ROL_2013-04-15_16k.timecode
[00:00.000 --> 00:07.280] You're listening to The Liberty Beat, your daily source for Liberty News and activist
[00:07.280 --> 00:11.280] updates online at www.TheLibertyBeats.com.
[00:11.280 --> 00:17.400] John Bush here with your Liberty Beat for April 15, 2013.
[00:17.400 --> 00:20.400] Gold open today at $1537.
[00:20.400 --> 00:25.840] Silver at $27.01 and Bitcoin is trading at $98.49.
[00:25.840 --> 00:29.840] Today's edition of Liberty Beat is sponsored and parked by tomorrowsmealstoday.com
[00:29.840 --> 00:35.840] on the South Boston Market days every Saturday from 3 to 7 p.m. at 10106 Manchak Road.
[00:35.840 --> 00:41.840] And by Silver Circle Movie, special screening Thursday, April 18 at Flix Brewhouse in Round Rock, Texas.
[00:41.840 --> 00:45.840] Information at silvercirclemovie.com and now the news.
[00:45.840 --> 00:51.840] Peaceful Streets Foundry Antonio Bieler was arrested again Saturday by Austin police officer Richter
[00:51.840 --> 00:55.840] placing a sticker on the back of a city sign. Bieler was stopping by to show his support for
[00:55.840 --> 00:59.840] the police abuse complaint department that the Peaceful Streets Project was putting on
[00:59.840 --> 01:05.840] outside of Travis County Jail. The charge was originally a criminal mischief classy misdemeanor,
[01:05.840 --> 01:11.840] but was later upgraded to a class B misdemeanor as the damage was reassessed to $99.
[01:11.840 --> 01:15.840] Officer Richter spent approximately 20 minutes researching the law regarding the placement of
[01:15.840 --> 01:19.840] stickers on public property before making your rest. The battle for freedom and Liberty continues
[01:19.840 --> 01:25.840] as the Peaceful Streets Project intensifies the pressure on exposing police misconduct.
[01:29.840 --> 01:35.840] The Travis County District Attorney Rosemary Lemberg was arrested Saturday night for driving
[01:35.840 --> 01:40.840] while intoxicated. An anonymous caller reported the DA's vehicle swerving across lanes and
[01:40.840 --> 01:45.840] lingering in the bike lane for over a mile on RM620. Lemberg was arrested and booked into
[01:45.840 --> 01:49.840] the Travis County Jail. Although many citizens are already calling for Lemberg's resignation,
[01:49.840 --> 01:55.840] the DA states that she has no plans to resign and is instead asking for forgiveness from the public
[01:55.840 --> 01:57.840] and requesting a second chance.
[02:01.840 --> 02:07.840] Reuters reports that the World Bank announced Thursday it will lend $3 billion to $5 billion
[02:07.840 --> 02:13.840] per year to India in a so-called four-year plan to help fund development projects in that nation.
[02:13.840 --> 02:17.840] The majority of those funds will be used to finance government-endorsed projects, while
[02:17.840 --> 02:22.840] the World Bank reports the monetary infusion will be used to combat poverty and dramatically
[02:22.840 --> 02:27.840] lower the number of poor families by 2030. India remains on hold one of the poorest nations
[02:27.840 --> 02:51.840] for individuals in the world, with 30% of its people living in sheer poverty.
[02:51.840 --> 02:59.840] This is the Liberty Beat for April 15, 2013. Like us on Facebook at facebook.com slash the Liberty Beat.
[03:51.840 --> 04:01.840] This is the Liberty Beat for April 15, 2013.
[04:01.840 --> 04:11.840] This is the Liberty Beat for April 15, 2013.
[04:11.840 --> 04:21.840] This is the Liberty Beat for April 15, 2013.
[04:21.840 --> 04:31.840] This is the Liberty Beat for April 15, 2013.
[04:31.840 --> 04:41.840] We got too many gangsters doing dirty things. Too much corruption and crime in the streets.
[04:41.840 --> 04:45.840] And the long arm of the law, put a few more in the ground.
[04:45.840 --> 04:51.840] Alright folks, good evening. This is Rule of Law Radio. It is April 15, 2013.
[04:51.840 --> 04:55.840] We are mid-month, one week before my birthday.
[04:55.840 --> 04:59.840] Alright, this is the Monday Night Traffic Show. I am your host, Eddie Craig.
[04:59.840 --> 05:05.840] And I've got a couple things I want to talk about before we get jumped on the bandwagon of taking callers here.
[05:05.840 --> 05:11.840] The first thing is I want to thank everyone that may be listening now for all of the emails and everything.
[05:11.840 --> 05:17.840] Facebook posts and everything regarding the presentation I made on Alex Jones last Thursday.
[05:17.840 --> 05:23.840] For any of the Rule of Law listeners that didn't know I was on Alex's show giving a two and a half hour presentation last Thursday.
[05:23.840 --> 05:29.840] Well, I did. Just go to YouTube and Google my name, Eddie Craig, and it will be on there.
[05:29.840 --> 05:33.840] I believe they titled it, Secrets to Police Don't Want You to Know.
[05:33.840 --> 05:39.840] And I gave a two hour presentation on the transportation script, some of the transportation law for Texas,
[05:39.840 --> 05:45.840] and how it applies to us or, more readily, does not apply to us.
[05:45.840 --> 05:51.840] That being said, I got a little tidbit of information right before the show started.
[05:51.840 --> 05:57.840] I would really like to talk about this for just a minute because it's such an interesting deal.
[05:57.840 --> 06:03.840] Okay, you get charged with something in the transportation code that's just to find only a fence
[06:03.840 --> 06:09.840] and some idiot cop thinks he has the right to take you up and lock you up for an entire weekend,
[06:09.840 --> 06:15.840] all because you weren't wearing a seatbelt or you couldn't give him a piece of plastic out of your pocket,
[06:15.840 --> 06:21.840] the number on the sticker in your window was different than he wanted it to be,
[06:21.840 --> 06:29.840] and somehow or other that's a crime because you weren't wearing the right number on your car that day,
[06:29.840 --> 06:37.840] or you couldn't produce a piece of plastic that said, the state said I could do this and so I'm here doing it now.
[06:37.840 --> 06:47.840] That kind of deal, and it haven't helped you if you get hit for something like, you know, a hit and run or DUI.
[06:47.840 --> 06:53.840] Meanwhile, you would spend the entire weekend, if not longer, in jail waiting for somebody to even acknowledge your existence,
[06:53.840 --> 06:57.840] unless you're in Travis County.
[06:57.840 --> 07:03.840] In Travis County, you can be the drunken DA Limburg.
[07:03.840 --> 07:09.840] You can spend a whole five hours in jail and go home as if nothing happened.
[07:09.840 --> 07:19.840] That should be interesting. However, there's a slight problem with these public servants getting away with what they do.
[07:19.840 --> 07:25.840] So this is something you've not heard me talk about before, and it was actually something I was reading the other day,
[07:25.840 --> 07:30.840] and one of our call screeners actually brought it up again tonight to go in relation to this story,
[07:30.840 --> 07:38.840] and I figured, you know what, that's an excellent idea. It's time the people of Texas knew what they are empowered to do
[07:38.840 --> 07:44.840] and forced their public servants to do when they screw up like this.
[07:44.840 --> 07:48.840] And believe me, this is a complete and total screw up.
[07:48.840 --> 07:56.840] If a public servant is going to flaunt the laws they protest us getting into and violating no matter how egregious
[07:56.840 --> 08:01.840] or how stupid the accusation is that they have to use to get us there.
[08:01.840 --> 08:06.840] For instance, I am in complete disagreement with any judge,
[08:06.840 --> 08:16.840] stupid enough to interpret driving under the influence as somebody sleeping in the backseat of their car with their keys in their pocket.
[08:16.840 --> 08:19.840] But they do it.
[08:19.840 --> 08:27.840] I completely disagree with any judge that says because you were standing at the trunk of your car on the ground with the keys in your pocket,
[08:27.840 --> 08:35.840] your car not running, and it's even locked, that you can still be charged with DUI.
[08:35.840 --> 08:44.840] Now, if that was you or me in any of those situations, we would have gone to jail and we would have been there until we could cough up vast amounts of money
[08:44.840 --> 08:52.840] or until they actually decided to let us out for whatever reason, but not the DA.
[08:52.840 --> 09:04.840] This is the person that is supposed to protect the rest of us from the very people that she is one of on more than one occasion.
[09:04.840 --> 09:07.840] It may appear we don't know yet, but we're going to find out.
[09:07.840 --> 09:11.840] How many times has this particular DA been arrested for this?
[09:11.840 --> 09:15.840] Once, twice, ten times, and this is the first you may have heard about it, who knows?
[09:15.840 --> 09:17.840] But I think we need to look into it and find out.
[09:17.840 --> 09:20.840] This, after all, is one of our public servants.
[09:20.840 --> 09:23.840] Let's see what we can do about this.
[09:23.840 --> 09:33.840] If you go to sub-chapter B of the government code here in Texas, or local government code rather, you're going to find a chapter called 87.
[09:33.840 --> 09:42.840] And in section 87.001, or 011, you get a few things here about who gets to do what and so on and so forth.
[09:42.840 --> 09:53.840] But basically, chapter 87 is titled Removal of County Officers from Office, Filling of Vacancies.
[09:53.840 --> 10:02.840] Now, 87.011 definitions in this sub-chapter, District Attorney, includes a criminal district attorney.
[10:02.840 --> 10:10.840] Incompetency means gross ignorance of official duties, gross carelessness in the, carelessness in the discharge of those duties,
[10:10.840 --> 10:24.840] or see unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the officer's election.
[10:24.840 --> 10:40.840] 3. Official misconduct means intentional, unlawful behavior relating to official duties by an officer entrusted with the administrative of justice or the execution of the law.
[10:40.840 --> 10:50.840] The term includes an intentional or corrupt failure, refusal or neglect of an officer to perform a duty imposed on the officer by law.
[10:50.840 --> 11:02.840] Well, let's see. They have certainly worded these statutes here far more carefully than they word the ones they try to use against us.
[11:02.840 --> 11:15.840] Notice right here that this is being limited strictly to what the officer does in relation to their official duties.
[11:15.840 --> 11:32.840] Okay, so right there we have a problem about using what they do outside of their official office, even though it's just as illegal for them as it is anyone else that could be accused of the alleged offense.
[11:32.840 --> 11:40.840] And we would certainly not get any favorable treatment from the statute because of our capacity.
[11:40.840 --> 11:54.840] These individuals do. In other words, their job can't be taken away from them because they're convicted outside of their job for these particular offenses, at least not according to the way the statute's written so far.
[11:54.840 --> 12:11.840] Right here it simply says intentional unlawful behavior relating to official duties by an officer entrusted with the administrative, administration of justice or the execution of the law.
[12:11.840 --> 12:21.840] So right here their ability to be thrown out of office for their actions is limited to actions relating to their specific official duties.
[12:21.840 --> 12:26.840] And for a second we thought the legislature actually cared about protecting the people of Texas.
[12:26.840 --> 12:33.840] Wrong answer, never will happen, not as long as they can play favoritism to the people that will favor them.
[12:33.840 --> 12:36.840] It definitely is us against them.
[12:36.840 --> 12:51.840] Now we can go through and we can study this. We can see there's all kinds of officers that are subject to removal. It says a district judge may under this chapter remove from office, one, a district attorney, two, a county attorney,
[12:51.840 --> 13:07.840] three, a county judge, four, a county commissioner, five, a county clerk, six, a district clerk, seven, a district and county clerk, eight, a county treasurer, nine, a sheriff, ten, a county surveyor,
[13:07.840 --> 13:23.840] eleven, a county tax assessor collector, twelve, a constable, thirteen, a justice of the peace, and fourteen, a county officer not otherwise named by this section whose office is created under the Constitution or other laws of this state.
[13:23.840 --> 13:37.840] Okay, now let me tell you why I have a severe problem with that designation right there about a district judge having the power to remove any of these officers.
[13:37.840 --> 13:44.840] First off, the legislature's got it right. Each and every one of these are constitutional officers.
[13:44.840 --> 14:04.840] Nowhere in the Texas Constitution is one constitutional officer given power and authority over another, at least as far as those in separate branches or departments, and especially those that are actually named specifically as constitutional offices.
[14:04.840 --> 14:13.840] Nowhere in the Texas Constitution is a district judge given authority over the county sheriff or the county constable. Nowhere.
[14:13.840 --> 14:27.840] So where does the legislature get the idea that it can use the power of one constitutional office to remove the people's elected officials from other offices?
[14:27.840 --> 14:45.840] Why wasn't the statute written more comprehensively, that if the county official violates a law or their duty under the Constitution and their oath, then they can be convicted and removed from office.
[14:45.840 --> 14:59.840] That I would go along with, but to give a district judge the power to arbitrarily say we're removing this officer even though they're elected by the people for the cause that I hereby declare.
[14:59.840 --> 15:06.840] And if you look at this, if you read further down, that's exactly what it says. This is how they can be removed, under what conditions?
[15:06.840 --> 15:25.840] 87.013 General Grounds for Removal, subsection A. An officer may be removed for a one, in competency, two, official misconduct, or three, intoxication on or off duty caused by drinking and alcoholic beverage.
[15:25.840 --> 15:31.840] Ding, ding, ding, we have a winner when it comes to the district attorney here.
[15:31.840 --> 15:40.840] We can get rid of her now, according to the statute. Unfortunately, we still run across that constitutionally elected office problem.
[15:40.840 --> 15:55.840] Now, again, if she is convicted of this, then like anyone else, she doesn't deserve to hold a public office. She can't anymore, in fact, if she's charged with a felony and convicted.
[15:55.840 --> 16:05.840] And besides, who wants a public official that is responsible for enforcing particular laws that is perfectly willing to go out and violate it?
[16:05.840 --> 16:10.840] Because they feel like they're not going to be held accountable because of their official position.
[16:10.840 --> 16:25.840] Now, do I know this is true? No. But in this particular woman's case, I don't. But I've worked and been around and spent enough time with them that I sure would accept that as a high level of probability.
[16:25.840 --> 16:31.840] Because they always feel like they're protected. You can tell by the way they act and behave.
[16:31.840 --> 16:38.840] Most of them feel like they can do whatever they want and get away with it because their job's protected. And in most cases, they're right.
[16:38.840 --> 16:40.840] We'll see if this one is true.
[16:40.840 --> 16:49.840] All right, folks, this is Rule of Law Radio. I am going to rant just a little bit more on the other side. So I'll let you know what to do about that when I'm done.
[16:49.840 --> 17:09.840] In the meantime, call in number 512-646-1984 if you want to get up on the board. But hang in there and I'll be right back after the break.
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[17:56.840 --> 17:58.840] So what do you say, Elvis?
[17:58.840 --> 18:00.840] I'm going to learn more.
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[19:20.840 --> 19:40.840] Alright folks, we are back. This is rule of law radio.
[19:40.840 --> 19:44.840] Okay, calling number 512-646-1984.
[19:44.840 --> 19:51.840] Now I'm going to read a little bit about this real quick. This is what's on my Fox Austin KPBC Fox 7.
[19:51.840 --> 19:54.840] This is the article that they've got posted up here.
[19:54.840 --> 20:06.840] And it describes that this lady was found or observed swerving on 620 through both lanes of traffic, all lanes of traffic in fact,
[20:06.840 --> 20:14.840] into the bike lane and so on and so forth. When she was actually pulled over in front of a church, no less,
[20:14.840 --> 20:23.840] when the sheriff's deputy arrived, he found an open vodka container in the front passenger side of the car with her.
[20:23.840 --> 20:27.840] And she said she only had two vodka drinks earlier that day.
[20:27.840 --> 20:38.840] Well, it's open bottle of vodka. So obviously it's been a little bit sooner than earlier that day,
[20:38.840 --> 20:45.840] unless she's going by moments. And in her condition, she probably time warped several times between here and there.
[20:45.840 --> 20:58.840] But in any case, normally according to what this article says, when one of the people in office gets charged with something like this,
[20:58.840 --> 21:02.840] especially if they plead guilty, they're asked to resign.
[21:02.840 --> 21:17.840] Yeah, okay. I know several that have not only been charged and convicted, the charges were either dropped or lowered to such a point as they weren't felonies or anything else.
[21:17.840 --> 21:23.840] Hell, they weren't even jell-able by the time they got done lowering the charges so that they could keep their job.
[21:23.840 --> 21:32.840] But we won't go into the subject of favoritism because we really don't believe that happens in America with our public officials.
[21:32.840 --> 21:43.840] We know them to be of high moral integrity that seek every opportunity to serve the public, provide us with justice, treat us fairly,
[21:43.840 --> 21:56.840] and not subject us to overbearing, demanding rules and regulations that would otherwise interfere with our ability to lead a perfectly normal and self-sufficient life, right?
[21:56.840 --> 22:10.840] I'm sorry. I just had to go there because it seems like ever since I was on Alex Thursday, I have gotten email after email after email and Facebook posts and Facebook posts and Facebook posts all about,
[22:10.840 --> 22:16.840] well, I've been convicted of this. I've been convicted of that. I got charged with this. I got charged with that. I did this. I did that.
[22:16.840 --> 22:29.840] Okay, first off, thank you for the emails, all that, and I appreciate the fact that you think I've got answers to your problems in every case, but one, I'm not in most of your states.
[22:29.840 --> 22:45.840] I don't know your particular state law in relation to this, and there's no way for me to even begin to try to know every state's particular law on every given criminal subject available to them because they will make them up new every other year
[22:45.840 --> 22:52.840] or whatever years they're allowed to sit in office and create this stuff. There's no way for me to become an expert in all of it.
[22:52.840 --> 23:02.840] I've worked hard on the Texas stuff. I know some California stuff. I know some things in other states because I've had opportunity to look up small, minute portions of it.
[23:02.840 --> 23:11.840] But I am not an expert in your particular state law if it's not Texas and only then in certain parts of Texas law that are applicable to what I do.
[23:11.840 --> 23:23.840] So as much as I would like to recommend everything to you, this does require some effort on your parts, like it or not. I am not the oracle out of the matrix.
[23:23.840 --> 23:40.840] Okay, I'm lucky I can predict what I'm going to have for breakfast, lunch, and dinner today, much less what's going to happen to you if you do A, B, or C when you didn't think about A, B, or C when you got caught admitting D, E, and F when you got arrested.
[23:40.840 --> 23:48.840] Okay, I don't do time jumps. I can't go back and undo things you said, evidence discovered, and so on and so forth.
[23:48.840 --> 23:59.840] If you didn't invoke your rights then I can't revive them now. All I can do now is help you learn what your rights are so you don't make that mistake later.
[23:59.840 --> 24:03.840] But there's nothing I can do about what you may have already done.
[24:03.840 --> 24:10.840] Okay, now I'm not saying that to make it look like I don't care. I do. I wouldn't be here if I didn't care.
[24:10.840 --> 24:20.840] But we got to be a little bit reasonable about what the expectations are and what you're asking me to do for you because I can't do everything.
[24:20.840 --> 24:23.840] There's not enough of me to go around as it is.
[24:23.840 --> 24:29.840] So with that in mind, when we get the website launched there will be a lot more resources available to you.
[24:29.840 --> 24:41.840] We hope that with the training we're going to provide people on that site that they'll be able to take the initiative and become the expert in their particular state, in a particular area of law.
[24:41.840 --> 24:50.840] That would be phenomenal. Then you can actually contribute to the information we make available to everyone else.
[24:50.840 --> 24:58.840] Okay, that would be phenomenal, but I can't do it all. Much as I would love to be able to, I just can't do it.
[24:58.840 --> 25:16.840] So keep that in mind. I've always said, ever since I've been doing this, anyone can do what I do. You just have to get mad enough to make yourself want to, bad enough.
[25:16.840 --> 25:37.840] That's where most things that need to be accomplished come from. They're done out of need, out of desire, and sometimes out of sheer anger at the situation and the circumstances that they will not stop doing what needs to be done to find the solution.
[25:37.840 --> 25:42.840] Some of our greatest advances in history were made for those reasons.
[25:42.840 --> 25:53.840] Okay, a lot of what's happening in America is just flat wrong. It couldn't be more wrong.
[25:53.840 --> 26:03.840] Throwing somebody in jail because the number on a sticker in their car window doesn't match the one you think it ought to.
[26:03.840 --> 26:13.840] Telling them they suddenly owe you money because that number didn't match what you think it ought to is ludicrous.
[26:13.840 --> 26:23.840] Same thing if, I mean, Texas had a helmet law for motorcyclists. The motorcyclist went up in arms about it and says, you can't tell me what I can and can't do with my body.
[26:23.840 --> 26:37.840] And what happened? The helmet law is not enforced. If it even still exists, I haven't even bothered to look for it because we know it's not enforced. But if it's on the books and it's not enforced, then what the hell's the problem with the seatbelt law?
[26:37.840 --> 27:02.840] How is a seatbelt restraint? Any less of an invasion on your person or your right to do what you want with your own body than wearing a helmet on a motorcycle, which I'm sure every motorcycle rider in the world will agree, you're at a much larger risk riding around on that motorcycle than you would be on the interior of that car if something goes wrong.
[27:02.840 --> 27:08.840] And yet the people on the motorcycle, and I'm not disagreeing with them, don't get me wrong.
[27:08.840 --> 27:19.840] But they didn't want to wear a helmet and the legislature and the law enforcement eventually had to back down enforcement or get rid of the law entirely and leave them alone.
[27:19.840 --> 27:35.840] But for some reason, they still think they can force us to wear seatbelts and steal money from us when we won't, even though we're not engaged in the regular activity to which the seatbelt requirement even applies. Go figure.
[27:35.840 --> 27:58.840] There's a lot wrong people. Most of it is the fact that the majority of people are ignorant, not only of the facts about what law can and cannot be used to do in relation to the people and their private lives, but what their rights are when it comes to saying no to that intrusion.
[27:58.840 --> 28:07.840] That's part of what I tried to make known on Alex on Thursday. I went through the transportation script piece by piece, explained why we do what we do.
[28:07.840 --> 28:20.840] And I did, I want to acknowledge, I got a lot of emails from current and retired law enforcement officers saying, well, there's some more things here that you didn't think about when you said people keep their windows rolled up and all that stuff.
[28:20.840 --> 28:32.840] Actually, I have thought about it, but I'm trying not to overload too many people too much. There are most assuredly other things that can be done when your windows are at issue.
[28:32.840 --> 28:42.840] And just like what they pointed out, there are things that a good police officer will develop over time to allow him to profile a situation.
[28:42.840 --> 28:53.840] I'm not saying the person in particular, but the situation that will give him the ability to develop a reasonable suspicion that something is out of the ordinary.
[28:53.840 --> 29:09.840] For instance, I had one retired officer send me in information regarding that when it's hot outside and it's very cold inside your car, even that one window rolled down a little bit will expel that cold air out and cause a gust of wind because of the temperature differentials.
[29:09.840 --> 29:24.840] He's correct. He suggested that if you are doing something inside the car that would make that an issue that before you pull over, you roll all your windows down, air out the car, and as you're coming to a stop, roll them back up.
[29:24.840 --> 29:31.840] Well, any observant police officer would immediately notice that you rolled all your windows down and all your windows back up.
[29:31.840 --> 29:41.840] Now, granted, you may get rid of the smell, but that's going to be a profiling tool they can use. So there's lots of different ways to look at this.
[29:41.840 --> 29:51.840] Alright folks, we'll be right back on the other side. This is Rule of Law Radio. I am your host, Eddie Craig. Thank you for listening and hang in there because we'll be right back after this break.
[29:51.840 --> 29:53.840] Let's get started.
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[30:51.840 --> 30:56.840] When that sweetener is in the form of high fructose corn syrup, you put your body at risk for disease.
[30:56.840 --> 31:05.840] We're talking high blood pressure, obesity, especially in children, high cholesterol and insulin resistance that can lead to type 2 diabetes, and that's just part of it.
[31:05.840 --> 31:15.840] Food manufacturers have to list their ingredients on all packaging. Unfortunately, many are now providing alternatives. So the next time you reach for the cookies, ketchup or barbecue sauce, check the label.
[31:15.840 --> 31:22.840] The life you save may be your child's. This is Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:22.840 --> 31:43.840] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.840 --> 31:58.840] Over 6,000 of my fellow service members have given their lives. I'm not a conspiracy theorist. I'm a structural engineer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:58.840 --> 32:25.840] Go to RememberBuilding7.org today.
[32:25.840 --> 32:34.840] There's no way a place like that exists. Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[32:34.840 --> 32:45.840] By UT, there's never anywhere to park down there. Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[32:45.840 --> 33:01.840] It does exist, but when are they open? Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[33:15.840 --> 33:29.840] Yeah, I got the warrant, and I'm gonna send them to the head of government to prosecute them. Okay.
[33:29.840 --> 33:48.840] All right, folks, we are back. This is Rule of Law Radio. All right, call in number 512-646-1984. I am going to start taking your calls.
[33:48.840 --> 33:57.840] We do have what appears to be a first-time caller on the board here with George in what looks like California. George, what can we do for you?
[33:57.840 --> 34:14.840] Hi. Thanks for taking the call. I have two questions. One is, should it ever become necessary? I'd like to know how to file a criminal complaint against a public official, either through a grand jury or the state attorney general.
[34:14.840 --> 34:27.840] Okay, the procedures for all of that will be in whatever constitutes your Code of Criminal Procedure in California, most likely if it's not specifically written into the state constitution. It'll be in statute somewhere.
[34:27.840 --> 34:32.840] But here in Texas, it's written into our Code of Criminal Procedure.
[34:32.840 --> 34:51.840] Okay. Oh, I am in California, so I guess I can check that. I had read the dissertation you gave on, you know, trying to find out where they need going to the courthouse and at the end, asking, you know, mentioning that you have some business with the grand jury.
[34:51.840 --> 35:04.840] I'd like to know if there was a more direct way to get something to them that can't be thrown in the trash, so to speak. Well, no, because you could hand deliver it and they throw it in the trash.
[35:04.840 --> 35:12.840] I mean, short of handcuff them to the table and standing there and reading it to them, there's no definitive way to ensure they do anything with it.
[35:12.840 --> 35:22.840] But the thing is, is that the law gives them certain duties to perform in their capacity as grand jurors, just like it does any other public official.
[35:22.840 --> 35:30.840] And while they're serving on that grand jury, they are a public official. They have official powers.
[35:30.840 --> 35:47.840] And so they have a duty to act using those powers in the interest of the people they're there to serve. When they don't do that, that's when we have a problem. Or when they're ignorant of what those powers are and how to use them, that's when we have a problem.
[35:47.840 --> 35:57.840] You need to understand that most grand juries are controlled and manipulated by the prosecutor in the particular counties or districts where they serve.
[35:57.840 --> 36:06.840] They think that their power is limited to whatever the prosecutor tells them, which is almost never the case.
[36:06.840 --> 36:19.840] Here in Texas, they have very broad powers. In fact, when you're told to file a criminal complaint, you're not told to file it specifically with a magistrate or a DA or law enforcement.
[36:19.840 --> 36:30.840] Though the only people it talks about you actually doing it with are county and district attorneys, magistrates, and the grand jury themselves.
[36:30.840 --> 36:36.840] Nowhere in Texas law does it say we're directed to file criminal complaints with any form of law enforcement.
[36:36.840 --> 36:51.840] That is further substantiated with the fact that the prosecutor and the magistrate are both required by law to forward any felony criminal complaint to the grand jury for them to investigate.
[36:51.840 --> 36:57.840] Nowhere in law is the prosecutor or the magistrate given discretion to ignore that mandate.
[36:57.840 --> 37:06.840] Ah, you're saying to anybody you give it to, whether it's a law enforcement officer. No, that's not what I'm saying.
[37:06.840 --> 37:16.840] Here in Texas, the law specifically directs criminal complaints to be made in front of three particular official capacities.
[37:16.840 --> 37:28.840] A prosecuting attorney for the state, which is either a county or district attorney, some magistrate of the state, or before the grand jury themselves.
[37:28.840 --> 37:31.840] I see.
[37:31.840 --> 37:36.840] Nowhere are we told, go complain to a cop.
[37:36.840 --> 37:39.840] I see.
[37:39.840 --> 37:56.840] So let me ask you this. Related to that then, as I understand it, we can make public policy law through the use of an affidavits and by having a notary certify the non-response of that party, the respondent.
[37:56.840 --> 38:17.840] In effect, is there tacit admission or acquiescence to the fact stated in that affidavit? In effect, does that go to the grand jury as an effect, a confession of crime by that particular agent or officer of the public?
[38:17.840 --> 38:22.840] Okay. What do you mean confession of a particular crime?
[38:22.840 --> 38:31.840] Well, if you use an affidavit where you mention certain actions of a particular officer.
[38:31.840 --> 38:34.840] Okay. Are you that officer?
[38:34.840 --> 38:35.840] No.
[38:35.840 --> 38:38.840] Then how is it a confession?
[38:38.840 --> 38:41.840] By their non-response to your sworn statement.
[38:41.840 --> 38:57.840] There ain't no such thing. In America, the accused doesn't have to respond. The accused does not bear the burden of proof. They're not guilty because they're silent.
[38:57.840 --> 38:59.840] Doesn't an unrebudded affidavit...
[38:59.840 --> 39:10.840] No, it does not in a criminal matter. No, it does not. That completely invalidates the presumption of innocence over guilt.
[39:10.840 --> 39:16.840] Okay.
[39:16.840 --> 39:23.840] So what would be involved then in bringing a complaint? You would just make charges in an affidavit?
[39:23.840 --> 39:35.840] In making, it depends on what your particular state requires as the elements of a complaint. Again, here in Texas, a complaint is just the initiator.
[39:35.840 --> 39:45.840] It's the fuse. It is not the document that allows the courts to do anything other than ask questions and take a preview look at evidence.
[39:45.840 --> 39:53.840] That's it. The complaint is simply the fuse to an actual charge.
[39:53.840 --> 40:02.840] It's the accusatory document, and what's required to be in it is set by statute.
[40:02.840 --> 40:16.840] Here in Texas, once a complaint is made, the law and the Texas Constitution requires that an indictment or information be created based upon that complaint.
[40:16.840 --> 40:17.840] Okay.
[40:17.840 --> 40:38.840] But in order for that to happen, there has to be some form of examining trial to determine whether or not there is enough witness and testimony evidence and physical evidence to support probable cause for going to an actual indictment or trial.
[40:38.840 --> 40:46.840] But they won't give you that here in Texas unless you're charged with a felony.
[40:46.840 --> 41:04.840] But there's nothing in the law that says we're not entitled to it, and in fact, everything in law says that if you follow all of the steps, it's got to be required because you can't make a finding of probable cause in any place except an examining trial.
[41:04.840 --> 41:08.840] Okay.
[41:08.840 --> 41:17.840] So basically, are you saying then that the criminal complaint is a document that...
[41:17.840 --> 41:33.840] That accuses someone of a crime, and it's sworn to by some person in front of some person with authority to administer that oath and verify that statement by the person as the affiant.
[41:33.840 --> 41:36.840] That could include a notary in California.
[41:36.840 --> 41:44.840] Yes, anyone that is officially empowered by the state to administer an oath can do so.
[41:44.840 --> 41:46.840] That can be a notary here in Texas.
[41:46.840 --> 41:49.840] It can also be the county or district attorney.
[41:49.840 --> 41:53.840] It can be any magistrate.
[41:53.840 --> 41:56.840] Okay.
[41:56.840 --> 42:15.840] So somewhat related to that, my question is, is there a way to put evidence in the record that you personally may want to put in that is not subject to the judge's exclusionary rule or authority that they can't ignore?
[42:15.840 --> 42:23.840] It depends on whether or not there's an evidentiary hearing that allows that evidence to be admissible at trial.
[42:23.840 --> 42:29.840] The only time you can put in evidence is at the evidentiary phase of trial.
[42:29.840 --> 42:32.840] Evidence isn't submitted ahead of time.
[42:32.840 --> 42:40.840] Evidence is simply reviewed for propriety and it missability ahead of time.
[42:40.840 --> 42:42.840] Judge, here's what the state wants to use.
[42:42.840 --> 42:44.840] Judge, here's what the defense wants to use.
[42:44.840 --> 42:45.840] Here's what we're asking for.
[42:45.840 --> 42:47.840] Here's what they're asking for.
[42:47.840 --> 42:58.840] Can you please rule on whether or not we can use this or whether we can use that or whether or not I can ask that his evidence be suppressed and not allowed to be admitted and so on and so forth?
[42:58.840 --> 43:00.840] That's an evidentiary hearing.
[43:00.840 --> 43:08.840] Whatever's decided there determines what actual evidence you can use at trial, again, depending upon the type of trial.
[43:08.840 --> 43:30.840] Anyone can always object to the presentation of any evidence based on relevance to the facts of the case, based upon it missability because it was illegally seized or obtained, or the fact that it's not actual evidence at all, or it's tainted in some way.
[43:30.840 --> 43:31.840] Does that help?
[43:31.840 --> 43:32.840] It does.
[43:32.840 --> 43:34.840] It just means then that...
[43:34.840 --> 43:38.840] Okay, well, hang on, George, we're about to take a break. I'll finish up with you on the other side, so hold on.
[43:38.840 --> 43:44.840] All right, folks, this is Rule of Law Radio, the calling number 512-646-1984.
[43:44.840 --> 43:48.840] I've got a full call-a-board, so if you can't get on, keep calling back until you can.
[43:48.840 --> 43:50.840] The rest of you that are on, hang on.
[43:50.840 --> 43:53.840] I will be right back and get to you as fast as I can.
[43:53.840 --> 43:55.840] All right, folks, we'll be right back after the break.
[43:55.840 --> 44:01.840] Are you the plaintiff or defendant in a lawsuit?
[44:01.840 --> 44:12.840] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
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[44:54.840 --> 44:59.840] Or call toll-free 866-LAW-E-Z.
[45:01.840 --> 45:08.840] Mr. President, members of Congress, you've been making a lot of noise about taking our guns away.
[45:08.840 --> 45:10.840] But you might want to review history.
[45:10.840 --> 45:15.840] 1835, Gonzales, Texas Territory.
[45:15.840 --> 45:20.840] The authorities wanted to confiscate the big gun that protected that colony.
[45:20.840 --> 45:22.840] You know what the people said?
[45:22.840 --> 45:29.840] Come and take it, because they were willing to fight for their freedom and their guns.
[45:29.840 --> 45:31.840] So are we.
[45:31.840 --> 45:34.840] Come and take it if you want it.
[45:34.840 --> 45:37.840] Come and take it if you think you can.
[45:37.840 --> 45:40.840] Come and take it, but I want you.
[45:40.840 --> 45:45.840] You'll have to fight it for my own decisions.
[45:45.840 --> 45:48.840] We want the freedom that God gave us.
[45:48.840 --> 45:51.840] So you best not cross that line.
[45:51.840 --> 45:56.840] If you want this done, you've got to come through, because then take it.
[45:56.840 --> 46:00.840] One shot at a time, just like Gonzales.
[46:00.840 --> 46:10.840] We're keeping our guns.
[46:31.840 --> 46:33.840] All right, folks, we are back.
[46:33.840 --> 46:36.840] This is Rule of Law Radio.
[46:36.840 --> 46:41.840] Okay, I'm going to finish up with George here, and then we are going to keep moving forward.
[46:41.840 --> 46:43.840] All right, George, what else you got?
[46:43.840 --> 46:51.840] Just to finish up, so it sounds to me like what you're indicating is that the judge still has discretion on whether,
[46:51.840 --> 46:56.840] let's say, you could create an outfit, David, and put in as evidence in your case,
[46:56.840 --> 46:59.840] and he could still decide whether to allow it or not.
[46:59.840 --> 47:02.840] An affidavit is not evidence.
[47:02.840 --> 47:12.840] Like any other document, an affidavit still has to have foundation laid and relevance asserted by someone that can attest to its contents
[47:12.840 --> 47:15.840] and the reason it's relevant.
[47:15.840 --> 47:23.840] So to get an affidavit in, you must still take the stand and introduce it if you're going to use it as actual evidence.
[47:23.840 --> 47:34.840] Otherwise, it is simply another pleading filed in the record that's either addressed at trial or it isn't.
[47:34.840 --> 47:39.840] So you're saying the facts in the affidavit are pre-trial issues, in other words.
[47:39.840 --> 47:47.840] During the evidentiary phase of the pre-trial evidence hearings for miscibility,
[47:47.840 --> 47:53.840] if you want to raise your affidavit, you can do it then. If the judge deems the facts in it are admissible,
[47:53.840 --> 47:57.840] then someone has to get on the stand to state those facts.
[47:57.840 --> 48:03.840] The affidavit is not testimony. Someone has to testify to its contents.
[48:03.840 --> 48:12.840] If it's your affidavit, that has to be you, or it has to be someone else with competent first-hand fact knowledge of what's in it.
[48:12.840 --> 48:17.840] They were there, they saw it, they swear every fact in it is true and correct,
[48:17.840 --> 48:22.840] and they can testify to what's there as being true and correct.
[48:22.840 --> 48:28.840] Okay. And that's, of course, included in an affidavit. That's always said right there, that you stand ready to testify.
[48:28.840 --> 48:31.840] It's so called upon to do so.
[48:31.840 --> 48:39.840] So at that point in time, are you saying then that you can bring in your own affidavit and it cannot be excluded if you bring it in?
[48:39.840 --> 48:46.840] No, I'm not saying that. It depends on whether or not the facts asserted in the affidavit are relevant to the case
[48:46.840 --> 48:51.840] and the deemed admissible by the judge.
[48:51.840 --> 48:59.840] Well, then that still means that if the judge is using his discretion, he can block valid evidence.
[48:59.840 --> 49:05.840] Well, unfortunately, that's the way the courts have set themselves up to operate.
[49:05.840 --> 49:09.840] Well, is there any remedy to that exclusion then?
[49:09.840 --> 49:17.840] Short of revolution at the moment, I don't see one because they have the guns behind them while telling us we're not allowed to use ours
[49:17.840 --> 49:24.840] until we have enough numbers to change that and make them do their job and make them perform actual justice.
[49:24.840 --> 49:29.840] They're going to do what they think they can get away with. They've been doing it for quite a long time.
[49:29.840 --> 49:32.840] We're not changing that overnight.
[49:32.840 --> 49:35.840] If a notary puts in the affidavit, does that...
[49:35.840 --> 49:43.840] The notary can't put in the affidavit. The notary can only verify the signature on the affidavit.
[49:43.840 --> 49:53.840] Whoever is the affiant in an affidavit has to have competent firsthand knowledge of the facts asserted. Period.
[49:53.840 --> 49:56.840] Okay.
[49:56.840 --> 50:04.840] All right. So whoever having a notary put it in does not make a difference even though they're a state witness and they can verify they got it from you.
[50:04.840 --> 50:08.840] They certified it and put it in the record. That doesn't make a difference.
[50:08.840 --> 50:22.840] Again, the notary cannot put it in. The notary can mail something for you, but the notary can't be the affiant unless the facts they're stating are facts of which they have personal knowledge.
[50:22.840 --> 50:26.840] And then they can't notarize it because they're the affiant.
[50:26.840 --> 50:31.840] Right. They have to have another notary notarized. They're a sworn statement.
[50:31.840 --> 50:41.840] Well, again, that doesn't change the requirement that the statement be based upon facts that they have personal knowledge of.
[50:41.840 --> 50:54.840] So in other words, they sent an affidavit that you created to an official and they can swear that they sent it out and then they can swear through an affidavit of non-response that the party didn't.
[50:54.840 --> 51:00.840] Okay. Wait, wait, wait, wait. You're talking about the notarial process, correct?
[51:00.840 --> 51:01.840] Yes.
[51:01.840 --> 51:07.840] Okay. Again, how's that pretty much any different than certified mail?
[51:07.840 --> 51:16.840] I mean, I understand there is a difference, but all you're wanting to do is to verify that the document was sent and the document was received on the other end.
[51:16.840 --> 51:28.840] Yes, there are certain instances where the notarial process would be the preferred method, but filing pleadings in a court, I don't think so.
[51:28.840 --> 51:31.840] Okay.
[51:31.840 --> 51:36.840] All right. Well, that's what I had heard. I wanted to get another viewpoint on it, so I thank you for that.
[51:36.840 --> 51:39.840] Yes, sir. Not a problem. I hope it was a useful one.
[51:39.840 --> 51:41.840] Thank you.
[51:41.840 --> 51:53.840] All right. That takes care of George. Well, who do we go to now? That would be next in line, which is Dave in Illinois. Dave, what can we do for you?
[51:53.840 --> 51:55.840] Hi, Eddie. How are you doing tonight?
[51:55.840 --> 52:09.840] Well, so far, so good, I get. Good. First off, I'd just like to say, you know, we've talked about those victims up there in Boston, a horrible thing that happened up there today.
[52:09.840 --> 52:20.840] Secondly, I'd like to say, Kudos on Thursday night. That was a great few hours.
[52:20.840 --> 52:30.840] You mean you were able to stay awake for it? Oh, yeah. Well, I'm the same time as you are. I mean, down there in Texas, so we're central time.
[52:30.840 --> 52:36.840] But actually, I've actually watched it three times already. Just getting more information and knowledge.
[52:36.840 --> 52:50.840] Anyway, the reason I called, we had talked last time, trying, you know, like I said, the vehicle, we got a vehicle code up here in Illinois, which is different from what you're transporting.
[52:50.840 --> 53:01.840] Well, it's not different, but yes, it's just a different name for your transportation code. And I couldn't find transportation anywhere defined in the statute.
[53:01.840 --> 53:05.840] But does the statute use terms such as transport?
[53:05.840 --> 53:15.840] Well, actually, I did. I ended up finding it. And it's exactly, and this is what I wanted to read to you.
[53:15.840 --> 53:34.840] It's defined transportation, the actual movement of property or passengers by motor vehicle, together with loading, unloading, and any other ancestral or ancillary service provided by the carrier in connection
[53:34.840 --> 53:40.840] with movement by motor vehicle. Ding, ding, ding. There's your operative word, carrier.
[53:40.840 --> 53:53.840] Carrier. That's, and that's kind of what I got off of your presentation on Thursday. And carrier is not defined in the vehicle code. So...
[53:53.840 --> 53:56.840] Are you sure?
[53:56.840 --> 54:07.840] Yes, I'm positive. I've gone over it several times, and I cannot find the word carrier actually defined inside the vehicle code.
[54:07.840 --> 54:22.840] Now, who is responsible did you search? Illinois should have its statutes online. You should be able to do a word search for all Illinois statutes simultaneously to see if carrier is defined in any other code.
[54:22.840 --> 54:32.840] If you don't find it, who is responsible for the motor vehicle code? Is it the DMV? Is it the DPS in Illinois? Who is responsible?
[54:32.840 --> 54:36.840] It's the Secretary of State.
[54:36.840 --> 54:53.840] Okay, I doubt that specifically. Normally there is a Department of Motor Vehicles that's responsible for anything that deals with marking, maintenance, planning, design, so on and so forth.
[54:53.840 --> 55:06.840] And then you have the DPS, whatever your state trooper organization is in, is usually responsible for licensing, inspections, insurance requirements as far as enforcement goes.
[55:06.840 --> 55:07.840] Right.
[55:07.840 --> 55:18.840] Okay, so in relation to your car being registered as a vehicle, the DMV should be who's responsible for that.
[55:18.840 --> 55:19.840] Right.
[55:19.840 --> 55:31.840] Okay, so given that you send them an information request or a letter simply stating, I can't find a definition for the following term.
[55:31.840 --> 55:44.840] Can you please supply me with either the statute or a departmental determination as to what a carrier is?
[55:44.840 --> 55:45.840] Okay.
[55:45.840 --> 55:55.840] See if they are willing to tell you. I'm willing to bet they won't tell you a whole lot.
[55:55.840 --> 56:07.840] We'd agree with you there probably. Okay. So basically then search online for the word carrier in the Illinois statute.
[56:07.840 --> 56:08.840] Yes.
[56:08.840 --> 56:19.840] And then go DMV, which I'm pretty sure that they're correct. That is who controls basically all the licenses.
[56:19.840 --> 56:26.840] Well, they may actually, well here in Texas the state troopers are the ones that actually issue the license.
[56:26.840 --> 56:31.840] Now as far as the individual, the DMV issues the one for the car.
[56:31.840 --> 56:34.840] Right.
[56:34.840 --> 56:43.840] Well, the DMV here issues the licenses and registrations and everything pretty much.
[56:43.840 --> 56:52.840] Okay, well if that's the case then you've got a one stop shopping center there. But is DMV the one doing the enforcing?
[56:52.840 --> 56:54.840] The enforcing of the actual code.
[56:54.840 --> 57:03.840] The enforcing of the requirement to have the license, the requirement to have the registration and so on and so forth. Who is enforcing that?
[57:03.840 --> 57:06.840] I would assume the police.
[57:06.840 --> 57:11.840] Well, that's an assuming thing. Don't be doing that.
[57:11.840 --> 57:24.840] If you look in the statutes you will almost look for the term department and look for it by each chapter or each sub chapter or subtitle.
[57:24.840 --> 57:33.840] And wherever department gets defined you will see this being defined in one of two ways, 99% of the time.
[57:33.840 --> 57:44.840] It will either be department of motor vehicles is responsible as the department in this chapter or the department of public safety or whatever your particular state trooper organization is called.
[57:44.840 --> 57:50.840] It's responsible for the enforcement of this chapter or and this chapter and that chapter.
[57:50.840 --> 57:52.840] Okay.
[57:52.840 --> 57:54.840] All right. Thank you, Eddie.
[57:54.840 --> 57:56.840] All right, man. Thank you for calling in.
[57:56.840 --> 57:57.840] Uh-huh. Bye-bye.
[57:57.840 --> 57:58.840] Bye-bye.
[57:58.840 --> 58:00.840] Okay, folks. We are about to take our...
[58:00.840 --> 58:02.840] Whoa, time has flown when we were having fun.
[58:02.840 --> 58:08.840] We're about to take our top of the hour break, which gives me about an hour to finish taking these calls and any new ones that crop up.
[58:08.840 --> 58:12.840] So please hang in there, folks. I'll get to you on the other side of this break as quickly as I can.
[58:12.840 --> 58:19.840] But we still have Bob, Mike, Robert and we had a couple other people up here but they appear to have dropped off.
[58:19.840 --> 58:25.840] So, folks, call back in. Get in line because if you disappear on me, I can't take your question.
[58:25.840 --> 58:50.840] So, y'all hang in there. We'll be right back on the other side.
[58:50.840 --> 58:58.840] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.840 --> 59:06.840] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[59:06.840 --> 59:09.840] Enter the recovery version.
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[59:48.840 --> 59:51.840] That's freestudybible.com.
[59:51.840 --> 01:00:11.840] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:00:11.840 --> 01:00:24.840] John Bush here with your Liberty Beat for April 15, 2013. Gold open today at $1537. Silver $27.01 and Bitcoin is trading at $98.49.
[01:00:24.840 --> 01:00:29.840] Today's edition of the Liberty Beat is sponsored in part by tomorrowsmealstoday.com.
[01:00:29.840 --> 01:00:41.840] Austin Market days every Saturday from 3 to 7 p.m. at 10106 Manchak Road and by Silver Circle Movie, special screening Thursday, April 18 at Flix Brewhouse in Round Rock, Texas.
[01:00:41.840 --> 01:00:45.840] Information at silvercirclemovie.com and now the news.
[01:00:45.840 --> 01:00:53.840] Peaceful Streets founder Antonio Bieler was arrested again Saturday by Austin police officer Richter for placing a sticker on the back of a city sign.
[01:00:53.840 --> 01:01:01.840] Bieler was stopping by to show his support for the police abuse complaint department that the Peaceful Streets project was putting on outside of Travis County Jail.
[01:01:01.840 --> 01:01:10.840] The charge was originally a criminal mischief classy misdemeanor but was later upgraded to a class B misdemeanor as the damage was reassessed to $99.
[01:01:10.840 --> 01:01:17.840] Officer Richter spent approximately 20 minutes researching the law regarding the placement of stickers on public property before making your rest.
[01:01:17.840 --> 01:01:24.840] The battle for freedom and liberty continues as the Peaceful Streets project intensifies the pressure on exposing police misconduct.
[01:01:29.840 --> 01:01:35.840] The Travis County District Attorney Rosemary Lemberg was arrested Saturday night for driving while intoxicated.
[01:01:35.840 --> 01:01:42.840] An anonymous caller reported the DA's vehicle swerving across lanes and lingering in the bike lane for over a mile on RM620.
[01:01:42.840 --> 01:01:57.840] Lemberg was arrested and booked into the Travis County Jail. Although many citizens are already calling for Lemberg's resignation, the DA states that she has no plans to resign and is instead asking for forgiveness from the public and requesting a second chance.
[01:01:57.840 --> 01:02:12.840] Reuters reports that the World Bank announced Thursday it will lend $3 billion to $5 billion per year to India in a so-called four-year plan to help fund development projects in that nation.
[01:02:12.840 --> 01:02:16.840] A majority of those funds will be used to finance government endorsed projects.
[01:02:16.840 --> 01:02:31.840] While the World Bank reports the monetary infusion will be used to combat poverty and dramatically lower the number of poor families by 2030, India remains on hold one of the poorest nations for individuals in the world with 30% of its people living in sheer poverty.
[01:02:31.840 --> 01:02:49.840] Support for the Liberty Beat comes from PureRainUSA.com, chemical and fluoride-free bottled water available at Whole Foods and Central Market, and by Central Texas Gun Works, self-defense training CHL courses and firearm sales, online at CentralTexasGunWorks.com.
[01:02:49.840 --> 01:03:02.840] This is the Liberty Beat for April 15, 2013. Like us on Facebook at Facebook.com slash The Liberty Beat.
[01:03:19.840 --> 01:03:48.840] Alright folks, we are back. This is Rule of Law Radio. Alright, we have another first time caller. This is Robert in Nevada. Robert, what can I do for you?
[01:03:48.840 --> 01:04:04.840] Hello Robert. I thought I heard something in the background there. One last call out for Robert.
[01:04:04.840 --> 01:04:13.840] Well alright, we'll try to come back to Robert here in a bit. In the meantime, let's pick this back up with Bob in Texas. Bob, what can we do for you?
[01:04:13.840 --> 01:04:26.840] Hello Mr. Craig. A heart felt thanks for all the time, trouble and effort you put into this. I too chose an expired sticker to help fight for what's right.
[01:04:26.840 --> 01:04:50.840] And of course, after spending four days in jail, I was finally relieved. But my question pertains to particularly the procedures that are to be followed. First was arraignment. Next is to be a hearing. That'll be where I present my documentation that I wasn't involved in transportation or challenged to subject matter jurisdiction.
[01:04:50.840 --> 01:05:04.840] Okay, wait a minute. What level of offense are you charged with? I'm charged with three total. I'm here to show a physical inspection.
[01:05:04.840 --> 01:05:24.840] Is that an offense or an infraction? I'm going to wager by your silence. You haven't read the statute you're charged under, have you?
[01:05:24.840 --> 01:05:40.840] Bob? Okay, well that didn't work out as planned. Seems like we may have lost Bob or he got disconnected or something. We'll wait for him to call back in. Yep, he dropped off the board. So we'll have to wait for him to call back in and try this again.
[01:05:40.840 --> 01:05:48.840] In the meantime, let's go to Johnny in Texas. Mike, Robert, I see y'all there. See y'all hang on. Alright, Johnny, what's up?
[01:05:48.840 --> 01:06:06.840] Eddie, I just wanted to comment on your previous caller from California. I can't remember his name. I'm talking about how to get evidence into the record when the judges want to shut you down, shut you up.
[01:06:06.840 --> 01:06:24.840] Yeah, that would be George, I think. George, yeah, that's it. Usually if I have something that I want to say or that I want to get into the record and the judges start talking over me, telling me I can't make objections and all that, you always have a few options.
[01:06:24.840 --> 01:06:44.840] One is if there is anything that you wanted to say or if there's an objection that you wanted to make and they threatened you and told you, if you say another word, you're going to go out of here and handcuffs or whatever, you can always go back the next day and file written objections into the record and make it clear that you wanted to make these objections during the hearing
[01:06:44.840 --> 01:07:00.840] and you were threatened out of doing so. That way you can still get them in the record if you have to go on appeal. But usually what I do is if they try to keep me from reading an affidavit into the record or making statements into the record,
[01:07:00.840 --> 01:07:17.840] I'll just very calmly tell the judge, look for the record. I'm exercising my right to make and preserve my records and to make offers of proof for the record. I have that right. I am attempting to exercise that right.
[01:07:17.840 --> 01:07:31.840] And from this point forward, regardless of anything else that happens, the record is going to show one of two things. Either it's going to show that I successfully exercised the right or it's going to show that you violated it or the record, which will it be.
[01:07:31.840 --> 01:07:41.840] Nine times out of ten, they will shut up and let me say what I have to say. But if they don't, like I said, you can always go back the next day and file written objections.
[01:07:41.840 --> 01:07:48.840] And do be aware at times the judge will leave orders that you're not to file anything else in the case and the clerk will attempt to prevent that.
[01:07:48.840 --> 01:07:56.840] Well, that's fine. You know, criminal charges can be filed on the clerk for that. That's also a denial of due process and a denial of access to the court.
[01:07:56.840 --> 01:07:59.840] Oh, I agree. I'm just making the listeners aware of it.
[01:07:59.840 --> 01:08:19.840] It happened. I've never had a judge issue in order saying, don't let this guy file anything into the case file. But if that were to happen, I'd go right across the street to the federal building and file under 28 USC 242 for denial of due process and denial of access to the court.
[01:08:19.840 --> 01:08:23.840] Yep. That's one of those things we go to the DOJ and complain about. Official oppression.
[01:08:23.840 --> 01:08:37.840] Yep, that too. And so there are, you know, it's like I tell people, you know, in law you have remedy or recourse. Remedy, you are trying to, you know, stop a harm before it happens, essentially.
[01:08:37.840 --> 01:08:43.840] It's a way out from under the law. And if you, you know, if you can't get remedy, then you have recourse, which is after the facts.
[01:08:43.840 --> 01:08:46.840] I think you've got those backwards, don't you?
[01:08:46.840 --> 01:08:47.840] What?
[01:08:47.840 --> 01:08:51.840] Remedies after you've been harmed. Recourses to prevent.
[01:08:51.840 --> 01:09:07.840] Well, my understanding of it is the reverse. But either way, you have one or the other. You either try to prevent something before it occurs or you, you know, you go back and try to make it right after it's happened.
[01:09:07.840 --> 01:09:18.840] And obviously trying to prevent the harms before they occur is what you want and it's what you're there in the court seeking. And it's what they don't want you to have and it's what they'll always try to cheat you out of.
[01:09:18.840 --> 01:09:28.840] And when they do that, you know, they'll handle, they'll hand you on a silver platter, the option of going back after the fact and making it right.
[01:09:28.840 --> 01:09:36.840] And they generally, you know, they can preclude you from one or the other, but not both at the same time.
[01:09:36.840 --> 01:09:54.840] So that's what I try to tell people, too, is don't get frustrated, you know, you may not win your case, but nine times out of ten, if they affect that you don't win your case, by the end of it, they've given you all kinds of crap that you can file on them, you know, after the fact.
[01:09:54.840 --> 01:10:08.840] So anyway, I just, I thought those things might help torch a little bit. Also, what is the notary thing that he's talking about is, in Texas, it's called a notarial certificate of protest, which is valid basically.
[01:10:08.840 --> 01:10:18.840] He's kind of misconstruing it. You don't really use it for criminal cases. It's more for commercial instruments.
[01:10:18.840 --> 01:10:36.840] And then if you send somebody a demand for payment or a demand to produce an instrument or something like that, you can actually write up your request, give that to the notary and have the notary send it on your behalf and direct the recipient to direct his or her response back to the notary.
[01:10:36.840 --> 01:10:52.840] So basically, the notary is a go-between, and the notary keeps a log of what was sent on what date and time, and then the notary can do a notarial certificate of protest saying, you know, I sent all these letters on this guy's behalf and this other guy didn't respond, and it is a form of a, like, a mini-judgment.
[01:10:52.840 --> 01:10:56.840] But it's purely commercial. It's for negotiable instruments and demand.
[01:10:56.840 --> 01:11:00.840] Correct. It has absolutely no bearing in a criminal case whatsoever.
[01:11:00.840 --> 01:11:10.840] Absolutely. So I just wanted to throw that out there, too. And I know you got a full board, so I just thought that might help George out a little bit, and I'll drop off and listen to the rest of the show.
[01:11:10.840 --> 01:11:12.840] All right. Thanks for calling in, Johnny.
[01:11:12.840 --> 01:11:13.840] Thanks, Eddie.
[01:11:13.840 --> 01:11:18.840] All right. Now, I hope that was useful information for you, George, if you're still listening out there.
[01:11:18.840 --> 01:11:23.840] Okay, let's try one more time. Robert, in Nevada, Robert, are you there?
[01:11:23.840 --> 01:11:26.840] Yes, I am this time. Thanks for taking my call. Appreciate it.
[01:11:26.840 --> 01:11:29.840] Yes, sir. What can we do for you?
[01:11:29.840 --> 01:11:36.840] Two subjects, and I think I know what you're going to answer on this one, but I'll throw it at you anyway.
[01:11:36.840 --> 01:11:46.840] I was watching an episode of a police reality show, and it was Boston's finest, and they came behind a car that was speeding.
[01:11:46.840 --> 01:11:52.840] The car turned the corner real quick. They pulled him over, asked for license registration.
[01:11:52.840 --> 01:11:59.840] They didn't ask if they could search their car. And I was wondering if that speeding had was sufficient probable cause for him to do that.
[01:11:59.840 --> 01:12:02.840] No. That's why they asked.
[01:12:02.840 --> 01:12:05.840] So he could have said, no, you cannot, and they would have asked.
[01:12:05.840 --> 01:12:06.840] Absolutely.
[01:12:06.840 --> 01:12:07.840] Okay.
[01:12:07.840 --> 01:12:14.840] Just say no to warrantless searches. The only time they allegedly, the courts having created this doctrine,
[01:12:14.840 --> 01:12:21.840] the courts are stupid enough to say that your right to privacy in your car is not the same as your right to your privacy in your home.
[01:12:21.840 --> 01:12:26.840] They say the castle doctrine doesn't apply even, there's no such thing as a mobile castle.
[01:12:26.840 --> 01:12:31.840] Like I knew this for you, Mr. Judge, my property is my property. It doesn't matter where it is.
[01:12:31.840 --> 01:12:38.840] It doesn't matter any of that. You're not allowed to take it or intrude upon it without a warrant, you doofus.
[01:12:38.840 --> 01:12:45.840] But they try to say that the officer can search your car incident to arrest.
[01:12:45.840 --> 01:12:47.840] Okay.
[01:12:47.840 --> 01:12:53.840] Now, here's their problems in the way they go about this, especially as it relates to these so-called transportation charges.
[01:12:53.840 --> 01:13:01.840] The officer normally will have your car towed, even when it is not a danger to the public in any way, shape, or form.
[01:13:01.840 --> 01:13:08.840] Now, remember, he is not having your car towed for the purpose of seizing it as evidence of any crime.
[01:13:08.840 --> 01:13:19.840] He is having it towed as a punishment to you for having it out there to begin with, and the officer is not authorized to punish anybody.
[01:13:19.840 --> 01:13:24.840] When he takes your car without a warrant, that's an illegal seizure.
[01:13:24.840 --> 01:13:31.840] When he searches your car without a warrant, the courts say as long as he's arrested you first, that's okay.
[01:13:31.840 --> 01:13:34.840] However, there are caveats to that.
[01:13:34.840 --> 01:13:44.840] The court has made it very clear he cannot go into any locked area of the car, such as the trunk or the glove box without a warrant.
[01:13:44.840 --> 01:13:49.840] So here's the way I solve that little problem whenever I get stopped. I get out of my car.
[01:13:49.840 --> 01:13:55.840] I lock the door, I throw the keys in the front seat, I close the door, and I stand there with a big grin on my face going,
[01:13:55.840 --> 01:14:03.840] what you gonna do now? But that's just me. The whole time he's yelling at me, get back in your car.
[01:14:03.840 --> 01:14:06.840] Oh, sorry, can't do that. What do you mean you can't do that?
[01:14:06.840 --> 01:14:10.840] Well, door's locked, keys are in the front seat, can't get in, sorry.
[01:14:10.840 --> 01:14:13.840] Well, why would you do that? How do you plan on getting home?
[01:14:13.840 --> 01:14:18.840] Well, however I need to. Why do you ask, you know?
[01:14:18.840 --> 01:14:26.840] But in any case, now their ability to search the car, even if they arrest you without a warrant, is non-existent.
[01:14:26.840 --> 01:14:35.840] Because the courts have said the only reason that they allow that search to begin with is so that you can't get to a weapon in the interior of the car
[01:14:35.840 --> 01:14:38.840] that would allow you to cause harm to that officer.
[01:14:38.840 --> 01:14:48.840] Well, I've seen case law that says once they've got you in custody and put in the back of a cruiser, even if the car was left standing wide open,
[01:14:48.840 --> 01:14:58.840] there's no authority to search without a warrant because it's impossible for you to have access to the car to get at any weapon that may be inside
[01:14:58.840 --> 01:15:01.840] in order to cause harm to that officer.
[01:15:01.840 --> 01:15:04.840] And then of course you have other courts that rule exactly the opposite of that.
[01:15:04.840 --> 01:15:09.840] Usually it's the federal courts who want to expand the police power as far as possible.
[01:15:09.840 --> 01:15:21.840] This is just one of the reasons why there should be no such thing as star ray decisis and why there should be no such thing as judicial interpretation.
[01:15:21.840 --> 01:15:30.840] Either the law fully complies with the Constitution, the rights of the people, and that public servant's oath of office to administer that law,
[01:15:30.840 --> 01:15:35.840] or that law is unconstitutional, end of story.
[01:15:35.840 --> 01:15:37.840] That's how it should work.
[01:15:37.840 --> 01:15:39.840] Sure.
[01:15:39.840 --> 01:15:42.840] And at least my next question, Eddie, you...
[01:15:42.840 --> 01:15:44.840] No, we can't shoot them yet.
[01:15:44.840 --> 01:15:47.840] No, no, no, no.
[01:15:47.840 --> 01:15:54.840] You suggested a week or two ago in your broadcast that the Constitution was written with a poison pill or a self-destruct mechanism.
[01:15:54.840 --> 01:15:55.840] That is correct.
[01:15:55.840 --> 01:15:58.840] Please expound on that because I've heard that before, but...
[01:15:58.840 --> 01:15:59.840] Sure.
[01:15:59.840 --> 01:16:06.840] The federal Constitution, in the very same clause everybody is arguing about considering Barack Obama's eligibility.
[01:16:06.840 --> 01:16:10.840] Who can be president of the United States?
[01:16:10.840 --> 01:16:16.840] Well, grammatically speaking, and believe me, punctuation in law is extremely important.
[01:16:16.840 --> 01:16:24.840] You leave a comma out or a period out or something out that belongs there to show exactly what the conditions of that contract or agreement require,
[01:16:24.840 --> 01:16:30.840] or that law sets a duty to do, you can change the entire meaning and purpose of that law.
[01:16:30.840 --> 01:16:34.840] But if you'll hang on just a second, I'll finish that up on the other side, Robert.
[01:16:34.840 --> 01:16:35.840] We've got a break coming up here.
[01:16:35.840 --> 01:16:38.840] So just hold on and I'll finish that on the other side, okay?
[01:16:38.840 --> 01:16:39.840] Okay.
[01:16:39.840 --> 01:16:41.840] All right, folks, this is Rule of Law Radio.
[01:16:41.840 --> 01:16:43.840] Yes, I still see you folks up on the board.
[01:16:43.840 --> 01:16:44.840] Y'all hang in there.
[01:16:44.840 --> 01:16:46.840] I'll get to you this as quick as I can.
[01:16:46.840 --> 01:16:47.840] Call in number.
[01:16:47.840 --> 01:16:52.840] Well, we only got about 45 minutes to go, so it's 512-646-1984.
[01:16:52.840 --> 01:16:55.840] Call and get in line if you can, and I'll try to get to you.
[01:16:55.840 --> 01:16:57.840] We'll be right back after the break.
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[01:18:59.840 --> 01:19:20.840] This is the Logos Radio Network.
[01:19:20.840 --> 01:19:43.840] Hi folks, we are back. This is Woolablau Radio.
[01:19:43.840 --> 01:19:50.840] Okay, I'm in the middle of answering Robert's question on the Federal Constitution having a built-in self-destruct clause.
[01:19:50.840 --> 01:20:01.840] Again, in that, you're going to find that the first three pieces of that paragraph dealing with who is eligible to be President of the United States,
[01:20:01.840 --> 01:20:07.840] you will see that grammatically speaking, it's broken into three independent pieces.
[01:20:07.840 --> 01:20:15.840] The first one is who is eligible to be President of the United States under this condition. The second is natural born citizen under this condition.
[01:20:15.840 --> 01:20:24.840] Okay, and then the third condition is at the time of the adoption of this Constitution.
[01:20:24.840 --> 01:20:46.840] Condition one is conjoined with condition three. Condition two is conjoined with condition three. To be eligible, you had to be either condition one or condition two at the time of the adoption of this Constitution as stated in condition three.
[01:20:46.840 --> 01:20:59.840] That means that only the people that were alive at the time the Constitution was adopted were ever eligible to be President.
[01:20:59.840 --> 01:21:06.840] Once the last one of those individuals died, no one was eligible.
[01:21:06.840 --> 01:21:16.840] Now, according to what I've read and studied on that subject and what I've seen in the National Archives, those commas weren't always there.
[01:21:16.840 --> 01:21:31.840] Two of those commas were inserted when it left the floor of the Congressional Convention and went into the Stiles Committee to be formatted and properly punctuated in order to be voted on.
[01:21:31.840 --> 01:21:42.840] Somebody inserted commas that didn't belong there, thus changing the entire constructive meaning of those three conditions.
[01:21:42.840 --> 01:21:46.840] So you're saying not only Barack, but his processes weren't either.
[01:21:46.840 --> 01:21:48.840] Correct.
[01:21:48.840 --> 01:21:50.840] Wow, I didn't know that.
[01:21:50.840 --> 01:22:02.840] Now the question is, what is the United States? Because if the federal Constitution is invalid, so is everything created by it? That would include the federal government.
[01:22:02.840 --> 01:22:07.840] So what do we have functioning up there? It's certainly not a government. We know that.
[01:22:07.840 --> 01:22:16.840] And if the Constitution did self-destruct, that explains why everybody on Capitol Hill thinks they can do whatever they want no matter what it says.
[01:22:16.840 --> 01:22:32.840] But because of the effect it would have on the individual states of the Union and the power and control of the federal government, the courts have done everything possible to create rulings that give it the appearance of being valid currently.
[01:22:32.840 --> 01:22:36.840] So removing those commas was the self-destruct.
[01:22:36.840 --> 01:22:37.840] Adding them.
[01:22:37.840 --> 01:22:39.840] Oh, adding them.
[01:22:39.840 --> 01:22:40.840] Wow.
[01:22:40.840 --> 01:22:44.840] Take it to any English teacher. See if they tell you anything different.
[01:22:44.840 --> 01:22:49.840] That's interesting. Is that Article 1, Section 10, I believe?
[01:22:49.840 --> 01:22:53.840] Section 10. Okay. I got to read that.
[01:22:53.840 --> 01:22:55.840] Okay. Thanks, Deputy.
[01:22:55.840 --> 01:22:57.840] You're very welcome. You have a good night.
[01:22:57.840 --> 01:22:59.840] And it's ex-deputy, by the way.
[01:22:59.840 --> 01:23:00.840] I'm sorry.
[01:23:00.840 --> 01:23:02.840] It's ex-deputy, by the way.
[01:23:02.840 --> 01:23:04.840] That's too bad. You're a bigger good one.
[01:23:04.840 --> 01:23:08.840] Ah, well, I couldn't keep working for a bigger crook than those I had in the jail, so.
[01:23:08.840 --> 01:23:11.840] That's a good. See you.
[01:23:11.840 --> 01:23:20.840] All right. Thanks for calling in. All right, now we're going to go to, let's see, have we done, let's see, Robert in Texas.
[01:23:20.840 --> 01:23:22.840] Robert, what can we do for you?
[01:23:22.840 --> 01:23:25.840] Yeah, is this Eddie Power Punch, Craig?
[01:23:25.840 --> 01:23:26.840] Power Punch?
[01:23:26.840 --> 01:23:29.840] Yeah, the legal Power Punch.
[01:23:29.840 --> 01:23:35.840] Well, that's the first I would have heard of that nomenclature, but it is Eddie Craig. I'll give you that much.
[01:23:35.840 --> 01:23:43.840] That's what you're working on, though, isn't it? I mean, that's what we all are going to try to work on, that legal Power Punch to get things in order, as it were.
[01:23:43.840 --> 01:23:47.840] Well, I'm willing to try that one first. Let's go that far.
[01:23:47.840 --> 01:24:01.840] Okay. Well, the reason I'm calling is I just had a real quick question. I entered a special appearance, a motion to dismiss, and then, remember, I emailed you and she said that it would probably go to warrant.
[01:24:01.840 --> 01:24:11.840] If I didn't come in and appear, then I entered the declination to a plea. And I'm just wondering how long do they have or how long is the time until I hear something from them?
[01:24:11.840 --> 01:24:12.840] Is there a set amount?
[01:24:12.840 --> 01:24:25.840] You're not going to hear anything from them other than something telling you your trial date or court appearance date has been set, or they're going to surreptitiously enter a warrant against you, even though you did appear.
[01:24:25.840 --> 01:24:36.840] Now, make very sure that when you go in to file a document, you get it date stamped by the clerk. That's proof that you appeared in the court in compliance with the date on the citation.
[01:24:36.840 --> 01:24:45.840] If they arrest a warrant after or send a warrant out and you get arrested under it after that, oh, that's going to be a big, big problem for them.
[01:24:45.840 --> 01:24:55.840] Yeah, yeah. Well, yeah, I'm just amazed. I mean, you know, it's like you said, if you read one paragraph, you know more than they do.
[01:24:55.840 --> 01:24:57.840] Well, that's a given these days.
[01:24:57.840 --> 01:25:17.840] Oh, and I just wanted to make a comment to the caller for you have from Illinois. While I was waiting, I got on the Illinois legislature site and looked up the traffic code and then the title and definitions. It does indeed stay. I mean, one of the definitions outright says commerce is trade, commerce or transportation.
[01:25:17.840 --> 01:25:30.840] I mean, it's just outright and then it goes into like all the other definitions of commercial vehicle, et cetera, et cetera. So yeah, they definitely have, you know, transportation, commerce, you know, it's all related and there it is in black and white.
[01:25:30.840 --> 01:25:40.840] If that guy will go to 625, the ILCS and look in the definitions, you can find that there. I mean, that's what I did on my spare time. Aren't you proud of me?
[01:25:40.840 --> 01:25:46.840] Yes, I'm glad you put in that effort on behalf of someone else. That makes you a fighter just like the rest of us.
[01:25:46.840 --> 01:25:51.840] Exactly. Well, listen, and I just want to thank you for answering my emails and everything you do for everybody.
[01:25:51.840 --> 01:25:57.840] But I just got to like sit and wait and see what they do next, I guess, right?
[01:25:57.840 --> 01:26:11.840] Yes, if you do get pulled over expecting to tell you there's an outstanding warrant, what you need to be doing is documenting the date and everything you appeared in affidavits, send all that stuff in by certified mail to be filed with the court,
[01:26:11.840 --> 01:26:25.840] showing that you did appear on such and such date. Here's a copy of the file stamp on this document to prove it. If a warrant was ever issued for you, then the warrant is being issued after the fact and so on and so forth.
[01:26:25.840 --> 01:26:29.840] Okay. So just put a, what is that quash, quash warrant?
[01:26:29.840 --> 01:26:30.840] Motion to recall.
[01:26:30.840 --> 01:26:34.840] Recall. Okay. And that's in the traffic seminar material, right?
[01:26:34.840 --> 01:26:35.840] Yes.
[01:26:35.840 --> 01:26:40.840] Okay. I'll look it up then. And well, like I said, thanks a lot, Eddie. I really appreciate you.
[01:26:40.840 --> 01:26:42.840] Okay. Well, I appreciate you. Thank you so much.
[01:26:42.840 --> 01:26:43.840] Bye-bye.
[01:26:43.840 --> 01:26:44.840] Bye-bye.
[01:26:44.840 --> 01:26:51.840] All right. Now, let's see, where are we? Ruby in Texas. Ruby, what can we do for you?
[01:26:51.840 --> 01:27:05.840] Hi. Good evening, Eddie. The question I have is, well, you know, about the dog incident and what I had with the code violation.
[01:27:05.840 --> 01:27:16.840] Yeah. You have five dogs. The San Antonio City Ordinance doesn't allow five dogs. A dog catcher showed up at your place and wanted entry to count your dogs and inspect your property.
[01:27:16.840 --> 01:27:31.840] You denied an entry, telling them you were not going to allow them to trespass. Somebody called the cops. The cops then told you they were going to arrest you for failure to identify while you were standing in your own yard and admitted on the record that you have no rights and they need no warrants.
[01:27:31.840 --> 01:27:33.840] That's correct.
[01:27:33.840 --> 01:27:39.840] My question is, would there be something that, since that incident, that would...
[01:27:39.840 --> 01:27:44.840] You need to sit down and write out everything that happened in detail.
[01:27:44.840 --> 01:27:45.840] Yes.
[01:27:45.840 --> 01:28:00.840] Then you need to boil that down to specific statements of fact. No coloration, no embellishment, simple, straight up. This happened on this date and this time. Officer so-and-so then did A. Officer so-and-so then did B.
[01:28:00.840 --> 01:28:14.840] Straight up statement of facts. Put it into an affidavit form, go get it notarized, file it in your case, and then I would attach copies of it to criminal complaints against the officer and everybody else that was on scene.
[01:28:14.840 --> 01:28:24.840] Of course. That's beautiful. That's exactly what I'm in the process of doing. I've already said the statement. I haven't had to certify... had to have notary stamp it yet.
[01:28:24.840 --> 01:28:30.840] It's properly distilled down to the necessary facts before you do that, okay?
[01:28:30.840 --> 01:28:38.840] Exactly, Yeti. My question though, I just want to know if there would be anything that would cause them to get a warrant.
[01:28:38.840 --> 01:28:41.840] They can't get a warrant after the fact.
[01:28:41.840 --> 01:28:48.840] Okay, okay. Well, that was there. It's beautiful. I'm looking at their little faces and everything and I'm just like, ugh.
[01:28:48.840 --> 01:28:55.840] If they attempt to get a warrant and backdate it, somebody is in real trouble when you decide to sue them.
[01:28:55.840 --> 01:29:02.840] Okay, beautiful. Okay, that's great. Then you've answered my question and I'm going exactly from there.
[01:29:02.840 --> 01:29:04.840] Okay, appreciate you calling in.
[01:29:04.840 --> 01:29:07.840] And then everybody needs to go to your class. It's great.
[01:29:07.840 --> 01:29:18.840] Well, thank you. Yeah, folks, definitely come to the class. The class actually has been pretty good size the last couple of weeks. It needs to get bigger. It's way too small.
[01:29:18.840 --> 01:29:26.840] Too few people have an interest in protecting themselves. I don't know why, but that appears to be the case.
[01:29:26.840 --> 01:29:33.840] All right. Now, who do we have next? Dallas in Texas. Sometimes I think that's a joke, but Dallas, we're going to a break.
[01:29:33.840 --> 01:29:38.840] So if you'll hang on, I'll pick you up on the other side and we'll go from there. All right, folks, this is rule of law radio.
[01:29:38.840 --> 01:29:43.840] We got about a half an hour to go and I think I've only got a couple of people left up on the board.
[01:29:43.840 --> 01:29:47.840] I'm going to have to check on my call screen here and make sure. But y'all hang in there.
[01:29:47.840 --> 01:29:52.840] I'll get to you guys on the other side and anybody knew that pops up as long as you're here in time.
[01:29:52.840 --> 01:29:54.840] We'll be right back after the break.
[01:29:54.840 --> 01:29:56.840] We'll be right back.
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[01:33:01.840 --> 01:33:11.840] You're listening to the Logos Radio Network at LogosRadioNetwork.com
[01:33:31.840 --> 01:33:42.840] Alright folks, we are back. This is Rule of Law Radio.
[01:33:42.840 --> 01:33:47.840] Okay, now we have Mike in Texas.
[01:33:47.840 --> 01:33:51.840] I'm sorry, not Mike. Dallas, I'm clicking on the wrong one here.
[01:33:51.840 --> 01:33:53.840] Dallas, what can we do for you?
[01:33:53.840 --> 01:34:04.840] Hey Eddie, I just wanted to update a little bit of information on the traffic violation that the wife received while traveling through the state of Mississippi on Easter Sunday.
[01:34:04.840 --> 01:34:05.840] Okay.
[01:34:05.840 --> 01:34:17.840] I had been in contact with the court and they were pretty, they didn't want to give me any contact information.
[01:34:17.840 --> 01:34:25.840] They basically told me, you got three choices. Guilty, not guilty, hurt the people.
[01:34:25.840 --> 01:34:30.840] And I said, well, I think the different. I would really like to talk to the county attorney.
[01:34:30.840 --> 01:34:36.840] Well, after a week of trying to call this guy, he finally called me back today, which I thank him for.
[01:34:36.840 --> 01:34:45.840] And it was very interesting. As long as this man presumed that I was a fellow bar card holder, he was very nice and forthcoming with information.
[01:34:45.840 --> 01:34:54.840] But as soon as he realized that I was asking questions for the citation that my wife had received, he completely shut down.
[01:34:54.840 --> 01:34:57.840] He said, he hung up. As a matter of fact, he hung up the phone off.
[01:34:57.840 --> 01:35:11.840] He told me that because of a statutory code called implied consent, that I have only three choices to do away with the traffic violation.
[01:35:11.840 --> 01:35:13.840] Guilty, not guilty, hurt the people.
[01:35:13.840 --> 01:35:19.840] I explained to the man, look, I believe I have the right to make an informed and educated plea.
[01:35:19.840 --> 01:35:23.840] And in order to do that, I need to have some information.
[01:35:23.840 --> 01:35:28.840] Oh, you can't get it. Mississippi doesn't allow you to discover any hung up the phone.
[01:35:28.840 --> 01:35:35.840] So I called back. This kind of secretary, he says, is this Mr. Dallas?
[01:35:35.840 --> 01:35:36.840] I said, yes, ma'am.
[01:35:36.840 --> 01:35:44.840] Well, this research and such has informed me that this is what you need to do. And I said, are you not giving me legal advice?
[01:35:44.840 --> 01:35:49.840] And she goes, why are you being so rude? And I said, ma'am, I just asked your question.
[01:35:49.840 --> 01:35:53.840] So I wonder what your thoughts are on this implied consent.
[01:35:53.840 --> 01:36:02.840] If it still stands to reason with me that I have to be the code of transportation has to be applicable to me or my wife.
[01:36:02.840 --> 01:36:10.840] Well, it does. And the presumption here is that your license, because did your wife give the officer one?
[01:36:10.840 --> 01:36:15.840] Yeah, there you go. Therefore, that's where they're getting implied consent.
[01:36:15.840 --> 01:36:18.840] However, they have a slight problem.
[01:36:18.840 --> 01:36:19.840] Okay.
[01:36:19.840 --> 01:36:26.840] The implied consent statute is relevant to what states statutes on transportation.
[01:36:26.840 --> 01:36:29.840] Would be the Mississippi State Statute.
[01:36:29.840 --> 01:36:32.840] Where did your wife's license get issued?
[01:36:32.840 --> 01:36:35.840] That would be the Great Republic of Texas.
[01:36:35.840 --> 01:36:45.840] Okay. So how does the implied consent under a Mississippi issued license bind someone in Texas to the same thing?
[01:36:45.840 --> 01:36:50.840] You're reading my thoughts as I was talking to this guy today.
[01:36:50.840 --> 01:36:55.840] But how do I get a chance to discover this or even follow motion?
[01:36:55.840 --> 01:36:59.840] I mean, I called back to the court today and I asked to speak with the judge and they said,
[01:36:59.840 --> 01:37:06.840] well, we're not going to give you a phone number for the judge's chambers, but we'll take your name and number and we'll give him a message if you'd like to speak with me.
[01:37:06.840 --> 01:37:10.840] Okay, that's the best I can do for now. The best I can do.
[01:37:10.840 --> 01:37:15.840] But the 23rd of April is exactly approaching and that's the court date.
[01:37:15.840 --> 01:37:20.840] And I've explained to those people, look, we live 250 miles away from that court.
[01:37:20.840 --> 01:37:29.840] It would cause undue financial stress on this family for us to have to drive down there just to enter a plea to the court.
[01:37:29.840 --> 01:37:38.840] This is the 21st century. There's got to be somewhere I can send a motion by mail or to do a telephonic carrying or something, but we don't allow that here.
[01:37:38.840 --> 01:37:41.840] This is not a criminal or civil charges traffic.
[01:37:41.840 --> 01:37:47.840] Well, I'm dumbfounded at the lunacy of it all.
[01:37:47.840 --> 01:37:54.840] I understand what you're saying, but do you have any suggestions as to how should I just send it?
[01:37:54.840 --> 01:37:57.840] Okay, well, first you need to look at Texas law.
[01:37:57.840 --> 01:38:02.840] Texas has what's called a driver's license compact, which was done in 1993.
[01:38:02.840 --> 01:38:06.840] With states that share information, right?
[01:38:06.840 --> 01:38:16.840] Well, yeah, but what it is, it's actually a compact between states that each state will honor the other states licensed drivers and operators.
[01:38:16.840 --> 01:38:21.840] Okay, the problem is, is that's not you and me.
[01:38:21.840 --> 01:38:23.840] I understand that.
[01:38:23.840 --> 01:38:40.840] Plus, there's the other little problem that if the federal constitution was valid, there's a specific prohibition in the federal constitution forbidding any state to make a compact with any other state without congressional approval.
[01:38:40.840 --> 01:38:51.840] Well, again, if in order to get congressional approval for that compact, it would have to be an area of federal authority and interest.
[01:38:51.840 --> 01:38:52.840] Would it not?
[01:38:52.840 --> 01:38:54.840] That would seem logical to me.
[01:38:54.840 --> 01:38:55.840] Correct.
[01:38:55.840 --> 01:39:08.840] Because we don't need federal consent for anything the state can do in and of itself, only if it has something to do with which the federal government would have any jurisdictional authority.
[01:39:08.840 --> 01:39:19.840] So, when it comes to compacts between states relating to driver's licenses, what could that possibly be?
[01:39:19.840 --> 01:39:28.840] I would say that each state would respect the laws of the...
[01:39:28.840 --> 01:39:30.840] Now, you're missing the point.
[01:39:30.840 --> 01:39:31.840] Okay.
[01:39:31.840 --> 01:39:49.840] The federal relevance here is Title 49 USC, the Commercial Motor Carrier Safety Act, which is where every state requires licensing, registration, and proof of financial responsibility is all tied into at the federal level.
[01:39:49.840 --> 01:39:56.840] It has to do with commerce, interstate, and commerce, to be exact.
[01:39:56.840 --> 01:40:00.840] That's why the feds must approve the compact.
[01:40:00.840 --> 01:40:03.840] Okay, how about you, Harold?
[01:40:03.840 --> 01:40:04.840] Okay.
[01:40:04.840 --> 01:40:09.840] Well, I'll continue to try and push for what discovery I can get out of them.
[01:40:09.840 --> 01:40:13.840] Well, do yourself a favor and do a search for implied consent.
[01:40:13.840 --> 01:40:14.840] Put that in double quotes.
[01:40:14.840 --> 01:40:16.840] Go to the Texas statute website.
[01:40:16.840 --> 01:40:19.840] Pull up the transportation code as your search code.
[01:40:19.840 --> 01:40:29.840] Type in implied consent inside of double quotes, and you're going to get four specific chapter references out of the transportation code.
[01:40:29.840 --> 01:40:31.840] And read them all.
[01:40:31.840 --> 01:40:45.840] 521 isn't really relevant because all that talks about is that the department, when they issue a license, has to give the applicant information about what constitutes implied consent.
[01:40:45.840 --> 01:40:46.840] Okay.
[01:40:46.840 --> 01:40:53.840] I don't recall, heck, every time I've gone in there, I don't remember ever getting any paperwork dealing with implied consent.
[01:40:53.840 --> 01:40:55.840] But still, there it is.
[01:40:55.840 --> 01:40:56.840] Okay.
[01:40:56.840 --> 01:40:57.840] Thank you, Eddie.
[01:40:57.840 --> 01:40:58.840] You're welcome.
[01:40:58.840 --> 01:40:59.840] All right.
[01:40:59.840 --> 01:41:00.840] Bye-bye.
[01:41:00.840 --> 01:41:01.840] All right.
[01:41:01.840 --> 01:41:02.840] Bye-bye.
[01:41:02.840 --> 01:41:03.840] Okay.
[01:41:03.840 --> 01:41:05.840] Now we're going to go to Dave in Illinois.
[01:41:05.840 --> 01:41:06.840] That's who dropped off before.
[01:41:06.840 --> 01:41:08.840] Mike, I will get to you, so hang in there.
[01:41:08.840 --> 01:41:13.840] Dave, you got about a little over two minutes before we hit break, and I have to move again.
[01:41:13.840 --> 01:41:14.840] Okay.
[01:41:14.840 --> 01:41:17.840] Just real quick, I talked to you earlier.
[01:41:17.840 --> 01:41:24.840] I did find the carrier part in there, which was, you know, by your search.
[01:41:24.840 --> 01:41:25.840] Thanks for that.
[01:41:25.840 --> 01:41:27.840] That was helpful.
[01:41:27.840 --> 01:41:34.840] But it defines in there a private carrier by motor vehicle, means any person engaged in
[01:41:34.840 --> 01:41:39.840] the transportation of property or passengers by motor vehicle other than for hire, whether
[01:41:39.840 --> 01:41:44.840] the person is the owner or leaseee or bailee of the...
[01:41:44.840 --> 01:41:45.840] Okay, wait.
[01:41:45.840 --> 01:41:46.840] Back up.
[01:41:46.840 --> 01:41:47.840] Start that again.
[01:41:47.840 --> 01:41:49.840] This is the definition for what?
[01:41:49.840 --> 01:41:52.840] Private carrier by motor vehicle.
[01:41:52.840 --> 01:41:53.840] Okay.
[01:41:53.840 --> 01:42:00.840] Means any person engaged in the transportation of property or passengers by motor vehicle
[01:42:00.840 --> 01:42:02.840] other than for hire.
[01:42:02.840 --> 01:42:13.840] Well, again, you can't be a carrier if you're not for hire.
[01:42:13.840 --> 01:42:22.840] So how can it be other than for hire?
[01:42:22.840 --> 01:42:25.840] That's just the way they define it in there.
[01:42:25.840 --> 01:42:26.840] Yeah.
[01:42:26.840 --> 01:42:28.840] But again, that makes the statute vague and ambiguous.
[01:42:28.840 --> 01:42:34.840] A carrier is someone specifically engaged in the business for compensation or hire.
[01:42:34.840 --> 01:42:38.840] That's what a carrier is.
[01:42:38.840 --> 01:42:39.840] Right.
[01:42:39.840 --> 01:42:45.840] So how can you be a carrier not for hire and continue to act as a carrier?
[01:42:45.840 --> 01:42:53.840] They define the carrier as any person who's engaged in, well, I can't pull it back out
[01:42:53.840 --> 01:42:54.840] now.
[01:42:54.840 --> 01:42:55.840] I don't...
[01:42:55.840 --> 01:42:56.840] Engaged in.
[01:42:56.840 --> 01:43:06.840] Is there any more to that?
[01:43:06.840 --> 01:43:19.840] Well, I mean, just a carrier, they define that as a carrier for hire and or private carrier.
[01:43:19.840 --> 01:43:24.840] And then they define private carrier by the terms that I just described.
[01:43:24.840 --> 01:43:27.840] Again, it depends on how they define for hire in this case.
[01:43:27.840 --> 01:43:33.840] A private carrier is someone they're still getting paid, but they have private contracts
[01:43:33.840 --> 01:43:34.840] with specific people.
[01:43:34.840 --> 01:43:37.840] They're not public carriers.
[01:43:37.840 --> 01:43:40.840] That's what a private carrier is.
[01:43:40.840 --> 01:43:47.840] So they're not for hire in regard to the general public, but they are for hire by specific
[01:43:47.840 --> 01:43:48.840] contractors.
[01:43:48.840 --> 01:43:49.840] Okay?
[01:43:49.840 --> 01:43:50.840] Yeah.
[01:43:50.840 --> 01:43:51.840] All right.
[01:43:51.840 --> 01:43:52.840] Hang on.
[01:43:52.840 --> 01:43:53.840] We'll be right back.
[01:43:53.840 --> 01:43:54.840] Mike, hang on there.
[01:43:54.840 --> 01:43:55.840] I'll get you on the other side.
[01:43:55.840 --> 01:44:01.840] We'll be right back, folks.
[01:44:01.840 --> 01:44:06.840] This is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[01:44:06.840 --> 01:44:10.840] so easy, and neither is finding like-minded people to share it with.
[01:44:10.840 --> 01:44:13.840] Oh, well, I guess you haven't heard of Brave New Books, then.
[01:44:13.840 --> 01:44:14.840] Brave New Books?
[01:44:14.840 --> 01:44:15.840] Yes.
[01:44:15.840 --> 01:44:19.840] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[01:44:19.840 --> 01:44:21.840] Ron Paul, Angie Ebert Griffin.
[01:44:21.840 --> 01:44:25.840] They even stock inner food, Burkey products, and Calvin Soaps.
[01:44:25.840 --> 01:44:27.840] There's no way a place like that exists.
[01:44:27.840 --> 01:44:29.840] Go check it out for yourself.
[01:44:29.840 --> 01:44:33.840] This is downtown at 1904 Guadalupe Street just south of UT.
[01:44:33.840 --> 01:44:34.840] Oh, by UT?
[01:44:34.840 --> 01:44:36.840] There's never anywhere to park down there.
[01:44:36.840 --> 01:44:42.840] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:44:42.840 --> 01:44:44.840] facility just behind the bookstore.
[01:44:44.840 --> 01:44:48.840] It does exist, but when are they open?
[01:44:48.840 --> 01:44:52.840] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[01:44:52.840 --> 01:44:59.840] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:45:22.840 --> 01:45:24.840] You should do for yourself.
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[01:46:38.840 --> 01:46:40.840] All right, let's get this wrapped up.
[01:46:40.840 --> 01:46:45.840] Dave, that about covered for you?
[01:46:45.840 --> 01:46:49.840] Yeah, I'm still not understanding that, though.
[01:46:49.840 --> 01:46:58.840] Okay, a private carrier is someone that only hires out to specific people, not to the general public.
[01:46:58.840 --> 01:47:07.840] A common carrier is somebody that anybody can walk up, pay the fee, and that carrier must carry their goods and property for them.
[01:47:07.840 --> 01:47:14.840] A private carrier can pick and choose who he works for, what he will take, so on and so forth.
[01:47:14.840 --> 01:47:15.840] Right.
[01:47:15.840 --> 01:47:18.840] But he is still getting paid.
[01:47:18.840 --> 01:47:31.840] A private carrier, I'm willing to bet you, if you find the definition of for hire, it will be defined in relation to for hire by the general public in some way, shape, or form.
[01:47:31.840 --> 01:47:41.840] It will be defined in a way that completely separates it from a private carrier who is still getting paid, he just only contracts with the people he chooses.
[01:47:41.840 --> 01:47:51.840] The way they define it is, you know, means that any person gays and transportation property passengers by motor vehicle other than for hire.
[01:47:51.840 --> 01:47:57.840] Again, the definition of for hire, you're making a presumption on what that is.
[01:47:57.840 --> 01:47:58.840] Don't.
[01:47:58.840 --> 01:48:01.840] No.
[01:48:01.840 --> 01:48:14.840] For hire may not be defined as getting paid, it may be defined as getting paid for the transportation by the general public.
[01:48:14.840 --> 01:48:16.840] See what I'm saying?
[01:48:16.840 --> 01:48:17.840] Right.
[01:48:17.840 --> 01:48:19.840] That's right.
[01:48:19.840 --> 01:48:22.840] Making this something, yeah, you're right.
[01:48:22.840 --> 01:48:23.840] Okay.
[01:48:23.840 --> 01:48:24.840] Okay.
[01:48:24.840 --> 01:48:25.840] Thank you.
[01:48:25.840 --> 01:48:26.840] You're welcome.
[01:48:26.840 --> 01:48:28.840] All right, now we're going to go to Mike.
[01:48:28.840 --> 01:48:30.840] Mike, what can I do for you?
[01:48:30.840 --> 01:48:31.840] Good evening, sir.
[01:48:31.840 --> 01:48:32.840] Good evening.
[01:48:32.840 --> 01:48:45.840] One of those letters from the city of Houston, I guess, where it's a petition, somebody in the neighborhood is moving to go with a program, which if you park your vehicle in the front yard, you're going to get a $150 ticket.
[01:48:45.840 --> 01:48:50.840] Maybe somebody could send me in the correct direction to get a letter started to protest this.
[01:48:50.840 --> 01:48:52.840] Do you own a vehicle?
[01:48:52.840 --> 01:48:55.840] Well, I have to look up the definition of a vehicle.
[01:48:55.840 --> 01:48:57.840] You're in Texas, right?
[01:48:57.840 --> 01:48:58.840] Yes, sir.
[01:48:58.840 --> 01:49:00.840] Do you have a dump truck?
[01:49:00.840 --> 01:49:01.840] No, sir.
[01:49:01.840 --> 01:49:02.840] An 18-wheeler?
[01:49:02.840 --> 01:49:03.840] No, sir.
[01:49:03.840 --> 01:49:04.840] Delivery van?
[01:49:04.840 --> 01:49:05.840] No, sir.
[01:49:05.840 --> 01:49:07.840] Pizza sign on your car?
[01:49:07.840 --> 01:49:11.840] The terminology in the petition might not have said vehicle.
[01:49:11.840 --> 01:49:14.840] It may have said car or some other device.
[01:49:14.840 --> 01:49:22.840] Well, sorry, they can't do anything to you in your private capacity about parking your property wherever it is, wants to have it on your property.
[01:49:22.840 --> 01:49:27.840] The only way they can do it is if it's a vehicle under their control.
[01:49:27.840 --> 01:49:28.840] Okay.
[01:49:28.840 --> 01:49:31.840] I can't seem to find a letter here.
[01:49:31.840 --> 01:49:32.840] Don't look in the letter.
[01:49:32.840 --> 01:49:33.840] Look in the ordinances.
[01:49:33.840 --> 01:49:38.840] What is the definition of vehicle within the ordinances?
[01:49:38.840 --> 01:49:40.840] I'm sure you're going to find...
[01:49:40.840 --> 01:49:42.840] Where are you, by the way?
[01:49:42.840 --> 01:49:43.840] Houston.
[01:49:43.840 --> 01:49:44.840] Okay.
[01:49:44.840 --> 01:49:51.840] I'm sure you're going to find that when you look, vehicle will be in whatever chapter deals with transportation under the city ordinances.
[01:49:51.840 --> 01:50:04.840] When you read those city ordinances, I'm willing to bet you'll find that somewhere it says that that chapter or title of the city ordinances applies to government-owned and operated vehicles.
[01:50:04.840 --> 01:50:07.840] And there won't be anything else listed there.
[01:50:07.840 --> 01:50:09.840] Yeah, vehicle was the term I used.
[01:50:09.840 --> 01:50:12.840] I don't have the letter here with me, so I don't know for sure.
[01:50:12.840 --> 01:50:13.840] Okay.
[01:50:13.840 --> 01:50:20.840] Well, again, to where to start, write up the petitions, whatever you want to say against what someone's trying to do.
[01:50:20.840 --> 01:50:22.840] Go door to door and get it signed.
[01:50:22.840 --> 01:50:30.840] Say, hey, do you want to be forced to pay $150 because somebody came to visit you to stay for a few days with you at your house?
[01:50:30.840 --> 01:50:38.840] Your family came into town and they park out in front of your house on the curb and pay $150 every day in the city because they're there?
[01:50:38.840 --> 01:50:41.840] Because that's what this ordinance is asking for, isn't it?
[01:50:41.840 --> 01:50:46.840] Yeah, and then, of course, reread whatever they've got in their ordinance.
[01:50:46.840 --> 01:50:58.840] You can attach a copy of the letter and then you can explain here's the type of situations this letter does not address nor this ordinance and will increase the revenue for the city at your expense in the following ways.
[01:50:58.840 --> 01:51:02.840] You will be illegally taxed because you don't own a vehicle.
[01:51:02.840 --> 01:51:13.840] You will be illegally taxed because someone parks a car in front of your house, whether you own it or not, will be irrelevant, and so on and so on and so on.
[01:51:13.840 --> 01:51:15.840] Sounds like that's about it.
[01:51:15.840 --> 01:51:16.840] Appreciate it, sir.
[01:51:16.840 --> 01:51:17.840] You're very welcome.
[01:51:17.840 --> 01:51:18.840] Good night.
[01:51:18.840 --> 01:51:19.840] Good night.
[01:51:19.840 --> 01:51:25.840] Now we're going to go to Louie in Texas who, I understand, has a speeding ticket question.
[01:51:25.840 --> 01:51:26.840] Howdy, Eddie.
[01:51:26.840 --> 01:51:27.840] Howdy?
[01:51:27.840 --> 01:51:28.840] Yes, sir.
[01:51:28.840 --> 01:51:29.840] Okay, here it is.
[01:51:29.840 --> 01:51:32.840] Actually, I'm kind of in more of a pickle than that.
[01:51:32.840 --> 01:51:36.840] It started with a speeding ticket on Friday, February 1st.
[01:51:36.840 --> 01:51:48.840] The following month, I pulled into a private driveway and I really kind of tried to dodge the officer's questions and what they had to say.
[01:51:48.840 --> 01:51:57.840] And I might have been a little combative as well, but I was really, I was trying to come across as like, I made the mistake of talking, basically.
[01:51:57.840 --> 01:52:03.840] And I don't think I've said anything that would implicate me too far, but I did sign the ticket under duress.
[01:52:03.840 --> 01:52:13.840] The following Monday, I made an appearance, the clerk on behalf of the judge, agent acting as principal, denied me my due process and I got...
[01:52:13.840 --> 01:52:14.840] In what way?
[01:52:14.840 --> 01:52:22.840] Well, I asked for my hearing before the judge right away and they wouldn't let me speak to a judge.
[01:52:22.840 --> 01:52:24.840] And I got my proof of appearance.
[01:52:24.840 --> 01:52:25.840] I had two copies.
[01:52:25.840 --> 01:52:29.840] I left one with them certified and notarized.
[01:52:29.840 --> 01:52:35.840] And so that they would know that I had appeared.
[01:52:35.840 --> 01:52:42.840] So it was in the case file that I had appeared along with a copy of the legal citation, the statute.
[01:52:42.840 --> 01:52:48.840] It was transportation code 543-006 and 543-008.
[01:52:48.840 --> 01:52:52.840] They're charging you under 543?
[01:52:52.840 --> 01:52:53.840] No, they're not.
[01:52:53.840 --> 01:53:01.840] I'm actually, I filed a complaint against the officer for issuing an illegal ticket or an illegal citation.
[01:53:01.840 --> 01:53:07.840] But they refused to even look at that evidence from what I understand.
[01:53:07.840 --> 01:53:12.840] I got another letter asking me to appear at an appearance docket, not a trial.
[01:53:12.840 --> 01:53:16.840] And I replied back to them saying, look, I made my appearance already.
[01:53:16.840 --> 01:53:23.840] I don't have to come in for a second appearance of the leader of the prosecution or the court.
[01:53:23.840 --> 01:53:29.840] And I sent more copies of, you know, my certified proof of appearance, the legal citation, the complaint and the statutes.
[01:53:29.840 --> 01:53:36.840] And within a week from that, I got a complaint from a witness that said that they were there.
[01:53:36.840 --> 01:53:42.840] They saw me traveling at that speed, who turns out to be a clerk lead.
[01:53:42.840 --> 01:53:48.840] And then on top of that, a week after that, I got a notice that a warrant was issued.
[01:53:48.840 --> 01:53:51.840] So I'm really kind of like wondering where I should go now.
[01:53:51.840 --> 01:53:53.840] Like, I don't know what to do.
[01:53:53.840 --> 01:53:57.840] Okay, I need more information than this.
[01:53:57.840 --> 01:54:00.840] Okay.
[01:54:00.840 --> 01:54:06.840] Okay, they sent you a requirement to come in our letter saying we want you to come into this appearance docket.
[01:54:06.840 --> 01:54:10.840] You refused to go and sent them something requesting what again?
[01:54:10.840 --> 01:54:12.840] I didn't request anything.
[01:54:12.840 --> 01:54:14.840] I just, you know, let them know.
[01:54:14.840 --> 01:54:23.840] Look, and then the tone was, you know, completely professional and just kind of letting them know that I had already made my appearance.
[01:54:23.840 --> 01:54:29.840] So there was really no reason for me to go in and talk to a prosecutor or DA.
[01:54:29.840 --> 01:54:31.840] And it wasn't even the DA that sent me the letter.
[01:54:31.840 --> 01:54:35.840] It was the municipal court that sent me the letter.
[01:54:35.840 --> 01:54:38.840] It was even signed by one of the clerks.
[01:54:38.840 --> 01:54:41.840] Did it have an official court seal on it with a judge's signature?
[01:54:41.840 --> 01:54:42.840] No, it did not.
[01:54:42.840 --> 01:54:44.840] Then it's not an official document?
[01:54:44.840 --> 01:54:45.840] I didn't think so, yeah.
[01:54:45.840 --> 01:54:52.840] I called and told them that it was, they're harassing me and that it's all those mailbeards sending me as fraudulent.
[01:54:52.840 --> 01:54:53.840] And they didn't want to hear it.
[01:54:53.840 --> 01:54:55.840] They just said I had to come in and...
[01:54:55.840 --> 01:54:56.840] Okay.
[01:54:56.840 --> 01:55:00.840] In response, they sent you back copies of what?
[01:55:00.840 --> 01:55:07.840] They actually sent me a complaint from, quote, unquote, Witness, who's Christine De La Cruz.
[01:55:07.840 --> 01:55:15.840] I ended up looking this Christine De La Cruz and it turns out that she works for the court as the court lead.
[01:55:15.840 --> 01:55:17.840] And she said that she was there.
[01:55:17.840 --> 01:55:22.840] She saw me traveling to, you know, whatever the speed was.
[01:55:22.840 --> 01:55:25.840] Well, no, she's not asserting that she saw you.
[01:55:25.840 --> 01:55:31.840] She's asserting she has reason to believe and does believe that you did these things.
[01:55:31.840 --> 01:55:32.840] Okay.
[01:55:32.840 --> 01:55:33.840] Yeah, that's right.
[01:55:33.840 --> 01:55:36.840] That's what the affidavit said, the complaint.
[01:55:36.840 --> 01:55:37.840] Right?
[01:55:37.840 --> 01:55:40.840] Well, and then I didn't even get time to respond to that.
[01:55:40.840 --> 01:55:42.840] It was the week after that that they had sent me.
[01:55:42.840 --> 01:55:50.840] Well, you're not supposed to respond to that other than to determine whether or not the complaint is valid and challenge it.
[01:55:50.840 --> 01:55:51.840] And challenge it, okay.
[01:55:51.840 --> 01:55:54.840] No, not challenge the facts of it.
[01:55:54.840 --> 01:55:57.840] Challenge the complaint in general.
[01:55:57.840 --> 01:55:59.840] Okay.
[01:55:59.840 --> 01:56:00.840] Okay.
[01:56:00.840 --> 01:56:02.840] What would be the steps for that?
[01:56:02.840 --> 01:56:05.840] Would I contact her?
[01:56:05.840 --> 01:56:06.840] No.
[01:56:06.840 --> 01:56:07.840] How are you there?
[01:56:07.840 --> 01:56:09.840] How do you see this?
[01:56:09.840 --> 01:56:15.840] What is the first rule of dealing with the opposition?
[01:56:15.840 --> 01:56:18.840] Oh, you got me there.
[01:56:18.840 --> 01:56:22.840] You do everything in writing.
[01:56:22.840 --> 01:56:24.840] Okay, great.
[01:56:24.840 --> 01:56:25.840] Okay.
[01:56:25.840 --> 01:56:28.840] That means everything.
[01:56:28.840 --> 01:56:36.840] If you make a phone call, you document the phone call in an affidavit and you put it into the record.
[01:56:36.840 --> 01:56:37.840] Okay.
[01:56:37.840 --> 01:56:43.840] Everything is done in writing, whether it is done before, during, or after the fact.
[01:56:43.840 --> 01:56:45.840] It's still done in writing.
[01:56:45.840 --> 01:56:46.840] Okay.
[01:56:46.840 --> 01:56:53.840] Now, as far as the rest of this goes, I would need to see what the complaint has in it and everything else.
[01:56:53.840 --> 01:56:57.840] What did you supply at the time of the stop?
[01:56:57.840 --> 01:57:02.840] I did give them my license and insurance.
[01:57:02.840 --> 01:57:03.840] Okay.
[01:57:03.840 --> 01:57:07.840] Or my state ID, it's not...
[01:57:07.840 --> 01:57:11.840] It is valid, but I mean, I'm not...
[01:57:11.840 --> 01:57:12.840] Did you give them a state ID?
[01:57:12.840 --> 01:57:14.840] Did you give them a license?
[01:57:14.840 --> 01:57:16.840] It was a license.
[01:57:16.840 --> 01:57:17.840] Okay.
[01:57:17.840 --> 01:57:19.840] It's a Texas state license.
[01:57:19.840 --> 01:57:20.840] Okay.
[01:57:20.840 --> 01:57:26.840] So you confess to being in transportation by the production of these accouterments?
[01:57:26.840 --> 01:57:35.840] Man, I tried to talk to these guys, like, tried to tell them that I wasn't, and I asked them if I was under arrest, and they're like, yes, under arrest.
[01:57:35.840 --> 01:57:38.840] They said they're not required to show me the speed of the...
[01:57:38.840 --> 01:57:42.840] Because I didn't know what they were pulling me over for.
[01:57:42.840 --> 01:57:43.840] I mean, they'd ask me, like...
[01:57:43.840 --> 01:57:46.840] You don't have the transportation script, do you?
[01:57:46.840 --> 01:57:49.840] Well, I just downloaded it tonight, so I'll take a look at it.
[01:57:49.840 --> 01:57:50.840] Okay.
[01:57:50.840 --> 01:57:55.840] Do that first, and try to call back in next Monday so we can talk about this a little bit more.
[01:57:55.840 --> 01:58:02.840] If you want to contact me, send me an email, eddydeie, at ruleoflawradio.com.
[01:58:02.840 --> 01:58:07.840] But I need copies of all the paperwork and everything you have so I can take a look at it, okay?
[01:58:07.840 --> 01:58:08.840] All right, sure.
[01:58:08.840 --> 01:58:09.840] Thanks, Eddie.
[01:58:09.840 --> 01:58:10.840] You're welcome.
[01:58:10.840 --> 01:58:11.840] All right, folks.
[01:58:11.840 --> 01:58:13.840] This has been Rule of Law Radio.
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[01:58:24.840 --> 01:58:28.840] I have for us because when it launches, it is going to be awesome.
[01:58:28.840 --> 01:58:30.840] Thank you all so much for being out there.
[01:58:30.840 --> 01:58:32.840] Please keep listening.
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[01:58:37.840 --> 01:59:06.840] Good night, and God bless.
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[01:59:37.840 --> 01:59:44.840] That's 888-551-0102.
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