okay, Eddie, go ahead.
[01:20:34.280 --> 01:20:39.280]  All right. Okay, our next caller up is Amy. Amy, what can we do for you?
[01:20:39.280 --> 01:20:43.280]  Amy?
[01:20:43.280 --> 01:20:44.280]  Yes, I'm here.
[01:20:44.280 --> 01:20:47.280]  Okay, what can we do for you?
[01:20:47.280 --> 01:20:54.280]  Okay, about two years ago, I got in an accident and I didn't receive a ticket. It was a collision.
[01:20:54.280 --> 01:21:01.280]  I ran a red light and they... I told the officers, it's my fault that I don't have insurance.
[01:21:01.280 --> 01:21:06.280]  He says, yes, you do, ma'am. Here's your policy or here's your insurance policy. And he gave
[01:21:06.280 --> 01:21:12.280]  my information to my insurance provider or to the guy I got the wreck with. And I didn't
[01:21:12.280 --> 01:21:19.280]  get a ticket. So anyways, I got my license suspended just last six months ago for a judgment
[01:21:19.280 --> 01:21:21.280]  that's being held against me. The...
[01:21:21.280 --> 01:21:23.280]  A judgment by who for what?
[01:21:23.280 --> 01:21:32.280]  Central Texas Mutual Insurance has $19,000 that I owe and my license is suspended until
[01:21:32.280 --> 01:21:34.280]  I pay that payment in full.
[01:21:34.280 --> 01:21:38.280]  Okay, now wait a minute. Since when can the insurance company petition to have your license
[01:21:38.280 --> 01:21:43.280]  suspended? And second thing is, is whose insurance company is this, yours or the other person's?
[01:21:43.280 --> 01:21:48.280]  The other person's. And it's because Texas law has something that says if you don't...
[01:21:48.280 --> 01:21:53.280]  For no insurance, they're trying to put a... They're, you know, put down on people dropping
[01:21:53.280 --> 01:21:57.280]  with no insurance. My insurance would just lapse and I told them that and he said, no,
[01:21:57.280 --> 01:22:02.280]  it didn't. So now I have this $19,000 that I owe and...
[01:22:02.280 --> 01:22:05.280]  Were you notified of this suit?
[01:22:05.280 --> 01:22:08.280]  Yes, I did get a letter saying that there was a judgment pending and...
[01:22:08.280 --> 01:22:13.280]  No, no, no. Wait, wait, wait. I'm not asking about a judgment. A judgment is after. Were
[01:22:13.280 --> 01:22:17.280]  you notified that they were suing you for $19,000?
[01:22:17.280 --> 01:22:23.280]  Yes, I talked to the attorney for the Central Texas Mutual Insurance Company, yes, but I
[01:22:23.280 --> 01:22:27.280]  didn't get a lawyer. I didn't know that they were going to take my license because I didn't
[01:22:27.280 --> 01:22:29.280]  have a... I didn't get a ticket. I didn't think...
[01:22:29.280 --> 01:22:32.280]  Okay, wait, wait, Amy, you're not following what I'm asking you here.
[01:22:32.280 --> 01:22:34.280]  Yes, I knew I was being sued.
[01:22:34.280 --> 01:22:37.280]  Okay, when did they sue you?
[01:22:37.280 --> 01:22:39.280]  About a year or about a year ago.
[01:22:39.280 --> 01:22:41.280]  And you did not contest it?
[01:22:41.280 --> 01:22:48.280]  I did contest it. I went in there and the insurance guy said that if I signed this paperwork
[01:22:48.280 --> 01:22:53.280]  and made $50 a month of payment until I'm 70 or something, then I'd have it paid off
[01:22:53.280 --> 01:22:57.280]  and I wouldn't sign the paper. I can't sign the paper. I didn't like the judgment that
[01:22:57.280 --> 01:23:03.280]  they had and then he sent me another judgment later on and anyways, they want me to pay
[01:23:03.280 --> 01:23:07.280]  $50 a month incurring next year, pay $100 in the year after that, pay $100 and it's like
[01:23:07.280 --> 01:23:11.280]  I filed bankruptcy, I have to pay it and I'm just not going to sign the paperwork.
[01:23:11.280 --> 01:23:17.280]  And the only thing is, I know that it was my fault and I'm not saying I'm not willing
[01:23:17.280 --> 01:23:22.280]  to pay for whatever it is, but my thing is, okay, if they totaled the car out, it was
[01:23:22.280 --> 01:23:27.280]  a plentiful hour. If they totaled the car out, the car was drivable. He drove off.
[01:23:27.280 --> 01:23:31.280]  Did that car go to salvage? If it is, what is the salvage? What was the price on it?
[01:23:31.280 --> 01:23:35.280]  You know, they won't tell me the attorney's kind of bulldogging me. Like, he won't give
[01:23:35.280 --> 01:23:39.280]  me a, he won't, none of my info, none of my business. He won't tell me the VIN number
[01:23:39.280 --> 01:23:43.280]  of the vehicle because I want to find out if it's still on the road because if it is,
[01:23:43.280 --> 01:23:46.280]  then that number, what they bought it back from salvage should be deducted from the
[01:23:46.280 --> 01:23:52.280]  $19,000. Well, no, it doesn't work that way. Regardless of what the insurance company
[01:23:52.280 --> 01:23:57.280]  paid for the cost of the car, it's still the property of the person that owned it.
[01:23:57.280 --> 01:24:02.280]  The insurance company has the option of either claiming the car for the payment or
[01:24:02.280 --> 01:24:06.280]  allowing the person it belonged to to keep it. That's entirely up to the insurance
[01:24:06.280 --> 01:24:13.280]  company. Okay. So... Well, and then, you know, so my thing is, so now, I guess, to keep
[01:24:13.280 --> 01:24:20.280]  myself from driving illegally, do I file bankruptcy and pay it off in the event that
[01:24:20.280 --> 01:24:25.280]  way? I mean, I've got to be... Well, declaring bankruptcy is not going to stop Texas
[01:24:25.280 --> 01:24:31.280]  from doing what it's doing. Well, if the payment's made in full, then I don't have...
[01:24:31.280 --> 01:24:35.280]  Then there's no reason for my license to be suspended. Okay. Here's the problem,
[01:24:35.280 --> 01:24:40.280]  however. Okay. This is... You're looking at this from an entirely incorrect perspective,
[01:24:40.280 --> 01:24:47.280]  in my opinion. First and foremost, the officer at the scene stated that you had
[01:24:47.280 --> 01:24:54.280]  insurance. Yes. Okay. Your policy was still in effect, or he would not have said that.
[01:24:54.280 --> 01:24:58.280]  I think that when we... When I went and talked to my insurance company the next day,
[01:24:58.280 --> 01:25:02.280]  he said that it was... It was a low cost, a high risk insurance company, and that's
[01:25:02.280 --> 01:25:07.280]  why it wasn't... They didn't cover it. I don't understand what you mean by that.
[01:25:07.280 --> 01:25:12.280]  Either the policy is in force or it isn't. The insurance did not cover it.
[01:25:12.280 --> 01:25:18.280]  That's not the issue, whether or not they covered it. Was your policy in force?
[01:25:18.280 --> 01:25:22.280]  No. Okay. Then why did the officer say it was?
[01:25:22.280 --> 01:25:26.280]  Because their computers were behind. The officer did say that it was,
[01:25:26.280 --> 01:25:30.280]  and he said that they were behind... I told him, I said, I don't have insurance,
[01:25:30.280 --> 01:25:34.280]  and my license is... No, I don't have insurance, and it's my fault.
[01:25:34.280 --> 01:25:40.280]  Okay. Then here's the problem. To my knowledge, the only way they can suspend
[01:25:40.280 --> 01:25:47.280]  your license for that is if you were convicted of a failure to have or provide
[01:25:47.280 --> 01:25:53.280]  financial responsibility charged. So do I go fight it now after my license
[01:25:53.280 --> 01:25:57.280]  is already suspended? Is it too late for that? You're going to have to sue the
[01:25:57.280 --> 01:26:02.280]  Department of Public Safety. They're administratively holding back your license
[01:26:02.280 --> 01:26:08.280]  when there is no conviction on your record that would allow them to do that.
[01:26:08.280 --> 01:26:14.280]  Now, unless there is a separate statute in the insurance code that allows them to
[01:26:14.280 --> 01:26:20.280]  do that, and I don't see how that would be possible, then what the DPS done
[01:26:20.280 --> 01:26:24.280]  is completely illegal. They've deprived you of your license for the private
[01:26:24.280 --> 01:26:29.280]  benefit of an insurance company. Right. Right. And the state can't function
[01:26:29.280 --> 01:26:34.280]  that way. The state's not allowed to act on the private interest of some other
[01:26:34.280 --> 01:26:41.280]  party for profit. They just can't do that. So get an attorney and pay for that
[01:26:41.280 --> 01:26:45.280]  rather than make the $50 a month payment. See, the attorney told me the
[01:26:45.280 --> 01:26:48.280]  Central Texas Mutual Insurance Company, that attorney told me I could make the
[01:26:48.280 --> 01:26:54.280]  payment, and he would negate this or he pulled the suspension. However...
[01:26:54.280 --> 01:26:58.280]  Okay, but you're missing the point. You can sue the insurance company for doing
[01:26:58.280 --> 01:27:02.280]  this, and you can sue the DPS for helping them do it.
[01:27:02.280 --> 01:27:05.280]  Just a little on me. Just a little on me can do that.
[01:27:05.280 --> 01:27:08.280]  Well, I don't know if you can or not. I don't know what your capabilities would
[01:27:08.280 --> 01:27:12.280]  be as far as handling a lawsuit and knowing the law to do it under.
[01:27:12.280 --> 01:27:16.280]  But unless somebody can produce a law that allows the insurance company to
[01:27:16.280 --> 01:27:20.280]  use the power of the state for their own private interest, and I doubt that
[01:27:20.280 --> 01:27:26.280]  statute exists, and if it does, it's unconstitutional on its face, not to
[01:27:26.280 --> 01:27:31.280]  mention highly illegal, then they have a problem.
[01:27:31.280 --> 01:27:37.280]  Right. So get an attorney. Okay. Well, that's what I needed to know.
[01:27:37.280 --> 01:27:40.280]  Okay. Good luck.
[01:27:40.280 --> 01:27:44.280]  All right. All right. Now we're going to go to Marshall.
[01:27:44.280 --> 01:27:48.280]  I don't know what state he's in, but Marshall, what can we do for you?
[01:27:48.280 --> 01:27:51.280]  I was going over here in San Antonio, Texas. I got a letter in the mail.
[01:27:51.280 --> 01:27:54.280]  I know you might have caught wind of it the other day.
[01:27:54.280 --> 01:27:58.280]  It proclaims to be a final notice of the Lincoln parking ticket.
[01:27:58.280 --> 01:28:01.280]  And this is a first-size scene of it.
[01:28:01.280 --> 01:28:05.280]  And it's claiming our records reflect that you have outstanding parking violations
[01:28:05.280 --> 01:28:09.280]  in the city of San Antonio failed to appear for hearing and pay a fine or
[01:28:09.280 --> 01:28:13.280]  respond to previous notices. Therefore, they're demanding immediate payment and
[01:28:13.280 --> 01:28:17.280]  total amount received this notice. And a failure to pay may cause a mobilization,
[01:28:17.280 --> 01:28:21.280]  towing, impoundment, or denial of your driver's license, permit, vehicle registration,
[01:28:21.280 --> 01:28:25.280]  so on. And I looked at the bottom here and it's got a date on it in a time,
[01:28:25.280 --> 01:28:31.280]  which I recall back in October, which is what this is from, that I was
[01:28:31.280 --> 01:28:35.280]  downtown. And it says, Other Violation. And just as the
[01:28:35.280 --> 01:28:39.280]  you know, Turner Street, someone looked it up
[01:28:39.280 --> 01:28:43.280]  and looked at the spot I was at. And I see a sign that says
[01:28:43.280 --> 01:28:47.280]  a two-hour parking from 6 a.m. to 6 p.m.
[01:28:47.280 --> 01:28:51.280]  and this was 7 p.m. And I don't know, it's just strange that I'm doing this thing
[01:28:51.280 --> 01:28:55.280]  it's proclaiming to be a notice. I never got a ticket on my windshield.
[01:28:55.280 --> 01:28:59.280]  And this would even seem that I'd gotten a prior notice.
[01:28:59.280 --> 01:29:03.280]  Yeah, which means to me that, you know, they have a problem, not you.
[01:29:03.280 --> 01:29:07.280]  And it's not even a sign
[01:29:07.280 --> 01:29:11.280]  notice or anything. It's just, this is the man's immediate payment
[01:29:11.280 --> 01:29:15.280]  of 45 bucks. Well, that's, yeah, and if you pay it, guess what?
[01:29:15.280 --> 01:29:19.280]  Sucker. Exactly. So I figure I might as well at least
[01:29:19.280 --> 01:29:23.280]  go down there and... Well, I would send them, I would send them a
[01:29:23.280 --> 01:29:27.280]  notice of tort stating either prove up your claim by showing me the sign
[01:29:27.280 --> 01:29:31.280]  citation that I ever received it and was given notice of it
[01:29:31.280 --> 01:29:35.280]  or drop it.
[01:29:35.280 --> 01:29:39.280]  That'd be the first thing I'd do because they're attempting to
[01:29:39.280 --> 01:29:43.280]  perpetrate fraud. This is how they do it. They'll just send out bogus parking notices
[01:29:43.280 --> 01:29:47.280]  or other types of notices just to see if you'll pay it. Hang on just
[01:29:47.280 --> 01:29:51.280]  second Marsha, we'll pick this up on the other side. Alright folks, this is Rule of Law Radio.
[01:29:51.280 --> 01:29:59.280]  We'll be right back after the break.
[01:29:59.280 --> 01:30:03.280]  A Noble Lie, Oklahoma City, 1995
[01:30:03.280 --> 01:30:07.280]  will change forever the way you look at the true nature of terrorism.
[01:30:07.280 --> 01:30:11.280]  Based on the damage pattern to the building, but the government seems impossible.
[01:30:11.280 --> 01:30:15.280]  The grand jury did not want to hear anything I had to say. The decisions
[01:30:15.280 --> 01:30:19.280]  made not to pursue any more of those individuals. Some of these columns
[01:30:19.280 --> 01:30:23.280]  were ripped up, shredded, tossed around. The people
[01:30:23.280 --> 01:30:27.280]  that did the things they did knew doggone well what they were doing.
[01:30:27.280 --> 01:30:31.280]  Expose the cover up now at anoblelie.com
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[01:33:13.280 --> 01:33:17.280]  Alright folks, we are back. This is Rule of Law Radio. Right now we
[01:33:17.280 --> 01:33:21.280]  are talking to Marshall. Okay Marshall
[01:33:21.280 --> 01:33:25.280]  Yeah, in this case I would
[01:33:25.280 --> 01:33:29.280]  go down and just send them a notice of tort and let them know hey, not doing this
[01:33:29.280 --> 01:33:33.280]  prove it up or shut up. Right, right
[01:33:33.280 --> 01:33:37.280]  and you're saying after a sign
[01:33:37.280 --> 01:33:41.280]  citation and before we got cut off on the break.
[01:33:41.280 --> 01:33:45.280]  Yeah, exactly.
[01:33:45.280 --> 01:33:49.280]  Yeah, I want a copy of whatever citation you
[01:33:49.280 --> 01:33:53.280]  allege you issued to me and so on and so forth. Now be aware
[01:33:53.280 --> 01:33:57.280]  they can create citations based entirely upon driver's records and here's
[01:33:57.280 --> 01:34:01.280]  the other thing, those patrol cars that go around that have the cameras
[01:34:01.280 --> 01:34:05.280]  that do 360 degree tag reading and if you've got
[01:34:05.280 --> 01:34:09.280]  one, do you have one of those new license plates with the barcode on it?
[01:34:09.280 --> 01:34:13.280]  I do not believe so. Okay, even if you don't
[01:34:13.280 --> 01:34:17.280]  they can do optical character recognition on the existing plate but all of the new plates
[01:34:17.280 --> 01:34:21.280]  have a barcode in the lower right hand corner and those cameras can read that barcode
[01:34:21.280 --> 01:34:25.280]  from a good distance. They can, that car can
[01:34:25.280 --> 01:34:29.280]  instantly look up every license plate that it encounters
[01:34:29.280 --> 01:34:33.280]  and they can use that record keeping by that car
[01:34:33.280 --> 01:34:37.280]  where you were at a given date and time for the purpose of fabricating
[01:34:37.280 --> 01:34:41.280]  these citations. So folks, that's one of the other
[01:34:41.280 --> 01:34:45.280]  problems with this surveillance society. Based upon the data collected
[01:34:45.280 --> 01:34:49.280]  by that patrol car, they could simply go issue a ticket to
[01:34:49.280 --> 01:34:53.280]  all these license plate numbers because they were all parked on this street at a certain time of day.
[01:34:53.280 --> 01:34:57.280]  It doesn't matter whether they were illegal or not, we're going to issue them all to see how many people
[01:34:57.280 --> 01:35:03.280]  pay us. This is a spot that we frequent. Every first Friday of the month, we are
[01:35:03.280 --> 01:35:07.280]  changing San Antonio Group, it goes down there, it passes out information and all that.
[01:35:07.280 --> 01:35:11.280]  We can link to Logos Radio Network and this show as well.
[01:35:11.280 --> 01:35:15.280]  So it's a gimmick that we're going to be down there every first Friday of the month.
[01:35:15.280 --> 01:35:19.280]  The only thing I could have thought of at the moment was maybe I'd park
[01:35:19.280 --> 01:35:23.280]  too close to the yield sign or something but regardless if they only get
[01:35:23.280 --> 01:35:27.280]  violation, they should at the site of statute or city code
[01:35:27.280 --> 01:35:31.280]  or regulation, not just other. Yeah, they should but they won't.
[01:35:31.280 --> 01:35:35.280]  They won't even do that if they actually had a complaint. Now the one thing you need to understand is
[01:35:35.280 --> 01:35:39.280]  is that the parking citations are entirely administrative. Right, right.
[01:35:39.280 --> 01:35:43.280]  So first thing is you're going to say I do not agree to any non-judicial
[01:35:43.280 --> 01:35:47.280]  decision making or determinations in this case.
[01:35:47.280 --> 01:35:51.280]  I do not agree or consent. Second thing
[01:35:51.280 --> 01:35:55.280]  is prove it up. What citation are you alleging I issued?
[01:35:55.280 --> 01:35:59.280]  I've never received a citation to my knowledge, blah, blah, blah.
[01:35:59.280 --> 01:36:03.280]  Where is your proof of notice of the citation and of any subsequent
[01:36:03.280 --> 01:36:07.280]  notices? Who signed for them? Where's your certified mail
[01:36:07.280 --> 01:36:11.280]  receipts? Right, right. Because I called over to
[01:36:11.280 --> 01:36:15.280]  the city of a municipal court today and they couldn't
[01:36:15.280 --> 01:36:19.280]  get through the automations. Don't call, write. Do everything
[01:36:19.280 --> 01:36:23.280]  in writing so there is a record. Everything. No exceptions.
[01:36:23.280 --> 01:36:27.280]  Well, because I'll try to get a cause number on this so I can at least
[01:36:27.280 --> 01:36:31.280]  get something. Don't even worry about that. What you've got has the citation number
[01:36:31.280 --> 01:36:35.280]  on it, right? And there won't be a cause number because it's not a court. It's
[01:36:35.280 --> 01:36:39.280]  administrative. Yeah, it's just a ticket number. Yeah, so cite that.
[01:36:39.280 --> 01:36:43.280]  But don't even try to put a cause number on it.
[01:36:43.280 --> 01:36:47.280]  Okay, okay. All right. Thank you very much, sir. You're welcome.
[01:36:47.280 --> 01:36:51.280]  Paul, go. Do you say this was? They gave the business for back in
[01:36:51.280 --> 01:36:55.280]  October. Okay. Yeah, the demand, they prove it up.
[01:36:55.280 --> 01:36:59.280]  All right. Okay. Appreciate it. You're welcome. Thank you.
[01:36:59.280 --> 01:37:03.280]  All right. Now we're going to go to Paul in Texas if I
[01:37:03.280 --> 01:37:07.280]  can get to this again. Paul. Yeah, what can we do for you?
[01:37:07.280 --> 01:37:11.280]  I'm good, man. How you been? All right, so far. Well,
[01:37:11.280 --> 01:37:15.280]  yeah. Well, I'm kind of torn when I want to talk
[01:37:15.280 --> 01:37:19.280]  about, I wish you were actually at court with me today. I had a trial that I went through
[01:37:19.280 --> 01:37:23.280]  and they found me guilty on two charges. But I think I want to talk to you more about
[01:37:23.280 --> 01:37:27.280]  me using your technique on what to say
[01:37:27.280 --> 01:37:31.280]  to police when being pulled over because I did that.
[01:37:31.280 --> 01:37:35.280]  I used that about, oh, I'll say about a month
[01:37:35.280 --> 01:37:39.280]  and a half ago. And I guess what I want to try and understand
[01:37:39.280 --> 01:37:43.280]  is what do I need to keep saying or what do I need to do in order to
[01:37:43.280 --> 01:37:47.280]  prevent myself from going to jail every single time? Well, you're not.
[01:37:47.280 --> 01:37:51.280]  Whether or not you go to jail is entirely up to the discretion of the officer.
[01:37:51.280 --> 01:37:55.280]  You can cooperate 100% and he still will haul you to jail
[01:37:55.280 --> 01:37:59.280]  if he feels like it. Okay. So, well, let me tell you about what happened.
[01:37:59.280 --> 01:38:03.280]  You know, I was traveling back home
[01:38:03.280 --> 01:38:07.280]  from a gig and I happened to get pulled over
[01:38:07.280 --> 01:38:11.280]  by a state troop or a DPS officer. He said
[01:38:11.280 --> 01:38:15.280]  when he came to the car, he said that I was speeding. He asked for license
[01:38:15.280 --> 01:38:19.280]  proof of insurance. And right off the bat
[01:38:19.280 --> 01:38:23.280]  I asked him, what's the emergency
[01:38:23.280 --> 01:38:27.280]  and how can I help you? And he giggled.
[01:38:27.280 --> 01:38:31.280]  You know, and he said, I asked for license and proof of insurance
[01:38:31.280 --> 01:38:35.280]  and I asked, is there a record of this conversation being made?
[01:38:35.280 --> 01:38:39.280]  He said, yes, there is. And I said, well, then for the record
[01:38:39.280 --> 01:38:43.280]  I reserve all my rights, private, inalienable
[01:38:43.280 --> 01:38:47.280]  God-given rights and I'm not
[01:38:47.280 --> 01:38:51.280]  using the highways for commerce, for commercial purposes
[01:38:51.280 --> 01:38:55.280]  nor am I engaging in any transportation activities.
[01:38:55.280 --> 01:38:59.280]  And nor do I consent to being pulled over for those
[01:38:59.280 --> 01:39:03.280]  things. And I asked him, am I under arrest? He said, no.
[01:39:03.280 --> 01:39:07.280]  I said, am I free to go? He said, no. You're being
[01:39:07.280 --> 01:39:11.280]  detained. So I'm not just free to go. He said, no, you're not.
[01:39:11.280 --> 01:39:15.280]  Then I said, well, then for the record, I'd like to go ahead and
[01:39:15.280 --> 01:39:19.280]  invoke my right to remain silent until I have an opportunity to see council
[01:39:19.280 --> 01:39:23.280]  or consult with council. Get out of the car. Get out of the car right now.
[01:39:23.280 --> 01:39:27.280]  One of the things you could have added to that
[01:39:27.280 --> 01:39:31.280]  that would have helped and possibly deterred him from wanting to arrest you
[01:39:31.280 --> 01:39:35.280]  though it's not 100% certainty, it's possible, is one
[01:39:35.280 --> 01:39:39.280]  you ask him his name, which all this is in the new version of the
[01:39:39.280 --> 01:39:43.280]  transportation script. Make sure you get the officer's name and you use it
[01:39:43.280 --> 01:39:47.280]  at every opportunity. Officer so-and-so, I'm invoking my right
[01:39:47.280 --> 01:39:51.280]  to remain silent and my right to assistance of council. This is the part you should have added.
[01:39:51.280 --> 01:39:55.280]  Do you intend to harm or punish me for
[01:39:55.280 --> 01:39:59.280]  invoking my fundamentally protected rights?
[01:39:59.280 --> 01:40:03.280]  Okay. Now, if he
[01:40:03.280 --> 01:40:07.280]  makes you out of the car then in response to that question, then your lawsuit
[01:40:07.280 --> 01:40:11.280]  later has a definitive yes on the end of it.
[01:40:11.280 --> 01:40:15.280]  Okay. Okay. So, well, okay.
[01:40:15.280 --> 01:40:19.280]  Well, let me continue on and let you know. Basically, we grab my door, open my door,
[01:40:19.280 --> 01:40:23.280]  look like he's putting his hand on his gun. So, I just said, listen,
[01:40:23.280 --> 01:40:27.280]  I mean, listen, I'll go ahead and I'll step out, but
[01:40:27.280 --> 01:40:31.280]  I'm doing it under threat, duress, and protest.
[01:40:31.280 --> 01:40:35.280]  Immediately, he said, you're under arrest for failure to identify.
[01:40:35.280 --> 01:40:39.280]  Put handcuffs on me and threw me in the front seat of his cruise.
[01:40:39.280 --> 01:40:43.280]  Like, I mean, immediately there was, and he never asked me for identification. He never asked me
[01:40:43.280 --> 01:40:47.280]  who I was. Right. And that's exactly what that recording is going to show.
[01:40:47.280 --> 01:40:51.280]  Okay. And so, basically, when I add that portion
[01:40:51.280 --> 01:40:55.280]  to it from now on, then later on on the back end, I'll be able to have that
[01:40:55.280 --> 01:40:59.280]  taken care of. Well, you're going to be able to have it taken care of. That just makes it
[01:40:59.280 --> 01:41:03.280]  stronger against the cop. Okay. Because
[01:41:03.280 --> 01:41:07.280]  they can't lawfully punish you for invoking a protected
[01:41:07.280 --> 01:41:11.280]  right, yet that's exactly what they're doing. They're going
[01:41:11.280 --> 01:41:15.280]  to try to compel you to waive the right by punishing you for invoking it.
[01:41:15.280 --> 01:41:19.280]  Okay. Their power to arrest is
[01:41:19.280 --> 01:41:23.280]  entirely discretionary in the statute. He can choose
[01:41:23.280 --> 01:41:27.280]  to do it or not do it, no matter what happens. It is entirely
[01:41:27.280 --> 01:41:31.280]  discretionary. When he abuses that discretion for the
[01:41:31.280 --> 01:41:35.280]  purpose of punishing, that's not within his jurisdiction.
[01:41:35.280 --> 01:41:39.280]  The officer is not allowed to punish.
[01:41:39.280 --> 01:41:43.280]  Okay. And that's what they're doing. So, I mean,
[01:41:43.280 --> 01:41:47.280]  well, I've heard a lot about this. I've heard, you know, other people talk about failure to
[01:41:47.280 --> 01:41:51.280]  identify, and I guess I know that it varies situation to situation.
[01:41:51.280 --> 01:41:55.280]  There are only two situations in which Failure 2 ID applies
[01:41:55.280 --> 01:41:59.280]  and the conditions by which you can violate it in either of those two
[01:41:59.280 --> 01:42:03.280]  sections are this. Failure 2 Identify can be
[01:42:03.280 --> 01:42:07.280]  applied to someone who has already been lawfully arrested for
[01:42:07.280 --> 01:42:11.280]  a separate offense. The key there being lawfully
[01:42:11.280 --> 01:42:15.280]  arrested for that separate offense. And the
[01:42:15.280 --> 01:42:19.280]  person violates Failure 2 ID where if that has
[01:42:19.280 --> 01:42:23.280]  occurred, they refuse to give name,
[01:42:23.280 --> 01:42:27.280]  date of birth, and address. Okay? Okay. The second
[01:42:27.280 --> 01:42:31.280]  one is if they have been lawfully detained
[01:42:31.280 --> 01:42:35.280]  and the only way that can happen is if they are the
[01:42:35.280 --> 01:42:39.280]  person being investigated as the perpetrator or the officer has
[01:42:39.280 --> 01:42:43.280]  reason to believe they are a material fact witness.
[01:42:43.280 --> 01:42:47.280]  That's the only way you can be lawfully detained. And during
[01:42:47.280 --> 01:42:51.280]  the detention, you cannot give false
[01:42:51.280 --> 01:42:55.280]  information regarding your name, address, and date of birth.
[01:42:55.280 --> 01:42:59.280]  You can refuse to answer, but you can't give them false
[01:42:59.280 --> 01:43:03.280]  information during the detention. Okay.
[01:43:03.280 --> 01:43:07.280]  So those are the two criteria in which you can commit Failure 2 Identify.
[01:43:07.280 --> 01:43:11.280]  Okay. So that's pretty much where I was. And you know,
[01:43:11.280 --> 01:43:15.280]  you basically said shut up, keep shutting up, and shut up
[01:43:15.280 --> 01:43:19.280]  some more. That's right. Unless what you say is
[01:43:19.280 --> 01:43:23.280]  directed at doing one of three things, protecting or
[01:43:23.280 --> 01:43:27.280]  invoking, protecting, or demanding your rights. If you say anything
[01:43:27.280 --> 01:43:31.280]  else, that's all it's directed toward. Now what you could
[01:43:31.280 --> 01:43:35.280]  have kept saying, and I'll cover this real quick on the other side, Paul, what you could have kept
[01:43:35.280 --> 01:43:39.280]  saying will cover it then, okay? But just remind me on the other
[01:43:39.280 --> 01:43:43.280]  side about how you could have kept going and enforcing this for the purpose of the record in the
[01:43:43.280 --> 01:43:47.280]  video. Hang on, we'll be right back. Okay, folks, this is
[01:43:47.280 --> 01:43:51.280]  Paul Radio, Sonny Kay. I don't know if that's
[01:43:51.280 --> 01:43:55.280]  Riston, Roaston, however that is. I'll figure it out when we get back. Y'all hang in there, folks.
[01:43:55.280 --> 01:43:59.280]  I'll finish your calls on the other side.
[01:43:59.280 --> 01:44:03.280]  It is so enlightening to listen to 90.1 FM,
[01:44:03.280 --> 01:44:07.280]  but finding things on the internet isn't so easy, and neither is finding
[01:44:07.280 --> 01:44:11.280]  like-minded people to share it with. Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:11.280 --> 01:44:15.280]  Brave New Books? Yes. Brave New Books has all
[01:44:15.280 --> 01:44:19.280]  the books and DVDs you're looking for by authors like Alex Jones, Ron Paul,
[01:44:19.280 --> 01:44:23.280]  Angie Edward Griffin. They even stock inner food, Berkey products, and
[01:44:23.280 --> 01:44:27.280]  Calvin Soaps. There's no way a place like that exists. Go check
[01:44:27.280 --> 01:44:31.280]  it out for yourself. It's downtown in 1904 Guadalupe Street, just
[01:44:31.280 --> 01:44:35.280]  south of UT. Oh, by UT? There's never anywhere to park
[01:44:35.280 --> 01:44:39.280]  down there. Actually, they now offer a free hour of parking for paying customers
[01:44:39.280 --> 01:44:43.280]  at the 500 MLK parking facility just behind the bookstore.
[01:44:43.280 --> 01:44:47.280]  It does exist, but when are they open?
[01:44:47.280 --> 01:44:51.280]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.280 --> 01:44:55.280]  So give them a call at 512-480-2503
[01:44:55.280 --> 01:44:59.280]  or check out their events page at BraveNewBookstore.com.
[01:44:59.280 --> 01:45:03.280]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.280 --> 01:45:07.280]  Win your case without an attorney with Jurisdictionary,
[01:45:07.280 --> 01:45:11.280]  the affordable, easy-to-understand four-CD course
[01:45:11.280 --> 01:45:15.280]  that will show you how in 24 hours, debt by step.
[01:45:15.280 --> 01:45:19.280]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.280 --> 01:45:23.280]  If you don't have a lawyer, know what you should do for yourself.
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[01:45:27.280 --> 01:45:31.280]  can too. Jurisdictionary was created by a licensed attorney
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[01:45:35.280 --> 01:45:39.280]  you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.280 --> 01:45:43.280]  about the principles and practices that control our American courts.
[01:45:43.280 --> 01:45:47.280]  You'll receive our audio classroom, video seminar,
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[01:45:55.280 --> 01:45:59.280]  and click on the banner. Or call toll-free 866-Law
[01:45:59.280 --> 01:46:11.280]  Easy.
[01:46:29.280 --> 01:46:35.280]  Alright folks, we are back. This is
[01:46:35.280 --> 01:46:39.280]  Rule of Law Radio. Alright, we're going to finish up with Paul and try to get to the rest of your calls.
[01:46:39.280 --> 01:46:43.280]  Alright Paul, let's wrap this up. So we were talking about what else
[01:46:43.280 --> 01:46:47.280]  could possibly be said. Yeah, as he's progressively trying
[01:46:47.280 --> 01:46:51.280]  to put you in cuss and everything else, just keep repeating that last part.
[01:46:51.280 --> 01:46:55.280]  Officer so-and-so, are you now punishing me by arresting me
[01:46:55.280 --> 01:46:59.280]  for invoking my rights? Is that your purpose and intent? Are
[01:46:59.280 --> 01:47:03.280]  you punishing me by arresting me for invoking my protected
[01:47:03.280 --> 01:47:07.280]  fundamental rights? Okay. Just keep repeating that along with
[01:47:07.280 --> 01:47:11.280]  his name. Tie him directly to the abuse of his authority.
[01:47:11.280 --> 01:47:15.280]  Okay. Now I don't want to keep you too much long because I know you got a lot more calls
[01:47:15.280 --> 01:47:19.280]  but I got to be honest with you. I got a lot of stuff and hopefully one of these days
[01:47:19.280 --> 01:47:23.280]  will actually have an opportunity. Well you may want to come down to the class. We can cover a lot more in the class
[01:47:23.280 --> 01:47:27.280]  when we can on the show. Well, I'm up here in Fort Worth. I'm
[01:47:27.280 --> 01:47:31.280]  thinking that possibly one of these days I can get down there if I'm not gigging.
[01:47:31.280 --> 01:47:35.280]  Okay. I'll shoot you an e-mail and we'll talk a little bit more if you don't mind
[01:47:35.280 --> 01:47:39.280]  and I'll let you get to some more calls. But I appreciate you man. Alright, no problem. Thanks for calling in.
[01:47:39.280 --> 01:47:43.280]  Thank you. Alright, now we're going to go to Sonny
[01:47:43.280 --> 01:47:47.280]  in Texas. Sonny, what can we do for you?
[01:47:47.280 --> 01:47:53.280]  I'm facing felony charges for evading arrest, resisting arrest,
[01:47:53.280 --> 01:47:57.280]  fictitious life in place. I was arrested October 16
[01:47:57.280 --> 01:48:01.280]  of 2012, transferred to
[01:48:01.280 --> 01:48:05.280]  County Jail until I bailed out on
[01:48:05.280 --> 01:48:09.280]  37,000 bond five days later. I've been
[01:48:09.280 --> 01:48:13.280]  indicted by the Brazoria County Grand Jury
[01:48:13.280 --> 01:48:17.280]  on December 12th. No arraignment.
[01:48:17.280 --> 01:48:21.280]  My pre-trial hearing is January 30th
[01:48:21.280 --> 01:48:25.280]  of this month. So I must file an emotion by this coming Friday.
[01:48:25.280 --> 01:48:29.280]  My question is, how can I object
[01:48:29.280 --> 01:48:33.280]  to this indictment, challenge, addiction, due process,
[01:48:33.280 --> 01:48:37.280]  and other violations of my rights? Do you have legal process that I
[01:48:37.280 --> 01:48:41.280]  can use? Well, since you're being charged
[01:48:41.280 --> 01:48:45.280]  with a felony, you really need to be under the care of a
[01:48:45.280 --> 01:48:49.280]  actual criminal attorney. Now you need to know what the statutes
[01:48:49.280 --> 01:48:53.280]  allow them to do and not do, of course, so you can keep a check on your attorney.
[01:48:53.280 --> 01:48:57.280]  But I highly recommend you don't go in this courtroom alone.
[01:48:57.280 --> 01:49:01.280]  You go in there without an attorney, you're taking an extremely large risk.
[01:49:01.280 --> 01:49:05.280]  Wow. Are we clear on that?
[01:49:05.280 --> 01:49:09.280]  Wow.
[01:49:09.280 --> 01:49:13.280]  Okay. You don't ever go in there if you don't know
[01:49:13.280 --> 01:49:17.280]  court procedure and the law that binds them cold.
[01:49:17.280 --> 01:49:21.280]  You don't go in a courtroom without an attorney when the case involves incarceration.
[01:49:21.280 --> 01:49:25.280]  That's just stupid. Don't do that.
[01:49:25.280 --> 01:49:29.280]  I was thinking of calling a motion for extension of time.
[01:49:29.280 --> 01:49:33.280]  I'm not sure if they're going to grant it or not. Well, again,
[01:49:33.280 --> 01:49:37.280]  did you demand your right to assistance of counsel or did you wave it?
[01:49:37.280 --> 01:49:41.280]  Well, I just,
[01:49:41.280 --> 01:49:45.280]  after I got arrested
[01:49:45.280 --> 01:49:49.280]  and bailed out, I just got to paperwork
[01:49:49.280 --> 01:49:53.280]  about a court date. So I
[01:49:53.280 --> 01:49:57.280]  did. I just doing my homework
[01:49:57.280 --> 01:50:01.280]  trying to... Okay. You haven't appeared in court at all?
[01:50:01.280 --> 01:50:05.280]  No, I never... Did you talk to a magistrate while you were in the jail?
[01:50:05.280 --> 01:50:09.280]  Yes, I did. Okay. Did you tell them you wanted counsel then?
[01:50:09.280 --> 01:50:13.280]  Yes, I did.
[01:50:13.280 --> 01:50:17.280]  Okay. Then has counsel contacted you?
[01:50:17.280 --> 01:50:21.280]  No. Okay. Then something
[01:50:21.280 --> 01:50:25.280]  here's wrong. If you told the magistrate in jail
[01:50:25.280 --> 01:50:29.280]  that you wanted counsel, they were required to fill out the
[01:50:29.280 --> 01:50:33.280]  paperwork and assign counsel and that counsel was required to contact
[01:50:33.280 --> 01:50:37.280]  you within 24 hours.
[01:50:37.280 --> 01:50:41.280]  And you're telling me that hasn't happened since October?
[01:50:41.280 --> 01:50:45.280]  Right. Okay. You've got to do process violation right there.
[01:50:45.280 --> 01:50:49.280]  If you requested counsel and they haven't given you counsel,
[01:50:49.280 --> 01:50:53.280]  that's a big problem.
[01:50:53.280 --> 01:50:57.280]  Right. He kind of said like
[01:50:57.280 --> 01:51:01.280]  you have the right to counsel, you have the right
[01:51:01.280 --> 01:51:05.280]  to file... If you don't
[01:51:05.280 --> 01:51:09.280]  have money, you can file this
[01:51:09.280 --> 01:51:13.280]  after David and things like that.
[01:51:13.280 --> 01:51:17.280]  I never signed any of the paperwork and I didn't
[01:51:17.280 --> 01:51:21.280]  contact any attorney yet. Okay.
[01:51:21.280 --> 01:51:25.280]  But you told him that you wanted counsel.
[01:51:25.280 --> 01:51:29.280]  Yes. Okay. And did they tell you to sign
[01:51:29.280 --> 01:51:33.280]  the paperwork?
[01:51:33.280 --> 01:51:37.280]  No. Okay. Then your signature's not part of the
[01:51:37.280 --> 01:51:41.280]  paperwork requirement. So where's your counsel?
[01:51:45.280 --> 01:51:49.280]  So when you go into court on the 30th, what you do is very simple.
[01:51:49.280 --> 01:51:53.280]  You stand up in front of the court and say, look, I'm not waving any of my rights.
[01:51:53.280 --> 01:51:57.280]  I have never waved any of my rights. Where is my counsel?
[01:51:57.280 --> 01:52:01.280]  I will not enter a plea. I won't do anything
[01:52:01.280 --> 01:52:05.280]  without assistance of counsel. Where are they?
[01:52:05.280 --> 01:52:09.280]  Now be aware, a court-appointed attorney is not going to bust their butt
[01:52:09.280 --> 01:52:13.280]  to help you unless you hold them accountable and make them help you.
[01:52:13.280 --> 01:52:17.280]  That's where you knowing what they're supposed to be doing comes in handy.
[01:52:17.280 --> 01:52:21.280]  Can you help with this process?
[01:52:21.280 --> 01:52:25.280]  Well, I can't help you any more than what reading can. Read the code
[01:52:25.280 --> 01:52:29.280]  of criminal procedure. That's where all the rules are.
[01:52:29.280 --> 01:52:33.280]  I mean, everything that they're
[01:52:33.280 --> 01:52:37.280]  required to do is in there. And when I say they, it's the other side.
[01:52:37.280 --> 01:52:41.280]  But again, basic rights of due process are what's prevalent here.
[01:52:41.280 --> 01:52:45.280]  You have the right to certain things. Your attorney should already know what those are.
[01:52:45.280 --> 01:52:49.280]  Otherwise, you didn't get a very good attorney.
[01:52:49.280 --> 01:52:53.280]  I didn't have an attorney because I didn't have any money.
[01:52:53.280 --> 01:52:57.280]  Well, you don't have to have money to get court-appointed counsel.
[01:52:57.280 --> 01:53:01.280]  That's the whole meaning of court-appointed.
[01:53:01.280 --> 01:53:05.280]  They asked me to sign a few out on affidavit,
[01:53:05.280 --> 01:53:09.280]  proper affidavit or something like that.
[01:53:09.280 --> 01:53:13.280]  Well, I just asked you if they asked you to sign any of the paperwork and you told me no.
[01:53:13.280 --> 01:53:17.280]  Make up your mind. I can't help you if you can't tell me what I'm asking.
[01:53:17.280 --> 01:53:21.280]  If you didn't sign the paupers affidavit, then they're going to assume you have
[01:53:21.280 --> 01:53:25.280]  to sign by counsel.
[01:53:25.280 --> 01:53:29.280]  If you don't, then you need to be mentioning that at trial or whatever
[01:53:29.280 --> 01:53:33.280]  the appearance is that you've got on the 30th.
[01:53:33.280 --> 01:53:37.280]  But you're going to have, don't sign anything that enters a plea.
[01:53:37.280 --> 01:53:41.280]  Tell them I will only sign paper requesting assistance of counsel.
[01:53:41.280 --> 01:53:45.280]  It better not have anything else in it.
[01:53:45.280 --> 01:53:49.280]  Okay. Make sure you read it
[01:53:49.280 --> 01:53:53.280]  before you sign it and be sure that's all it talks about
[01:53:53.280 --> 01:53:57.280]  is giving you counsel and the fact that you cannot afford counsel on your own.
[01:53:57.280 --> 01:54:01.280]  Right. Okay?
[01:54:01.280 --> 01:54:05.280]  Right. All right. Anything else?
[01:54:05.280 --> 01:54:09.280]  No, no, thank you. All right. You're welcome.
[01:54:09.280 --> 01:54:13.280]  I wish I could tell you something better, but don't you go in there without an attorney.
[01:54:13.280 --> 01:54:17.280]  They will throw you so far into the jail they have to pipe you sunlight.
[01:54:17.280 --> 01:54:21.280]  Thank goodness. Thank you. You're welcome.
[01:54:21.280 --> 01:54:25.280]  Thank you in there. Good luck.
[01:54:25.280 --> 01:54:29.280]  All right. Now we're going to go to Kay in New Mexico.
[01:54:29.280 --> 01:54:33.280]  Riston, if you'll hang on, I'm going to try to get this done. Kay, what can we do for you?
[01:54:33.280 --> 01:54:37.280]  Well, I have a court appearance
[01:54:37.280 --> 01:54:41.280]  on the 22nd of January. This is
[01:54:41.280 --> 01:54:45.280]  in relation to citation I received on December the 1st.
[01:54:45.280 --> 01:54:49.280]  I didn't, I was never properly
[01:54:49.280 --> 01:54:53.280]  summoned. They said that the citation
[01:54:53.280 --> 01:54:57.280]  was the notice. And what does
[01:54:57.280 --> 01:55:01.280]  New Mexico statute say on that?
[01:55:01.280 --> 01:55:05.280]  Oh goodness, you would ask me that.
[01:55:05.280 --> 01:55:09.280]  Well, yes, of course I'm going to ask you that. That's the rules of the game that you're playing under.
[01:55:09.280 --> 01:55:13.280]  Right. They say that that's
[01:55:13.280 --> 01:55:17.280]  a valid, well, no, actually they say that you have to
[01:55:17.280 --> 01:55:21.280]  be properly summoned. So I never received a proper
[01:55:21.280 --> 01:55:25.280]  summoned. So, and I go in there with my special appearance
[01:55:25.280 --> 01:55:29.280]  affidavits. And I have a file stamp copy
[01:55:29.280 --> 01:55:33.280]  and the, there is no magistrate
[01:55:33.280 --> 01:55:37.280]  present on the 18th.
[01:55:37.280 --> 01:55:41.280]  So the officer decides he is going to
[01:55:41.280 --> 01:55:45.280]  and New Mexico, the officers act as prosecutors.
[01:55:45.280 --> 01:55:49.280]  Slight problem. Does New Mexico Constitution have a separation of powers
[01:55:49.280 --> 01:55:53.280]  requirement?
[01:55:53.280 --> 01:55:57.280]  Oh boy.
[01:55:57.280 --> 01:56:01.280]  I think they do actually. I'm absolutely positive it
[01:56:01.280 --> 01:56:05.280]  probably does. So right there you got a problem. You have
[01:56:05.280 --> 01:56:09.280]  an executive officer that's trying to act in a judicial capacity
[01:56:09.280 --> 01:56:13.280]  and he can't do it. Right. Okay, well that, well
[01:56:13.280 --> 01:56:17.280]  and he tried to get me entered into play. I told him that in no way she performed
[01:56:17.280 --> 01:56:21.280]  was I able to enter into play because the magistrate was not there.
[01:56:21.280 --> 01:56:25.280]  The guy, the officer kind of skimmed over my affidavit
[01:56:25.280 --> 01:56:29.280]  and scoffed and was like, hey
[01:56:29.280 --> 01:56:33.280]  I, you were never under arrest and I don't understand what this
[01:56:33.280 --> 01:56:37.280]  is about. Not in transportation. Is this the route you want to go?
[01:56:37.280 --> 01:56:41.280]  I said yes sir it is. And I kept my mouth shut.
[01:56:41.280 --> 01:56:45.280]  I mean his conduct went from slightly professional to
[01:56:45.280 --> 01:56:49.280]  extremely non-professional at that point. So
[01:56:49.280 --> 01:56:53.280]  went up to the clerk afterwards and told her that I wasn't able to
[01:56:53.280 --> 01:56:57.280]  enter into a play and she was really gruff and awful.
[01:56:57.280 --> 01:57:01.280]  So on the 21st of December
[01:57:01.280 --> 01:57:05.280]  three days after my bogus appearance
[01:57:05.280 --> 01:57:09.280]  I received a notice of non-dury trial.
[01:57:09.280 --> 01:57:13.280]  It is not signed by anybody, not signed
[01:57:13.280 --> 01:57:17.280]  by the magistrate and there is no citation
[01:57:17.280 --> 01:57:21.280]  is not attached. Okay, in New Mexico
[01:57:21.280 --> 01:57:25.280]  are citations, civil or criminal?
[01:57:25.280 --> 01:57:29.280]  Well, see you don't know
[01:57:29.280 --> 01:57:33.280]  and you need to know because they cannot automatically
[01:57:33.280 --> 01:57:37.280]  waive your right to a jury trial in a criminal proceeding.
[01:57:37.280 --> 01:57:41.280]  You have to waive it. And what you've got there tells me
[01:57:41.280 --> 01:57:45.280]  they waived it for you which means either it's not criminal
[01:57:45.280 --> 01:57:49.280]  or they're depriving you of your right to trial by jury without your consent.
[01:57:49.280 --> 01:57:53.280]  Right. So I would be objective
[01:57:53.280 --> 01:57:57.280]  to all that in writing and make sure it gets into the record.
[01:57:57.280 --> 01:58:01.280]  Reston, I'm sorry man, you got to send me an email with whatever questions
[01:58:01.280 --> 01:58:05.280]  you had and I'll see if I can respond back to it. I apologize
[01:58:05.280 --> 01:58:09.280]  for running out of time. Kay, is there anything else in the last few seconds?
[01:58:09.280 --> 01:58:13.280]  Yes. Aside from my motion to dismiss and my affidavit
[01:58:13.280 --> 01:58:17.280]  for non-transportation, do I need to file anything other than those things?
[01:58:17.280 --> 01:58:21.280]  I need some more facts. Put the rest of it
[01:58:21.280 --> 01:58:25.280]  down in an email and send it to me as well.
[01:58:25.280 --> 01:58:29.280]  Eddie, eddyeatruleoflawradio.com, okay? Thank you so much.
[01:58:29.280 --> 01:58:33.280]  You're welcome. Alright folks, this has been the Monday Night Rule of Law Radio
[01:58:33.280 --> 01:58:37.280]  show on traffic. I am your host Eddie Craig. Thank you all for being here
[01:58:37.280 --> 01:58:41.280]  listening and calling in. Thanks again for supporting us.
[01:58:41.280 --> 01:58:51.280]  Good night and God bless.
[01:59:11.280 --> 01:59:16.280]  Call us toll free at 888-551-0102
[01:59:16.280 --> 01:59:20.280]  or visit us online at bfa.org.
[01:59:20.280 --> 01:59:24.280]  This translation is highly accurate and it comes with over 13,000
[01:59:24.280 --> 01:59:28.280]  cross references, plus charts and maps and an outline
[01:59:28.280 --> 01:59:32.280]  for every book of the Bible. This is truly a Bible you can understand.
[01:59:32.280 --> 01:59:36.280]  To get your free copy of the New Testament recovery version, call us
[01:59:36.280 --> 01:59:41.280]  toll free at 888-551-0102
[01:59:41.280 --> 01:59:45.280]  that's 888-551-0102
[01:59:45.280 --> 02:00:07.280]  or visit us online at bfa.org.