ROL_2014-08-11_16k.timecode

[00:09.700 --> 00:15.280]  I'm Bryan Hagen with your Liberty Beat for Monday, August 11th, 2014.
[00:15.280 --> 00:22.860]  Gold opened today at $1,310, silver opened today at $19.97, and Bitcoin is trading around
[00:22.860 --> 00:26.500]  $588.65.
[00:26.500 --> 00:31.000]  Smart for the Liberty Beat comes from Roberts & Roberts Brokerage Incorporated, specializing
[00:31.000 --> 00:41.120]  in precious metals since 1977, online at rrbi.co or by phone at 800-874-9760.
[00:41.120 --> 00:46.060]  In the news, the New York Post reports that the New York City City Council will not be
[00:46.060 --> 00:50.960]  accepting over 30,000 signatures for the high-rise safety initiative.
[00:50.960 --> 00:56.480]  That's a measure that would require an investigation into all high-rise collapses on or since September
[00:56.480 --> 00:59.000]  11th of 2001.
[00:59.000 --> 01:03.760]  City Council Speaker Melissa Mark-Viverito told the Post that the city will not waste
[01:03.760 --> 01:08.760]  taxpayer dollars by, quote, humoring conspiracy theorists.
[01:08.760 --> 01:13.320]  Activists and 9-11 victims, family members with the New York City Coalition for Accountability
[01:13.320 --> 01:18.940]  Now, have worked since March to gather over 100,000 signatures to place the measure on
[01:18.940 --> 01:20.560]  the November ballot.
[01:20.560 --> 01:25.440]  The group released a statement Friday stating that they had filed suit against the city.
[01:25.440 --> 01:29.400]  Representatives of the city will be required to appear in court for an initial hearing
[01:29.400 --> 01:33.960]  on Thursday, August 14th.
[01:33.960 --> 01:39.060]  This past Saturday, a crowd of 75 found themselves at Brave New Books in Austin for the Alliance
[01:39.060 --> 01:42.240]  of Austin Agorists' eighth networking party.
[01:42.240 --> 01:48.400]  Speakers included Kathryn Bleich of thebitmom.com, Jessica and Justin Armand of My Magic Mud,
[01:48.400 --> 01:51.120]  and Tracy Ward of Pinky's Paleoteus.
[01:51.120 --> 01:55.600]  The speakers told inspirational stories of their own agorist journeys and left the crowd
[01:55.600 --> 02:00.360]  with a series of practical steps that one can take to join the counter-economy.
[02:00.360 --> 02:08.240]  The speeches can be heard and found online at sovereignliving.com in the podcast feed.
[02:08.240 --> 02:13.460]  If you're interested to learn more about unschooling, a philosophy of child-led education, there's
[02:13.460 --> 02:17.880]  an unschool support group meeting scheduled for tonight at Central Market North on Lamar
[02:17.880 --> 02:19.360]  in Austin.
[02:19.360 --> 02:23.180]  Unexperienced unschoolers and those seeking to learn more in the outdoor eating area buy
[02:23.180 --> 02:28.040]  the playground anytime from 6.30 until 9 this evening.
[02:28.040 --> 02:30.680]  Support for the Liberty Beat comes from My Magic Mud.
[02:30.680 --> 02:32.000]  All natural teeth widener.
[02:32.000 --> 02:35.840]  Go to mymagicmud.com to hear a short interview with Dr. Griffin Cole.
[02:35.840 --> 02:37.880]  That's mymagicmud.com.
[02:37.880 --> 02:41.320]  And support comes from the notorious activist Michael Cargill.
[02:41.320 --> 02:46.120]  He has a new show called Come and Talk It, live each Sunday afternoon at 4 o'clock on
[02:46.120 --> 02:48.360]  1370 a.m. in Austin.
[02:48.360 --> 02:51.880]  This Sunday's at 4 on 1370 a.m.
[02:51.880 --> 02:56.920]  This is the Liberty Beat for Monday, August 11th, 2014.
[02:56.920 --> 03:19.720]  Check out the website at thelibertybeat.com.
[03:19.720 --> 03:43.640]  Thanks.
[03:49.720 --> 03:54.720]  Round up all of them bad boys and go high in the street
[03:55.720 --> 03:58.720]  For all the people we see
[04:00.720 --> 04:03.720]  And just as one thing you should always find
[04:03.720 --> 04:08.720]  You gotta saddle up your boys, you gotta draw a hard line
[04:08.720 --> 04:12.720]  When the gun smoke settles we'll sing a victory tune
[04:12.720 --> 04:16.720]  And we'll all be back at the local saloon
[04:16.720 --> 04:21.720]  We'll raise up our glasses against evil forces singing
[04:21.720 --> 04:25.720]  Whiskey for my man, beer for my horses
[04:25.720 --> 04:29.720]  Good evening folks, this is the Monday Night Rule of Law Radio Show
[04:29.720 --> 04:31.720]  And this is your host, Eddie Craig
[04:31.720 --> 04:36.720]  Alright, I just found an interesting thing on my walk back here to the house before the show tonight
[04:36.720 --> 04:44.720]  It seems like Austin Code Enforcement has decided to orange tag the window of my car
[04:44.720 --> 04:47.720]  Saying that it's an abandoned vehicle
[04:47.720 --> 04:53.720]  And this could potentially start a whole new fight for this
[04:53.720 --> 04:56.720]  Dealing with ordinances and all this
[04:56.720 --> 05:08.720]  So this, unlike a traffic stop, gives me an enormous opportunity to get things into the court record
[05:08.720 --> 05:12.720]  If I fight this as a citation where they take my car
[05:12.720 --> 05:19.720]  That I otherwise would not have had the opportunity to do like I would on a traffic stop
[05:19.720 --> 05:22.720]  And let me explain what that means
[05:22.720 --> 05:26.720]  In a traffic stop they're not gonna let you hand stuff to the cop
[05:26.720 --> 05:29.720]  Because anything the cop gets at that stop can be used in the court
[05:29.720 --> 05:31.720]  And they know it
[05:31.720 --> 05:38.720]  So they do their best to instruct the officers not to accept any documentation or paperwork
[05:38.720 --> 05:42.720]  Or anything at all from the individual except for what is specifically asked for
[05:42.720 --> 05:49.720]  For the express purpose of preventing anything in it from being admitted as evidence at trial
[05:49.720 --> 05:53.720]  Now if you hand him documents that have all the statutes
[05:53.720 --> 05:59.720]  And saying that he's, you know, has violated this code and this code and this code
[05:59.720 --> 06:03.720]  You get to discuss all that if you get that information put in
[06:03.720 --> 06:07.720]  Which if he admits that he received it from you, you can do
[06:07.720 --> 06:14.720]  Well, this time we have an opportunity that may allow us to do that
[06:14.720 --> 06:20.720]  What I can do now that I have this orange tagged notice on my car window
[06:20.720 --> 06:28.720]  Is that I can now send certified mail return receipt requested information to the code enforcement office
[06:28.720 --> 06:32.720]  And the name to the specific officer that's written on this
[06:32.720 --> 06:40.720]  And I can put in all of the things that I want to make admissible to the trial
[06:40.720 --> 06:47.720]  Such as all of the information regarding the fact that ordinances are not law
[06:47.720 --> 06:51.720]  How they violate the Texas Constitution when they're trying to be enforced as law
[06:51.720 --> 06:56.720]  How they violate the code itself when they're trying to be enforced as law
[06:56.720 --> 07:05.720]  And how the legislature cannot make an ordinance a law simply by adding it to the definition of a term that they called and defined law
[07:05.720 --> 07:13.720]  Because an ordinance by no stretch of the imagination goes through the process mandated by the Texas Constitution
[07:13.720 --> 07:18.720]  To be enacted as a law binding and effective upon the general public
[07:18.720 --> 07:22.720]  The legislature, the Texas courts have said over and over again
[07:22.720 --> 07:25.720]  The Texas legislature cannot delegate its law making power
[07:25.720 --> 07:29.720]  It's specifically given by the Constitution to the legislature
[07:29.720 --> 07:36.720]  Well, if that is the case, then they can't make law at the city level
[07:36.720 --> 07:38.720]  They can't make law at the county level
[07:38.720 --> 07:42.720]  Despite the fact they try to act like they can, they can't
[07:42.720 --> 07:49.720]  So by putting all of that research and all of that argument into a certified mail
[07:49.720 --> 07:58.720]  Some of it in affidavit form, some of it in argument form or whatever I want to set it up as
[07:58.720 --> 08:04.720]  I can take it and have it delivered directly to the issuing officer
[08:04.720 --> 08:11.720]  And make sure that that officer is the one that is called to appear in court
[08:11.720 --> 08:17.720]  And he is to bring the certified mail that was sent to him by me to court as evidence
[08:17.720 --> 08:24.720]  And if he won't bring his, then I have my copy that shows this was sent certified mail to this individual
[08:24.720 --> 08:28.720]  Relevant to this case, it shows it was received by this individual
[08:28.720 --> 08:32.720]  Because we'll send it restricted delivery to this guy
[08:32.720 --> 08:34.720]  And so on and so forth
[08:34.720 --> 08:41.720]  And force the issue of getting the documentation into evidence at trial
[08:41.720 --> 08:44.720]  Now yeah, I'll still have to take the stand, but guess what?
[08:44.720 --> 08:49.720]  I want to, because I want to take the task every single bit of this information
[08:49.720 --> 08:53.720]  Once I get it in and get it admitted, the jury gets to look at it
[08:53.720 --> 08:57.720]  The prosecutor gets to scratch their head and go what in the heck do I do now
[08:57.720 --> 09:00.720]  And we go forward from there
[09:00.720 --> 09:02.720]  Because we all know how this is going to work out
[09:02.720 --> 09:05.720]  Doesn't matter how correct you are, doesn't matter how many rules they break
[09:05.720 --> 09:10.720]  It doesn't matter to them that law, ignorance of the law is no excuse for you
[09:10.720 --> 09:13.720]  But completely ignoring it is just fine for them
[09:13.720 --> 09:20.720]  So you can't even claim ignorance while they get to claim that doesn't apply to anything we do
[09:20.720 --> 09:24.720]  Even though it specifically says it applies to us, we don't care
[09:24.720 --> 09:27.720]  Who is the real criminal here folks?
[09:27.720 --> 09:33.720]  So we need to understand that, we need to be prepared for that
[09:33.720 --> 09:37.720]  And we need to figure out the best way to take the fight to them
[09:37.720 --> 09:44.720]  This is a potential golden opportunity to do exactly that
[09:44.720 --> 09:49.720]  And to make it ten times worse for them if they actually take my car
[09:49.720 --> 09:51.720]  Because let's analyze that argument for a second
[09:51.720 --> 09:56.720]  Now my car has no state issued plate, it's got no state issued stickers on it
[09:56.720 --> 09:59.720]  Therefore they consider it abandoned
[09:59.720 --> 10:05.720]  The only difference between my car and the other car sitting on this street in the same place
[10:05.720 --> 10:08.720]  Is the stickers and the plates
[10:08.720 --> 10:15.720]  So they consider it abandoned simply because it's not in the state's database
[10:15.720 --> 10:19.720]  That's the only difference
[10:19.720 --> 10:25.720]  So what allows them to declare my car abandoned property simply because
[10:25.720 --> 10:31.720]  I won't give the state any access to it and authority over it
[10:31.720 --> 10:37.720]  By registering it with them and seeking some sort of service benefit from them
[10:37.720 --> 10:44.720]  That would bind me to the rules and regulations they want me to be under even though I'm not required to be
[10:44.720 --> 10:51.720]  Now again, we know that anyone they pick for a jury is going to be so brain dead
[10:51.720 --> 10:57.720]  Even a straight up logical argument like that is never going to sink in
[10:57.720 --> 11:03.720]  So we know the railroad job will continue and we'll have to take this up on the appeal
[11:03.720 --> 11:08.720]  Now it would be real interesting to see the county court at law
[11:08.720 --> 11:11.720]  And here's the other thing about the county courts at law in Austin
[11:11.720 --> 11:16.720]  I have read numerous opinions written by these county court at law judges
[11:16.720 --> 11:21.720]  And I have yet to see them cite any authority of law whatsoever
[11:21.720 --> 11:25.720]  Like they demand that we do in our arguments
[11:25.720 --> 11:31.720]  When they turn around and say our arguments are no good and they're going to overrule them
[11:31.720 --> 11:35.720]  But they do it without citing what authority they use
[11:35.720 --> 11:41.720]  And if they do cite an authority they always misapply it and misstate the facts and circumstances
[11:41.720 --> 11:45.720]  To which that authority actually applied
[11:45.720 --> 11:49.720]  I mean a good example here is well my case for instance
[11:49.720 --> 11:56.720]  When my case got remanded back to the municipal court there were several things that were addressed in mind
[11:56.720 --> 12:04.720]  That would leave me wondering exactly how the county court was intending to look at that if they had been able to move forward
[12:04.720 --> 12:13.720]  But instead they sent it back because the municipal court did not properly submit the record with a correct order of judgement
[12:13.720 --> 12:22.720]  They had conflicting judgments, the court signed an order saying not guilty and the jury signed an order saying guilty
[12:22.720 --> 12:27.720]  So we told them before they ever sent it up that they had messed that up
[12:27.720 --> 12:30.720]  They refused to correct it, they forwarded it anyway
[12:30.720 --> 12:34.720]  They sat on it at the county court for over a year
[12:34.720 --> 12:40.720]  Before they sent it back to the municipal court to have all of that redone and taken care of
[12:40.720 --> 12:46.720]  But the odd thing was that the county judge overturned the judgement
[12:46.720 --> 12:54.720]  The very first line in the order says the judgement is overturned and we remanded it back for further proceedings
[12:54.720 --> 13:02.720]  Well if they overturned the judgement further proceedings means a new trial, they don't have a choice in that matter
[13:02.720 --> 13:09.720]  How can you overturn the judgement and then say you're not entitled to a new trial
[13:09.720 --> 13:16.720]  Well that's fine then you're not entitled to the money because the judgement was overturned
[13:16.720 --> 13:26.720]  But you can't make sense to these people, it's their way or no way and they don't care as long as they feel like they can run you ragged and eventually win on stamina
[13:26.720 --> 13:36.720]  Facts of law, the truth and justice be damned, this is all about who can keep the postage flowing longer
[13:36.720 --> 13:38.720]  That's it
[13:38.720 --> 13:42.720]  So folks I'm going to plead with you one more time about how all this works
[13:42.720 --> 13:50.720]  If we want to get rid of the stuff they're doing to steal money from us then we need to be fighting what they're doing
[13:50.720 --> 14:01.720]  If every single person fought every single citation they got, the system would go bankrupt in a day
[14:01.720 --> 14:12.720]  One day you could drive the cost of their process of this so high they would be operating in the red for 10 years
[14:12.720 --> 14:21.720]  They would have to stop because everybody that fights these tickets, it's a $200 fine maximum okay
[14:21.720 --> 14:25.720]  So now we turn around and cost them 8 grand to prosecute it
[14:25.720 --> 14:32.720]  That system ain't going to last long, especially the way they're screaming about we ain't got no money now
[14:32.720 --> 14:41.720]  So one of two things is going to have to give, they're going to have to drop this system or they're going to have to raise taxes in other areas to such a degree
[14:41.720 --> 14:48.720]  We're going to hang somebody, it's a no win situation for them if we all stood up and fought back
[14:48.720 --> 14:58.720]  What we really also need to do to make that happen, we need to get organized, we need to get focused
[14:58.720 --> 15:06.720]  And we need large numbers of people standing in front of the desk of every representative in every precinct office they have
[15:06.720 --> 15:16.720]  Telling them what do you think you're doing, who do you think you work for, how dare you pass a law or pass something that resembles a law
[15:16.720 --> 15:24.720]  That allows anyone to do this to me, my kids or my property, how dare you
[15:24.720 --> 15:31.720]  I can't do that to my neighbor, why do you think I can give you the power to do it to me or to my other neighbor
[15:31.720 --> 15:40.720]  We've let the dogs off the leash for too long, we need to put them back
[15:40.720 --> 15:51.720]  And trust me, they are dogs, ok, and they're untrained dogs, why, because an untrained dog will not listen to the person that's holding the leash
[15:51.720 --> 16:00.720]  They tug, they pull, they run off, you let them go for a little while and they won't come back, they don't pay any attention because we didn't spend enough time training them
[16:00.720 --> 16:12.720]  Well folks, we need to change that, it's time we started training the people that we put in public office to understand you represent everybody
[16:12.720 --> 16:26.720]  Not a select group, not yourself, and that representation limits what you can do because you cannot do something to one of us or a group of us that we cannot do to each other
[16:26.720 --> 16:41.720]  I cannot give you a power I do not possess, I don't care what title you put on it, I don't care what office you put it into, I don't care what you call yourself and the authority you're acting under
[16:41.720 --> 16:53.720]  Police power, legislative power, judicial power, I don't care, you work for us and you better start realizing it real real soon
[16:53.720 --> 16:59.720]  Alright folks, we got callers, we'll start those when we get back, y'all hang on
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[18:00.720 --> 18:05.720]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:09.720 --> 18:14.720]  Michael Miras has won six cases in federal court against debt collectors and now you can win too
[18:14.720 --> 18:20.720]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes
[18:20.720 --> 18:24.720]  What to do when contacted by phone, mail or court summons
[18:24.720 --> 18:26.720]  How to answer letters and phone calls
[18:26.720 --> 18:29.720]  How to get debt collectors out of your credit report
[18:29.720 --> 18:33.720]  How to turn the financial tables on them and make them pay you to go away
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[18:38.720 --> 18:40.720]  Personal consultation is available as well
[18:40.720 --> 18:46.720]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Miras banner
[18:46.720 --> 18:49.720]  Or email MichaelMiras at yahoo.com
[18:49.720 --> 18:57.720]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com
[18:57.720 --> 19:00.720]  To learn how to stop debt collectors now
[19:00.720 --> 19:04.720]  If you are listening to the Logos Radio Network
[19:04.720 --> 19:31.720]  LogosRadioNetwork.com
[19:34.720 --> 19:36.720]  We ask the question
[19:36.720 --> 19:38.720]  Look where we're getting
[19:38.720 --> 19:41.720]  And they don't ever answer
[19:41.720 --> 19:43.720]  I'm sloping, slipping, sliding
[19:43.720 --> 19:45.720]  I'm a talk about free shoes, posse, Lord
[19:45.720 --> 19:48.720]  How the one waiting, take it easy
[19:48.720 --> 19:50.720]  Them a talk way too politically
[19:50.720 --> 19:53.720]  And them getting mad and angry
[19:53.720 --> 19:55.720]  But them not standing up and fighting
[19:55.720 --> 19:58.720]  Fight for their freedom and be free
[19:58.720 --> 20:00.720]  And they let them love slavery
[20:00.720 --> 20:02.720]  And get hand out for the government
[20:02.720 --> 20:04.720]  That's where we get
[20:04.720 --> 20:07.720]  We ask the question
[20:07.720 --> 20:09.720]  What they're hiding
[20:09.720 --> 20:12.720]  How they answer
[20:12.720 --> 20:16.720]  Alright folks, we are back
[20:16.720 --> 20:18.720]  This is Rule Of Law Radio
[20:18.720 --> 20:23.720]  Call in number is 512-646-1984
[20:23.720 --> 20:25.720]  Okay, we are going to start with the callers
[20:25.720 --> 20:27.720]  We have Matthew in Texas
[20:27.720 --> 20:30.720]  Matthew, what can we do for you?
[20:30.720 --> 20:33.720]  Hey Eddie, I called Randy and
[20:33.720 --> 20:36.720]  I forgot the guy's name the other day
[20:36.720 --> 20:38.720]  About this, but he got the letter in front of me now
[20:38.720 --> 20:40.720]  So it will make more sense
[20:40.720 --> 20:44.720]  I have an abatement order from the 14th Court of Appeals
[20:44.720 --> 20:46.720]  Telling the county criminal court
[20:46.720 --> 20:49.720]  This is a speeding ticket that I appealed
[20:49.720 --> 20:51.720]  To have a hearing
[20:51.720 --> 20:56.720]  Because of the fact that I didn't pay for
[20:56.720 --> 21:01.720]  The record to be sent up to the 14th
[21:01.720 --> 21:04.720]  What do you mean you didn't pay for the record?
[21:04.720 --> 21:06.720]  The transcript or the record?
[21:06.720 --> 21:08.720]  The transcript
[21:08.720 --> 21:10.720]  I didn't pay a filing fee or anything either
[21:10.720 --> 21:16.720]  I filed an affidavit of inability to pay
[21:16.720 --> 21:18.720]  Which was denied by the judge
[21:18.720 --> 21:20.720]  In the county criminal court
[21:20.720 --> 21:21.720]  On what grounds?
[21:21.720 --> 21:24.720]  And I don't know
[21:24.720 --> 21:26.720]  She just denied it
[21:26.720 --> 21:28.720]  I can dig it up
[21:28.720 --> 21:30.720]  Well, the thing about it
[21:30.720 --> 21:34.720]  I don't know what is in your affidavit of inability to pay
[21:34.720 --> 21:35.720]  Whatever that actually means
[21:35.720 --> 21:37.720]  The one that you have
[21:37.720 --> 21:40.720]  The one that I have?
[21:40.720 --> 21:42.720]  Well, I mean, yeah
[21:42.720 --> 21:45.720]  The one that you constructed
[21:45.720 --> 21:47.720]  Okay
[21:47.720 --> 21:49.720]  I think I took out one thing in it
[21:49.720 --> 21:51.720]  Because it didn't apply to me
[21:51.720 --> 21:55.720]  What I have, or what should be in what I have
[21:55.720 --> 21:59.720]  Is a surety bond
[21:59.720 --> 22:03.720]  The informer-est popper-est thing?
[22:03.720 --> 22:07.720]  Yeah
[22:07.720 --> 22:09.720]  That's a surety bond?
[22:09.720 --> 22:11.720]  Yes
[22:11.720 --> 22:18.720]  Does it have a place for three people to sign it?
[22:18.720 --> 22:20.720]  I don't think it did, no
[22:20.720 --> 22:25.720]  Okay, then can you tell me what folder you got it out of?
[22:25.720 --> 22:27.720]  I can't tell you which folder I got it out of
[22:27.720 --> 22:29.720]  But I can dig it up right here
[22:29.720 --> 22:30.720]  Because I have it
[22:30.720 --> 22:32.720]  Well, but that won't help me
[22:32.720 --> 22:38.720]  Because either you've got a really old outdated version of the seminar material
[22:38.720 --> 22:42.720]  Or you mixed it if you've got a current update with the old stuff
[22:42.720 --> 22:45.720]  Rather than deleting it like the instructions say to do
[22:45.720 --> 22:50.720]  Because what we're using is informer-popper-est
[22:50.720 --> 22:53.720]  It's a, well let's see
[22:53.720 --> 22:54.720]  Yeah, that's what I have right here
[22:54.720 --> 22:56.720]  Half a day for the bill to pay
[22:56.720 --> 22:58.720]  No, it's a
[22:58.720 --> 23:00.720]  Let's see
[23:00.720 --> 23:02.720]  It's a surety bond
[23:02.720 --> 23:03.720]  It's a surety bail bond
[23:03.720 --> 23:10.720]  That's what we've got
[23:10.720 --> 23:18.720]  Okay, so that wasn't supposed to be used for
[23:18.720 --> 23:22.720]  That can't be used for an appeal then I guess
[23:22.720 --> 23:28.720]  No, I don't even have that in the material that's in here anymore
[23:28.720 --> 23:33.720]  What's in here now is a petition for a surety bail bond
[23:33.720 --> 23:35.720]  No, that's not what this is
[23:35.720 --> 23:38.720]  The title of it is Affidavit of Inability to Pay Informer-Popper-est
[23:38.720 --> 23:47.720]  What is the file name of the document?
[23:47.720 --> 23:50.720]  I think I deleted that little thing at the top right side
[23:50.720 --> 23:51.720]  I don't like this
[23:51.720 --> 23:54.720]  No, no, no, not, not, okay
[23:54.720 --> 23:58.720]  On the computer, what is the name of the document?
[23:58.720 --> 24:02.720]  Did you change the file name of the document?
[24:02.720 --> 24:03.720]  No, I can't say that
[24:03.720 --> 24:04.720]  I don't think I did
[24:04.720 --> 24:06.720]  I don't change any of the names or anything
[24:06.720 --> 24:09.720]  Well, let me just tell you
[24:09.720 --> 24:11.720]  The way it concludes, it says
[24:11.720 --> 24:13.720]  I am unable to pay further cost
[24:13.720 --> 24:17.720]  First cost, cost of court, cost of appeal
[24:17.720 --> 24:19.720]  Or any cost thereof
[24:19.720 --> 24:22.720]  Or to give surety, therefore, at this time
[24:22.720 --> 24:24.720]  Or security, therefore, at this time
[24:24.720 --> 24:26.720]  I verify that they follow a law
[24:26.720 --> 24:29.720]  That's like the swearing that it's true
[24:29.720 --> 24:34.720]  Certificate of service, I sign, notary signs, that's it
[24:34.720 --> 24:38.720]  Okay, that was for the appeal, right?
[24:38.720 --> 24:42.720]  Yeah, to go up to the district court of appeals
[24:42.720 --> 24:45.720]  Yeah, the one that's in there now is
[24:45.720 --> 24:48.720]  08D Petition Surety Appeal Bond
[24:48.720 --> 24:51.720]  That's what's in there for doing an appeal
[24:51.720 --> 24:55.720]  Not an Affidavit of Inability to Pay
[24:55.720 --> 24:57.720]  Okay, well, okay, let me ask you this then
[24:57.720 --> 25:00.720]  Should I file that with the court and then...
[25:00.720 --> 25:03.720]  Well, that depends, are you within the timeframe of it?
[25:03.720 --> 25:07.720]  You've only got a certain amount of time to file the appeal bond
[25:07.720 --> 25:09.720]  Well, what I'm saying is that
[25:09.720 --> 25:14.720]  There's an abatement hearing ordered for the 14th of this month
[25:14.720 --> 25:17.720]  Ordered by who?
[25:17.720 --> 25:21.720]  The 14th court of appeals
[25:21.720 --> 25:22.720]  Okay
[25:22.720 --> 25:24.720]  They ordered the lower court to have an abatement hearing
[25:24.720 --> 25:27.720]  Because they want to know if I can pay or not
[25:27.720 --> 25:29.720]  Because they haven't received payment, apparently
[25:29.720 --> 25:34.720]  And I'm not going to bore you with the details, but...
[25:34.720 --> 25:37.720]  Yeah, see, these trial courts have a habit
[25:37.720 --> 25:41.720]  Of simply saying that if you've got this, this, or this
[25:41.720 --> 25:44.720]  Then you can pay and we're not going to let you claim indigency
[25:44.720 --> 25:46.720]  But the problem here is this
[25:46.720 --> 25:49.720]  The statute doesn't require that you be dead broke
[25:49.720 --> 25:52.720]  The statute doesn't require that you have zero money
[25:52.720 --> 25:56.720]  The statute requires that to pay the bond
[25:56.720 --> 26:02.720]  Would induce a financial hardship on the individual or his family
[26:02.720 --> 26:04.720]  That's the requirement
[26:04.720 --> 26:07.720]  It's not that you be dead broke
[26:07.720 --> 26:11.720]  Yeah, I know, we've actually talked about that before in your classes
[26:11.720 --> 26:17.720]  But for the bond, I don't think that the bond is the issue here
[26:17.720 --> 26:20.720]  It's the cost of the transcripts and stuff
[26:20.720 --> 26:22.720]  It's exactly the same thing
[26:22.720 --> 26:25.720]  The cost of appeal is everything
[26:25.720 --> 26:28.720]  If you don't have the money for the appeal
[26:28.720 --> 26:33.720]  How would you have ten times that for that blame transcript?
[26:33.720 --> 26:36.720]  Because the transcript they charge an arm and a leg for
[26:36.720 --> 26:40.720]  Yeah, they wanted $775 for my transcript
[26:40.720 --> 26:41.720]  Exactly
[26:41.720 --> 26:42.720]  Yeah
[26:42.720 --> 26:46.720]  Yeah, it's ridiculous what they charge for the transcripts
[26:46.720 --> 26:49.720]  Especially if a court clerk is the one producing it
[26:49.720 --> 26:51.720]  Yeah
[26:51.720 --> 26:53.720]  I agree
[26:53.720 --> 26:59.720]  So, any suggestions? I mean, I'm not asking you to fight this
[26:59.720 --> 27:02.720]  Well, without seeing the documentation, no
[27:02.720 --> 27:07.720]  Because I don't know what the court of appeals is telling them to do
[27:07.720 --> 27:14.720]  I need to see what's been filed and I need to see what's been returned on what's been filed and what's been ordered
[27:14.720 --> 27:15.720]  Okay
[27:15.720 --> 27:20.720]  So if you want to email those docs to me, I'll be happy to take a look at them and get back with you
[27:20.720 --> 27:24.720]  Okay, well, I don't want to bog down the other callers with that
[27:24.720 --> 27:26.720]  But one more question
[27:26.720 --> 27:38.720]  I had my first appearance on the 19th of this month
[27:38.720 --> 27:42.720]  The 13th or 19th, I don't remember if it's Wednesday, I'll check the date
[27:42.720 --> 27:50.720]  But I filed a few notices and special appearance and all that stuff
[27:50.720 --> 27:54.720]  And they're having a hearing for that on the 29th of next month
[27:54.720 --> 27:56.720]  But my first appearance is this month
[27:56.720 --> 28:00.720]  Is there any way I can get those things combined or subject to that?
[28:00.720 --> 28:05.720]  Because it doesn't make any sense that I'm showing up at court and they're going to want me to plea if one
[28:05.720 --> 28:09.720]  You don't ever enter a plea, don't ever do that
[28:09.720 --> 28:10.720]  Oh, yeah
[28:10.720 --> 28:13.720]  In fact, if they enter one for you
[28:13.720 --> 28:20.720]  Yes, but what I'm saying is it doesn't make no sense, it seems like an undue burden to show up twice for the same thing
[28:20.720 --> 28:24.720]  Well, that's the game
[28:24.720 --> 28:28.720]  The game is meant to tire you out first
[28:28.720 --> 28:33.720]  Let's call him in here multiple times, let's run up his gas bill, let's run up his time off work
[28:33.720 --> 28:36.720]  Let's try to get him fired if he keeps fighting back
[28:36.720 --> 28:42.720]  And designed that way
[28:42.720 --> 28:47.720]  So there's no motion I can put in or anything like that and say, hey, this is...
[28:47.720 --> 28:53.720]  You can put in anything you want, but I can guarantee you they're going to ignore it
[28:53.720 --> 29:02.720]  Or they're going to say, nope, sorry, make separate trips
[29:02.720 --> 29:06.720]  Because they can't wear you down if they're cutting you slack
[29:06.720 --> 29:11.720]  Yeah
[29:11.720 --> 29:17.720]  Oh, and then the last question, I don't like to do this to everybody who's listening, but
[29:17.720 --> 29:21.720]  For the public information request for the videos
[29:21.720 --> 29:23.720]  From the police cars?
[29:23.720 --> 29:24.720]  Yes
[29:24.720 --> 29:25.720]  Okay
[29:25.720 --> 29:30.720]  In the template you have, should I just delete anything that doesn't apply to me?
[29:30.720 --> 29:34.720]  Well, I don't know what you're saying doesn't apply to you, hang on just a second
[29:34.720 --> 29:37.720]  We'll finish that up on the other side, okay?
[29:37.720 --> 29:38.720]  Yeah
[29:38.720 --> 29:42.720]  Alright folks, this is Rule of Law Radio, Monday night show with your host Eddie Craig
[29:42.720 --> 29:47.720]  Calling number 512-646-1984
[29:47.720 --> 29:52.720]  If y'all want to give me a call, please do so we can get some discussions going here
[29:52.720 --> 30:02.720]  We'll be right back
[30:22.720 --> 30:27.720]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:27.720 --> 30:32.720]  So protect your rights, say no to surveillance and keep your information to yourself
[30:32.720 --> 30:35.720]  Privacy, it's worth hanging on to
[30:35.720 --> 30:38.720]  This message is brought to you by StartPage.com
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[30:42.720 --> 30:46.720]  Start over with StartPage
[30:46.720 --> 30:53.720]  One of the creepier Facebook features is their built-in facial recognition application that stores users' photos
[30:53.720 --> 30:56.720]  Along with those people who just happen to be standing in the background
[30:56.720 --> 31:06.720]  Thankfully, the European Union is challenging this invasive behavior by ordering Facebook to delete all facial recognition data collected from European users
[31:06.720 --> 31:09.720]  And to switch off the feature for good across Europe
[31:09.720 --> 31:14.720]  Officials in Ireland and Germany said the social media site was breaking European privacy laws
[31:14.720 --> 31:17.720]  By saving people's images without their consent
[31:17.720 --> 31:18.720]  Good move
[31:18.720 --> 31:21.720]  My only question is, what are the rest of us waiting for?
[31:21.720 --> 31:50.720]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine
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[32:04.720 --> 32:07.720]  In today's America, we live in an us against them society
[32:07.720 --> 32:12.720]  And if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights
[32:12.720 --> 32:15.720]  Among those rights are the right to travel freely from place to place
[32:15.720 --> 32:19.720]  The right to act in our own private capacity and most importantly, the right to due process of law
[32:19.720 --> 32:25.720]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
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[33:15.720 --> 33:25.720]  I got a warrant and I gonna serve them to the health government then prosecute them
[33:25.720 --> 33:29.720]  Okay
[33:29.720 --> 33:32.720]  Oh sir
[33:32.720 --> 33:36.720]  Citizens arrest for Mr Bush
[33:36.720 --> 33:41.720]  Citizens arrest for Dick Cheney
[33:41.720 --> 33:45.720]  Well I need a prosecutor to come and help me
[33:45.720 --> 33:47.720]  Prosecute them wickedly that you see
[33:47.720 --> 33:49.720]  They my murderer, liar, them tell me
[33:49.720 --> 33:51.720]  Them are liars
[33:51.720 --> 33:56.720]  Alright folks, we are back. This is Rule of Law Radio and we are talking to Matthew in Texas
[33:56.720 --> 33:59.720]  Alright Matthew, where were we?
[33:59.720 --> 34:03.720]  I'm talking about the public information request to get the video from the police car
[34:03.720 --> 34:05.720]  Okay
[34:05.720 --> 34:11.720]  In the public information request, so there are many templates, there are a few templates that you have
[34:11.720 --> 34:20.720]  But they start referring to occurrences in jail
[34:20.720 --> 34:26.720]  That stuff isn't really relevant because I never ended up going to jail regarding the traffic stop
[34:26.720 --> 34:33.720]  Yeah, in those, anything that is not specifically applicable to you as far as events and records
[34:33.720 --> 34:38.720]  Yes you can remove, but there are several different versions in there for a reason
[34:38.720 --> 34:45.720]  One of them doesn't deal with an arrest, it just deals with the video, audio, documentation and other records
[34:45.720 --> 34:49.720]  So you may just want to look through them and find the one that deals only with that
[34:49.720 --> 34:57.720]  If you can't find that one then yes, use one that asks for that information and delete the other stuff that isn't relevant
[34:57.720 --> 35:03.720]  Yeah, I think that I have the one that's closest to that, it still talks about jail though
[35:03.720 --> 35:06.720]  Okay, so just delete the stuff that doesn't apply
[35:06.720 --> 35:12.720]  Yes, just make sure you're deleting it out of your copy that you're going to change, don't delete it out of the original stuff
[35:12.720 --> 35:14.720]  Yes, I know, I don't do that
[35:14.720 --> 35:15.720]  Okay
[35:15.720 --> 35:17.720]  Always keep the original, alright, that's it, thanks
[35:17.720 --> 35:19.720]  Alright, thanks for calling in
[35:19.720 --> 35:20.720]  Okay, bye
[35:20.720 --> 35:21.720]  Bye bye
[35:21.720 --> 35:25.720]  Alright, now we're going to go to Wendy in Tennessee, Wendy what can we do for you?
[35:25.720 --> 35:36.720]  Hi Eddie, yes, Thursday my son and his wife was arrested, they were going down the highway, they passed a cop
[35:36.720 --> 35:41.720]  He goes down, completely stopped, turns in the driveway and comes back after them
[35:41.720 --> 35:46.720]  Okay, they were caught at 47 miles an hour and you know, 35
[35:46.720 --> 35:55.720]  And anyway, as soon as he blew out of them, they pulled open and he had them stick their hands out the window
[35:55.720 --> 36:01.720]  They complied and he told my son to step out, he put him on his knees, he emailed the road
[36:01.720 --> 36:08.720]  And he told him that he was running from him
[36:08.720 --> 36:12.720]  And evading arrest
[36:12.720 --> 36:15.720]  And then he had a gun on him at the time
[36:15.720 --> 36:24.720]  How far away from the patrol car, from where they passed the patrol car to the patrol car turned around and turned on his lights, did they actually stop?
[36:24.720 --> 36:26.720]  How far
[36:26.720 --> 36:27.720]  I'm sorry?
[36:27.720 --> 36:35.720]  How far was it, I'm asking him, how far was it from the time he put his lights on to the time he stopped?
[36:35.720 --> 36:45.720]  He didn't know exactly, he was pretty far behind him before he turned on his lights, he turned his lights on way behind you, right?
[36:45.720 --> 36:52.720]  He was in the opposite direction, and when he turned around he slipped on his lights, but that doesn't necessarily mean he was after them
[36:52.720 --> 36:54.720]  That's correct
[36:54.720 --> 37:03.720]  Yeah, there's absolutely no reason for them to suspect that the officer was after them if he wasn't anywhere near them when he turned on the lights
[37:03.720 --> 37:10.720]  It would be one thing if he ran up right behind them and then turned his lights on, and then he took off, that would have been a whole different story
[37:10.720 --> 37:20.720]  But there's no way if there was that much distance between them when he initiated his lights that he could reasonably say that they knew he was after them
[37:20.720 --> 37:35.720]  Right, and they got him for reckless endangerment because he was probably at distance and when he told him that he had caught him at 47 and 35
[37:35.720 --> 37:53.720]  But he was running from him, he said, and that he was doing reckless endangerment with his charges and felony evading arrest with his charges
[37:53.720 --> 38:07.720]  And her charges was public intoxication, now they did a street test on her, she was not drunk, but when she got out of the car and they had a gun on my son's head
[38:07.720 --> 38:17.720]  She told the officer to stand down, you're my servant, she said at that time he looked at her and said, well yeah I am, but you all was running
[38:17.720 --> 38:34.720]  But he did calm down, it wasn't as violent, harsh, or whatever, he was aggressive, now they did not do a breathalyzer on her nor him, no blood tests whatsoever
[38:34.720 --> 38:47.720]  But they both were arrested, and she was booked for PD, PI with no evidence whatsoever
[38:47.720 --> 38:50.720]  But she took the sobriety test?
[38:50.720 --> 38:51.720]  Yeah
[38:51.720 --> 39:01.720]  That was a mistake, okay, let me tell you one thing immediately, never, never take the sobriety test
[39:01.720 --> 39:12.720]  Every single sobriety test is subjective, that means the cop gets to decide if you pass or fail, no matter what
[39:12.720 --> 39:18.720]  Don't, and if he wants it to be fail, you're gonna fail
[39:18.720 --> 39:26.720]  They're never administered correctly, they're never administered according to standards, and it's completely subjective when you do it
[39:26.720 --> 39:36.720]  So now the issue is, is now you've got to contest the results of that sobriety field test
[39:36.720 --> 39:50.720]  That's gonna be a problem, unless you know exactly what to ask the officer to prove that he did it improperly, then his opinion is gonna be the only thing that matters when he testifies
[39:50.720 --> 39:59.720]  Do not ever submit to a sobriety test, okay, please continue
[39:59.720 --> 40:09.720]  Okay, so you could be public intoxicated in an automobile?
[40:09.720 --> 40:14.720]  No, you were not in public until the officer forced you into public
[40:14.720 --> 40:20.720]  Right, that's true, okay, and they got
[40:20.720 --> 40:33.720]  The officer, let me put it this way, the officer cannot induce the crime and then turn around and charge you for the crime, that's called entrapment
[40:33.720 --> 40:40.720]  They actually really don't know what that, they was never given a speeding ticket
[40:40.720 --> 40:45.720]  Well no, he went for the felony of aiding, why would he need a speeding ticket?
[40:45.720 --> 40:51.720]  They don't have to charge him with the speeding to charge him with the felony of aiding or anything else
[40:51.720 --> 41:02.720]  They just use the speeding as a reason for the preliminary stop, then they can make up anything else they want afterwards, and they usually do
[41:02.720 --> 41:06.720]  Okay, so tell me, how do we get back this thing?
[41:06.720 --> 41:18.720]  Well the first thing is you get your hands on the audio and video and all CAD information and dispatch information exchange between that patrol car, the dispatch, and everything else
[41:18.720 --> 41:27.720]  The CAD report is the computer aided dispatch report, that'll be everything that the dispatcher was entering into the computer system while this was all going on
[41:27.720 --> 41:37.720]  It will also have all of the recordings and everything of the audio transmissions that went between that patrol car and dispatch and any other patrol cars
[41:37.720 --> 41:48.720]  Then you want the audio and video from his dash cam and from any body microphones and personal cameras the officer might be wearing, okay
[41:48.720 --> 42:02.720]  You want to know everything that was said and done the minute the officer turned around, because the moment he turned the lights on the audio on that camera engaged
[42:02.720 --> 42:06.720]  Okay, but the camera is always on right?
[42:06.720 --> 42:14.720]  It should be, it depends upon the system, but for the most part normally the video is on even if the audio isn't
[42:14.720 --> 42:19.720]  That's how you know when they've activated the lights, the audio kicks in
[42:19.720 --> 42:29.720]  So if this actually shows that he did a flip flop in a driveway a mile behind him and he activated his lights while he was making that turn
[42:29.720 --> 42:34.720]  Then there's no reasonable way for him to say they automatically knew he was after them
[42:34.720 --> 42:43.720]  But if however the video shows him running up behind them and then he activates his lights on their tail and then they do something other than signaling they were stopping
[42:43.720 --> 42:52.720]  Like increase their speed or make sharp turns if they're trying to get away from him or something like that, the video will show that
[42:52.720 --> 42:56.720]  And of course so will the audio and he'll be talking about it
[42:56.720 --> 43:04.720]  But we may find something in the audio that shows the officer is attempting to set them up for something
[43:04.720 --> 43:08.720]  You just don't know what you're going to find, that's why you want it
[43:08.720 --> 43:12.720]  Okay, and you did that as an open record request?
[43:12.720 --> 43:19.720]  It depends on what it is in Tennessee, I would assume you can do that in Tennessee like you can here in Texas
[43:19.720 --> 43:23.720]  And you can also file a motion for discovery if you're not using a lawyer
[43:23.720 --> 43:29.720]  I would file the motion for discovery immediately before I ever hired a lawyer
[43:29.720 --> 43:35.720]  And try to get that done because the first thing a lawyer is going to do is try to withdraw the motion for discovery
[43:35.720 --> 43:42.720]  He's not going to want you doing discovery of anything so he controls the case and the outcome, not you
[43:42.720 --> 43:47.720]  Hang on just a second, Wendy, we're going to take a break and then we'll finish this up on the other side, okay?
[43:47.720 --> 43:48.720]  Okay
[43:48.720 --> 43:57.720]  Alright, Kev, Andrew, y'all hang on, we'll talk when we get back, call in number 512-646-1984, we'll be right back
[43:57.720 --> 44:02.720]  Are you the plaintiff or defendant in a lawsuit?
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[46:15.720 --> 46:32.720]  Alright folks, we are back. This is Rule of Law Radio. Right now we are talking with Wendy in Tennessee. Alright, Wendy
[46:32.720 --> 46:45.720]  Okay, my next question is, okay, during the arraignment I heard you tell the other man, don't ever, never, ever plea. That's correct. How should they handle that situation when they ask for their plea?
[46:45.720 --> 46:55.720]  Say, I declined to plea at this time and the reason we're doing that is three-fold. There are three inherent rights being violated by entering that plea if all these things haven't been covered beforehand
[46:55.720 --> 47:04.720]  You're entitled to notice of the charges against you, which means they have to file the complaint and whatever the proper charging instrument is in your particular state
[47:04.720 --> 47:15.720]  Here in Texas, despite what they want you to believe, a complaint alone is not sufficient. They have to have an indictment or information to go along with a complaint
[47:15.720 --> 47:25.720]  Well, most of the time they don't. But that is the only written instrument that has to have everything in it that the state is required to prove
[47:25.720 --> 47:38.720]  The complaint does not have to have that. It cannot properly be said that you have been given full notice of the charge against you if you do not know what it is the state has to prove
[47:38.720 --> 47:46.720]  And the charging instrument is the only thing required to have that. The complaint at best is an accusatory instrument
[47:46.720 --> 47:59.720]  If you enter a plea, you waive right to notice of what's in that instrument. They can charge you with a completely different crime and it won't matter. You waive the right to argue
[47:59.720 --> 48:08.720]  Now, they still have to prove it, of course, but they can charge you with something different than what they originally told you and you can't go back and complain about it
[48:08.720 --> 48:16.720]  Because you waive the right of notice. Here in Texas, you also waive the right to argue against the form and substance
[48:16.720 --> 48:23.720]  Meaning that if it's improper as far as the format, no, you can't say anything anymore. You waived it
[48:23.720 --> 48:35.720]  If it's improper in accordance to having the proper charge, again, you can't say anything. You waive the right for them to give you a copy of it like they're required to do here in Texas
[48:35.720 --> 48:44.720]  And I'm assuming everywhere else because it's a due process right. You have a right to a written copy of what they're accusing you of in any state
[48:44.720 --> 48:56.720]  Now, the third one is you waive in personam jurisdiction by entering a plea. That's why we don't enter pleas. If they enter one, you have to object to it
[48:56.720 --> 49:06.720]  Especially if you haven't been served with proper notice and everything else. If they haven't met all the requirements of due process, you do not want to be entering a plea
[49:06.720 --> 49:15.720]  They very rarely ever comply with law or the right of due process when they're doing these things
[49:15.720 --> 49:21.720]  Correct. So they just need to decline?
[49:21.720 --> 49:32.720]  They say I decline to plea at this time. Well, then the court will enter one for you of not guilty. Objection. I refuse to waive any rights associated with the entering of a plea
[49:32.720 --> 49:43.720]  My due process rights have been violated by not providing me proper notice, not providing me with a written copy of the charging instrument and the nature and cause against me like you're required to do
[49:43.720 --> 49:54.720]  And I'm not going to give you personal jurisdiction over me if you violated my rights. Object to it. If they proceed, keep objecting, but at least it'll be in the record
[49:54.720 --> 50:02.720]  And since both of these I'm assuming are higher than a fine only offense, I know the felony is, but I don't know about the other one
[50:02.720 --> 50:10.720]  Then that should be in a court of record, which means all you have to do when you go in there, reserve your right of special appearance, which they'll say is only for civil cases
[50:10.720 --> 50:17.720]  Well, judge, a challenge to jurisdiction is a civil act. It's not a criminal act
[50:17.720 --> 50:25.720]  If you have jurisdiction, we'll move into the criminal stuff. But while we're talking about jurisdiction, this proceeding is civil
[50:25.720 --> 50:30.720]  So I have the right to make a special appearance to protect my right of jurisdiction
[50:30.720 --> 50:34.720]  Or lack thereof in this case
[50:34.720 --> 50:44.720]  So that's the reason I'm here by special appearance to challenge the jurisdiction of the court. I move that all proceedings be on the record
[50:44.720 --> 50:52.720]  Okay. Anything else, Liz?
[50:52.720 --> 50:56.720]  From my end or from yours?
[50:56.720 --> 51:05.720]  I was asking them if there's anything else that they wanted me to ask. I think you covered it pretty well because I was kind of concerned about what to say
[51:05.720 --> 51:11.720]  And I know here in Tennessee, I have experience where they plead for you
[51:11.720 --> 51:22.720]  Yeah. That's probably what they're going to do, but you need to make sure to preserve the right or preserve the error to make that argument that your rights were violated by the entering of the plea
[51:22.720 --> 51:28.720]  When they had not met the requirements of due process prior to doing so
[51:28.720 --> 51:29.720]  Okay
[51:29.720 --> 51:30.720]  Okay
[51:30.720 --> 51:31.720]  Okay, ladies. Thank you
[51:31.720 --> 51:33.720]  Yes, ma'am. Y'all have a great night
[51:33.720 --> 51:35.720]  You too, hon. Bye
[51:35.720 --> 51:41.720]  Alright, now we're going to go to Kev in Michigan. Kev, what can we do for you?
[51:41.720 --> 51:43.720]  Good evening, Eddie. How's it going?
[51:43.720 --> 51:45.720]  It's going fine. What's up?
[51:45.720 --> 51:52.720]  I got some issues. I went to court a few weeks back
[51:52.720 --> 51:54.720]  You went to court on what?
[51:54.720 --> 51:56.720]  A few weeks back
[51:56.720 --> 51:57.720]  Okay
[51:57.720 --> 52:07.720]  And it was for some civil infractions, not wearing a seat belt and not having insurance and I guess a tail light or whatever
[52:07.720 --> 52:11.720]  But the judge didn't even ask me to enter into a plea
[52:11.720 --> 52:13.720]  And I asked for
[52:13.720 --> 52:18.720]  Well, that's just it. In a civil infraction, the judge can't ask you to enter a plea
[52:18.720 --> 52:21.720]  There is no plea in a civil infraction
[52:21.720 --> 52:24.720]  Because it's not a crime
[52:24.720 --> 52:26.720]  Yeah, so
[52:26.720 --> 52:29.720]  It's entirely administrative
[52:29.720 --> 52:37.720]  I asked for a complaint or a charging instrument and he said that the ticket itself was sufficient
[52:37.720 --> 52:44.720]  I objected to that because I did exactly
[52:44.720 --> 52:49.720]  Okay, in Michigan, what is the requirements? Well, see, here's the problem
[52:49.720 --> 52:55.720]  In Michigan or any state, a civil proceeding complaint is a lawsuit
[52:55.720 --> 52:57.720]  It's all it can be
[52:57.720 --> 52:58.720]  Yeah
[52:58.720 --> 53:01.720]  So where's the complaint and who's making the claim?
[53:01.720 --> 53:05.720]  Who's claiming you owe them money for some breach of contract?
[53:05.720 --> 53:08.720]  Because in civil, that's what you've got
[53:08.720 --> 53:11.720]  Somebody had to breach an agreement
[53:11.720 --> 53:14.720]  Where's the agreement? Who's got it?
[53:14.720 --> 53:17.720]  Who's claiming I breached it? Who's the other party?
[53:17.720 --> 53:19.720]  When and where did I sign it?
[53:19.720 --> 53:24.720]  I want to see it because I can testify that it actually exists
[53:24.720 --> 53:29.720]  So I was denied a complaint
[53:29.720 --> 53:31.720]  They said that the tickets were sufficient
[53:31.720 --> 53:39.720]  And I challenge the fact that they said that I was in transportation
[53:39.720 --> 53:41.720]  That I was driving
[53:41.720 --> 53:46.720]  So all of my objections were to the deadly sins
[53:46.720 --> 53:50.720]  The judge even failed to enter judgment
[53:50.720 --> 53:54.720]  Because I was arguing that I couldn't defend myself
[53:54.720 --> 53:57.720]  Because this says that it's civil
[53:57.720 --> 54:03.720]  But none of the rules that pertain to civil infractions are being followed
[54:03.720 --> 54:09.720]  So the judge told me that he would give me 15 days to supplement my pleadings
[54:09.720 --> 54:15.720]  Because he denied my motion out of hand to dismiss this case
[54:15.720 --> 54:19.720]  Because it was a civil infraction
[54:19.720 --> 54:26.720]  Basically you stopped me and my liberty for a civil infraction without a warrant
[54:26.720 --> 54:34.720]  So basically the judge told me I couldn't have a jury and I objected to that
[54:34.720 --> 54:36.720]  Then the judge can't take your money
[54:36.720 --> 54:38.720]  It's that simple
[54:38.720 --> 54:41.720]  Because that makes that a bill of pains and penalties
[54:41.720 --> 54:45.720]  Right off the bat, if they deny you the right of a jury trial
[54:45.720 --> 54:49.720]  See, even in a civil matter you're entitled to a jury trial
[54:49.720 --> 54:54.720]  If the amount exceeds 20 bucks, you get a jury trial
[54:54.720 --> 54:56.720]  Exactly
[54:56.720 --> 54:57.720]  Exactly
[54:57.720 --> 55:02.720]  So what you need to do is find out what the rules on recusal or disqualification of this judge are
[55:02.720 --> 55:06.720]  File judicial conduct complaints against this judge
[55:06.720 --> 55:12.720]  Show where the judge is actually trying to mix the rules of procedure between criminal and civil
[55:12.720 --> 55:20.720]  And there's no authority of law to do that because this is a civil infraction, not a criminal one
[55:20.720 --> 55:27.720]  And because it was civil, the arrest was illegal and the judge knows that and isn't upholding it
[55:27.720 --> 55:31.720]  Instead he's conspiring to get the conviction
[55:31.720 --> 55:37.720]  Yeah, and they actually went to trial on me right there and I objected to it because the officer was there
[55:37.720 --> 55:43.720]  And basically the officer, you know, he was talking about me not wearing a seatbelt
[55:43.720 --> 55:48.720]  And the prosecutor, I'm going to tell you something, the prosecutor didn't know what was going on
[55:48.720 --> 55:55.720]  And Todd, he probably still didn't know what was going on because he thought my objections were going to come from me not wearing a seatbelt
[55:55.720 --> 56:02.720]  But I never went to Marist with him because I always objected to any term that would put me in a commercial capacity
[56:02.720 --> 56:09.720]  And the judge finally understood what I was doing by the middle of it and he actually saved the officer
[56:09.720 --> 56:16.720]  Because the officer said that he can break the law in order to, I guess, arrest me
[56:16.720 --> 56:19.720]  So I asked him where did he get that
[56:19.720 --> 56:30.720]  You need to find case law for Michigan that says that they cannot arrest you without a warrant for a civil infraction
[56:30.720 --> 56:33.720]  You need to find the Michigan case law that makes that a point
[56:33.720 --> 56:37.720]  You need to file that in your supplemental pleadings, okay
[56:37.720 --> 56:46.720]  As a matter of fact, my pleadings, my original pleadings have Supreme Court justices saying that you can't arrest for a civil infraction
[56:46.720 --> 56:48.720]  State Supreme Court or federal?
[56:48.720 --> 56:50.720]  The State Supreme Court
[56:50.720 --> 56:55.720]  Okay, then this judge has no leeway to ignore that
[56:55.720 --> 56:59.720]  Provided, of course, this is an actual judge and not an administrative hearing officer
[56:59.720 --> 57:08.720]  Which right off the bat you should object to because you're filing documents that say I do not consent to any nonjudicial proceedings
[57:08.720 --> 57:15.720]  And if they're telling you you're not entitled to a jury trial and you're not, you know, they can do what they want
[57:15.720 --> 57:18.720]  That's an administrative proceeding
[57:18.720 --> 57:20.720]  It's not judicial
[57:20.720 --> 57:27.720]  So I couldn't basically do anything except object through it and they went and did whatever they did
[57:27.720 --> 57:31.720]  So I didn't hurt myself in that regard, did I?
[57:31.720 --> 57:35.720]  Because what was I supposed to do? Just sit there and be quiet?
[57:35.720 --> 57:38.720]  You objected to them going through it, right?
[57:38.720 --> 57:43.720]  Yes, I objected to them going through this administrative hearing without me having a jury
[57:43.720 --> 57:49.720]  Okay, then what you need to do is find out if there's an official oppression, abuse of official capacity
[57:49.720 --> 57:55.720]  If there's anything in your state penal code that will allow you to go after this guy for violations of your rights
[57:55.720 --> 57:59.720]  Because you can sue them both state and federal for that
[57:59.720 --> 58:03.720]  You can sue them twice
[58:03.720 --> 58:07.720]  He has no immunity when he's acting outside of jurisdiction
[58:07.720 --> 58:14.720]  And if you challenged it and he didn't do it as an administrative officer, he's kinda stuck
[58:14.720 --> 58:17.720]  So you think that's why you didn't rule on it?
[58:17.720 --> 58:18.720]  It's possible
[58:18.720 --> 58:23.720]  Once he understood that you were arguing that you were not in a subject over which he had jurisdiction
[58:23.720 --> 58:32.720]  He realized he was treading on thin ice if he continued without you putting the trap around or the noose around your own neck
[58:32.720 --> 58:38.720]  Alright Kev, I need to take a break so you can hang on and we'll finish this up on the other side, okay?
[58:38.720 --> 58:39.720]  Alright
[58:39.720 --> 58:42.720]  Alright folks, this is Rule of Law Radio, this is our top of the hour break
[58:42.720 --> 58:49.720]  Give us a call, 512-646-1984, we'll be right back
[58:49.720 --> 58:53.720]  The Bible remains the most popular book in the world
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[59:47.720 --> 59:50.720]  That's freestudybible.com
[59:50.720 --> 59:53.720]  You are listening to the Logos Radio Network
[59:53.720 --> 59:56.720]  LogosRadioNetwork.com
[01:00:02.720 --> 01:00:06.720]  This is the Liberty Beat, your daily source for Liberty News and activist updates
[01:00:06.720 --> 01:00:09.720]  Online at thelibertybeat.com
[01:00:09.720 --> 01:00:14.720]  I'm Bryan Hagen with your Liberty Beat for Monday, August 11th, 2014
[01:00:14.720 --> 01:00:17.720]  Gold opened today at $1,310
[01:00:17.720 --> 01:00:20.720]  Silver opened today at $19.97
[01:00:20.720 --> 01:00:25.720]  And Bitcoin is trading around $588.65
[01:00:25.720 --> 01:00:29.720]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage Inc.
[01:00:29.720 --> 01:00:33.720]  Specializing in precious metals since 1977
[01:00:33.720 --> 01:00:40.720]  Online at rrbi.co or by phone at 800-874-9760
[01:00:40.720 --> 01:00:50.720]  In the news, the New York Post reports that the New York City City Council will not be accepting over 30,000 signatures for the high-rise safety initiative
[01:00:50.720 --> 01:00:58.720]  That's a measure that would require an investigation into all high-rise collapses on or since September 11th of 2001
[01:00:58.720 --> 01:01:05.720]  City Council Speaker Melissa Mark-Viverito told the Post that the city will not waste taxpayer dollars by
[01:01:05.720 --> 01:01:07.720]  humoring conspiracy theorists
[01:01:07.720 --> 01:01:13.720]  Activists and 9-11 victims, family members with the New York City Coalition for Accountability Now
[01:01:13.720 --> 01:01:19.720]  have worked since March to gather over 100,000 signatures to place the measure on the November ballot
[01:01:19.720 --> 01:01:24.720]  The group released a statement Friday stating that they had filed suit against the city
[01:01:24.720 --> 01:01:31.720]  Representatives of the city will be required to appear in court for an initial hearing on Thursday, August 14th
[01:01:31.720 --> 01:01:37.720]  This past Saturday, a crowd of 75 found themselves at Brave New Books in Austin
[01:01:37.720 --> 01:01:41.720]  for the Alliance of Austin Agorists' eighth networking party
[01:01:41.720 --> 01:01:44.720]  Speakers included Kathryn Bleich of thebitmom.com
[01:01:44.720 --> 01:01:47.720]  Jessica and Justin Armand of My Magic Mud
[01:01:47.720 --> 01:01:50.720]  and Tracy Ward of Pinkies Palaeotias
[01:01:50.720 --> 01:01:54.720]  The speakers told inspirational stories of their own agorist journeys
[01:01:54.720 --> 01:01:59.720]  and left the crowd with a series of practical steps that one can take to join the counter-economy
[01:01:59.720 --> 01:02:05.720]  The speeches can be heard and found online at sovereignliving.com in the podcast feed
[01:02:05.720 --> 01:02:12.720]  If you're interested to learn more about unschooling, a philosophy of child-led education
[01:02:12.720 --> 01:02:18.720]  there's an unschool support group meeting scheduled for tonight at Central Market North on Lamar in Austin
[01:02:18.720 --> 01:02:22.720]  Join experienced unschoolers and those seeking to learn more in the outdoor eating area
[01:02:22.720 --> 01:02:27.720]  by the playground anytime from 6.30 until 9 this evening
[01:02:27.720 --> 01:02:30.720]  Support for the Liberty Beat comes from My Magic Mud
[01:02:30.720 --> 01:02:31.720]  All natural teeth widener
[01:02:31.720 --> 01:02:35.720]  Go to mymagicmud.com to hear a short interview with Dr. Griffin Cole
[01:02:35.720 --> 01:02:37.720]  That's mymagicmud.com
[01:02:37.720 --> 01:02:40.720]  And support comes from the notorious activist Michael Cargill
[01:02:40.720 --> 01:02:43.720]  He has a new show called Come and Talk It
[01:02:43.720 --> 01:02:47.720]  live each Sunday afternoon at 4 o'clock at 1370 a.m. in Austin
[01:02:47.720 --> 01:02:50.720]  That's Sundays at 4 on 1370 a.m.
[01:02:50.720 --> 01:02:56.720]  This is the Liberty Beat for Monday, August 11, 2014
[01:02:56.720 --> 01:03:18.720]  Check out the website at thelibertybeat.com
[01:03:27.720 --> 01:03:30.720]  I won't pay for the war with my body
[01:03:30.720 --> 01:03:34.720]  Ain't gonna pay for the car with my money
[01:03:34.720 --> 01:03:37.720]  I won't pay for the fun with my body
[01:03:37.720 --> 01:03:40.720]  There's times we get in their logic shoddy
[01:03:40.720 --> 01:03:44.720]  Ain't gonna pay for the war with my body
[01:03:44.720 --> 01:03:47.720]  I won't pay for the boys with my money
[01:03:47.720 --> 01:03:51.720]  Ain't gonna pay for the kids with my body
[01:03:51.720 --> 01:03:55.720]  The whole agenda smells funny
[01:03:55.720 --> 01:04:01.720]  I wanna fight in the war of my own
[01:04:01.720 --> 01:04:08.720]  That one would be less accidental
[01:04:08.720 --> 01:04:12.720]  I wanna pay for the war of my own
[01:04:12.720 --> 01:04:14.720]  Alright folks, we are back
[01:04:14.720 --> 01:04:18.720]  This is Real Law Radio and we're talking to Kev in Michigan
[01:04:18.720 --> 01:04:20.720]  Alright Kev
[01:04:20.720 --> 01:04:34.720]  Would you just go ahead and go to the mandamus since he's acting out of his jurisdiction by rejecting what
[01:04:34.720 --> 01:04:38.720]  Well I don't know what the procedures in Michigan are and whether a mandamus would be proper
[01:04:38.720 --> 01:04:41.720]  Because that's from a court to a lower court
[01:04:41.720 --> 01:04:44.720]  And this is not a court
[01:04:44.720 --> 01:04:48.720]  This is an administrative panel or review board or whatever
[01:04:48.720 --> 01:04:51.720]  It's an administrative proceeding no matter what
[01:04:51.720 --> 01:04:55.720]  So when they're telling you you don't have a right to a jury trial
[01:04:55.720 --> 01:05:01.720]  That is a dead bang certainty it's an administrative proceeding
[01:05:01.720 --> 01:05:04.720]  Okay, that's an absolute certainty
[01:05:04.720 --> 01:05:09.720]  Because they cannot deny you a jury trial in a civil or criminal case
[01:05:09.720 --> 01:05:14.720]  Especially in civil if it exceeds 20 bucks
[01:05:14.720 --> 01:05:19.720]  So how would you go about
[01:05:19.720 --> 01:05:23.720]  I would just simply file suit against the individual
[01:05:23.720 --> 01:05:26.720]  Acting outside of his authority
[01:05:26.720 --> 01:05:31.720]  He is enforcing a bill of pains and penalties
[01:05:31.720 --> 01:05:36.720]  It's that simple
[01:05:36.720 --> 01:05:40.720]  And that's illegal even in Michigan
[01:05:40.720 --> 01:05:42.720]  The judicial conduct complaint
[01:05:42.720 --> 01:05:47.720]  No you can't do a judicial conduct complaint against anybody that's not a judicial officer
[01:05:47.720 --> 01:05:49.720]  And this moron isn't
[01:05:49.720 --> 01:05:51.720]  Can't be
[01:05:51.720 --> 01:05:57.720]  And if he is he's not acting as one in this capacity
[01:05:57.720 --> 01:05:59.720]  Okay
[01:05:59.720 --> 01:06:06.720]  So the 15 days how should I handle that additional time
[01:06:06.720 --> 01:06:09.720]  Should I just move straight into
[01:06:09.720 --> 01:06:14.720]  I would just send a tort letter and saying okay you wanted me to change my pleadings here it is
[01:06:14.720 --> 01:06:20.720]  As an administrative hearing officer who has no authority to enforce a bill of pains and penalties
[01:06:20.720 --> 01:06:23.720]  You are acting without any lawful authority and jurisdiction
[01:06:23.720 --> 01:06:28.720]  The Supreme Court of Michigan has said infractions are not arrestable offenses
[01:06:28.720 --> 01:06:30.720]  You have chosen to ignore that
[01:06:30.720 --> 01:06:35.720]  Therefore you are subject to suit
[01:06:35.720 --> 01:06:38.720]  Have a nice day
[01:06:38.720 --> 01:06:43.720]  That's not a motion
[01:06:43.720 --> 01:06:46.720]  No it's not but you get the gist of what I'm saying
[01:06:46.720 --> 01:06:48.720]  You're going to move one more time to dismiss it
[01:06:48.720 --> 01:06:50.720]  You're going to reinforce it with the case law
[01:06:50.720 --> 01:06:53.720]  And the moment he denies it
[01:06:53.720 --> 01:06:55.720]  File suit
[01:06:55.720 --> 01:06:58.720]  Sue the living crap out of him
[01:06:58.720 --> 01:07:00.720]  And he said I couldn't have another hearing
[01:07:00.720 --> 01:07:03.720]  I don't know if that's correct or not
[01:07:03.720 --> 01:07:08.720]  If I file a motion I'm pretty sure I would have to have a hearing to hear that motion
[01:07:08.720 --> 01:07:11.720]  Well he may do it all in one thing but
[01:07:11.720 --> 01:07:13.720]  Either way
[01:07:13.720 --> 01:07:19.720]  What you need to do is let him know that you are required to follow the case law
[01:07:19.720 --> 01:07:23.720]  If you're not going to do that then obviously you're acting either under your own volition
[01:07:23.720 --> 01:07:29.720]  Or you're violating my due process rights by conducting an administrative proceeding
[01:07:29.720 --> 01:07:32.720]  When I objected to administrative proceedings
[01:07:32.720 --> 01:07:39.720]  And you can sue him for enforcing an unlawful bill of pains and penalties
[01:07:39.720 --> 01:07:44.720]  He's not going to have any immunity as an administrative hearing officer
[01:07:44.720 --> 01:07:47.720]  He's not acting in a judicial capacity
[01:07:47.720 --> 01:07:51.720]  Okay so like if I were to file a motion
[01:07:51.720 --> 01:07:56.720]  So you're saying don't even go into filing motions to see on what grounds he
[01:07:56.720 --> 01:08:03.720]  No you file one more motion to dismiss the charges because of fruit of the poison tree
[01:08:03.720 --> 01:08:06.720]  The initial arrest was illegal
[01:08:06.720 --> 01:08:10.720]  It's illegal according to the Michigan Supreme Court
[01:08:10.720 --> 01:08:12.720]  Here's the case law
[01:08:12.720 --> 01:08:15.720]  Ignore the case law at your peril
[01:08:15.720 --> 01:08:23.720]  I move that this administrative body dismiss these charges
[01:08:23.720 --> 01:08:24.720]  Okay
[01:08:24.720 --> 01:08:30.720]  And along with that motion file a tort letter
[01:08:30.720 --> 01:08:37.720]  And name this guy personally as its target
[01:08:37.720 --> 01:08:38.720]  Okay
[01:08:38.720 --> 01:08:45.720]  So that tort letter would be filed along with it or separate?
[01:08:45.720 --> 01:08:47.720]  Yeah you're going to attach the tort letter not your original
[01:08:47.720 --> 01:08:49.720]  You're going to make a copy of it
[01:08:49.720 --> 01:08:51.720]  You're going to get the notice of tort
[01:08:51.720 --> 01:08:53.720]  You're going to sign it and you're going to get it notarized
[01:08:53.720 --> 01:08:57.720]  You're going to make a copy and you're going to put a copy with this
[01:08:57.720 --> 01:09:04.720]  And just put in the motion to dismiss that if this is not dismissed
[01:09:04.720 --> 01:09:07.720]  I hereby put you on notice that you have committed a tort
[01:09:07.720 --> 01:09:10.720]  And I will be filing suit for the tort
[01:09:10.720 --> 01:09:14.720]  And you attach the letter that's their notice of tort
[01:09:14.720 --> 01:09:15.720]  Okay
[01:09:15.720 --> 01:09:17.720]  Okay
[01:09:17.720 --> 01:09:21.720]  Since this is not a judicial officer you're not threatening anybody
[01:09:21.720 --> 01:09:27.720]  You're doing what's within your legal right to do protecting your rights
[01:09:27.720 --> 01:09:29.720]  I didn't even check and see if this guy was a judge
[01:09:29.720 --> 01:09:31.720]  I probably should start there too right?
[01:09:31.720 --> 01:09:38.720]  You can check and see if he is but I'm willing to bet he's not
[01:09:38.720 --> 01:09:44.720]  I didn't check I probably need to go and pull his oath of office
[01:09:44.720 --> 01:09:50.720]  He may not have one of those but he said he was with the bar when I asked him was he a judge
[01:09:50.720 --> 01:09:54.720]  Well that would just mean he's a lawyer not necessarily a judge
[01:09:54.720 --> 01:10:05.720]  Okay well I'll get the ball rolling on this thing and see if I can make him squeal one time and give you a good report
[01:10:05.720 --> 01:10:08.720]  That'll work
[01:10:08.720 --> 01:10:11.720]  Alright Eddie y'all will bless you
[01:10:11.720 --> 01:10:13.720]  Alright thank you ma'am
[01:10:13.720 --> 01:10:21.720]  Alright now we are going to move to Andrew in Pennsylvania
[01:10:21.720 --> 01:10:24.720]  Andrew what can we do for you?
[01:10:24.720 --> 01:10:31.720]  Hi Eddie I need some assistance on some stuff that Randy told me when I spoke to him on the radio show this past Thursday
[01:10:31.720 --> 01:10:36.720]  I know you don't study Pennsylvania law but you don't have to study Pennsylvania law to understand this
[01:10:36.720 --> 01:10:43.720]  He told me about how Pennsylvania has a unique system the prosecutor in Pennsylvania has prosecutorial discretion
[01:10:43.720 --> 01:10:50.720]  Meaning if you file a complaint against the police to prosecute an attorney he will exercise prosecutorial discretion
[01:10:50.720 --> 01:10:55.720]  And decide not to prosecute Randy said Pennsylvania is the only state where the citizen has standing
[01:10:55.720 --> 01:11:01.720]  Which means you can appeal prosecution attorneys decision not to prosecute to the Pennsylvania court of common pleas
[01:11:01.720 --> 01:11:09.720]  And you would complain that the prosecutor did not exercise prosecutorial discretion but instead exercise prosecutorial caprice
[01:11:09.720 --> 01:11:14.720]  Which is not an authority he has since he decided who he wanted to and for that matter did not want to prosecute
[01:11:14.720 --> 01:11:19.720]  Rather than if there was sufficient evidence that a crime was committed and the accused had committed the crime
[01:11:19.720 --> 01:11:26.720]  Randy then said so you charge the prosecutor with shielding from prosecution official misconduct with the attorney general
[01:11:26.720 --> 01:11:35.720]  In Pennsylvania who has prosecutorial powers and prosecutorial duty and the duty part is key because if he refuses to act
[01:11:35.720 --> 01:11:40.720]  You report to the PA court of common pleas and if they don't appeal then you can take your
[01:11:40.720 --> 01:11:46.720]  And if they refuse to act on your case the common pleas court does then you can take their refusal to the United States Supreme Court
[01:11:46.720 --> 01:11:53.720]  That would force the Pennsylvania Attorney General Randy claim to make the prosecution attorney act like he understands the law
[01:11:53.720 --> 01:11:57.720]  Because the attorney general wouldn't want the people to go against him in the next election
[01:11:57.720 --> 01:12:04.720]  There's a couple of things I want to clear up before I explain how this ties into the red light camera issue that I'm currently facing
[01:12:04.720 --> 01:12:05.720]  Randy was not
[01:12:05.720 --> 01:12:09.720]  Wait wait wait, did you call to ask a question or give her dissertation?
[01:12:09.720 --> 01:12:16.720]  Well I need some clarification on what Randy was talking about and then how this ties into how I can utilize this
[01:12:16.720 --> 01:12:25.720]  Okay well I'll do my best but I believe you are mistaken when you say this doesn't require that you study Pennsylvania law
[01:12:25.720 --> 01:12:30.720]  If Pennsylvania is doing something different than everyone else in their law
[01:12:30.720 --> 01:12:38.720]  How do you come to the conclusion you don't need to know what that is before you answer the question?
[01:12:38.720 --> 01:12:42.720]  Okay well I can see how that might confuse you but before I get into
[01:12:42.720 --> 01:12:46.720]  Actually I would confuse anybody but give it a shot
[01:12:46.720 --> 01:12:51.720]  Okay first of all Randy was not very clear as to when you're supposed to report to the court of common pleas
[01:12:51.720 --> 01:12:56.720]  Are you supposed to report the prosecution attorney straight to the PA court of common pleas?
[01:12:56.720 --> 01:13:07.720]  Or are you supposed to report the prosecutor to the PA attorney general and then if the attorney general does not act on his prosecutorial duty
[01:13:07.720 --> 01:13:10.720]  Then you're supposed to report to the PA court of common pleas
[01:13:10.720 --> 01:13:16.720]  What does the Pennsylvania case law and statutes dealing with those specific subjects say?
[01:13:16.720 --> 01:13:20.720]  That's what I would obviously have to research
[01:13:20.720 --> 01:13:22.720]  Ah you and me both
[01:13:22.720 --> 01:13:31.720]  Okay yes but I definitely would look into that but I'm saying would it make more sense to report the prosecutor to the attorney general
[01:13:31.720 --> 01:13:40.720]  Wait wait wait wait I can't answer that Andrew because I don't know what the requirements are as to who reports to who in Pennsylvania I haven't studied that
[01:13:40.720 --> 01:13:49.720]  Because in Texas the attorney general is an executive officer he is not judicial
[01:13:49.720 --> 01:14:02.720]  So it's an asinine argument to say that a judicial officer is liable for what he does to an executive officer under separation of powers
[01:14:02.720 --> 01:14:04.720]  Not possible
[01:14:04.720 --> 01:14:12.720]  A prosecutor is a judicial officer unless your state constitution sets him up as something else
[01:14:12.720 --> 01:14:16.720]  While your AG is almost always an executive officer
[01:14:16.720 --> 01:14:30.720]  And if your constitution has a separation of powers one cannot be reporting to the other because the separation of powers doctrine would forbid the one from ordering the other one around
[01:14:30.720 --> 01:14:38.720]  Right and I would have to take that into account in regards to how I do the reporting to the
[01:14:38.720 --> 01:14:50.720]  Exactly so how can you report a prosecutor to an AG for anything other than prosecution by the AG who won't do it because his job is to defend him instead
[01:14:50.720 --> 01:14:55.720]  Well that's when you're supposed to go to the court of comment please is what Randy
[01:14:55.720 --> 01:14:57.720]  Then I think you just answered your question
[01:14:57.720 --> 01:15:04.720]  Okay so it's report the prosecution attorney to the attorney general and then if he
[01:15:04.720 --> 01:15:16.720]  No no if the attorney general can't do anything is the state constitution or any statute authorize the AG to prosecute any state official
[01:15:16.720 --> 01:15:20.720]  I would definitely need to look into that
[01:15:20.720 --> 01:15:21.720]  Exactly
[01:15:21.720 --> 01:15:28.720]  Okay but how this ties into the red light cameras red light camera thing that was installed in Abington Township
[01:15:28.720 --> 01:15:36.720]  Brandi told me I would have a case here and I could potentially use this to my advantage the red light cameras Randy said are crime by ownership
[01:15:36.720 --> 01:15:45.720]  And the fact is on January 9th this past January I explained to the Abington Township commissioners and they actually I got this whole thing on video
[01:15:45.720 --> 01:15:51.720]  I explained to them how your red light camera system is staffed and I even made reference to your info wars presentation
[01:15:51.720 --> 01:15:55.720]  And I said what Eddie does with this presentation can be done with Pennsylvania black letter law as well
[01:15:55.720 --> 01:16:00.720]  And I've got the evidence here to show it and I actually did the research on that I didn't have a time to read that loud
[01:16:00.720 --> 01:16:06.720]  Because I was limited to three minutes but I basically said here's the evidence I'll put on the podium if anybody's interested please look at it
[01:16:06.720 --> 01:16:13.720]  Well two weeks ago a headline came out in the local paper that said on the front page headline red light cameras installed in Abington
[01:16:13.720 --> 01:16:19.720]  Was such a slap in the face to me and to make it even more insulting below that was an article about how William Kelly the Abington police chief
[01:16:19.720 --> 01:16:25.720]  Was named president of the Abington excuse me of the Pennsylvania Chiefs of Police Association
[01:16:25.720 --> 01:16:31.720]  And well Randy told me that I should sue the county commissioners not the police but the county commissioners
[01:16:31.720 --> 01:16:36.720]  Well if the city installed it how's the county liable?
[01:16:36.720 --> 01:16:45.720]  Well the county I guess is liable because I lectured them on how it's illegal and they decided to ignore me and I can prove that through the video that I got on film and the newspaper article
[01:16:45.720 --> 01:16:52.720]  Okay wait wait wait you're missing my point if the county didn't install them how are they liable? Hang on just a second
[01:16:52.720 --> 01:16:59.720]  Alright folks this is Rule of Law Radio 512646 1984 we'll be right back
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[01:19:14.720 --> 01:19:31.720]  Don't bore me
[01:19:31.720 --> 01:19:54.720]  Ain't gonna fool me with that same old trick again I was blindsided but now I can see your plan You put the fear in my pockets took the money from my hand Ain't gonna fool me with that same old trick again
[01:19:54.720 --> 01:20:15.720]  Ain't gonna fool me with that same old sucker punch
[01:20:15.720 --> 01:20:25.720]  All right folks we are back this is Rule of Law Radio. All right we are talking to Andrew in Pennsylvania. All right Andrew go ahead
[01:20:25.720 --> 01:20:44.720]  Yeah um when Randy said county I think he meant to say township I did say Abington Township not right that's my point so when we're talking about this how are you going after the county you can't they didn't install them the city did or the township or whatever you want to call it
[01:20:44.720 --> 01:20:54.720]  Yeah and Randy is saying it makes more sense to sue the commissioners instead of suing the police I guess you could probably you can sue the city council
[01:20:54.720 --> 01:20:55.720]  Right
[01:20:55.720 --> 01:21:00.720]  Or whatever it is they call them there but it won't be the county
[01:21:00.720 --> 01:21:03.720]  Right it won't be the county it'll be it's township specific
[01:21:03.720 --> 01:21:11.720]  But the problem is is were they authorized to install them under state law
[01:21:11.720 --> 01:21:16.720]  Were they authorized to install them under state law
[01:21:16.720 --> 01:21:22.720]  Does state law allow townships to install red light cameras in Pennsylvania
[01:21:22.720 --> 01:21:29.720]  Well if they do I guess it certainly wouldn't be illegal because there's no reasonable expectation of privacy in public if it's a
[01:21:29.720 --> 01:21:49.720]  Whoa whoa whoa whoa whoa whoa whoa whoa I'm not asking you to make legal conclusions especially if you can't prove them I'm asking you is there state law that authorizes towns cities villages whatever to install red light cameras
[01:21:49.720 --> 01:21:53.720]  How could the answer to that question possibly be yes if they're used
[01:21:53.720 --> 01:22:02.720]  Because the legislature would have created it if it's yes that's why
[01:22:02.720 --> 01:22:06.720]  Okay so um
[01:22:06.720 --> 01:22:24.720]  Whether you agree with it not or not is not my question whether you agree it's right or wrong is not my question my question is is did the Pennsylvania legislature pass any statutes that allows these places to install these cameras
[01:22:24.720 --> 01:22:37.720]  I cannot answer that question I do not know the answer okay if they're not authorized to do it by state law then they're regulating in a place where state law will apply because Pennsylvania has a motor vehicle code right
[01:22:37.720 --> 01:22:43.720]  Yes okay then most likely what they can and cannot do regarding speed enforcement is in there
[01:22:43.720 --> 01:22:48.720]  What they can and cannot do regarding any kind of enforcement is in there
[01:22:48.720 --> 01:23:08.720]  If they're not allowed to install these cameras under state law odds are then you can sue the township but if they're there under state law authority then what you have to do is challenge the constitutionality of the statute and you don't have standing to do that until you get the ticket
[01:23:08.720 --> 01:23:23.720]  So I should run a red light camera on purpose and then get a ticket? No you should have someone else use your car to run a red light camera on purpose so you can get the ticket
[01:23:23.720 --> 01:23:26.720]  Okay well what Randy asked me
[01:23:26.720 --> 01:23:37.720]  Now I'm not saying go through an intersection because these things will usually ticket you even if you make a right turn at an intersection
[01:23:37.720 --> 01:23:50.720]  Right right and what Randy asked me did you get a ticket I told him no but he still told me that doesn't necessarily mean you can't sue them he also said consider filing a tort letter I'd obviously have to look into the process
[01:23:50.720 --> 01:24:01.720]  Okay let me I don't know where Randy's telling you that from and I'm not going to say is wrong till I understand his reasoning by talking to Randy directly but let me put something in your ear just in case he didn't
[01:24:01.720 --> 01:24:17.720]  In order to do a tort which is a lawsuit you have to have a cause of action in order to have a cause of action you must have standing in order to have standing you must have suffered the harm you are claiming
[01:24:17.720 --> 01:24:39.720]  You can't claim a harm on someone else's behalf okay you can't even in a class action suit you cannot be a plaintiff in a class action suit unless you suffered a same or similar harm to everyone else that's a plaintiff in the suit
[01:24:39.720 --> 01:25:03.720]  Yeah that makes sense. So for you to have standing to sue anybody the ticket has to be issued to you not to someone else so since the camera bases its ticketing on the ownership of the car not who's behind the wheel that's how you suffer the harm without incurring the act
[01:25:03.720 --> 01:25:09.720]  That's what gives you the standing you need to sue
[01:25:09.720 --> 01:25:14.720]  Okay so this means that I do not have any stand even though I have a video of me lecturing the committee
[01:25:14.720 --> 01:25:26.720]  No what you lecture the you can go lecture the squirrels in the park it does not give you standing to sue against them eating nuts
[01:25:26.720 --> 01:25:30.720]  Okay and the newspaper article that shows they ignored me doesn't matter either way
[01:25:30.720 --> 01:25:44.720]  Absolutely not. Only when they harm you in some form or fashion do you have standing to go after them or anyone else
[01:25:44.720 --> 01:25:54.720]  Okay so let someone use my car and run the red light and then they send the ticket to me and then that's when I can go from there is your suggestion
[01:25:54.720 --> 01:26:04.720]  Because most likely what's going to happen is the tickets going to tell you to report to an administrative proceeding. Now you better do your studying Andrew. What happens in the administrative proceeding?
[01:26:04.720 --> 01:26:17.720]  Who do you see first and is there judicial review of the determination made by that individual? If there isn't then it's also an unconstitutional bill of pains and penalties
[01:26:17.720 --> 01:26:27.720]  So you could have more than one claim as far as a harm goes but you got to get standing to get either one
[01:26:27.720 --> 01:26:35.720]  Okay and Randy also told me to suggest that I should do an information request for who got cited and also send them
[01:26:35.720 --> 01:26:46.720]  Well the citation will say who got cited. It's going to have your name on it or you wouldn't have got it in the mail
[01:26:46.720 --> 01:26:59.720]  Oh right of course it wasn't. So Randy wasn't really telling me that I can do the information request to see who got cited and then use one of those citations to sue them. No you're saying I can't do that because I didn't
[01:26:59.720 --> 01:27:09.720]  I don't see how that would be possible. You can't sue them unless you suffer the harm. So it would have to be your car
[01:27:09.720 --> 01:27:20.720]  Okay one more time. Can you just tell me why I shouldn't run the red light on purpose. Someone else should use my car and run it. Why?
[01:27:20.720 --> 01:27:29.720]  Because you harm your ability to make a claim. When you say I committed the act I mean you can do it but it makes the argument harder
[01:27:29.720 --> 01:27:40.720]  See they're the ones that have to prove you're the one that was guilty. They can't do that if you weren't in the car but they're going to fine you anyway
[01:27:40.720 --> 01:27:58.720]  You're compounding their problem and simplifying yours. That's all. You want to go run it on purpose? Be my guest but they can turn around and make a seriously harder argument for you when you do that
[01:27:58.720 --> 01:28:12.720]  Because then if you admit yeah I ran the light it's no longer an issue of guilt by ownership. It's an issue of guilt by actually doing it. Completely different fight
[01:28:12.720 --> 01:28:29.720]  Yeah it is a different fight. I'll definitely look into this. Randy did say I could use it to my advantage. I'm not asking you to talk to him about this or anything but I guess I might as well maybe clarify a few things when I speak to him next time he's on the air
[01:28:29.720 --> 01:28:42.720]  Like I say I don't know what he's using as a reference. I have not studied Pennsylvania law but I know what standing is and I know that you don't have it in any state whatsoever if you're not the one that suffered the harm
[01:28:42.720 --> 01:28:55.720]  So unless there's some special statute in Pennsylvania that would give you standing to sue without suffering the harm I don't see how that argument is going to fly and it's going to work
[01:28:55.720 --> 01:29:00.720]  I will definitely ask Randy about that. I will definitely look into my research on that
[01:29:00.720 --> 01:29:07.720]  And just remember don't tell him I said he was wrong. I'm not saying that because I don't know what he's relying on to say that
[01:29:07.720 --> 01:29:18.720]  But I'm telling you what my understanding of civil process and suing somebody is. If you don't have standing you don't have a case. End of story
[01:29:18.720 --> 01:29:20.720]  Understood Eddie
[01:29:20.720 --> 01:29:22.720]  Alright thanks a lot
[01:29:22.720 --> 01:29:24.720]  You're welcome
[01:29:24.720 --> 01:29:25.720]  Thank you
[01:29:25.720 --> 01:29:26.720]  Bye
[01:29:26.720 --> 01:29:34.720]  Alright now we're going to go to Rob in Illinois. Rob I've got about 30 seconds left so if you'll hang on I will get you on the other side of this break
[01:29:34.720 --> 01:29:42.720]  Alright folks I've got a half an hour left. I've got Rob in Dallas. I may take the whole 30 minutes with him or I may not
[01:29:42.720 --> 01:29:50.720]  So just in case 512-646-1984 if you want to call in get in line and if I got time I'll get to you
[01:29:50.720 --> 01:29:54.720]  So y'all hold on we'll be right back
[01:30:20.720 --> 01:30:26.720]  You'll never get it back again and once your privacy is gone you'll find your freedoms will start to vanish too
[01:30:26.720 --> 01:30:34.720]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy it's worth hanging onto
[01:30:34.720 --> 01:30:44.720]  This message is brought to you by Startpage.com the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage
[01:30:44.720 --> 01:30:50.720]  In Maine 16 year old Justin Hallman made a two minute YouTube video for his American Government class
[01:30:50.720 --> 01:31:02.720]  The clip showed military parades in North Korea, military drills in American cities and TV reporters wondering aloud whether the Republican Party had disenfranchised presidential candidate Ron Paul
[01:31:02.720 --> 01:31:13.720]  Justin got an A plus but then he got a visit from FBI agents. They grilled him on his hobbies and the video and then Justin says they tried to recruit him as an informant
[01:31:13.720 --> 01:31:23.720]  He declined. Are federal agents really interrogating suburban kids? Sounds to me like Justin's video on government abuse may have struck a little too close to home
[01:31:23.720 --> 01:31:29.720]  I'm Dr. Catherine Albrecht for Startpage.com the world's most private search engine
[01:31:29.720 --> 01:31:35.720]  This is building 7 a 47 story skyscraper that fell on the afternoon of September 11
[01:31:35.720 --> 01:31:42.720]  The government says that fire brought it down however 1,500 architects and engineers concluded it was a controlled demolition
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[01:33:30.720 --> 01:33:40.720]  Alright folks, we are back. This is Rule of Law Radio and we are talking to Rob in Illinois. Rob, what you got?
[01:33:40.720 --> 01:33:49.720]  Hello, Eddie. I've been listening to your call for quite some time here and I think there was a man on the show last week
[01:33:49.720 --> 01:33:58.720]  and these people have stated they have a hard time grasping the concept of being in transportation and traveling
[01:33:58.720 --> 01:34:04.720]  and I explained this to a friend of mine who was also having an issue with it very simply
[01:34:04.720 --> 01:34:09.720]  and I said to this person, I said, I'm going to accuse you of eating a Twinkie
[01:34:09.720 --> 01:34:12.720]  and they come back and say, I have the right to eat a Ho-Ho
[01:34:12.720 --> 01:34:16.720]  and I said to them, ding-dong, that's not what I'm accusing you of
[01:34:16.720 --> 01:34:19.720]  I'm accusing you of eating a Twinkie
[01:34:19.720 --> 01:34:22.720]  Is that simple, Ed?
[01:34:22.720 --> 01:34:27.720]  It's simple. I don't know if they can make the correlation to the subject matter but it's simple
[01:34:27.720 --> 01:34:30.720]  I won't argue with you there
[01:34:30.720 --> 01:34:35.720]  Okay, thank you. That's just one way of getting the light bulb turned on
[01:34:35.720 --> 01:34:39.720]  Yeah, provided that the power company is feeding them
[01:34:39.720 --> 01:34:46.720]  Exactly. I've got two other little things to bring up
[01:34:46.720 --> 01:34:50.720]  The guy called earlier, I think it was Kevin from Michigan
[01:34:50.720 --> 01:34:54.720]  and I'm actually working on something and this is in the works
[01:34:54.720 --> 01:34:57.720]  and this is coming from a guy who's been doing this for over 40 years
[01:34:57.720 --> 01:35:03.720]  and he says that, what he would say is he has first-hand knowledge that the state of Michigan
[01:35:03.720 --> 01:35:08.720]  does not have the ability to prove that I ever knowingly, willingly and intentionally
[01:35:08.720 --> 01:35:14.720]  having been informed of the negative consequences thereof prior thereto
[01:35:14.720 --> 01:35:20.720]  voluntarily agreed to submit myself to the authority of the state of Michigan
[01:35:20.720 --> 01:35:25.720]  or whatever you're talking about, artificial political dominion
[01:35:25.720 --> 01:35:28.720]  and he has had success with this
[01:35:28.720 --> 01:35:32.720]  because what you're doing is you're challenging their ability to prove
[01:35:32.720 --> 01:35:37.720]  that you ever knowingly or willingly or intentionally volunteered to come under their jurisdiction
[01:35:37.720 --> 01:35:39.720]  Well, but here's the thing
[01:35:39.720 --> 01:35:46.720]  The question is, one, has he consistently won with this argument
[01:35:46.720 --> 01:35:50.720]  and is it reproducible in others?
[01:35:50.720 --> 01:35:54.720]  Because I don't consider it successful until that is what happens
[01:35:54.720 --> 01:36:00.720]  Intermittent hits here and there, that's not successful
[01:36:00.720 --> 01:36:03.720]  That's just the judge not wanting to deal with it
[01:36:03.720 --> 01:36:06.720]  or the administrative hearing officer not wanting to deal with it
[01:36:06.720 --> 01:36:10.720]  because you're putting up a fight, you're going to cost them money and they know it
[01:36:10.720 --> 01:36:14.720]  and especially if it's over a $20 ticket, like parking
[01:36:14.720 --> 01:36:21.720]  whereas if it's big money, they're liable to steamroll him and keep right on going
[01:36:21.720 --> 01:36:27.720]  Right, where I think this guy is coming from with this is not getting into the merits
[01:36:27.720 --> 01:36:31.720]  Well again, I don't get into merits either depending upon what it is
[01:36:31.720 --> 01:36:36.720]  but how does his system work if you're a commercial driver that actually has a license
[01:36:36.720 --> 01:36:40.720]  but your rights are being violated, how does what he's saying help then
[01:36:40.720 --> 01:36:45.720]  because the license proves that's an incorrect statement
[01:36:45.720 --> 01:36:49.720]  You did submit, you just submitted for this one purpose
[01:36:49.720 --> 01:36:53.720]  and they can't prove you were engaged in that purpose
[01:36:53.720 --> 01:36:56.720]  They're alleging it but they can't prove it
[01:36:56.720 --> 01:37:01.720]  but you did submit for that purpose or you wouldn't have that license, right?
[01:37:01.720 --> 01:37:02.720]  Right
[01:37:02.720 --> 01:37:07.720]  So his argument wouldn't work with someone that's actually done that, right?
[01:37:07.720 --> 01:37:12.720]  Right, this was for a three letter agency with the IRS
[01:37:12.720 --> 01:37:15.720]  This guy had success with them, so years ago
[01:37:15.720 --> 01:37:20.720]  What does arguing that I've never given myself to the state of Michigan have to do with the federal?
[01:37:20.720 --> 01:37:26.720]  Well no, I just used the state of Michigan for an example, for people out there on Michigan
[01:37:26.720 --> 01:37:32.720]  but he used the IRS, he said I've never knowingly or willingly ever subjected myself to the political jurisdiction of the IRS
[01:37:32.720 --> 01:37:36.720]  and they don't have the ability to prove it and he hasn't heard from them in 40 years
[01:37:36.720 --> 01:37:38.720]  They've left them alone
[01:37:38.720 --> 01:37:45.720]  So I also did a FOIA request on some corporate charters for some towns in my area
[01:37:45.720 --> 01:37:53.720]  and what I got back was that I read one of them and it said that it's a managerial form of government
[01:37:53.720 --> 01:37:56.720]  Would you be able to comment on that?
[01:37:56.720 --> 01:38:03.720]  Well it's exactly what it says, I mean you'd have to look and see how they define that in Illinois
[01:38:03.720 --> 01:38:12.720]  but here in Texas for instance, the city councils, the city charters say that they are a council manager form of government
[01:38:12.720 --> 01:38:15.720]  Well that's not a republican form of government, right?
[01:38:15.720 --> 01:38:16.720]  Right
[01:38:16.720 --> 01:38:20.720]  That's them doing whatever they want as council manager
[01:38:20.720 --> 01:38:27.720]  Now the thing that I find odd about that for Texas is, is that means mayor is a nobody
[01:38:27.720 --> 01:38:29.720]  He's a figurehead, he's a nothing
[01:38:29.720 --> 01:38:35.720]  Because the actual form of government is the city council and the city manager
[01:38:35.720 --> 01:38:40.720]  It is not the mayor, the mayor is not even mentioned in the form of government as far as that goes
[01:38:40.720 --> 01:38:49.720]  So you can't honestly say these people are representing you because then it would have to be a republican form of government
[01:38:49.720 --> 01:38:51.720]  if they're actually required to represent you
[01:38:51.720 --> 01:39:03.720]  And since that's the only form of government we've allowed to exist in Texas, I would make the argument that city and manager form of government is a constitutional violation
[01:39:03.720 --> 01:39:06.720]  I never consented to that, I'm not going to consent to that
[01:39:06.720 --> 01:39:14.720]  Just like I'm not going to consent to any ordinance that they produce and claim that they can use against me
[01:39:14.720 --> 01:39:16.720]  I'm not submitting to that either
[01:39:16.720 --> 01:39:27.720]  So when they just say manager, sounds to me like Illinois says one guy can call all the shots and the rest of everybody else be danged
[01:39:27.720 --> 01:39:35.720]  Right, for Illinois it says all power is inherent in the people, the people created the government
[01:39:35.720 --> 01:39:38.720]  All power or all political power?
[01:39:38.720 --> 01:39:43.720]  I don't have my constitution exactly right in front of me, actually I do
[01:39:43.720 --> 01:39:52.720]  I actually have a certified copy from the archives but I've gone over it many times
[01:39:52.720 --> 01:39:55.720]  I can come back with that on another show
[01:39:55.720 --> 01:40:00.720]  But it does say something to the effect that the government was created by the authority of the people
[01:40:00.720 --> 01:40:06.720]  Well yeah, every state constitution says that but you wouldn't know it by the way they do things
[01:40:06.720 --> 01:40:08.720]  They consider us superfluous
[01:40:08.720 --> 01:40:13.720]  Here's the thing about what you're talking about and the way that I see what they're doing
[01:40:13.720 --> 01:40:18.720]  The entities of government, federal, state, local, you name it
[01:40:18.720 --> 01:40:22.720]  They have completely reversed the role of everybody
[01:40:22.720 --> 01:40:30.720]  They now believe government has an inherent unalienable right to exist and do what it wants
[01:40:30.720 --> 01:40:38.720]  And we are subjects of the government that was created on high over us instead of the other way around
[01:40:38.720 --> 01:40:41.720]  That's exactly what our representatives have gotten into
[01:40:41.720 --> 01:40:49.720]  The moment a representative of the people says nah I'm not going to do it that way and there's no way we can do it that way
[01:40:49.720 --> 01:40:51.720]  This is how we're going to do it
[01:40:51.720 --> 01:40:57.720]  You don't have a representative form of government the moment anyone opens their mouth while they're holding a representative office
[01:40:57.720 --> 01:40:59.720]  And says that to any member of the public
[01:40:59.720 --> 01:41:09.720]  The only time they can say that legitimately is when that member of the public is requesting that they violate their oath and the constitution in the same breath
[01:41:09.720 --> 01:41:12.720]  I want you to grant me a special favor over everyone else
[01:41:12.720 --> 01:41:14.720]  Nope, sorry we can't do that
[01:41:14.720 --> 01:41:16.720]  That's a proper no
[01:41:16.720 --> 01:41:22.720]  You can't allow a city to create an ordinance and say it has an effect on me
[01:41:22.720 --> 01:41:24.720]  Well yeah we can, we can do that
[01:41:24.720 --> 01:41:26.720]  Show me where in the state constitution it is
[01:41:26.720 --> 01:41:28.720]  Well we don't really go by that
[01:41:28.720 --> 01:41:30.720]  That's not a proper no
[01:41:36.720 --> 01:41:37.720]  Hello
[01:41:37.720 --> 01:41:39.720]  Yes, oh I agree Eddie
[01:41:39.720 --> 01:41:41.720]  I'm with you all the way
[01:41:41.720 --> 01:41:50.720]  These are non-constitutional entities and the state legislature was never given the authority by the people to create these agencies
[01:41:50.720 --> 01:41:54.720]  No, not let them lord it over us, no they weren't
[01:41:54.720 --> 01:42:03.720]  There's nothing in the state constitution that allows here in Texas, they can create municipalities
[01:42:03.720 --> 01:42:13.720]  But there's nothing in that creation provision of the state constitution that says that municipality has any power and authority whatsoever over the people
[01:42:13.720 --> 01:42:16.720]  Doesn't say that anywhere
[01:42:16.720 --> 01:42:23.720]  And yet they're acting as if they do
[01:42:23.720 --> 01:42:33.720]  Yep, they have, we have here the preamble to the Illinois constitution and what this guy who had success years ago with the IRS
[01:42:33.720 --> 01:42:53.720]  He, this is the one thing he says and it's very simple, he says I make claim to have been born of the posterity of the people of the United States of America as they established and designated themselves in the preamble to the original subordinate constitution of the United States of America of 1787
[01:42:53.720 --> 01:43:02.720]  And I go further into that by saying and the preamble to the original constitution for Illinois or Illinois of 1818
[01:43:02.720 --> 01:43:10.720]  And that's very simple, that lays out who you are, you are of the posterity of the people
[01:43:10.720 --> 01:43:18.720]  And that I think it's the status that, I'll get you more information on that Eddie
[01:43:18.720 --> 01:43:19.720]  Okay
[01:43:19.720 --> 01:43:32.720]  Let's see, oh there was one other little thing here and this was from a retired judge who made this one statement and I think I might have brought this up to you in a call a while back
[01:43:32.720 --> 01:43:39.720]  But he says the only one who can represent the state of Illinois is the attorney general and only in matters pertaining to the state constitution
[01:43:39.720 --> 01:43:46.720]  Yeah and it's actually written the same way here in Texas, he can only regulate corporate entities and everything else
[01:43:46.720 --> 01:43:49.720]  Okay Rob I need to take a break so are you done?
[01:43:49.720 --> 01:43:51.720]  Yeah I'm done thanks Eddie
[01:43:51.720 --> 01:43:59.720]  Alright Rob thanks for calling in, alright folks we're going to take a break, Dallas, Bothell we'll be right back
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[01:46:45.720 --> 01:46:52.720]  Watchin' the spots fly
[01:46:52.720 --> 01:47:02.720]  Alright folks, we are back. This is Rule of Law Radio and we are going to go to Dallas in Texas. Dallas, what's up?
[01:47:02.720 --> 01:47:04.720]  Hey buddy. Howdy.
[01:47:04.720 --> 01:47:13.720]  You were saying you're not into a plea. I presume that you're speaking about guilty, not guilty or no contest, right?
[01:47:13.720 --> 01:47:17.720]  Yeah, or anything else for that matter if it resembles a plea
[01:47:17.720 --> 01:47:27.720]  Well, I'm beginning to study O'Connor's quite a bit, the people that write the stuff for Texas and there's a plea to jurisdiction
[01:47:27.720 --> 01:47:31.720]  Yeah, but that's the same as a challenge to jurisdiction
[01:47:31.720 --> 01:47:33.720]  Okay, okay
[01:47:33.720 --> 01:47:45.720]  It's not the entering of a plea as far as to the merits of the allegations against you. It's a plea to the fact that this court lacks jurisdiction to hear the merits of anything against me
[01:47:45.720 --> 01:47:48.720]  More like a motion then, basically
[01:47:48.720 --> 01:48:07.720]  Well, yeah. It's not so much a motion. It is and it isn't. It's not put together as a motion. It's simply put together as a challenge or a motion challenging jurisdiction. You can call it whatever you want, but that's what you're doing. You're moving the court to dismiss for lack of jurisdiction
[01:48:07.720 --> 01:48:18.720]  Okay, and I hear you talk about special appearance a lot, but it appears in O'Connor's that special appearance is specifically for challenging personal jurisdiction
[01:48:18.720 --> 01:48:28.720]  That's correct. Well, no. Special appearance is for challenging any jurisdiction, but personal is one of those that can get waived
[01:48:28.720 --> 01:48:41.720]  You always have the right to challenge subject matter, regardless of the course, but the special appearance reserves the right so that personal jurisdiction isn't waived. That is correct
[01:48:41.720 --> 01:48:47.720]  And in a due order of pleading, that should be the very first thing you do
[01:48:47.720 --> 01:48:48.720]  Absolutely
[01:48:48.720 --> 01:48:49.720]  Is that correct?
[01:48:49.720 --> 01:48:53.720]  Yes, that's the first thing said and the first thing written
[01:48:53.720 --> 01:49:11.720]  Yes, I do see some instances where you can have communications with the courts without waiving it, but it's a little bit tricky because the plaintiff, if you're the defendant, can really hammer you if you step out of the due order of pleading
[01:49:11.720 --> 01:49:27.720]  Right, and as far as any of that goes, anything that you sign relating to the charges, any plea you enter, any motion you file without reservation of special appearance makes the appearance general
[01:49:27.720 --> 01:49:32.720]  Once you make a general appearance, personal jurisdiction is gone
[01:49:32.720 --> 01:49:34.720]  Yeah, you can't get that back
[01:49:34.720 --> 01:49:51.720]  No, so now all you've got left is either venue or subject matter. Venue can be changed, personal can be waived, but subject matter is absolute. They either have it or they don't
[01:49:51.720 --> 01:49:55.720]  And that's why you can challenge those at any time
[01:49:55.720 --> 01:50:17.720]  About the personal jurisdiction, because this is a tax foreclosure deal that I'm looking at defending. You know how they do their notice or they do their service in the paper, in the newspaper, in the local paper
[01:50:17.720 --> 01:50:39.720]  And I found that if the whereabouts of the defendant or respondent is known, then that particular form of notice is insufficient for notice, so you could challenge that lack of notice by special appearance and challenge the personal jurisdiction. Is that correct?
[01:50:39.720 --> 01:50:55.720]  Well, it depends on what's allowed to be in that as far as what you're discussing, because here in Texas, they either have to put the name of the accused in something they're providing them service on or accusing them of, or they have to put a physical description as close as possible
[01:50:55.720 --> 01:51:04.720]  It doesn't have to be exact, it only has to be as close as possible or as much as they know, so it doesn't have to be exact
[01:51:04.720 --> 01:51:06.720]  To the person or to the property?
[01:51:06.720 --> 01:51:22.720]  Well, that's to a person. I don't know in a civil matter as to what they would do regarding the property, but most of the time when they're going after property, they have to go after it according to a physical description of plot and everything else
[01:51:22.720 --> 01:51:25.720]  A quote legal description
[01:51:25.720 --> 01:51:26.720]  Correct
[01:51:26.720 --> 01:51:53.720]  Okay, one last question for you, I know we're kind of running short on time here, but I have reason to believe and do believe that the defects and their pleadings, because they're so general and they're void of any statutory elements that I don't think those defects could be cured by challenging by special exception
[01:51:53.720 --> 01:52:02.720]  But you can file a written rebuttal to whatever they file, an answer to it, and a challenge to it, and say that
[01:52:02.720 --> 01:52:14.720]  There's no cited authority for this, and authority that is cited is cited in such general terms as to make the point moot as to what it actually means, provided that it's possible to do that with what they're citing
[01:52:14.720 --> 01:52:15.720]  I am a defense
[01:52:15.720 --> 01:52:19.720]  Right, okay, okay, I got you, I got you
[01:52:19.720 --> 01:52:22.720]  Well cool man, keep up the good work buddy
[01:52:22.720 --> 01:52:24.720]  Alright, well thanks for calling in Dallas
[01:52:24.720 --> 01:52:25.720]  Alright Eddie
[01:52:25.720 --> 01:52:26.720]  Alright, bye bye
[01:52:26.720 --> 01:52:27.720]  Bye
[01:52:27.720 --> 01:52:32.720]  Alright, just enough time to talk to Ted in Washington, Ted what do you got?
[01:52:32.720 --> 01:52:35.720]  Hello Eddie, thank you for taking my call, can you hear me okay?
[01:52:35.720 --> 01:52:42.720]  Uh, for the moment, unless it starts raining and blowing up there in Washington, then I don't know if anybody will hear you again
[01:52:42.720 --> 01:52:45.720]  Uh, it's 100 degrees today, so yeah
[01:52:45.720 --> 01:52:46.720]  Alright
[01:52:46.720 --> 01:52:57.720]  I wanted your advice and help on maybe a, uh, bar grievance against a deputy prosecutor and a judicial conduct complaint against the judge
[01:52:57.720 --> 01:52:59.720]  Okay, in what respect?
[01:52:59.720 --> 01:53:08.720]  Uh, they dismissed the speeding ticket for the lesser speed that the trooper lied about initially
[01:53:08.720 --> 01:53:15.720]  And when I appeared in court I had a pending motion for lack of jurisdiction, she did not rule on it
[01:53:15.720 --> 01:53:22.720]  She got very irate and she said that I can't come in on a mitigated hearing and ask a bunch of questions and start my tirade
[01:53:22.720 --> 01:53:25.720]  And she says I have to reschedule it for a contested hearing
[01:53:25.720 --> 01:53:30.720]  She said that the constitutional rights do not apply here because it's a civil matter
[01:53:30.720 --> 01:53:31.720]  And the
[01:53:31.720 --> 01:53:36.720]  Baloney, your constitutional rights don't end because it's civil?
[01:53:36.720 --> 01:53:42.720]  I had a feeling about that, that's why I'm prepared to go against her and against the
[01:53:42.720 --> 01:53:50.720]  Yeah, you definitely need to judicially conduct complaint her and you need to file a, whatever constitutes a dismissal motion there
[01:53:50.720 --> 01:54:00.720]  And cite, uh, violations of the judicial canons that they have taken, that the judge has declared that the state constitution does not apply in, in that court
[01:54:00.720 --> 01:54:04.720]  Or to the rights of the accused appearing before that court
[01:54:04.720 --> 01:54:08.720]  Thus, you can't get a fair and impartial trial
[01:54:08.720 --> 01:54:16.720]  Okay, so her position was because it's mitigation and not contested, nothing applies to me and I'm out the door
[01:54:16.720 --> 01:54:19.720]  Uh, no that's not what I'm saying
[01:54:19.720 --> 01:54:26.720]  I'm saying that she's attempting to say that your rights don't matter in her court
[01:54:26.720 --> 01:54:27.720]  Okay
[01:54:27.720 --> 01:54:34.720]  She's attempting to remove the authority of the constitutional protections from her court so she can do what she wants
[01:54:34.720 --> 01:54:36.720]  She can't do that
[01:54:36.720 --> 01:54:42.720]  However, being in Washington state, you need to go after this properly
[01:54:42.720 --> 01:54:52.720]  Washington state absolutely makes it very clear that any traffic infraction is an infraction and it is also commercial
[01:54:52.720 --> 01:54:55.720]  Without question, it's commercial
[01:54:55.720 --> 01:55:03.720]  And I've got a whole bunch of information relating to Washington in a single document that has everything you would need to make those arguments
[01:55:03.720 --> 01:55:06.720]  And move to dismiss properly
[01:55:06.720 --> 01:55:08.720]  Okay, excellent
[01:55:08.720 --> 01:55:17.720]  In the meantime, I pursued her through the court clerk because on the record, she quoted an improper speed
[01:55:17.720 --> 01:55:24.720]  And I wanted them to admit that she read the trooper's report, the police report before the hearing
[01:55:24.720 --> 01:55:26.720]  And then we went back and forth
[01:55:26.720 --> 01:55:28.720]  Wait a minute, who would you
[01:55:28.720 --> 01:55:32.720]  Who acted as prosecution? Did you ask for a bench trial or a jury trial?
[01:55:32.720 --> 01:55:36.720]  There was no jury there, it was just the judge
[01:55:36.720 --> 01:55:43.720]  And I had a few objections and I asked her if she ruled on the motion, she said she did not because it's not proper
[01:55:43.720 --> 01:55:48.720]  I objected a few times and at the end she started to threaten with security
[01:55:48.720 --> 01:55:51.720]  Okay
[01:55:51.720 --> 01:55:53.720]  So in the meantime
[01:55:53.720 --> 01:55:55.720]  Are you sure this is a judge?
[01:55:55.720 --> 01:56:00.720]  I'm not sure because she sat in for another judge
[01:56:00.720 --> 01:56:02.720]  Okay, wait, wait, you're missing my whole point here
[01:56:02.720 --> 01:56:13.720]  Are they judges or are they just lawyers acting as administrative hearing officers with no judicial authority behind them of any kind?
[01:56:13.720 --> 01:56:19.720]  I'm gonna have to dig a little deeper and find out because the only two judges on this district court's website
[01:56:19.720 --> 01:56:24.720]  There was only two names and two faces, they weren't there, it was somebody else stepping in for them
[01:56:24.720 --> 01:56:26.720]  You know, whatever, they were on vacation
[01:56:26.720 --> 01:56:35.720]  Well, I would find out one way or the other because you're entitled to a jury trial even in a civil proceeding
[01:56:35.720 --> 01:56:38.720]  And your rights are still intact even in a civil proceeding
[01:56:38.720 --> 01:56:50.720]  At least to the extent of since it's civil, you can't be, you can be compelled to testify to certain things as long as they don't implicate you in criminal matters
[01:56:50.720 --> 01:56:56.720]  But if they do, they can't compel you to testify to it
[01:56:56.720 --> 01:57:05.720]  I see, I see, because I kept pursuing the clerk and asking them if they saw the police report before the hearing
[01:57:05.720 --> 01:57:15.720]  In the meantime, the deputy prosecutor dismissed the whole case and rewrites the ticket in first person from him with the higher speed
[01:57:15.720 --> 01:57:21.720]  Wait a minute, he both accused you and is prosecuting it?
[01:57:21.720 --> 01:57:29.720]  Well, originally the deputy prosecutor wasn't the accuser, it was just the trooper
[01:57:29.720 --> 01:57:32.720]  I understand the original, but you said he rewrote it
[01:57:32.720 --> 01:57:34.720]  Yes he did
[01:57:34.720 --> 01:57:36.720]  Did he sign it as the affiant?
[01:57:36.720 --> 01:57:42.720]  Let's see here, he signed it as underneath the officer
[01:57:42.720 --> 01:57:46.720]  Okay, so the officer, he called the officer back in to sign it
[01:57:46.720 --> 01:57:50.720]  No he didn't, his name, the deputy prosecutor, the difference
[01:57:50.720 --> 01:57:57.720]  Then it's not valid without the officer's signature on it because the prosecutor can't be both the accuser and the prosecutor
[01:57:57.720 --> 01:58:03.720]  I love it already, that's where I'm heading because now, we can take this up after the break
[01:58:03.720 --> 01:58:06.720]  There's not a break, this is the end of the show
[01:58:06.720 --> 01:58:12.720]  Ah, so yeah, he charged me the full bill and it's due on the 28th for the higher speed
[01:58:12.720 --> 01:58:20.720]  Okay, well do me a favor, send me an email, eddie at ruleoflawradio.com and I'll send you the information on Washington
[01:58:20.720 --> 01:58:22.720]  Just let me know that's what you're needing, okay?
[01:58:22.720 --> 01:58:24.720]  Understood sir, thank you
[01:58:24.720 --> 01:58:25.720]  You're welcome
[01:58:25.720 --> 01:58:28.720]  Alright folks, this has been the Monday Night Rule of Law Radio Show
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