ROL_2016-01-28_16k.timecode
[00:00.000 --> 00:07.840] The following use flash is brought to you by the Lone Star Lowdown. Providing the jelly
[00:07.840 --> 00:15.440] bulletins for the commodities market. Today in history, news updates and the inside scoop
[00:15.440 --> 00:26.080] into the tides of the alternative. Markets for Wednesday the 27th of January 2016 opened
[00:26.080 --> 00:34.440] up with gold at $1,120 an ounce, silver at $14.48 an ounce, Texas crude at $31.45 a barrel
[00:34.440 --> 00:45.440] and Bitcoin is currently sitting at about 395 U.S. currency. Today in history, 30 January
[00:45.440 --> 00:52.240] 27th, 1825, the U.S. Congress approves Indian territory in what is present day Oklahoma
[00:52.240 --> 01:01.400] has cleared the way for the forced relocation of Eastern Indians known as the Trail of Tears.
[01:01.400 --> 01:05.240] In recent news, the Vatican announced over the weekend that Pope Francis will be visiting
[01:05.240 --> 01:10.520] Sweden later this year to mark the 500th anniversary of Martin Luther's writing and posting of
[01:10.520 --> 01:16.240] the 95 theses on the front doors of All Saints Church in Wittenberg, Germany, October 31st,
[01:16.240 --> 01:21.440] 1517. Amongst other points, Luther primarily wrote argumentations against the Roman Catholic
[01:21.440 --> 01:26.600] theology of indulgences, essentially the selling of forgiveness from temporal punishment from
[01:26.600 --> 01:32.120] sins for money, a practice still upheld by the church. On October 31st of this year,
[01:32.120 --> 01:36.480] Francis is set to be at the southern Swedish city of Lund where the Lutheran World Federation
[01:36.480 --> 01:41.520] was founded in 1947. While his predecessors have visited Protestant churches, Francis
[01:41.520 --> 01:45.600] has come under criticism from traditionalists and conservatives within the church who accuse
[01:45.600 --> 01:50.280] him of sending conflicting signals about interfaith relations. Catholic traditionalists
[01:50.280 --> 01:54.680] have accused Francis of making too many concessions to Lutherans since both religions will be
[01:54.680 --> 02:00.040] using Luther's common prayer during the 2017 Reformation commemoration services being held
[02:00.040 --> 02:04.680] jointly between the two churches, which they say excessively praise Luther, who was historically
[02:04.680 --> 02:09.720] condemned as a heretic and excommunicated. Pope Francis has made ecumenism one of the
[02:09.720 --> 02:14.680] main themes of his papacy considering he has already visited the Lutheran Church of Rome,
[02:14.680 --> 02:19.480] the Waldenian Protestant community in northern Italy, Rome's Jewish synagogue, and is soon
[02:19.480 --> 02:29.080] due to become the first pope to visit Rome's mosque later this year.
[02:29.080 --> 02:33.280] Marvin Minsky, a pioneer in the field of artificial intelligence at the Massachusetts Institute
[02:33.280 --> 02:37.780] of Technology, died Sunday at the age of 88. Minsky viewed the brain as a machine whose
[02:37.780 --> 02:41.840] function can be studied and replicated in the computer, and he considered how machines
[02:41.840 --> 02:47.040] might be endowed with common sense or artificial intelligence. Daniela Russ, director of MIT's
[02:47.040 --> 02:51.280] Computer Science and Artificial Intelligence Laboratory, said that Minsky helped create
[02:51.280 --> 03:18.160] the vision of artificial intelligence as we know it today.
[03:18.160 --> 03:43.760] When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.760 --> 04:03.820] You'd put the
[04:03.820 --> 04:06.820] And you check it on your father It took it on your brother
[04:06.820 --> 04:10.820] And you check it on your sister It took it on Selfie hard
[04:11.820 --> 04:12.820] Bad Boys Bad Boys what you gonna do?
[04:13.820 --> 04:15.820] What you gonna do When they come for you?
[04:16.820 --> 04:18.820] Bad Boys, Bad Boys, what you gonna do?
[04:18.820 --> 04:20.820] What you gonna do when they come for you?
[04:20.820 --> 04:24.820] Bad Boys, Bad Boys, what you gonna do?
[04:24.820 --> 04:26.820] What you gonna do when they come for you?
[04:26.820 --> 04:29.820] Bad Boys Bad Boys, what you gonna do?
[04:29.820 --> 04:31.820] What you gonna do When they come for you?
[04:31.820 --> 04:38.380] Okay, howdy, howdy.
[04:38.380 --> 04:43.240] This is Randy Kelton, Deborah Stevens, Rue of Law Radio.
[04:43.240 --> 04:54.180] And on this Thursday, the 28th day of January, 2016, and we have Jeff on the line.
[04:54.180 --> 04:57.060] He's going to be up in a minute, Jeff from Mississippi.
[04:57.060 --> 05:06.780] But tonight I was going to go over something that I found rather very interesting.
[05:06.780 --> 05:17.600] I've been designing a set of presentations that I will be putting together into a one
[05:17.600 --> 05:22.340] long seminar or one long presentation.
[05:22.340 --> 05:33.620] But it's a rather complete redesign of the living mind.
[05:33.620 --> 05:39.900] So I've been talking about some of this already and I'm doing some intermittent shows to
[05:39.900 --> 05:43.140] where I'm developing some of the pieces for it.
[05:43.140 --> 05:48.140] And in going through all this stuff, I came across something real interesting.
[05:48.140 --> 05:51.980] How to tell when people were lying.
[05:51.980 --> 05:57.620] And I had had this article for quite a while, but I was busy doing what I consider to be
[05:57.620 --> 06:02.120] more immediate stuff.
[06:02.120 --> 06:04.420] So I didn't get to it.
[06:04.420 --> 06:11.300] But yesterday I decided to look at it and I found it very interesting.
[06:11.300 --> 06:17.860] This article presents information from New Linguistic Programming from Paul Ekman.
[06:17.860 --> 06:30.060] If anybody has ever heard of the program The Lie to Me, that was a program about the star
[06:30.060 --> 06:35.500] characters were deception experts.
[06:35.500 --> 06:39.380] And they would get hired to tell when people were lying.
[06:39.380 --> 06:45.580] And it was a very well done program because they demonstrated the technology.
[06:45.580 --> 06:52.700] And the technologies they demonstrated were based on a researcher named Paul Ekman.
[06:52.700 --> 06:57.860] I think I have just about all of his works, all except for one of them and it was like
[06:57.860 --> 07:00.580] 300 bucks, so I didn't do it yet.
[07:00.580 --> 07:04.980] And it was a little bit too scholarly, a white paper to be of any value for what I'm doing.
[07:04.980 --> 07:07.220] But I find a lot of his techniques in there.
[07:07.220 --> 07:13.540] So I was going to go through some of the ways to tell if people were lying.
[07:13.540 --> 07:20.700] And the first thing you do in order to tell if someone's lying or not, it's not something
[07:20.700 --> 07:28.060] you can just do in that you can't just look at somebody and say because he does a shoulder
[07:28.060 --> 07:35.700] shrug or a particular emblematic gesture that he's lying.
[07:35.700 --> 07:37.380] First thing you have to do is calibrate.
[07:37.380 --> 07:41.740] New Linguistic Programming, they would call it calibrate.
[07:41.740 --> 07:47.420] But here they call it developing a baseline.
[07:47.420 --> 07:56.780] You pay attention to the person and notice how they use their voice, tonality, cadence,
[07:56.780 --> 08:02.580] pitch, tone, how they hold themselves, how they move, whether they use hand gestures,
[08:02.580 --> 08:11.820] still use hand gestures, get a good feel of how they present themselves in their environment.
[08:11.820 --> 08:19.700] And in order to, once you start looking for deception, the first thing you look for is
[08:19.700 --> 08:27.940] a change in the baseline behaviors, their pitch of the voice changes, cadence changes
[08:27.940 --> 08:35.140] or they weren't using hand movements and they start using hand movements.
[08:35.140 --> 08:41.900] Anything that appears to shift them out of, out from their baseline.
[08:41.900 --> 08:46.180] And then you of course pay attention to the context, if they're talking about being chased
[08:46.180 --> 08:51.580] by a robber with a pistol, their baseline is likely to shift.
[08:51.580 --> 09:01.420] But other than that, if they're purportedly telling you facts about something and their
[09:01.420 --> 09:07.540] baseline shifts, now you start paying a lot closer attention.
[09:07.540 --> 09:13.620] And of course one of the things you pay attention to is tonality.
[09:13.620 --> 09:21.500] As a rule, when someone is lying, their pitch of their voice will increase somewhat or their
[09:21.500 --> 09:26.380] voice will speak somewhat faster.
[09:26.380 --> 09:30.020] I'm not going to go through much on baseline.
[09:30.020 --> 09:40.260] Here we go, continuous reactions, verbal communication.
[09:40.260 --> 09:41.260] Here we go.
[09:41.260 --> 09:56.660] So we look at most, when we communicate with someone, about 20% of what we actually communicate
[09:56.660 --> 10:03.220] by voice, 80% of the information that goes back and forth between two people are communicated
[10:03.220 --> 10:11.180] in nonverbal ways.
[10:11.180 --> 10:19.060] Facial expressions, asymmetrical facial expressions, there's a guy who was one of the developers
[10:19.060 --> 10:24.860] of neuro-linguistic programming, Richard Bandelier.
[10:24.860 --> 10:29.620] And always I had a problem with him.
[10:29.620 --> 10:34.260] I've studied body language for a long time.
[10:34.260 --> 10:42.420] And when I look at Bandelier, you look at his face and one side of his face is different
[10:42.420 --> 10:43.420] than the other.
[10:43.420 --> 10:49.820] If anybody has ever looked at body language, one of the things they do in body language
[10:49.820 --> 10:55.460] is they'll take a full-on facial photograph, then cut it down the middle.
[10:55.460 --> 11:01.620] They'll take two photographs, cut them both down the middle, and then take, I'm sorry,
[11:01.620 --> 11:07.180] they'll take one photograph in mirror image so that they can cut them in half and put
[11:07.180 --> 11:10.860] the two left sides together as if there were a left and a right.
[11:10.860 --> 11:13.380] And then they'll put the two right sides together.
[11:13.380 --> 11:21.860] You would be amazed at how different the two faces look because of the asymmetrical nature
[11:21.860 --> 11:23.900] of the face.
[11:23.900 --> 11:32.140] And there are a lot of facial expressions that will tell you if someone is trying to
[11:32.140 --> 11:34.780] deceive you.
[11:34.780 --> 11:46.460] There are five basic expressions that are essentially universal across all cultures.
[11:46.460 --> 11:49.020] So let me find a pair.
[11:49.020 --> 11:50.020] I've been very happy.
[11:50.020 --> 11:55.500] I studied this a little more so I could present it a little more quickly, but the five basic
[11:55.500 --> 12:07.700] are disgust, fear, anger, and I have the other one in front of me.
[12:07.700 --> 12:13.740] These are the main ones that we look for if we want to see if someone's lying, and Dr.
[12:13.740 --> 12:19.260] Paul Ekman speaks to these as micro-expressions.
[12:19.260 --> 12:28.860] While they're micro-expressions, we as natural speakers of the language, we tend to recognize
[12:28.860 --> 12:35.500] when someone gives us a facial expression.
[12:35.500 --> 12:41.380] If all of the muscles of the face tend to pull together, that's disgust.
[12:41.380 --> 12:48.860] And if someone is telling us something and he doesn't believe what he's saying and he
[12:48.860 --> 12:54.580] doesn't think much of us for asking, we'll get a micro-expression of disgust.
[12:54.580 --> 13:00.420] If we've asked him something that he doesn't want to answer, we'll get an anger expression.
[13:00.420 --> 13:08.780] I'm probably not, I need to study this a little more so I can deliver it in a little more
[13:08.780 --> 13:11.540] coherent way.
[13:11.540 --> 13:16.860] I'm not doing a good job here.
[13:16.860 --> 13:19.500] Like with this, I need to do my homework.
[13:19.500 --> 13:25.220] I thought I could present it more coherently, but I'm going to have to study a little bit
[13:25.220 --> 13:26.220] more.
[13:26.220 --> 13:27.220] We do have a caller.
[13:27.220 --> 13:31.380] I'll probably do better with a caller than I'm doing with this presentation so far.
[13:31.380 --> 13:33.620] So let's go to Jeff in Mississippi.
[13:33.620 --> 13:34.620] Jeff, save me.
[13:34.620 --> 13:38.220] I've screwed up the first part of this show.
[13:38.220 --> 13:39.220] Yeah.
[13:39.220 --> 13:40.220] Hey, Randy.
[13:40.220 --> 13:43.340] Thanks for having me on the show.
[13:43.340 --> 13:46.780] You are welcome.
[13:46.780 --> 13:53.100] And I've got a general simple question, but I'm really getting hung up on it.
[13:53.100 --> 13:59.740] And that is that when I try to type up, Mike, I'm typing up some complaints right now.
[13:59.740 --> 14:05.140] And I've heard for a long, long time, especially from the Patriot movement, that I need to
[14:05.140 --> 14:10.500] change my language around and also need to change how I type things.
[14:10.500 --> 14:16.260] In other words, don't type in all caps, put it in upper or lower case.
[14:16.260 --> 14:20.300] Don't use words like plaintiff, use words like claimant.
[14:20.300 --> 14:25.780] But my problem is, is that I've done that, but now I'm starting to receive paperwork
[14:25.780 --> 14:30.300] back from the court and they're changing it back to plaintiff and putting it back in upper
[14:30.300 --> 14:32.660] case anyway.
[14:32.660 --> 14:34.500] So that was my number one question.
[14:34.500 --> 14:35.500] Okay.
[14:35.500 --> 14:36.500] Okay.
[14:36.500 --> 14:40.180] Let's go to that first.
[14:40.180 --> 14:53.340] So far as I know, uppercase names in court means nothing.
[14:53.340 --> 14:55.820] It's just their style.
[14:55.820 --> 14:56.820] Okay.
[14:56.820 --> 15:01.580] They have a style of producing documents.
[15:01.580 --> 15:03.860] An uppercase is a way to highlight the name.
[15:03.860 --> 15:08.540] If you've got the name and uppercase on the document, it's easy to find.
[15:08.540 --> 15:16.980] But all this Patriot mythology about your uppercase name being your straw man name,
[15:16.980 --> 15:22.620] your public name and your lowercase name being your private name.
[15:22.620 --> 15:27.900] I can't find anything in law that supports that.
[15:27.900 --> 15:33.900] I do have some people purporting to give me stuff in law, but what they give me is a bunch
[15:33.900 --> 15:35.180] of garbage.
[15:35.180 --> 15:41.580] So I have never used all uppercase for my name.
[15:41.580 --> 15:48.020] It's not the way I write my name and I've never noticed the courts ever changing it.
[15:48.020 --> 15:51.220] So if this court is, it's just stylistic.
[15:51.220 --> 15:52.220] Okay.
[15:52.220 --> 15:58.820] So I don't need to get hung up on all that.
[15:58.820 --> 16:09.540] If you're writing criminal complaints, there really are no hard and fast rules other than
[16:09.540 --> 16:17.860] one or two in Texas, a complaint must run in the name of the state of Texas, the name
[16:17.860 --> 16:21.380] and authority of the state of Texas.
[16:21.380 --> 16:28.780] And it must have the date of the offense cannot be prior to the offense.
[16:28.780 --> 16:36.340] If the date is prior to the offense, that's not something that can be fixed and complain
[16:36.340 --> 16:37.340] to get trashed.
[16:37.340 --> 16:42.020] If it doesn't run in the name of the state, and every complaint I've seen pretty well
[16:42.020 --> 16:46.940] runs in the name of the state, it's not a complaint if it doesn't run that way.
[16:46.940 --> 16:50.940] Hang on, we're about to go to break for Andy Kelton's beautiful video.
[16:50.940 --> 16:57.140] I call it number 512-646-1984 and we still have a fundraiser on, so go to Logos Radio
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[20:23.220 --> 20:30.220] Okay, we are back.
[20:30.220 --> 20:34.820] Randy Kelton with our radio and we're talking to Jeff and Miss Tippi and we're talking
[20:34.820 --> 20:40.060] about essentially style.
[20:40.060 --> 20:45.600] You're writing a criminal complaint and you were concerned about all uppercase names.
[20:45.600 --> 20:47.820] You put it up or lower, they changed it.
[20:47.820 --> 20:50.300] As far as I can tell in law, that means nothing.
[20:50.300 --> 20:56.860] I've got Eddie Craig on, Eddie, have you come across anything to where your name in upper
[20:56.860 --> 20:58.820] lower case makes a difference?
[20:58.820 --> 20:59.820] No.
[20:59.820 --> 21:02.900] Generally speaking, what I believe he has originally said to you is when he's saying
[21:02.900 --> 21:07.340] the courts are changing it back, what you actually mean is that the stuff they send
[21:07.340 --> 21:08.900] you still has it in uppercase.
[21:08.900 --> 21:13.260] They're not changing your documents, they're just not changing theirs.
[21:13.260 --> 21:15.260] Is that correct?
[21:15.260 --> 21:16.260] Okay.
[21:16.260 --> 21:17.260] Yes.
[21:17.260 --> 21:18.260] That makes no difference.
[21:18.260 --> 21:20.500] I've never seen that make a difference.
[21:20.500 --> 21:21.500] Okay.
[21:21.500 --> 21:22.500] Okay.
[21:22.500 --> 21:27.140] Now what about terms like plaintiff, defendant, claimant and wrong?
[21:27.140 --> 21:31.540] It doesn't matter what you call yourself, they're going to always refer to you unless
[21:31.540 --> 21:36.620] you ask for a motion and limiting in court while you're in front of a jury or the judge
[21:36.620 --> 21:38.420] to be addressed differently.
[21:38.420 --> 21:43.300] Their paperwork from them is going to always reflect you as a defendant.
[21:43.300 --> 21:47.460] You can put whatever you want in your paperwork, call them yourself, whatever you want.
[21:47.460 --> 21:51.020] You can call yourself Grandmaster B if you want to.
[21:51.020 --> 21:52.020] Okay.
[21:52.020 --> 21:56.580] But for referential index, they're going to always refer to you in a way that's familiar
[21:56.580 --> 21:59.140] to their style, as Randy put it.
[21:59.140 --> 22:00.140] Yeah.
[22:00.140 --> 22:05.860] And in a criminal complaint, I always put complainant.
[22:05.860 --> 22:12.220] I've just looked at one today where somebody had called himself a defendant and because
[22:12.220 --> 22:19.940] of the context, so this was not a reply to a motion or a motion in a criminal case or
[22:19.940 --> 22:26.620] a civil case, this was a criminal accusation and you're the one that's doing the complaining.
[22:26.620 --> 22:33.620] So I tend to call myself complainant and that's just for clarity.
[22:33.620 --> 22:39.620] But other than that, in a criminal complaint, a criminal complaint is intended to be prepared
[22:39.620 --> 22:43.380] and presented by an ordinary citizen.
[22:43.380 --> 22:48.620] So they're not very astringent, there's not very many rules.
[22:48.620 --> 22:49.620] Okay.
[22:49.620 --> 22:51.780] What about a civil?
[22:51.780 --> 22:52.780] Well no, wait a minute.
[22:52.780 --> 22:56.300] Are you talking about filing a suit or are you talking about pressing charges because
[22:56.300 --> 22:58.460] they're two different things?
[22:58.460 --> 23:00.140] I'm talking about filing a suit.
[23:00.140 --> 23:02.260] I'm doing a civil suit, a Title 42.
[23:02.260 --> 23:03.260] Okay.
[23:03.260 --> 23:04.820] Then you want a civil complaint.
[23:04.820 --> 23:05.820] Uh-huh.
[23:05.820 --> 23:06.820] Okay.
[23:06.820 --> 23:09.940] So that's completely different than criminal, which I think is what Randy's dealing with
[23:09.940 --> 23:10.940] here.
[23:10.940 --> 23:11.940] Yes.
[23:11.940 --> 23:15.940] You're saying complaint and I'm not thinking civil complaint.
[23:15.940 --> 23:17.940] This is an original petition.
[23:17.940 --> 23:18.940] Okay.
[23:18.940 --> 23:19.940] Right?
[23:19.940 --> 23:20.940] Yeah.
[23:20.940 --> 23:24.420] In the original petition, you are the plaintiff.
[23:24.420 --> 23:25.420] Yes.
[23:25.420 --> 23:26.420] Always.
[23:26.420 --> 23:28.700] You don't care what they put in there.
[23:28.700 --> 23:29.820] Oh, okay.
[23:29.820 --> 23:31.260] I am the plaintiff then.
[23:31.260 --> 23:32.260] Yeah.
[23:32.260 --> 23:35.660] In a civil complaint, if it's your suit, you are the plaintiff.
[23:35.660 --> 23:36.660] Okay.
[23:36.660 --> 23:37.660] Okay.
[23:37.660 --> 23:43.260] I don't need to worry about claimant or wrongdoer or all that stuff.
[23:43.260 --> 23:45.260] Only in reference to them.
[23:45.260 --> 23:46.260] Okay.
[23:46.260 --> 23:51.060] Well now, and that's another question, does that really matter because I've heard that
[23:51.060 --> 23:52.060] like defendants...
[23:52.060 --> 23:55.060] You can call them defendants all day long.
[23:55.060 --> 23:56.800] It isn't going to matter.
[23:56.800 --> 24:00.540] If you want to create another name for them, you can do that, but you got to make sure
[24:00.540 --> 24:02.320] it's throughout the document.
[24:02.320 --> 24:05.660] But I recommend you stick with what they know, which is defendant.
[24:05.660 --> 24:06.660] Go ahead.
[24:06.660 --> 24:12.700] You put their name in and then put in parentheses here and after referred to as.
[24:12.700 --> 24:18.860] You do the same thing for you, your name, here and after referred to as.
[24:18.860 --> 24:23.100] They don't make any difference what they call themselves or what they say.
[24:23.100 --> 24:26.560] As concerns the immediate document.
[24:26.560 --> 24:33.460] You have defined what this term means, so you don't have any issues with that.
[24:33.460 --> 24:34.660] Okay.
[24:34.660 --> 24:41.340] You might listen because Eddie and I are going to talk about some issues and we may talk
[24:41.340 --> 24:49.140] about some documents he's producing and I'd like to talk some about style.
[24:49.140 --> 24:56.180] That really doesn't go to like the blue book styles.
[24:56.180 --> 25:03.740] Like there's a standard blue book that has how you style citations and how you style
[25:03.740 --> 25:04.740] different things.
[25:04.740 --> 25:14.140] I wanted to talk about style as concerns human beings and how they read and understand and
[25:14.140 --> 25:20.620] written word so that you prepare your paper in a way that makes sense to them.
[25:20.620 --> 25:23.420] One primary thing is footnotes.
[25:23.420 --> 25:32.660] I really hate footnote because to read a footnote, you have to drop out of flow.
[25:32.660 --> 25:41.260] So if a footnote is something ancillary, just something for reference, then I'll put a footnote
[25:41.260 --> 25:42.260] in.
[25:42.260 --> 25:48.820] But if I make a statement that the law says this or that, I don't want to put a footnote
[25:48.820 --> 25:53.020] to where I have that section of what the law actually says.
[25:53.020 --> 26:00.740] I want to put in a quote right underneath where I'm at so that the reader can read
[26:00.740 --> 26:07.540] the quote and stay in flow and not have to stop and go to shift gears to go find the
[26:07.540 --> 26:11.980] footnote and then read the footnote but then it dropped out of mental flow.
[26:11.980 --> 26:18.500] So I generally always put it right under and I always shrink both margins, change it to
[26:18.500 --> 26:24.340] single line and drop the font by one or two, generally two.
[26:24.340 --> 26:33.300] So stylistically, when the reader gets to that quotation, he may have to look at the
[26:33.300 --> 26:37.460] first one and realize this is how I do quotations.
[26:37.460 --> 26:44.780] But after that, when he sees that particular change in style, he's going to know this is
[26:44.780 --> 26:51.940] where my narration stops and where the quote starts and then right down here is where the
[26:51.940 --> 26:55.140] quote starts and my narration starts again.
[26:55.140 --> 27:03.020] Yeah, because I've seen quotes put in the body of the text and sometimes it's really
[27:03.020 --> 27:10.180] hard to tell where the quote starts and the narration begins.
[27:10.180 --> 27:15.860] So you can figure it out if you read the sentences carefully and check for the quotation marks
[27:15.860 --> 27:21.740] and make sure that this quotation marks not starting another quote but you have to shift
[27:21.740 --> 27:23.980] out of flow to do that.
[27:23.980 --> 27:32.460] So this is the kind of things we probably need to do a whole show on stylistic elements.
[27:32.460 --> 27:34.300] That's what I'm getting hung up on.
[27:34.300 --> 27:39.500] You know, my last question, and this may seem petty but it may be important, I've been reading
[27:39.500 --> 27:47.220] some Title 42 complaints as examples and some of them make the statement that they are seeking
[27:47.220 --> 27:54.780] declarative and injunctive relief and my big question is I kind of know what declarative
[27:54.780 --> 27:59.980] relief and injunctive relief is but if you're doing a Title 42, how would that really flow
[27:59.980 --> 28:01.580] into that?
[28:01.580 --> 28:13.380] Well, declarative would probably be something like you ask the court to enter a declaratory
[28:13.380 --> 28:19.140] judgment on say a document that you filed or a document that they're using.
[28:19.140 --> 28:24.580] You want them to declare that this document is either valid or not valid.
[28:24.580 --> 28:31.940] Injunctive relief, then you're going to go to asking the court to direct the other person
[28:31.940 --> 28:34.820] to do something or not to do something.
[28:34.820 --> 28:40.580] Now if you're doing somebody for money, I mean really what are you asking the court
[28:40.580 --> 28:41.580] to do?
[28:41.580 --> 28:49.100] Yeah, then you may have declaratory, you may have injunctive, you may have damages, punitive.
[28:49.100 --> 28:55.940] Yeah, then you'll go to tort and causes of action.
[28:55.940 --> 29:04.020] Now your declaratory, you can also be seeking a judicial opinion about a particular statute
[29:04.020 --> 29:09.420] or interpretation of statute and so on and so forth.
[29:09.420 --> 29:12.660] I get that, okay.
[29:12.660 --> 29:22.420] You're asking the court to make a minor ruling on something that then becomes res judicata.
[29:22.420 --> 29:30.580] You get the court to say that he takes judicial notice of the existence of this document.
[29:30.580 --> 29:35.820] He doesn't have to take judicial notice of the facts in it but then this document is
[29:35.820 --> 29:40.100] now officially in the record and it's never going anywhere.
[29:40.100 --> 29:41.100] Got it.
[29:41.100 --> 29:42.100] Okay.
[29:42.100 --> 29:43.100] I sure appreciate it.
[29:43.100 --> 29:46.540] I'm done fellas and I'll call in next week.
[29:46.540 --> 29:47.540] Okay.
[29:47.540 --> 29:48.540] Thank you.
[29:48.540 --> 29:49.540] Thank you.
[29:49.540 --> 29:54.700] This is Randy Kelton, Eddie Craig, Deborah Stevens, RuPaul Radio, we've got a ton of
[29:54.700 --> 30:03.260] fundraiser on so make sure you go to Logos Radio Network and Randy's been fun.
[30:03.260 --> 30:07.820] Children conceived through fertility treatments are more likely to suffer serious birth defects
[30:07.820 --> 30:09.340] than babies conceived naturally.
[30:09.340 --> 30:14.380] I'm Dr. Catherine Albracht and in a moment I'll have details on a groundbreaking study
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[30:46.580 --> 30:50.940] These days, childless couples are turning to fertility clinics in record numbers but
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[30:55.740 --> 30:58.380] is significantly higher than average.
[30:58.380 --> 31:03.900] After reviewing 300,000 birth records, researchers found that 8% of fertility babies suffered
[31:03.900 --> 31:07.580] from heart, genital, kidney, brain and lung problems.
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[32:03.260 --> 32:06.020] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.020 --> 32:09.660] In today's America, we live in an us against them society and if we the people are ever
[32:09.660 --> 32:13.540] going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.540 --> 32:17.060] Among those rights are the right to travel freely from place to place, the right to act
[32:17.060 --> 32:21.100] in our own private capacity and most importantly, the right to due process of law.
[32:21.100 --> 32:25.340] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:25.340 --> 32:26.340] through due process.
[32:26.340 --> 32:30.300] Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the
[32:30.300 --> 32:34.100] most comprehensive teaching tool available that will help you understand what due process
[32:34.100 --> 32:36.460] is and how to hold the courts to the rule of law.
[32:36.460 --> 32:40.500] You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:40.500 --> 32:41.780] ordering your copy today.
[32:41.780 --> 32:45.300] By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law
[32:45.300 --> 32:50.020] Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:50.020 --> 32:51.860] and other useful resource material.
[32:51.860 --> 32:55.820] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.820 --> 33:01.460] Order your copy today and together we can have the free society we all want and deserve.
[33:01.460 --> 33:07.060] Live, free speech radio, logosradionetwork.com.
[33:07.060 --> 33:27.620] Mr. Officer, you're taking the right hand Won't you follow the law of the land?
[33:27.620 --> 33:46.620] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[33:46.620 --> 34:01.620] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[34:01.620 --> 34:16.620] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[34:16.620 --> 34:32.620] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[34:32.620 --> 34:35.820] Randy Kelton, here with Eddie Craig,
[34:35.820 --> 34:39.780] and we have a very, very special guest
[34:39.780 --> 34:42.020] that we always treat with kid's gloves
[34:42.020 --> 34:44.460] because he is quite aged.
[34:45.860 --> 34:48.760] He is so old, he's older than me.
[34:51.080 --> 34:54.140] And like I always say, I got dirt in my front yard
[34:54.140 --> 34:55.100] that's not as old as me.
[34:55.100 --> 34:56.900] Hello, Jeff said, Rick.
[34:57.860 --> 34:59.100] How are you, Mr. Randy?
[35:00.700 --> 35:01.740] Hi, don't have a hearing.
[35:01.740 --> 35:03.340] Maybe not you.
[35:03.340 --> 35:04.160] Hello?
[35:04.160 --> 35:05.000] Yeah, we hear you.
[35:05.000 --> 35:05.940] Go ahead, Jeff.
[35:05.940 --> 35:06.780] Okay.
[35:08.380 --> 35:12.120] My call was basically in response to Jeff in Mississippi.
[35:15.140 --> 35:17.180] He was talking about the Patriot community
[35:17.180 --> 35:20.380] and my experience of the Patriot community
[35:20.380 --> 35:25.380] fits with a Mark Twain quotable quote that goes like this.
[35:26.020 --> 35:28.700] It isn't what you know, don't know rather,
[35:28.700 --> 35:30.020] that gets you in trouble.
[35:30.020 --> 35:32.980] It's what you know for sure that's wrong.
[35:35.060 --> 35:40.060] He needs to, he is filing under Title 42, which is law.
[35:40.340 --> 35:44.660] He needs to file his case in law,
[35:44.660 --> 35:49.260] not equity or common law, but in law.
[35:50.360 --> 35:54.220] And to do otherwise, it's basically going to cast
[35:54.220 --> 35:57.140] dispersions on him from the judge
[35:57.140 --> 36:01.660] and the judge is gonna look at him with a very jaundiced eye.
[36:02.500 --> 36:04.620] The other thing is, is he needs to check the rules
[36:04.620 --> 36:07.540] of federal procedure and he also needs to check
[36:07.540 --> 36:11.700] the local court rules and just to dig a little deeper
[36:11.700 --> 36:14.660] within the local court rules, check to see if the judge
[36:14.660 --> 36:17.780] he's going before has his own set of rules
[36:17.780 --> 36:20.380] so that when he writes his complaint,
[36:20.380 --> 36:24.020] it matches the rules and he stays inside
[36:24.020 --> 36:28.060] the good graces of the court.
[36:28.060 --> 36:29.860] And that's about all I really had to say.
[36:29.860 --> 36:33.660] Just explain to him real quick what you mean by in law, Jeff.
[36:35.700 --> 36:39.100] God, that's a four hour soliloquy there, Eddie.
[36:39.100 --> 36:40.900] Okay, well do you have some place to send him
[36:40.900 --> 36:42.580] for reference to look it up then?
[36:43.980 --> 36:48.980] Well, when you're going into court under law,
[36:48.980 --> 36:53.400] you're citing statutes.
[36:53.400 --> 36:55.480] What statute did they violate?
[36:57.660 --> 37:00.800] Not some equity where things are into,
[37:00.800 --> 37:05.360] where situation didn't break equitably for you.
[37:05.360 --> 37:07.920] You had a deal where you were supposed to come out,
[37:07.920 --> 37:10.120] each one was supposed to come out with a certain benefit
[37:10.120 --> 37:12.400] and one person didn't get the benefit.
[37:12.400 --> 37:13.600] You know, that would be equity
[37:13.600 --> 37:15.160] because you're not citing statute there,
[37:15.160 --> 37:16.920] you're citing equity.
[37:16.920 --> 37:20.440] And you're going to law, which Title 42 is law,
[37:20.440 --> 37:23.660] you have to cite what statutes were violated
[37:23.660 --> 37:28.300] and how they violated and what the penalty is for so doing.
[37:30.400 --> 37:32.760] It is a comprehensive pleading.
[37:32.760 --> 37:35.360] But you can't go into court mixing and matching.
[37:35.360 --> 37:36.360] Yeah, which in this case,
[37:36.360 --> 37:39.960] if it's a suit against a public official,
[37:39.960 --> 37:42.440] you would be citing something like Title 18
[37:42.440 --> 37:44.640] as the statute they violated,
[37:44.640 --> 37:48.920] giving you your cause of action under Title 42 in law.
[37:50.280 --> 37:51.120] Something like that.
[37:51.120 --> 37:54.880] Or you could use, you start in with Title 42 in 1983,
[37:54.880 --> 37:59.320] deprivation of rights and then bring in the criminal part
[37:59.320 --> 38:02.800] where they perpetrated a crime and in so doing,
[38:02.800 --> 38:04.440] deprived you of your rights.
[38:04.440 --> 38:05.280] Right.
[38:05.280 --> 38:10.280] My question is, if I'm filing a RICO suit.
[38:13.680 --> 38:14.520] A what?
[38:14.520 --> 38:19.520] If I'm filing a RICO or a 42 U.S. Code suit.
[38:21.600 --> 38:22.440] 1961.
[38:22.440 --> 38:27.440] Is it mandatory that I use the term in law
[38:27.760 --> 38:31.560] or is the suit filed in law
[38:31.560 --> 38:34.720] when I file it making claims under statute?
[38:36.680 --> 38:39.600] It's in law when you're making claims under statute.
[38:39.600 --> 38:41.040] But one of the several-
[38:41.040 --> 38:45.240] I don't have to say I'm filing in law or in equity.
[38:45.240 --> 38:46.800] It just is what it is.
[38:46.800 --> 38:49.360] That's demonstrated by filing under statute.
[38:49.360 --> 38:50.600] If you're filing in RICO,
[38:50.600 --> 38:53.240] you have to file under two statutes.
[38:55.120 --> 39:00.040] One is 1961, where there's an ongoing enterprise.
[39:00.040 --> 39:02.880] And the second, what the violation was,
[39:02.880 --> 39:04.480] the enterprise was perpetrating.
[39:05.680 --> 39:06.560] Yes.
[39:06.560 --> 39:08.400] So by citing the statutes-
[39:08.400 --> 39:11.960] RICO statutes are RICO statutes.
[39:11.960 --> 39:16.960] Okay, so filing in law is not something like a header
[39:17.520 --> 39:18.680] on the document or something,
[39:18.680 --> 39:21.120] some specific words you have to put in there.
[39:21.120 --> 39:21.960] No.
[39:21.960 --> 39:23.480] It is a style of preparing to plead.
[39:24.600 --> 39:29.600] No, it's actually contained in the venue statement.
[39:34.840 --> 39:38.160] Wait, in the what statement?
[39:38.160 --> 39:41.400] A jurisdiction, rather, jurisdiction statement.
[39:41.400 --> 39:44.240] Like this particular jurisdictional statement here.
[39:44.240 --> 39:46.560] This coordinates jurisdiction under 15 USC,
[39:46.560 --> 39:49.640] 1962 KD at Sequest.
[39:49.640 --> 39:54.640] Also 47 USC 227, B3, and 28 USC 1331 and 1337.
[39:57.920 --> 39:59.640] Those are your at-law statements.
[40:02.600 --> 40:04.720] That's the at-law jurisdiction.
[40:04.720 --> 40:05.560] Okay.
[40:07.080 --> 40:08.000] Now I got it.
[40:08.000 --> 40:09.920] Now I understand where you're going.
[40:10.840 --> 40:11.680] Okay.
[40:11.680 --> 40:13.960] And I hope Jeff is listening.
[40:13.960 --> 40:16.800] I would think that jurisdictional statement
[40:16.800 --> 40:19.800] would be very, very important.
[40:19.800 --> 40:20.640] Oh, it is.
[40:21.640 --> 40:23.280] Yeah, it's kind of like towing a trailer
[40:23.280 --> 40:25.160] without a ball hitch, Rainey.
[40:25.160 --> 40:26.000] Yeah.
[40:26.000 --> 40:27.640] Well, it's something you're readily familiar with, right?
[40:27.640 --> 40:30.520] I mean, trying to latch it to the vehicle with a chain.
[40:31.560 --> 40:32.640] Or a stick.
[40:34.120 --> 40:36.680] I'm real familiar with pulling vehicles with chains
[40:36.680 --> 40:39.000] and pulling them with, yeah,
[40:39.000 --> 40:41.800] I've had lots of wrecks doing that.
[40:41.800 --> 40:43.040] Or how about a rope?
[40:45.320 --> 40:46.160] I break those.
[40:46.160 --> 40:49.160] I had someone told me on a motor scooter once,
[40:50.320 --> 40:52.160] with me holding a rope.
[40:52.160 --> 40:55.320] You know, when they shift to second gear,
[40:55.320 --> 40:57.880] they can snatch you right over the handlebars
[40:57.880 --> 41:00.480] and that motor scooter will run right over you?
[41:02.840 --> 41:03.680] That hurt.
[41:03.680 --> 41:07.440] And they'll snatch you over the handlebars
[41:07.440 --> 41:09.400] before you can turn loose with a rope.
[41:11.320 --> 41:13.920] Yeah, if you don't manage to jerk it up in the air
[41:13.920 --> 41:16.080] and throw you off backwards.
[41:16.080 --> 41:18.840] Well, this one snatched me over the handlebars
[41:18.840 --> 41:21.200] and I had tire marks up my behind
[41:21.200 --> 41:22.800] where that thing went over me.
[41:23.920 --> 41:25.800] It was not one of my better days.
[41:27.960 --> 41:28.800] Okay.
[41:28.800 --> 41:31.840] That was what I had to contribute to Jeff in Mississippi.
[41:31.840 --> 41:33.280] So thank you for the opportunity.
[41:33.280 --> 41:34.120] Thanks, Jeff.
[41:35.600 --> 41:36.440] Okay.
[41:36.440 --> 41:37.260] Good night.
[41:37.260 --> 41:38.100] Okay, thank you, Jeff.
[41:38.100 --> 41:41.600] Now we're gonna go to Tommy in Texas.
[41:41.600 --> 41:44.520] Hello, Tommy, what do you have for us today?
[41:44.520 --> 41:46.280] Hey, good evening, guys.
[41:46.280 --> 41:47.320] Yeah.
[41:47.320 --> 41:48.160] First of all, let me say,
[41:48.160 --> 41:51.320] I did purchase that jurisdiction course
[41:51.320 --> 41:54.360] through the Logos Radio Network site.
[41:54.360 --> 41:55.200] So-
[41:55.200 --> 41:56.840] Wonderful, wonderful.
[41:56.840 --> 41:58.040] Yeah, yeah.
[41:58.040 --> 42:03.040] I've got a question regarding loan assignment
[42:05.000 --> 42:08.680] or mortgage assignment or promissory note assignment.
[42:08.680 --> 42:12.520] I have a first mortgage I haven't written agreement with,
[42:12.520 --> 42:15.200] but apparently they transferred the,
[42:15.200 --> 42:19.280] they assigned the servicing to another company
[42:19.280 --> 42:20.520] and they sent me a letter saying
[42:20.520 --> 42:21.920] that it was gonna be assigned.
[42:21.920 --> 42:22.760] The other company-
[42:22.760 --> 42:23.800] Okay, okay, hold on.
[42:23.800 --> 42:27.120] You're breaking a cardinal rule.
[42:27.120 --> 42:29.520] You're using pronouns.
[42:29.520 --> 42:31.720] Personal pronouns, yeah.
[42:31.720 --> 42:32.560] Okay.
[42:32.560 --> 42:35.360] Tell us who they is so that we don't get
[42:35.360 --> 42:37.240] the references mixed up.
[42:38.240 --> 42:39.280] I apologize.
[42:39.280 --> 42:41.880] The first mortgage company sent me a note saying
[42:41.880 --> 42:45.440] that they have reassigned the mortgage servicing.
[42:47.080 --> 42:47.920] The-
[42:47.920 --> 42:50.040] Okay, how old is your note?
[42:51.800 --> 42:56.480] It was signed on November 25th of 2015.
[42:56.480 --> 42:57.920] Oh, okay, so it's a new note.
[42:57.920 --> 42:59.760] So I won't ask.
[42:59.760 --> 43:01.440] The second question was gonna be,
[43:01.440 --> 43:03.760] is the company still in business?
[43:03.760 --> 43:06.360] It's 15 and that won't be an issue.
[43:07.640 --> 43:11.120] The first company is the originator is still in business
[43:11.120 --> 43:16.120] and they did in fact record the deed in the land records.
[43:19.600 --> 43:22.200] Did they record an assignment?
[43:24.200 --> 43:26.160] No, that's why I'm calling.
[43:26.160 --> 43:30.640] The new assignee, the second mortgage company
[43:30.640 --> 43:33.840] or new servicing company has not filed
[43:33.840 --> 43:35.400] a record of assignment.
[43:35.400 --> 43:38.160] Okay, they may not have to and I'll explain that
[43:38.160 --> 43:39.960] when we come back on the other side.
[43:41.440 --> 43:45.160] This is Randy Kelton here with Eddie Craig,
[43:45.160 --> 43:48.320] we have our radio and our fundraiser is still on
[43:48.320 --> 43:52.120] so go to Logos Radio Network and look over advertisers
[43:52.120 --> 43:55.000] and if we have anything there you can use.
[43:55.000 --> 43:57.200] If you purchase it from us, it'll help us
[43:57.200 --> 43:59.760] support this station and get you in our growing up.
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[44:37.480 --> 44:42.480] That's 512-264-4043, naturespureorganics.com.
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[44:49.120 --> 44:56.120] Are you the plaintiff or defendant in a lawsuit?
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[46:00.680 --> 46:25.280] Okay, we are back.
[46:25.280 --> 46:28.040] Brandy Kelton, Eddie Craig, Rule of Law Radio,
[46:28.040 --> 46:30.880] and we're talking to Tommy in Texas.
[46:32.080 --> 46:35.960] And what has apparently happened is
[46:35.960 --> 46:37.920] they've really changed the servicing.
[46:39.280 --> 46:42.520] In the securitization world,
[46:43.560 --> 46:46.200] what is actually sold is not the note
[46:46.200 --> 46:48.040] or the deed of trust or any of that.
[46:49.280 --> 46:50.520] This is factoring.
[46:51.440 --> 46:54.920] They factor the accounts receivable.
[46:54.920 --> 46:58.440] And your note constitutes accounts receivable.
[46:58.440 --> 47:02.440] And they sell the right to receive the payments.
[47:02.440 --> 47:04.400] So that's what gets sold.
[47:04.400 --> 47:09.120] And generally, the lender will keep the servicing rights.
[47:09.120 --> 47:13.160] The banks actually sell the servicing rights
[47:13.160 --> 47:14.800] to different companies.
[47:14.800 --> 47:17.800] So what they've done here is transferred the right
[47:17.800 --> 47:20.080] to service the note to somebody else.
[47:20.080 --> 47:25.080] That doesn't go to the deed of trust or the note either.
[47:25.360 --> 47:28.320] So under the Real Estate Shandler Procedures Act,
[47:28.320 --> 47:30.000] they have to give you notice,
[47:30.000 --> 47:32.840] but they don't have to file that in the public record.
[47:35.120 --> 47:37.440] Okay, because they didn't, and I was wondering,
[47:37.440 --> 47:40.320] would that hurt in any way my legal standing
[47:40.320 --> 47:43.760] if I didn't challenge that fact or put it in form?
[47:43.760 --> 47:45.120] No, no, that won't hurt.
[47:45.120 --> 47:50.120] That was a necessary, they gave you the necessary notice.
[47:50.160 --> 47:53.920] And that's giving you notice within 30 days.
[47:53.920 --> 47:57.160] And they have to tell you that if you still send
[47:57.160 --> 47:59.720] your payment to the other company,
[47:59.720 --> 48:02.560] that that company will send it to us,
[48:02.560 --> 48:05.560] but you're supposed to send your payments to us.
[48:05.560 --> 48:06.920] And that's about it.
[48:08.080 --> 48:12.160] But it doesn't involve a change in holder status
[48:12.160 --> 48:15.920] of the mortgage.
[48:15.920 --> 48:17.720] Okay, okay.
[48:17.720 --> 48:20.640] Well, then I feel better then, okay.
[48:21.560 --> 48:25.440] I just wasn't sure and I couldn't find it.
[48:25.440 --> 48:28.120] I didn't know if it was a requirement to record that or not,
[48:28.120 --> 48:29.480] but I guess it is not.
[48:30.440 --> 48:32.040] No, not that one.
[48:32.040 --> 48:35.720] Because that doesn't affect holder status.
[48:35.720 --> 48:39.600] So there is no actual requirement to file.
[48:39.600 --> 48:44.600] However, if you fail to file, there is a consequence.
[48:45.200 --> 48:49.520] And that's 13.001 Texas Property Code says
[48:49.520 --> 48:52.000] that any claim against real property,
[48:52.000 --> 48:54.240] not properly acknowledged or proven
[48:54.240 --> 48:58.720] and filed in the public record is void to the holder.
[48:58.720 --> 49:01.320] And every state I've looked at in the union
[49:01.320 --> 49:03.320] has a similar statute.
[49:05.120 --> 49:09.120] So the only state I know of where it's statutory
[49:09.120 --> 49:11.400] to file is Pennsylvania.
[49:12.360 --> 49:15.360] Every place else, it's optional.
[49:15.360 --> 49:16.880] But if you don't file,
[49:17.800 --> 49:21.360] then you don't have standing to enforce your note.
[49:21.360 --> 49:23.160] And this is one of the biggest claims
[49:23.160 --> 49:25.360] people are making against the banks,
[49:25.360 --> 49:27.720] is you don't have standing to collect.
[49:29.400 --> 49:31.440] Okay, does that make sense?
[49:31.440 --> 49:34.040] It makes a lot of sense, yeah.
[49:34.040 --> 49:37.240] Okay, hey, look, I appreciate what you guys do.
[49:37.240 --> 49:39.960] The sacrifice that you make, and everyone out there,
[49:39.960 --> 49:41.320] listen, let me tell you something.
[49:41.320 --> 49:44.760] You guys need to purchase these men's material
[49:44.760 --> 49:47.160] because it will give you knowledge.
[49:47.160 --> 49:49.240] And knowledge is power.
[49:49.240 --> 49:51.240] I am a direct beneficiary of that.
[49:51.240 --> 49:52.720] That's not just a statement you see
[49:52.720 --> 49:56.320] on the bottom of someone's email or on someone's page.
[49:56.320 --> 49:59.160] It's actually true, and I've lived it.
[49:59.160 --> 50:02.320] And I've got four wins in court right now,
[50:02.320 --> 50:04.680] two in traffic and two in family court
[50:04.680 --> 50:05.800] because of these men.
[50:05.800 --> 50:07.680] Thank you very much.
[50:07.680 --> 50:08.520] Appreciate it.
[50:09.320 --> 50:10.160] Wonderful, yeah.
[50:10.160 --> 50:12.960] I just had someone I was talking to today
[50:12.960 --> 50:17.960] had filed Eddie's motions in a court in Rockwall.
[50:19.600 --> 50:23.440] That's Rockwall is a East suburb of Dallas.
[50:24.360 --> 50:29.000] And the guy in front of him had exactly the same motions.
[50:30.520 --> 50:32.920] Oh, man, incredible.
[50:32.920 --> 50:35.120] That's good, this is getting around.
[50:35.120 --> 50:36.440] Okay, thank you, Tommy.
[50:38.640 --> 50:42.040] Now Eddie has got a document he wants,
[50:42.040 --> 50:45.360] we want to discuss, but Eddie has Skyped it to me twice
[50:45.360 --> 50:47.640] and your Skype is saying this file isn't available.
[50:47.640 --> 50:50.000] Can you email it to me so I can keep it?
[50:50.000 --> 50:52.240] Well, I can certainly try real quick,
[50:52.240 --> 50:53.680] see if it does any better.
[50:56.080 --> 50:58.680] Okay, while you're, yeah, you're not as old as me
[50:58.680 --> 51:00.720] so you can multitask.
[51:00.720 --> 51:01.960] I can certainly try.
[51:01.960 --> 51:05.400] I'm usually pretty good at that aspect of things.
[51:05.400 --> 51:09.120] Kind of give us a brief on what the document is.
[51:09.120 --> 51:11.000] Okay, well, this is actually a case
[51:11.000 --> 51:14.400] out of the State of Washington Supreme Court,
[51:14.400 --> 51:18.720] but it creates an interesting premise for my document
[51:18.720 --> 51:22.400] challenging the constitutionality of the amended
[51:22.400 --> 51:27.400] or the recodified transportation code bill SB 971 from 1995.
[51:29.240 --> 51:31.360] Now the document's emailed to you, Randy,
[51:31.360 --> 51:32.480] so you should have it.
[51:34.080 --> 51:37.480] But what I'm looking at in this case brings up
[51:37.480 --> 51:40.240] a very interesting perspective
[51:40.240 --> 51:44.280] that I'm actually expecting the State of Texas
[51:44.280 --> 51:46.160] to try to run to.
[51:46.160 --> 51:49.400] And because of that, this is what I wanted to discuss
[51:49.400 --> 51:52.000] with you about how this is going to play out
[51:52.000 --> 51:53.880] if they do it here.
[51:53.880 --> 51:58.800] Now basically, this case is NRA self
[51:58.800 --> 52:02.600] and that's SELF versus RAY, R-H-A-Y,
[52:02.600 --> 52:06.880] 377 Pacific 2nd, 885.
[52:06.880 --> 52:11.440] Now in this case, it's dealing with
[52:11.440 --> 52:16.440] an unconstitutional ordinance or statute.
[52:16.560 --> 52:19.560] And in this case, they have this
[52:19.560 --> 52:22.880] where this gentleman was challenging the constitutionality
[52:22.880 --> 52:27.800] of an amendment to a statute of the State of Washington.
[52:27.800 --> 52:31.240] And this is something that the State Supreme Court said.
[52:32.240 --> 52:37.240] Section 35.27.020 of RCW,
[52:37.240 --> 52:39.560] which is revised codes of Washington,
[52:39.560 --> 52:43.080] as derived from section 15 of an act
[52:43.080 --> 52:45.680] providing for the organization classification
[52:45.680 --> 52:48.560] and corporation and government of municipal corporations,
[52:48.560 --> 52:50.920] laws of 1889 and 90,
[52:50.920 --> 52:54.040] page 141 is amended to read as follows.
[52:54.040 --> 52:58.360] And then it puts this into the amended language.
[52:58.360 --> 53:01.800] In this respect, the 1951 legislature
[53:01.800 --> 53:05.280] was following its own unconstitutional device
[53:05.280 --> 53:07.360] for amending a section of an act
[53:07.360 --> 53:11.080] in disregard of the specific constitutional mandate.
[53:11.080 --> 53:14.480] The act before us does not purport to amend
[53:14.480 --> 53:16.400] a section of an act,
[53:16.400 --> 53:20.000] but only a section of a compilation entitled
[53:20.000 --> 53:22.440] revised code of Washington,
[53:22.440 --> 53:25.800] which is not the law.
[53:25.800 --> 53:29.160] Such an act purporting to amend only a section
[53:29.160 --> 53:34.160] of the prima facie compilation leaves the law unchanged.
[53:34.720 --> 53:38.560] So here is what I am expecting the State of Texas
[53:38.560 --> 53:41.360] to attempt to do in relation to my challenge
[53:41.360 --> 53:46.360] to SB 971's alteration of Vernon's annotated civil statutes
[53:47.560 --> 53:52.360] into a single codified transportation code.
[53:52.360 --> 53:53.720] Okay, hold on, hold on.
[53:53.720 --> 53:55.080] Back up just a little bit.
[53:55.080 --> 53:56.000] All right.
[53:56.000 --> 54:00.240] Explain about the 1925 code
[54:00.240 --> 54:03.360] as concerns, changes or alterations.
[54:03.360 --> 54:08.200] All codes in Texas are based upon original acts
[54:08.200 --> 54:12.560] of the legislature from 1925.
[54:12.560 --> 54:14.920] If you actually read Vernon's,
[54:14.920 --> 54:18.520] the publications of Vernon's on,
[54:18.520 --> 54:21.440] right inside the cover page, there's a title page
[54:21.440 --> 54:25.000] and inside the title page, there is a certification page
[54:25.000 --> 54:27.080] from the Secretary of State.
[54:27.080 --> 54:31.960] The Secretary of State certifies on that certification page
[54:31.960 --> 54:36.880] that all the statutes in that code are compliant
[54:36.880 --> 54:40.680] with the original act itself.
[54:40.680 --> 54:43.160] None of the current codes have that.
[54:43.160 --> 54:44.560] None of them.
[54:44.560 --> 54:48.080] They are all recodifications of Vernon's
[54:48.080 --> 54:50.240] without the certification.
[54:50.240 --> 54:52.640] And we know already from some of the stuff
[54:52.640 --> 54:54.040] Randy's read in my paper,
[54:54.040 --> 54:59.040] why they didn't certify those new recodifications.
[54:59.120 --> 55:03.560] Because they greatly altered the recodified sections
[55:03.560 --> 55:06.720] of statute from the originals in Vernon's
[55:06.720 --> 55:10.560] despite telling the legislators and the public
[55:10.560 --> 55:12.920] that they were not doing so.
[55:13.800 --> 55:17.000] They put that in the language of the title of the bill,
[55:17.000 --> 55:19.800] which is supposed to tell the public and the legislature
[55:19.800 --> 55:21.840] what its real purpose is.
[55:21.840 --> 55:26.840] And they put it in the beginning of our 1.0001 or 001
[55:27.160 --> 55:31.000] of the codified version itself
[55:31.000 --> 55:34.160] that said there was no substantive changes to the statutes.
[55:34.160 --> 55:36.760] That was a ball face lie from day one.
[55:38.080 --> 55:43.080] Now, the 1925 law is what the legislature originally passed
[55:44.720 --> 55:46.400] that all these codes are based on,
[55:46.400 --> 55:49.480] whether it be the Vernon's prior to 1995
[55:49.480 --> 55:53.160] or the recodified transportation code as it exists today
[55:53.160 --> 55:56.440] and all of its amendments from 1995.
[55:56.440 --> 56:00.760] Now, what I'm expecting the state to do is to argue
[56:00.760 --> 56:03.840] that since I'm challenging the constitutionality
[56:03.840 --> 56:08.320] of SB 971 in its entirety,
[56:08.320 --> 56:12.400] that they're going to say that the challenge is moot
[56:12.400 --> 56:15.880] because the constitution does not apply
[56:15.880 --> 56:20.320] because the underlying law has not been altered
[56:20.320 --> 56:24.440] and the statute itself is not the law.
[56:24.440 --> 56:28.080] Therefore, the constitutional limitations don't apply.
[56:29.480 --> 56:33.640] Now, if you actually read the language of the bill
[56:34.800 --> 56:37.920] and then look at the rules regarding that,
[56:37.920 --> 56:42.040] the Texas constitution applies to the bill.
[56:42.040 --> 56:45.920] It doesn't apply to the law created by the bill
[56:45.920 --> 56:50.520] except in certain provisions, but in relation to a bill,
[56:50.520 --> 56:53.320] everything I'm arguing relates to the bill,
[56:53.320 --> 56:58.080] not the existing law, and SB 971 is a bill.
[56:58.080 --> 57:01.000] So this argument won't fly for them,
[57:01.000 --> 57:03.840] but this is what I'm expecting them to pull.
[57:04.720 --> 57:08.440] If they turn around and say that the statute is not law,
[57:08.440 --> 57:11.480] they have put themselves into double jeopardy
[57:11.480 --> 57:14.920] with constitutionality, and here's why.
[57:14.920 --> 57:18.840] Randy, can you tell me if a statute is not a law,
[57:18.840 --> 57:22.160] what is the problem with you being charged in court
[57:22.160 --> 57:25.400] with an offense against something that is not a law?
[57:25.400 --> 57:27.160] There's no claim.
[57:27.160 --> 57:29.760] This court has no subject matter jurisdiction.
[57:29.760 --> 57:32.800] That's correct, and what does Texas law require
[57:32.800 --> 57:35.800] in relation to a criminal complaint?
[57:36.880 --> 57:38.720] A complainant.
[57:38.720 --> 57:40.080] Well, not just a complainant.
[57:40.080 --> 57:42.520] Let me read you something
[57:42.520 --> 57:44.160] straight out of the Code of Criminal Procedure.
[57:44.160 --> 57:46.960] Now, this is out of Article 45.019.
[57:46.960 --> 57:50.200] This deals with justice and municipal courts,
[57:50.200 --> 57:54.040] but it'll be no less true for any other court,
[57:55.040 --> 58:00.040] and under 45.019, subsection A,
[58:00.040 --> 58:03.360] a complaint is sufficient without regard to its form
[58:03.360 --> 58:07.800] if it substantially satisfies the following requisites.
[58:07.800 --> 58:10.720] Number four of those requisites reads,
[58:10.720 --> 58:14.160] it must show that the accused has committed an offense
[58:14.160 --> 58:17.240] against the law of this state,
[58:17.240 --> 58:20.000] or state that the Appian has good reason to believe
[58:20.000 --> 58:22.760] and does believe that the accused has committed an offense
[58:22.760 --> 58:26.000] against the law of this state.
[58:26.000 --> 58:28.000] All right, that's what I'm only gonna set up at
[58:28.000 --> 58:29.000] when we get back, Randy.
[58:29.000 --> 58:31.960] We can talk about that if you remember over the break,
[58:31.960 --> 58:33.320] and then we'll get into it.
[58:33.320 --> 58:36.880] I'll try to remember that long.
[58:37.880 --> 58:39.000] Sometimes I'm able to.
[58:39.000 --> 58:42.920] This is Randy Caron, 80 Craig, rules our radio.
[58:42.920 --> 58:45.800] We have the phones off for the moment.
[58:45.800 --> 58:47.360] Once we're through with this, we'll turn it back on.
[58:47.360 --> 58:48.520] We'll be right back.
[58:48.520 --> 58:53.880] By the end of this afternoon, I'd like to send out
[58:53.880 --> 59:13.560] the top ten defendants of this episode.
[59:43.560 --> 01:00:02.760] You're listening to the Logos Radio Network at thelogosradionetwork.com.
[01:00:02.760 --> 01:00:07.640] The following news flash is brought to you by the Lone Star Blowdown, providing your
[01:00:07.640 --> 01:00:10.520] deli bulletins for the commodity market.
[01:00:10.520 --> 01:00:23.240] Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:23.240 --> 01:00:28.960] Markets for Wednesday, the 27th of January, 2016 opened up with gold at $1,120 an ounce,
[01:00:28.960 --> 01:00:35.960] silver at $14.48 an ounce, Texas crude at $31.45 a barrel, and bitcoins currently sitting
[01:00:35.960 --> 01:00:44.080] at about $395 U.S. currency.
[01:00:44.080 --> 01:00:50.320] Today in history, 30th of January, 1825, the U.S. Congress approves Indian territory in
[01:00:50.320 --> 01:00:55.000] what is present-day Oklahoma, and has cleared the way for the forced relocation of eastern
[01:00:55.000 --> 01:01:01.480] Indians known as the Trail of Tears.
[01:01:01.480 --> 01:01:05.300] In recent news, the Vatican announced over the weekend that Pope Francis will be visiting
[01:01:05.300 --> 01:01:10.600] Sweden later this year to mark the 500th anniversary of Martin Luther's writing and posting of
[01:01:10.600 --> 01:01:16.520] the 95 Theses on the front doors of All Saints Church in Wittenberg, Germany, October 31,
[01:01:16.520 --> 01:01:17.520] 1517.
[01:01:17.520 --> 01:01:21.520] Amongst other points, Luther primarily wrote argumentations against the Roman Catholic
[01:01:21.520 --> 01:01:26.680] theology of indulgences, essentially the selling of forgiveness from temporal punishment, from
[01:01:26.680 --> 01:01:30.480] sins for money, a practice still upheld by the Church.
[01:01:30.480 --> 01:01:35.160] On October 31 of this year, Francis is set to be at the southern Swedish city of Lund,
[01:01:35.160 --> 01:01:38.520] where the Lutheran World Federation was founded in 1947.
[01:01:38.520 --> 01:01:42.640] While his predecessors have visited Protestant churches, Francis has come under criticism
[01:01:42.640 --> 01:01:46.800] from traditionalists and conservatives within the Church who accuse him of sending conflicting
[01:01:46.800 --> 01:01:49.760] signals about interfaith relations.
[01:01:49.760 --> 01:01:53.840] Catholic traditionalists have accused Francis of making too many concessions to Lutherans,
[01:01:53.840 --> 01:01:58.440] since both religions will be using Luther's common prayer during the 2017 Reformation
[01:01:58.440 --> 01:02:02.920] Commemoration services being held jointly between the two churches, which they say excessively
[01:02:02.920 --> 01:02:07.840] praise Luther, who was historically condemned as a heretic and excommunicated.
[01:02:07.840 --> 01:02:12.200] Pope Francis has made ecumenism one of the main themes of his papacy, considering he
[01:02:12.200 --> 01:02:16.440] has already visited the Lutheran Church of Rome, the Waldenian Protestant community in
[01:02:16.440 --> 01:02:21.680] northern Italy, Rome's Jewish synagogue, and is soon due to become the first pope to visit
[01:02:21.680 --> 01:02:29.200] Rome's mosque later this year.
[01:02:29.200 --> 01:02:33.400] Marvin Minsky, a pioneer in the field of artificial intelligence at the Massachusetts Institute
[01:02:33.400 --> 01:02:36.480] of Technology, died Sunday at the age of 88.
[01:02:36.480 --> 01:02:39.760] Minsky viewed the brain as a machine whose function can be studied and replicated in
[01:02:39.760 --> 01:02:44.600] the computer, and he considered how machines might be endowed with common sense or artificial
[01:02:44.600 --> 01:02:45.600] intelligence.
[01:02:45.600 --> 01:02:49.920] Daniela Russ, director of MIT's Computer Science and Artificial Intelligence Laboratory, said
[01:02:49.920 --> 01:02:54.400] that Minsky helped create the vision of artificial intelligence as we know it today.
[01:02:54.400 --> 01:03:01.400] This is your lowdown for January 27, 2016.
[01:03:24.400 --> 01:03:46.600] Okay, we are back, Randy Kelton, we're at the Law Radio here with Eddie Craig, and we're
[01:03:46.600 --> 01:03:52.640] talking about the difference between the code and the actual law.
[01:03:52.640 --> 01:03:55.920] You want to pick it up, Eddie?
[01:03:55.920 --> 01:04:01.120] Yeah, the issue here that I'm trying to clarify for the purpose of the argument in this motion
[01:04:01.120 --> 01:04:10.160] is the state's attempt to say that the challenge to constitutionality of SB 971 isn't applicable
[01:04:10.160 --> 01:04:17.920] because the statute is not law and therefore is not subject to those restrictions.
[01:04:17.920 --> 01:04:24.040] Now this puts them in a catch-22 from my perspective of how this would be argued, and the reason
[01:04:24.040 --> 01:04:29.280] for that is because in Texas, the criminal complaint, as I was reading before the break,
[01:04:29.280 --> 01:04:37.560] subsection four of article 45.019A says that the complaint must show that the accused has
[01:04:37.560 --> 01:04:43.520] committed offense and offense against the law of this state.
[01:04:43.520 --> 01:04:49.760] So if the statute that they're using is not the law and they're admitting that it's not
[01:04:49.760 --> 01:04:56.560] the law, then they are admitting that they have knowingly prosecuted people under something
[01:04:56.560 --> 01:04:58.760] that is not law.
[01:04:58.760 --> 01:05:05.640] In other words, they've knowingly committed extortion, fraud, kidnapping, assault, aggravated
[01:05:05.640 --> 01:05:11.640] assault, and murder on its face.
[01:05:11.640 --> 01:05:18.400] Their only other option is to say that it is law, in which case the constitutional provisions
[01:05:18.400 --> 01:05:24.580] I'm arguing invalidate it for being enacted in a manner that is violated of very specific
[01:05:24.580 --> 01:05:28.560] provisions that it can't violate and be law.
[01:05:28.560 --> 01:05:34.520] So either way, they're hosed, and that's my argument, and I want to see if Randy can force
[01:05:34.520 --> 01:05:37.080] me not to stick to it.
[01:05:37.080 --> 01:05:48.640] If the state comes to court and files a document in the court wherein the state takes the position
[01:05:48.640 --> 01:05:53.680] that the code is not law, that's collateral estoppel.
[01:05:53.680 --> 01:06:02.800] They cannot come back later and say, oh yeah, it may not be law, but we can enforce it.
[01:06:02.800 --> 01:06:08.800] I can't see them doing that, if they would open an incredible can of worms.
[01:06:08.800 --> 01:06:15.000] Yeah, at this point I can see the lesser of two evils for them being too treated as if
[01:06:15.000 --> 01:06:21.160] it is law and let it be declared unconstitutional, because at least they would have some sort
[01:06:21.160 --> 01:06:23.760] of coverage for liability.
[01:06:23.760 --> 01:06:28.000] When you look at the way the courts have ruled on this, if an officer acts in good faith
[01:06:28.000 --> 01:06:32.680] under an act that's later declared unconstitutional, he can't be punished for his actions under
[01:06:32.680 --> 01:06:36.680] the act prior to that declaration by a court.
[01:06:36.680 --> 01:06:42.080] I've got a problem with that, at least as far as Texas is concerned, because the Texas
[01:06:42.080 --> 01:06:50.160] Constitution does not set a period, if it's void ab initio, it's void ab initio.
[01:06:50.160 --> 01:06:54.800] Article 1, section 29 says that when an act is done in violation of the Constitution,
[01:06:54.800 --> 01:06:56.280] it is void.
[01:06:56.280 --> 01:07:02.120] It's not voidable, it's not later voidable, it is void.
[01:07:02.120 --> 01:07:08.640] So I don't see how they can refuse to declare it void ab initio and take away that liability
[01:07:08.640 --> 01:07:10.440] from these officers.
[01:07:10.440 --> 01:07:19.000] Because if anything, the courts were absolutely required to understand the legislative intent.
[01:07:19.000 --> 01:07:24.000] And yet for decades now, they've used it in a manner that is completely outside of its
[01:07:24.000 --> 01:07:26.080] stated legislative intent.
[01:07:26.080 --> 01:07:30.960] Because the bill very clearly says in its title that the legislative intent is to create
[01:07:30.960 --> 01:07:38.480] non-substantive recodifications of existing statutes relating to transportation.
[01:07:38.480 --> 01:07:43.920] There's no quibble over the fact that the code itself regulates transportation as its
[01:07:43.920 --> 01:07:49.480] primary subject matter, the governing subject matter.
[01:07:49.480 --> 01:07:56.480] And yet they've treated it as if transportation is irrelevant.
[01:07:56.480 --> 01:08:03.000] I can't see how that could be anything less than intentional.
[01:08:03.000 --> 01:08:14.480] They couldn't, 1925, they couldn't pass laws requiring or restricting you in your right
[01:08:14.480 --> 01:08:17.400] to travel.
[01:08:17.400 --> 01:08:23.120] The only thing they could pass laws concerning was commercial.
[01:08:23.120 --> 01:08:28.080] And I read some articles recently about how all of this came about.
[01:08:28.080 --> 01:08:37.840] And the licensing originally came about because in the 20s, we were just getting trucks that
[01:08:37.840 --> 01:08:46.080] could actually haul products, but they weren't very well constructed and people were kind
[01:08:46.080 --> 01:08:51.800] of jury rigging their own stuff, destroying the roads and killing people all over the
[01:08:51.800 --> 01:08:52.960] place.
[01:08:52.960 --> 01:09:02.920] So they needed a way to get this under control and they passed this commercial code.
[01:09:02.920 --> 01:09:11.440] Sometime in the late 30s and early 40s, they began enforcing this code against everybody
[01:09:11.440 --> 01:09:16.440] and nobody raised a red flag.
[01:09:16.440 --> 01:09:23.320] And so now they had the code to where they could enforce it against everybody, but the
[01:09:23.320 --> 01:09:27.240] whole time it's been illegal.
[01:09:27.240 --> 01:09:38.480] And the problem we have now is they're making so much money doing this that everything is
[01:09:38.480 --> 01:09:39.960] always about the money.
[01:09:39.960 --> 01:09:43.080] The fight will be horrendous.
[01:09:43.080 --> 01:09:48.880] They're going to fight tooth and nail to save all of this unauthorized tax they've been
[01:09:48.880 --> 01:09:52.040] collecting.
[01:09:52.040 --> 01:10:03.000] So how do we structure this so that if we get a ruling against us, if you get a ruling
[01:10:03.000 --> 01:10:10.040] that says, oh yeah, this applies, that that ruling can be taken and used in a way to disrupt
[01:10:10.040 --> 01:10:14.480] the entire system?
[01:10:14.480 --> 01:10:21.760] Well again, in reference to this case, I am using the United States Supreme Court's rules
[01:10:21.760 --> 01:10:27.040] of constitutional and statutory interpretation against the state.
[01:10:27.040 --> 01:10:30.840] Because if it winds up in the United States Supreme Court, that's who they're going to
[01:10:30.840 --> 01:10:31.840] play by anyway.
[01:10:31.840 --> 01:10:41.280] Well, this should go to Fed anyway, because it's a due process violation, federal due
[01:10:41.280 --> 01:10:42.560] process violation.
[01:10:42.560 --> 01:10:43.560] True.
[01:10:43.560 --> 01:10:46.800] And there is something interesting I have found of late too.
[01:10:46.800 --> 01:10:53.200] It turns out that in July of last year, the Texas Supreme Court may finally have judges
[01:10:53.200 --> 01:10:59.520] on it that actually bother to read what's written in the law for a change.
[01:10:59.520 --> 01:11:04.080] And this was an occupational licensing case.
[01:11:04.080 --> 01:11:07.920] It dealt with the eyebrow threading here in Texas.
[01:11:07.920 --> 01:11:12.600] They made the cosmetologists and everybody else, the beauticians, they were raising all
[01:11:12.600 --> 01:11:16.880] kinds of stake about the eyebrow threaders.
[01:11:16.880 --> 01:11:23.200] And the legislature was trying to force them into acquiring a cosmetology license, which
[01:11:23.200 --> 01:11:25.720] is 300 hours of training.
[01:11:25.720 --> 01:11:32.080] Plus, they had to have a facility of X number of square feet and such capacity and blah,
[01:11:32.080 --> 01:11:38.880] blah, blah, when in fact an eyebrow threader, not one minute of that 300 hours dealt with
[01:11:38.880 --> 01:11:41.160] the occupation.
[01:11:41.160 --> 01:11:45.520] Not one inch of square footage is required for them to do it, because they can go to
[01:11:45.520 --> 01:11:48.280] someone's home and do it.
[01:11:48.280 --> 01:11:52.760] So all these requirements they were forcing on this occupation, the Texas Supreme Court
[01:11:52.760 --> 01:11:55.320] said, uh-uh, it's ridiculous.
[01:11:55.320 --> 01:11:58.200] You guys are getting way outside of your bounds.
[01:11:58.200 --> 01:12:04.160] You're using established businesses to suppress new businesses to keep their profit margins
[01:12:04.160 --> 01:12:05.160] higher.
[01:12:05.160 --> 01:12:06.920] Not going to happen.
[01:12:06.920 --> 01:12:12.000] But the part I found interesting about this occupational licensing case was the court's
[01:12:12.000 --> 01:12:17.560] opening discussion on the needs for these licenses.
[01:12:17.560 --> 01:12:23.440] One of the discussionary paragraphs contains a reference to, you need a medical license
[01:12:23.440 --> 01:12:26.440] to practice law in Texas.
[01:12:26.440 --> 01:12:35.660] And then they go into, and you need a driver's license to zoom down I-130 outside of Austin.
[01:12:35.660 --> 01:12:42.240] Now why would the Texas Supreme Court make reference to driver's licenses in a case that
[01:12:42.240 --> 01:12:50.520] is 100% about occupational licensing, and at the same time do so in conjunction with
[01:12:50.520 --> 01:12:54.920] a specific occupation license, which is the medical?
[01:12:54.920 --> 01:12:58.160] Well, there's only one reason.
[01:12:58.160 --> 01:13:04.240] Because the driver's license itself is the licensing of an occupation as well.
[01:13:04.240 --> 01:13:08.960] It's not there to make conversation, it's there to make a point.
[01:13:08.960 --> 01:13:15.720] Well, that's been, it's really clear in law.
[01:13:15.720 --> 01:13:16.920] Oh yeah.
[01:13:16.920 --> 01:13:18.120] No argument there.
[01:13:18.120 --> 01:13:22.560] It's just not clear in the money-grubbing little cockroach courts that want to steal
[01:13:22.560 --> 01:13:30.000] rather than follow the law.
[01:13:30.000 --> 01:13:39.880] So how do we construct a case so that the question we ask is such that if we get a ruling
[01:13:39.880 --> 01:13:44.120] against us, it undermines the corpus truus.
[01:13:44.120 --> 01:13:52.040] That's the only way we'd get a ruling in our favor, if Chester lawyers can take the ruling
[01:13:52.040 --> 01:13:59.080] and use it in other places that will be more destabilizing than forcing the legislature
[01:13:59.080 --> 01:14:02.360] to write new laws for travel.
[01:14:02.360 --> 01:14:12.480] We can't license travel, but we can regulate in some ways how people travel.
[01:14:12.480 --> 01:14:19.760] Well, we can regulate the movement, like signage and lights and things like that at intersections
[01:14:19.760 --> 01:14:20.920] for the public safety.
[01:14:20.920 --> 01:14:22.800] That they can do.
[01:14:22.800 --> 01:14:30.160] But one of the arguments I'm making in this is straight up, the argument by the state
[01:14:30.160 --> 01:14:35.960] that licensing in Texas relates to public safety is an absolute joke.
[01:14:35.960 --> 01:14:38.800] It's a complete joke.
[01:14:38.800 --> 01:14:45.040] When you look at all the licenses that are issued, you will find that only those that
[01:14:45.040 --> 01:14:51.160] are going into the specific occupational side of that, as far as they're trying to tell
[01:14:51.160 --> 01:14:56.880] us you need one over here and one over there, they're different, but they're not, everyone
[01:14:56.880 --> 01:15:03.400] that goes into an occupation, truck driver, shuttle bus driver, school bus driver, taxi
[01:15:03.400 --> 01:15:13.440] cab driver, all of those people must have specific hands-on training to go into that
[01:15:13.440 --> 01:15:15.400] job.
[01:15:15.400 --> 01:15:23.080] Yet anyone else applying for a license does not require one second's worth of training.
[01:15:23.080 --> 01:15:28.840] All they have to do is walk in, take the written test, take the driving test.
[01:15:28.840 --> 01:15:33.520] If they pass them both, they get a license as long as they pay.
[01:15:33.520 --> 01:15:38.480] There's no other qualification to train them in.
[01:15:38.480 --> 01:15:42.240] My license is a chauffeur's license.
[01:15:42.240 --> 01:15:44.280] Really?
[01:15:44.280 --> 01:15:48.880] How would you have gotten a chauffeur's license when chauffeur's licenses don't exist in the
[01:15:48.880 --> 01:15:49.880] recodification?
[01:15:49.880 --> 01:15:56.040] Well, it's considered a chauffeur's license in that it authorizes me to carry I think
[01:15:56.040 --> 01:15:59.120] up to eight people for pay.
[01:15:59.120 --> 01:16:06.880] Yeah, but see, that's another one of the issues between the recodification and the Vernon's,
[01:16:06.880 --> 01:16:10.160] and which is the part you read relating to the licensing.
[01:16:10.160 --> 01:16:17.160] In relation to a license, the original Vernon's recognized only three forms of license, operators,
[01:16:17.160 --> 01:16:19.280] commercial operators, and chauffeurs.
[01:16:19.280 --> 01:16:22.680] All of them were occupational, all of them.
[01:16:22.680 --> 01:16:27.560] Now, the new code doesn't mention those licenses at all.
[01:16:27.560 --> 01:16:28.640] It never did.
[01:16:28.640 --> 01:16:32.960] They were not in the original SB 971, and they're not in any of the amended side of
[01:16:32.960 --> 01:16:33.960] it.
[01:16:33.960 --> 01:16:36.920] But I'll finish talking about that when we get back after this break.
[01:16:36.920 --> 01:16:38.920] All right, folks.
[01:16:38.920 --> 01:16:40.880] Go ahead, Randy.
[01:16:40.880 --> 01:16:50.720] Randy Kelton, Eddie Craig, make sure you go to Logos Radio Network and buy everything
[01:16:50.720 --> 01:16:51.720] on there.
[01:16:51.720 --> 01:16:52.720] That's all the help we can get.
[01:16:52.720 --> 01:16:57.280] And if you do buy one of those products, your name goes in the hat for the gun door.
[01:16:57.280 --> 01:17:00.320] So have a look at the gun.
[01:17:00.320 --> 01:17:05.000] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:19.240 --> 01:17:20.920] civil rights statutes.
[01:17:20.920 --> 01:17:25.640] What to do when contacted by phone, mail, or court summons, how to answer letters and
[01:17:25.640 --> 01:17:30.080] phone calls, how to get debt collectors out of your credit report, how to turn the financial
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[01:17:38.960 --> 01:17:40.880] Personal consultation is available as well.
[01:17:40.880 --> 01:17:46.640] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.640 --> 01:17:49.640] or email michaelmears at yahoo.com.
[01:17:49.640 --> 01:17:58.640] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[01:17:58.640 --> 01:17:59.640] collectors now.
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[01:19:02.480 --> 01:19:17.920] This is the Logos Radio Network.
[01:19:17.920 --> 01:19:41.720] All right, folks, welcome back.
[01:19:41.720 --> 01:19:43.080] This is Rule of Law Radio.
[01:19:43.080 --> 01:19:44.440] Yes, it is Eddie Craig.
[01:19:44.440 --> 01:19:46.960] I am coming on tonight for a while with Randy.
[01:19:46.960 --> 01:19:53.040] I ran into some issues that I needed to discuss openly, and he is the sounding board I have
[01:19:53.040 --> 01:19:54.960] chosen for that.
[01:19:54.960 --> 01:19:58.960] We need to tighten the strings a little bit here lately, but we'll get with that later.
[01:19:58.960 --> 01:20:03.000] In the meantime, there is something, as you know, we're doing the fundraiser and we're
[01:20:03.000 --> 01:20:07.240] trying to get money together for both the network and for the lawsuit and everything
[01:20:07.240 --> 01:20:08.240] else.
[01:20:08.240 --> 01:20:13.460] And as Tommy said earlier when he was on, the information we provide has value.
[01:20:13.460 --> 01:20:15.000] It had value to him.
[01:20:15.000 --> 01:20:20.760] It's had value to many, many others that have used what we provide to save themselves from
[01:20:20.760 --> 01:20:25.320] a situation they otherwise would have lost, whatever they would have lost in.
[01:20:25.320 --> 01:20:30.600] But regardless of what that amount might have been, please consider the following.
[01:20:30.600 --> 01:20:35.920] If you get into a situation where the information that we provide you saves you in that situation
[01:20:35.920 --> 01:20:40.640] all the money that it would have otherwise cost you to have to face it alone without
[01:20:40.640 --> 01:20:46.080] us, how about considering how much that would have cost you?
[01:20:46.080 --> 01:20:55.080] And please put at least some of that into this network, because we really do need your
[01:20:55.080 --> 01:20:56.760] support to stay going.
[01:20:56.760 --> 01:21:00.520] Everything here is user-funded, everything, including us.
[01:21:00.520 --> 01:21:03.560] Nobody here draws a paycheck for this, all right?
[01:21:03.560 --> 01:21:08.120] We survive, even though all the time we spend is pretty much doing research, helping with
[01:21:08.120 --> 01:21:14.280] cases and things like that, we survive on either what we can do hourly to help people,
[01:21:14.280 --> 01:21:17.840] which we don't charge a lot for that, and definitely not what a lawyer would charge
[01:21:17.840 --> 01:21:18.840] for that.
[01:21:18.840 --> 01:21:23.920] And it comes few and far between, because we know how money's tight for everybody.
[01:21:23.920 --> 01:21:29.800] But what we get is what keeps us going, and without it, we're done.
[01:21:29.800 --> 01:21:34.880] We don't have the kind of sponsorships it takes, like Alex has, and we don't peddle
[01:21:34.880 --> 01:21:38.800] a lot of things on this show like everybody else out there does.
[01:21:38.800 --> 01:21:42.800] We're not constantly harping on you to buy everything.
[01:21:42.800 --> 01:21:46.600] But on times when the funds are short and the needs are great, we don't have a whole
[01:21:46.600 --> 01:21:48.400] lot of choice.
[01:21:48.400 --> 01:21:56.040] We survive because of you guys, just like you fight because of us.
[01:21:56.040 --> 01:22:00.640] So think of that in a sense of value, and please treat us accordingly.
[01:22:00.640 --> 01:22:01.640] We really could use it.
[01:22:01.640 --> 01:22:04.640] All right, Randy, you got anything you want to add to that?
[01:22:04.640 --> 01:22:10.880] Well, just one complaint, you didn't mention Randy's beer farm.
[01:22:10.880 --> 01:22:15.120] If they want to give you a beer, let them come up to Dallas and buy you one.
[01:22:15.120 --> 01:22:18.400] Just think how much more coherent I would be.
[01:22:18.400 --> 01:22:27.840] In truth, we take money out of our own pockets and put into this show to keep it going.
[01:22:27.840 --> 01:22:33.840] It's of value to me to be here, and I hope it's of value to you.
[01:22:33.840 --> 01:22:37.120] I hope that what we're producing is of value.
[01:22:37.120 --> 01:22:44.880] We sit here and we speak into this microphone, and we can't see who we're talking to.
[01:22:44.880 --> 01:22:51.600] So we don't get much feedback, and the best feedback we could get is some funds to help
[01:22:51.600 --> 01:22:53.280] keep the show going.
[01:22:53.280 --> 01:22:57.480] It lets us know that our efforts aren't wasted.
[01:22:57.480 --> 01:23:04.280] Okay, enough of that, back to the traffic code.
[01:23:04.280 --> 01:23:07.160] Okay, where were we?
[01:23:07.160 --> 01:23:10.600] Well, we were discussing how this would be useful.
[01:23:10.600 --> 01:23:16.520] The information itself would be useful as to what this statute of argument over is it
[01:23:16.520 --> 01:23:19.360] law or isn't it law, what's it going to do for us?
[01:23:19.360 --> 01:23:24.560] And like I say, from my perspective, it puts them in a catch-22, but you were about to
[01:23:24.560 --> 01:23:29.160] tell us some of the ways you think this would be useful in setting up an argument where
[01:23:29.160 --> 01:23:32.920] we could really screw them over if they tried that.
[01:23:32.920 --> 01:23:36.480] Yeah, everything's about the money.
[01:23:36.480 --> 01:23:37.840] It's always about the money.
[01:23:37.840 --> 01:23:43.160] One of the things that I keep saying, you'll never win your case simply because you have
[01:23:43.160 --> 01:23:44.640] the law and the facts on your side.
[01:23:44.640 --> 01:23:49.240] Forget that nonsense, that you'll only win your case if you have the politics on your
[01:23:49.240 --> 01:23:53.960] side and politics is always driven by money.
[01:23:53.960 --> 01:24:01.240] So the only way, this is a major, there would be a ruling that would change everything for
[01:24:01.240 --> 01:24:05.880] every county, every municipality in the state of Texas.
[01:24:05.880 --> 01:24:14.040] The enforcement of the traffic law is a major revenue source and these guys do not want
[01:24:14.040 --> 01:24:15.960] to lose this revenue source.
[01:24:15.960 --> 01:24:20.880] Yeah, not only is it a revenue source through all the stuff they make you pay for, the licensing
[01:24:20.880 --> 01:24:29.800] and all that, but also the court costs, fines, fees, but it is their gateway to civil asset
[01:24:29.800 --> 01:24:31.480] forfeiture too.
[01:24:31.480 --> 01:24:37.680] They use the traffic code to fabricate probable cause to make a traffic stop upon the public
[01:24:37.680 --> 01:24:41.960] just so they can search your car for cash and everything else.
[01:24:41.960 --> 01:24:45.240] If we win this, that goes away.
[01:24:45.240 --> 01:24:49.720] That's an even bigger bite out of their financial enchilada.
[01:24:49.720 --> 01:24:59.600] So in order to be able to get a ruling in our favor, we have to find a way to cost them
[01:24:59.600 --> 01:25:10.440] more money ruling against us because they rule against us, we're going to appeal.
[01:25:10.440 --> 01:25:15.280] And then when we get to the appellate court, if the appellate court rules against us, we
[01:25:15.280 --> 01:25:23.400] need a ruling that if they give the ruling against us, other lawyers can take that ruling
[01:25:23.400 --> 01:25:30.800] and use it in ways that will do more harm than eliminating the traffic code or eliminating
[01:25:30.800 --> 01:25:36.200] the application of the commercial traffic code to the public.
[01:25:36.200 --> 01:25:41.280] So how do we structure our claims?
[01:25:41.280 --> 01:25:49.800] What other laws can we use our argument to undermine?
[01:25:49.800 --> 01:25:50.800] This will take some digging.
[01:25:50.800 --> 01:25:58.640] I'm sure it'll take a little creative thinking, but we always have to consider the money.
[01:25:58.640 --> 01:26:06.360] We can't consider, we have to use the law as the way to get in the door, but in the
[01:26:06.360 --> 01:26:09.280] end it's about money.
[01:26:09.280 --> 01:26:20.040] So where does more money move or who do we, where can we take some money out of somebody's
[01:26:20.040 --> 01:26:32.160] pet projects by taking a ruling that we get here and say that says that they can enforce
[01:26:32.160 --> 01:26:34.480] these unconstitutional laws.
[01:26:34.480 --> 01:26:44.480] This is kind of a difficult spot because if a law is unconstitutional, then it's not enforceable.
[01:26:44.480 --> 01:26:53.680] So what other laws do we have that politicians hate and would like to be rid of?
[01:26:53.680 --> 01:26:58.520] Well the way I'm looking at this, if this is how they recodified the transportation
[01:26:58.520 --> 01:27:04.520] code from Vernon's, this is how they recodified every code from Vernon's.
[01:27:04.520 --> 01:27:08.600] And here's why I figure that's going to be a huge problem for them.
[01:27:08.600 --> 01:27:12.800] Let's look at the way that the legislative process has to work.
[01:27:12.800 --> 01:27:17.880] If they took and recodified Vernon's into the new code, what does that tell us about
[01:27:17.880 --> 01:27:20.960] the existence of Vernon's as a reference?
[01:27:20.960 --> 01:27:26.240] Wait a minute, I didn't understand that question.
[01:27:26.240 --> 01:27:28.440] Okay, they took Vernon's.
[01:27:28.440 --> 01:27:34.160] They rewrote Vernon's and made it into a single code, everything on that particular subject.
[01:27:34.160 --> 01:27:39.280] They took all of the transportation stuff from Vernon's, renumbered, reorganized, reworded
[01:27:39.280 --> 01:27:47.440] and relinked everything within a single code relating to transportation, okay?
[01:27:47.440 --> 01:27:50.760] And they did that through SB 971.
[01:27:50.760 --> 01:28:00.200] So once they recodified it from Vernon's, what happens to referencing Vernon's?
[01:28:00.200 --> 01:28:01.880] For as I can tell, nothing.
[01:28:01.880 --> 01:28:03.720] They mean nothing.
[01:28:03.720 --> 01:28:09.440] If they recodified it in the new code, they can't go back to Vernon's.
[01:28:09.440 --> 01:28:12.880] Well Vernon's is not code, it's law.
[01:28:12.880 --> 01:28:14.640] Well is it or isn't it?
[01:28:14.640 --> 01:28:16.280] I'm sorry, Vernon's is code.
[01:28:16.280 --> 01:28:17.280] Right.
[01:28:17.280 --> 01:28:19.320] Vernon's is not the public law.
[01:28:19.320 --> 01:28:20.480] Correct.
[01:28:20.480 --> 01:28:26.640] So the question becomes, what statutes are they now going to rely on when we get these
[01:28:26.640 --> 01:28:28.280] declared unconstitutional?
[01:28:28.280 --> 01:28:29.520] There won't be a code.
[01:28:29.520 --> 01:28:34.600] They can't fall back on Vernon's because they superseded and repealed Vernon's when they
[01:28:34.600 --> 01:28:37.360] reenacted it under this new code.
[01:28:37.360 --> 01:28:40.000] So they can't fall back on Vernon's.
[01:28:40.000 --> 01:28:46.640] The only thing they can fall back on is the actual underlying law that the codes themselves
[01:28:46.640 --> 01:28:49.200] didn't change.
[01:28:49.200 --> 01:28:55.280] They would have to go back to 1925 law itself and use that.
[01:28:55.280 --> 01:28:59.480] That's all they would have because we just nullified the codes.
[01:28:59.480 --> 01:29:04.720] Have to recodify, recodify in accordance with the code.
[01:29:04.720 --> 01:29:08.360] In accordance with the Constitution to create the code, yes, because they would need to
[01:29:08.360 --> 01:29:11.840] do the recodification via a bill.
[01:29:11.840 --> 01:29:13.880] I said that wrong.
[01:29:13.880 --> 01:29:18.760] Recodify in accordance with the underlying law.
[01:29:18.760 --> 01:29:19.760] Correct.
[01:29:19.760 --> 01:29:20.760] Public law.
[01:29:20.760 --> 01:29:21.760] Go ahead.
[01:29:21.760 --> 01:29:32.200] Is Vernon's considered to be an accurate codification of the underlying law?
[01:29:32.200 --> 01:29:39.560] The ones that have the certification from the secretary of state are, but like I say,
[01:29:39.560 --> 01:29:43.200] those were codes and they were superseded by the recodification.
[01:29:43.200 --> 01:29:47.480] They were automatically repealed when they put in the new stuff.
[01:29:47.480 --> 01:29:51.640] They would have had to have been, or we could still be using them both, right?
[01:29:51.640 --> 01:29:56.760] Yeah, and I don't see how we can... All right, folks, y'all hang on and we'll be
[01:29:56.760 --> 01:29:59.560] right back to pick this up.
[01:29:59.560 --> 01:30:04.040] Attention foreign language students.
[01:30:04.040 --> 01:30:07.040] Get the books and get out those dictionaries.
[01:30:07.040 --> 01:30:09.840] There's major good news about learning a second language.
[01:30:09.840 --> 01:30:16.680] I'm Dr. Catherine Albrecht, back to tell you about a new study on bilingualism after this.
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[01:31:20.600 --> 01:31:24.000] Huh, maybe it's time to brush up on that French, Nespa.
[01:31:24.000 --> 01:31:31.440] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.440 --> 01:31:36.800] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.800 --> 01:31:39.200] The government says that fire brought it down.
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[01:31:46.720 --> 01:31:49.320] Thousands of my fellow first responders are dying.
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[01:32:59.160 --> 01:33:06.160] May not actually be kidding about chemtrails.
[01:33:29.160 --> 01:33:35.840] Okay.
[01:33:35.840 --> 01:33:36.840] We are back.
[01:33:36.840 --> 01:33:44.640] Randy Kelton, Eddie Craig, and we kind of started this in the middle.
[01:33:44.640 --> 01:33:51.120] If you don't listen to Eddie's show regularly, then you might not know precisely what Eddie's
[01:33:51.120 --> 01:33:52.120] talking about.
[01:33:52.120 --> 01:33:59.640] Eddie, can you explain why you're saying all of these codes are improper, what the legislature
[01:33:59.640 --> 01:34:02.360] did to create this problem?
[01:34:02.360 --> 01:34:08.440] Well, the Texas Constitution under Article III, sections 29 through 38, contained very
[01:34:08.440 --> 01:34:15.640] specific criteria for how public law in Texas must be made, who can make it, and every step
[01:34:15.640 --> 01:34:18.120] they have to go through to make it.
[01:34:18.120 --> 01:34:25.640] Now, two of those steps absolutely require that the bill be read on the floor of each
[01:34:25.640 --> 01:34:32.520] house of the legislature and that open discussion be held on that bill, and these two things
[01:34:32.520 --> 01:34:34.840] have to be done over three several days.
[01:34:34.840 --> 01:34:40.960] Now, if you understand what that means, it means that the total time spent discussing
[01:34:40.960 --> 01:34:46.360] and reading the bill must be at least three complete days.
[01:34:46.360 --> 01:34:54.000] And this is any bill, or the bill can be short enough to fit within that three several days.
[01:34:54.000 --> 01:34:55.000] All right?
[01:34:55.000 --> 01:35:00.720] But if the bill's longer, they have to get through it in three several days.
[01:35:00.720 --> 01:35:06.040] The original bill, when it went through, was over 4,100 pages long.
[01:35:06.040 --> 01:35:10.000] The output bill was over 2,100 pages long.
[01:35:10.000 --> 01:35:19.040] Now, the question here is, is could they read between 7 and 1,300 plus pages per day for
[01:35:19.040 --> 01:35:20.720] three several days?
[01:35:20.720 --> 01:35:22.520] I don't think they could.
[01:35:22.520 --> 01:35:25.160] In fact, they didn't even try.
[01:35:25.160 --> 01:35:31.260] In the bill itself, they put in an emergency clause that said they were suspending the
[01:35:31.260 --> 01:35:33.960] reading on the floor of each house.
[01:35:33.960 --> 01:35:39.360] The emergency clause they used violates the Texas Constitution.
[01:35:39.360 --> 01:35:44.480] The suspension that they did violates the Texas Constitution.
[01:35:44.480 --> 01:35:51.000] They did not do anything to suspend this in compliance with Article III, Section 62, which
[01:35:51.000 --> 01:35:58.080] is the only section dealing with suspension of procedural rules, at least at that time.
[01:35:58.080 --> 01:36:03.840] The only one that exists in addition to that now is a second clause that was added to Article
[01:36:03.840 --> 01:36:14.000] III, Section 32, turning the majority vote from a majority, 50.01%, into a four-fifths
[01:36:14.000 --> 01:36:18.280] majority in order to get that suspension.
[01:36:18.280 --> 01:36:24.240] But in either case, the bill was improperly suspended in its reading on the floor of each
[01:36:24.240 --> 01:36:30.520] house, thus making it unconstitutional because another provision of Article III, Section
[01:36:30.520 --> 01:36:39.720] 32, says that no bill shall have the force of law unless those things have been done.
[01:36:39.720 --> 01:36:47.640] So SB 971 is the bill that recodified the Vernon's annotated civil statutes dealing
[01:36:47.640 --> 01:36:55.040] with transportation into the existing transportation code, which has been constantly amended ever
[01:36:55.040 --> 01:37:02.080] since, and those amendments created a secondary violation in addition to the unconstitutional
[01:37:02.080 --> 01:37:09.720] passing and that is amending the original purpose of the underlying law through recodification
[01:37:09.720 --> 01:37:12.760] and rewriting of the statutes themselves.
[01:37:12.760 --> 01:37:18.760] For instance, one of the definitions that was in existence back in 2011, when I did
[01:37:18.760 --> 01:37:24.760] my Infowars presentation, very clearly stated that the vehicle that was being defined was
[01:37:24.760 --> 01:37:27.240] used for commercial purposes.
[01:37:27.240 --> 01:37:34.920] The new version of that that was redone in 2013 took out the words commercial.
[01:37:34.920 --> 01:37:41.200] They are slowly but surely attempting to amend the verbiage to take away the implication
[01:37:41.200 --> 01:37:50.480] of commercial activity from a code whose underlying law deals only with commercial activity.
[01:37:50.480 --> 01:37:56.600] So there is no way on God's green earth that this could ever be considered constitutional
[01:37:56.600 --> 01:38:00.600] under the Texas Constitution, but they're trying to keep it in place and treat it as
[01:38:00.600 --> 01:38:02.040] if it is.
[01:38:02.040 --> 01:38:06.960] And the lower courts are adamant about making sure it stays there, even to the point of
[01:38:06.960 --> 01:38:11.760] violating your due process rights at every single turn to prevent this information from
[01:38:11.760 --> 01:38:14.040] being made public.
[01:38:14.040 --> 01:38:16.760] So that's where we're at.
[01:38:16.760 --> 01:38:26.560] So what is the emergency suspension statute that you say is unconstitutional?
[01:38:26.560 --> 01:38:27.560] It's not a statute.
[01:38:27.560 --> 01:38:31.320] It's the actual verbiage they used in the bill itself.
[01:38:31.320 --> 01:38:37.400] And in that bill, the verbiage essentially reads, due to the crowded conditions of the
[01:38:37.400 --> 01:38:45.480] calendar of each house creating, and the importance of this legislation, creates an emergency,
[01:38:45.480 --> 01:38:51.360] an imperative public necessity that the rule on the reading of a bill on the floor of each
[01:38:51.360 --> 01:38:55.840] house be suspended, and it is so suspended.
[01:38:55.840 --> 01:39:03.520] Well, the problem is Article 3, Section 62 of the Texas Constitution says there is only
[01:39:03.520 --> 01:39:11.960] one way to declare an emergency clause for any bill other than an appropriations bill,
[01:39:11.960 --> 01:39:14.640] which is handled under 49A.
[01:39:14.640 --> 01:39:21.240] And under Section 62, the emergency can only exist under several conditions, the first
[01:39:21.240 --> 01:39:28.480] and foremost of which is the emergency must be the result of disasters related to enemy
[01:39:28.480 --> 01:39:29.840] attack.
[01:39:29.840 --> 01:39:37.760] Then it goes on to say that in order to suspend the procedural rules, including Article 3,
[01:39:37.760 --> 01:39:47.600] Section 32, the governor must sign a written proclamation, the chairman of each house has
[01:39:47.600 --> 01:39:51.480] to concur by signing that proclamation.
[01:39:51.480 --> 01:39:59.720] And then there has to be a vote by the legislature of a majority, four-fifths, in order to suspend
[01:39:59.720 --> 01:40:04.720] the clauses under that emergency declaration.
[01:40:04.720 --> 01:40:05.880] None of that happened.
[01:40:05.880 --> 01:40:11.000] In 1995, Texas was not being attacked or invaded by anyone.
[01:40:11.000 --> 01:40:17.560] There's no news articles, no news period that we were under attack in 1995 when this emergency
[01:40:17.560 --> 01:40:18.560] took place.
[01:40:18.560 --> 01:40:25.400] A crowded calendar condition for the houses of the legislature is not a valid commercial
[01:40:25.400 --> 01:40:31.880] or the constitutional emergency clause in any way, shape, or form.
[01:40:31.880 --> 01:40:42.800] So is that particular law still in place or has it been superseded?
[01:40:42.800 --> 01:40:46.880] When you say that law, are we talking about SB 971, the transportation code?
[01:40:46.880 --> 01:40:56.000] No, I'm talking about the law that allowed them to suspend the three-day rule that was
[01:40:56.000 --> 01:40:57.000] in effect in 1995.
[01:40:57.000 --> 01:41:03.080] No, in 1995, the four-fifths majority vote amendment had not been put in.
[01:41:03.080 --> 01:41:06.520] That was put in in 1999.
[01:41:06.520 --> 01:41:15.040] Until 1999, the only thing for suspending any procedural rule was 49A in relation to
[01:41:15.040 --> 01:41:19.720] appropriations bills, the rule could be suspended by four-fifths vote.
[01:41:19.720 --> 01:41:24.640] Now you've got a four-fifths vote relating to the suspension of any bill.
[01:41:24.640 --> 01:41:32.120] But the only clause in the entire thing other than 49A that says anything about an emergency
[01:41:32.120 --> 01:41:36.840] relating to suspension rules is section 62 of Article 3.
[01:41:36.840 --> 01:41:42.600] And everything in that is absolutely crystal clear as to what the requirements are for
[01:41:42.600 --> 01:41:44.840] that emergency to exist.
[01:41:44.840 --> 01:41:52.480] Because it says specifically that if a state of emergency such as that described by subsection
[01:41:52.480 --> 01:42:00.240] A, then the rules mentioned in subsection B, which point to the rules up in 29 through
[01:42:00.240 --> 01:42:03.480] 38, can be suspended.
[01:42:03.480 --> 01:42:05.480] What does 49 say?
[01:42:05.480 --> 01:42:12.160] 49A basically has exactly the language of the emergency clause in question.
[01:42:12.160 --> 01:42:20.520] It deals with imperative public necessity and the state of emergency relating to that
[01:42:20.520 --> 01:42:22.000] public necessity.
[01:42:22.000 --> 01:42:28.400] That is what's there for a fiscal bill, an appropriations bill.
[01:42:28.400 --> 01:42:32.000] But SB 971 is not an appropriations bill.
[01:42:32.000 --> 01:42:36.400] So it can't use the appropriations emergency clause to suspend.
[01:42:36.400 --> 01:42:37.880] That's what I was looking for.
[01:42:37.880 --> 01:42:38.880] And then they have another problem.
[01:42:38.880 --> 01:42:43.960] If they try to argue that it is appropriations, then it still fails because all appropriations
[01:42:43.960 --> 01:42:46.520] bills have to originate in the House.
[01:42:46.520 --> 01:42:50.000] It would have had to be an HB 971.
[01:42:50.000 --> 01:42:51.000] It's not.
[01:42:51.000 --> 01:42:53.160] It's not an originate bill.
[01:42:53.160 --> 01:42:57.680] So it fails muster at every constitutional juncture.
[01:42:57.680 --> 01:42:59.280] Wonderful.
[01:42:59.280 --> 01:43:05.200] So that one is still in place.
[01:43:05.200 --> 01:43:07.040] They're all still in place.
[01:43:07.040 --> 01:43:16.760] So an attack on that one to get it ruled unconstitutional in its application.
[01:43:16.760 --> 01:43:18.400] In its entire existence.
[01:43:18.400 --> 01:43:21.320] In its entire existence.
[01:43:21.320 --> 01:43:29.520] Then it would render any statute passed in accordance with that void as a matter of law,
[01:43:29.520 --> 01:43:31.760] if we could get that ruling.
[01:43:31.760 --> 01:43:32.840] Correct.
[01:43:32.840 --> 01:43:38.040] But that might be harder to get rid of than the transportation code because that will
[01:43:38.040 --> 01:43:40.560] flush a lot of law.
[01:43:40.560 --> 01:43:41.560] Yeah.
[01:43:41.560 --> 01:43:47.480] Well, if every recodification of every code in Texas is done with the same emergency clause,
[01:43:47.480 --> 01:43:50.800] they're going to have that problem across the board.
[01:43:50.800 --> 01:43:54.280] And I think they're going to see that one coming once this argument gets out there.
[01:43:54.280 --> 01:43:55.280] All right, folks.
[01:43:55.280 --> 01:44:00.280] We'll be right back.
[01:44:00.280 --> 01:44:03.840] You feel tired when talking about important topics like money and politics?
[01:44:03.840 --> 01:44:04.840] Sorry.
[01:44:04.840 --> 01:44:07.720] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.720 --> 01:44:08.720] What?
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[01:46:29.600 --> 01:46:30.600] Okay, we are back.
[01:46:30.600 --> 01:46:40.880] Miranda Kelton, Eddie Craig, Rule of Law Radio, and we're talking about the unconstitutionality
[01:46:40.880 --> 01:46:48.680] of the way that the legislature is currently passing bills through the house, all apparently
[01:46:48.680 --> 01:46:56.720] under emergency provisions that do not comport with constitution.
[01:46:56.720 --> 01:47:07.800] So we're looking for a way to get a wedge in there so we can, and the likelihood of
[01:47:07.800 --> 01:47:12.520] us getting the transportation code tossed is pretty slim.
[01:47:12.520 --> 01:47:20.800] So what would be our first step in driving a wedge in this system that we may actually
[01:47:20.800 --> 01:47:22.000] be able to get done?
[01:47:22.000 --> 01:47:27.480] Well, that's the question of the day, as I told you on break, they never met a code they
[01:47:27.480 --> 01:47:32.760] didn't like, so I don't know how we're going to force the issue on any of them any more
[01:47:32.760 --> 01:47:34.000] than the other.
[01:47:34.000 --> 01:47:41.200] This one is extremely easy as far as having everything you need to prove it.
[01:47:41.200 --> 01:47:48.120] What is, do you have any feel for how the feds look at this?
[01:47:48.120 --> 01:47:54.520] Well, the problem is this being a challenge to an entire recodification, I don't know
[01:47:54.520 --> 01:48:03.200] that this has ever been done anywhere, and so I really don't know if we have a frame
[01:48:03.200 --> 01:48:07.000] of reference at the fed or anywhere else for that.
[01:48:07.000 --> 01:48:16.640] Okay, now the fifth, we need to look at the circuit and see which circuit would be likely
[01:48:16.640 --> 01:48:20.960] to rule in our favor.
[01:48:20.960 --> 01:48:31.760] Then we need someone who's received a ticket in Texas, who's out of that circuit, then
[01:48:31.760 --> 01:48:35.600] they could file in that circuit.
[01:48:35.600 --> 01:48:37.240] Yeah.
[01:48:37.240 --> 01:48:45.960] Somebody, some circuit that's a long way from Texas and won't tend to have, what I'm doing
[01:48:45.960 --> 01:48:48.560] now is thinking politically.
[01:48:48.560 --> 01:48:54.040] The more I do the show, the more I do the deal with the courts, the more I begin to
[01:48:54.040 --> 01:49:00.600] understand how everything is political.
[01:49:00.600 --> 01:49:06.720] We can't expect to win your case simply because you have the law and the facts on your side.
[01:49:06.720 --> 01:49:10.480] We've got to get the politics on our side.
[01:49:10.480 --> 01:49:15.960] So where do we look for politics?
[01:49:15.960 --> 01:49:24.360] One of the difficulties in looking for politics in this regard is if we get the traffic code
[01:49:24.360 --> 01:49:32.360] trashed in Texas, we're likely to get it trashed everywhere else unless we choose our claim
[01:49:32.360 --> 01:49:39.640] very carefully in a way that only applies to Texas, and it seems you have one.
[01:49:39.640 --> 01:49:48.040] Unless if the federal court rules that this emergency provision that was used was not
[01:49:48.040 --> 01:49:52.960] properly used, that won't affect anything but Texas.
[01:49:52.960 --> 01:49:53.960] Right.
[01:49:53.960 --> 01:50:06.040] So if we can find a circuit that may be more amenable to our argument and they can render
[01:50:06.040 --> 01:50:11.520] a ruling and it won't affect their state or the states that they're in around where
[01:50:11.520 --> 01:50:22.400] all their friends and buddies are, we at least have a better option at getting a ruling.
[01:50:22.400 --> 01:50:31.040] Then how do we make it easy for the judge to rule in our favor?
[01:50:31.040 --> 01:50:37.320] Because we know judges do not like hard cases.
[01:50:37.320 --> 01:50:46.120] They especially don't like to make rulings that changes the world as they know it.
[01:50:46.120 --> 01:51:01.400] So is there something in ancillary but close enough that we could get an initial ruling
[01:51:01.400 --> 01:51:02.680] on?
[01:51:02.680 --> 01:51:05.760] Well that's the rub.
[01:51:05.760 --> 01:51:11.200] I don't see this coming down easy any way we do it.
[01:51:11.200 --> 01:51:16.120] In fact, the plan of attack I have for this specifically avoids that level of confrontation
[01:51:16.120 --> 01:51:22.180] for a while until we have enough dismissals and everything under our belt to have a scattering
[01:51:22.180 --> 01:51:30.240] of people across the state that could then join up to go after this issue as a whole.
[01:51:30.240 --> 01:51:33.840] What I'm thinking is let's get somebody outside the state.
[01:51:33.840 --> 01:51:44.840] We've got that guy in Pennsylvania that was down here and he got a ticket to Arizona.
[01:51:44.840 --> 01:51:45.840] That's Arizona.
[01:51:45.840 --> 01:51:53.120] We need somebody who is some people from out of state that's gotten tickets here that might
[01:51:53.120 --> 01:52:01.960] be willing to take a suit in their circuit.
[01:52:01.960 --> 01:52:15.640] That's one degree of separation but everything you're arguing so far is so heavy that I can't
[01:52:15.640 --> 01:52:21.360] see a way to get a ruling because the courts are corrupt and they're absolutely corrupt.
[01:52:21.360 --> 01:52:26.880] Yeah, unfortunately in this particular case they would have to make their corruption absolutely
[01:52:26.880 --> 01:52:29.320] public to get away with this.
[01:52:29.320 --> 01:52:33.680] Because the way that I'm writing this, the opinion they would have to make would say
[01:52:33.680 --> 01:52:39.760] why every single one of these constitutional provisions is no longer valid.
[01:52:39.760 --> 01:52:42.980] Even though they're still in the Constitution, there's no amendments to them, there's no
[01:52:42.980 --> 01:52:46.560] eradicating repeals to them, none of that.
[01:52:46.560 --> 01:52:49.680] They're going to have to try to say that none of them matter.
[01:52:49.680 --> 01:52:53.920] In which case what they're trying to say is the Constitution doesn't matter.
[01:52:53.920 --> 01:53:03.120] I think at this point that would be extremely dangerous even for them.
[01:53:03.120 --> 01:53:14.880] Yes, my concern is that we get a bogus ruling in a district court and we appeal to the state
[01:53:14.880 --> 01:53:18.440] circuits and the state circuits are going to rule against us.
[01:53:18.440 --> 01:53:25.800] We file in the federal court in Texas and they're going to rule against us.
[01:53:25.800 --> 01:53:31.560] We can just have to expect it and then it will go to the fifth which in my opinion may
[01:53:31.560 --> 01:53:35.120] be one of the most corrupt circuits in the country.
[01:53:35.120 --> 01:53:38.760] Well, I'm not arguing with you there.
[01:53:38.760 --> 01:53:46.760] They're absolutely going to rule against us and then the Supreme will not pick it up.
[01:53:46.760 --> 01:53:52.960] It's the Supreme's answer to difficult questions is they just ignore them.
[01:53:52.960 --> 01:53:59.960] So where do we find the clout we need?
[01:53:59.960 --> 01:54:10.360] One thing, I have an issue, I have someone who works for me that got a ticket in Lakeside,
[01:54:10.360 --> 01:54:16.000] Texas, a tiny little town about 1,300 people.
[01:54:16.000 --> 01:54:22.720] She went to court with my challenge to subject matter jurisdiction and it upset the judge
[01:54:22.720 --> 01:54:29.600] and prosecutor to the point that they threw me and David, the guy who was with out of
[01:54:29.600 --> 01:54:36.320] the courtroom because we were possible witnesses to ask us if we were possibly be called as
[01:54:36.320 --> 01:54:41.960] a witness and we both said we have no personal knowledge of anything related to this case.
[01:54:41.960 --> 01:54:49.640] The prosecutor just kept on, is there any possibility that you could be called as a witness?
[01:54:49.640 --> 01:54:50.640] Not that I know of.
[01:54:50.640 --> 01:54:52.840] Said if I called you as a witness, would you object?
[01:54:52.840 --> 01:54:55.680] I'd love to get up there.
[01:54:55.680 --> 01:54:59.000] So he invoked the rule and threw us out.
[01:54:59.000 --> 01:55:05.160] And then she went in, they ruled against her and they told her she had to pay the fine
[01:55:05.160 --> 01:55:06.160] right there.
[01:55:06.160 --> 01:55:09.360] She said, well, I need to talk to my friends out there.
[01:55:09.360 --> 01:55:10.360] I don't have enough money.
[01:55:10.360 --> 01:55:12.080] You should have thought of that earlier.
[01:55:12.080 --> 01:55:19.200] They threw her in jail for 72 hours, taken to court.
[01:55:19.200 --> 01:55:23.400] That might be a good one because it's so outrageous.
[01:55:23.400 --> 01:55:35.640] The next morning I go in with a habeas and I asked them for the judge's bar card and
[01:55:35.640 --> 01:55:43.600] the prosecutor's bar card because I needed it and the order, the order to incarcerate
[01:55:43.600 --> 01:55:49.080] her and they didn't have it.
[01:55:49.080 --> 01:55:53.780] So I told them I needed it for my habeas.
[01:55:53.780 --> 01:55:58.920] So I couldn't get that because they said I'd have to put in an information request and
[01:55:58.920 --> 01:56:00.740] blah, blah, blah.
[01:56:00.740 --> 01:56:07.560] So I went down to the county courthouse and I raised so much cane.
[01:56:07.560 --> 01:56:13.840] I went into a court, the only court I could find in session, called the bailiff over,
[01:56:13.840 --> 01:56:22.340] told him that I had a habeas for the judge and to go tell the judge, he goes, walks up
[01:56:22.340 --> 01:56:27.280] next to the, to the bench, but don't say anything.
[01:56:27.280 --> 01:56:31.480] So I stood up and said, your honor, my name is Randall Kelton, I have a business with
[01:56:31.480 --> 01:56:32.480] this court.
[01:56:32.480 --> 01:56:35.040] She did a business now before this court.
[01:56:35.040 --> 01:56:38.720] So he was not happy about that.
[01:56:38.720 --> 01:56:41.120] Well, what are you doing in my courtroom?
[01:56:41.120 --> 01:56:43.480] Said, I'm here with a habeas.
[01:56:43.480 --> 01:56:46.200] Well, I'm not going to hear it.
[01:56:46.200 --> 01:56:51.480] Said Mr. Baggis, I need you to arrest the judge and the judge said, Mr. Baggis, throw
[01:56:51.480 --> 01:56:55.560] him out of my courtroom and he did.
[01:56:55.560 --> 01:56:59.880] So I went around every other court, I went to the clerk and asked for every judge that
[01:56:59.880 --> 01:57:04.960] was in that day to contact them and see which one would take my habeas.
[01:57:04.960 --> 01:57:09.440] The one that normally heard habeas was out for the day and I said, we'll find somebody
[01:57:09.440 --> 01:57:10.440] else.
[01:57:10.440 --> 01:57:11.440] I don't care who they are.
[01:57:11.440 --> 01:57:18.000] I just made a nuisance of myself and it turned out I didn't need to because as soon as I
[01:57:18.000 --> 01:57:26.800] walked out of the lakeside city hall, they called down and had this, had Tony let out
[01:57:26.800 --> 01:57:27.800] of jail.
[01:57:27.800 --> 01:57:34.760] So while I'm stirring up all this stink, they got her out of there quickly when I asked
[01:57:34.760 --> 01:57:41.480] for the commitment order, I finally got one, but I think I'm sure they backdated because
[01:57:41.480 --> 01:57:46.480] I went to the police department and asked them for one and they didn't have one.
[01:57:46.480 --> 01:57:53.600] But anyway, they arrested her for not paying the fine immediately when you got 10 days
[01:57:53.600 --> 01:57:56.480] by statute.
[01:57:56.480 --> 01:58:00.560] This would probably be a good one to sue because they only got 1,300 people, they don't have
[01:58:00.560 --> 01:58:01.560] deep pockets.
[01:58:01.560 --> 01:58:02.560] Well, maybe.
[01:58:02.560 --> 01:58:11.680] If we can't hire the big higher high power lawyers to fight us, anyway, it's the politics
[01:58:11.680 --> 01:58:12.680] all about the money.
[01:58:12.680 --> 01:58:18.480] This is Randy Kelton, We Will All Radio, we'll be back tomorrow night for our four hour info
[01:58:18.480 --> 01:58:27.880] marathon and when the show's over, go and take a look at our sponsors and look at the
[01:58:27.880 --> 01:58:33.720] gun giveaway and think about what we're worth to you and see if we can't return a little
[01:58:33.720 --> 01:58:38.280] of that back to us so we can stay on the air and keep our quality up.
[01:58:38.280 --> 01:58:41.320] This is Randy Kelton, We Will All Radio.
[01:58:41.320 --> 01:58:50.600] Thank you all for listening and good night.
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