ROL_2014-08-25_16k.timecode
[00:09.560 --> 00:14.280] I'm Bryan Hagen with your Liberty Beat for Monday, August 25th, 2014.
[00:14.280 --> 00:23.120] Gold opens today at $1,280, silver opens at $19.46, and Bitcoin is trading around $503.94.
[00:23.120 --> 00:28.360] Support for the Liberty Beat comes from Roberts & Roberts Brokerage Inc., specializing in
[00:28.360 --> 00:38.720] precious metals since 1977, online at rrbi.co or by phone, 800-874-9760.
[00:38.720 --> 00:43.720] In the news, protests continued in Ferguson, Missouri over the weekend as the funeral for
[00:43.720 --> 00:47.000] slain teenager Michael Brown grew closer.
[00:47.000 --> 00:51.840] On Saturday, the NAACP led a march through the streets of Ferguson as support rallies
[00:51.840 --> 00:56.440] for Officer Darren Wilson were held in a sports bar in St. Louis.
[00:56.440 --> 01:01.080] Saturday night, the streets were filled with independent media, protesters, and law enforcement
[01:01.080 --> 01:04.920] from the State Highway Patrol and the remaining National Guard.
[01:04.920 --> 01:09.740] Two weeks have passed since the shooting of Michael Brown, but relatively little new information
[01:09.740 --> 01:14.440] has been released regarding the investigation into Officer Wilson's actions.
[01:14.440 --> 01:19.560] Conflicting accounts have plagued the situation, and a grand jury has been convened to further
[01:19.560 --> 01:21.200] investigate.
[01:21.200 --> 01:26.240] Liberty Beat reporter Derek Brose questioned Captain Ron Johnson on uncorroborated reports
[01:26.240 --> 01:30.000] that Brown had caused a fractured eye to Officer Wilson.
[01:30.000 --> 01:34.120] Captain Johnson said he had no information to provide.
[01:34.120 --> 01:38.480] The funeral for Michael Brown is scheduled for Monday morning.
[01:38.480 --> 01:45.980] President Obama has announced that three White House aides will be attending the funeral.
[01:45.980 --> 01:50.820] On Saturday, thousands of people marched through the streets of Staten Island to raise awareness
[01:50.820 --> 01:57.400] about the death of Eric Garner, who was killed July 17th by a New York police officer.
[01:57.400 --> 02:02.120] The march started at the location of Garner's death and ended at the Staten Island District
[02:02.120 --> 02:04.360] Attorney's Office.
[02:04.360 --> 02:08.000] Protesters called for charges against Officer Daniel Pantolio.
[02:08.000 --> 02:12.580] Cell phone video shows the officer holding Garner on the ground in a chokehold until
[02:12.580 --> 02:14.240] he died.
[02:14.240 --> 02:19.460] Pantolio has been stripped of his gun and placed on desk duty while a grand jury prepares
[02:19.460 --> 02:22.160] to hear evidence in September.
[02:22.160 --> 02:27.180] The medical examiner's office has ruled the death as a homicide.
[02:27.180 --> 02:31.520] Support for the Liberty Beat comes from Brave New Books, your local source for all things
[02:31.520 --> 02:32.520] Bitcoin.
[02:32.520 --> 02:38.840] Now hosting a Bitcoin ATM located in Austin, Texas at 1904 Guadalupe Street, or online
[02:38.840 --> 02:41.320] bravenewbookstore.com.
[02:41.320 --> 02:45.640] And support comes from the notorious activist Michael Cargill, who has a new show called
[02:45.640 --> 02:51.920] Come and Talk It, live each Sunday afternoon at 4 o'clock on 1370 AM in Austin.
[02:51.920 --> 02:56.440] This is the Liberty Beat for Monday, August 25th, 2014.
[02:56.440 --> 03:19.520] Check out the website at thelibertybeat.com.
[03:19.520 --> 03:35.960] Thanks.
[03:49.520 --> 03:55.520] A tall old tree, round up all of them bad boys, hang them high in the street
[03:56.520 --> 03:59.520] Where all the people will see
[04:01.520 --> 04:04.520] That justice is one thing you should always find
[04:05.520 --> 04:08.520] You gotta saddle up your boys, you gotta draw a hard line
[04:09.520 --> 04:12.520] When the gun-smoke settles, we'll sing a victory tune
[04:13.520 --> 04:16.520] And we'll all meet back at the local saloon
[04:16.520 --> 04:20.520] We'll raise up our glasses against evil forces singing
[04:21.520 --> 04:25.520] Whiskey for my men, beer for my horses
[04:32.520 --> 04:36.520] We ain't got too many gangsters doing dirty deeds
[04:37.520 --> 04:40.520] Too much corruption and crime in the streets
[04:41.520 --> 04:44.520] Stand the long arm of the law, put a few more in the ground
[04:44.520 --> 04:47.520] Stand the long arm of the law, put a few more in the ground
[04:48.520 --> 04:50.520] Stand the long arm of the law, put a few more in the ground
[04:51.520 --> 04:53.520] You can bet he'll set them down
[04:54.520 --> 04:58.520] Alright folks, good evening. This is the Monday Night Rule of Law Radio Show.
[04:59.520 --> 05:03.520] This is your host, Eddie Craig. It is August 25th, 2014.
[05:04.520 --> 05:07.520] We are three-quarters of the way through this whole new year.
[05:08.520 --> 05:11.520] And still, we have not managed to get rid of the oppressive people
[05:11.520 --> 05:16.520] that try to control our lives from day to day, nor have we managed to organize ourselves
[05:17.520 --> 05:20.520] in such a way as to be effectively combating what they do.
[05:21.520 --> 05:25.520] So, each day hopefully will see us in an effort to draw closer to being able to do that
[05:26.520 --> 05:30.520] and to do it in such a way that we can retake America peacefully.
[05:31.520 --> 05:36.520] I've got my fingers crossed for it, but I'm planning for it not working out that way.
[05:37.520 --> 05:39.520] And I hope that the rest of you are too.
[05:39.520 --> 05:44.520] Because unfortunately, the way things are going, they're not going to surrender peacefully
[05:45.520 --> 05:48.520] the power that they've taken illegally and unlawfully from us.
[05:49.520 --> 05:54.520] So we may not have any recourse other than another American Revolution
[05:55.520 --> 05:56.520] if things keep going the way they're going.
[05:57.520 --> 06:03.520] Heaven forbid, but we have to do what we have to do if it means staying free.
[06:03.520 --> 06:09.520] Now, I've had some interesting conversations over the last couple of days
[06:10.520 --> 06:15.520] with some things that are going on in various courts, as well as in Texas in general.
[06:16.520 --> 06:23.520] And it just astounds me the wide range of things that court personnel are willing to do
[06:23.520 --> 06:33.520] to deprive people of their rights, to further the court's existence through the stealing of money.
[06:34.520 --> 06:38.520] Now, this is something that we discussed a little bit in class yesterday.
[06:39.520 --> 06:41.520] And folks, we could really use some attendance in this class.
[06:42.520 --> 06:44.520] Four, three, four, five people a week.
[06:44.520 --> 06:53.520] It depresses the heck out of me to see so few people taking a real live interest in their rights and their freedoms
[06:54.520 --> 06:55.520] and how to defend them.
[06:56.520 --> 07:01.520] How do you expect to be able to defend yourself when the time comes
[07:02.520 --> 07:04.520] if you've made no effort to prepare for it?
[07:05.520 --> 07:06.520] How do you intend to do that?
[07:07.520 --> 07:12.520] And for those folks here in Austin that have the opportunity and the capability to come to class
[07:12.520 --> 07:15.520] and just choose not to because other things are more important,
[07:16.520 --> 07:22.520] well, keep that in mind when you come to me asking for help at the last minute
[07:23.520 --> 07:25.520] and I have to look at you and go, I'm sorry, there were people that came ahead of you
[07:26.520 --> 07:29.520] that actually were willing to do something before it became a problem.
[07:30.520 --> 07:31.520] So you're at the back of the line.
[07:32.520 --> 07:35.520] If I can't help you soon enough, I'm sorry.
[07:36.520 --> 07:40.520] Okay? That's just the way it's going to have to be.
[07:40.520 --> 07:44.520] Because I can only do so much in so much amount of time.
[07:45.520 --> 07:47.520] I cannot turn anybody into me overnight.
[07:48.520 --> 07:51.520] And I'm not trying to make it sound like I'm trying to blow my own horn here,
[07:52.520 --> 07:57.520] but I will put what I know up against any attorney, law professor, or judge in this entire state
[07:58.520 --> 08:01.520] and I'll tell them exactly that they don't know what they're talking about
[08:02.520 --> 08:06.520] and I'll show them right in the law itself and the statutes itself that they don't know what they're talking about
[08:06.520 --> 08:13.520] and that their position is completely bogus and I'll do it without hesitation.
[08:14.520 --> 08:20.520] So that is my perspective of what I would do and how I would do it
[08:21.520 --> 08:23.520] and anybody that knows me knows I'm up to the challenge for it
[08:24.520 --> 08:28.520] and all I want to do is make you like me in that regard.
[08:29.520 --> 08:32.520] But that takes time and it takes real effort on your part.
[08:32.520 --> 08:39.520] I mean, I can work wonders with training a dog, but at least the dog has to be there.
[08:40.520 --> 08:43.520] I can't say that for you folks when you want training for this legal stuff.
[08:44.520 --> 08:47.520] One, you're not dogs, but you still have to make the effort to be there.
[08:48.520 --> 08:54.520] These late night phone calls of, I'm stopped, I'm getting arrested, what do I do?
[08:55.520 --> 09:00.520] Well, if you didn't prepare for that and you went out without plates and stickers on your car
[09:00.520 --> 09:11.520] and you were trying to start a fight, why in heaven's name did you not make the effort to prepare to defend yourself when you got attacked?
[09:12.520 --> 09:17.520] Why? Why would you pick a fight with somebody and make no effort to understand how they're going to fight you
[09:18.520 --> 09:21.520] and what they're going to do to you and how to defend yourself against it?
[09:22.520 --> 09:26.520] I'm just astounded by that behavior. I understand people are sick and tired of things.
[09:26.520 --> 09:36.520] I'm sick and tired of things. But there is a right way and a wrong way to prepare yourself for what will surely come the moment you start this fight.
[09:37.520 --> 09:42.520] And just jumping off the bridge with no bungee cord, that is not the right way.
[09:42.520 --> 09:57.520] Alright? You know, it's like that idiot in the YouTube video that stacks a pile of wood and stuff ten feet high, he's standing on top of it, pouring gasoline on it all day.
[09:58.520 --> 10:06.520] He's letting it soak in and he's just pouring five gallon gas cans on this pile of wood just as fast as they can dry up in the sun.
[10:06.520 --> 10:16.520] And then he acts surprised when he runs down it, stands five feet away and throws a match on it that it blows his big sorry butt halfway across the acreage out there.
[10:17.520 --> 10:32.520] I mean, he didn't prepare to light this bonfire by understanding what the properties of gasoline and evaporation of gasoline are and the result that comes from it.
[10:32.520 --> 10:39.520] Okay? Such as the little fact that the gas vapors are heavier than air and so they settle down along the ground.
[10:40.520 --> 10:50.520] And if there's no wind and you're in a low spot, guess what is piling up higher and higher in the bottom of that low spot while you're pouring these gallons of gas on this big huge pile of wood.
[10:51.520 --> 10:55.520] And then you're going to stand in the middle of it and light it.
[10:55.520 --> 11:09.520] That's what I equate some of these individuals to when they go out after having taken all this stuff off their car and after have spent all of five minutes thinking they've researched and understand what's about to come down on them.
[11:10.520 --> 11:15.520] People, that's just not the way to prepare for anything.
[11:16.520 --> 11:19.520] Why in the world would you think that's a proper way to do this?
[11:19.520 --> 11:25.520] I mean, I said it in one of the other shows, I'm going to say it again tonight.
[11:26.520 --> 11:36.520] It does you absolutely no good to stick the gun in your mouth and pull the trigger and then try to call the suicide hotline.
[11:37.520 --> 11:40.520] Okay? This ain't going to work out.
[11:40.520 --> 11:53.520] So think before you act, train before you act, prepare before you act, be ready before you act.
[11:53.520 --> 12:13.520] I wouldn't think that those principles would be hard for folks to grasp, but judging by the size of my inbox and the length of time spent on my phone every day, I am in the minority in that thought process, but it is what it is.
[12:13.520 --> 12:24.520] I can only help you if you are willing to help yourself and I cannot dig you out of a hole after you've crawled into it and started throwing dirt on yourself.
[12:25.520 --> 12:33.520] Okay? I can't help you. If you're not going to drop the shovel and get out of the hole, what good am I going to do you?
[12:34.520 --> 12:39.520] Folks, this is about thinking first, acting second. You've got to learn to do that.
[12:39.520 --> 13:01.520] I understand that things are not working out, but believe me, when you go into these courts and you don't understand all of the dirty tricks they're going to play on you, all the underhanded ways that they're going to subvert the law in the interest of money, not the interest of justice, the interest of money, yours becoming theirs, okay?
[13:01.520 --> 13:18.520] All the things they will do to deprive you of due process is astounding and the fact that the courts themselves are privy to the fact that they're doing this and are willing to do this is also astounding.
[13:18.520 --> 13:41.520] I mean, let's think real hard for a second here. It is virtually impossible in Texas since the Texas Supreme Court ruled back in 80 or 89, I forget which one it is, but the Texas Supreme Court ruled that the collateral doctrine issue will no longer be observed in Texas, even though that is an inherent right of due process.
[13:41.520 --> 14:10.520] Now, the issue of collateral doctrine is simple, more or less. If you go to a trial court that lacks jurisdiction of the offense that's being tried or jurisdiction of the individual, but refuses to relinquish that jurisdiction they're claiming to have and continue to act against the person without jurisdiction,
[14:11.520 --> 14:27.520] there is nowhere for you to go to stop it. There isn't. A court that acts without jurisdiction is acting criminally. There's no question of that. They are acting as criminals.
[14:27.520 --> 14:44.520] But you have no way to stop their criminal actions because the Texas appellate courts refuse to act until that court has concluded what it's doing absent all jurisdiction and railroaded you without jurisdiction.
[14:44.520 --> 15:01.520] Then and only then does the issue of them never having jurisdiction ever get reviewed. And not only that, if you're coming from any of the justice or municipal courts, it happens twice.
[15:01.520 --> 15:17.520] Not once, but twice before appellate review will be taken of the lack of jurisdiction. It's ridiculous. It is absolutely ridiculous what the Texas Supreme Court did.
[15:17.520 --> 15:34.520] Because, and it's ridiculous that the courts refuse to abide by the precedent, a court acting without jurisdiction is acting criminally. And the individual has a right to challenge those actions as they occur, not later.
[15:34.520 --> 15:53.520] It's the same issue of getting illegally arrested by some so-called peace officer. When he is acting illegally against you, you do not have a requirement to wait for somebody else to agree that he's acting illegally against you.
[15:53.520 --> 16:14.520] I mean, let's face facts. If a police officer walks into a crowd and starts shooting everybody and then stops when somebody starts shooting back and manages to take them down and arrest them, guess who's going to get charged with aggravated assault with a deadly weapon?
[16:14.520 --> 16:24.520] It isn't going to be the cop. It's going to be the person that was shooting at the cop even though the cop was in the wrong from the get-go.
[16:24.520 --> 16:50.520] Bet on it. The system is already rigged to give him more credence than you or I simply because he wears that piece of metal and that uniform. There is something fundamentally wrong with us that we allow this to continue. And by training ourselves is the only way that we're going to be able to unite to fix it.
[16:50.520 --> 16:56.520] Alright folks, 512-646-1984. We'll be right back.
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[19:29.520 --> 19:44.520] They don't have the answers. We ask the questions. Look what we get. And they don't have the answers. Slope and slip and slide.
[19:44.520 --> 20:13.520] All right folks, we are back. This is Rule of Law Radio. Okay, now I am waiting to get some callers up on the board. I don't have any just yet.
[20:14.520 --> 20:26.520] Oh, wait a minute. Maybe I do. All right. I do have Jonathan in Texas up on the board. Jonathan, what can we do for you?
[20:27.520 --> 20:28.520] Eddie, good evening. How are you?
[20:29.520 --> 20:29.520] I'm good.
[20:30.520 --> 20:35.520] Good. All right. Well, let's see. I made my first appearance in court today.
[20:35.520 --> 20:45.520] Okay. And let's see. I visited the court clerk at the window. This is for a speeding ticket in Travis County here.
[20:46.520 --> 20:53.520] And let's see. I had prepared an affidavit for non-transportation and a notice of declination of plea.
[20:54.520 --> 21:01.520] When I went to the clerk window, I notified them that I declined a plea at this time and that I wish to file these documents.
[21:01.520 --> 21:07.520] Let's see. They didn't allow me to file the documents into my court record today.
[21:08.520 --> 21:09.520] Who didn't?
[21:10.520 --> 21:13.520] The clerk at the window and his supervisor.
[21:14.520 --> 21:16.520] And what did they tell you?
[21:17.520 --> 21:21.520] They told me that I had to enter a plea and talk to the prosecuting attorney first.
[21:22.520 --> 21:29.520] Well, no. And okay. Did you get the clerk's names?
[21:29.520 --> 21:33.520] I did not.
[21:34.520 --> 21:40.520] Okay. Never talk to one of these people that you don't get their name. Always get names. Always get job titles.
[21:41.520 --> 21:42.520] Okay.
[21:43.520 --> 21:45.520] Okay. Anyway, go ahead.
[21:46.520 --> 21:51.520] All right. So I also asked to view the court record as pertaining to the citation.
[21:51.520 --> 21:58.520] When I went in this past Friday specifically for that information, they did not provide me with that.
[21:59.520 --> 22:03.520] They just pointed to my copy of the citation and said that's the only information that's available.
[22:04.520 --> 22:09.520] However, today when I went in there and asked the same question, I had the same individual behind the window.
[22:10.520 --> 22:15.520] He went and got an envelope that had the original citation in it with a white piece of paper attached to it by staple.
[22:15.520 --> 22:20.520] I asked if I could get a copy of that, if that's the only thing in the court record.
[22:21.520 --> 22:24.520] And I asked him again, is this the only thing in the court record right now?
[22:25.520 --> 22:27.520] He said yes and asked me for a copy of it.
[22:28.520 --> 22:30.520] So he gave me a copy of the front of the citation.
[22:31.520 --> 22:34.520] I noticed there was writing on the back of the citation as well as writing on that white piece of paper attached.
[22:35.520 --> 22:36.520] I asked for that information as well.
[22:36.520 --> 22:48.520] He said he'd have to ask his supervisor, which she came from the back and told me that I would have to submit a written request for that information.
[22:49.520 --> 22:53.520] And that they wouldn't give it to me right then.
[22:54.520 --> 22:56.520] Alright, but you still don't know anybody's name?
[22:57.520 --> 23:01.520] Not yet.
[23:01.520 --> 23:08.520] Okay. Everybody that's listening, always get names and job titles.
[23:09.520 --> 23:17.520] Okay, first thing is you need to file a criminal complaint with the Attorney General's office against the clerks of the court of this court.
[23:18.520 --> 23:19.520] Okay?
[23:20.520 --> 23:27.520] Now the other question you should have asked is, is this your policy or is this a policy instituted by the magistrate judge?
[23:27.520 --> 23:31.520] That way you'd know who else to complain against, okay?
[23:32.520 --> 23:39.520] But since the judge is the administrator of that court, then they're liable also.
[23:39.520 --> 23:57.520] So go ahead and do a criminal complaint with the Attorney General's office against the clerks there and the magistrate there informing the AG that they refuse to allow access to a public record on demand by a member of the public.
[23:57.520 --> 24:16.520] Alright? And instead attempted to compel that member of the public to ask for those open records in writing and refuse to provide them unless they did so. That's a crime.
[24:16.520 --> 24:29.520] Yep. Well, what they did provide me with was a copy of the front of the citation.
[24:30.520 --> 24:42.520] Yeah, but that doesn't help. If there's handwritten notes on that, you need to read them because they could be disparaging remarks or incriminating remarks or something of that manner and you have every right to see them.
[24:42.520 --> 24:51.520] Especially if they're notes from the officer to the judge. That's an improper communication and it is specifically forbidden.
[24:51.520 --> 25:12.520] Yep. Alright. Well, I'm going to be working on that quite a bit this evening. The other piece of paper that they gave me was an order setting pre-trial disposition docket. It says this is an official summons to appear. It's for tomorrow at 1.30 for a pre-trial disposition conference.
[25:12.520 --> 25:20.520] The purpose of this conference is to determine if a disposition of your case is possible prior to trial and you will be meeting with a prosecuting attorney.
[25:21.520 --> 25:29.520] It says you may bring any records or documents with you which will assist in the resolution of your case. It kind of goes on from there.
[25:29.520 --> 25:49.520] Yeah, well the first thing you need to do is complain to the magistrate and please make sure you're getting names this time, but when you go back into court for anything and go down there and try to file them again and tell whoever's in charge, if you refuse to accept my documents, then you are interfering with my lawful right of access to the courts.
[25:49.520 --> 25:59.520] If you continue to do this, I will file criminally against you and if the magistrate judge is ordering you to do it, I will file against them.
[26:00.520 --> 26:06.520] Now do you intend to take my pleadings or do I need to take this up elsewhere with a criminal complaint?
[26:06.520 --> 26:18.520] They have zero authority to prevent you from filing those documents.
[26:18.520 --> 26:38.520] I had spoken with you in previous weeks about this matter and you were saying that some of the first documents that I need to get filed into my case are that declination plea and that not in transportation affidavit. You said that I should try to get those in by my first appearance date.
[26:38.520 --> 26:54.520] Unfortunately, I wasn't successful in being able to do that yesterday, so my concern is if I still have grounds to be able to file this properly into the court record.
[26:54.520 --> 27:12.520] Well, like I say, if they're refusing to do it, then you need to force them to do it and start with the Attorney General's complaint and then go back with a copy of that AG's complaint that you filled out and mailed.
[27:12.520 --> 27:23.520] Okay? Don't give it to them. Make copies of it. Don't take your original letter and your receipts from your mail in there. Make copies of everything.
[27:24.520 --> 27:35.520] Go in there and hand it to them and say you need to inform your chief clerk that I have filed criminally against each of you with the Attorney General's office for denying me access to a public record.
[27:35.520 --> 27:54.520] And I've also filed against the magistrate. So I need to get these documents filed right now and then the next one I'm filing will be a motion to disqualify because the magistrate now has criminal complaints against him and cannot sit in my trial.
[27:55.520 --> 27:58.520] Alright.
[27:58.520 --> 28:07.520] And he has you to thank for that unless, of course, he ordered you to do it.
[28:08.520 --> 28:24.520] Okay. And so the purpose of this conference tomorrow, I guess, is solely to speak with the prosecuting attorney. I basically only have one thing to ask him tomorrow. It's about the only piece of conversation.
[28:24.520 --> 28:31.520] You mean after everything that happened today you only have one thing to ask him tomorrow?
[28:32.520 --> 28:34.520] You said this is a JP court, right?
[28:35.520 --> 28:36.520] Yes, sir.
[28:37.520 --> 28:45.520] Okay. Then why are you not going to talk to the county attorney, which is going to be who the prosecutor is, and say I'm glad you're here.
[28:45.520 --> 28:59.520] I've got criminal complaints I wish to make against the people in this court for denying me access to the courts. They've illegally denied me access to an open public record under 552 of the government code.
[29:00.520 --> 29:05.520] There's no written requirement for these. I am able to demand them any time the courts open and they refused.
[29:05.520 --> 29:17.520] They have illegally interfered with my access to the courts and they have impersonated a judicial officer for the purpose of entering a plea while conducting a judicial proceeding for doing so.
[29:18.520 --> 29:22.520] And I want you to take the criminal complaint from me.
[29:23.520 --> 29:24.520] You want me to what?
[29:24.520 --> 29:38.520] Yeah, I can't do that. I'm prosecuting you. Oh, well, are you saying that you're going to under 38.05 you're going to hinder apprehension or prosecution of these individuals for their criminal acts as a prosecuting attorney?
[29:39.520 --> 29:40.520] That's what I thought.
[29:43.520 --> 29:46.520] Okay, so hang on just a second, Jonathan. We'll pick this up on the other side, okay?
[29:47.520 --> 29:48.520] Sounds good.
[29:48.520 --> 29:58.520] Alright. Alright, folks, this is Rule of Law Radio. The call-in number is 512-646-1984. Give us a call. We will be right back.
[30:03.520 --> 30:10.520] This vital mineral fights cancer, fatigue and high blood pressure. Plus, it does wonders for your thyroid, liver and immune system.
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[30:45.520 --> 30:53.520] When you think of nutritional deficiencies, you probably think of third world countries or maybe you think of iron, folic acid or vitamin C.
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[31:28.520 --> 31:35.520] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
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[32:02.520 --> 32:05.520] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:06.520 --> 32:12.520] In today's America, we live in an us against them society 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.
[32:13.520 --> 32:19.520] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity and most importantly, the right to due process of law.
[32:19.520 --> 32:25.520] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.520 --> 32:35.520] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
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[33:11.520 --> 33:24.520] Yes, I got a warrant and I'm going to serve them to the government and prosecute them.
[33:25.520 --> 33:28.520] Okay.
[33:28.520 --> 33:53.520] All right, folks, we are back and we are talking to Jonathan in Texas.
[33:53.520 --> 33:57.520] All right, Jonathan, what do we need to finish up with here?
[33:58.520 --> 34:03.520] All right, well, so tomorrow I'm going to go talk to the prosecuting attorney briefly.
[34:04.520 --> 34:11.520] I simply want to try to propose to him to get these matters dismissed before it goes any further.
[34:11.520 --> 34:22.520] I don't expect any results there, but that's one of the few things that I would have just asked him.
[34:23.520 --> 34:27.520] Other than that, I don't intend to divulge any information or carry on a conversation with him.
[34:28.520 --> 34:31.520] Oh, you mean you're not going to do what I said? Jeez.
[34:32.520 --> 34:36.520] Come on, you're spoiling all the good stuff here. Now's the perfect time to make him sweat.
[34:36.520 --> 34:49.520] Oh, absolutely, and I'm very interested in doing so. I just need to look into preparing that matter this evening and what it's going to take to go that route.
[34:50.520 --> 35:00.520] And so aside from that, I guess I'm going to try to go do this visit and then await summons.
[35:00.520 --> 35:06.520] I would like to try to start preparing motions for dismissal along with the...
[35:07.520 --> 35:08.520] Well, that's what your special appearance is.
[35:09.520 --> 35:10.520] Okay.
[35:11.520 --> 35:13.520] The special appearance is a motion for dismissal.
[35:14.520 --> 35:24.520] Okay. And is now a good time to prepare that motion for filing?
[35:24.520 --> 35:29.520] Okay, you said you had the four motions ready to be filed today, right?
[35:30.520 --> 35:34.520] I had a notice and an affidavit ready to be filed.
[35:35.520 --> 35:40.520] Oh, okay. All right. Yeah, you need to get that ready to be filed with everything else since you now have more time.
[35:40.520 --> 35:57.520] Okay. I've been looking into the Texas Constitution, the different articles regarding to the order of court procedure and complaint and information filed into the court record.
[35:58.520 --> 36:05.520] And so far as I can tell, there is no valid information or complaint in the court record as of yet.
[36:05.520 --> 36:14.520] No, don't say that. Why would you say that?
[36:15.520 --> 36:30.520] Well, the only piece of documentation that I was able to obtain did not meet any of the requisites for an indictment or complaint.
[36:30.520 --> 36:37.520] Okay. There's an old saying by Napoleon. I don't know if you ever heard me use it, but I'm going to use it now.
[36:38.520 --> 36:42.520] Never interrupt your enemy while he's busy making mistakes.
[36:43.520 --> 36:51.520] Okay. And the fact that they are acting without jurisdiction is a mistake.
[36:51.520 --> 36:59.520] They know what they're required to do. If they don't, so what?
[37:00.520 --> 37:05.520] What is the first words out of their mouth to anybody that walks through their doors? Ignorance of the law is not an excuse.
[37:06.520 --> 37:11.520] Well, if it's not an excuse for those that aren't making law their livelihood, how can it be an excuse for those that are?
[37:12.520 --> 37:13.520] Yes.
[37:13.520 --> 37:26.520] So to hear a judge or prosecuting attorney or anyone like that spout that nonsense and then watch them look at the code of criminal procedure like it's some alien life form they've never laid eyes on before?
[37:27.520 --> 37:32.520] I swear I just want to knock them flat and pound them into pudding.
[37:33.520 --> 37:39.520] It's just that annoyingly stupid for them to say that. Ignorance of the law is not an excuse.
[37:39.520 --> 37:43.520] Really? Then how do you explain yourself?
[37:46.520 --> 37:59.520] Because if you don't know what's required of you by the code of criminal procedure, how can you sit here and tell me that I'm required to know what's known, what's required of me in a volume that's five times longer?
[37:59.520 --> 38:12.520] Actually, it's a lot longer than that. The transportation code is 3,885 or 89 pages when it was first put out. It's bigger than that now.
[38:13.520 --> 38:20.520] And that's considerably larger than the code of criminal procedure by a long shot.
[38:20.520 --> 38:29.520] And yet they say you have to know what everything that's in there, even though you're not engaged in transportation, you have to know what we're charging you with in there.
[38:30.520 --> 38:34.520] Well, if I have to know that whole book, how do you explain you not knowing this little bit of this book?
[38:35.520 --> 38:39.520] Because you have to use it every single day. What is your excuse?
[38:44.520 --> 38:46.520] Alright, so do you have a plan now?
[38:46.520 --> 38:50.520] Kind of.
[38:51.520 --> 38:53.520] Kind of? Okay, well that's confidence talking there.
[38:54.520 --> 39:03.520] Well, it's a learning process for me for sure. I'm trying to do my best to get up to speed on it.
[39:04.520 --> 39:12.520] I think your intro to tonight's show is actually pretty good at prefacing what I'm going through as well as a lot of other people.
[39:12.520 --> 39:19.520] Yeah, I mean, I get calls every single day. I went and did such and such. Really? How much studying did you do before you did that?
[39:20.520 --> 39:23.520] Well, I read your script. Oh, great.
[39:24.520 --> 39:35.520] You know, it's kind of like, folks that do things like that, you are the reason there is warnings on tubes of Preparation H. Do not take orally.
[39:35.520 --> 39:44.520] And things on hair dryers that say do not use while showering or sleeping.
[39:45.520 --> 39:49.520] Okay, don't be that way.
[39:50.520 --> 39:52.520] Yeah.
[39:53.520 --> 39:54.520] Alright.
[39:55.520 --> 39:59.520] Well, I'm going to do my best to get up to speed on all this stuff and then figure out how to proceed from here.
[40:00.520 --> 40:03.520] Alright, man. Well, good luck and I hope to see you back in class next Sunday.
[40:03.520 --> 40:06.520] Yes, sir. I'll be there. I appreciate your time, Eddie.
[40:07.520 --> 40:08.520] Yes, sir. You have a good night.
[40:09.520 --> 40:10.520] You too.
[40:11.520 --> 40:15.520] Alright, now we're going to go to Richard in Colorado. Richard, what can we do for you?
[40:16.520 --> 40:21.520] Well, the police impounded my car because it didn't have a license plate.
[40:21.520 --> 40:32.520] And I read what prompted me to do that was I read several Supreme Court cases, but the one I like best is Shapiro versus Thompson.
[40:33.520 --> 40:34.520] Uh-huh.
[40:35.520 --> 40:36.520] Pardon?
[40:36.520 --> 40:37.520] I said, uh-huh.
[40:38.520 --> 40:46.520] Oh, yeah. So anyway, I didn't have my no plates on my car and they took it right out of my driveway.
[40:47.520 --> 40:49.520] And they...
[40:49.520 --> 40:52.520] So you weren't in it? It was parked on your property?
[40:53.520 --> 40:54.520] Yes.
[40:55.520 --> 41:00.520] Okay, and you haven't sued them for theft yet? That's Grand Theft Auto in Colorado.
[41:01.520 --> 41:04.520] Oh, well, I didn't know that. Let me...
[41:05.520 --> 41:07.520] Well, what right did they have to take it? It's your property, right?
[41:08.520 --> 41:09.520] Yes.
[41:10.520 --> 41:12.520] And let me guess, it was the city police department that took it?
[41:13.520 --> 41:14.520] Yes.
[41:14.520 --> 41:18.520] And they told you that they did it because of an ordinance, right?
[41:19.520 --> 41:25.520] Right, a hearing. What it was was I was hailed into court and when I got there...
[41:26.520 --> 41:33.520] No, you weren't. No, you weren't. You were not hailed into court. You were hailed into an administrative hearing, not court.
[41:33.520 --> 41:43.520] That's true. They told me that, but they didn't even... It wasn't a court. It was an informal hearing is what they called it.
[41:44.520 --> 41:54.520] An informal hearing at which I agreed to go to court, but when I went to go to court, in the district court,
[41:54.520 --> 42:05.520] I got what it was, 80 pages instructions. So I thought maybe I need an attorney. I don't know.
[42:06.520 --> 42:14.520] Well, they do that intentionally. See, I used to live in Colorado, okay? So I got very familiar with their method of operations up there.
[42:15.520 --> 42:21.520] And I've gone round and around with a couple of those prosecuting attorneys in Colorado over various things.
[42:21.520 --> 42:29.520] For instance, they tried to suspend my license in Colorado, even though my license was from Texas,
[42:30.520 --> 42:35.520] because some other guy come flying out of a parking lot and t-boned my car.
[42:36.520 --> 42:43.520] And yet they tried to suspend my license in Colorado, even though I wasn't using it even then.
[42:43.520 --> 42:52.520] Okay. So I went round and around about that with them, and they wound up having to drop their little issue with it.
[42:53.520 --> 43:03.520] Okay, but you did have to go around and around. Well, that's kind of where I am, but I don't know exactly how to get into court.
[43:04.520 --> 43:08.520] I wanted to go to court, and they gave me this 60 page or 80 pages.
[43:08.520 --> 43:12.520] Well, why did you agree to anything in the first place?
[43:13.520 --> 43:18.520] You know, you've got a good question, because I thought it was an open and shut case.
[43:19.520 --> 43:26.520] Okay, one, it's a trick. There are no open and shut cases, at least not that will be in your favor.
[43:27.520 --> 43:29.520] I believe you're right.
[43:29.520 --> 43:38.520] Okay, never agree to this stuff. Never. Just sue the living crap out of them, because they had no authority to take the car.
[43:39.520 --> 43:47.520] But once you consent and get involved in it and lose, you can't say that you were harmed because you volunteered.
[43:48.520 --> 43:50.520] Hang on, Richard, we'll cover that a little more when we come back.
[43:50.520 --> 43:59.520] Alright folks, 512-646-1984. We'll be right back.
[44:20.520 --> 44:27.520] You know what you should do for yourself. Thousands have won with our step-by-step course, and now you can too.
[44:28.520 --> 44:33.520] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[44:59.520 --> 45:18.520] Hello, my name is Stuart Smith from NaturesPureOrganics.com, and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas behind Brave New Books and Chase Bank to see all our fantastic health and wellness products with your very own eyes.
[45:19.520 --> 45:22.520] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[46:13.520 --> 46:26.520] Alright folks, we are back. We are talking to Richard in Colorado. Alright Richard, let's continue.
[46:26.520 --> 46:47.520] Well, the big, the part was to begin with, it was the last of April, or the last of May, that's when they took my car, and they just, and I didn't think they'd take it because of all the stuff I handed them.
[46:47.520 --> 47:00.520] And you're right about that. The whole reason for the informal hearing was to get that signature because they couldn't win in court.
[47:01.520 --> 47:10.520] Exactly. Exactly. Once you agree to participate, they can do whatever they want and you will be considered to have consented to it.
[47:10.520 --> 47:17.520] How about the part about due process of law?
[47:18.520 --> 47:23.520] There is no due process in administrative proceedings. There's no due process in a contractual agreement.
[47:24.520 --> 47:33.520] A contract is valid if the parties agree to the terms, as long as it's not an unconscionable contract, or one that violates the laws of the state before it's written.
[47:34.520 --> 47:37.520] I believe that it is an unconstitutional...
[47:37.520 --> 47:40.520] Not unconstitutional, unconscionable.
[47:41.520 --> 47:42.520] Unconscionable, right.
[47:43.520 --> 47:57.520] Okay, that's a different thing. That's shocking to the conscience. The thing about it is, is hardly anything can shock the conscience of a court as long as it increases governmental power when it does it.
[47:57.520 --> 48:09.520] To shock the conscience of the court, it has to be something so egregious that even the court could not get away with saying, well, here's a way this could be valid.
[48:10.520 --> 48:17.520] Well, I'm willing to go to court if I could get in, but I don't know how to get into the court. I went down there...
[48:17.520 --> 48:28.520] Well, you're not going to get into that court. You're not going to be able to get into a court like you would originally have had access to, provided you'd have gotten one in the first place.
[48:29.520 --> 48:40.520] The only thing you can do now is sue them, and you're going to have to sue them in a federal court, because a state court will never, never let you win. Never.
[48:40.520 --> 48:47.520] I thought that myself. The federal district court is where I was going to go.
[48:48.520 --> 49:02.520] Yeah, and so there is some stuff on our website, the jurisdictionary course, for instance, that will help you to make a lawsuit and handle it yourself, but you've got to pay attention to what it teaches you and do it correctly.
[49:02.520 --> 49:15.520] And that means a whole lot of reading and studying on your part. If you don't think you're capable, then that means getting an attorney. And if you get an attorney, you better have deep pockets, but don't tell the attorney that.
[49:16.520 --> 49:25.520] Well, I don't have the deep pockets, but maybe they would take it on a contingency basis.
[49:25.520 --> 49:38.520] It would have to be worth some real money before they would agree to do that. So you're going to have to talk to one and find out, but even on a contingency basis, most of them will wind up doing nothing.
[49:39.520 --> 49:42.520] Do you know any attorneys up here?
[49:43.520 --> 49:53.520] No, sir, I do not. And even if I knew one, I wouldn't recommend one. I do not recommend attorneys. The whole point of what I do is to teach people to do it for themselves so they don't need an attorney.
[49:53.520 --> 49:56.520] I can understand that.
[49:57.520 --> 50:08.520] I mean, putting yourself in the hands of an attorney is pretty much making a deal with the devil. And we all know how that turns out. The devil will always hide some details.
[50:08.520 --> 50:25.520] Well, yeah, I can't argue with that. But I don't know which way to go. If I could get into court...
[50:26.520 --> 50:35.520] Getting into it is not the issue. All you have to do is file a proper complaint and you're in. But that requires the complaint and it requires the filing fee.
[50:35.520 --> 50:52.520] Well, that's all right. But they won't let me... I have to fill out a given deal. You know, I went to one court, to the appellate court, number 10, and it wasn't anything like this.
[50:53.520 --> 50:57.520] Okay, wait, wait, wait. How could you go to an appellate court when you never had a trial?
[50:58.520 --> 51:01.520] Right. I didn't have a trial.
[51:01.520 --> 51:07.520] Okay, so an appellate court couldn't do anything for you if they wanted to.
[51:08.520 --> 51:23.520] Well, this was another issue. But the appellate court, they handled it and they told me that I didn't need to show up or whatever. I didn't know anything about it. Less than I know now.
[51:24.520 --> 51:28.520] That's a dangerous position to be in.
[51:28.520 --> 51:38.520] Well, of course, you know about the court of record. If I'm the plaintiff in the court of record, I don't...
[51:39.520 --> 51:55.520] The fourth edition on page 425, 426, I think it says that the court proceeds according to common law. No statutes.
[51:55.520 --> 52:07.520] Well, the thing about it is, if you read the Colorado Constitution on how laws are made and what constitutes a law, you're going to find out an ordinance is not a law.
[52:08.520 --> 52:20.520] An ordinance is not binding on anyone except city employees, legal corporate entities operating within its territorial borders, and those that contract with the city.
[52:20.520 --> 52:24.520] They're not binding on anyone else because they're not laws.
[52:25.520 --> 52:31.520] Yeah, but I didn't agree to their license plates and all that, but...
[52:32.520 --> 52:36.520] Well, those aren't laws either, but that's a whole different issue. We're talking two different things here.
[52:37.520 --> 52:44.520] They took your car based entirely upon an ordinance. An ordinance is not a law. It is not binding upon the general public.
[52:44.520 --> 53:00.520] How can I... Well, the only thing is that, like it says, it's in the court of record. There is no statute unless the plaintiff...
[53:01.520 --> 53:03.520] Okay, wait, wait, wait. What are you reading from?
[53:03.520 --> 53:14.520] Well, I'm not reading it right now, but I do have a dictionary, but it says that...
[53:15.520 --> 53:20.520] Okay, a dictionary is not authoritative, and a dictionary isn't going to give you anything but definitions.
[53:21.520 --> 53:23.520] No, no, this is a legal dictionary.
[53:23.520 --> 53:32.520] I understand that. It's still not going to give you anything but definitions, and the case law that created that definition.
[53:33.520 --> 53:35.520] Yeah, the case law.
[53:36.520 --> 53:43.520] Okay, but the case law is relevant to the definition of a term or phrase. It's not relevant to the legal issue itself.
[53:43.520 --> 53:52.520] So I don't know what you're reading. I don't know which legal dictionary, and I don't know what term or phrase you're reading that definition from.
[53:53.520 --> 53:59.520] Yeah, it's in courts, and it's page 425 in...
[54:00.520 --> 54:04.520] Okay, what is courts? That's the name of the book, is Courts?
[54:05.520 --> 54:08.520] No, no, it's a law dictionary.
[54:09.520 --> 54:10.520] Which law dictionary?
[54:10.520 --> 54:15.520] Blacks. Blacks Law Dictionary, issue four.
[54:16.520 --> 54:17.520] Okay, fourth edition.
[54:18.520 --> 54:19.520] Right.
[54:20.520 --> 54:21.520] And what definition?
[54:22.520 --> 54:32.520] Well, it gives the definition of a court of record, and the court of record you already know is...
[54:32.520 --> 54:39.520] Of course, one thing, it keeps a record, and it may have a seal. It doesn't have to.
[54:40.520 --> 54:51.520] And it can, what do you call it, impound, put you in jail for contempt of court.
[54:51.520 --> 55:02.520] But the other thing is, the really important one, is that a court of record proceeds according to common law.
[55:03.520 --> 55:12.520] And the other important one is that the judge has no say whatsoever, no judicial say.
[55:12.520 --> 55:26.520] He can't, how do they put it, the magistrate is separate from the tribunal.
[55:27.520 --> 55:32.520] I think it's reversed, the tribunal is separate from the magistrate, independent of them.
[55:33.520 --> 55:40.520] So the magistrate has nothing to say, he can enforce certain things, bad conduct and so forth.
[55:40.520 --> 55:44.520] Okay, let me read what it is you're trying to quote from.
[55:45.520 --> 55:47.520] Courts of record and courts not of record.
[55:48.520 --> 55:57.520] The former being those whose acts and judicial proceedings are enrolled or recorded for a perpetual memory and testimony,
[55:58.520 --> 56:01.520] and which have power to find or imprison for contempt.
[56:02.520 --> 56:06.520] Error lies to their judgments, and they generally possess a seal.
[56:06.520 --> 56:12.520] Courts not of record are those of inferior dignity which have no power to find or imprison,
[56:13.520 --> 56:16.520] and in which the proceedings are not enrolled or recorded.
[56:17.520 --> 56:28.520] Okay, and then down below that you've got a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate,
[56:28.520 --> 56:35.520] designated generally to hold it, and proceeding according to the course of common law.
[56:36.520 --> 56:37.520] Right.
[56:38.520 --> 56:44.520] Let's see, it's acts and proceedings being enrolled for a perpetual memorial.
[56:45.520 --> 56:51.520] Courts may be at the same time of record for some purposes and not of record for others.
[56:51.520 --> 57:00.520] That's up to the plaintiff, that way I understand it.
[57:01.520 --> 57:11.520] If you allow something else to come up, if you allow a statute, that's your say.
[57:12.520 --> 57:14.520] That's the way I understand it.
[57:14.520 --> 57:23.520] Like you said before, these laws, those statutes don't affect everybody.
[57:24.520 --> 57:27.520] Some do, of course, but most don't.
[57:28.520 --> 57:31.520] Maybe you said that.
[57:32.520 --> 57:40.520] If it starts with an HR rather than a House bill, if it's a House resolution, it doesn't apply.
[57:40.520 --> 57:45.520] Yeah, a House resolution is not a law by any stretch of the imagination.
[57:46.520 --> 57:49.520] A resolution is only binding upon the legislature that creates it.
[57:50.520 --> 57:52.520] Right.
[57:53.520 --> 57:57.520] Well, anyway, I don't know exactly what to do about it.
[57:58.520 --> 58:00.520] Maybe I've already cooked my goose, I don't know.
[58:01.520 --> 58:05.520] Well, Richard, I would need a lot more details before I'd be able to give you an intelligent answer.
[58:05.520 --> 58:10.520] Right now, the best thing that I can recommend you do try to do is find an attorney that will talk to you,
[58:11.520 --> 58:17.520] explain the situation to him, and try to find one that does civil rights violations.
[58:18.520 --> 58:20.520] You have an email address?
[58:21.520 --> 58:22.520] I'm sorry?
[58:23.520 --> 58:24.520] You have an email address?
[58:25.520 --> 58:28.520] My email is eddyeddie at ruleoflawradio.com.
[58:29.520 --> 58:30.520] Oh, okay.
[58:30.520 --> 58:34.520] Okay, now we're about to go to break, and I'm going to have to take another caller on the other side, okay?
[58:35.520 --> 58:36.520] All right, okay.
[58:37.520 --> 58:38.520] All right, Richard, thanks for calling in.
[58:39.520 --> 58:44.520] All right, folks, this is Rule of Law Radio. The call-in number is 512-646-1984.
[58:44.520 --> 59:00.520] This is the top of the hour break. We will be right back.
[59:14.520 --> 59:24.520] We'll be right back.
[59:44.520 --> 01:00:08.520] This is the Liberty Beat, your daily source for Liberty News and activist updates online at thelibertybeat.com.
[01:00:08.520 --> 01:00:13.520] I'm Bryan Hagen with your Liberty Beat for Monday, August 25th, 2014.
[01:00:14.520 --> 01:00:22.520] Gold opens today at $1,280, silver opens at $19.46, and Bitcoin is trading around $503.94.
[01:00:23.520 --> 01:00:30.520] Support for the Liberty Beat comes from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977.
[01:00:30.520 --> 01:00:37.520] Online at rrbi.co or by phone, 800-874-9760.
[01:00:38.520 --> 01:00:46.520] In the news, protests continued in Ferguson, Missouri, over the weekend as the funeral for slain teenager Michael Brown grew closer.
[01:00:47.520 --> 01:00:55.520] On Saturday, the NAACP led a march through the streets of Ferguson as support rallies for Officer Darren Wilson were held in a sports bar in St. Louis.
[01:00:55.520 --> 01:01:03.520] Saturday night, the streets were filled with independent media, protesters, and law enforcement from the State Highway Patrol and the remaining National Guard.
[01:01:04.520 --> 01:01:13.520] Two weeks have passed since the shooting of Michael Brown, but relatively little new information has been released regarding the investigation into Officer Wilson's actions.
[01:01:14.520 --> 01:01:19.520] Conflicting accounts have plagued the situation, and a grand jury has been convened to further investigate.
[01:01:19.520 --> 01:01:28.520] Liberty Beat reporter Derek Brose questioned Captain Ron Johnson on uncorroborated reports that Brown had caused a fractured eye to Officer Wilson.
[01:01:29.520 --> 01:01:32.520] Captain Johnson said he had no information to provide.
[01:01:33.520 --> 01:01:36.520] The funeral for Michael Brown is scheduled for Monday morning.
[01:01:37.520 --> 01:01:42.520] President Obama has announced that three White House aides will be attending the funeral.
[01:01:42.520 --> 01:01:55.520] On Saturday, thousands of people marched through the streets of Staten Island to raise awareness about the death of Eric Garner, who was killed July 17th by a New York police officer.
[01:01:56.520 --> 01:02:02.520] The march started at the location of Garner's death and ended at the Staten Island District Attorney's Office.
[01:02:03.520 --> 01:02:06.520] Protesters called for charges against Officer Daniel Pantolio.
[01:02:06.520 --> 01:02:12.520] Cell phone video shows the officer holding Garner on the ground in a chokehold until he died.
[01:02:13.520 --> 01:02:20.520] Pantolio has been stripped of his gun and placed on desk duty while a grand jury prepares to hear evidence in September.
[01:02:21.520 --> 01:02:25.520] The medical examiner's office has ruled the death as a homicide.
[01:02:26.520 --> 01:02:31.520] Support for the Liberty Beat comes from Brave New Books, your local source for all things bitcoin.
[01:02:31.520 --> 01:02:39.520] Now hosting a Bitcoin ATM located in Austin, Texas at 1904 Guadalupe Street or online at bravenewbookstore.com.
[01:02:40.520 --> 01:02:50.520] And support comes from the notorious activist Michael Cargill, who has a new show called Come and Talk It, live each Sunday afternoon at 4 o'clock on 1370 a.m. in Austin.
[01:02:50.520 --> 01:03:00.520] This is the Liberty Beat for Monday, August 25th, 2014. Check out the website at thelibertybeat.com.
[01:03:20.520 --> 01:03:37.520] I won't pay for the car with my money I won't pay for the fun with my body
[01:03:37.520 --> 01:03:49.520] Their crime's wicked and their logic's shoddy Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:03:50.520 --> 01:03:58.520] Alright folks, we are back. This is Rule of Law Radio and now we're going to talk to Marta Shay in Tennessee.
[01:03:59.520 --> 01:04:02.520] I believe this is going to be a first time caller. Marta Shay, what can we do for you?
[01:04:03.520 --> 01:04:04.520] How you doing sir?
[01:04:04.520 --> 01:04:11.520] I'm doing alright. I am a first time caller. I just have to say that I really appreciate what you're doing.
[01:04:12.520 --> 01:04:26.520] I was watching one of your YouTube and you were very adamant about people commenting to you or reaching out to you to see how things went and I appreciate that.
[01:04:26.520 --> 01:04:34.520] Some of the things that have been coming out lately have been disturbing me about the government and everything.
[01:04:35.520 --> 01:04:42.520] And I guess that was just me becoming mature and starting to use my basic senses to read law and start understanding.
[01:04:43.520 --> 01:04:44.520] Yeah, you was waking up right?
[01:04:44.520 --> 01:04:56.520] Right. And it made me upset but I'm one of the more bright, brighter citizens of this land.
[01:04:57.520 --> 01:05:05.520] So I was like, you know what, I can't sit here and just get mad and huff and puff like everybody else. There has to be a solution.
[01:05:06.520 --> 01:05:11.520] Yeah, that's what I keep saying. There's a way to do this if we just get together and do it.
[01:05:11.520 --> 01:05:17.520] Right. And that's why I said I got to thank you because I've been looking through a whole bunch of things.
[01:05:18.520 --> 01:05:25.520] And when I saw your video and I looked at the things that you were trying to put out there, I was like, man, this is a way to begin.
[01:05:26.520 --> 01:05:38.520] So if we could push this to get people to understand what's happening and what instruments they have, then they will begin to have confidence that they can control the government.
[01:05:38.520 --> 01:05:40.520] That's my hope, too.
[01:05:41.520 --> 01:05:57.520] I really appreciate that. But from listening to you, I realize that, yes, I do know a lot, but as far as attacking them and taking them where they need to be, I'm very not informed.
[01:05:58.520 --> 01:06:04.520] But I understand what you're saying real well. And I've got a couple of cases right now that I'm dealing with.
[01:06:04.520 --> 01:06:15.520] Okay. I just got dismissed a month ago where I got the first incident where I got pulled over by, am I allowed to stay in the county?
[01:06:16.520 --> 01:06:19.520] Oh, sure. You can say anything you want, as long as it's not a curse word.
[01:06:19.520 --> 01:06:34.520] Gotcha, gotcha. I got pulled over by the police. And what happened on that incident was I was coming home and they pulled me over saying that my light was out.
[01:06:34.520 --> 01:06:48.520] My taillight was out. And because I had Virginia plates in the military, I just moved over to this area. And you know, I'm a black man, we dread a lot. And they said that I'm living in a drug area. So my life was out.
[01:06:49.520 --> 01:06:57.520] And they pulled me over, asking to search. I was trying to get home. I wasn't thinking. I was like, man, I'm good. You feel me?
[01:06:57.520 --> 01:07:06.520] And they got two police cars behind me. So I already know what time it is. I really want to go. So I'm like, okay, fine. You can search for them.
[01:07:07.520 --> 01:07:14.520] The next thing I know, they tell me, well, they found something. I'm like, what did you find in the car? They tell me, well, we found marijuana in the car.
[01:07:15.520 --> 01:07:22.520] And I'm like, well, I know you're lying. It ain't a marijuana car. Show me the marijuana. I didn't see nobody pull out no test kit, do anything.
[01:07:22.520 --> 01:07:30.520] They're saying, where is this marijuana that you're talking about? Then he starts investigating me. I'm like, asking questions.
[01:07:31.520 --> 01:07:37.520] I'm like, look, you tripping. Ain't no weed in my car. If I smoke anything, it's going to be at my house.
[01:07:38.520 --> 01:07:46.520] So then he begins to try to ask me questions about my house, saying, oh, you know what I'm talking about, smoke and all this stuff.
[01:07:46.520 --> 01:07:52.520] I'm like, listen, man, there's no weed in the car. You got to show me what you're talking about.
[01:07:53.520 --> 01:08:00.520] They're saying, actually, am I under arrest? They're like, well, we were detained. I'm not saying anything else.
[01:08:01.520 --> 01:08:07.520] They're saying, he's asking me, well, can you go get whatever you have in your house and bring it out? I'll just give you a ticket or whatever.
[01:08:07.520 --> 01:08:16.520] I'm like, you're asking? I'm like, look, I'm not speaking to you anymore. See what you have to do. What I'm going to detain you is going to be six hours. I don't care.
[01:08:17.520 --> 01:08:23.520] So you say, all right, well, since you're not talking, you're not cooperating, we're going to put you under arrest, pain, whatever he says.
[01:08:24.520 --> 01:08:27.520] Then they got me. Then they went and we got a search warrant for my house.
[01:08:27.520 --> 01:08:37.520] Yeah, I thought they were going to get a search warrant for my house. They had me detain me to the police office, whatever they brought me to.
[01:08:38.520 --> 01:08:43.520] Then about a couple hours later, they come in with two tickets, which really made me mad.
[01:08:44.520 --> 01:08:50.520] They came in with two misdemeanor tickets for a hookah and a couple of grams of marijuana.
[01:08:50.520 --> 01:08:58.520] I'm sitting here like, you detained me and got me cuffed to a chair for some misdemeanors? You went and got a search warrant?
[01:08:59.520 --> 01:09:05.520] I'm really disturbed. I'm still in court for that case right now.
[01:09:06.520 --> 01:09:14.520] Okay, two things you need. You need the statement of probable cause and the warrant that was issued under it.
[01:09:14.520 --> 01:09:21.520] You need to see what those officers wrote in that statement of probable cause to justify that warrant, okay?
[01:09:22.520 --> 01:09:25.520] Statement of probable cause.
[01:09:26.520 --> 01:09:32.520] Yeah, and I'm going to admonish you here verbally for everybody else's benefit, so don't take this personally, okay?
[01:09:33.520 --> 01:09:35.520] No, no, I already understand. I already...
[01:09:36.520 --> 01:09:42.520] All right, so let's assume this is for everyone else's benefit. Don't talk to the cops!
[01:09:42.520 --> 01:09:50.520] Don't answer their questions! Don't get into discussions! Don't do any of that!
[01:09:51.520 --> 01:09:59.520] This is exactly what it results in. You say anything. Next thing you know, they're twisting it around to go get a search warrant for your house.
[01:10:00.520 --> 01:10:04.520] Because you said, if I was going to smoke anything, it would be at my house.
[01:10:04.520 --> 01:10:11.520] You didn't admit that you smoked at your house. You didn't give them any probable cause to believe there was anything at your house.
[01:10:12.520 --> 01:10:17.520] But they twisted it in that affidavit. I guarantee you they did to say that you confessed to having it in your house.
[01:10:18.520 --> 01:10:22.520] Okay, and it's called a statement of what?
[01:10:22.520 --> 01:10:34.520] Statement of probable cause. Now, what you need in conjunction with those is the audio and video from the body mics of the officers and their police cruiser recordings.
[01:10:35.520 --> 01:10:36.520] How do I get that?
[01:10:37.520 --> 01:10:44.520] Well, you're either going to have to file discovery on it, or you're going to have to do a public information request on it, whatever is most accessible in Tennessee.
[01:10:45.520 --> 01:10:49.520] If you're using an attorney, make them get it.
[01:10:49.520 --> 01:11:01.520] I had an attorney in the lower court, but that case got bounded up to the grand jury.
[01:11:02.520 --> 01:11:06.520] They sent a misdemeanor ticket to a grand jury?
[01:11:06.520 --> 01:11:19.520] Yeah, it bounded up because I would not accept any plea. They were trying to get me to plea out and make a deal. And I was like, you know what? No.
[01:11:20.520 --> 01:11:26.520] Yeah, you need to show that that search was illegal and that the affidavit used to get the warrant was falsified.
[01:11:27.520 --> 01:11:34.520] The only way to do that is to compare what's in that statement of probable cause with the actual audio and video from the stop.
[01:11:34.520 --> 01:11:43.520] Because if they're saying that you said something at that stop that gave them probable cause in that affidavit, and that video shows that never happened,
[01:11:44.520 --> 01:11:50.520] then you've got that officer on aggravated perjury.
[01:11:51.520 --> 01:12:00.520] Yeah, I understood. And you know what? I actually had an attorney, and I was asking for this stuff.
[01:12:00.520 --> 01:12:06.520] Now what you had was what we refer to in the business as a greaser.
[01:12:07.520 --> 01:12:10.520] Yeah, I watched the video and I realized that.
[01:12:11.520 --> 01:12:19.520] His entire job was to smooth you up with grease so that you would slide through the system easier and he could separate you from your money faster.
[01:12:19.520 --> 01:12:39.520] Yeah, I realize that. Okay. So you're telling me I need to, because I'm new to your information, so if I follow your information I can deal with if I want to because I'm very understanding with the language.
[01:12:39.520 --> 01:12:53.520] Well, I'm glad you are, but understand one thing. If you decide to do this without an attorney and they're getting an indictment, that means that this misdemeanor has jail time associated with it.
[01:12:54.520 --> 01:13:05.520] It may be six months, it may be a year, but it's a possibility. I'm not saying you cannot do this yourself, but I'm saying you better take that into consideration.
[01:13:05.520 --> 01:13:12.520] But if you said they're greasers, what shit are you doing?
[01:13:13.520 --> 01:13:22.520] If you can get everything you need, you are perfectly free to go talk to the prosecuting attorney after you get your evidence that shows it's all a lie.
[01:13:23.520 --> 01:13:29.520] And you can go to the prosecuting attorney and say, okay, have you watched the video?
[01:13:29.520 --> 01:13:34.520] Oh yeah, I watched it. Well, did you compare the video to the statement of probable cause to get the warrant?
[01:13:35.520 --> 01:13:41.520] Well, no, I didn't see any reason that was necessary. Well, don't you think you might want to do that before you proceed with this case?
[01:13:42.520 --> 01:13:47.520] Well, why? What do you think she's going to show me? Don't answer that question.
[01:13:47.520 --> 01:13:58.520] Okay. Do not under any circumstances reveal a single card in your hand. Give him the opportunity to back out gracefully and leave you alone.
[01:13:59.520 --> 01:14:10.520] If he won't do that, then you need to learn how to tear his witness apart on the stand using that video and that statement of probable cause to get that falsified warrant.
[01:14:10.520 --> 01:14:18.520] Okay. So how about they tell me, uh, I can't get the video or it's not available?
[01:14:19.520 --> 01:14:32.520] Well, that's why you get it through two ways. You file what's called a Brady motion for discovery and you file also whatever Tennessee considers a public information request or an open records request.
[01:14:33.520 --> 01:14:35.520] Open records request?
[01:14:35.520 --> 01:14:41.520] Yeah. They, uh, at the federal level, it's called a FOIA freedom of information act at the state levels.
[01:14:42.520 --> 01:14:48.520] It's usually open records, uh, or public information act or something of that sort. Find out where that is.
[01:14:49.520 --> 01:14:58.520] It'll probably be in whatever constitutes some provision chapter or code called the government code or governmental functions or whatever, uh, up there in Tennessee.
[01:14:58.520 --> 01:15:20.520] Okay. Okay. So that's how, that's how I got that case. Um, also, uh, I just got a case, uh, dismissed where an officer followed me for about two miles and then, uh, I had a Spanish friend that was dropping off home.
[01:15:20.520 --> 01:15:42.520] And you know, I'm a black man with dreadlocks, uh, stopped at Burger King to get something to eat. And as I'm, as I'm going, as we're leaving Burger King, he exits the parking lot behind us and pulls the signal on saying, and then he stops me and tells me that he stopped me because I didn't signal when I left the parking lot.
[01:15:42.520 --> 01:15:54.520] I didn't make my left hand turn. So he asked me for driver's license and driver's license and registration. I hand that over, uh, which I now realize I shouldn't have. I hand that over.
[01:15:55.520 --> 01:16:01.520] Then he comes back and tells me that, well, it's coming up to the premium, out of the premium. My license was valid at that time anyway.
[01:16:01.520 --> 01:16:12.520] So he tells me to step out of the car. Um, he needed to talk to me. Um, he, she wanted to search my car. I told him, no, he can't search my car.
[01:16:13.520 --> 01:16:23.520] He said, well, I'm going to go, if I don't allow him to search the car, he's going to go call the dogs and have the dog walk around. If the dogs initiate the car, then he's going to have to search me and the car.
[01:16:23.520 --> 01:16:32.520] I told him I'm not going to sit and say anything. So he goes and gets the dog, about 40 minutes later, he walks around the car.
[01:16:33.520 --> 01:16:39.520] Okay, Marta Shay, hang on just a second. We're fixing to take a break. Okay. So hold on just a minute and I'll pick you up when we get back.
[01:16:40.520 --> 01:16:44.520] Uh, Matthew, Bob, Kev, y'all stay on the line. We will get y'all as soon as we get done with Marta Shay.
[01:16:44.520 --> 01:16:52.520] Folks, call in number 512-646-1984. We will be right back in just a few moments.
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[01:21:07.520 --> 01:21:20.520] Also, there is federal case law, Supreme Court case law on the books that says, if the dog is present when the stop begins and concludes, then they can take the time to run the dog.
[01:21:21.520 --> 01:21:32.520] But they cannot detain you after the conclusion of the stop for the purpose of calling a dog unless they already have information that shows drugs are present.
[01:21:32.520 --> 01:21:44.520] So regardless of what they tell you, remember one important thing. Cops lie!
[01:21:45.520 --> 01:21:48.520] I know, but you want me to physically stop them?
[01:21:49.520 --> 01:21:55.520] No, you can't physically stop them, but you can make sure that you've not consented. That's the thing.
[01:21:55.520 --> 01:22:05.520] Okay, yeah, yeah. All right. All right. Now, in order to fight that one again, get the audio and video from the cruiser.
[01:22:06.520 --> 01:22:09.520] Believe it or not, police cars, the cameras working all the time.
[01:22:09.520 --> 01:22:25.520] Yeah, but here's the thing. I went to court and they're trying to give me pre-offers. I'm like, no, you know, they had no reason to stop me. I told my attorney exactly what the law was and then he walked around the corner and then came back around.
[01:22:25.520 --> 01:22:40.520] Okay, Case dismissed. I'm sitting here like, this is ridiculous. You came around the corner three times trying to persuade me to do something and what I'm telling you is not of my best interest because I'm not pushing any of the issues that are at hand.
[01:22:40.520 --> 01:23:00.520] It didn't get out of my face, you know what I'm saying? Like, if I used to do something, go over there and do it. And that's when he comes back telling my old case dismissed. So now Case dismissed, so now I'm figuring like, because I was first illegally and my civil rights were violated for being stopped while I wasn't committing commerce.
[01:23:01.520 --> 01:23:07.520] How do I go about, because I contact attorneys and they're actually...
[01:23:07.520 --> 01:23:14.520] Well, you have the common problem that's associated with many states like Tennessee. You were DWB.
[01:23:19.520 --> 01:23:22.520] You know what DWB is, right?
[01:23:22.520 --> 01:23:36.520] There you go. That's exactly the problem. Places like Tennessee and Mississippi and places like that profile people based upon race and everything on a regular basis.
[01:23:36.520 --> 01:23:58.520] I guarantee you that's the entire reason you got stopped. But the video is what's going to prove that. The video will prove. No, I know your case is dismissed, but you still want the video if you're going to sue because that is your proof he had no probable cause to stop you.
[01:23:58.520 --> 01:24:08.520] So can you give me a quick... You can still do whatever constitutes a public information or open records request and get that.
[01:24:09.520 --> 01:24:19.520] Okay, same process. Same process. You just can't do it through discovery unless you've already filed your federal lawsuit. Then you can get the federal court to order discovery.
[01:24:19.520 --> 01:24:29.520] But that will take longer. You're better off with the open records or public information act request, whatever it is for Tennessee.
[01:24:30.520 --> 01:24:31.520] Open records to the public.
[01:24:32.520 --> 01:24:35.520] Yeah, I don't know what they'll call it in Tennessee, but it should be something like that.
[01:24:36.520 --> 01:24:44.520] If nothing else, you can contact the Secretary of State's office and say, how does a member of the public get open access to governmental records?
[01:24:44.520 --> 01:24:48.520] And they'll tell you, okay, well, that's covered under this section of this code. Go look here.
[01:24:52.520 --> 01:25:01.520] Okay. Do I complain? Now that the case is dismissed, we never went in front of a judge or anything like that.
[01:25:02.520 --> 01:25:10.520] And it got thrown out. Is complaining against the department and the officer going to do any good?
[01:25:10.520 --> 01:25:20.520] No, it's not going to do any good. They'll find no wrongdoing with what he did. And don't do that. Don't even try to do that until you have the evidence you want from them.
[01:25:21.520 --> 01:25:31.520] Because the moment they find out you're trying to get information like that and that you're trying to complain, then they will expect a lawsuit and everything that you need will suddenly disappear.
[01:25:31.520 --> 01:25:34.520] Okay.
[01:25:35.520 --> 01:25:42.520] Okay, so get what you need before you start waving the flag at the bull.
[01:25:43.520 --> 01:25:46.520] All right.
[01:25:46.520 --> 01:26:03.520] All right. And then now, as far as going through the process, I talked to the civil attorneys and they kind of shoo me out of the process because they're saying that, well, if I do it by myself and properly, I can get charged.
[01:26:04.520 --> 01:26:09.520] Well, of course, they don't want you to do it by yourself. They don't get any of the money if you do it by yourself.
[01:26:09.520 --> 01:26:17.520] It's not that you can't, but you do have to do it properly. On our website, there is a course called Jurisdictionary.
[01:26:18.520 --> 01:26:25.520] The man that wrote that is a 30-year practicing civil lawsuit attorney out of Florida, Dr. Graves.
[01:26:26.520 --> 01:26:35.520] And he wrote that course specifically for private people to know how to properly do a lawsuit, both in state and federal court.
[01:26:35.520 --> 01:26:39.520] Is that the Logos website?
[01:26:40.520 --> 01:26:43.520] Yeah, you can get it on the Logos website or the Rule of Law website.
[01:26:44.520 --> 01:26:48.520] I'm on the Rule of Law now. Are you talking about the practice guide?
[01:26:49.520 --> 01:26:52.520] No, no, no. Jurisdictionary.
[01:26:52.520 --> 01:27:11.520] If you don't see it on the Logos, go to the Rule of Law website, ruleoflawradio.com.
[01:27:12.520 --> 01:27:15.520] Yeah, I'm on Rule of Law and I don't see it right now.
[01:27:16.520 --> 01:27:19.520] Okay, it's the banner that says win your lawsuit without a lawyer.
[01:27:19.520 --> 01:27:21.520] Okay.
[01:27:22.520 --> 01:27:26.520] Okay?
[01:27:27.520 --> 01:27:28.520] Okay.
[01:27:29.520 --> 01:27:32.520] All right, Marta Shay, I'm going to have to cut you off at this point. You're welcome.
[01:27:33.520 --> 01:27:34.520] That's all right.
[01:27:35.520 --> 01:27:37.520] All right, I got a few more callers, but please feel free to call in again next Monday.
[01:27:38.520 --> 01:27:42.520] Yeah, I'll continue to listen and I will refer you also.
[01:27:43.520 --> 01:27:44.520] Well, I appreciate that too.
[01:27:45.520 --> 01:27:46.520] All right.
[01:27:46.520 --> 01:27:48.520] You have a good night.
[01:27:49.520 --> 01:27:51.520] All right, now we're going to go to Kev in Michigan.
[01:27:52.520 --> 01:27:55.520] Kev, what can we do for you? We've got about two minutes for the break.
[01:27:56.520 --> 01:28:01.520] Yeah, I called last time. I think I called like two weeks ago.
[01:28:02.520 --> 01:28:10.520] I had this issue with this judge and he basically held my case.
[01:28:10.520 --> 01:28:16.520] You know, I challenged everything on special appearance. I asserted my special appearance.
[01:28:17.520 --> 01:28:21.520] I also asked that all proceedings be on the record.
[01:28:22.520 --> 01:28:30.520] And, you know, he held the case over. He gave me 15 days to do a pleading.
[01:28:30.520 --> 01:28:41.520] And within 15 days, calendar days, I had a motion, a revised motion to dismiss.
[01:28:42.520 --> 01:28:50.520] He acted like he couldn't understand my pleadings when I first submitted them, but they were pretty solid.
[01:28:50.520 --> 01:29:00.520] And that you couldn't arrest me for a civil infraction. So I revised my motions. I put a little bit more in.
[01:29:01.520 --> 01:29:05.520] It's not really going to matter. I know he's going to shoot it down anyway.
[01:29:05.520 --> 01:29:20.520] But yeah, the judgment is, they sent the judgment slip to my house because they say that it was a default judgment.
[01:29:21.520 --> 01:29:26.520] But I have on the record, I don't know how I can obtain these records because we asked for these records.
[01:29:27.520 --> 01:29:31.520] We've never received confirmation that they were even there.
[01:29:31.520 --> 01:29:38.520] Well again, Michigan should also have a public information or open records act that you can use to get that information.
[01:29:39.520 --> 01:29:49.520] And if you can show that you did it and they didn't comply with it, there has to be somebody you can report that infraction to because that may be a criminal act on their behalf.
[01:29:50.520 --> 01:29:52.520] Hang on a second Kev, we're going to take a break and then we'll be right back.
[01:29:52.520 --> 01:30:01.520] Alright folks, this is Rule of Law Radio. Y'all hang in there.
[01:30:02.520 --> 01:30:11.520] YKK has its spam jam and Raleigh, North Carolina has the Bug Fest, but you won't find a wackier food festival than the Roadkill Cook-Off in Arlington, West Virginia.
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[01:33:37.520 --> 01:33:44.520] Alright folks, we are back. This is Rule of Law Radio. We are talking to Kev in Michigan. Kev, let's continue.
[01:33:45.520 --> 01:33:56.520] Yeah, so they entered judgment against me within seven days of the hearing,
[01:33:57.520 --> 01:34:02.520] and I called up there to the clerk, and she told me that,
[01:34:02.520 --> 01:34:08.520] oh, just disregard that that was a mistake, but I still had a judgment right here.
[01:34:09.520 --> 01:34:16.520] So I want to know if there's any way I can get this filed into the record to show that she's saying that it's invalid.
[01:34:17.520 --> 01:34:22.520] Yeah, you've got to get the court to enter an order to rescind the judgment, or to overturn the judgment,
[01:34:23.520 --> 01:34:28.520] or avoid it to say that it's not proper. Otherwise, it's going to be standing.
[01:34:28.520 --> 01:34:36.520] Okay, so that's a motion that I would need to file, because she's telling me that it's okay.
[01:34:37.520 --> 01:34:42.520] So I was thinking about taking it up there to her, because I know who she is.
[01:34:43.520 --> 01:34:48.520] Well, she can't make that judicial determination. If it is an invalid judgment,
[01:34:48.520 --> 01:34:58.520] then you need to file a motion to correct the record, and to void the order creating that judgment.
[01:34:59.520 --> 01:35:05.520] Okay. Okay. Yeah, so they tried to pull the fast one on me.
[01:35:06.520 --> 01:35:07.520] Always.
[01:35:08.520 --> 01:35:12.520] The clerk tried to make it seem like, oh, nah, you don't have to worry about that.
[01:35:13.520 --> 01:35:16.520] As long as it's signed, oh yes, you do.
[01:35:16.520 --> 01:35:21.520] Yeah, it says a default judgment right here. And it's within seven days.
[01:35:22.520 --> 01:35:25.520] Yeah, how can it be a default judgment if it's already been challenged?
[01:35:26.520 --> 01:35:31.520] Yeah, yeah, yeah. So they already had it on automatic. That's what they did.
[01:35:32.520 --> 01:35:34.520] They always do. They always do.
[01:35:35.520 --> 01:35:39.520] And they took it off. Okay. So yeah, I've got to go down there and put a motion.
[01:35:40.520 --> 01:35:42.520] What type of motion do you say that will be, Eddie?
[01:35:42.520 --> 01:35:45.520] It's a motion to correct the record and void judgment.
[01:35:46.520 --> 01:35:53.520] Okay. Okay. Yeah.
[01:35:54.520 --> 01:35:58.520] And you're simply going to write into it that there was an erroneous judgment entered.
[01:35:59.520 --> 01:36:06.520] This case has not been adjudicated. The jurisdiction has been challenged due to the arrest itself being illegal.
[01:36:06.520 --> 01:36:11.520] And the record should be corrected to reflect these facts.
[01:36:12.520 --> 01:36:13.520] Okay.
[01:36:14.520 --> 01:36:19.520] File it in such a way that they cannot ignore it and they're going to regret having it in there.
[01:36:22.520 --> 01:36:25.520] Okay. Okay.
[01:36:25.520 --> 01:36:36.520] So I just go and just do it like any other motion, basically. I wouldn't have to file this with the prosecutor.
[01:36:37.520 --> 01:36:41.520] Would I just file this to the judge or would I just file it in open court?
[01:36:42.520 --> 01:36:48.520] You can just go file it with the clerk. It doesn't have to be filed in open court.
[01:36:48.520 --> 01:36:59.520] Okay. Because I already requested a hearing because they tried to, they gave me 15 days to supplement my pleadings.
[01:37:00.520 --> 01:37:05.520] So I requested a hearing and I haven't heard anything back from them. This is the first thing I heard back from them is a 90 fault.
[01:37:06.520 --> 01:37:08.520] Did you file your supplemented pleadings?
[01:37:09.520 --> 01:37:11.520] Yeah, I filed those already.
[01:37:12.520 --> 01:37:15.520] Okay. Well then just keep doing what you're doing and file the motion to correct the record.
[01:37:15.520 --> 01:37:29.520] Okay. All right. So the judge told, I don't know if he's a judge or not because I requested his oath of office when I was at the clerk of the court and she had like, she didn't know what was going on.
[01:37:30.520 --> 01:37:32.520] She ain't know. She, she had like, she didn't know.
[01:37:33.520 --> 01:37:39.520] Yeah. Well acting and actually knowing two different things.
[01:37:39.520 --> 01:37:53.520] Yeah. So yeah, I still haven't seen any proof that he's a judge. So she gave me another number to his office where I can request, request that information.
[01:37:54.520 --> 01:37:59.520] So I don't know. I think, um, I think he may, he may be moonlighting right now.
[01:37:59.520 --> 01:38:11.520] No, that's possible. If these, if these are not crimes and these are civil, these are entirely administrative. If they're saying you're not entitled to a jury trial or anything like that, they're entirely administrative.
[01:38:12.520 --> 01:38:15.520] And that makes them bills of pains and penalties.
[01:38:16.520 --> 01:38:18.520] Okay.
[01:38:19.520 --> 01:38:19.520] All right.
[01:38:19.520 --> 01:38:35.520] So yeah, I got, um, he gave me 15 days, right? So this, this default right here is, um, you need to put all that into that pleading form, that motion to correct the record you were given and whatever paperwork you got that said you were given it.
[01:38:36.520 --> 01:38:42.520] And again, do not ever go into paperwork into a court and leave without paperwork that backs up everything you were told.
[01:38:43.520 --> 01:38:45.520] Okay.
[01:38:45.520 --> 01:38:57.520] So if you got something signed by that judge, you make sure to attach an exhibit, a copy of it to that and use that in your pleading to say, I was given this extension of 15 days.
[01:38:58.520 --> 01:39:04.520] This judgment came, uh, within seven days and it is completely violated of my right of due process.
[01:39:05.520 --> 01:39:08.520] Uh huh. Okay.
[01:39:09.520 --> 01:39:13.520] And they may not even want to give me another hearing because he said he didn't want to see me anymore.
[01:39:13.520 --> 01:39:20.520] Well, maybe, but this was still a hearing by ambush. If they did it telling you, you had 15 and they took your money in seven.
[01:39:21.520 --> 01:39:23.520] Yeah, I didn't pay him anything yet.
[01:39:24.520 --> 01:39:29.520] Well, but you understand what I'm saying? They got a judgment against you. They've taken your money. They just haven't collected it yet.
[01:39:30.520 --> 01:39:35.520] Yeah. Yeah. Yeah. Yeah. So I got to go get that done.
[01:39:36.520 --> 01:39:39.520] Exactly. All right, man. Anything else?
[01:39:39.520 --> 01:39:42.520] No, take it easy, Eddie. Y'all, we bless you.
[01:39:43.520 --> 01:39:44.520] All right. Thank you. You have a good night.
[01:39:45.520 --> 01:39:49.520] All right. Now we're going to go to Matthew in Texas. Matthew, what can we do for you?
[01:39:50.520 --> 01:39:58.520] Okay. All right. I'll make it quick. Uh, I was in a hearing in county criminal court field and they told me I don't have...
[01:39:59.520 --> 01:40:01.520] Okay. Wait, are you on a headset or on a speakerphone?
[01:40:02.520 --> 01:40:04.520] No, I'm on neither one of those.
[01:40:04.520 --> 01:40:09.520] Okay. Then you're moving around or something because you're coming in garbled too much.
[01:40:10.520 --> 01:40:11.520] Can you hear me now?
[01:40:12.520 --> 01:40:17.520] I can hear you, but it's sounding like you're talking from the bottom of a tin can covered with cotton.
[01:40:18.520 --> 01:40:19.520] Okay. Well, I'm trying to...
[01:40:20.520 --> 01:40:23.520] Okay. There you go. Whatever you're doing right now, stay that way.
[01:40:24.520 --> 01:40:27.520] All right. Okay. I moved to a steel can. I guess it's better that way.
[01:40:27.520 --> 01:40:36.520] Um, the judge in the county criminal court said I don't have the ability to claim indigency and I have to pay...
[01:40:37.520 --> 01:40:40.520] Whoa, whoa, whoa, whoa. What do they mean you don't have the ability?
[01:40:41.520 --> 01:40:48.520] Let me, I guess, give you the classy misdemeanor, fine only, speeding ticket, trying to appeal to the 14th court of appeals.
[01:40:49.520 --> 01:40:54.520] And he said that I don't...like, I can't do that. That's not an option, essentially.
[01:40:54.520 --> 01:40:59.520] It absolutely is an option. What judge is...what the county court judge is telling you this?
[01:41:00.520 --> 01:41:01.520] Yes.
[01:41:02.520 --> 01:41:09.520] The judge is full of it. The code of criminal procedures specifically gives the process for requesting indigency.
[01:41:12.520 --> 01:41:16.520] It does not limit what court it can be done in either.
[01:41:17.520 --> 01:41:20.520] What chapter is that? It's found in our section or whatever.
[01:41:20.520 --> 01:41:30.520] Uh, I don't know. You'd have to look. I don't do much with the indigency stuff directly, so...but I know what's in there.
[01:41:31.520 --> 01:41:40.520] Um, it should be on the...it should be associated with the bond for your appeal.
[01:41:40.520 --> 01:41:52.520] Okay. Got it. And then, um, what, what, uh, and the bond for the appeal, is that covering the seminar material?
[01:41:53.520 --> 01:41:58.520] Does that cover what, um, does that cover the cost? Or does that address the issue?
[01:41:58.520 --> 01:42:13.520] There's three ways to do a bond for your appeal. Well, four ways. An actual bondsman, an actual cash bond, a PR, or a declaration of indigency.
[01:42:14.520 --> 01:42:17.520] Okay. Those are the ways you can do it.
[01:42:18.520 --> 01:42:24.520] Yeah, but what I'm asking is, like, the one that you have, does that declare indigency and say, I can't pay?
[01:42:24.520 --> 01:42:29.520] There is an affidavit of indigency in the seminar material, yeah.
[01:42:30.520 --> 01:42:35.520] Okay. Alright, well, we'll move on to the next thing, because that answers my question. Thanks for that.
[01:42:35.520 --> 01:42:58.520] Um, next quick question is, um, so 1517G, Texas Code of Criminal Procedures, it states that a hearing described in the 1517A is to be conducted in a misdemeanor, like a traffic ticket citation type situation, in accordance...
[01:42:59.520 --> 01:43:00.520] Absolutely.
[01:43:00.520 --> 01:43:11.520] Yeah, okay, so that's the first step. Then, upon request of the arrested person, an examining trial has to be held, right?
[01:43:12.520 --> 01:43:22.520] Well, they try to say they don't have to give you an examining trial, but the examining trial would come before anything else, other than the 1517.
[01:43:23.520 --> 01:43:28.520] 1517 is the only proceeding they can do without any other paperwork.
[01:43:28.520 --> 01:43:33.520] Yes, that's what I'm saying. So it's 1517 first, and then, okay, well, I guess...
[01:43:34.520 --> 01:43:48.520] And then if they arrested you without a warrant, then yeah, they're supposed to give you that examining trial so that you have the chance to show that the arrest was not warranted, and therefore, neither is the criminal act.
[01:43:49.520 --> 01:43:52.520] But in any case, hang on, we'll get you on the other side, okay?
[01:43:52.520 --> 01:43:57.520] Alright, folks, this is Rule Law Radio. We'll be right back.
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[01:46:33.520 --> 01:46:39.520] Alright, we are back. This is Rule Of Law Radio and we are talking to Matthew in Texas.
[01:46:40.520 --> 01:46:42.520] Alright Matthew, go ahead.
[01:46:42.520 --> 01:46:49.520] Okay, well I'm just trying to go through the steps of the process to better help me understand and see what I need to do next.
[01:46:50.520 --> 01:47:01.520] So 1517 hearing is first, but I have the ability to have an examining trial because if 1517G points to A and says this is what needs to be followed,
[01:47:01.520 --> 01:47:11.520] and then it says in 1517A that I can request an examining trial, then I have one. I should be able to according to 1517, correct?
[01:47:12.520 --> 01:47:21.520] Yeah, you should be able to. That's the whole point. See, the problem with the examining trial not being done is if the arrest is done without a warrant,
[01:47:22.520 --> 01:47:29.520] there is never a probable cause determination as to whether or not the arrest itself without the warrant was lawful.
[01:47:29.520 --> 01:47:36.520] And every warrantless arrest is presumed to be unlawful until probable cause for it has been determined.
[01:47:37.520 --> 01:47:39.520] Okay, so in the case of a traffic ticket...
[01:47:40.520 --> 01:47:41.520] It's a warrantless arrest.
[01:47:41.520 --> 01:47:59.520] Yes, exactly, custodial arrest. So what I'm trying to get to is I want an examining trial because that will give me the ability to even start kind of making a record and kind of have, I guess you could say, an extra shot at having a trial.
[01:48:00.520 --> 01:48:06.520] Because an examining trial is not exactly the same as a final trial or the actual trial.
[01:48:07.520 --> 01:48:08.520] The trial on the merits.
[01:48:08.520 --> 01:48:16.520] Yes, I still get to examine witnesses and then everything they say is reduced into writing and then certified by the judge.
[01:48:17.520 --> 01:48:32.520] So let's say in the case of a JP court where there is no court of, it's not a court of record, there's at least some type of paperwork that's going to be entered into the court record, the file itself, that can travel with me to appeal on de novo.
[01:48:32.520 --> 01:48:39.520] Well, but the thing about it is they're not going to treat it as an appeal since it is not a court of record. That's the problem.
[01:48:40.520 --> 01:48:47.520] That goes back to this issue that I did a show on here several years ago called the legal black hole.
[01:48:48.520 --> 01:48:56.520] The problem with a court of no record is that the state gets two free bites at your apple, whether you like it or not.
[01:48:56.520 --> 01:49:04.520] The first one, you get railroaded and they learn everything you're going to argue and fight about.
[01:49:05.520 --> 01:49:08.520] Now they're prepared for you when you actually go to trial in the county court.
[01:49:09.520 --> 01:49:13.520] They've had time to figure out what your arguments are and that's all there is to it.
[01:49:14.520 --> 01:49:15.520] Now they get to nail you down and throw you out.
[01:49:16.520 --> 01:49:20.520] Didn't cost them anything. Cost you everything.
[01:49:20.520 --> 01:49:25.520] So, but the paperwork goes with me, right? I mean those arguments that I made...
[01:49:26.520 --> 01:49:34.520] The de novo court will never look at them. They should, but they don't. That's the problem.
[01:49:35.520 --> 01:49:43.520] They throw it all away as if it never mattered and begin to act like they're the starting point and that's simply not true.
[01:49:44.520 --> 01:49:46.520] They are not the court of original jurisdiction.
[01:49:46.520 --> 01:49:54.520] If the original court of jurisdiction never had jurisdiction, then neither can the de novo court.
[01:49:55.520 --> 01:49:56.520] Yeah, exactly.
[01:49:57.520 --> 01:50:01.520] But they never look at those issues. They don't care because this is not about your due process.
[01:50:02.520 --> 01:50:06.520] This is not about protecting your rights. This is about taking your money.
[01:50:06.520 --> 01:50:16.520] Okay, well I guess it's not good to get traffic tickets to the JP jurisdiction.
[01:50:17.520 --> 01:50:20.520] Well, it's the same problem with a municipal court that's not a court of record either.
[01:50:21.520 --> 01:50:23.520] Oh yeah, but most of them in Houston are, so...
[01:50:24.520 --> 01:50:27.520] Well, in Houston, yeah, because Houston is the municipality.
[01:50:28.520 --> 01:50:31.520] But outside of that, not necessarily so.
[01:50:31.520 --> 01:50:35.520] And most small town municipals are not courts of record.
[01:50:38.520 --> 01:50:43.520] Okay, well, but I guess it's just one more, one more...
[01:50:44.520 --> 01:50:48.520] Do the documentation, file it in the record, and get it ready for the appellate court to look at.
[01:50:49.520 --> 01:50:58.520] Yeah, well I can say that I at least, I mean, but what I'm trying to say is that that's just another due process violation essentially that I can argue.
[01:50:58.520 --> 01:51:01.520] Absolutely.
[01:51:02.520 --> 01:51:10.520] Yeah, the lower courts completely ignore the requirements of the Code of Criminal Procedure, suit their own means and methods to railroad you through without due process.
[01:51:11.520 --> 01:51:13.520] Yeah. Okay.
[01:51:14.520 --> 01:51:15.520] Okay.
[01:51:16.520 --> 01:51:18.520] Alright, well, that's all I got, so I guess I'll let the next guy get on.
[01:51:19.520 --> 01:51:25.520] Alright, yeah, just go to the legislative website, do a search on the Code of Criminal Procedure for the word indigent.
[01:51:25.520 --> 01:51:34.520] I would also look in the government code and the rules of appellate procedure and see and read all of that.
[01:51:35.520 --> 01:51:37.520] Look at the rules of appellate procedure specifically, though.
[01:51:38.520 --> 01:51:43.520] I guarantee you it's going to be in there dealing with indigency, and you're right to it if you have no money.
[01:51:43.520 --> 01:52:00.520] Yeah, the thing is too, I don't know why I said I was going to let you go, but the 14th Court of Appeals stated in their order to the lower court, which they gave me a copy of, that they don't know if I am indigent and unable to pay.
[01:52:01.520 --> 01:52:03.520] So why would they even give me the option to...
[01:52:04.520 --> 01:52:05.520] Did you file an affidavit of indigency?
[01:52:06.520 --> 01:52:07.520] Yes.
[01:52:07.520 --> 01:52:14.520] Then the trial court is required to conduct a review to determine whether or not what's in the affidavit is true.
[01:52:15.520 --> 01:52:27.520] And if they can't disprove what's in the affidavit, they're required to grant it because the only requirement of indigency is that you will suffer a hardship if you have to pay the money.
[01:52:28.520 --> 01:52:33.520] It doesn't mean you have to be dead broke and destitute. It doesn't mean you have to be living on the streets.
[01:52:33.520 --> 01:52:37.520] It means that the cost would be a financial hardship.
[01:52:38.520 --> 01:52:40.520] Yeah, yeah, I understand that.
[01:52:41.520 --> 01:52:43.520] Yeah, but make them understand that is my point.
[01:52:44.520 --> 01:52:58.520] Yeah, I'll bring that affidavit with me and let it go tomorrow and fill out the judge's face and tell them, hey, this is what I've already filed, the court wouldn't be asking you to determine if I was indigent, if I couldn't claim indigency.
[01:52:58.520 --> 01:53:06.520] Yeah, but you'd get that, you'd get confirmation for that out of the rules of appellate procedure so that he cannot ignore it.
[01:53:07.520 --> 01:53:08.520] Yeah, I agree.
[01:53:09.520 --> 01:53:10.520] Alright, thanks.
[01:53:11.520 --> 01:53:12.520] Alright, thanks for calling.
[01:53:13.520 --> 01:53:17.520] Alright, now we're going to go to Bob in Texas. Bob, what can we do for you?
[01:53:17.520 --> 01:53:30.520] Well, just to touch base a little bit on what you started tonight's program with was on the challenge to subject matter jurisdiction. Is that filed in the court that claimed original jurisdiction?
[01:53:31.520 --> 01:53:37.520] Well, it's filed in every court, but the original court is where you always start.
[01:53:37.520 --> 01:53:52.520] Okay, since this is a municipal court, where should you not agree with their saying we do have jurisdiction? Who do you appeal that to?
[01:53:52.520 --> 01:54:07.520] Well, that's the problem. That's part of what I was talking about at the beginning, the appellate courts saying that they're not going to review any jurisdictional issues until you've gone through the process up to them, which is ridiculous.
[01:54:07.520 --> 01:54:23.520] But what you have to do is simply file your paperwork arguing why the trial court lacked jurisdiction in the first place. Then if it's not a court of records, you have to make the exact same arguments as to why the de novo court doesn't have it.
[01:54:24.520 --> 01:54:35.520] They don't have it because the original court never had it. And then when it finally gets to the appeals court from there, they get to look at it and go, oh, we don't care.
[01:54:35.520 --> 01:54:44.520] Well, yeah, I understand, but they've already cost me all they can.
[01:54:45.520 --> 01:54:47.520] They've cost all of us, believe me.
[01:54:48.520 --> 01:54:56.520] That's exactly right. That's why I'm going to tie them up even longer trying to get this. I've already been found guilty. I did my four days in jail.
[01:54:57.520 --> 01:55:03.520] Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. You were found guilty of what?
[01:55:03.520 --> 01:55:07.520] Expired state inspection sticker.
[01:55:08.520 --> 01:55:16.520] A state inspection sticker is a Class C fine only. When and how did you wind up in jail?
[01:55:17.520 --> 01:55:19.520] Because I was not showing my driver's license.
[01:55:20.520 --> 01:55:28.520] So what? That doesn't make it a higher offense. Not unless you've been convicted of it once already.
[01:55:28.520 --> 01:55:32.520] No. Okay. Then they're all Class Cs.
[01:55:33.520 --> 01:55:37.520] What idiot was dumb enough to throw you in jail?
[01:55:38.520 --> 01:55:45.520] Four officers. The officers threw you in jail for four days?
[01:55:46.520 --> 01:55:50.520] Well, he just threw me in jail. He didn't know how long I was going to stay there.
[01:55:51.520 --> 01:55:55.520] Okay. When did you see a magistrate after he threw you in jail?
[01:55:55.520 --> 01:56:04.520] I believe it was about 36 hours after my admittance to jail.
[01:56:05.520 --> 01:56:07.520] So I'm taking it they got you on a Friday?
[01:56:08.520 --> 01:56:10.520] Yeah, that afternoon.
[01:56:11.520 --> 01:56:12.520] Okay.
[01:56:13.520 --> 01:56:17.520] And of course we passed two courthouses on the way.
[01:56:17.520 --> 01:56:24.520] Well, you have a false imprisonment suit against the cop. No question about that. Texas case law is very clear on that.
[01:56:25.520 --> 01:56:40.520] Well, of course I'll be including that in my tort to the city, but I was also wanting to file some paperwork to get our questions answered about just exactly where do they get this transportation definition.
[01:56:41.520 --> 01:56:43.520] Well, you're not going to get that answer.
[01:56:43.520 --> 01:57:06.520] Exactly. Or any of the other definitions, as they are ruled on by the Supreme Court, but since you are allowed a challenge to subject matter jurisdiction at any time, I was wanting to put something in writing.
[01:57:06.520 --> 01:57:17.520] My original 25-30 page challenge was just overruled out of hand with no...
[01:57:18.520 --> 01:57:24.520] That's always going to be the case, but do you have a question out of this?
[01:57:25.520 --> 01:57:29.520] Well, I still want answered what I had put in my original.
[01:57:29.520 --> 01:57:37.520] Well, you're never going to get them to answer it. They think they don't have to answer anything. They think they just get to take and do.
[01:57:38.520 --> 01:57:47.520] The only way you're going to get them to answer that is to sue them in federal court and force them to answer it on the stand.
[01:57:48.520 --> 01:57:53.520] Okay. Okay. Well, I heard you need to get out and get somebody else on those files. Thanks a lot, man.
[01:57:53.520 --> 01:57:58.520] Actually, that's the end of the show, so I'm not going to be able to get anybody else at all, but thanks for calling in, Bob.
[01:57:59.520 --> 01:58:02.520] Alright, Rob, I'm sorry I wasn't able to get to you, man. Better luck next time.
[01:58:03.520 --> 01:58:05.520] Folks, I want to thank you all for calling in.
[01:58:06.520 --> 01:58:15.520] Hey, I have an idea. Get in the face of your state representative and demand that he show his face in my class on the Constitution of Texas.
[01:58:16.520 --> 01:58:20.520] Let's get these idiots finally reading what's supposed to control what they do.
[01:58:20.520 --> 01:58:25.520] Make them attend. Tell them you won't ever vote for them again if they don't.
[01:58:26.520 --> 01:58:29.520] They need to learn what they're supposed to be doing and how it's supposed to work.
[01:58:30.520 --> 01:58:32.520] And it's supposed to work for us.
[01:58:33.520 --> 01:58:36.520] Alright, folks, you all have a blessed week. Thanks for listening. Thanks for calling in.
[01:58:36.520 --> 01:58:49.520] Y'all have a great night and a great week. Good night and God bless.
[01:59:06.520 --> 01:59:08.520] We'll be right back.
[01:59:36.520 --> 01:59:49.520] 888-551-0102 or visit us online at BFA.org