ROL_2019-06-17_16k.timecode

[00:00.000 --> 00:05.780]  The following newsflash is brought to you by The Low Star Lowdown, providing the daily
[00:05.780 --> 00:13.480]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.480 --> 00:21.280]  into the tides of the alternative.
[00:21.280 --> 00:27.480]  Markets for Wednesday, the 6th of February, 2019, open with gold at $1,313.70 an ounce,
[00:27.480 --> 00:34.880]  silver at $15.77 an ounce, copper at $2.83 an ounce, oil at Texas Crude at $3.66 a barrel,
[00:34.880 --> 00:40.280]  Brent Crude at $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin
[00:40.280 --> 00:54.040]  at $3,401.64, Ripple at XRP at $0.29, Ethereum at $10.10, and Eos at $2.32 of cryptocoin.
[00:54.040 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.560]  qualifications get the right to vote when the Representation of the People Act of 1918
[01:04.560 --> 01:09.560]  was passed by parliament.
[01:09.560 --> 01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.240 --> 01:19.000]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:19.000 --> 01:20.000]  to vote.
[01:20.000 --> 01:24.640]  The lawsuit was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:24.640 --> 01:30.080]  of State and the Texas Department of Public Safety which sought to identify non-U.S. citizens
[01:30.080 --> 01:33.360]  who were registered to vote when obtaining age-arvage license.
[01:33.360 --> 01:37.000]  Over half of the 95,000 did indeed vote, it seems.
[01:37.000 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.280]  not in fact belonging to those who were non-citizens and registered.
[01:45.280 --> 01:50.880]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.880 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.080]  with proof of eligibility.
[01:57.080 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.920]  a vape pen exploded while he was using it.
[02:16.920 --> 02:20.640]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.640 --> 02:24.240]  An X-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.240 --> 02:30.440]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.440 --> 02:35.200]  First-Edition Anchorwoman Kristen Diaz interviewed Aislin Campbell, the executive director of
[02:35.200 --> 02:40.160]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.160 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.440]  14th to 16th, 6 to 9 p.m.
[02:47.440 --> 02:51.440]  You can find the interview at kiiitv.com.
[02:51.440 --> 03:17.440]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:17.440 --> 03:43.440]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:43.440 --> 03:48.840]  Monday night rule of law radio show, your host, Eddie Craig, it is June 17th, 2019.
[03:48.840 --> 03:51.480]  And yes, folks, I am actually live tonight.
[03:51.480 --> 03:53.760]  No, I have not gone anywhere.
[03:53.760 --> 03:58.320]  But with all the technical problems, the computer issues, and everything else going on around
[03:58.320 --> 04:02.680]  here in the last few weeks, it almost seems like I wished I had.
[04:02.680 --> 04:07.120]  If there has been a way for something to break down and go wrong, it has found a way to do
[04:07.120 --> 04:08.120]  it.
[04:08.120 --> 04:15.760]  Okay, so I do apologize for my extended absence from the air and neglecting my need to be
[04:15.760 --> 04:19.200]  here and provide you with the information that we do.
[04:19.200 --> 04:24.040]  But the fact is, if there was a way for it to get messed up around here, it has found
[04:24.040 --> 04:26.080]  a way to happen.
[04:26.080 --> 04:30.760]  As of tonight, even before we got here, we were having an issue where I had been checking
[04:30.760 --> 04:32.080]  for the last two or three days.
[04:32.080 --> 04:36.680]  I finally got things back up and running I needed to, making sure I could connect and
[04:36.680 --> 04:40.120]  all that, and sure enough, tonight when I try to get on here, I could not get to the
[04:40.120 --> 04:46.200]  caller board or to the control board in order to run the show.
[04:46.200 --> 04:49.880]  And finally got that figured out and worked out, and so here we are.
[04:49.880 --> 04:53.880]  So let's hope nothing goes wrong in the course of this evening, and we will get through this.
[04:53.880 --> 04:56.920]  Now, I have turned the phones on if you want to call and get in line.
[04:56.920 --> 05:04.320]  The call number is 512-646-1984, and I'm not going to be talking too long here before
[05:04.320 --> 05:05.320]  I start taking calls.
[05:05.320 --> 05:08.880]  So if you want to just go ahead and start lining up on the board, that's fine.
[05:08.880 --> 05:14.760]  But before we get there, I want folks to understand something here.
[05:14.760 --> 05:15.760]  Okay.
[05:15.760 --> 05:22.560]  Now, if you follow me at all on Facebook, you will already know that when it comes to the
[05:22.560 --> 05:28.200]  discussion groups and everything that I'm involved in there, I am not a polite individual.
[05:28.200 --> 05:30.440]  I absolutely am not.
[05:30.440 --> 05:37.280]  And that is because, not that I don't like to be, but the fact is I have come to the
[05:37.280 --> 05:43.840]  point where I have a very low boiling point when people are spouting fiction as fact and
[05:43.840 --> 05:50.520]  refusing to take facts in lieu of their fiction while trying to proclaim their right.
[05:50.520 --> 05:54.560]  When I could show them in black and white where they're not.
[05:54.560 --> 06:03.120]  And as I've said on the show before, I can understand why attorneys get jaded and blunt
[06:03.120 --> 06:10.320]  and obnoxious after years of talking to people that refuse to listen to the information they're
[06:10.320 --> 06:11.320]  receiving.
[06:11.320 --> 06:15.320]  Assuming, of course, the information is that they're receiving from the attorney is good
[06:15.320 --> 06:20.520]  to begin with, which is not always, believe me, it's not.
[06:20.520 --> 06:25.640]  But when the attorney is asking for simple facts for you just to simply give them the
[06:25.640 --> 06:29.600]  information they need or they tell you that there's something specific you need to do
[06:29.600 --> 06:33.680]  so that they can do what they need to do and that all the bases are covered and blah, blah,
[06:33.680 --> 06:34.680]  blah.
[06:34.680 --> 06:38.400]  And you go running off on tangents to do what you want despite all of that and create more
[06:38.400 --> 06:45.120]  problems than you solve, I can understand why they get short with people.
[06:45.120 --> 06:50.360]  And when the people turn it into ad hominem personal attacks, it gets even worse.
[06:50.360 --> 06:55.600]  And I've never been one to sit back and take that from anybody.
[06:55.600 --> 06:58.480]  Now I try not to be the first to initiate it.
[06:58.480 --> 07:03.000]  And if you see a post or comment where I've done that, then you can bet your booties this
[07:03.000 --> 07:09.200]  is not the first time that person and I have engaged each other on certain subjects.
[07:09.200 --> 07:14.880]  And they have gone off on these tangents before and been warned not to do it in the groups
[07:14.880 --> 07:21.480]  that I participate in if the information they're providing is not accurate.
[07:21.480 --> 07:26.720]  I put a few articles up on my blog here recently, three or four new ones that I've posted in
[07:26.720 --> 07:33.760]  the last few weeks as well as time and computer capabilities would allow me to do.
[07:33.760 --> 07:42.720]  And one of those deals with the problem with only partially knowing and understanding the
[07:42.720 --> 07:46.840]  law only being partly right.
[07:46.840 --> 07:52.960]  Because when you go into a courtroom, the last thing you want to be is partly right
[07:52.960 --> 07:56.080]  when it comes to the law.
[07:56.080 --> 08:02.560]  It's an all or nothing deal 99.9% of the time when you're in there pro se.
[08:02.560 --> 08:06.400]  You go in as an attorney, you're allowed to lie, cheat, steal and get it wrong all day
[08:06.400 --> 08:07.400]  long.
[08:07.400 --> 08:10.000]  But you are not an attorney.
[08:10.000 --> 08:17.320]  The more accurate you are, the better you can prove the accuracy of what you're saying
[08:17.320 --> 08:23.760]  and how to say it, the better off you are when facing off against these people in that
[08:23.760 --> 08:24.760]  courtroom.
[08:24.760 --> 08:30.080]  I don't know how many different ways I can say that to get people to understand it.
[08:30.080 --> 08:36.560]  And because of that, and because I pushed myself to reach that point, I don't like it
[08:36.560 --> 08:41.520]  when someone tells me, A, we can't ever win because I've proven that is wrong.
[08:41.520 --> 08:45.360]  I have helped other people prove that is wrong.
[08:45.360 --> 08:51.560]  And some of them not just traffic tickets, we're talking some very serious stuff here.
[08:51.560 --> 08:58.240]  In that same article I just mentioned, I put a link to a case where a man refused to allow
[08:58.240 --> 09:04.560]  an attorney to represent him, fought the case himself and won.
[09:04.560 --> 09:08.480]  And they were trying to convict that guy of murder.
[09:08.480 --> 09:14.080]  He refused to put his life in the hands of someone else that he knew didn't give a crap
[09:14.080 --> 09:21.440]  about whether he won or lost because there is no penalty paid by that person for not
[09:21.440 --> 09:22.640]  winning.
[09:22.640 --> 09:28.040]  You're the one that pays the price for how an epley, corruptly, incompetently or lousy,
[09:28.040 --> 09:30.280]  they do their job.
[09:30.280 --> 09:37.680]  So why would you allow them to do it if you have even the remotest idea that they're not
[09:37.680 --> 09:41.480]  going to do it right?
[09:41.480 --> 09:52.240]  And that's the whole reason I got into doing this, to help empower people to do this themselves.
[09:52.240 --> 10:01.040]  I guarantee you the old statement, he who represents himself in court has a fool for
[10:01.040 --> 10:02.040]  a client.
[10:02.040 --> 10:05.640]  I guarantee you that phrase was coined by an attorney.
[10:05.640 --> 10:11.480]  And it's not because they believe it, it's because they can't take money out of your
[10:11.480 --> 10:14.200]  pocket if you don't.
[10:14.200 --> 10:18.080]  You understand that?
[10:18.080 --> 10:23.960]  If you believe that statement, then you're going to hire one of them to do the work for
[10:23.960 --> 10:25.200]  you.
[10:25.200 --> 10:32.200]  And the problem is, is you have no way to control how well they do it.
[10:32.200 --> 10:35.840]  And that's a fact.
[10:35.840 --> 10:41.320]  The system protects its own, and they are definitely one of its own.
[10:41.320 --> 10:46.560]  They can mess up all day long, and you're still the one that's going to pay the price
[10:46.560 --> 10:47.960]  for it.
[10:47.960 --> 10:56.280]  So why give them that power when it is within you to do it without them, if you are willing
[10:56.280 --> 11:03.840]  to apply yourself to learning what is real, what is not, what is law, and what is fantasy?
[11:03.840 --> 11:09.440]  And too many of these people on Facebook and all these other places I discuss this stuff
[11:09.440 --> 11:11.800]  don't have a clue.
[11:11.800 --> 11:15.760]  A lot of them are the ones that I have termed the patronage, that they have latched on to
[11:15.760 --> 11:23.560]  a piece of information that is utter fallacy from the word go, but because they have attached
[11:23.560 --> 11:32.280]  it to their brains so in depth, they cannot forego it for facts, reason, logic, no matter
[11:32.280 --> 11:36.920]  how much evidence you put in front of them that it's wrong, they're not going to let
[11:36.920 --> 11:38.920]  it go.
[11:38.920 --> 11:46.680]  And they will just flat out attack you for trying to pry it out of their hands.
[11:46.680 --> 11:48.720]  And it's really that simple.
[11:48.720 --> 11:52.080]  And I've lost all patience with those people.
[11:52.080 --> 11:55.600]  I have zero tolerance for them anymore.
[11:55.600 --> 12:03.800]  When they post stuff that I know to be stupid, ignorant, fake information, I jump on it with
[12:03.800 --> 12:14.160]  both feet and I do so unapologetically because I'm not there to prove I'm right.
[12:14.160 --> 12:19.400]  I'm there to prevent people who don't know any better from getting sucked into a hole
[12:19.400 --> 12:28.320]  they cannot survive if they do what these people are telling them to do.
[12:28.320 --> 12:34.000]  It does not matter how many cases I have people that I've helped talk about me helping them
[12:34.000 --> 12:38.600]  win on Facebook, the ones that allow me to put the information up on my blog, even with
[12:38.600 --> 12:43.440]  the dismissal order, signed it right there in the articles that they belong to, showing
[12:43.440 --> 12:46.520]  that I have helped win these cases.
[12:46.520 --> 12:50.200]  These people refuse to believe it can be done or that it's the right way to do it.
[12:50.200 --> 12:56.400]  Instead, they want to blame and do every other thing under the sun and turn into rabid dogs
[12:56.400 --> 13:01.800]  if you challenge them on it.
[13:01.800 --> 13:07.240]  It's ridiculous, I know, but what are you going to do?
[13:07.240 --> 13:15.080]  So if you are one of the people that I'm helping and you are at least trying to do it, I may
[13:15.080 --> 13:19.400]  not be the nicest guy when I'm telling you why didn't you do this, why didn't you do
[13:19.400 --> 13:24.740]  that, kind of like I do Truth Raider from time to time, but the fact remains that as
[13:24.740 --> 13:29.640]  long as you're willing to look at this and listen to it and go verify that what I'm trying
[13:29.640 --> 13:36.160]  to tell you is actually correct, then I can't fault you for not getting it right because
[13:36.160 --> 13:39.600]  no one knows this stuff up front all the time.
[13:39.600 --> 13:44.280]  I didn't, the attorneys absolutely don't and they've been at it a lot longer than most
[13:44.280 --> 13:47.520]  of you out there have for sure.
[13:47.520 --> 13:52.720]  So I can't fault you for not knowing, but I can fault you for not listening and not
[13:52.720 --> 13:55.600]  following through.
[13:55.600 --> 14:02.240]  When you have the opportunity to take responsibility for yourself and you either refuse or fail,
[14:02.240 --> 14:06.080]  then you are creating your own problems.
[14:06.080 --> 14:10.320]  And everything that I have tried to do since I've come on this show is to give you good
[14:10.320 --> 14:17.280]  information so that that is not what happens.
[14:17.280 --> 14:22.480]  So I have a thick skin, I could care less how these people on Facebook attack me.
[14:22.480 --> 14:27.200]  I could care less what people think about me because of what I say in those groups about
[14:27.200 --> 14:31.080]  what they're saying and what they're doing and why it won't work.
[14:31.080 --> 14:35.320]  Because I've been there, I've done that, I've seen it, I've watched it.
[14:35.320 --> 14:40.720]  I have seen the smoldering embers that are left over when the person trying to do that
[14:40.720 --> 14:46.720]  crap has been burned to the ground by the system for doing it.
[14:46.720 --> 14:54.480]  And all that was left to do was to pour water on the ashes and pack it up and go home.
[14:54.480 --> 15:01.880]  I've seen it and that is why I don't have any patience and tolerance for letting people
[15:01.880 --> 15:06.920]  put other people in that position.
[15:06.920 --> 15:13.160]  So if you ever see the post, if you haven't seen the post and you want to know how I
[15:13.160 --> 15:19.160]  can be that mean, that abrasive, that abusive, that whatever, here's a chance for you to
[15:19.160 --> 15:22.360]  understand where it's coming from and why.
[15:22.360 --> 15:27.560]  I have seen too many people try to do the right thing and get burned because they followed
[15:27.560 --> 15:31.800]  the wrong advice.
[15:31.800 --> 15:35.960]  And these are the very people that give that wrong advice every time.
[15:35.960 --> 15:38.560]  And just like the attorney, why should they care?
[15:38.560 --> 15:40.120]  They're not the one taking the risk.
[15:40.120 --> 15:44.960]  They're not the one suffering the consequences, okay?
[15:44.960 --> 15:50.040]  So all that said, let's see what happens from there.
[15:50.040 --> 15:54.560]  Now I've only got about a minute before I go to break here.
[15:54.560 --> 15:58.840]  So after I get back, I'll start taking the callers that are up on the board, but I want
[15:58.840 --> 16:06.520]  you folks to understand that I don't try to be mean to somebody without a reason.
[16:06.520 --> 16:13.280]  And if I'm short with you, then it's because of two possible situations.
[16:13.280 --> 16:17.920]  You're not listening or you're not following through.
[16:17.920 --> 16:19.880]  That's almost always the case.
[16:19.880 --> 16:25.680]  If I'm short with you, I'm loud with you, I'm blunt with you, that's why.
[16:25.680 --> 16:28.440]  You're not listening and you're not following through.
[16:28.440 --> 16:32.720]  And the person that's going to get hurt by that is you.
[16:32.720 --> 16:35.800]  And there's nothing I can do to stop it if you're not going to listen.
[16:35.800 --> 16:42.680]  And you shouldn't be asking me in the first place if you're not going to listen.
[16:42.680 --> 16:46.440]  So that said, I just want folks to understand that.
[16:46.440 --> 16:48.560]  Okay, we got a break coming up.
[16:48.560 --> 16:53.720]  This is Rule of Law Radio, calling number 512-646-1984.
[16:53.720 --> 16:57.760]  Y'all hang on and we will be right back after this break.
[16:57.760 --> 17:04.360]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[17:04.360 --> 17:08.200]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
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[17:12.320 --> 17:15.120]  Among those rights are the right to travel freely from place to place, the right to
[17:15.120 --> 17:19.360]  act in our own private capacity, and most importantly, the right to due process of law.
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[17:23.240 --> 17:25.120]  our rights through due process.
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[18:49.920 --> 18:57.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[20:32.760 --> 20:48.760]  The Logos Radio Network for more information, please visit ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[20:48.760 --> 21:02.760]  Okay, well, I've got a little lift-up on here. Okay, I could make you a list, but there's two things. One, I think I want to get some there, but I want to make...
[21:02.760 --> 21:04.760]  Wait, wait, wait. You're moving away from the phone. Talk directly into the phone because you fade in and out.
[21:04.760 --> 21:06.760]  Okay, can you hear me now?
[21:06.760 --> 21:10.760]  Yes. Keep that position and go ahead. Say what you said again.
[21:10.760 --> 21:20.760]  Okay, I will try. I am a continued contributor to rule of law radio. Well, there's two things I want to bring up. This was the first one.
[21:20.760 --> 21:32.760]  And well, long story short, I had a pay-to-pay file and I had it hooked up to the wrong call card and it was not donated. And so I straightened that out and...
[21:32.760 --> 21:36.760]  Am I doing the right thing by calling you or is there a...
[21:36.760 --> 21:40.760]  No, actually, you need to email Deborah. All that goes through Deborah.
[21:40.760 --> 22:02.760]  Okay, that answers that for me because I'm trying to straighten it out. Anyway, the thing I'm calling you about is I looked into filing a complaint against a police officer with the organization of license system, which I think in Texas is called TECOS or something like that.
[22:02.760 --> 22:03.760]  TECOS.
[22:03.760 --> 22:06.760]  The phone around it is closed, B-O-S-T.
[22:06.760 --> 22:07.760]  Right.
[22:07.760 --> 22:09.760]  And so, can you still hear me?
[22:09.760 --> 22:11.760]  Yes.
[22:11.760 --> 22:18.760]  Okay, so I called them just out of curiosity. I've never done this before and asked them how I filed a complaint.
[22:18.760 --> 22:24.760]  And long story short, I was on the phone a while and the man told me they do not take complaints.
[22:24.760 --> 22:33.760]  They do not pursue or look into complaints from police officers. They just pass it on to the appropriate agency.
[22:33.760 --> 22:36.760]  Well, as far as I know, the post is the appropriate agency.
[22:36.760 --> 22:54.760]  So, I asked him what sections of the Colorado revised statute referred to the post for. And he told me, and it's 24-31-303 through 24-31-315.
[22:54.760 --> 23:07.760]  24-31-303, one D, yes, in Dallas, to certify a qualified applicant and withhold suspend or revoke certification.
[23:07.760 --> 23:10.760]  And that's all I could find out about it.
[23:10.760 --> 23:15.760]  And before I call them back, I was wondering maybe you could tell me, am I missing something here?
[23:15.760 --> 23:23.760]  Well, without having read it, I'm going to take a shot in the dark based upon what you said it does say in that section specifically.
[23:23.760 --> 23:34.760]  Okay, I have not read this act, so I cannot say this is 100% accurate, but I can infer from what it's written there and what they told you on the phone as to why.
[23:34.760 --> 23:36.760]  Okay?
[23:36.760 --> 23:37.760]  Yes, sir.
[23:37.760 --> 23:55.760]  So, while they are the ones that are responsible for revoking the peace officer certification, they are not the agency that performs the investigation and makes a determination to revoke their certification.
[23:55.760 --> 23:57.760]  Okay?
[23:57.760 --> 23:59.760]  Which is what he told you on the phone.
[23:59.760 --> 24:02.760]  That's why they don't take the complaint.
[24:02.760 --> 24:09.760]  They're just the implementing agency, not the investigative or punishment side of the agency.
[24:09.760 --> 24:22.760]  Their job is either to give the officer a certification or to do the necessary paperwork to take away said certification, but they are not the ones who determine whether or not that should happen.
[24:22.760 --> 24:24.760]  Okay, thank you.
[24:24.760 --> 24:29.760]  I thought that might be the case, but I do not know where else to look.
[24:29.760 --> 24:47.760]  Well, again, if you don't see something in those statutes that says they're the ones responsible to do all of those things, in addition to revoking that certification, then somewhere there has to be a process that's applied for that revocation to be legally occurring.
[24:47.760 --> 24:49.760]  They can't just arbitrarily do it.
[24:49.760 --> 24:51.760]  There has to be a reason for it.
[24:51.760 --> 24:52.760]  Okay?
[24:52.760 --> 24:56.760]  So, what law covers establishing that reason?
[24:56.760 --> 25:23.760]  Well, according to what they told you, my best guess would be is that there's something in the agency laws dealing with the local agency they work for, or the state agency, whatever it may happen to be, where their punitive and investigative process is required to be followed in order to initiate the removal of the certification via this other agency at post.
[25:23.760 --> 25:26.760]  So, where else you could find it?
[25:26.760 --> 25:32.760]  I do not know, but from the sound of it, there's got to be one somewhere.
[25:32.760 --> 25:41.760]  And it will tell you most likely to go to that local agency or whoever is over that local agency.
[25:41.760 --> 25:43.760]  Well, that's a rub.
[25:43.760 --> 25:45.760]  I'm trying to find out what the local agency is.
[25:45.760 --> 25:47.760]  I don't have a clue right now.
[25:47.760 --> 25:50.760]  What kind of officer are we talking about?
[25:50.760 --> 25:51.760]  I'm sorry I was talking.
[25:51.760 --> 25:52.760]  Go ahead.
[25:52.760 --> 25:54.760]  What kind of peace officer are we talking about?
[25:54.760 --> 25:57.760]  A municipal cop, a county cop, a state cop?
[25:57.760 --> 25:58.760]  Who?
[25:58.760 --> 26:00.760]  This is a municipal police officer.
[26:00.760 --> 26:04.760]  And it would be the city police department.
[26:04.760 --> 26:09.760]  It would be the city manager's office.
[26:09.760 --> 26:10.760]  Okay.
[26:10.760 --> 26:11.760]  Okay, I got you.
[26:11.760 --> 26:18.760]  Okay, well, I just wanted to touch base with you guys on that because I did not want to mess this thing all up.
[26:18.760 --> 26:23.760]  And I thought maybe I'll have to look there and read some more code.
[26:23.760 --> 26:28.760]  What you have is an actual criminal complaint and not just a complaint complaint.
[26:28.760 --> 26:30.760]  Then you might also look to see what...
[26:30.760 --> 26:35.760]  I thought I would just file a complaint and see what happens.
[26:35.760 --> 26:38.760]  Well, again, what kind of complaint?
[26:38.760 --> 26:45.760]  I don't like the guy because he doesn't shower before he greets the public or a complaint that this guy robbed me at gunpoint.
[26:45.760 --> 26:47.760]  Which kind of complaint are we talking about?
[26:47.760 --> 26:51.760]  Okay, this is the complaint or however I word it.
[26:51.760 --> 26:53.760]  And it will take me a minute to explain.
[26:53.760 --> 26:59.760]  Just tell me, are you trying to accuse the guy of a crime?
[26:59.760 --> 27:05.760]  Or are you trying to accuse him of doing something that he shouldn't be doing generally as a police officer?
[27:05.760 --> 27:09.760]  That may or may not be criminal and you just don't know.
[27:09.760 --> 27:12.760]  Well, I do not think it's criminal, but...
[27:12.760 --> 27:13.760]  Okay, then it's a complaint complaint.
[27:13.760 --> 27:15.760]  I think it's nothing he should not have done.
[27:15.760 --> 27:19.760]  Okay, then that's a complaint complaint, a performance complaint.
[27:19.760 --> 27:21.760]  And that goes through his agency.
[27:21.760 --> 27:32.760]  Had it been a criminal complaint, then you could also look at the option of reporting it directly to the county or district attorney or to a grand jury.
[27:32.760 --> 27:34.760]  Okay, if it was criminal.
[27:34.760 --> 27:39.760]  Okay, I was just trying to kind of sting him a little bit because he stung me a little bit.
[27:39.760 --> 27:40.760]  That's basically just...
[27:40.760 --> 27:52.760]  Well, never do it out of vengeance, have an honest, respective gripe if there is one, but don't ever do it just to try to see how much trouble you can get him into.
[27:52.760 --> 27:57.760]  There needs to be a good faith reason why you're going after this guy.
[27:57.760 --> 28:03.760]  Now, if he did something that's outside of policy and it's wrong, then there's nothing wrong with reporting it.
[28:03.760 --> 28:08.760]  Just be very careful how you do it so that it's not seen as a vindictive act.
[28:08.760 --> 28:15.760]  Because that's not going to do anything but escalate the situation in both directions, guaranteed that's what's going to happen.
[28:15.760 --> 28:16.760]  Yes, sir.
[28:16.760 --> 28:25.760]  Well, if I may just explain briefly, basically, someone ran into my band and they gave him the wrong address.
[28:25.760 --> 28:28.760]  He should have gotten the right address so I could not serve the guy.
[28:28.760 --> 28:32.760]  The guy has no insurance, so I had to sue him and claim the court.
[28:32.760 --> 28:42.760]  I had to go through the probation department to find out this guy's address, turns out he has two, and the cop had written down the wrong address saying that this guy received mail.
[28:42.760 --> 28:45.760]  It was an elementary school address that the cop gave you.
[28:45.760 --> 28:53.760]  Well, the thing about it is you can't necessarily say the cop gave you bad information because it's always possible that guy gave the cop the bad information.
[28:53.760 --> 28:55.760]  And the cop doesn't know that.
[28:55.760 --> 29:04.760]  Well, okay, I get the cop gave me a card, that's what they have to do here, and to call him if there was any questions.
[29:04.760 --> 29:07.760]  And so that was my question is what this guy's address.
[29:07.760 --> 29:16.760]  The police told me, police officer on the phone told me he got that off of a driver's permit and ran it on a computer.
[29:16.760 --> 29:21.760]  Well, it's an elementary school, so I know that ain't true.
[29:21.760 --> 29:27.760]  Well, does it come up on the police computer as an elementary school?
[29:27.760 --> 29:33.760]  Uh, yes, it comes up, yeah.
[29:33.760 --> 29:39.760]  No, now wait a minute, you actually saw it pulled up on a police computer as an elementary school?
[29:39.760 --> 29:41.760]  I do not know.
[29:41.760 --> 29:45.760]  Okay, exactly my point, you do not know.
[29:45.760 --> 29:50.760]  You don't know what information is being fed to that cop on his car computer.
[29:50.760 --> 29:52.760]  You see the problem?
[29:52.760 --> 29:55.760]  Hang on just a second, let me get this break and then we'll finish up, okay?
[29:55.760 --> 30:00.760]  All right, folks, y'all hang on, we will be right back.
[30:00.760 --> 30:06.760]  Pressure. We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing.
[30:06.760 --> 30:15.760]  I'm Dr. Catherine Albrecht and I'll be back to tell you how conditions like nausea can be cured using the traditional Chinese therapy known as acupressure.
[30:15.760 --> 30:20.760]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.760 --> 30:25.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.760 --> 30:30.760]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.760 --> 30:33.760]  Privacy, it's worth hanging on to.
[30:33.760 --> 30:40.760]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[30:40.760 --> 30:44.760]  Start over with StartPage.
[30:44.760 --> 30:51.760]  Acupressure is an ancient practice that uses finger or hand pressure to cure everything from headaches to constipation.
[30:51.760 --> 30:56.760]  The pressure is applied to points known as meridians that are believed to control the flow of energy in the human body.
[30:56.760 --> 31:03.760]  Acupressure offers a simple cure for nausea you might try the next time you get a queasy stomach or a case of motion sickness.
[31:03.760 --> 31:07.760]  Simply apply moderate pressure to the point known as P6.
[31:07.760 --> 31:11.760]  You'll find it on the inside of your wrist about two fingers width down from your palm.
[31:11.760 --> 31:17.760]  Placing pressure on the P6 point works on the same principle as those pricey anti-nausea wristbands.
[31:17.760 --> 31:20.760]  But this relief is free and always on hand.
[31:20.760 --> 31:29.760]  Under Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:29.760 --> 31:35.760]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.760 --> 31:37.760]  The government says that fire brought it down.
[31:37.760 --> 31:42.760]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.760 --> 31:48.760]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow force responders are dying.
[31:48.760 --> 31:49.760]  I'm not a conspiracy theorist.
[31:49.760 --> 31:50.760]  I'm a structural engineer.
[31:50.760 --> 31:51.760]  I'm a New York City correction officer.
[31:51.760 --> 31:52.760]  I'm an Air Force pilot.
[31:52.760 --> 31:54.760]  I'm a father who lost his son.
[31:54.760 --> 31:57.760]  We're Americans and we deserve the truth.
[31:57.760 --> 32:00.760]  Go to RememberBuilding7.org today.
[32:00.760 --> 32:02.760]  Hey, it's Danny here for Hill Country Home Improvements.
[32:02.760 --> 32:05.760]  Did your home receive hail or wind damage from the recent storms?
[32:05.760 --> 32:08.760]  Come on, we all know the government caused it with their chemtrails.
[32:08.760 --> 32:10.760]  But good luck getting them to pay for it.
[32:10.760 --> 32:12.760]  Okay, I might be kidding about the chemtrails.
[32:12.760 --> 32:13.760]  But I'm serious about your roof.
[32:13.760 --> 32:20.760]  That's why you have insurance and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[32:20.760 --> 32:25.760]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[32:25.760 --> 32:31.760]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[32:31.760 --> 32:37.760]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[32:37.760 --> 32:39.760]  Mention the crypto show and get $100 off.
[32:39.760 --> 32:44.760]  And we'll donate another $100 to the Logos radio network to help continue this programming.
[32:44.760 --> 32:49.760]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:49.760 --> 32:55.760]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:55.760 --> 32:57.760]  Discounts are based on full roof replacement.
[32:57.760 --> 33:01.760]  I mean I actually be kidding about chemtrails.
[33:27.760 --> 33:34.760]  All right folks, we are back.
[33:34.760 --> 33:36.760]  This is rule of law radio.
[33:36.760 --> 33:40.760]  The call in number 512-646-1984.
[33:40.760 --> 33:42.760]  And we are talking to Daniel in Colorado.
[33:42.760 --> 33:45.760]  All right, Daniel, let's see if we can wrap this up.
[33:45.760 --> 33:47.760]  Okay, can you still hear me?
[33:47.760 --> 33:49.760]  Yes, sir.
[33:49.760 --> 34:00.760]  Well, I'm pretty much done, but as far as this address, I took the document that the policeman wrote the address on to the police station.
[34:00.760 --> 34:07.760]  And the first thing I did was shove it up the window there and asked the lady to read the address.
[34:07.760 --> 34:09.760]  And she did.
[34:09.760 --> 34:13.760]  Okay, and so I pointed out that was an elementary school.
[34:13.760 --> 34:22.760]  And anyway, they did not, that's where it stopped there, I did not think to check what they had on the computer.
[34:22.760 --> 34:25.760]  But apparently they have thorough information on the computer.
[34:25.760 --> 34:30.760]  Well, you should have asked to talk to the officer that you had dealt with in the first place.
[34:30.760 --> 34:31.760]  That would have been the easiest thing.
[34:31.760 --> 34:32.760]  Well, I did.
[34:32.760 --> 34:35.760]  He would have already had the background of what was going on and why.
[34:35.760 --> 34:39.760]  The lady at the window isn't going to have that information unless you take the time to fill her in.
[34:39.760 --> 34:42.760]  And she may not even have the power to do anything about it.
[34:42.760 --> 34:47.760]  This bachelor in a police station is not always an officer.
[34:47.760 --> 34:52.760]  Well, she was, you know, it's a sub station, actually, just a few blocks from here.
[34:52.760 --> 34:57.760]  But she's just, you know, the one I've, okay, so I did call the officer and talk on the phone with it.
[34:57.760 --> 34:59.760]  Like he said, he ran it on the computer.
[34:59.760 --> 35:04.760]  And then when I got there, they verified that that address was near elementary school.
[35:04.760 --> 35:06.760]  I don't know what they had on the computer.
[35:06.760 --> 35:14.760]  But when you say you called and talked to the officer, is that the first time that you got the address?
[35:14.760 --> 35:17.760]  Or did you already know it was an elementary school?
[35:17.760 --> 35:24.760]  Because you'd already looked at the address when you called and talked to that officer again and said, hey, this address that you got from this guy, it's not his address.
[35:24.760 --> 35:27.760]  It's an elementary school.
[35:27.760 --> 35:28.760]  Well, I did.
[35:28.760 --> 35:38.760]  And he told me that the guy is homeless and that 80% of the people that he makes reports on are homeless.
[35:38.760 --> 35:39.760]  Okay.
[35:39.760 --> 35:48.760]  And what information did he base that on if the guy, if, what information did the officer base that on if you found out the guy's actually got two addresses?
[35:48.760 --> 35:53.760]  He's not homeless if he's got two actual addresses that you can find him at.
[35:53.760 --> 35:59.760]  Well, I did not know that at the time I called the officer. The officer told me he was on probation.
[35:59.760 --> 36:05.760]  So after I went to the police station to straighten it out, I went, that's over to the courthouse.
[36:05.760 --> 36:07.760]  I went over to the courthouse to probation.
[36:07.760 --> 36:12.760]  I talked to the head of the probation department and he gave me two addresses.
[36:12.760 --> 36:13.760]  Okay.
[36:13.760 --> 36:17.760]  And is he the one that told you the guy was homeless?
[36:17.760 --> 36:18.760]  No, the police officer did.
[36:18.760 --> 36:21.760]  He said that's just where he receives mail.
[36:21.760 --> 36:22.760]  Okay.
[36:22.760 --> 36:27.760]  So it turns out these two addresses, one is here in the spring and the other is at Denver.
[36:27.760 --> 36:29.760]  Well, Thornton actually, but that's Denver.
[36:29.760 --> 36:36.760]  And he's in Denver during the week and here on the weekend, but I did not get very good information from the police officer at all.
[36:36.760 --> 36:38.760]  That's why I was mad at the police officer.
[36:38.760 --> 36:39.760]  Right.
[36:39.760 --> 36:44.760]  But the fact is he may have only had access to whatever information is available in their system.
[36:44.760 --> 36:49.760]  And if that's all he's got, that's all he's going to rely on, unfortunately.
[36:49.760 --> 36:54.760]  The street cop job is not really to investigate anything.
[36:54.760 --> 36:57.760]  They're just there to answer my question.
[36:57.760 --> 37:00.760]  I just need to be better, do better diligence next time.
[37:00.760 --> 37:02.760]  Hopefully there'll never be another next time.
[37:02.760 --> 37:04.760]  Yeah, hopefully not.
[37:04.760 --> 37:10.760]  But just in case, yes, don't everything that goes wrong is not always the cops fault.
[37:10.760 --> 37:12.760]  Yes, there's lots of things that could do better.
[37:12.760 --> 37:18.760]  But unfortunately, as has been demonstrated many, many times, they're only fed enough information.
[37:18.760 --> 37:24.760]  They're fed enough information to make them dangerous to us, never to those in power.
[37:24.760 --> 37:25.760]  Oh, yeah.
[37:25.760 --> 37:26.760]  And I'll go ahead and throw in.
[37:26.760 --> 37:27.760]  They made a big deal.
[37:27.760 --> 37:28.760]  My van was parked.
[37:28.760 --> 37:30.760]  It was middle of the night.
[37:30.760 --> 37:38.760]  And they made a big deal about making me call my insurance agent to prove that I have insurance, you know, and they went to all that trouble there outside of the road.
[37:38.760 --> 37:42.760]  But then they did not do a very good job of getting his address for me.
[37:42.760 --> 37:50.760]  Well, if they actually heard the word homeless out of his mouth, then they probably just stopped listening after that point.
[37:50.760 --> 37:55.760]  Because they knew there was not going to be much of anything anyone was going to be able to do with this person.
[37:55.760 --> 37:58.760]  They just have to eventually pick him up on a warrant if they encountered him again.
[37:58.760 --> 38:02.760]  That's the way it almost always works.
[38:02.760 --> 38:03.760]  Okay.
[38:03.760 --> 38:04.760]  Well, that answers my question.
[38:04.760 --> 38:05.760]  So thank you very much.
[38:05.760 --> 38:06.760]  Yes, sir.
[38:06.760 --> 38:07.760]  Sorry, it wasn't better.
[38:07.760 --> 38:09.760]  But hopefully it'll help for next time.
[38:09.760 --> 38:12.760]  That's good enough. Thanks a bunch, Eddie.
[38:12.760 --> 38:13.760]  Yes, sir.
[38:13.760 --> 38:14.760]  You have a good night.
[38:14.760 --> 38:16.760]  Oh, yes. Bye-bye.
[38:16.760 --> 38:17.760]  All right.
[38:17.760 --> 38:19.760]  Now we have Larry in Arizona.
[38:19.760 --> 38:21.760]  Larry, what can we do for you?
[38:21.760 --> 38:22.760]  Good evening, Eddie.
[38:22.760 --> 38:23.760]  Good evening.
[38:23.760 --> 38:26.760]  Eddie, I have a question for you on this.
[38:26.760 --> 38:33.760]  I'm working on my property tax case and getting ready to go after the county, the treasurer and the assessor.
[38:33.760 --> 38:34.760]  Okay.
[38:34.760 --> 38:42.760]  And in the past, you and I have talked about filing a conversion suit and talked about a breach of contract suit.
[38:42.760 --> 38:43.760]  Yes.
[38:43.760 --> 38:46.760]  Is there any advantage of one over the other?
[38:46.760 --> 38:50.760]  Well, conversion is outright fraud.
[38:50.760 --> 38:51.760]  Okay.
[38:51.760 --> 38:59.760]  Most states, Texas being one of them, no longer has a separate cause of action for conversion.
[38:59.760 --> 39:00.760]  Okay.
[39:00.760 --> 39:05.760]  It's all covered by fraud, which is what conversion actually is.
[39:05.760 --> 39:10.760]  It's taking something that isn't yours and converting it to use by yourself for your own benefit.
[39:10.760 --> 39:20.760]  And that's fraud, just like, you know, defrauding somebody of money under false pretenses or defrauding them through the fake terms of a contract in order to get money out of them.
[39:20.760 --> 39:21.760]  Okay.
[39:21.760 --> 39:32.760]  So they kind of go together, but the difference is that the conversion can involve criminal elements, whereas the breach of contract almost never does.
[39:32.760 --> 39:33.760]  Okay.
[39:33.760 --> 39:39.760]  So when I say that you need to file a conversion suit, that's not exactly what I mean.
[39:39.760 --> 39:40.760]  It's not a suit.
[39:40.760 --> 39:46.760]  You may need to file it as a complaint, a criminal complaint.
[39:46.760 --> 39:47.760]  Okay.
[39:47.760 --> 40:00.760]  But then if you can show that that conversion is a result of the breach of contract, then you can use it to strengthen your breach of contract suit because conversion is fraud.
[40:00.760 --> 40:06.760]  The breach of contract is also a form of fraud.
[40:06.760 --> 40:07.760]  Okay.
[40:07.760 --> 40:13.760]  But it's simple.
[40:13.760 --> 40:18.760]  Okay, but I can still, I can still do that in federal court, correct?
[40:18.760 --> 40:26.760]  If it's between people of different states, yeah, or between a state and an individual, yeah.
[40:26.760 --> 40:31.760]  Okay.
[40:31.760 --> 40:33.760]  Okay.
[40:33.760 --> 40:35.760]  Okay, I think that's, oh, I had one other question.
[40:35.760 --> 40:44.760]  You've talked about a couple of times, I think it was a Supreme Court case saying that when a license is expired, it's expired.
[40:44.760 --> 40:45.760]  Yeah.
[40:45.760 --> 40:48.760]  Was that a Supreme Court case?
[40:48.760 --> 40:52.760]  Let me look and see if that's a Texas case or a federal case.
[40:52.760 --> 40:57.760]  Hang on, let me see if I can find my material here.
[40:57.760 --> 41:01.760]  And then I can tell you.
[41:01.760 --> 41:14.760]  I can tell you, I've got dozens of hard drives up here trying to get all the data from them collected back where it's supposed to be because I had to back things up across multiple drives here lately trying to get all this stuff up and working.
[41:14.760 --> 41:20.760]  So it's finding which one I've got stuck on at the moment that presents a problem.
[41:20.760 --> 41:25.760]  If I, hopefully I'll be able to get to it, it'll come up here anytime soon.
[41:25.760 --> 41:27.760]  All right.
[41:27.760 --> 41:50.760]  Court cases, licensing.
[41:50.760 --> 41:58.760]  I don't have it organized under licensing or something like that, so I'd have to look to see if I could find it to see where it's actually from.
[41:58.760 --> 42:17.760]  But the fact remains that there is a case, though I can't remember where it is from, that if government puts a specific date on a document or instrument of any kind that says that on this date, this instrument is no longer valid,
[42:17.760 --> 42:33.760]  and cannot be used for the purpose for which it is being implemented or issued, then logic says you can't void it, nullify it, repeal it, suspend it, or anything else after that date has passed.
[42:33.760 --> 42:35.760]  It's a dead thing.
[42:35.760 --> 42:44.760]  It cannot be resurrected so that you can tamper with the information on it as if it was valid.
[42:44.760 --> 42:47.760]  And that was the gist of the case.
[42:47.760 --> 42:55.760]  You can't retroactively suspend a license that's already been expired for any length of time.
[42:55.760 --> 42:58.760]  It's just not possible.
[42:58.760 --> 43:03.760]  That goes back to the issue of falsifying a government document.
[43:03.760 --> 43:11.760]  It wasn't suspended before it expired, so how could it be suspended after it's expired?
[43:11.760 --> 43:15.760]  That's exactly the thought process there, and that's exactly what the court agreed on.
[43:15.760 --> 43:18.760]  It can't be done.
[43:18.760 --> 43:20.760]  But I'll see if I can find it.
[43:20.760 --> 43:25.760]  If you'll send me an email that I can reply back to, if I find it, I'll reply back to it.
[43:25.760 --> 43:27.760]  But I cannot promise you what the timeframe for that will be.
[43:27.760 --> 43:35.760]  I'll do the best I can, but I'm still in the middle of a whole bunch of stuff here that I've got on my plate, so I'll do what I can with it, okay?
[43:35.760 --> 43:37.760]  Okay, I appreciate it.
[43:37.760 --> 43:41.760]  I'll also go to Google Scholar to see if you can find it. Just type in those words.
[43:41.760 --> 43:52.760]  Just tell it you're not looking for a case, and then you can put in a license, expired, and so on and so forth, suspended, and see what you get back.
[43:52.760 --> 43:56.760]  Hang on just a second. Let me take this break, and then we'll finish this up, okay?
[43:56.760 --> 44:00.760]  Okay.
[44:00.760 --> 44:14.760]  Are you the plaintiff or defendant in a lawsuit?
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[46:01.760 --> 46:05.760]  I'm switching a thousand dreams.
[46:05.760 --> 46:09.760]  Made only by a million screens.
[46:09.760 --> 46:13.760]  I can hear the marching beat.
[46:13.760 --> 46:17.760]  We're moving into the street.
[46:17.760 --> 46:21.760]  I need you to be the newest today.
[46:21.760 --> 46:25.760]  They say the danger is gone away.
[46:25.760 --> 46:30.760]  But I can see the fires to the light.
[46:30.760 --> 46:33.760]  Burning into the night.
[46:33.760 --> 46:35.760]  There's too many men.
[46:35.760 --> 46:37.760]  Too many people.
[46:37.760 --> 46:40.760]  We get too many problems.
[46:40.760 --> 46:44.760]  And I'm hard to love you around.
[46:44.760 --> 46:48.760]  Can't see a single end of the future.
[46:51.760 --> 46:53.760]  This is the world.
[46:53.760 --> 46:55.760]  Hi, folks. We are back.
[46:55.760 --> 46:59.760]  This is Rule of Law Radio, the calling number 512-646-1984.
[46:59.760 --> 47:02.760]  And we are talking to Larry in Arizona.
[47:02.760 --> 47:05.760]  All right, Larry, let's see if we can wrap this up.
[47:05.760 --> 47:09.760]  The reason I was asking, Eddie, is you have talked about
[47:09.760 --> 47:14.760]  getting a certified copy of your driving record
[47:14.760 --> 47:18.760]  prior to letting your license expire.
[47:18.760 --> 47:21.760]  In my case, my license is expired.
[47:21.760 --> 47:23.760]  My license is suspended.
[47:23.760 --> 47:26.760]  And it expires in a couple of weeks.
[47:26.760 --> 47:29.760]  And I'm wondering how to handle that.
[47:29.760 --> 47:32.760]  Well, the thing about it is, is that most states
[47:32.760 --> 47:35.760]  have written into that law dealing with
[47:35.760 --> 47:39.760]  driving while license invalid covers a license
[47:39.760 --> 47:42.760]  that was suspended prior to expiration.
[47:42.760 --> 47:45.760]  It's still considered invalid and you're still violating
[47:45.760 --> 47:50.760]  their rules against driving if you have a license
[47:50.760 --> 47:52.760]  that's suspended when it expired.
[47:52.760 --> 47:57.760]  It doesn't solve anything if it's suspended before it expired.
[47:57.760 --> 48:00.760]  It doesn't just magically disappear because of it.
[48:00.760 --> 48:04.760]  Okay, so I have to clean it up before I can run around
[48:04.760 --> 48:05.760]  and say I'm just expired.
[48:05.760 --> 48:08.760]  Right. Whatever that entails.
[48:08.760 --> 48:10.760]  Okay, well, that's all I needed to know.
[48:10.760 --> 48:11.760]  I appreciate your time.
[48:11.760 --> 48:12.760]  Yes, sir.
[48:12.760 --> 48:14.760]  Okay, thank you.
[48:14.760 --> 48:16.760]  Yes, sir.
[48:16.760 --> 48:17.760]  All right.
[48:17.760 --> 48:22.760]  Now, next caller up on the board here is Andrew in Pennsylvania.
[48:22.760 --> 48:24.760]  Andrew, what do you got?
[48:24.760 --> 48:30.760]  Eddie, I am a little confused about statutory versus common law
[48:30.760 --> 48:33.760]  because you said that all statutory crimes are commercial
[48:33.760 --> 48:34.760]  or codified crimes.
[48:34.760 --> 48:36.760]  Wait, wait, wait, wait, wait, wait, wait.
[48:36.760 --> 48:37.760]  Back up.
[48:37.760 --> 48:38.760]  Slow down.
[48:38.760 --> 48:40.760]  Speak into your phone.
[48:40.760 --> 48:44.760]  And tell me what you think I said again.
[48:44.760 --> 48:46.760]  All statutory crimes are commercial.
[48:46.760 --> 48:48.760]  All codified crimes are commercial.
[48:48.760 --> 48:55.760]  No, you have never, ever heard me say that as it being a fact.
[48:55.760 --> 49:01.760]  I have said it as a point of how other people are trying to use it,
[49:01.760 --> 49:05.760]  and then I have given information showing why that premise is
[49:05.760 --> 49:11.760]  patently false, but I have never said that that is a fact.
[49:11.760 --> 49:16.760]  In fact, I have got posts on my blog and on Facebook about exactly
[49:16.760 --> 49:20.760]  that, saying exactly the opposite of that.
[49:20.760 --> 49:25.760]  It is idiotic to argue that all crimes are commercial because you
[49:25.760 --> 49:29.760]  are misreading the court case that you are taking that from.
[49:29.760 --> 49:33.760]  That is not what it says, nor is it what the statute that is being
[49:33.760 --> 49:38.760]  used in lieu of that court case actually says.
[49:38.760 --> 49:43.760]  It gives a very specific list of crimes that are considered
[49:43.760 --> 49:47.760]  commercial in nature, and if you read that list of crimes,
[49:47.760 --> 49:54.760]  you will find that every single one of them deals with monetary
[49:54.760 --> 49:57.760]  exchanges, even kidnapping.
[49:57.760 --> 49:58.760]  Why?
[49:58.760 --> 50:04.760]  Because the person is being held to force an exchange of money.
[50:04.760 --> 50:06.760]  Okay?
[50:06.760 --> 50:07.760]  Okay.
[50:07.760 --> 50:10.760]  So in the case of those specific crimes,
[50:10.760 --> 50:15.760]  crimes that are not on that list of commercial crimes, murder,
[50:15.760 --> 50:20.760]  assault, aggravated or simple, and many others,
[50:20.760 --> 50:28.760]  but any of them that deal with the crime itself being facilitated
[50:28.760 --> 50:35.760]  by the exchange of money, those are commercial crimes.
[50:35.760 --> 50:36.760]  Okay.
[50:36.760 --> 50:41.760]  So what I was going to ask to was that under the assumption that
[50:41.760 --> 50:44.760]  if someone, although crimes are commercial,
[50:44.760 --> 50:47.760]  could object to the commercial nexus if they're being charged with
[50:47.760 --> 50:53.760]  murder, because the statute says that they're in a commercial
[50:53.760 --> 50:57.760]  capacity, but you're saying no, that's not the way it works.
[50:57.760 --> 51:00.760]  That isn't how it works, and that is not what the statute says.
[51:00.760 --> 51:05.760]  Murder is specifically not listed in that list.
[51:05.760 --> 51:06.760]  Okay.
[51:06.760 --> 51:09.760]  Because I was looking at some of the docket sheets for people,
[51:09.760 --> 51:13.760]  and they say the respective statute, if they're going to charge you
[51:13.760 --> 51:18.760]  with a statute for a crime or an inflection,
[51:18.760 --> 51:23.760]  and you realize that to fight the cases to object to the
[51:23.760 --> 51:28.760]  commercial nexus, then I'm not trying to say people should get away
[51:28.760 --> 51:29.760]  with their crimes.
[51:29.760 --> 51:30.760]  Okay.
[51:30.760 --> 51:31.760]  Hold on.
[51:31.760 --> 51:32.760]  Hold on.
[51:32.760 --> 51:35.760]  Whether or not there is a commercial nexus depends upon the
[51:35.760 --> 51:37.760]  category of crime.
[51:37.760 --> 51:41.760]  If it's a regulatory crime, then it has to do with an agreement to
[51:41.760 --> 51:45.760]  abide by certain regulations in exchange for the receiving of
[51:45.760 --> 51:47.760]  certain privileges.
[51:47.760 --> 51:52.760]  That's what licensing is all about, and because those privileges
[51:52.760 --> 51:56.760]  have fees attached, they're commercial.
[51:56.760 --> 52:00.760]  And since the only thing the government is empowered by us to
[52:00.760 --> 52:05.760]  regulate through such means is commercial activity, they're
[52:05.760 --> 52:07.760]  commercial.
[52:07.760 --> 52:11.760]  However, the government does not have to be empowered by us,
[52:11.760 --> 52:17.760]  nor do we ourselves, to charge and try someone for murder.
[52:17.760 --> 52:20.760]  Money does not have to exchange hands for murder to be wrong,
[52:20.760 --> 52:22.760]  does it?
[52:22.760 --> 52:23.760]  Of course not.
[52:23.760 --> 52:24.760]  Okay.
[52:24.760 --> 52:27.760]  Kidnapping, the money does not have to actually change hands for
[52:27.760 --> 52:31.760]  the kidnapping to be wrong, but the fact is is that the entire
[52:31.760 --> 52:35.760]  reason the kidnapping took place was to facilitate that exchange.
[52:35.760 --> 52:36.760]  Right?
[52:36.760 --> 52:37.760]  Right.
[52:37.760 --> 52:38.760]  Okay.
[52:38.760 --> 52:41.760]  There's your distinctive difference.
[52:41.760 --> 52:42.760]  Right.
[52:42.760 --> 52:48.760]  And I cannot help but draw on the fact that Randy Gelton always
[52:48.760 --> 52:52.760]  seems to say common laws are made by judges, and you say it's
[52:52.760 --> 52:57.760] ... Well, Randy says it because that's what the attorneys are
[52:57.760 --> 53:00.760]  saying, and that's not exactly correct.
[53:00.760 --> 53:04.760]  The common law was established by the Magna Carta.
[53:04.760 --> 53:05.760]  Yeah.
[53:05.760 --> 53:09.760]  That is the law that was set to be common for all men.
[53:09.760 --> 53:13.760]  The statutes encompassed the common law because the statutes
[53:13.760 --> 53:19.760]  cannot violate the common law, and where they do, we have a right
[53:19.760 --> 53:22.760]  to challenge them as such.
[53:22.760 --> 53:23.760]  Okay?
[53:23.760 --> 53:27.760]  So all a statute is is codified common law.
[53:27.760 --> 53:31.760]  Common law in its original sense was not codified.
[53:31.760 --> 53:35.760]  It was 100% subject to interpretation in every instance,
[53:35.760 --> 53:39.760]  which means 10 guys can see it this way, another 10 that way,
[53:39.760 --> 53:42.760]  and another 10 completely different than everybody else.
[53:42.760 --> 53:47.760]  And whichever ones jurisdiction you were within, they won.
[53:47.760 --> 53:51.760]  No matter what you understood it to be, right or wrong.
[53:51.760 --> 53:55.760]  By codifying it, that guesswork is removed, at least until you
[53:55.760 --> 53:59.760]  change states, and then you have exactly the same situation.
[53:59.760 --> 54:01.760]  This state says it's not a crime.
[54:01.760 --> 54:03.760]  That state says it is a crime.
[54:03.760 --> 54:05.760]  So you're right back to the same issue you had with unwritten
[54:05.760 --> 54:09.760]  common law because what's right in Texas may get you ticketed
[54:09.760 --> 54:11.760]  or jailed in Louisiana.
[54:11.760 --> 54:13.760]  You see the problem?
[54:13.760 --> 54:14.760]  Yeah.
[54:14.760 --> 54:18.760]  So one didn't become worse just because it's written down.
[54:18.760 --> 54:24.760]  It became worse because it is no longer common,
[54:24.760 --> 54:28.760]  which is what the people are supposed to be able to expect no
[54:28.760 --> 54:31.760]  matter where they are, that their rights, benefits,
[54:31.760 --> 54:36.760]  and privileges do not change simply because of where they are
[54:36.760 --> 54:38.760]  in the U.S.
[54:38.760 --> 54:40.760]  Every state is supposed to treat them the same.
[54:40.760 --> 54:43.760]  Every state is supposed to respect the same law in relation
[54:43.760 --> 54:48.760]  to them, but they don't.
[54:48.760 --> 54:52.760]  And that was true whether it was common law unwritten
[54:52.760 --> 54:58.760]  or common law codified.
[54:58.760 --> 55:03.760]  Yes, and lastly, the thing about you saying that the
[55:03.760 --> 55:07.760]  government has ruled that it is illegal to file a commercial
[55:07.760 --> 55:11.760]  lien against, well, whatever, I'm wondering who is the
[55:11.760 --> 55:16.760]  government to fake itself above the law and make it say you
[55:16.760 --> 55:18.760]  cannot file a lien against us?
[55:18.760 --> 55:22.760]  Where is that authority coming from to say like this is right?
[55:22.760 --> 55:25.760]  Again, this is a misnomer.
[55:25.760 --> 55:27.760]  That is not what it says.
[55:27.760 --> 55:30.760]  That is not what the courts ruled.
[55:30.760 --> 55:34.760]  What the courts have said is that you cannot use commercial
[55:34.760 --> 55:40.760]  process liens to get your way, period.
[55:40.760 --> 55:42.760]  Okay?
[55:42.760 --> 55:46.760]  If, however, you have a lien that is established by a valid
[55:46.760 --> 55:54.760]  judgment, then the lien is 100% enforceable and applicable.
[55:54.760 --> 55:57.760]  Let's give you an example.
[55:57.760 --> 56:01.760]  I don't like a post you put on my Facebook page.
[56:01.760 --> 56:05.760]  You called me an idiot in the post and I take that personally.
[56:05.760 --> 56:09.760]  So I file a commercial lien against you for a $10,000 minimum
[56:09.760 --> 56:13.760]  because I feel slighted and disparaged in public and I want
[56:13.760 --> 56:16.760]  you to pay or you're not going to be able to sell whatever
[56:16.760 --> 56:19.760]  property I've attached that lien to.
[56:19.760 --> 56:23.760]  Do you think you would deserve that and that I would be
[56:23.760 --> 56:25.760]  justified in doing it?
[56:25.760 --> 56:26.760]  No, of course not.
[56:26.760 --> 56:27.760]  Okay.
[56:27.760 --> 56:32.760]  Well, welcome to the world of everybody else.
[56:32.760 --> 56:36.760]  Just because you lose in a court does not necessarily mean
[56:36.760 --> 56:40.760]  you lost dishonestly.
[56:40.760 --> 56:44.760]  99 times out of 100, the federal judge that said the reason
[56:44.760 --> 56:47.760]  most people are in jail is because they put themselves there
[56:47.760 --> 56:51.760]  is absolutely correct, especially those who went into court
[56:51.760 --> 56:54.760]  and tried to do things themselves but didn't bother to take
[56:54.760 --> 56:58.760]  the time and effort necessary to learn how to do it right.
[56:58.760 --> 57:01.760]  The very people I started off this show tonight talking about,
[57:01.760 --> 57:04.760]  in fact, that try to get everybody else to do the things
[57:04.760 --> 57:11.760]  they do so at least they have company in their cell block.
[57:11.760 --> 57:15.760]  So the point here is that the reason the liens were made illegal
[57:15.760 --> 57:18.760]  is because there's no judicial authority.
[57:18.760 --> 57:24.760]  There's no actual judgment or law behind the lien.
[57:24.760 --> 57:28.760]  If I can just arbitrarily file a lien against anybody for any
[57:28.760 --> 57:33.760]  reason I feel I want to, then who is safe?
[57:33.760 --> 57:36.760]  Yeah, it's just like there's no right to sue.
[57:36.760 --> 57:38.760]  Same principle, basically.
[57:38.760 --> 57:42.760]  Well, it's not that there's not a right to sue and they have
[57:42.760 --> 57:44.760]  made it almost impossible to sue.
[57:44.760 --> 57:47.760]  That part is correct and they've used illegal means to do that.
[57:47.760 --> 57:50.760]  I'll agree to that 100%.
[57:50.760 --> 57:53.760]  But the fact remains that without standing and grounds,
[57:53.760 --> 57:56.760]  you shouldn't be able to sue, should you?
[57:56.760 --> 58:01.760]  And if someone is doing the duty they're required to do and
[58:01.760 --> 58:04.760]  they're doing it correctly in accordance with all the rules
[58:04.760 --> 58:07.760]  and everything else, then they should not be made
[58:07.760 --> 58:15.760]  personally liable for having to do what they did.
[58:15.760 --> 58:18.760]  A judge who is doing his job correctly who is complying with
[58:18.760 --> 58:21.760]  law and all the due process rights of the individual should
[58:21.760 --> 58:24.760]  not have to be afraid that his home is going to be taken
[58:24.760 --> 58:30.760]  under a commercial lien because he sent the guy to jail.
[58:30.760 --> 58:34.760]  That guy who actually deserved to be in jail.
[58:34.760 --> 58:35.760]  You see the problem?
[58:35.760 --> 58:39.760]  Yeah.
[58:39.760 --> 58:42.760]  This is one of those areas where we can't do everything the
[58:42.760 --> 58:43.760]  same way all the time.
[58:43.760 --> 58:46.760]  That's why the law is not completely black and white
[58:46.760 --> 58:47.760]  in every case.
[58:47.760 --> 58:49.760]  Hang on and we'll finish this up.
[58:49.760 --> 58:53.760]  The Bible remains the most popular book in the world,
[58:53.760 --> 58:56.760]  yet countless readers are frustrated because they struggle
[58:56.760 --> 58:57.760]  to understand it.
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[59:01.760 --> 59:05.760]  but in the process can compromise the profound meaning of
[59:05.760 --> 59:06.760]  the Scripture.
[59:06.760 --> 59:08.760]  Enter the recovery version.
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[59:12.760 --> 59:16.760]  but the real story is the more than 9,000 explanatory
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[59:47.760 --> 59:50.760]  That's freestudybible.com.
[59:50.760 --> 59:53.760]  You are listening to the Logos Radio Network.
[59:53.760 --> 59:56.760]  LogosRadioNetwork.com.
[01:00:23.760 --> 01:00:28.760]  Logos Radio Network.
[01:00:53.760 --> 01:00:54.760]  Tign History.
[01:00:54.760 --> 01:00:58.760]  The year 1918, British women over the age of 30 who meet
[01:00:58.760 --> 01:01:01.760]  minimum property qualifications get the right to vote when
[01:01:01.760 --> 01:01:04.760]  the Representation of the People Act of 1918 was passed
[01:01:04.760 --> 01:01:06.760]  by parliament today in history.
[01:01:06.760 --> 01:01:09.760]  And recent news.
[01:01:09.760 --> 01:01:12.760]  Several Texas-based organizations filed a lawsuit today
[01:01:12.760 --> 01:01:15.760]  requesting that a federal court stop the state from flagging
[01:01:15.760 --> 01:01:18.760]  about 95,000 people as potentially illegally registered
[01:01:18.760 --> 01:01:19.760]  to vote.
[01:01:19.760 --> 01:01:22.760]  The list was compiled after an 11-month long investigation
[01:01:22.760 --> 01:01:25.760]  by the office of the Texas Secretary of State and the
[01:01:25.760 --> 01:01:28.760]  Texas Department of Public Safety which sought to identify
[01:01:28.760 --> 01:01:31.760]  non-U.S. citizens who were registered to vote when obtaining
[01:01:31.760 --> 01:01:33.760]  age arbitrage license.
[01:01:33.760 --> 01:01:36.760]  Over half of the 95,000 did indeed vote it seems.
[01:01:36.760 --> 01:01:39.760]  However, further controversy was raised when it became clear
[01:01:39.760 --> 01:01:42.760]  that some of the names were not in fact belonging to those
[01:01:42.760 --> 01:01:44.760]  who were non-citizens and registered.
[01:01:44.760 --> 01:01:47.760]  Apparently around 25% of all Latino immigrants become
[01:01:47.760 --> 01:01:50.760]  naturalized, gaining the right to vote.
[01:01:50.760 --> 01:01:53.760]  Registered voters who receive letters querying their citizenship
[01:01:53.760 --> 01:01:56.760]  have 30 days to respond with proof of eligibility.
[01:01:56.760 --> 01:01:59.760]  Texas Attorney General Ken Paxton and David Whitley,
[01:01:59.760 --> 01:02:02.760]  the Texas Secretary of State, have yet to officially comment
[01:02:02.760 --> 01:02:05.760]  regarding this list and any updates pertaining to it.
[01:02:05.760 --> 01:02:11.760]  A Texas man of only 24 years old, William Brown,
[01:02:11.760 --> 01:02:14.760]  died from a severed artery in his neck after a vape pen
[01:02:14.760 --> 01:02:16.760]  exploded while he was using it.
[01:02:16.760 --> 01:02:19.760]  It apparently happened in the parking lot of the vape shop
[01:02:19.760 --> 01:02:20.760]  where he got it.
[01:02:20.760 --> 01:02:22.760]  An X-ray revealed that a piece of metal was embedded
[01:02:22.760 --> 01:02:24.760]  in his brainstem.
[01:02:24.760 --> 01:02:28.760]  The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:28.760 --> 01:02:32.760]  First edition anchorwoman, Kristen Diaz,
[01:02:32.760 --> 01:02:35.760]  interviewed Aislin Campbell, the executive director of
[01:02:35.760 --> 01:02:37.760]  Grow Local, South Texas, concerning the upcoming
[01:02:37.760 --> 01:02:40.760]  Texas Organic Farmers and Gardeners Association conference
[01:02:40.760 --> 01:02:43.760]  which will be taking place at the Corpus Christi Omni Hotel
[01:02:43.760 --> 01:02:47.760]  from February 14th to 16th, 6 to 9 p.m.
[01:02:47.760 --> 01:02:51.760]  You can find the interview at kiitv.com.
[01:02:51.760 --> 01:03:19.760]  This is Rick Rody with your lowdown for February 6th, 2019.
[01:03:19.760 --> 01:03:36.760]  Alright folks, we are back.
[01:03:36.760 --> 01:03:42.760]  This is Rula Ball Radio, the calling number 512-646-1984.
[01:03:42.760 --> 01:03:44.760]  Give us a call, get in line.
[01:03:44.760 --> 01:03:46.760]  I've only got a couple of callers up on the board.
[01:03:46.760 --> 01:03:48.760]  I'm about to finish up with one of them.
[01:03:48.760 --> 01:03:51.760]  Alright, Andrew, let's wrap this up.
[01:03:51.760 --> 01:03:56.760]  Okay, one other thing, when I interviewed Dave Champion,
[01:03:56.760 --> 01:04:01.760]  he actually said that the ticket that you buy at the airport
[01:04:01.760 --> 01:04:07.760]  is a contract of a heating, which is banned by case law,
[01:04:07.760 --> 01:04:11.760]  which raises the question, why hasn't anybody won a lawsuit
[01:04:11.760 --> 01:04:16.760]  against a PSA on the ground that the contract of a heating
[01:04:16.760 --> 01:04:19.760]  ticket is illegal?
[01:04:19.760 --> 01:04:22.760]  Well, how do you know anyone has challenged it
[01:04:22.760 --> 01:04:27.760]  as an illegal ahesion contract?
[01:04:27.760 --> 01:04:29.760]  How can you say why hasn't anybody won
[01:04:29.760 --> 01:04:35.760]  if you can't show anyone's ever filed a case of trial to win?
[01:04:35.760 --> 01:04:36.760]  Good question.
[01:04:36.760 --> 01:04:39.760]  That's kind of like, how come nobody's ever been prosecuted
[01:04:39.760 --> 01:04:44.760]  for shooting somebody with an empty gun?
[01:04:44.760 --> 01:04:46.760]  Does it?
[01:04:46.760 --> 01:04:48.760]  Right.
[01:04:48.760 --> 01:04:51.760]  So it's kind of conflict between you have no rights to border
[01:04:51.760 --> 01:04:54.760]  versus contract of ahesion.
[01:04:54.760 --> 01:04:57.760]  So how do we make sense of that?
[01:04:57.760 --> 01:05:01.760]  Well, again, what part of that are you trying to make sense of?
[01:05:01.760 --> 01:05:05.760]  I don't know what context you and Dave were having this discussion
[01:05:05.760 --> 01:05:08.760]  in order for him to say that there's any part of it
[01:05:08.760 --> 01:05:10.760]  that's an ahesion.
[01:05:10.760 --> 01:05:13.760]  I'm not saying it's not, and I'm not arguing with him or you.
[01:05:13.760 --> 01:05:16.760]  You're simply saying, what is it you're trying to enforce?
[01:05:16.760 --> 01:05:20.760]  What is it they're doing that is wrong that would make it
[01:05:20.760 --> 01:05:25.760]  unenforceable as an ahesion contract?
[01:05:25.760 --> 01:05:31.760]  You've got to give something up in order to get what the contract
[01:05:31.760 --> 01:05:33.760]  says you can get.
[01:05:33.760 --> 01:05:34.760]  Okay.
[01:05:34.760 --> 01:05:41.760]  Then how does one get standing to go after them for that?
[01:05:41.760 --> 01:05:44.760]  I guess you have to show the case law that says
[01:05:44.760 --> 01:05:49.760]  contracts of ahesion are forbidden.
[01:05:49.760 --> 01:05:55.760]  Again, until you bring it up and show how it's a contract
[01:05:55.760 --> 01:06:00.760]  of ahesion, that's not an answer.
[01:06:00.760 --> 01:06:01.760]  Okay.
[01:06:01.760 --> 01:06:04.760]  You just said that in order that you have to give something up
[01:06:04.760 --> 01:06:08.760]  for something else, but you didn't give me the other part
[01:06:08.760 --> 01:06:12.760]  that's required for it to be considered an ahesion contract,
[01:06:12.760 --> 01:06:16.760]  which is, is that it's a one-sided agreement for which you
[01:06:16.760 --> 01:06:21.760]  receive no benefit and they get it all.
[01:06:21.760 --> 01:06:22.760]  Okay.
[01:06:22.760 --> 01:06:26.760]  Which is also an unconscionable contract.
[01:06:26.760 --> 01:06:31.760]  So where does it fall within the category of either by what
[01:06:31.760 --> 01:06:37.760]  action, what is someone being deprived of based upon the terms
[01:06:37.760 --> 01:06:42.760]  associated with this ticket that would make it an illegal
[01:06:42.760 --> 01:06:47.760]  ahesion contract if what they're being deprived of comes to
[01:06:47.760 --> 01:06:48.760]  fruition?
[01:06:48.760 --> 01:06:51.760]  That's the only way they could get standing is to be deprived
[01:06:51.760 --> 01:06:55.760]  of that thing that they're supposed to receive in return or
[01:06:55.760 --> 01:06:58.760]  are being denied in return because there's no requirement to
[01:06:58.760 --> 01:07:03.760]  give it even though there's an exchange, it's supposed to be.
[01:07:03.760 --> 01:07:08.760]  So until someone is deprived of that thing and brings it up
[01:07:08.760 --> 01:07:11.760]  as such and saying that this is an illegal ahesion contract,
[01:07:11.760 --> 01:07:15.760]  that they're taking this away from me, yet I did nothing wrong
[01:07:15.760 --> 01:07:17.760]  to deserve it being taken away from me.
[01:07:17.760 --> 01:07:21.760]  I didn't violate any of the terms or anything like that in order
[01:07:21.760 --> 01:07:27.760]  to make the case that it's an ahesion contract.
[01:07:27.760 --> 01:07:28.760]  Okay.
[01:07:28.760 --> 01:07:31.760]  I know what I heard in my interview with Penny.
[01:07:31.760 --> 01:07:34.760]  I thought I'd bring it up.
[01:07:34.760 --> 01:07:35.760]  Okay.
[01:07:35.760 --> 01:07:40.760]  Well, again, I'm sure that what Dave said is accurate in some
[01:07:40.760 --> 01:07:47.760]  given context, but I don't know what that context was.
[01:07:47.760 --> 01:07:51.760]  And I don't know how you're asking the question to determine
[01:07:51.760 --> 01:07:54.760]  how to put it in a context.
[01:07:54.760 --> 01:07:58.760]  If no one's filed a suit about it, then there's nothing to be
[01:07:58.760 --> 01:08:00.760]  addressed in a court about it.
[01:08:00.760 --> 01:08:01.760]  That's simple.
[01:08:01.760 --> 01:08:05.760]  If it is an illegal contract and the court rules that it is,
[01:08:05.760 --> 01:08:08.760]  then whatever it did is not enforceable and their rule is
[01:08:08.760 --> 01:08:09.760]  such.
[01:08:09.760 --> 01:08:13.760]  But until they determine that it's an actual ahesion contract
[01:08:13.760 --> 01:08:16.760]  because there's an actual issue that brings that question to
[01:08:16.760 --> 01:08:25.760]  the forefront of the court's attention, then what's wrong?
[01:08:25.760 --> 01:08:29.760]  It's like trying to set somebody's leg before they broke it.
[01:08:29.760 --> 01:08:30.760]  Yeah.
[01:08:30.760 --> 01:08:34.760]  Thank you, Eddie.
[01:08:34.760 --> 01:08:35.760]  Okay.
[01:08:35.760 --> 01:08:37.760]  I hope it helps.
[01:08:37.760 --> 01:08:38.760]  Take care.
[01:08:38.760 --> 01:08:39.760]  All right.
[01:08:39.760 --> 01:08:40.760]  Bye-bye.
[01:08:40.760 --> 01:08:41.760]  All right.
[01:08:41.760 --> 01:08:46.760]  Now I have a caller up here that is not identified.
[01:08:46.760 --> 01:08:50.760]  Area Code 972, are you there?
[01:08:50.760 --> 01:08:51.760]  Yes, sir.
[01:08:51.760 --> 01:08:52.760]  All right.
[01:08:52.760 --> 01:08:53.760]  Who am I talking to?
[01:08:53.760 --> 01:08:54.760]  Hey, Eddie.
[01:08:54.760 --> 01:08:55.760]  My name is BJ.
[01:08:55.760 --> 01:08:56.760]  I've called you before.
[01:08:56.760 --> 01:08:57.760]  I just got a new phone number.
[01:08:57.760 --> 01:08:59.760]  Oh, okay.
[01:08:59.760 --> 01:09:00.760]  BJ from where?
[01:09:00.760 --> 01:09:01.760]  B like boy from Rockwell.
[01:09:01.760 --> 01:09:02.760]  Oh, BJ.
[01:09:02.760 --> 01:09:03.760]  Quinlan, Texas.
[01:09:03.760 --> 01:09:04.760]  Okay.
[01:09:04.760 --> 01:09:05.760]  All right.
[01:09:05.760 --> 01:09:06.760]  BJ and Rockwell.
[01:09:06.760 --> 01:09:07.760]  All right.
[01:09:07.760 --> 01:09:12.760]  So I got a couple questions about, I got some tickets in Rockwell,
[01:09:12.760 --> 01:09:22.760]  Texas, wrong license plate and speeding, a file, all the paperwork,
[01:09:22.760 --> 01:09:24.760]  challenging jurisdiction and all that.
[01:09:24.760 --> 01:09:33.760]  A couple of simple questions about the Texas code of criminal procedure
[01:09:33.760 --> 01:09:48.760]  and misdemeanors 25.04 says that a clerk shall issue a notice to me or to the person
[01:09:48.760 --> 01:09:54.760]  to keep as soon as possible that a case has been brought against them.
[01:09:54.760 --> 01:09:56.760]  Well, that's for an indictment.
[01:09:56.760 --> 01:09:57.760]  Right.
[01:09:57.760 --> 01:10:02.760]  These are Class C fine only citations, right?
[01:10:02.760 --> 01:10:05.760]  Sorry, say that again.
[01:10:05.760 --> 01:10:09.760]  These are Class C fine only traffic citations, right?
[01:10:09.760 --> 01:10:10.760]  Yes, sir.
[01:10:10.760 --> 01:10:16.760]  Then the first place you need to be reading is Chapter 45, not 25.
[01:10:16.760 --> 01:10:20.760]  Okay, even though it says misdemeanor.
[01:10:20.760 --> 01:10:22.760]  There are multiple kinds of misdemeanors.
[01:10:22.760 --> 01:10:25.760]  There's C, there's B, there's A.
[01:10:25.760 --> 01:10:26.760]  Okay.
[01:10:26.760 --> 01:10:31.760]  C is the one that's not jailable while B and A can both have jail sentences as
[01:10:31.760 --> 01:10:33.760]  part of the punishment.
[01:10:33.760 --> 01:10:35.760]  Right.
[01:10:35.760 --> 01:10:36.760]  Okay.
[01:10:36.760 --> 01:10:46.760]  So I should look in Section 40 or Chapter 45 for the same sort of shall issue.
[01:10:46.760 --> 01:10:50.760]  45.018B as in Bravo or BJ.
[01:10:50.760 --> 01:10:51.760]  Okay.
[01:10:51.760 --> 01:10:53.760]  Okay.
[01:10:53.760 --> 01:10:55.760]  45018.
[01:10:55.760 --> 01:10:59.760]  45.018.
[01:10:59.760 --> 01:11:02.760]  Okay.
[01:11:02.760 --> 01:11:09.760]  And should I file, how do I file a complaint against a clerk that way?
[01:11:09.760 --> 01:11:15.760]  Because it took almost a year to get access to that complaint.
[01:11:15.760 --> 01:11:20.760]  Well, how's that the clerk's problem or fault?
[01:11:20.760 --> 01:11:26.760]  Well, I was going on the mistaken assumption, obviously, that 25.045, which is all I'm
[01:11:26.760 --> 01:11:28.760]  calling you.
[01:11:28.760 --> 01:11:34.760]  But the thing is, is the clerk is not the person who issues an indictment, a
[01:11:34.760 --> 01:11:39.760]  grand jury is, even if 25 applied, which in this case it does not.
[01:11:39.760 --> 01:11:43.760]  But even if it did, an indictment is handed down by a grand jury.
[01:11:43.760 --> 01:11:47.760]  An indictment is something that a prosecuting attorney has to get prepared
[01:11:47.760 --> 01:11:52.760]  and submit to the grand jury unless the grand jury implements one itself from
[01:11:52.760 --> 01:11:54.760]  its own information.
[01:11:54.760 --> 01:11:55.760]  Okay.
[01:11:55.760 --> 01:11:58.760]  This is still in place where they would still have to, someone on the grand jury
[01:11:58.760 --> 01:12:00.760]  would have to file an actual complaint.
[01:12:00.760 --> 01:12:04.760]  It would have to be submitted to a court or to a prosecuting attorney who would
[01:12:04.760 --> 01:12:06.760]  then have to reduce the complaint to an information.
[01:12:06.760 --> 01:12:09.760]  And then the complaint and information would have to go back into the grand jury
[01:12:09.760 --> 01:12:12.760]  room and be investigated and reviewed.
[01:12:12.760 --> 01:12:16.760]  And then they would have to indict based upon the information contained therein
[01:12:16.760 --> 01:12:20.760]  and any other evidence they chose to look at through the course of it.
[01:12:20.760 --> 01:12:21.760]  Okay.
[01:12:21.760 --> 01:12:24.760]  But that is not what happens in a class C, finally.
[01:12:24.760 --> 01:12:28.760]  It's supposed to be what happens, but it's not what happens.
[01:12:28.760 --> 01:12:29.760]  Right.
[01:12:29.760 --> 01:12:30.760]  Okay.
[01:12:30.760 --> 01:12:36.760]  Under Chapter 45, the only requirement there in relation to notice is that you
[01:12:36.760 --> 01:12:43.760]  are entitled to a copy of the criminal complaint no later than one day prior,
[01:12:43.760 --> 01:12:47.760]  and now I think they've changed it to five days.
[01:12:47.760 --> 01:12:50.760]  Well, I actually know that's for something else.
[01:12:50.760 --> 01:12:55.760]  No later than one day prior to trial on the merits.
[01:12:55.760 --> 01:12:59.760]  So that would be the, like, preliminary hearing what should be an
[01:12:59.760 --> 01:13:01.760]  examining trial, I guess?
[01:13:01.760 --> 01:13:05.760]  Well, the thing is, is how can they have an examining trial without a complaint
[01:13:05.760 --> 01:13:06.760]  to begin with?
[01:13:06.760 --> 01:13:10.760]  What are they examining into when no complaint exists?
[01:13:10.760 --> 01:13:11.760]  Gotcha.
[01:13:11.760 --> 01:13:17.760]  So by, by pleading not guilty and requesting a trial, I essentially
[01:13:17.760 --> 01:13:21.760]  waive that right.
[01:13:21.760 --> 01:13:25.760]  The moment you enter a plea, you waive the fact that you didn't have the
[01:13:25.760 --> 01:13:26.760]  complaint.
[01:13:26.760 --> 01:13:27.760]  Absolutely.
[01:13:27.760 --> 01:13:28.760]  Okay.
[01:13:28.760 --> 01:13:30.760]  That's why we don't do it.
[01:13:30.760 --> 01:13:31.760]  Right.
[01:13:31.760 --> 01:13:32.760]  All right.
[01:13:32.760 --> 01:13:35.760]  This is what 45.018B currently reads.
[01:13:35.760 --> 01:13:40.760]  A defendant is entitled to notice of a complaint against a defendant not later
[01:13:40.760 --> 01:13:44.760]  than the day before the date of any proceeding in the prosecution of the
[01:13:44.760 --> 01:13:47.760]  defendant under the complaint.
[01:13:47.760 --> 01:13:48.760]  Okay.
[01:13:48.760 --> 01:13:52.760]  The defendant may waive the right to notice granted by this subsection.
[01:13:52.760 --> 01:13:54.760]  Now, here's the deal.
[01:13:54.760 --> 01:13:55.760]  I'm sorry.
[01:13:55.760 --> 01:13:59.760]  I misquoted the one day prior to trial on the merits deals with challenging
[01:13:59.760 --> 01:14:03.760]  the validity of the complaint, giving you a copy of the complaint they're
[01:14:03.760 --> 01:14:08.760]  required to do before they hold any action that involves a step of the
[01:14:08.760 --> 01:14:11.760]  prosecution, including your pretrial.
[01:14:11.760 --> 01:14:15.760]  In other words, they're supposed to serve you before you make any
[01:14:15.760 --> 01:14:19.760]  appearances or anything else in this case, because all of those
[01:14:19.760 --> 01:14:23.760]  appearances are steps in the proceeding of prosecution.
[01:14:23.760 --> 01:14:27.760]  And this statute right here says they're required to give you notice
[01:14:27.760 --> 01:14:28.760]  before that happens.
[01:14:28.760 --> 01:14:34.760]  And it has to be no later than one day before it happens.
[01:14:34.760 --> 01:14:35.760]  Okay.
[01:14:35.760 --> 01:14:39.760]  Now, if you enter a plea, you waived all that.
[01:14:39.760 --> 01:14:40.760]  Gotcha.
[01:14:40.760 --> 01:14:42.760]  So, I'll do that.
[01:14:42.760 --> 01:14:45.760]  I'll not do that in the future.
[01:14:45.760 --> 01:14:49.760]  And that's the notice to appear a scam, right?
[01:14:49.760 --> 01:14:50.760]  Exactly.
[01:14:50.760 --> 01:14:51.760]  Okay.
[01:14:51.760 --> 01:14:58.760]  A follow-up question to that is on the affidavit for arrest warrant that I
[01:14:58.760 --> 01:15:06.760]  just got to see today, one of the tickets I got cited for was a display
[01:15:06.760 --> 01:15:13.760]  of wrong license plate, which I had the correct license plate on there.
[01:15:13.760 --> 01:15:16.760]  They were just vertical instead of horizontal on the rear.
[01:15:16.760 --> 01:15:23.760]  It was attached to a spare tire carrier on my trailer hitch, which the
[01:15:23.760 --> 01:15:28.760]  tire would be blocking if I didn't attach it outside the tire.
[01:15:28.760 --> 01:15:37.760]  So, since that is on the affidavit that the officer submitted the court and
[01:15:37.760 --> 01:15:45.760]  it's on the ticket, and it's clearly the right place, what do you suggest as
[01:15:45.760 --> 01:15:50.760]  far as should I file a motion to dismiss that now or should I actually wait
[01:15:50.760 --> 01:15:52.760]  till trial and use it?
[01:15:52.760 --> 01:15:54.760]  Is there an advantage to one or the other?
[01:15:54.760 --> 01:15:57.760]  Well, you can motion to quash that complaint.
[01:15:57.760 --> 01:16:02.760]  There will be a separate complaint or separate section in a complaint for
[01:16:02.760 --> 01:16:05.760]  each charge they're trying to make against you.
[01:16:05.760 --> 01:16:06.760]  Okay.
[01:16:06.760 --> 01:16:11.760]  So, you will file a motion to quash because there's no evidence supporting
[01:16:11.760 --> 01:16:15.760]  the elements necessary to prove the charge.
[01:16:15.760 --> 01:16:16.760]  Okay.
[01:16:16.760 --> 01:16:18.760]  So, basically it's a two-pronged attack.
[01:16:18.760 --> 01:16:23.760]  Failure to state a claim upon which relief can be granted and no criminal
[01:16:23.760 --> 01:16:28.760]  or the state cannot prove the required elements of the offense.
[01:16:28.760 --> 01:16:29.760]  Gotcha.
[01:16:29.760 --> 01:16:35.760]  Not only did the state fail to allege all the necessary elements, thus
[01:16:35.760 --> 01:16:39.760]  they failed to state a claim, they also have no evidence to prove the
[01:16:39.760 --> 01:16:42.760]  necessary elements, thus they have no case.
[01:16:42.760 --> 01:16:44.760]  Gotcha.
[01:16:44.760 --> 01:16:46.760]  So, trial or...
[01:16:46.760 --> 01:16:50.760]  But you need to read that statute and see if it specifically addresses
[01:16:50.760 --> 01:16:54.760]  anything in relation to putting the plate in the incorrect position.
[01:16:54.760 --> 01:16:55.760]  Hang on just a second.
[01:16:55.760 --> 01:16:59.760]  We'll finish this up on the other side.
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[01:17:18.760 --> 01:17:20.760]  using federal civil rights statutes.
[01:17:20.760 --> 01:17:24.760]  What to do when contacted by phone, mail, or court summons.
[01:17:24.760 --> 01:17:26.760]  How to answer letters and phone calls.
[01:17:26.760 --> 01:17:28.760]  How to get debt collectors out of your credit report.
[01:17:28.760 --> 01:17:33.760]  How to turn the financial tables on them and make them pay you to go away.
[01:17:33.760 --> 01:17:38.760]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[01:17:38.760 --> 01:17:40.760]  Personal consultation is available as well.
[01:17:40.760 --> 01:17:46.760]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[01:17:46.760 --> 01:17:49.760]  or email Michael Mirris at yahoo.com.
[01:17:49.760 --> 01:17:57.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.760 --> 01:18:00.760]  To learn how to stop debt collectors now.
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[01:20:09.760 --> 01:20:11.760]  This is Rule of Law Radio.
[01:20:11.760 --> 01:20:14.760]  The call in number 512-646-1984.
[01:20:14.760 --> 01:20:16.760]  We've got three more segments left in the show.
[01:20:16.760 --> 01:20:20.760]  And right now, I am talking to BJ and Rockwall, Texas.
[01:20:20.760 --> 01:20:22.760]  All right, BJ, continue.
[01:20:22.760 --> 01:20:26.760]  All right, so the rear plate was vertical.
[01:20:26.760 --> 01:20:29.760]  You know, it matched my registration sticker and front plate and everything.
[01:20:29.760 --> 01:20:36.760]  He cited on the ticket 504.945 wrong fictitious altered obscured license plate.
[01:20:36.760 --> 01:20:44.760]  But on the note, officer notes that I saw today on the file, he wrote in citation written
[01:20:44.760 --> 01:20:52.760]  for license plate violation due to administrative code violation not being listed.
[01:20:52.760 --> 01:21:06.760]  So the only thing that I find in, I find the Texas administrative code chapter 217,
[01:21:06.760 --> 01:21:18.760]  sub chapter B. Yeah, it says, unless otherwise prescribed by law, must display two license
[01:21:18.760 --> 01:21:24.760]  plates, one on the exterior front, exterior rear, more than 12 inches from the ground.
[01:21:24.760 --> 01:21:25.760]  That's the car.
[01:21:25.760 --> 01:21:28.760]  We're talking about a car or a trailer?
[01:21:28.760 --> 01:21:40.760]  Well, it was a Jeep and it had a trailer hitch and I welded up a cargo deck kind of
[01:21:40.760 --> 01:21:47.760]  thing out of scrap metal that I attached the spare tire to carry it on the outside.
[01:21:47.760 --> 01:21:50.760]  And because they're big tires and don't fit inside.
[01:21:50.760 --> 01:21:57.760]  And on the outside of that, there I attached the license plate and it was vertical instead
[01:21:57.760 --> 01:22:04.760]  of horizontal, but it was correct and visible, not obstructed.
[01:22:04.760 --> 01:22:14.760]  So I'm trying to decide how is there anything in the statute that says it has to be horizontal
[01:22:14.760 --> 01:22:20.760]  or does it simply say it has to be visible and legible?
[01:22:20.760 --> 01:22:24.760]  Let's see.
[01:22:24.760 --> 01:22:36.760]  On a, well, I don't have, I'm looking at a piece of paper I've got with the printout.
[01:22:36.760 --> 01:22:44.760]  It says, Texas Transportation Code 6212061, may place the rear plate so that it is clearly
[01:22:44.760 --> 01:22:54.760]  visible or be fastened at or as close as practical to the exterior rear of the vehicle, not less
[01:22:54.760 --> 01:22:55.760]  than 12 inches from the ground.
[01:22:55.760 --> 01:22:56.760]  There you go.
[01:22:56.760 --> 01:22:58.760]  As close as is practical.
[01:22:58.760 --> 01:22:59.760]  Yeah.
[01:22:59.760 --> 01:23:00.760]  Okay.
[01:23:00.760 --> 01:23:06.760]  Now, the next thing you need to get a copy of the cops video because it's going to be
[01:23:06.760 --> 01:23:09.760]  from behind you showing that plate, correct?
[01:23:09.760 --> 01:23:10.760]  Yes, sir.
[01:23:10.760 --> 01:23:12.760]  And I have other pictures as well.
[01:23:12.760 --> 01:23:16.760]  Well, but the problem is, is your other pictures didn't come from the same source that's going
[01:23:16.760 --> 01:23:18.760]  to be testifying to it.
[01:23:18.760 --> 01:23:19.760]  Did they?
[01:23:19.760 --> 01:23:20.760]  Gotcha.
[01:23:20.760 --> 01:23:21.760]  Right.
[01:23:21.760 --> 01:23:22.760]  Okay.
[01:23:22.760 --> 01:23:25.760]  So that your pictures, even if you put it in an affidavit, you thought to testify that
[01:23:25.760 --> 01:23:28.760]  you didn't alter it in any way and blah, blah, blah and all that.
[01:23:28.760 --> 01:23:32.760]  And once you take the stand, you run the risk of cross-examination.
[01:23:32.760 --> 01:23:38.760]  The goal here is to use evidence from sources that you can impeach but can't be used to
[01:23:38.760 --> 01:23:39.760]  impeach you.
[01:23:39.760 --> 01:23:40.760]  Gotcha.
[01:23:40.760 --> 01:23:42.760]  That's a good thing.
[01:23:42.760 --> 01:23:49.760]  So by using their video, which is what they're going to be testifying to, you can refute their
[01:23:49.760 --> 01:23:56.760]  testimony by using their own video and it doesn't call into question you as a witness.
[01:23:56.760 --> 01:23:57.760]  Gotcha.
[01:23:57.760 --> 01:23:58.760]  Okay.
[01:23:58.760 --> 01:24:08.760]  So any advice on how to deal with the officer notes on the citation that says written for
[01:24:08.760 --> 01:24:09.760]  the office notes?
[01:24:09.760 --> 01:24:13.760]  Do those officers' notes appear in a criminal complaint?
[01:24:13.760 --> 01:24:18.760]  They only appear on the citation, not on the complaint itself.
[01:24:18.760 --> 01:24:20.760]  It says, like, an agreement.
[01:24:20.760 --> 01:24:21.760]  Okay.
[01:24:21.760 --> 01:24:23.760]  Were they on the copy of the citation you were given?
[01:24:23.760 --> 01:24:24.760]  No.
[01:24:24.760 --> 01:24:25.760]  Okay.
[01:24:25.760 --> 01:24:30.760]  Then what you have is behind the scenes communication between the officers, the prosecutors and the
[01:24:30.760 --> 01:24:33.760]  court because the court looks at those citations.
[01:24:33.760 --> 01:24:35.760]  The court has access to those citations.
[01:24:35.760 --> 01:24:39.760]  That means that there is information and evidence being presented to the court that is not being
[01:24:39.760 --> 01:24:42.760]  made known to the accused.
[01:24:42.760 --> 01:24:45.760]  That could prejudice the court's determination of this.
[01:24:45.760 --> 01:24:52.760]  It's like the Texas courts, the high courts have ruled that it was illegal for a court
[01:24:52.760 --> 01:24:59.760]  to convict someone based upon notes that an officer was writing on the back of their citation
[01:24:59.760 --> 01:25:02.760]  when they submitted it to the court.
[01:25:02.760 --> 01:25:08.760]  And the court was using those notes against the individual but never telling the individual
[01:25:08.760 --> 01:25:10.760]  they existed.
[01:25:10.760 --> 01:25:14.760]  This is exactly the same kind of deal.
[01:25:14.760 --> 01:25:15.760]  Okay.
[01:25:15.760 --> 01:25:17.760]  Do you happen to remember what kind of...
[01:25:17.760 --> 01:25:18.760]  I do not.
[01:25:18.760 --> 01:25:22.760]  You're going to have to get on there and find it but I know it exists, I've seen it.
[01:25:22.760 --> 01:25:27.760]  And the same thing is true of the prosecutor's notes in the prosecutorial record.
[01:25:27.760 --> 01:25:30.760]  The prosecutor makes notes and annotations.
[01:25:30.760 --> 01:25:36.760]  For instance, one of the traffic tickets I was fighting way back when in a JP court, I told
[01:25:36.760 --> 01:25:41.760]  the judge I needed a recess before the trial began because I had never been allowed access
[01:25:41.760 --> 01:25:47.760]  to the prosecutorial record that the prosecuting attorney was going to be submitting to the court.
[01:25:47.760 --> 01:25:48.760]  Okay.
[01:25:48.760 --> 01:25:50.760]  And the court said, oh, okay, well, that's fair.
[01:25:50.760 --> 01:25:52.760]  You're supposed to have access to that.
[01:25:52.760 --> 01:25:56.760]  They had never even given me a copy of the so-called complaint.
[01:25:56.760 --> 01:25:57.760]  All right?
[01:25:57.760 --> 01:26:01.760]  So I went in the back room and I was looking at the record and the prosecutor standing
[01:26:01.760 --> 01:26:03.760]  there going, asking, do I have any questions?
[01:26:03.760 --> 01:26:05.760]  I said, I might when I'm done reading.
[01:26:05.760 --> 01:26:06.760]  Hang on.
[01:26:06.760 --> 01:26:10.760]  And I keep flipping through it and there's all these handwritten notes down the side
[01:26:10.760 --> 01:26:11.760]  and that's the prosecutor.
[01:26:11.760 --> 01:26:14.760]  How long has the court been in possession of this record?
[01:26:14.760 --> 01:26:18.760]  And he's like, well, since the day I filed it, I said, well, how long has that been?
[01:26:18.760 --> 01:26:20.760]  I said, probably four or five months.
[01:26:20.760 --> 01:26:25.760]  So you're saying that all these notes that you entered into this record have been sitting
[01:26:25.760 --> 01:26:30.760]  in the clerk's hands and before this judge for months, but you've never given me a copy
[01:26:30.760 --> 01:26:31.760]  of any of this.
[01:26:31.760 --> 01:26:39.760]  One of the notes he had put on it was that I was Republic of Texas and I wasn't.
[01:26:39.760 --> 01:26:42.760]  Hell, I didn't even know who they were at that time.
[01:26:42.760 --> 01:26:48.760]  But because I was challenging the ticket, he had put a false note in here saying that I'm
[01:26:48.760 --> 01:26:53.760]  a Republic of Texas individual and of course you just ignore everything I was saying.
[01:26:53.760 --> 01:26:54.760]  Wow.
[01:26:54.760 --> 01:26:57.760]  You know what really ticked him off?
[01:26:57.760 --> 01:26:58.760]  What's that?
[01:26:58.760 --> 01:26:59.760]  I won the case.
[01:26:59.760 --> 01:27:01.760]  The jury ruled in my favor.
[01:27:01.760 --> 01:27:02.760]  All right.
[01:27:02.760 --> 01:27:03.760]  Okay.
[01:27:03.760 --> 01:27:07.760]  But I went back in there and I read the riot act to that judge about what that prosecutor
[01:27:07.760 --> 01:27:12.760]  had done with this file and how they were making false and malicious statements to sway the
[01:27:12.760 --> 01:27:17.760]  prosecutorial conduct of the court by making these entries and never providing a copy
[01:27:17.760 --> 01:27:19.760]  of it to the accused individual.
[01:27:19.760 --> 01:27:20.760]  Oh, man.
[01:27:20.760 --> 01:27:25.760]  The judge couldn't get the jury out of the room fast enough, but when she did, she queued
[01:27:25.760 --> 01:27:28.760]  this county attorney out so hard you would not believe it.
[01:27:28.760 --> 01:27:32.760]  She damn near threw the case out the front door.
[01:27:32.760 --> 01:27:35.760]  Very cool.
[01:27:35.760 --> 01:27:40.760]  And this guy, I mean, he was not prepared for me at all.
[01:27:40.760 --> 01:27:45.760]  He was trying everything he could to sway the jury in his favor and they didn't buy any
[01:27:45.760 --> 01:27:49.760]  of it because I went right back at him with everything he tried to bring up.
[01:27:49.760 --> 01:27:56.760]  Hell, he even tried to bring up the fact that I knew that the income tax was voluntary.
[01:27:56.760 --> 01:28:01.760]  Now, how that was relevant to the case was it wasn't.
[01:28:01.760 --> 01:28:03.760]  And the judge, he said, stop right there.
[01:28:03.760 --> 01:28:04.760]  Hold it.
[01:28:04.760 --> 01:28:06.760]  She said the jury out of the room.
[01:28:06.760 --> 01:28:11.760]  She looked at me and said, Mr. Craig, I failed to see any relevance whatsoever in the prosecutor
[01:28:11.760 --> 01:28:14.760]  here asking a question related to income tax.
[01:28:14.760 --> 01:28:19.760]  You are under no obligation to answer that question.
[01:28:19.760 --> 01:28:24.760]  And I looked at her and says, if it's all the same to you, judge, I would like to answer
[01:28:24.760 --> 01:28:25.760]  that question.
[01:28:25.760 --> 01:28:31.760]  And I got to educate the jury on the income tax at the same time and still one.
[01:28:31.760 --> 01:28:33.760]  Awesome.
[01:28:33.760 --> 01:28:34.760]  Very cool.
[01:28:34.760 --> 01:28:36.760]  So it can be done.
[01:28:36.760 --> 01:28:37.760]  Okay.
[01:28:37.760 --> 01:28:39.760]  If you're prepared and you know what you're doing.
[01:28:39.760 --> 01:28:44.760]  So based upon everything you told me, the statute doesn't have a requirement that it
[01:28:44.760 --> 01:28:49.760]  be in a horizontal position and it simply says that whatever is practical.
[01:28:49.760 --> 01:28:55.760]  Well, where you put it is practical for the situation and construction of your car, correct?
[01:28:55.760 --> 01:28:56.760]  Yes, sir.
[01:28:56.760 --> 01:28:59.760]  So what grounds are they going to have to say that you committed a crime when the statute
[01:28:59.760 --> 01:29:02.760]  itself says you didn't?
[01:29:02.760 --> 01:29:06.760]  And the fact that he even put a note on there says, I can't find a law that says this is
[01:29:06.760 --> 01:29:07.760]  wrong.
[01:29:07.760 --> 01:29:10.760]  Somebody help me out.
[01:29:10.760 --> 01:29:11.760]  Okay.
[01:29:11.760 --> 01:29:14.760]  Because that's exactly what that note is saying.
[01:29:14.760 --> 01:29:17.760]  It's just saying it in idiot code.
[01:29:17.760 --> 01:29:18.760]  Yeah.
[01:29:18.760 --> 01:29:19.760]  Yeah.
[01:29:19.760 --> 01:29:21.760]  The officer didn't know what he was doing.
[01:29:21.760 --> 01:29:22.760]  No, he didn't.
[01:29:22.760 --> 01:29:23.760]  He wrote some citations wrong.
[01:29:23.760 --> 01:29:24.760]  Was he by himself?
[01:29:24.760 --> 01:29:25.760]  Yeah.
[01:29:25.760 --> 01:29:29.760]  Well, then he wasn't exactly a trainee, but that doesn't make him any smarter.
[01:29:29.760 --> 01:29:30.760]  Yeah.
[01:29:30.760 --> 01:29:32.760]  I think he was a sergeant.
[01:29:32.760 --> 01:29:39.760]  Oh, then that definitely doesn't make him any smarter because only the idiots get promoted.
[01:29:39.760 --> 01:29:46.760]  So any recommendation how to attack that specifically?
[01:29:46.760 --> 01:29:50.760]  Well, I already told you there's two ways to attack that charge specifically.
[01:29:50.760 --> 01:29:54.760]  Failure to state a claim and the state has no evidence proving the claim.
[01:29:54.760 --> 01:29:55.760]  Okay.
[01:29:55.760 --> 01:29:56.760]  Hang on just a second.
[01:29:56.760 --> 01:29:58.760]  Let's finish this up when we get back.
[01:29:58.760 --> 01:30:00.760]  Yes, sir.
[01:30:00.760 --> 01:30:07.760]  Radio frequency identification or RFID is a technology that silently tracks objects using radio waves.
[01:30:07.760 --> 01:30:09.760]  But what if the object is you?
[01:30:09.760 --> 01:30:15.760]  I'm Dr. Catherine Albert and I'll be back with a buzz on just how invasive this stealthy technology can be.
[01:30:15.760 --> 01:30:17.760]  Privacy is under attack.
[01:30:17.760 --> 01:30:21.760]  When you give up data about yourself, you'll never get it back again.
[01:30:21.760 --> 01:30:26.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.760 --> 01:30:28.760]  So protect your rights.
[01:30:28.760 --> 01:30:31.760]  Say no to surveillance and keep your information to yourself.
[01:30:31.760 --> 01:30:34.760]  Privacy, it's worth hanging on to.
[01:30:34.760 --> 01:30:41.760]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.760 --> 01:30:45.760]  Start over with StartPage.
[01:30:45.760 --> 01:30:49.760]  RFID microchips were used for a recent study on the habits of honeybees.
[01:30:49.760 --> 01:30:56.760]  Researchers tracked each bee individually through an RFID tag glued to its back that beamed back a unique identification number.
[01:30:56.760 --> 01:31:02.760]  When tagged bees flew through an antenna probe in fake flowers, the scientists instantly knew.
[01:31:02.760 --> 01:31:06.760]  But the bees didn't since RFID waves are silent and invisible.
[01:31:06.760 --> 01:31:10.760]  Major corporations want to put similar RFID tags in all consumer items,
[01:31:10.760 --> 01:31:14.760]  making people aware and carry those items trackable, just like the bees.
[01:31:14.760 --> 01:31:20.760]  Bee studies clearly demonstrate how RFID could deliver a stinging blow to our freedom and privacy.
[01:31:20.760 --> 01:31:23.760]  Join me in opposing this invasive technology.
[01:31:23.760 --> 01:31:48.760]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:53.760 --> 01:31:57.760]  My son, my uncle, my nephew, my son, go to buildingwatch.org.
[01:31:57.760 --> 01:32:25.760]  Why it fell, why it matters, and what you can do.
[01:32:25.760 --> 01:32:28.760]  Our sheriff's deputy, Eddie Craig, in conjunction with Rule of Law Radio,
[01:32:28.760 --> 01:32:33.760]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[01:32:33.760 --> 01:32:35.760]  and how to hold courts to the rule of law.
[01:32:35.760 --> 01:32:39.760]  You can get your own copy of this invaluable material by going to ruleoflawradio.com
[01:32:39.760 --> 01:32:42.760]  and ordering your copy today. By ordering now, you'll receive a copy of Eddie's book,
[01:32:42.760 --> 01:32:45.760]  The Texas Transportation Code, The Law vs. the Lie,
[01:32:45.760 --> 01:32:48.760]  video and audio of the original 2009 seminar, hundreds of research documents,
[01:32:48.760 --> 01:32:50.760]  and other useful resource material.
[01:32:50.760 --> 01:32:54.760]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:54.760 --> 01:33:03.760]  For your copy today and together, we can have the free society we all want and deserve.
[01:33:03.760 --> 01:33:11.760]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:11.760 --> 01:33:36.760]  Alright folks, we are back. This is Rule of Law Radio.
[01:33:36.760 --> 01:33:43.760]  We are down to the last half hour of the show. 512-646-1984, if you want to call and get in line.
[01:33:43.760 --> 01:33:45.760]  Alright, let's wrap this up with BJ.
[01:33:45.760 --> 01:33:52.760]  Alright BJ, now like I said, that particular thing, you've already got two points of attack on that.
[01:33:52.760 --> 01:33:57.760]  One, the elements do not exist for the crime to be alleged in the first place.
[01:33:57.760 --> 01:34:04.760]  And two, the state has no evidence to support them. In fact, they've got evidence that disproves it simply by the cops on video.
[01:34:04.760 --> 01:34:16.760]  It shows that the license plate is mounted, clearly visible, not obstructed, and it is consistent with the language of the statute.
[01:34:16.760 --> 01:34:23.760]  Okay, that's perfect. Evidence doesn't, or elements don't exist to prove it, but evidence does exist to disprove it.
[01:34:23.760 --> 01:34:25.760]  And it's state evidence.
[01:34:25.760 --> 01:34:29.760]  Yeah, and the state's own evidence disproves it.
[01:34:29.760 --> 01:34:32.760]  But don't forget to cite the language of the statute.
[01:34:32.760 --> 01:34:36.760]  The practicality of how it has to be mounted in order to be visible.
[01:34:36.760 --> 01:34:38.760]  Right on.
[01:34:38.760 --> 01:34:43.760]  So as far as getting the video, I've been having a hard time getting...
[01:34:43.760 --> 01:34:45.760]  Follow motion for discovery.
[01:34:45.760 --> 01:34:47.760]  I have.
[01:34:47.760 --> 01:34:48.760]  And...
[01:34:48.760 --> 01:34:51.760]  They follow motion to compel.
[01:34:51.760 --> 01:34:52.760]  I did.
[01:34:52.760 --> 01:34:53.760]  And?
[01:34:53.760 --> 01:35:03.760]  The problem I had was that I emailed a motion to the court originally just to establish a mode of communication that worked.
[01:35:03.760 --> 01:35:07.760]  I submitted a motion to dismiss, just like trying it out.
[01:35:07.760 --> 01:35:10.760]  And, of course, it was denied. I expected it to be.
[01:35:10.760 --> 01:35:19.760]  And then I submitted all these other flurry of motion after that, knowing that that was a good line of communication that worked, was approved.
[01:35:19.760 --> 01:35:22.760]  And I never heard back from them.
[01:35:22.760 --> 01:35:25.760]  And 30 days I called.
[01:35:25.760 --> 01:35:29.760]  And I resubmitted all the information, never heard back from them.
[01:35:29.760 --> 01:35:31.760]  I called 30 days after that.
[01:35:31.760 --> 01:35:33.760]  Okay, well, let me ask this question.
[01:35:33.760 --> 01:35:38.760]  When you wrote the motion for discovery, who did you serve it on?
[01:35:38.760 --> 01:35:40.760]  I just filed it with the court.
[01:35:40.760 --> 01:35:41.760]  Okay.
[01:35:41.760 --> 01:35:43.760]  But that brings up another question I have.
[01:35:43.760 --> 01:35:46.760]  Yeah, let me answer that question real quick.
[01:35:46.760 --> 01:35:47.760]  Okay.
[01:35:47.760 --> 01:35:51.760]  Who else has to be given notice of what you're looking for?
[01:35:51.760 --> 01:36:01.760]  Well, I would, I think it's the DA as well, but Randy said not to file it with the DA.
[01:36:01.760 --> 01:36:03.760]  I don't know why Randy would tell you that.
[01:36:03.760 --> 01:36:08.760]  You're required to copy the DA on anything you file in such a case.
[01:36:08.760 --> 01:36:20.760]  His explanation was that the state is the client and that the attorney represents the client.
[01:36:20.760 --> 01:36:25.760]  Which means what in relation to what I just said?
[01:36:25.760 --> 01:36:27.760]  That he's been served.
[01:36:27.760 --> 01:36:31.760]  The court is not the state per se as a party to the act.
[01:36:31.760 --> 01:36:33.760]  The court is supposed to be the mediator.
[01:36:33.760 --> 01:36:36.760]  Even though they still work for the state, there's no question of that.
[01:36:36.760 --> 01:36:38.760]  The fact is the court is not a party.
[01:36:38.760 --> 01:36:43.760]  So serving the court does not make them agent for notice to the DA.
[01:36:43.760 --> 01:36:45.760]  Gotcha.
[01:36:45.760 --> 01:37:03.760]  However, once you serve the DA and the police department, then the DA becomes the agent for the police department to ensure they produce.
[01:37:03.760 --> 01:37:06.760]  Tell me more about serving the police department.
[01:37:06.760 --> 01:37:12.760]  Well, who has the records that you're looking for in the form of a recording from a police cruiser?
[01:37:12.760 --> 01:37:14.760]  It's not the DA.
[01:37:14.760 --> 01:37:16.760]  Right.
[01:37:16.760 --> 01:37:18.760]  So how do they become informed?
[01:37:18.760 --> 01:37:20.760]  Well, there's two ways.
[01:37:20.760 --> 01:37:24.760]  The DA says, hey, have you complied with this requirement for discovery?
[01:37:24.760 --> 01:37:27.760]  And the police go, oh, we've never been noticed for that.
[01:37:27.760 --> 01:37:32.760]  And the DA goes, well, I've got a certification here that says he mailed you a notice of that.
[01:37:32.760 --> 01:37:34.760]  So why haven't you complied with it?
[01:37:34.760 --> 01:37:37.760]  My case can get thrown out because you haven't complied with it.
[01:37:37.760 --> 01:37:41.760]  What's the problem?
[01:37:41.760 --> 01:37:46.760]  Okay. Well, I did serve that record request today.
[01:37:46.760 --> 01:37:51.760]  A record request is not a motion for discovery.
[01:37:51.760 --> 01:37:53.760]  I understand.
[01:37:53.760 --> 01:38:04.760]  And in fact, the way the courts in Texas have arranged it, you cannot substitute a records request for something that is discoverable.
[01:38:04.760 --> 01:38:08.760]  Okay. Can you point me to that rule?
[01:38:08.760 --> 01:38:10.760]  It's case law. You'd have to find it.
[01:38:10.760 --> 01:38:12.760]  Okay. No problem.
[01:38:12.760 --> 01:38:14.760]  Okay. But the fact is it's a very simple fix.
[01:38:14.760 --> 01:38:20.760]  Serve a copy of the motion for discovery on the damn DA in the police department.
[01:38:20.760 --> 01:38:23.760]  Very easy fix.
[01:38:23.760 --> 01:38:25.760]  So serve them both?
[01:38:25.760 --> 01:38:26.760]  Yes.
[01:38:26.760 --> 01:38:27.760]  Okay.
[01:38:27.760 --> 01:38:34.760]  So as far as serving the DA, can I just serve it to the office?
[01:38:34.760 --> 01:38:36.760]  I don't need the name of the prosecutor.
[01:38:36.760 --> 01:38:42.760]  I don't need it to them via mail. Just make sure that when you do it, you do it certified mail.
[01:38:42.760 --> 01:38:50.760]  And make sure it addresses something by which they can identify the case and get it to the proper attorney that's handling the case.
[01:38:50.760 --> 01:38:51.760]  Okay.
[01:38:51.760 --> 01:39:02.760]  Because I went by there today trying to get their information in order to serve them, and they refused to tell me anything about it, who was handling it, et cetera.
[01:39:02.760 --> 01:39:08.760]  Because they haven't got anybody specific who's handling it, which is another violation of the Code of Criminal Procedure.
[01:39:08.760 --> 01:39:13.760]  Yeah. I mean, they told me that much outright.
[01:39:13.760 --> 01:39:14.760]  Okay.
[01:39:14.760 --> 01:39:23.760]  As long as you identify the case and you can prove that they never gave you notice of who it was being sent to, that it's still on them to deal with it.
[01:39:23.760 --> 01:39:31.760]  All you got to do is serve it on their office because the head, the district attorney himself or herself is the one that's ultimately responsible,
[01:39:31.760 --> 01:39:35.760]  no matter how many underlings they've got.
[01:39:35.760 --> 01:39:41.760]  Well, if nothing else, send it directly to whoever your elected DA is.
[01:39:41.760 --> 01:39:47.760]  So does that go to Rule 12 of the Texas Rule of Civil Procedure that an attorney must show authority?
[01:39:47.760 --> 01:39:53.760]  This is not a Rule 12 issue because this is not civil.
[01:39:53.760 --> 01:39:58.760]  Okay.
[01:39:58.760 --> 01:40:07.760]  Can you clear up the interrelationship between the Texas Rules of Civil Procedure versus the criminal?
[01:40:07.760 --> 01:40:16.760]  Yeah. Where the criminal rules don't deal with something that's specific, specifically necessary for due process within the procedure, then the civil rules apply.
[01:40:16.760 --> 01:40:26.760]  And then where the criminal rules may be superseded is where the civil rules specifically say they supersede the criminal rules and vice versa.
[01:40:26.760 --> 01:40:29.760]  So how would Rule 12 not apply?
[01:40:29.760 --> 01:40:41.760]  Because the Constitution is the one that gives the prosecuting attorney for the state, and in this case specifically a DA, the power to do what they're doing to act as an agent for the state.
[01:40:41.760 --> 01:40:45.760]  So what are you going to challenge the Constitution?
[01:40:45.760 --> 01:40:52.760]  No, I see it. My mistake was thinking along or not.
[01:40:52.760 --> 01:41:00.760]  This is the state. The only way you could use Rule 12 is to say that this person is not the property elected district attorney.
[01:41:00.760 --> 01:41:03.760]  And then you've got to prove that.
[01:41:03.760 --> 01:41:08.760]  Or if it was a case between another individual that's not the state.
[01:41:08.760 --> 01:41:09.760]  Correct.
[01:41:09.760 --> 01:41:11.760]  Okay. That's where I was confused.
[01:41:11.760 --> 01:41:21.760]  And in which case the Rule 12 challenge is to prove that the attorney acting on the behalf of the other party has authority to be their agent and representative?
[01:41:21.760 --> 01:41:24.760]  Gotcha. That makes sense.
[01:41:24.760 --> 01:41:25.760]  Okay.
[01:41:25.760 --> 01:41:31.760]  Otherwise every attorney and the state could be filing lawsuits on behalf of people they've never even talked to.
[01:41:31.760 --> 01:41:34.760]  We're just trying to get money out of people.
[01:41:34.760 --> 01:41:36.760]  Seems like they're doing that already.
[01:41:36.760 --> 01:41:39.760]  Well, I can't argue whether they are or aren't for certain.
[01:41:39.760 --> 01:41:45.760]  But yeah, but this at least eliminates that from being as rampant as it could otherwise be.
[01:41:45.760 --> 01:41:46.760]  Yeah.
[01:41:46.760 --> 01:41:54.760]  All right. Well, you've been very, very helpful, Eddie. I appreciate you, man. And press on and I'll let you get another call or appreciate it.
[01:41:54.760 --> 01:41:56.760]  Yes, sir. Well, thanks for calling in.
[01:41:56.760 --> 01:41:57.760]  Have a good night, sir.
[01:41:57.760 --> 01:41:59.760]  You too.
[01:41:59.760 --> 01:42:05.760]  All right. Now we have three minutes left and we have John in New York before we get into a break.
[01:42:05.760 --> 01:42:09.760]  And then our last segment. So John, what do you got?
[01:42:09.760 --> 01:42:12.760]  You're not going to raise my blood pressure tonight, are you?
[01:42:12.760 --> 01:42:14.760]  Oh, no, I don't think so.
[01:42:14.760 --> 01:42:15.760]  Okay.
[01:42:15.760 --> 01:42:17.760]  Not with this.
[01:42:17.760 --> 01:42:18.760]  Okay.
[01:42:18.760 --> 01:42:24.760]  This is a civil case. This is evolving a tenant and landlord, if you do that sort of thing.
[01:42:24.760 --> 01:42:29.760]  And it's very, I've got it in a minute and 35 second wrap.
[01:42:29.760 --> 01:42:31.760]  Just as soon as I can.
[01:42:31.760 --> 01:42:35.760]  Well, that's too bad. You only got a minute and 20 seconds before I got to cut you off.
[01:42:35.760 --> 01:42:43.760]  Okay. Hold on for HUD, FUD, you know, lawyer, HUD complaint.
[01:42:43.760 --> 01:42:46.760]  Oh, this is HUD. It's federal.
[01:42:46.760 --> 01:42:49.760]  No, no, no, no, no HUD. No, I'm just reading.
[01:42:49.760 --> 01:42:52.760]  It's just, I'll just bear with me.
[01:42:52.760 --> 01:42:54.760]  Okay. Here we go.
[01:42:54.760 --> 01:43:00.760]  Okay. Well, hold on. If you're right, if you know for sure it's a minute and a half, then you're below the minute now.
[01:43:00.760 --> 01:43:03.760]  So let's save it to the other side of the break. Okay.
[01:43:03.760 --> 01:43:05.760]  Here we go.
[01:43:05.760 --> 01:43:08.760]  The tenant saw an ad in the newspaper.
[01:43:08.760 --> 01:43:15.760]  The ad said the electric is not included. When the tenant phoned the landlord, landlord said the electric is not included.
[01:43:15.760 --> 01:43:17.760]  That's second notification.
[01:43:17.760 --> 01:43:24.760]  Tenant then saw the apartment in person. Landlord said the second time that the electric is not included.
[01:43:24.760 --> 01:43:30.760]  The tenant wanted the apartment. Tenant put up a security deposit and was given a key.
[01:43:30.760 --> 01:43:37.760]  The landlord alerted the tenant that the security deposit receipt said that it was refundable
[01:43:37.760 --> 01:43:39.760]  if you don't take the apartment.
[01:43:39.760 --> 01:43:40.760]  Wait, if you don't what?
[01:43:40.760 --> 01:43:42.760]  I think I hear music.
[01:43:42.760 --> 01:43:50.760]  Oh, it said that the deposit receipt, security deposit receipt said non-refundable if you don't take the apartment.
[01:43:50.760 --> 01:43:55.760]  Okay. All right. Well, hang on just a second and let me take this break and then we'll finish that up.
[01:43:55.760 --> 01:44:08.760]  Well, hang on. We'll be right back for the last second.
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[01:46:00.760 --> 01:46:24.760]  Alright folks, we are back.
[01:46:24.760 --> 01:46:28.760]  This is the last segment of the Money, Not Rule of Law Radio Show.
[01:46:28.760 --> 01:46:32.760]  Your host Eddie Craig, and the last person we are going to get to speak to tonight
[01:46:32.760 --> 01:46:35.760]  apparently is going to be John in New York.
[01:46:35.760 --> 01:46:40.760]  Alright John, so far what we have, tenant is trying to rent an apartment
[01:46:40.760 --> 01:46:45.760]  that if they paid the security deposit and then don't take the apartment,
[01:46:45.760 --> 01:46:49.760]  the receipt specifically says the deposit is not refundable.
[01:46:49.760 --> 01:46:51.760]  Is that where we're at?
[01:46:51.760 --> 01:46:53.760]  Yep, that's perfect, yes.
[01:46:53.760 --> 01:46:56.760]  Okay, then the tenant wanted the apartment.
[01:46:56.760 --> 01:47:00.760]  He put that security deposit down and was given a key.
[01:47:00.760 --> 01:47:05.760]  Landlord alerted the tenant that the security deposit received a non-refundable.
[01:47:05.760 --> 01:47:08.760]  Tenant said no problem, I want the apartment.
[01:47:08.760 --> 01:47:13.760]  Tenant obtained active conceit by putting some furniture into the apartment.
[01:47:13.760 --> 01:47:18.760]  He gave the Department of Social Services paperwork to the landlord to be filled out.
[01:47:18.760 --> 01:47:22.760]  Landlord, he said that he had to sign the lease for me,
[01:47:22.760 --> 01:47:24.760]  meaning the tenant said to the landlord,
[01:47:24.760 --> 01:47:28.760]  you have to sign the lease and then furnished the paperwork to DSS,
[01:47:28.760 --> 01:47:32.760]  which they did, the tenant did not sign the lease.
[01:47:32.760 --> 01:47:36.760]  The landlord did sign the lease as requested.
[01:47:36.760 --> 01:47:40.760]  DSS okayed everything, paperwork good.
[01:47:40.760 --> 01:47:44.760]  When it came time to turn on the gas and electric in the tenant's name,
[01:47:44.760 --> 01:47:50.760]  utility said the tenant owed $1,000 in back bills
[01:47:50.760 --> 01:47:53.760]  and refused to put the tenant's name on the utility account.
[01:47:53.760 --> 01:47:56.760]  So the tenant changed his mind about the apartment.
[01:47:56.760 --> 01:47:58.760]  After he asked the landlord,
[01:47:58.760 --> 01:48:02.760]  would you pay for the electric instead of me?
[01:48:02.760 --> 01:48:04.760]  Because I can't put it in my name.
[01:48:04.760 --> 01:48:09.760]  Well, landlords don't need, if they do it for one person, they got to do it for everybody.
[01:48:09.760 --> 01:48:13.760]  So the landlord would not give the security deposit back
[01:48:13.760 --> 01:48:15.760]  when the tenant asked for it.
[01:48:15.760 --> 01:48:20.760]  And after he put some of his furniture in the apartment and got the key,
[01:48:20.760 --> 01:48:26.760]  he actually obtained occupancy even though the tenant did not sign the lease.
[01:48:26.760 --> 01:48:33.760]  The landlord's attorney advised the landlord to keep the security deposit.
[01:48:33.760 --> 01:48:36.760]  The tenant took the landlord to Village Court.
[01:48:36.760 --> 01:48:42.760]  The judge used four case laws that did not parallel the case at hand.
[01:48:42.760 --> 01:48:47.760]  The only thing that they had in common was that the tenant got their money back.
[01:48:47.760 --> 01:48:52.760]  But the case itself, it was under totally different circumstances
[01:48:52.760 --> 01:48:57.760]  and none of those four cases involved getting the key
[01:48:57.760 --> 01:49:00.760]  or getting occupancy by putting furniture in the room,
[01:49:00.760 --> 01:49:06.760]  which really constitutes acceptance of the lease even though there's nothing signed.
[01:49:06.760 --> 01:49:11.760]  Now, the tenant got the security deposit back in all those cases,
[01:49:11.760 --> 01:49:15.760]  but none of those tenants in all those four cases had taken occupancy
[01:49:15.760 --> 01:49:18.760]  and the circumstances were all totally different.
[01:49:18.760 --> 01:49:24.760]  Anyway, then the landlord appealed through the county court.
[01:49:24.760 --> 01:49:28.760]  So after they go to the civil court, they went to the county court
[01:49:28.760 --> 01:49:31.760]  and the landlord appealed it.
[01:49:31.760 --> 01:49:37.760]  The judge there in the appeals court upheld the lower court's ruling with two case laws.
[01:49:37.760 --> 01:49:42.760]  The judge did not address the fact that the four case laws from the lower court judge
[01:49:42.760 --> 01:49:46.760]  didn't even apply to the case at hand, and that's where we are.
[01:49:46.760 --> 01:49:50.760]  Did the attorneys for the landlord challenge them as not being applicable?
[01:49:50.760 --> 01:49:52.760]  No, no.
[01:49:52.760 --> 01:49:57.760]  The landlord did define his own, but he did call his attorney who advised him,
[01:49:57.760 --> 01:50:05.760]  yeah, go ahead, keep the money because the key, the guy had the room, and so on and so forth.
[01:50:05.760 --> 01:50:07.760]  Okay, but that's basically it.
[01:50:07.760 --> 01:50:14.760]  That's above and beyond what I asked you is did whoever, whether it's the landlord themselves or their attorneys,
[01:50:14.760 --> 01:50:20.760]  did they ever raise the issue that the cases the lower court relied on were completely irrelevant
[01:50:20.760 --> 01:50:25.760]  and nonfactual in relation to the case at hand?
[01:50:25.760 --> 01:50:26.760]  Yes, yes.
[01:50:26.760 --> 01:50:34.760]  The landlord did, in fact, object, and yes, the answer to that is an absolute positive yes.
[01:50:34.760 --> 01:50:36.760]  Okay.
[01:50:36.760 --> 01:50:42.760]  And the county court judge or the appeals, whatever it was I said,
[01:50:42.760 --> 01:50:49.760]  went right past it and just supplied two more cases that were not even sure if they apply or not,
[01:50:49.760 --> 01:50:51.760]  but that's not the point.
[01:50:51.760 --> 01:50:59.760]  The point was the judge in the village court used four cases that had absolutely nothing to do with the case at hand,
[01:50:59.760 --> 01:51:04.760]  and any idiot, even me, would know that.
[01:51:04.760 --> 01:51:07.760]  So that's it. So what do we do from here?
[01:51:07.760 --> 01:51:10.760]  You appeal again.
[01:51:10.760 --> 01:51:11.760]  I'm sorry.
[01:51:11.760 --> 01:51:15.760]  That's the whole reason why there's an appellate process.
[01:51:15.760 --> 01:51:21.760]  But again, that's also the reason why the record through the entire thing has to be made the way it has to be made.
[01:51:21.760 --> 01:51:29.760]  If they didn't get on the record, objections to the prior case law being completely inapplicable under the facts and circumstances in this case
[01:51:29.760 --> 01:51:38.760]  and therefore not reliable as a point of ruling, then what record are they going to use to further the appeal?
[01:51:38.760 --> 01:51:49.760]  If the county court at law introduced new cases, how did he say those new cases either supported or rebutted the original cases that were used by the lower court?
[01:51:49.760 --> 01:51:52.760]  Now, who's she? You mean the judge himself?
[01:51:52.760 --> 01:51:55.760]  Well, he's the one that would have had to made the ruling, right?
[01:51:55.760 --> 01:52:00.760]  And you said that the judge brought up two new cases.
[01:52:00.760 --> 01:52:02.760]  Right, without, without.
[01:52:02.760 --> 01:52:05.760]  Then who would he be if it's not the judge?
[01:52:05.760 --> 01:52:07.760]  Oh, okay, got it.
[01:52:07.760 --> 01:52:11.760]  It's just the use of pronouns sometimes, I want to be sure.
[01:52:11.760 --> 01:52:27.760]  So, since the appeals judge, if you want to call him the appeals judge, did not address the fact that the defendant objected to those four cases, never brought it up and said, well, those four cases.
[01:52:27.760 --> 01:52:31.760]  Was the first level appeals court a court of record?
[01:52:31.760 --> 01:52:32.760]  Say again.
[01:52:32.760 --> 01:52:37.760]  Was the first level appeals court a court of record?
[01:52:37.760 --> 01:52:39.760]  Well, it was the county court.
[01:52:39.760 --> 01:52:41.760]  That doesn't answer my question.
[01:52:41.760 --> 01:52:42.760]  I'm not in New York.
[01:52:42.760 --> 01:52:46.760]  I don't know if county courts in New York are courts of record or not.
[01:52:46.760 --> 01:52:52.760]  Right now, if it is a court of record or not a court of record, how does that apply to the outcome of all this?
[01:52:52.760 --> 01:52:58.760]  Well, it means that he should still have a de novo appeal if it's not a court of record.
[01:52:58.760 --> 01:53:08.760]  Because there's no record to preserve the right of appeal at that court level if there isn't a court reporter or some means of recording the proceedings.
[01:53:08.760 --> 01:53:13.760]  So, in other words, it has to be a court of record in order to go forward.
[01:53:13.760 --> 01:53:21.760]  It has to be a court of record to be finally binding.
[01:53:21.760 --> 01:53:22.760]  Okay.
[01:53:22.760 --> 01:53:24.760]  So, what should the landlord do now?
[01:53:24.760 --> 01:53:29.760]  Go up the chain on the next level of appeal.
[01:53:29.760 --> 01:53:35.760]  But they need to make sure that they have the record from the appellate court if there is one.
[01:53:35.760 --> 01:53:45.760]  And use that record to show where the appellate court, once again, just like the trial court, failed to properly apply the law to the facts.
[01:53:45.760 --> 01:53:54.760]  And thus came to a conclusion unsupported by existing law and case law.
[01:53:54.760 --> 01:54:05.760]  And that simply means that the village court, the village judge made a boo boo he did a no-no by using case law that didn't apply.
[01:54:05.760 --> 01:54:06.760]  Correct.
[01:54:06.760 --> 01:54:13.760]  And since the next court did not address that issue, just skipped right by it, didn't address it.
[01:54:13.760 --> 01:54:26.760]  Not only did not address it, but introduced other case law that was equally irrelevant in supporting a decision based upon faulty case law determinations in the first instance.
[01:54:26.760 --> 01:54:34.760]  Well, supposing the two new case laws actually apply, does that throw everything out the window for the landlord?
[01:54:34.760 --> 01:54:35.760]  Well, that depends.
[01:54:35.760 --> 01:54:43.760]  Do they apply it in a way that would have made the landlord lose or did the judge misapply the new cases?
[01:54:43.760 --> 01:54:52.760]  Even though they're factually relevant, he still misapplied them because he didn't follow the logic of the opinion.
[01:54:52.760 --> 01:55:08.760]  So if the two new case laws are correct and they follow in parallel the case at hand, then it doesn't make any difference that the previous judge screwed up big time.
[01:55:08.760 --> 01:55:15.760]  Are the two new cases superseding over the cases that the village court used?
[01:55:15.760 --> 01:55:22.760]  Or are they by a higher level court or are they newer cases, overturning or...
[01:55:22.760 --> 01:55:24.760]  Okay, I'm going to put it this way.
[01:55:24.760 --> 01:55:41.760]  Even if the lower court judge got it wrong and they went on appeal and the appeals judge found correct case law that still supported the same conclusion that the lower court judge reached, then what is there to appeal?
[01:55:41.760 --> 01:55:44.760]  So in other words, the landlord doesn't have a prayer?
[01:55:44.760 --> 01:55:46.760]  Again, I don't know that.
[01:55:46.760 --> 01:55:48.760]  I haven't read any of this.
[01:55:48.760 --> 01:55:59.760]  But the fact is you're the one that's saying that the new case law introduced at the appellate court is relevant, that it's in line with the facts of the case.
[01:55:59.760 --> 01:56:13.760]  And if it's by a higher level court and that higher level court is the one you would have to go to from this court, do you honestly expect them to overturn their prior decision if you can't show a good reason why they should?
[01:56:13.760 --> 01:56:14.760]  That's what I'm looking for.
[01:56:14.760 --> 01:56:16.760]  That's the answer I'm looking for.
[01:56:16.760 --> 01:56:22.760]  So if the two new case laws hold water, then the landlord's out of luck.
[01:56:22.760 --> 01:56:23.760]  Probably.
[01:56:23.760 --> 01:56:30.760]  Unless he can show that those conclusions at that court level were wrong to begin with, yeah.
[01:56:30.760 --> 01:56:35.760]  Because they're going to say, we've already ruled on this twice and here they are and that judge already told you that.
[01:56:35.760 --> 01:56:38.760]  What are you doing here?
[01:56:38.760 --> 01:56:39.760]  Well, yeah.
[01:56:39.760 --> 01:56:42.760]  But like I said, the first judge got it all wrong.
[01:56:42.760 --> 01:56:47.760]  That's the whole reason why you get the appeal and you got the appeal.
[01:56:47.760 --> 01:56:51.760]  And what you're telling me now is the appeal judge got it right.
[01:56:51.760 --> 01:56:55.760]  Well, we think he got it right, but now we have to examine it.
[01:56:55.760 --> 01:56:58.760]  Okay, if he got it wrong, then we go to the next level.
[01:56:58.760 --> 01:57:01.760]  Yeah, if you can show how he got it wrong.
[01:57:01.760 --> 01:57:02.760]  Okay, got it.
[01:57:02.760 --> 01:57:03.760]  Okay.
[01:57:03.760 --> 01:57:05.760]  Thank you very, very kindly.
[01:57:05.760 --> 01:57:06.760]  That's all I'm looking for.
[01:57:06.760 --> 01:57:08.760]  Okay.
[01:57:08.760 --> 01:57:09.760]  Thank you very much.
[01:57:09.760 --> 01:57:10.760]  You have a good night.
[01:57:10.760 --> 01:57:11.760]  You too.
[01:57:11.760 --> 01:57:12.760]  Thanks for calling.
[01:57:12.760 --> 01:57:13.760]  Thank you.
[01:57:13.760 --> 01:57:14.760]  All right.
[01:57:14.760 --> 01:57:15.760]  All right, folks.
[01:57:15.760 --> 01:57:17.760]  Well, that came out just in time.
[01:57:17.760 --> 01:57:20.760]  We are now a minute and a half to we are off the air.
[01:57:20.760 --> 01:57:22.760]  It has been a great Monday night so far.
[01:57:22.760 --> 01:57:32.760]  And again, I apologize for my length of absence, but I mean, it's just so much work trying to keep all this stuff juggled and get things set up.
[01:57:32.760 --> 01:57:40.760]  I've been trying so hard to get things where I could get an online class session started and figure out how I can actually monetize it.
[01:57:40.760 --> 01:57:47.760]  So as to take payments for the classes and et cetera, et cetera, and have enough money to pay bills and survive on.
[01:57:47.760 --> 01:57:50.760]  But every time I get one thing fixed, five things break.
[01:57:50.760 --> 01:57:53.760]  And so it's just an ongoing battle no matter what I do.
[01:57:53.760 --> 01:58:02.760]  So that said, once again, financially speaking, please keep us in your prayers and in your finances, both at the network level and at individual levels.
[01:58:02.760 --> 01:58:13.760]  Because without you, we don't have anywhere to go from here except back to the outside world trying to plug away at things that don't matter to anyone but us.
[01:58:13.760 --> 01:58:17.760]  Here, we at least are trying to help people other than us.
[01:58:17.760 --> 01:58:24.760]  So give us the benefit of our labors and help us out here financially whenever and however you can.
[01:58:24.760 --> 01:58:26.760]  Thank you so much for listening.
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[01:58:28.760 --> 01:58:29.760]  Y'all have a great week.
[01:58:29.760 --> 01:58:33.760]  Good night and God bless.
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