ROL_2019-10-11_16k_Hr1-2.timecode
[00:00.000 --> 00:06.880] The following news flash is brought to you by The Lone Star of Lowdown.
[00:06.880 --> 00:13.200] Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.200 --> 00:21.440] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.800] $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.800 --> 00:41.480] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10, a crypto coin.
[00:46.040 --> 00:52.680] In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on
[00:52.680 --> 00:58.280] Market Street in San Francisco during the World War I preparedness day parade, killing 10 and
[00:58.280 --> 01:07.480] entering 40 today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.480 --> 01:12.680] 1325 legalizing Hemp, it attacks his law back in June. County prosecutors around the state,
[01:12.680 --> 01:17.000] including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:17.000 --> 01:21.480] and even refusing to file new ones, since they are stipulating that they do not have the time
[01:21.480 --> 01:26.760] or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District
[01:26.760 --> 01:30.760] Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.760 --> 01:35.480] delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.480 --> 01:39.480] including the Attorney General, stipulated in a letter to County District attorneys back on
[01:39.480 --> 01:44.440] Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:44.440 --> 01:51.080] a misunderstanding of how HB 1325 works, as well as other cities, too, like the District Attorney
[01:51.080 --> 01:57.320] in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.320 --> 02:02.760] will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[02:02.760 --> 02:07.560] was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[02:07.560 --> 02:11.960] who stated that, quote, the law is constantly changing on what makes something illegal based
[02:11.960 --> 02:15.960] on its chemical makeup. It's important that if someone is charged with something,
[02:15.960 --> 02:25.000] the test matches what they're charged with. A paper by Tulane University identified a five
[02:25.000 --> 02:29.960] and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.960 --> 02:35.480] the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.480 --> 02:40.840] being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.840 --> 02:47.560] shark's creates a lumus fluid from a gland near its front fins. For the purpose, it is hypothesized
[02:47.560 --> 02:56.360] to lure and prey who may be drawn into the glow. This is Book Roadie with a lowdown for July 22,
[02:56.360 --> 03:12.440] 2018.
[03:27.320 --> 03:32.760] Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[03:32.760 --> 03:38.440] Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[03:38.440 --> 03:43.960] When you were eight and you had bad dreams, you go to school and learn the golden rules.
[03:43.960 --> 03:49.960] So why are you acting like a bloody fool? It's your gift, and you must just prove bad boys,
[03:49.960 --> 03:56.440] bad boys, what you gonna do? What you gonna do when they come for you? Bad boys, bad boys,
[03:56.440 --> 04:01.720] what you gonna do? What you gonna do when they come for you? The chokiton, that's one,
[04:01.720 --> 04:06.520] your chokiton, this one, your chokiton, your mother, and your chokiton, your father, your chokiton,
[04:06.520 --> 04:07.640] your father, and your chokiton.
[04:07.640 --> 04:16.040] Okay, howdy howdy, this is Randy Kelton, rule of law radio on this Friday, the 11th day of October
[04:16.040 --> 04:25.800] 2019. And if my sound and such is all not perfect today, it's because I'm out of town and we're
[04:25.800 --> 04:33.880] kind of doing this on a on a shoestring, I have a very special guest, I am in, I am in Chattanooga,
[04:33.880 --> 04:46.760] Tennessee, and have dealt David Toulouse, he owns a 92.7 FM Nougat radio in Chattanooga. He's a blogger
[04:46.760 --> 04:55.160] and the biggest pin in Chattanooga, and he is one of us, he's a pro se litigant, he's a homeschool,
[04:55.160 --> 05:05.320] longtime homeschooling dad. He forced the, forced Tennessee rewrite the driver's license application
[05:05.320 --> 05:12.120] in early 2000 to account for his argument about having no social security number, but they were
[05:12.120 --> 05:16.760] right to have the driver's license. So he is one of us, he takes the system on,
[05:16.760 --> 05:25.960] and we especially tonight wanted to address his transportation argument.
[05:28.760 --> 05:33.400] David, will you tell us about your transportation administrative notice?
[05:34.600 --> 05:39.800] Well Randall, thank you very much for having me. The idea of giving notice to officials is a
[05:39.800 --> 05:48.440] tremendous boon and lays a lot of groundwork for people like our listener who is concerned about
[05:48.440 --> 05:55.960] his loss of liberties and wants to know what he or she can do about the imposition of policing
[05:56.520 --> 06:03.480] powers on us when we're at our most vulnerable, and that is on the road. And when we are, we think
[06:03.480 --> 06:08.520] we somehow have no no protections that our cars are not really like our castles, and that that's
[06:08.520 --> 06:13.080] the castle doctor moves with us. We somehow forget that we're, that we have these protections and
[06:13.080 --> 06:17.240] we are vulnerable, and in fact we are. We're on the side of the road in a strange port of town,
[06:17.240 --> 06:22.120] a strange state, a strange countryside, and the officers they're tapping at our window and saying,
[06:22.120 --> 06:25.160] put that window down more than the one inch that you're giving me to talk to.
[06:26.920 --> 06:32.680] Because the listener has done what Eddie Craig has proposed in his, in his lecture
[06:32.680 --> 06:40.200] on infowars that probably you all have seen. The idea of notice is that I'm giving, in my,
[06:40.200 --> 06:45.560] in my hometown jurisdictions, notice about the disabilities of the law in Tennessee,
[06:45.560 --> 06:50.760] the disabilities that means simply the limit, the scope of the law. And what I've done in,
[06:50.760 --> 06:58.920] in this project, which is based, which has, which has a premise of racial reconciliation
[06:58.920 --> 07:04.600] in Christianity, I have a Christian motive in this, I'm, I'm telling officials that, hey,
[07:05.800 --> 07:13.480] you are limited in your activity and the use of your police power by the, our constitutional
[07:13.480 --> 07:20.520] rights and also by the actual statute that. Hold on, Devin, it seems we're not on the air for some
[07:20.520 --> 07:34.920] reason. Okay, just put in a, just leave the archivian.
[07:34.920 --> 07:50.360] And no, mine doesn't show that we have an archive yet.
[07:50.360 --> 08:08.760] Okay, then just leave the archive, Devin.
[08:21.160 --> 08:32.920] Okay, now see if we can, okay, I don't know, mine doesn't show an archive yet, so I'll, I'll click,
[08:39.560 --> 08:40.200] I see it.
[08:40.200 --> 08:47.800] Okay, I will, when we, when we go to break, I will see if I'm shut it off.
[08:52.760 --> 08:59.240] I, I did, Deborah, I did that and it didn't, apparently didn't bring me on.
[08:59.240 --> 09:12.760] Yeah, mine shows, okay, so he said he didn't know anything about him.
[09:14.520 --> 09:24.520] So that was interesting and then I told him about the aggravated assault charge I had against the
[09:24.520 --> 09:31.800] captain on the sheriff's department, told him what had occurred, and he said, well, he hasn't seen
[09:31.800 --> 09:38.680] him, but if he did have him, he wouldn't do anything with him. Really smart mouth and arrogant.
[09:40.280 --> 09:44.520] And while he was telling me that I was standing in the door of his office,
[09:45.640 --> 09:51.560] looking across the street at the courthouse and on the corner of the court, the courthouse,
[09:51.560 --> 10:00.040] they've got a monument to people who died in military combat from the county.
[10:01.960 --> 10:08.120] And I never give fair warning, but I thought about suggesting to him that he go over there and look
[10:08.120 --> 10:14.920] at that monument and look at the Vietnam section, the last name on the Vietnam section.
[10:14.920 --> 10:23.640] He would find that name very similar to mine. And that's because it was my twin brother
[10:25.160 --> 10:31.640] who died of gangrene fighting for these rights, and he died hard.
[10:33.160 --> 10:42.280] And this arrogant, smart mouth little prosecutor would just trash. Well, I told him when he said
[10:42.280 --> 10:48.840] that if he had them, he wouldn't do anything with them. I told him, well, in that case,
[10:48.840 --> 10:57.240] I'll make sure you get the opportunity. And I did that. I just went today because the
[10:57.240 --> 11:05.160] grand jury met on the third. And I had requested the names of all the grand jury members in this
[11:05.160 --> 11:13.960] clerk told me that that was secret. They couldn't release that. So I did my research and in Tennessee,
[11:15.400 --> 11:24.440] you have a statutory right to present to the grand jury. In Texas, only a prosecuting attorney
[11:24.440 --> 11:32.760] has that right. But in Tennessee, a citizen has that right. You can petition to present to the
[11:32.760 --> 11:39.720] grand jury, you petition to the foreman, and you can pick two grand jury members to sit with the
[11:39.720 --> 11:48.360] foreman to hear your complaint. Well, the only way I could pick two grand jury members is if I knew
[11:48.360 --> 11:55.320] who all of them were. So I went back to the clerk's office today and I told this woman that handles
[11:55.320 --> 12:04.200] the grand jury part. I said, you know, I'm old and I'm old combat veteran that don't hear so well.
[12:04.200 --> 12:14.440] And sometimes I forget things. And I seem to remember coming down here and asking you something
[12:14.440 --> 12:21.640] about all of the names of the grand jury members. But I'm not sure I remember for certain. And she
[12:21.640 --> 12:28.600] started to say something. I said, hold on here. I'm doing something real specific here. And she
[12:28.600 --> 12:36.280] stopped. And I said, I think I remember something about it, but I'm not sure. I forget. So I'm going
[12:36.280 --> 12:44.760] to come back down here in a couple of days and ask that question again. But before I do, I handed
[12:44.760 --> 12:52.920] her a piece of paper. I would like for you to read this statute. But then she realized what I was
[12:52.920 --> 13:01.400] doing. And the clerk was sitting there and she was kind of peo'd at me because, man, I only asked
[13:01.400 --> 13:09.080] the bailiff to arrest her once. And now she's got an attitude. Well, heck, I was just joking.
[13:09.080 --> 13:24.360] So I indicated that I was going to come back and file a request for a request to petition
[13:24.360 --> 13:29.320] the grand jury. And this clerk said, well, you'll have to talk to the prosecuting attorney about
[13:29.320 --> 13:35.320] that. Oh, no. That's not going to happen. But the prosecuting attorney is the one I want to present
[13:35.320 --> 13:46.520] to the grand jury. And she said, well, he's expecting you. Say what? Oh, yeah, he's expecting you.
[13:47.720 --> 13:54.440] Well, why is he expecting me? He said, well, she said, now this is one of the clerks. She said,
[13:54.440 --> 14:07.000] he wants to apologize to you. What? Wait, who was going to apologize to you? Yeah. For the way he
[14:07.000 --> 14:17.640] treated me when I was filing complaints against. Wow. That's what I thought. Holy crap. What I think
[14:17.640 --> 14:24.920] is Judge Moore told him what I told Judge Moore. I had given the complaints to Judge Moore, but he
[14:24.920 --> 14:33.800] handled me so well. And this is the guy who the only judge I ever saw who handled his courtroom the
[14:33.800 --> 14:41.320] way I believe the courtroom should be handled. Nobody left his court feeling mistreated.
[14:41.320 --> 14:48.120] Now, he may have threw him in jail or fined him, but he gave everybody deference. He treated
[14:48.120 --> 14:54.280] them with dignity and respect. This is exactly what I asked for. Is that the same one that was
[14:54.280 --> 15:05.000] saying, well, thank you for thanking me? Yeah. Yeah. Same guy. And I told him, okay, based on
[15:05.000 --> 15:09.240] what I've experienced with this court, I'm going to back off on this. And he reminded me what I
[15:09.240 --> 15:15.880] went to. I went to the court and when he was done, he called me up and I said, I want you to take those
[15:15.880 --> 15:21.800] complaints I gave you and give them to the prosecuting attorney. He said, Mr. Calton,
[15:21.800 --> 15:27.320] I thought you were going to back off on those. I was until I talked to your smart mouth, arrogant
[15:27.320 --> 15:34.360] little attorney, a prosecutor. And I told him about what he said about the complaint against
[15:34.360 --> 15:40.440] the captain that if he had it, that he wouldn't do anything with it. And that I had told him
[15:40.440 --> 15:47.720] that I will see if I can give you the opportunity. So I want you to give those complaints to the
[15:47.720 --> 15:54.280] prosecuting attorney and give him the opportunity to do nothing with them. I said, but don't worry,
[15:54.280 --> 16:00.520] I'm not really after your prosecutor. I just, I've got a suit that I'm going to file against the SEC
[16:00.520 --> 16:06.200] Securities Exchange Commission with the federal courts. And I'm going to do it down here in Jackson,
[16:06.200 --> 16:11.960] but I don't know these courts. So I need to get a feel for how the courts work. So I'm going to use
[16:11.960 --> 16:21.960] your prosecuting attorney as a crash dummy. And I know he told the prosecutor that. And I'm certain
[16:21.960 --> 16:30.920] that he told the prosecutor, you do not want to get in court with this man. Because I, several
[16:30.920 --> 16:40.600] times I instructed the judge in the fine points of law, and he told him, you don't want to get
[16:40.600 --> 16:47.560] in court with this guy. So he wants to apologize and fix his arrogant behavior. And I told these
[16:47.560 --> 16:55.560] clerks, that is not going to happen. Okay, hang on. Going to break Randy Kelton, Brett Fountain,
[16:55.560 --> 17:03.880] rule of law radio, and we'll be right back. Rule of law radio is proud to offer the rule of law
[17:03.880 --> 17:07.880] traffic seminar. In today's America, we live in an us against them society. And if we, the people
[17:07.880 --> 17:12.280] are ever going to have a free society, then we're going to have to stand and defend our home rights.
[17:12.280 --> 17:15.960] Among those rights are the right to travel freely from place to place, the right to act in our own
[17:15.960 --> 17:20.520] private capacity, and most importantly, the right to do process of law. Traffic courts afford us the
[17:20.520 --> 17:25.000] least expensive opportunity to learn how to enforce and preserve our rights through due process.
[17:25.000 --> 17:29.080] Former sheriff's deputy, Eddie Craig, in conjunction with rule of law radio has put together the most
[17:29.080 --> 17:33.240] comprehensive teaching tool available that will help you understand what due process is and how to
[17:33.240 --> 17:37.400] hold courts to the rule of law. You can get your own copy of this invaluable material by going to
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[17:50.920 --> 17:55.160] your rights with the help of this material from ruleoflawradio.com. Order your copy today and
[17:55.160 --> 18:02.920] together we can have the free society we all want to serve. Are you being harassed by debt collectors
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[18:36.360 --> 18:41.560] the solution for how to stop debt collectors. Personal consultation is available as well.
[18:41.560 --> 18:47.480] For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner or
[18:47.480 --> 18:57.880] email Michael Mirris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.880 --> 19:06.680] To learn how to stop debt collectors' mess, you are listening to the Logos Radio Network,
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[19:10.680 --> 19:34.680] Okay, we are back, ruleoflawradio, Randy Kelton, and I'm Brett Fouton, and...
[19:34.680 --> 19:42.600] Okay, time to mincer off. Hello, Randy Kelton. Sorry about that first segment.
[19:44.040 --> 19:50.200] We were only pretending to put in an archive. So, just joking, we're having a little technical
[19:50.200 --> 19:57.400] issue. I'm out of town. I'm in Chattanooga, Tennessee, and I have a very special guest today.
[19:57.400 --> 20:05.560] He is the... This is Friday. I told you the date on the first segment, but nobody was listening
[20:05.560 --> 20:13.400] because my system wasn't listening to me. It is the Friday, the 11th day of October, 2019,
[20:14.920 --> 20:23.400] and we have David Tallis. He is the owner of 92.7 FM Nougat Radio in Chattanooga, Tennessee,
[20:23.400 --> 20:33.400] and he's a blogger with the biggest pen in Chattanooga. Long-time homeschooler, 24-year
[20:33.400 --> 20:40.840] copy editor of Chattanooga for a few times. Prostate litigant. The thing I see on here
[20:40.840 --> 20:46.760] that I like the best is he's a long-time homeschooling dad. He's a Prostate litigant,
[20:46.760 --> 20:53.560] and he forced Tennessee to rewrite their driver's license application in early 2000
[20:54.200 --> 20:59.880] to account for his argument that having no social security number, but a right to
[21:01.320 --> 21:10.040] have a driver's license, and this tended to disenfranchise the primarily immigrants
[21:10.040 --> 21:19.240] that come here to work, and they can't work. They're expected to pay taxes and pay for all
[21:19.240 --> 21:25.480] the amenities that are here, but not have access to them, and apparently got that fixed.
[21:25.480 --> 21:32.920] What I really wanted to talk about tonight was he's developed an argument on transportation
[21:32.920 --> 21:44.600] that is unique, and it's especially interesting because it switches things up from what everybody's
[21:44.600 --> 21:50.520] been doing. If you've been listening to show a long time, you know we like to find different
[21:50.520 --> 21:57.640] ways of going about these things, and David, will you tell us about your transportation
[21:57.640 --> 22:04.120] administrative notice? Well, Randall, thanks for having me on the show today, and my name is David
[22:04.120 --> 22:10.280] Tulis, and I'm glad to have the listener tonight at the Law Radio tuning into the show,
[22:10.280 --> 22:14.920] and thanks for having me. The idea of notice is very important. It's a biblical concept,
[22:14.920 --> 22:21.560] you might say, prophetic utterance as well, and in my project of transportation administrative
[22:21.560 --> 22:30.200] notice, I'm putting officials in a spot where they can't wiggle away from the claims of the law,
[22:30.200 --> 22:35.560] and what you can call the disabilities of the law. Law, of course, has powers and authority,
[22:35.560 --> 22:39.960] but every law, especially all these written statutes that we have in Texas, in the Tennessee,
[22:39.960 --> 22:44.920] and every other state, they're positive forms of law. They have disabilities. That means they
[22:44.920 --> 22:50.440] can only go so far, and their language is controlled, and the scope of their language,
[22:50.440 --> 22:55.000] the scope of their operations, is controlled by the rules of statutory construction. In other
[22:55.000 --> 23:01.480] words, how you read a law. All law is coherent. All law is self-enforcing and self-interpreting,
[23:01.480 --> 23:06.040] like one who reads the Bible uses the same principles to understand what the Bible means,
[23:06.040 --> 23:11.480] a one passage. The law is also what we read properly, and in Tennessee, we have the same
[23:11.480 --> 23:18.040] problem as travelers and private people moving around in their cars and trucks have in every
[23:18.040 --> 23:23.560] other state. We have a police industrial complex that's supported by the judiciary,
[23:24.600 --> 23:30.520] the work done by local police departments and sheriff's departments, that claims that you don't
[23:30.520 --> 23:36.280] have a right to travel in Tennessee, that you don't have in your car, truck, or motorbike,
[23:36.280 --> 23:41.960] have the right to move apart from the state-granted taxable privilege. And a random thing we're
[23:41.960 --> 23:46.440] mentioning, that's kind of the novelty, is the thinking that we have here in Tennessee,
[23:46.440 --> 23:53.160] of arguing not the right to travel, which has been long argued and has been defeated in Tennessee
[23:53.160 --> 24:00.200] course, but the right to be not involved in a taxable privilege. In other words, if a tax issue
[24:01.800 --> 24:06.360] more so in the argument than a right to travel issue. Of course, the right to travel
[24:07.400 --> 24:12.520] issue comes from other constitutions of the right of the free speech, the right of free
[24:12.520 --> 24:20.120] association, these are your state constitutions, your federal constitutions, the right of taking
[24:20.120 --> 24:25.160] part in the election processes, the right to be harmed, the right to abortion even today. We have
[24:25.160 --> 24:30.360] the right to kill your children and think about that. How do you exercise the right to abortion
[24:30.360 --> 24:36.760] if you can't get into a car and freely go from your home or your apartment to the clinic and
[24:36.760 --> 24:43.480] maybe another part of the state? And so to get there is part of the right. The actual right of
[24:43.480 --> 24:49.240] doing the deed, if it is indeed a right, is protected in the getting to it and the approach to it.
[24:49.240 --> 24:53.960] So your rights are really all expansive and there's so many that the Constitution doesn't even
[24:53.960 --> 24:59.000] enumerate them and there's a nice amendment in the federal Constitution to say that we have
[24:59.000 --> 25:03.720] otherwise not enumerated herein and we are not disparaging, we the founders are not disparaging
[25:03.720 --> 25:11.880] these other rights not enumerated here in the Bill of Rights. So by notice, I'm saying I'm
[25:11.880 --> 25:19.320] dealing more squarely with the right to travel and the limits in the statute and it is the
[25:19.320 --> 25:25.080] discussion that we can have maybe later if there's time on the tax issue which is the way of framing
[25:25.080 --> 25:30.680] the defense in court. When you are in that lower court you have your serious defense before the
[25:30.680 --> 25:36.680] judge, you have a right to pursue your analysis of the case, your theory of the case and you can
[25:36.680 --> 25:43.960] perhaps argue your right to travel through the taxable privilege framework in your law
[25:43.960 --> 25:50.280] as you can here in Tennessee and it is clearly a taxable activity and the thing that you are
[25:50.280 --> 25:57.080] presumptively alleged to be involved in in the traffic stop is what? It's transportation, right?
[25:57.080 --> 26:03.800] It's shipping and freight. So in the notice project, if I can just sketch out, we'll have
[26:03.800 --> 26:07.080] time to sketch out, land on a few details of how it works and what's in it.
[26:15.480 --> 26:19.240] Wait, did we set last part? We're still hearing you.
[26:19.240 --> 26:20.920] Okay, I just want to make sure that they...
[26:20.920 --> 26:24.280] Yeah, I was in the notice.
[26:24.280 --> 26:31.800] Unusually quiet. Okay, sorry. In the notice what I've done is I've told my local police department
[26:31.800 --> 26:37.800] in Chattanooga. It took 20 pages to do and it has two main parts but the two parts work together.
[26:37.800 --> 26:41.880] One is about the disabilities and the statute and how the statute works and the second part
[26:41.880 --> 26:47.640] which is about half of the length discusses the right to travel positively. In other words,
[26:47.640 --> 26:55.560] the document looks at, gives notice of court cases and the statute itself that show the limited
[26:55.560 --> 27:02.520] scope of Tennessee law. It is limited by federal law, UST 49, which is the federal transportation
[27:02.520 --> 27:08.760] statute. Our law, we tell our state health, the federal governor of the earth, is compliant and
[27:08.760 --> 27:14.680] exact and comports itself with the federal statute which is much more explicitly transportation oriented
[27:14.680 --> 27:21.160] and thereby protective, you might say, of the right to travel which in the hinterlands in Tennessee
[27:21.160 --> 27:26.280] and elsewhere is being offended by the police and the court that allow that offense against us
[27:26.280 --> 27:31.400] as we travel privately and freely exercising our rights, exercising the rights of communication.
[27:32.120 --> 27:35.880] The person that likes communication, the main thing in communication is getting to the place
[27:35.880 --> 27:42.520] where we're going to meet people with whom you communicate. So notice in Tennessee is called
[27:42.520 --> 27:50.680] transportation administrative notice tells the official what the law says and it doesn't really
[27:50.680 --> 27:55.320] contain an argument. It really doesn't and that's what notice is. Notice doesn't make the argument,
[27:55.320 --> 28:02.040] notice is laid out what the controlling law is for later years and the point is in notice to,
[28:02.920 --> 28:08.840] in the end, deprive the state actor of his main defense and to bring about a reform. The reform
[28:08.840 --> 28:15.640] is going to take some years, I think, to happen maybe less time if Randall's pro se litigants
[28:15.640 --> 28:23.000] or in persona prepared tactics are used but the reform will be when police departments and city
[28:23.000 --> 28:29.800] corporations finally say, okay, we are declaring ourselves obedient once again to the law despite
[28:29.800 --> 28:34.760] judicial policy. We're going to choose, we're going to choose to obey the actual black letter law
[28:34.760 --> 28:41.720] in our state and not adhere to judicial policy which is fraught with legal fictions and
[28:41.720 --> 28:49.640] misrepresentations and you're not saying legal connivances that purport to abolish our constitutional
[28:49.640 --> 28:55.880] common law rights and movements of persons, our bodies, our facts, our relations, our chattels
[28:56.920 --> 29:03.320] and notice puts these officers on warning and there's a whole doctrine of notice that I researched
[29:03.320 --> 29:10.920] in my subsequent writing about the effect of this notice and how it will take an effect at some point
[29:10.920 --> 29:16.360] because in law if you have been given notice you are quote on notice that means you have to account
[29:16.360 --> 29:25.000] for the law alleged and the court cases alleged and the facts on it and if you don't respond to
[29:25.000 --> 29:33.480] notice where there's a shift in presumption that you have accepted what is been alleged or reported
[29:33.480 --> 29:37.400] in the accounting of the statutes and the court cases in the notice and that's what's happened here.
[29:38.440 --> 29:44.200] All the, the, the, okay, wait, wait, wait, wait, hold on, we're about to go to break.
[29:44.920 --> 29:51.320] This is Randy Kelton, rule of law radio here with our special guest David Tollis and we'll
[29:51.320 --> 29:58.840] we'll be back shortly. Make sure you check our, we still have our fundraiser going screwing everything
[29:58.840 --> 30:06.200] up. We'll be right back. Thousands of Florida motorists convicted of DUI may very well have
[30:06.200 --> 30:11.080] been driving under the blood alcohol image. I'm Dr. Catherine Albrecht and I'll be back with a
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[31:21.400 --> 31:26.600] easier. I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[33:30.520 --> 33:39.080] Okay, we are back. Randy Pelton with Rural Radio, and we're talking to our special guest,
[33:39.080 --> 33:45.400] David Tollis, about transportation notice. And you know, while I'm listening to this,
[33:46.280 --> 33:55.880] the tax angle reminds me of reading about how this tax on transportation came about,
[33:55.880 --> 34:02.600] because it did originate as a tax on transportation. We had carriages
[34:03.640 --> 34:10.280] ferrying people across the bridge from Pennsylvania to New Jersey, and they would take
[34:10.280 --> 34:17.880] them to wherever they wanted to go in New Jersey, but it was generally just right across the bridge.
[34:17.880 --> 34:25.960] So the carriage operators in New Jersey felt like these guys were stealing their fare, so they
[34:25.960 --> 34:35.800] raised a big stink about it. And the state put in a tax on carriages, and they went to the
[34:35.800 --> 34:42.760] federal supreme, and the supreme said that they could not tax carriages in general,
[34:42.760 --> 34:50.760] but they could only tax carriages that were using the bridge for commercial purposes.
[34:53.000 --> 34:59.880] And then as we began to get automobiles, they brought this same idea forward to tax automobiles,
[34:59.880 --> 35:04.520] but at the end of the day, David, you're absolutely right. This is a tax.
[35:04.520 --> 35:12.680] Right. And Laurendall, I appreciate you having me on. It is a tax, and there's a reason for it,
[35:12.680 --> 35:18.600] and we shouldn't be resentful about the idea of police powers applying themselves specifically
[35:18.600 --> 35:24.520] to tax to tax. And you can see that the Highway Patrol has two authorities and two duties in
[35:24.520 --> 35:31.640] the statute. One is to enforce the transportation law on users of the road, that's one, and then
[35:31.640 --> 35:37.240] two is to help collect revenue. So it is a tax department. It's a tax department revenue through
[35:37.240 --> 35:43.320] the local court. It's a tax issue because people who use the road for private profit gain
[35:45.240 --> 35:52.760] are making their living on that property, the people's property, the road, the infrastructure
[35:52.760 --> 36:01.240] payable by taxation, by taxpayers, by bonds, and transaction taxes in the state, and the people
[36:01.240 --> 36:08.600] who's living, whose office, you might say, whose place of making their gain is the people's property,
[36:08.600 --> 36:13.080] they have to pay for that. And since they're endangering others, other people involved in
[36:13.080 --> 36:18.440] transportation, and other private parties, and other parties that are private, they have to be
[36:18.440 --> 36:23.400] subject to police power and taxation. So it's reasonable that the tax power of the police
[36:23.400 --> 36:28.360] power be applied to them and not to other people who are not using the road for private gain,
[36:28.360 --> 36:33.640] but just for pleasure. So in our law, and I comb through our law very carefully in writing the
[36:33.640 --> 36:38.360] notice, all the uses of the road for pleasure, all the uses of the road for travel, the private
[36:38.360 --> 36:45.240] traveler who's on the road for his own pleasure is not subject to the police power because he's
[36:45.240 --> 36:50.440] not making a private gain, he's not doing anything stimulative of the state's interest.
[36:50.440 --> 36:57.320] Private activity in law is not accorded the interest of the state, but there's no state
[36:57.320 --> 37:05.080] interest in it. It's private, not public. And so framing the travel issue as a tax issue is
[37:05.080 --> 37:11.800] one way of getting around the roadblock of our unconstitutional activist judiciary in Tennessee,
[37:11.800 --> 37:15.400] which is mirrored in every other state. If the listener is from another place, the same thing
[37:15.400 --> 37:23.000] has happened thanks to judicial conferences and the like nationwide in the 15 states of public.
[37:23.000 --> 37:28.360] But now the notice project, if I can just bring our listeners just joined us up to speed, is I've
[37:28.360 --> 37:33.720] given the details of analysis as administrative notice. I'm dealing with people who operate in
[37:33.720 --> 37:40.600] the administrative realm of law, right? Your title, your state code is administrative law.
[37:40.600 --> 37:45.080] It doesn't apply to anybody. It doesn't apply to everybody. It applies only to people who have an
[37:45.080 --> 37:51.720] equitable financial contractual interest with the state to become licensees. They have applied
[37:51.720 --> 37:58.200] to become licensees of the state. You might say war to the state, subject to the state,
[37:58.200 --> 38:03.160] working in the state's interest, working in compliance with the state's rules and its
[38:03.160 --> 38:09.320] regulations, departmental regulations and sexual rules. They agree to uphold all those.
[38:09.320 --> 38:13.880] Why? Because they're getting a special favor, right? A privilege the user wrote for private
[38:13.880 --> 38:18.200] profit and gain is a favor from the state. So it's reasonable that they'd be subject to
[38:18.200 --> 38:25.240] the police, the traffic stop as we call it, the traffic arrest with this very low threshold of
[38:25.240 --> 38:30.360] problem of cause. Again, because it's in the administrative realm. The cop can stop you from
[38:30.360 --> 38:35.160] the star tag light, which how many black people have been shot dead because of tag light being the
[38:35.160 --> 38:41.640] pretext of the stop. The tag light is a problem of cause in the administrative realm, not in the
[38:41.640 --> 38:47.000] real law, not in the constitution. There's no, just because it's not a crime. It's an infraction
[38:47.000 --> 38:51.720] because it's a violation of your title. In my state, Title 55, the double nickel, that's where
[38:51.720 --> 38:56.680] all these laws are, that's where all these regulations are. Upon those who have that special
[38:56.680 --> 39:04.680] privilege, that special favor from our elite protectors in Nashville, they are bound by that,
[39:04.680 --> 39:09.160] by that law. So it's administrative law. And that's why I call it administrative notice because
[39:09.160 --> 39:15.800] in administrative notice, there is the shifting of presumption. I'd say legally the most important
[39:15.800 --> 39:20.360] thing is to shift presents against the state actor. Now before the break, I was just about to
[39:20.360 --> 39:26.520] explain what I've done. I allege in my analysis to have changed the tectonic plates of the law in
[39:26.520 --> 39:33.240] Tennessee by starting to change here in my hometown where I live and where I make my living as a
[39:33.240 --> 39:41.000] broadcast journalist and reporter and home school family man, Christian man. What I've done is
[39:41.000 --> 39:47.480] surprised the state actor of his regular defense, his routine defense in oppressive action is always,
[39:47.480 --> 39:53.880] I didn't intend to oppress that person. I didn't know that I was doing it. I have the basic defense
[39:53.880 --> 39:59.240] of ignorance and lack of intentionality. So oppression statutes elsewhere, I know in Tennessee
[39:59.240 --> 40:05.080] is true, say that the officer is guilty of a criminal act of oppression if he intentionally
[40:05.080 --> 40:11.400] and knowingly violates someone's constitutional status toward a civil life. And so if you give notice,
[40:11.400 --> 40:19.080] what you're saying is the officer knew he was oppressive by doing this. He knew that I was not
[40:19.080 --> 40:24.920] involved in transportation. I was not involved in shipping or plate. He knew I wasn't a carrier,
[40:24.920 --> 40:29.960] either common or private carrier, which is the only two types that there are. And he's still
[40:29.960 --> 40:35.480] harassment. He still cited me. And so there's now a breach because the officer knowingly and
[40:35.480 --> 40:40.440] intentionally did something, which he'd been trained to do. All the officers are trained
[40:40.440 --> 40:46.280] to stop our listener, the private user of the road, and they're trained without any consideration
[40:46.280 --> 40:51.640] of the actual black letter law. They're following judicial policy and they're ignoring
[40:51.640 --> 40:55.480] actual black letter law and they have to ignore the Constitution. Probably in every state we have
[40:55.480 --> 41:04.440] criminal protections on life. What I'm hearing, every state that I've looked at
[41:05.720 --> 41:15.800] is essentially in precisely the same position. This notice would be as effective in any other state
[41:15.800 --> 41:29.080] as it is in Tennessee. And in speaking to that, the police use traffic in order to be able to
[41:29.080 --> 41:38.840] interact with us at will. If they didn't have the traffic laws, then they would have to actually
[41:38.840 --> 41:45.880] work a lot harder to stop people and charge them with crime, because they would have no reason
[41:45.880 --> 41:52.760] to interfere with them. We go back 150 years when people were riding horses, there were no
[41:52.760 --> 42:02.840] licenses on horses, and the police couldn't just arbitrarily stop someone. Now the traffic
[42:02.840 --> 42:08.920] laws didn't just make up anything. Well, that's right. What they've done by commercializing all
[42:08.920 --> 42:14.440] travel to become commerce, Randall, they've lowered the threshold of probably the cause.
[42:14.440 --> 42:19.560] Trouble cause now is to tag like that, and Sandra Bland, she didn't use her indicator,
[42:19.560 --> 42:24.680] and she ended up committing suicide after a terrible deal, and I think that takes us to jail.
[42:25.800 --> 42:30.280] The threshold of trouble cause is now on the floor, and what you're doing and what little law
[42:30.280 --> 42:34.360] regulars are trying to do is say, no, hold it. Our protections are really higher up. They're up here,
[42:34.360 --> 42:38.600] the fact that just flying over our head, we have to tiptoe over this protection as C over,
[42:38.600 --> 42:43.800] and top has to stand on a box, but if you're going to look over that barrier of protection
[42:43.800 --> 42:49.880] and look down at us and ask a question, the high standard of problem of cause, which is
[42:49.880 --> 42:53.800] a criminal act, or has to be a criminal act under the criminal code in your state.
[42:53.800 --> 43:02.360] In my state, the criminal code is 39. The traffic code is 55. In that 39 provision in your state,
[43:02.360 --> 43:07.320] there has to be something that the author has noticed that you violated. So that there now,
[43:07.320 --> 43:11.240] your threshold of protection is very high. That wall is very, very high. He can't just stop.
[43:11.880 --> 43:16.200] So what we're trying to do is restore our ancient life. We're trying to move the landmark,
[43:16.200 --> 43:20.040] where the Bible talks about the landmarks being moved as prohibited. It's in deoronomy,
[43:20.040 --> 43:24.920] it's repeated in Proverbs, and in the Old Testament law, in the hand of Moses, it's very
[43:24.920 --> 43:30.200] clear that moving the landmark is a breach. It is a cause of a curse in the cursings and
[43:30.200 --> 43:35.400] blessings provisions in the Deuteronomy 28, as a crime.
[43:37.000 --> 43:43.480] Hang on. We're about to go to break. I do have the phone lines on. If you tried to call in a
[43:43.480 --> 43:49.160] little bit earlier, I didn't have them turned on. I'll blame Deborah for that, since she's not here.
[43:50.280 --> 43:57.560] When we have the phone lines on, we'll have them on all night. I'll call in number 512-646-1984.
[43:57.560 --> 43:59.880] Give us a call, especially if you have some questions for Dick.
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[46:26.680 --> 46:36.280] Be careful what I'm wishing for. When I'm hungry, I like to know just what I'm wishing for. I ain't
[46:36.280 --> 46:42.680] asking for much. I ain't trying to be no glutton. I'm just here making my...
[46:42.680 --> 46:56.760] My bake, Randy Cosby here with special guest, Davey Toast, and while we're talking all day,
[46:56.760 --> 47:07.080] we were talking about some19. What would the police do if they didn't have traffic as a reason to
[47:07.080 --> 47:11.240] to stop anyone anywhere at any time.
[47:12.160 --> 47:14.160] How would they catch all these criminals?
[47:15.500 --> 47:18.560] They would actually have to start doing real police work
[47:18.560 --> 47:21.640] the way real police work used to be done
[47:21.640 --> 47:25.560] when we didn't have automobiles and traffic laws
[47:25.560 --> 47:28.520] so we had an easy shot at everyone.
[47:28.520 --> 47:31.880] And on the break we spoke to David about
[47:31.880 --> 47:36.560] a primary objection that city councils
[47:36.560 --> 47:38.640] and individuals have.
[47:40.000 --> 47:43.000] David, what was that objection you were referring to?
[47:44.200 --> 47:46.640] Well, Randall Kelton, thanks so much
[47:46.640 --> 47:47.760] for having me on the program.
[47:47.760 --> 47:49.480] They're really honored to be here.
[47:49.480 --> 47:52.200] The objection that I get universally
[47:52.200 --> 47:57.080] to having a free market, a free movement on the road,
[47:57.080 --> 48:01.680] an unsurveilled roadway,
[48:02.800 --> 48:05.960] a common law perspective,
[48:05.960 --> 48:09.880] having common law once again control the use of the road
[48:09.880 --> 48:11.400] is this.
[48:11.400 --> 48:14.560] David, if we don't have traffic laws,
[48:14.560 --> 48:16.240] even if they're illegal enforcement,
[48:16.240 --> 48:17.560] even if they're illegal enforcement,
[48:17.560 --> 48:20.960] if we don't have those laws and they're proper misuse,
[48:21.880 --> 48:24.960] we will have anarchy and chaos on the street.
[48:24.960 --> 48:26.760] We'll have DUIs going left and right.
[48:26.760 --> 48:30.720] We'll have car crashes here and there.
[48:30.720 --> 48:33.400] You'll see columns of smoke rising from cities
[48:33.400 --> 48:35.280] as cars crashing to each other
[48:35.280 --> 48:36.880] and burn and no one cares
[48:36.880 --> 48:39.360] and people are just ruining the lives of others,
[48:39.360 --> 48:44.360] running over pedestrians, crashing through red lights,
[48:44.760 --> 48:48.640] rushing past stop buses with rows of children
[48:48.640 --> 48:51.320] streaming from the open door and across the street.
[48:51.320 --> 48:53.000] We'll have all kinds of carelessness
[48:53.000 --> 48:54.200] and there won't be any way of stopping.
[48:54.200 --> 48:57.440] We'll have anarchy, Randall, we'll have anarchy.
[48:57.440 --> 48:59.120] What are you proposed to do?
[48:59.120 --> 49:01.680] How do you propose to prevent that from happening?
[49:01.680 --> 49:03.280] Well, this is a question, Randall,
[49:03.280 --> 49:05.880] that has essentially a religious origin.
[49:05.880 --> 49:10.640] Religious origin, the presupposition behind it is this,
[49:10.640 --> 49:13.600] that there is no, there is no,
[49:14.920 --> 49:17.320] not to say amity in human relations,
[49:17.320 --> 49:19.920] that society is based on warfare.
[49:19.920 --> 49:21.680] There's class warfare,
[49:21.680 --> 49:25.000] there's warfare among individuals and families and groups.
[49:25.000 --> 49:26.840] It is a perspective of society,
[49:26.840 --> 49:29.240] which is very bleak and very humanistic.
[49:30.240 --> 49:32.480] My own Christian perspective was saying that,
[49:32.480 --> 49:35.680] no, there is in control, in fact, the harmony of interest.
[49:35.680 --> 49:37.760] The harmony of interest concept,
[49:37.760 --> 49:40.320] in fact, undergirds pre-market capitalism,
[49:40.320 --> 49:44.680] where the provider, the producer serves the buyer, right?
[49:44.680 --> 49:46.520] That's how the pre-market works,
[49:46.520 --> 49:51.520] where everybody amicably using price and quality and time
[49:51.640 --> 49:53.680] and so on in measuring how they want to affect
[49:53.680 --> 49:56.360] their transactions, you have harmony in the marketplace.
[49:56.360 --> 49:58.240] You have competition, you have harmony,
[49:58.240 --> 49:59.360] you have satisfied customers,
[49:59.360 --> 50:01.040] you have producers that make a profit,
[50:01.040 --> 50:02.720] enough to make the next widget,
[50:02.720 --> 50:04.160] like to make a profit on the first widget,
[50:04.160 --> 50:05.840] to make a second one.
[50:05.840 --> 50:07.080] That's called the harmony of interest.
[50:07.080 --> 50:09.080] And so there's a, in this question,
[50:09.080 --> 50:11.120] there is this doubt about human nature.
[50:11.120 --> 50:13.640] That's a doubt shared by the Democrats and Republicans
[50:13.640 --> 50:17.280] that people are inherently wicked, bad and self-destructive.
[50:17.280 --> 50:21.400] And if we don't have the police state operating every day
[50:21.400 --> 50:24.680] and with the Hawkeye officer with his hand on his gun,
[50:24.680 --> 50:28.640] ready to pull it out and to stop some woman
[50:28.640 --> 50:31.520] or to run a woman in a summer dress
[50:31.520 --> 50:32.640] to the ground in a parking lot,
[50:32.640 --> 50:34.440] because she didn't use her indicator
[50:34.440 --> 50:37.200] making the left turn out to date,
[50:38.440 --> 50:40.680] that we're gonna have loss of life,
[50:40.680 --> 50:43.000] a lot of bloodletting and disaster.
[50:43.000 --> 50:45.240] Well, that is simply a religious argument
[50:45.240 --> 50:46.960] about the nature of man.
[50:46.960 --> 50:49.120] And I don't believe in that in that perspective,
[50:49.120 --> 50:51.120] probably because I believe in free market capitalism,
[50:51.120 --> 50:53.200] I believe in constitutional government.
[50:53.200 --> 50:57.080] And so my conception is that that is a bogus argument,
[50:57.080 --> 50:58.880] but it's funny, even city council people,
[50:58.880 --> 51:01.400] if I'm not gonna discuss my transportation
[51:01.400 --> 51:03.560] as administrative notice with,
[51:03.560 --> 51:05.160] jump to that, is there a first objection?
[51:05.160 --> 51:06.160] Who dated?
[51:06.160 --> 51:07.000] What about DUI?
[51:07.000 --> 51:08.320] How are you gonna stop them?
[51:08.320 --> 51:09.360] Well, let me ask you,
[51:09.360 --> 51:12.480] is there other ways of stopping things
[51:12.480 --> 51:13.880] such as driving under the influence
[51:13.880 --> 51:17.000] or dangerous speeding where you're offloading risk
[51:17.000 --> 51:19.160] upon others by your speed?
[51:19.160 --> 51:20.320] How do you stop people like that
[51:20.320 --> 51:27.320] without the traffic codes, I wonder?
[51:37.560 --> 51:42.560] Oh, somebody snuck in here and muted my mic
[51:42.960 --> 51:44.680] when I wasn't looking.
[51:44.680 --> 51:46.880] I have this problem a lot, though.
[51:46.880 --> 51:49.600] Okay, great.
[51:49.600 --> 51:54.600] There, Tehran Iran has no traffic laws.
[51:55.800 --> 51:57.640] They have no traffic lights.
[51:57.640 --> 52:00.040] They have no stop signs.
[52:00.040 --> 52:04.120] And their accident rates no greater than it is here.
[52:04.120 --> 52:05.720] So think about it.
[52:05.720 --> 52:09.520] You get out on the road and there are no traffic lights.
[52:09.520 --> 52:12.760] There are no rules.
[52:12.760 --> 52:16.640] How are you going to conduct yourself?
[52:16.640 --> 52:18.720] Every time you come to an intersection,
[52:18.720 --> 52:20.920] you're gonna be paying attention.
[52:20.920 --> 52:22.520] Right now, I get on the road.
[52:22.520 --> 52:24.600] If I don't have a red light,
[52:24.600 --> 52:25.800] now I'm on the main road.
[52:25.800 --> 52:29.120] I don't even pay any attention to the side roads.
[52:29.120 --> 52:31.640] Because I know everybody's got a stop sign
[52:31.640 --> 52:35.160] and I know that that stop sign just automatically
[52:35.160 --> 52:39.160] puts the brakes on on that guy's car.
[52:39.160 --> 52:42.400] And when somebody happens to run one of those stop signs,
[52:42.400 --> 52:44.680] it's chaos.
[52:44.680 --> 52:47.680] Well, if there were no stop signs,
[52:47.680 --> 52:49.720] human beings are not suicidal.
[52:51.160 --> 52:53.520] We're not gonna drive like crazy people
[52:53.520 --> 52:55.240] cause somebody kill us.
[52:55.240 --> 52:58.440] It's just the natural human beings
[52:58.440 --> 53:00.960] know how to get along with one another.
[53:00.960 --> 53:03.920] And it is our nature.
[53:03.920 --> 53:08.120] We are a group together.
[53:08.120 --> 53:09.120] We live together.
[53:09.120 --> 53:13.600] We're humans heard or we have a hurting instinct.
[53:13.600 --> 53:18.600] And you get kids to go to war and risk their lives for what?
[53:19.280 --> 53:20.160] For the group.
[53:21.520 --> 53:24.120] In our nature, to take care of one another.
[53:24.120 --> 53:29.120] We don't need some police watchdog standing over us,
[53:29.960 --> 53:33.240] ready to pounce on us at the slightest impraction.
[53:33.240 --> 53:35.400] We can handle ourselves.
[53:35.400 --> 53:37.080] We're intelligent human beings.
[53:38.080 --> 53:40.680] The police have taken the traffic laws
[53:40.680 --> 53:45.680] and use them as a way to be able to stop anyone
[53:46.160 --> 53:51.160] any time makes it real easy for them to find the bad guys.
[53:51.280 --> 53:54.280] The problem is, is they find more bad guys
[53:54.280 --> 53:56.160] than are really out there.
[53:56.160 --> 53:58.360] Right, and that's right.
[53:58.360 --> 54:01.320] So what we're trying to do with our whole labor
[54:01.320 --> 54:03.480] in the study of the transportation law,
[54:03.480 --> 54:06.360] the reading of court cases, the dealing with officials,
[54:06.360 --> 54:09.680] then in my case, the putting of the key officials
[54:09.680 --> 54:12.880] personally on notice is to say,
[54:12.880 --> 54:15.000] look, you're stepping out of a limb here.
[54:15.000 --> 54:20.000] You're doing something that gives you a personal liability.
[54:20.000 --> 54:21.640] So here's your choice, Chair of Hammond,
[54:21.640 --> 54:25.680] Jim Hammond of Hamilton County, which surrounds Chattanooga.
[54:25.680 --> 54:27.440] Do you want to obey the black letter law
[54:27.440 --> 54:28.960] and respect the rights of the people
[54:28.960 --> 54:31.000] who are solicitors of my radio station?
[54:31.000 --> 54:34.080] Or do you want to follow a judicial policy?
[54:34.080 --> 54:37.080] That's a neutral, non-argumentative,
[54:37.080 --> 54:40.240] non-inflammatory way of putting the issue.
[54:40.240 --> 54:41.760] Do you follow the judicial policy,
[54:41.760 --> 54:45.600] which pretends that there's lawful use of police power
[54:45.600 --> 54:47.080] on this ultra-virus activity,
[54:47.080 --> 54:48.720] or do you follow the actual law
[54:48.720 --> 54:53.400] as it's correctly framed by the rules of construction
[54:53.400 --> 54:56.160] and our rights, or do you follow the policy?
[54:56.160 --> 54:58.680] And I want to just say this quickly about the word ultra-virus.
[54:58.680 --> 55:01.200] That is, you might say it's a Latin term
[55:01.200 --> 55:06.040] which means beyond the authority of or outside the view
[55:06.040 --> 55:10.320] of, you know, virus, I think is view and ultra is outside the view.
[55:10.320 --> 55:13.640] So what we're looking at here is policing across the country
[55:13.640 --> 55:18.880] in every state done outside the scope of the actual statute.
[55:18.880 --> 55:22.080] And look at it this way, it's a foot-wide law,
[55:22.080 --> 55:23.400] and I've used this illustration
[55:23.400 --> 55:26.200] of the little kind of commission and city council.
[55:26.200 --> 55:27.160] You have a foot-wide law,
[55:27.160 --> 55:29.160] and I hold my hands up and put it apart.
[55:29.160 --> 55:32.280] But it's enforced as if it were a yard wide.
[55:32.280 --> 55:34.800] And then I put my arm out, waved as far as I can,
[55:34.800 --> 55:37.480] and say now the extra space here,
[55:37.480 --> 55:41.400] the actual scope, the foot, includes shippers.
[55:41.400 --> 55:43.080] Okay, that would be dump truck operators,
[55:43.080 --> 55:48.040] animal operators, cement mixers, haulers, movers,
[55:48.040 --> 55:53.520] trade body movers, big shippers with their rigs, cabs,
[55:53.520 --> 55:55.840] courier services, Uber, these are all parties
[55:55.840 --> 55:58.600] making a living on the road, right?
[55:58.600 --> 56:02.600] And so they're the ones who follow that one foot, okay?
[56:02.600 --> 56:06.280] But the other two feet, that's the ultra-virus point,
[56:06.280 --> 56:08.840] the outside the view, outside the scope,
[56:08.840 --> 56:12.280] part of productive, progressive,
[56:12.280 --> 56:14.800] status, you know, surveillance activities,
[56:14.800 --> 56:16.960] the part that keeps the jail strong,
[56:16.960 --> 56:19.920] the part that lets the white legal political establishment
[56:19.920 --> 56:22.640] and others, the law of the bar,
[56:22.640 --> 56:26.800] make their livings off the weak, the poor, the ignorant,
[56:26.800 --> 56:30.680] the immigrant bricklayer with his kids in the back,
[56:30.680 --> 56:34.600] the African-American man who never has had a license,
[56:34.600 --> 56:37.480] and people who don't really know about it, you know,
[56:37.480 --> 56:39.360] poor-looking people often are all criminal,
[56:39.360 --> 56:42.560] like if you're a cop, you look at a poor-looking young black man
[56:42.560 --> 56:45.160] in his late 20s, you're pretty sure he's got drugs on him,
[56:45.160 --> 56:47.440] he's got stolen property, and you just have to find a way
[56:47.440 --> 56:50.160] to get him to stop, then you can start sniffing him out
[56:50.160 --> 56:52.200] and make him incriminate himself,
[56:52.200 --> 56:55.520] so you can then have grounds for a search, right?
[56:55.520 --> 56:56.680] And then, of course, you get his name,
[56:56.680 --> 56:59.080] and no doubt he has a spending license,
[56:59.080 --> 57:00.000] so we get him on that.
[57:00.000 --> 57:02.560] Then we search his car, and we find war
[57:02.560 --> 57:05.360] as part of our holy drug war,
[57:05.360 --> 57:09.000] which the listener knows the drug war,
[57:09.000 --> 57:13.320] which is the engine behind the traffic stop,
[57:13.320 --> 57:16.800] was created by President Nixon and John O'Lickman
[57:16.800 --> 57:21.160] to harass and defame peace nicks,
[57:21.160 --> 57:24.720] people against the war in Vietnam, and black activists.
[57:24.720 --> 57:26.360] Those parties were the big enemies
[57:26.360 --> 57:28.600] of the Republican legal establishment,
[57:28.600 --> 57:30.840] and we can disrupt their meetings, their people,
[57:30.840 --> 57:34.160] we can be smirks their reputations
[57:34.160 --> 57:36.560] by hauling them into court on drug charges.
[57:36.560 --> 57:39.280] They knew there was nothing really wrong with these drugs,
[57:39.280 --> 57:42.000] they were just medications that are a useful pleasure,
[57:42.000 --> 57:45.240] and yet they wanted to affect a public policy
[57:45.240 --> 57:47.000] which is still in effect and is ruinous
[57:47.000 --> 57:50.720] on hundreds of thousands of people since it began.
[57:50.720 --> 57:53.160] And what notice does, Randall,
[57:53.160 --> 57:56.440] if you want to say a little bit about the technique
[57:56.440 --> 57:58.600] in the notice, is there some value in that,
[57:58.600 --> 58:00.760] how it did it, is there some use in that?
[58:04.040 --> 58:04.880] I'll say that again.
[58:04.880 --> 58:06.040] Is there some use in my,
[58:06.040 --> 58:07.920] is there some use in my disgusting,
[58:07.920 --> 58:09.800] just quickly how, how notice was,
[58:09.800 --> 58:11.080] and how I got it out there,
[58:11.080 --> 58:13.920] and how I published it, and so on?
[58:13.920 --> 58:18.520] Yes, no, this is an area that we haven't addressed a lot,
[58:18.520 --> 58:19.880] we're about to go to break.
[58:21.240 --> 58:22.080] Okay.
[58:22.080 --> 58:27.800] Hold on, we've got about 24 seconds,
[58:27.800 --> 58:30.440] we've got John on,
[58:30.440 --> 58:32.880] John, I hope you have a question on point,
[58:32.880 --> 58:35.360] I'll check you when we come back in.
[58:35.360 --> 58:36.800] If you have one on point, we'll go to you.
[58:36.800 --> 58:38.920] If not, we'll just leave you there
[58:38.920 --> 58:41.920] because we'll always annoy John anyway.
[58:41.920 --> 58:44.200] Hang on, John, call lines are open.
[58:44.200 --> 58:46.880] If you have a question or comment, give us a call.
[58:46.880 --> 58:47.880] We'll be right back.
[58:47.880 --> 58:52.880] Would you like to make more definite progress
[58:52.880 --> 58:54.200] in your walk with God?
[58:54.200 --> 58:57.680] Bibles for America is offering a free study Bible
[58:57.680 --> 59:01.120] and a set of free Christian books that can really help.
[59:01.120 --> 59:02.800] The New Testament recovery version
[59:02.800 --> 59:05.120] is one of the most comprehensive study Bibles
[59:05.120 --> 59:06.320] available today.
[59:06.320 --> 59:07.880] It's an accurate translation
[59:07.880 --> 59:09.960] and it contains thousands of footnotes
[59:09.960 --> 59:11.520] that will help you to know God
[59:11.520 --> 59:13.600] and to know the meaning of life.
[59:13.600 --> 59:15.760] The free books are a three volume set
[59:15.760 --> 59:18.560] called basic elements of the Christian life.
[59:18.560 --> 59:21.560] Chapter by chapter, basic elements of the Christian life
[59:21.560 --> 59:24.400] clearly presents God's plan of salvation,
[59:24.400 --> 59:28.040] growing in Christ and how to build up the church.
[59:28.040 --> 59:30.960] To order your free New Testament recovery version
[59:30.960 --> 59:34.040] and basic elements of the Christian life,
[59:34.040 --> 59:39.040] call Bibles for America toll free at 888-551-0102.
[59:40.720 --> 59:45.280] That's 888-551-0102.
[59:45.280 --> 59:49.720] Or visit us online at bfa.org.
[59:51.040 --> 59:55.400] Live free speech radio, logosradionetwork.com.
[01:00:00.760 --> 01:00:03.200] The following is flash is brought to you by
[01:00:03.200 --> 01:00:04.800] the Low Star Lowdowns.
[01:00:06.200 --> 01:00:09.280] Markets for Monday the 22nd of July, 2019,
[01:00:09.280 --> 01:00:13.080] open with precious metals, gold, $1,429 an ounce,
[01:00:13.080 --> 01:00:17.800] silver, $16.45 an ounce, copper, $2.75 an ounce,
[01:00:17.800 --> 01:00:21.000] oil, Texas crude, $55.63 a barrel,
[01:00:21.000 --> 01:00:23.640] Brent crude, $62.47 a barrel,
[01:00:23.640 --> 01:00:25.560] and cryptos in order of market cap,
[01:00:25.560 --> 01:00:29.320] Bitcoin Core, $10,566.52,
[01:00:29.320 --> 01:00:32.280] Ethereum, $227.26,
[01:00:32.280 --> 01:00:34.600] XRP, Ripple, $0.33,
[01:00:34.600 --> 01:00:37.120] white coin, $100.31,
[01:00:37.120 --> 01:00:43.120] and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.120 --> 01:00:48.720] Today in History, the year 1916,
[01:00:48.720 --> 01:00:50.480] the Preparedness Day Bombing,
[01:00:50.480 --> 01:00:53.800] a time suitcase bomb was detonated on Market Street
[01:00:53.800 --> 01:00:55.960] in San Francisco during the World War I
[01:00:55.960 --> 01:00:57.600] Preparedness Day Parade,
[01:00:57.600 --> 01:00:59.680] killing 10 and injuring 40.
[01:00:59.680 --> 01:01:00.680] Today in History.
[01:01:04.680 --> 01:01:05.640] And recent news,
[01:01:05.640 --> 01:01:08.680] since Governor Greg Abbott signed House Bill 1325,
[01:01:08.680 --> 01:01:11.240] legalizing Hempett attacks his law back in June,
[01:01:11.240 --> 01:01:12.800] county prosecutors around the state,
[01:01:12.800 --> 01:01:15.160] including Houston, Austin, and San Antonio,
[01:01:15.160 --> 01:01:17.160] have been dropping marijuana possession charges
[01:01:17.160 --> 01:01:18.960] and even refusing to file new ones,
[01:01:18.960 --> 01:01:21.600] since they are stipulating that they do not have the time
[01:01:21.600 --> 01:01:24.800] or the laboratory equipment to test the herb for THC.
[01:01:24.800 --> 01:01:27.280] Margaret Moore, the Travis County District Attorney
[01:01:27.280 --> 01:01:29.400] announced earlier this month that she was dismissing
[01:01:29.400 --> 01:01:32.640] 32 felony possession and delivery of marijuana cases
[01:01:32.640 --> 01:01:33.680] because of the law.
[01:01:33.680 --> 01:01:35.560] Mr. Abbott and other state officials,
[01:01:35.560 --> 01:01:37.840] including the Attorney General stipulated in a letter
[01:01:37.840 --> 01:01:40.040] to county district attorneys back on Thursday
[01:01:40.040 --> 01:01:43.040] that marijuana has not been decriminalized in Texas
[01:01:43.040 --> 01:01:45.880] and that these actions demonstrate a misunderstanding
[01:01:45.880 --> 01:01:48.280] of how HB 1325 works,
[01:01:48.280 --> 01:01:51.240] as well as other cities too, like the district attorney
[01:01:51.240 --> 01:01:54.600] in El Paso, Taima Esparza, a Democrat
[01:01:54.600 --> 01:01:57.200] who also stated earlier this month that the law,
[01:01:57.200 --> 01:01:58.880] quote, will not have an effect
[01:01:58.880 --> 01:02:01.960] on the prosecution of marijuana cases in El Paso.
[01:02:01.960 --> 01:02:04.080] However, the issue was succinctly summarized
[01:02:04.080 --> 01:02:06.920] by Mr. Brandon Ball, an assistant public defender
[01:02:06.920 --> 01:02:08.920] in Harris County who stated that, quote,
[01:02:08.920 --> 01:02:11.360] the law is constantly changing on what makes something
[01:02:11.360 --> 01:02:13.480] illegal based on its chemical makeup.
[01:02:13.480 --> 01:02:16.120] It's important that if someone is charged with something,
[01:02:16.120 --> 01:02:18.440] the test matches what they're charged with.
[01:02:22.680 --> 01:02:24.760] A paper by Tulane University identified
[01:02:24.760 --> 01:02:27.360] a five and a half inch American pocket shark
[01:02:27.360 --> 01:02:30.160] as the first of its kind in the Gulf of Mexico,
[01:02:30.160 --> 01:02:32.840] the specimen being only the second pocket shark
[01:02:32.840 --> 01:02:35.640] ever captured or recorded with the other one
[01:02:35.640 --> 01:02:39.320] being found way back in 1979 in the East Pacific Ocean.
[01:02:39.320 --> 01:02:40.720] According to the university paper,
[01:02:40.720 --> 01:02:42.800] the shark secretes a luminous fluid
[01:02:42.800 --> 01:02:46.800] from a gland near its front fins for the purposes
[01:02:46.800 --> 01:02:49.120] hypothesized to lure and prey
[01:02:49.120 --> 01:02:50.840] who may be drawn into the glow.
[01:02:53.840 --> 01:02:55.440] This was Book Roadie with the Lowdown
[01:02:55.440 --> 01:03:00.440] to Y-22, 2019.
[01:03:00.440 --> 01:03:28.440] It's all according to the will of the Almighty.
[01:03:28.440 --> 01:03:31.440] I won't pay for the war with my body.
[01:03:31.440 --> 01:03:34.920] Ain't gonna pay for the car with my money.
[01:03:34.920 --> 01:03:38.400] I won't pay for the fun with my body.
[01:03:38.400 --> 01:03:41.760] The plants wicked in their logic shoddy.
[01:03:41.760 --> 01:03:45.200] Ain't gonna pay for the oil with my body.
[01:03:45.200 --> 01:03:48.520] I won't pay for the boys with my money.
[01:03:48.520 --> 01:03:52.760] Ain't gonna pay for the gifts with my body.
[01:03:52.760 --> 01:03:56.120] The whole agenda smells funny.
[01:03:56.120 --> 01:04:02.600] I want to fight in a war of my own.
[01:04:02.600 --> 01:04:09.600] That one would be less accident road.
[01:04:09.600 --> 01:04:16.080] I want to pay for war of my own.
[01:04:16.080 --> 01:04:22.440] They live in glass houses so I can't want to stand for long.
[01:04:22.440 --> 01:04:24.160] OK, we are back.
[01:04:24.160 --> 01:04:28.120] Randy Kelton Google Radio on this Friday, the 11th day
[01:04:28.120 --> 01:04:33.880] of October, 2019, with our special guest David Toulouse,
[01:04:33.880 --> 01:04:40.280] the biggest blogger with the biggest pen in Chattanooga.
[01:04:40.280 --> 01:04:43.840] And essentially, the arguments you're making,
[01:04:43.840 --> 01:04:45.400] we've heard before.
[01:04:45.400 --> 01:04:49.160] This is on the line of Eddie Craig.
[01:04:49.160 --> 01:04:51.920] And Eddie Craig and I move somewhat differently.
[01:04:51.920 --> 01:04:57.960] Eddie Craig moves to the details of the underlying code.
[01:04:57.960 --> 01:05:01.800] And I want to go after the officials
[01:05:01.800 --> 01:05:05.360] for not following the law to the letter.
[01:05:05.360 --> 01:05:10.160] And they're real quick to hold us to the letter of the law.
[01:05:10.160 --> 01:05:14.800] But they really hate it when we bring the letter back to them.
[01:05:14.800 --> 01:05:20.680] And the idea of the notice, and when
[01:05:20.680 --> 01:05:25.920] we give them notice, and the notice is already public,
[01:05:25.920 --> 01:05:29.560] then when we come back and challenge them for not acting
[01:05:29.560 --> 01:05:35.160] in accordance with that notice, any argument to the contrary
[01:05:35.160 --> 01:05:40.080] would seem to come up as insincere and self-serving.
[01:05:40.080 --> 01:05:44.440] Because they certainly hold us to notice.
[01:05:44.440 --> 01:05:47.760] Right, well, that's why I randled.
[01:05:47.760 --> 01:05:51.880] The idea of the notice is to shift the tectonic plate
[01:05:51.880 --> 01:05:54.040] in your state, starting with your town.
[01:05:54.040 --> 01:05:57.680] This is a more concentric reform.
[01:05:57.680 --> 01:06:01.520] I'm proposing reform of the seizure.
[01:06:01.520 --> 01:06:03.320] It has a political component.
[01:06:03.320 --> 01:06:04.600] It has a legal component.
[01:06:04.600 --> 01:06:07.120] The political component would be the county commission
[01:06:07.120 --> 01:06:11.840] or the mayor declaring that we are going to debate the law.
[01:06:11.840 --> 01:06:15.160] We're going to stop all traffic, stop all traffic and risk
[01:06:15.160 --> 01:06:16.880] against people not involved in traffic.
[01:06:16.880 --> 01:06:19.920] That is to say, people not involved in freight shipping
[01:06:19.920 --> 01:06:24.000] and transportation in our city and then eventually in our state.
[01:06:24.000 --> 01:06:27.120] And the reform is done this way.
[01:06:27.120 --> 01:06:29.280] If there is an encounter by the officer
[01:06:29.280 --> 01:06:31.400] with someone in a car or a truck, he
[01:06:31.400 --> 01:06:33.480] has to ask a preliminary question.
[01:06:33.480 --> 01:06:37.040] The gateway question is, sir or ma'am,
[01:06:37.040 --> 01:06:43.800] are you involved right now in a for-profit, for hire activity
[01:06:43.800 --> 01:06:45.680] for private gain as a carrier?
[01:06:45.680 --> 01:06:46.560] Is that something like that?
[01:06:46.560 --> 01:06:50.960] He has to determine if that's involved in the shipping trade.
[01:06:50.960 --> 01:06:57.080] OK, this is the primary argument
[01:06:57.080 --> 01:07:02.960] that I'm asking people to make on a traffic ticket.
[01:07:02.960 --> 01:07:05.960] When you get a traffic ticket, I'm
[01:07:05.960 --> 01:07:12.480] suggesting that they challenge the sufficiency of the allegation
[01:07:12.480 --> 01:07:16.120] because the allegation does not allege all the elements
[01:07:16.120 --> 01:07:18.800] of the offense.
[01:07:18.800 --> 01:07:26.720] The first primary element is that the officer has reason
[01:07:26.720 --> 01:07:31.360] to believe and does believe that the individual is
[01:07:31.360 --> 01:07:33.200] operating in commerce.
[01:07:33.200 --> 01:07:36.280] That is a necessary element.
[01:07:36.280 --> 01:07:38.960] If it's not stated, then the charging instrument
[01:07:38.960 --> 01:07:40.640] is insufficient on its face.
[01:07:40.640 --> 01:07:43.640] Mr. Esmeralda.
[01:07:43.640 --> 01:07:44.640] Mr. Esmeralda.
[01:07:44.640 --> 01:07:46.360] Randy, you're exactly right.
[01:07:46.360 --> 01:07:49.840] And part of my work in developing this administrative notice
[01:07:49.840 --> 01:07:52.480] project has been to come up with these questions.
[01:07:52.480 --> 01:07:56.160] The questions that we ask the officer on the stand
[01:07:56.160 --> 01:08:00.440] when we take our list in the Corporation
[01:08:00.440 --> 01:08:02.400] Court in our state is called the Sessions Court,
[01:08:02.400 --> 01:08:04.640] which is the county court.
[01:08:04.640 --> 01:08:08.320] We put him on the stand pursuing our theory of the case, that
[01:08:08.320 --> 01:08:12.480] is the tax case, the case about a state privilege,
[01:08:12.480 --> 01:08:16.200] and whether the accused was properly documented
[01:08:16.200 --> 01:08:19.000] as exercising that state privilege of operating
[01:08:19.000 --> 01:08:21.320] and or driving a motor vehicle for hire.
[01:08:21.320 --> 01:08:23.960] That is the gateway charge.
[01:08:23.960 --> 01:08:27.960] As you say, that is the necessary charging element.
[01:08:27.960 --> 01:08:30.640] That's the first question before any other.
[01:08:30.640 --> 01:08:33.440] And so the reform that I'm proposing politically
[01:08:33.440 --> 01:08:36.560] is that these cities and counties and eventually the state
[01:08:36.560 --> 01:08:40.880] will reform their use of police power on the roadway
[01:08:40.880 --> 01:08:45.760] to narrow it down to that 15% to 20% of moving bodies
[01:08:45.760 --> 01:08:50.280] on the road that are transportation flash, freight
[01:08:50.280 --> 01:08:52.480] flash, shipping flash, traffic.
[01:08:52.480 --> 01:08:56.040] That's the quality subject in Tennessee anyway to the code.
[01:08:56.040 --> 01:08:59.040] And on top of 55, and all states are very similar.
[01:08:59.040 --> 01:09:03.240] And some have more seeming protections
[01:09:03.240 --> 01:09:06.160] for travel than others, or shall I say,
[01:09:06.160 --> 01:09:10.120] some have seeming less offenses in their statutory structures
[01:09:10.120 --> 01:09:11.920] than others.
[01:09:11.920 --> 01:09:14.840] But the laws, as I analyzed them in Tennessee,
[01:09:14.840 --> 01:09:20.440] are consistently clear that the whole focus of police power,
[01:09:20.440 --> 01:09:23.440] especially in the Department of Safety, Homeland Security,
[01:09:23.440 --> 01:09:26.480] and the Highway Patrol, like the Trooper,
[01:09:26.480 --> 01:09:29.440] is commercial enforcement and nothing more, nothing more
[01:09:29.440 --> 01:09:30.400] than that.
[01:09:30.400 --> 01:09:34.240] And our commercial statute is administrative law.
[01:09:34.240 --> 01:09:36.760] That's what my project is about.
[01:09:36.760 --> 01:09:39.000] And I'm not sure what we left off,
[01:09:39.000 --> 01:09:42.000] but I'm calling for a simple reform politically.
[01:09:42.000 --> 01:09:44.560] And legally, doing two things.
[01:09:44.560 --> 01:09:47.920] I'm enabling my neighbors, and then eventually people
[01:09:47.920 --> 01:09:51.840] across the state, to have my notice as their defense packet.
[01:09:51.840 --> 01:09:53.920] So let's say you're quote driving on a road,
[01:09:53.920 --> 01:09:56.600] or quote driving on suspended.
[01:09:56.600 --> 01:09:58.760] You can say, well, I didn't give any information
[01:09:58.760 --> 01:10:00.560] on this arrest.
[01:10:00.560 --> 01:10:02.720] And I'm your honor, I want you to know
[01:10:02.720 --> 01:10:04.320] that I was traveling under the notice
[01:10:04.320 --> 01:10:06.080] that our city has been given.
[01:10:06.080 --> 01:10:07.320] Our city is under this notice.
[01:10:07.320 --> 01:10:09.680] Our city has not rebutted this notice.
[01:10:09.680 --> 01:10:11.800] It has not been challenged in court.
[01:10:11.800 --> 01:10:14.200] It has not been in any way rebutted or denied.
[01:10:14.200 --> 01:10:16.840] And the city, in fact, has acquiesced in it.
[01:10:16.840 --> 01:10:20.960] And in Chattanooga, the notice went out 1020 of 18.
[01:10:20.960 --> 01:10:22.600] And the county marched the first.
[01:10:22.600 --> 01:10:25.520] And the state marched the fifth.
[01:10:25.520 --> 01:10:31.200] And my local DA, I think, marched 25th of last year.
[01:10:31.200 --> 01:10:34.760] And so these people in law have been given legal notice,
[01:10:34.760 --> 01:10:36.560] notorious publication, as it's called.
[01:10:36.560 --> 01:10:41.720] I published my notice, not just with personal delivery,
[01:10:41.720 --> 01:10:44.400] Randall, the city council and the sheriff,
[01:10:44.400 --> 01:10:47.640] will say, and certain mayors.
[01:10:47.640 --> 01:10:49.640] It was also by notorious publication.
[01:10:49.640 --> 01:10:52.280] And by that, I mean, making it a public record
[01:10:52.280 --> 01:10:54.760] with a register of deeds in my county.
[01:10:54.760 --> 01:10:57.640] And I had to go to the next county to do that.
[01:10:57.640 --> 01:10:58.840] I had some local resistance.
[01:10:58.840 --> 01:11:02.480] And then I also, as I was living here in one county
[01:11:02.480 --> 01:11:03.840] and put my notice in the next county,
[01:11:03.840 --> 01:11:08.680] I did a legal notice that cost me a couple hundred bucks
[01:11:08.680 --> 01:11:10.160] in the Chattanooga time frame press
[01:11:10.160 --> 01:11:12.160] where I was a former editor.
[01:11:12.160 --> 01:11:14.880] And the notice said, hey, this notice about this issue
[01:11:14.880 --> 01:11:15.880] has been published.
[01:11:15.880 --> 01:11:16.520] It's online.
[01:11:16.520 --> 01:11:17.720] Here it is.
[01:11:17.720 --> 01:11:20.120] And the parties affected are these.
[01:11:20.120 --> 01:11:22.960] And so that's the legal notice that is usable in court.
[01:11:22.960 --> 01:11:25.520] And so it's usable in defense of a criminal charge
[01:11:25.520 --> 01:11:27.760] and also when one has had enough
[01:11:27.760 --> 01:11:31.320] and one wants to maybe demand $35,000 from his police
[01:11:31.320 --> 01:11:34.440] or $100,000 for a false arrest in the county,
[01:11:34.440 --> 01:11:38.760] these are all now possible, I believe, because of my notice.
[01:11:49.800 --> 01:11:54.280] Once the notice is public, even if they're not aware of it,
[01:11:54.280 --> 01:11:57.640] they can't claim that they're not aware of.
[01:11:57.640 --> 01:11:59.880] So they're bound to it.
[01:11:59.880 --> 01:12:00.360] That's right.
[01:12:00.360 --> 01:12:02.040] And there's two kinds of knowledge.
[01:12:02.040 --> 01:12:05.000] Notice puts someone on notice.
[01:12:05.000 --> 01:12:07.680] That means that that person is now knows something.
[01:12:07.680 --> 01:12:10.360] He's been notified of something, a state of law,
[01:12:10.360 --> 01:12:13.200] a state of the court, a state of fact.
[01:12:13.200 --> 01:12:16.360] And having been given notice, he has to deal with it.
[01:12:16.360 --> 01:12:19.160] The thing about this, if your listener, Randy Kilton,
[01:12:19.160 --> 01:12:22.480] gets a letter from the IRS, a notice, he can't ignore it.
[01:12:22.480 --> 01:12:25.760] Because if the listener ignores a notice from the IRS
[01:12:25.760 --> 01:12:29.080] and doesn't rebut it, then the notice legally stands.
[01:12:29.080 --> 01:12:32.840] Whether the recipient read it, understood it or not.
[01:12:32.840 --> 01:12:34.280] And so here we have these officials
[01:12:34.280 --> 01:12:37.120] who blithely and carelessly of our lives
[01:12:37.120 --> 01:12:38.720] say, well, who's David Toulouse
[01:12:38.720 --> 01:12:39.760] to give me notice of anything?
[01:12:39.760 --> 01:12:41.080] Who's he?
[01:12:41.080 --> 01:12:43.000] And what does it matter that it's public?
[01:12:43.000 --> 01:12:45.080] And what does it matter that he talks about on radio
[01:12:45.080 --> 01:12:49.560] and writes about it on the press platform for people
[01:12:49.560 --> 01:12:50.880] who matter in Tennessee?
[01:12:50.880 --> 01:12:51.800] What is it to us?
[01:12:51.800 --> 01:12:53.680] Who are we to remind him?
[01:12:53.680 --> 01:12:56.160] Well, what we've done is give them
[01:12:56.160 --> 01:13:00.080] actual notice for what's called imputed knowledge.
[01:13:00.080 --> 01:13:02.320] They know, in fact, what the notice says.
[01:13:02.320 --> 01:13:03.800] So they know putatively.
[01:13:03.800 --> 01:13:07.240] They know by imputation.
[01:13:07.240 --> 01:13:08.560] And that's a legal concept.
[01:13:08.560 --> 01:13:10.360] They know by imputation what's in it.
[01:13:10.360 --> 01:13:14.040] In a court case in Tennessee that has some college students
[01:13:14.040 --> 01:13:17.480] kicked out of school on violation of a rule.
[01:13:17.480 --> 01:13:20.800] And the defense was, we didn't read the handbook.
[01:13:20.800 --> 01:13:22.640] Well, it doesn't matter whether you read it or not.
[01:13:22.640 --> 01:13:26.560] When you signed the agreement to have read it
[01:13:26.560 --> 01:13:28.800] and you got notice of the handbook,
[01:13:28.800 --> 01:13:31.040] you actually are responsible for everything in it,
[01:13:31.040 --> 01:13:32.200] even though you didn't read it.
[01:13:32.200 --> 01:13:34.760] OK, so it's a question of factual knowledge
[01:13:34.760 --> 01:13:37.320] and putative imputed knowledge.
[01:13:37.320 --> 01:13:39.840] And so every cop in my city, Chattanooga,
[01:13:39.840 --> 01:13:43.320] knows of this limit in the law, even though he may not
[01:13:43.320 --> 01:13:45.600] have heard anything about it in the Scuttlebutt session
[01:13:45.600 --> 01:13:48.600] at the end of the day.
[01:13:48.600 --> 01:13:57.000] So how do we take the officer personally to task
[01:13:57.000 --> 01:14:01.400] for not acting in compliance with that notice?
[01:14:01.400 --> 01:14:04.400] Well, that has to be done in small claims court.
[01:14:04.400 --> 01:14:06.240] And I would say that I think in Tennessee,
[01:14:06.240 --> 01:14:10.280] the small claims maximum in the legal court is 25,000.
[01:14:10.280 --> 01:14:13.560] So that would be, and I would say it would be done,
[01:14:13.560 --> 01:14:15.080] it should be done without the lawyer.
[01:14:15.080 --> 01:14:17.840] Because the lawyer won't take the case, it's too small.
[01:14:17.840 --> 01:14:20.040] He wants to sue in criminal court or federal court
[01:14:20.040 --> 01:14:22.320] and ask $1 million or something.
[01:14:22.320 --> 01:14:25.560] Because he wants to dig, he wants to 32%.
[01:14:25.560 --> 01:14:28.040] Your list is probably smart enough to go ahead and file
[01:14:28.040 --> 01:14:30.320] a boilerplate claim against the officer
[01:14:30.320 --> 01:14:33.920] personally in his protest capacity for 25,000.
[01:14:33.920 --> 01:14:35.320] That will get the chiefs attention.
[01:14:35.320 --> 01:14:36.960] That will get the city council attention.
[01:14:36.960 --> 01:14:39.600] Because here's this poor man less stranded.
[01:14:39.600 --> 01:14:41.840] His chiefs do all about this notice.
[01:14:41.840 --> 01:14:43.720] But he wasn't told anything about it.
[01:14:43.720 --> 01:14:47.920] And so in my political work on this issue in Chattanooga,
[01:14:47.920 --> 01:14:49.760] I told the county commission, I said,
[01:14:49.760 --> 01:14:52.120] do you care about your officers?
[01:14:52.120 --> 01:14:54.360] Do you know we have retention problems with sheriff's
[01:14:54.360 --> 01:14:55.240] deputies?
[01:14:55.240 --> 01:14:59.560] Do you realize the demands that the applications for police
[01:14:59.560 --> 01:15:03.520] officers have gone down 40% in the past five or six years
[01:15:03.520 --> 01:15:06.880] on the count of Ferguson and other police disasters?
[01:15:06.880 --> 01:15:09.640] Well, if we want to keep our strong sheriff's department,
[01:15:09.640 --> 01:15:11.080] if we really care about our employees,
[01:15:11.080 --> 01:15:13.680] we want to make sure that they know the limits of the law.
[01:15:13.680 --> 01:15:16.000] Because they are personally liable
[01:15:16.000 --> 01:15:17.600] in their personal capacity.
[01:15:17.600 --> 01:15:20.800] Their private estates are open to claims
[01:15:20.800 --> 01:15:23.800] by litigants, whether with lawyers or without,
[01:15:23.800 --> 01:15:26.400] for damages on these traffic stops, these traffic
[01:15:26.400 --> 01:15:29.400] lifts, done outside the statute.
[01:15:29.400 --> 01:15:32.560] You know, it doesn't matter whether the court approves of them.
[01:15:32.560 --> 01:15:34.280] The fact is, I was injured.
[01:15:34.280 --> 01:15:37.120] And I'm going to show you that by law,
[01:15:37.120 --> 01:15:38.320] you all agree to the law.
[01:15:38.320 --> 01:15:40.960] Because the notice was given to you, and you didn't respond.
[01:15:40.960 --> 01:15:41.960] You agree to this note.
[01:15:41.960 --> 01:15:44.000] This notice is binding upon you.
[01:15:44.000 --> 01:15:44.920] Is it not?
[01:15:44.920 --> 01:15:48.320] And legally, the judge will have to say yes.
[01:15:48.320 --> 01:15:51.440] It is binding based on the rules of notice.
[01:15:51.440 --> 01:15:55.000] And this is a matter of equity.
[01:15:55.000 --> 01:15:57.360] This is an equitable issue.
[01:15:57.360 --> 01:16:02.080] You are speaking my language.
[01:16:02.080 --> 01:16:10.560] Drag that off before a local general sessions judge
[01:16:10.560 --> 01:16:18.320] and claim that the officer's actions were outside of scope.
[01:16:18.320 --> 01:16:20.760] That's the key word.
[01:16:20.760 --> 01:16:25.240] When you sue a person, Randall, the best part
[01:16:25.240 --> 01:16:27.960] is that you're adding a very spicy legal element.
[01:16:27.960 --> 01:16:29.480] And that's called bad faith.
[01:16:29.480 --> 01:16:32.120] If you act disregarding of law and notice,
[01:16:32.120 --> 01:16:35.240] you're acting not just ignorantly and not just carelessly,
[01:16:35.240 --> 01:16:37.040] but you're acting in bad faith.
[01:16:37.040 --> 01:16:38.680] And bad faith is poison.
[01:16:38.680 --> 01:16:42.160] It's poison that can be defend.
[01:16:42.160 --> 01:16:42.960] Exactly.
[01:16:42.960 --> 01:16:47.520] Bad faith gets them outside the scope of their authority.
[01:16:47.520 --> 01:16:49.120] And there they have no immunity.
[01:16:49.120 --> 01:16:49.640] Hang on.
[01:16:49.640 --> 01:16:50.960] About to go to break.
[01:16:50.960 --> 01:16:52.800] Randy Kelton, rule of all radio,
[01:16:52.800 --> 01:16:57.160] or call in number 512-646-1984.
[01:16:57.160 --> 01:16:58.280] We'll be right back.
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[01:18:06.920 --> 01:18:07.680] no going back.
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[01:18:58.640 --> 01:19:01.680] Happy holidays, Logos.
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[01:19:14.680 --> 01:19:17.680] I ain't gonna fly me.
[01:19:20.680 --> 01:19:22.680] Don't want many.
[01:19:22.680 --> 01:19:36.680] Well, I ain't gonna fool me with that same old trick again.
[01:19:36.680 --> 01:19:41.680] I was blindsided, but now I can see your plan.
[01:19:41.680 --> 01:19:46.680] You put the fear in my pocket, took the money from my head.
[01:19:46.680 --> 01:19:53.680] Ain't gonna fool me with that same old trick again.
[01:19:53.680 --> 01:19:55.680] OK, we are back.
[01:19:55.680 --> 01:20:00.680] Randy Kelton, Reel of All Radio here with our special guest, David Tollis.
[01:20:00.680 --> 01:20:07.680] And I'm going to go to a caller because we've had some callers on for the whole time.
[01:20:07.680 --> 01:20:09.680] John's been waiting patiently.
[01:20:09.680 --> 01:20:14.680] And John, I know you have a question on point.
[01:20:14.680 --> 01:20:15.680] Oh, yes, I do.
[01:20:15.680 --> 01:20:18.680] Thank you very kindly.
[01:20:18.680 --> 01:20:19.680] All right.
[01:20:19.680 --> 01:20:24.680] Because the show tonight is extra good, boy, it's very, very pertinent.
[01:20:24.680 --> 01:20:29.680] I love this material, but I didn't get everything because some of it didn't come through.
[01:20:29.680 --> 01:20:35.680] There were a couple of blank spots in the audio, and that's probably my self-service or whatever.
[01:20:35.680 --> 01:20:42.680] So please, please summarize what you're saying for me and how this whole thing works.
[01:20:42.680 --> 01:20:45.680] And I'll just sit back and listen again.
[01:20:45.680 --> 01:20:47.680] Just give her a quick summary.
[01:20:47.680 --> 01:20:49.680] Give me a quick summary.
[01:20:49.680 --> 01:20:51.680] OK, is that a quick one for me, John?
[01:20:51.680 --> 01:20:54.680] Yeah, yep.
[01:20:54.680 --> 01:20:55.680] OK, yeah.
[01:20:55.680 --> 01:20:58.680] All right, well, this, again, thanks for the call, John.
[01:20:58.680 --> 01:21:01.680] And Randall, may I go ahead and answer it?
[01:21:01.680 --> 01:21:04.680] Summarize.
[01:21:04.680 --> 01:21:11.680] OK, well, the summary of the, this is called transportation and administrative notice Tennessee.
[01:21:11.680 --> 01:21:14.680] What I'm doing is I'm giving notice to officials.
[01:21:14.680 --> 01:21:17.680] It's where I live, so I can work on this and it will change their minds.
[01:21:17.680 --> 01:21:21.680] The limits on the law in Tennessee are right.
[01:21:21.680 --> 01:21:24.680] And we have many, we have many protections in law.
[01:21:24.680 --> 01:21:26.680] We have a very good extortionist statute.
[01:21:26.680 --> 01:21:28.680] We have a very good impressionist statute.
[01:21:28.680 --> 01:21:33.680] We have constitutional provisions for the right of communication, which of course includes travel.
[01:21:33.680 --> 01:21:36.680] Travel is a form of personal and human communication.
[01:21:36.680 --> 01:21:44.680] And so part of the document looks at the rights that we have, the right to use the road for pleasure, for personal necessities.
[01:21:44.680 --> 01:21:53.680] And then the first part of the document, which is administrative because it's dealing with people who operate in administrative realm.
[01:21:53.680 --> 01:22:03.680] It explains the disabilities in Tennessee law, how the law is entirely focused in the current form, all the way back to the early code.
[01:22:03.680 --> 01:22:13.680] And Shannon's code, and the policy that was high school code, these codes show that the law loads organically in the interest by municipal governments
[01:22:13.680 --> 01:22:18.680] and then eventually the state to protect the public, regulate the commercial use.
[01:22:18.680 --> 01:22:28.680] The full-profit use wagons hauling coal or lumber or firewood or people and some of the early trams.
[01:22:28.680 --> 01:22:35.680] We have the tram language in our current statute, the early trams and the early railways in towns.
[01:22:35.680 --> 01:22:40.680] They were all regulated for the interest of the public safety and revenue.
[01:22:40.680 --> 01:22:51.680] So from the old to the beginning, the law was disabled from offending constitutional rights because it was focused narrowly on transportation, freight and shipping.
[01:22:51.680 --> 01:22:59.680] And the best summary I can give of this project is that I'm telling officials, I'm binding officials to the limits in the written law,
[01:22:59.680 --> 01:23:03.680] especially in a lot of our glorious rights in our Constitution.
[01:23:03.680 --> 01:23:10.680] The law is a bit wide, please stop, please stop enforcing the law as if it were a yard wide.
[01:23:10.680 --> 01:23:18.680] And that's what's been happening, John, that's been enforcing the law as if it were a yard wide.
[01:23:18.680 --> 01:23:22.680] All right.
[01:23:22.680 --> 01:23:25.680] And I guess I'm still missing something.
[01:23:25.680 --> 01:23:34.680] So I'll keep on listening to the rest of the show and I hope it begins to make sense because I'm probably missing something.
[01:23:34.680 --> 01:23:43.680] And what you just said came through sort of muddled, I could understand you sort of, you know, this is a telephone problem.
[01:23:43.680 --> 01:23:55.680] Yes, it is a he's having to work from his telephone and we were in Chattanooga and I don't have my normal Skype equipment up.
[01:23:55.680 --> 01:23:57.680] I don't have my mixer up.
[01:23:57.680 --> 01:24:00.680] So it is a little more difficult and we apologize for that.
[01:24:00.680 --> 01:24:07.680] I'm hoping I can schedule another show once I'm in my studio and we can get a lot better fidelity.
[01:24:07.680 --> 01:24:22.680] And for me, I haven't been my normal self and haven't been interrupting because I'm trying to understand how to take this and use it against them.
[01:24:22.680 --> 01:24:31.680] And the more you speak David, the more this is beginning to make sense on how we can take the individual.
[01:24:31.680 --> 01:24:42.680] The thing I like about this is we're speaking to the officer himself and not to corporate, not to management.
[01:24:42.680 --> 01:24:50.680] But this is the officer on the street, on the point of the spear and if we're ever going to fix this, that's where we're going to fix it.
[01:24:50.680 --> 01:24:55.680] Well, you know, Randall, you're highlighting a very important part and I didn't know we'd be able to get to that.
[01:24:55.680 --> 01:25:02.680] There's a kind of a moral and personal and, you might say, gracious part of my work here.
[01:25:02.680 --> 01:25:10.680] Because I do believe that if officers are held to account to their oath to God to uphold the law and the Constitution,
[01:25:10.680 --> 01:25:18.680] we will have individual officers exercising discretion in the favor of the poor black man in the car,
[01:25:18.680 --> 01:25:25.680] the immigrant with no license and, you know, five children in the back seat and a load of bricks in a trailer behind.
[01:25:25.680 --> 01:25:27.680] He's a bricklayer.
[01:25:27.680 --> 01:25:38.680] And people who are on revoked licenses, there are, I think about half a million driver's licenses in Tennessee that are suspended or revoked
[01:25:38.680 --> 01:25:40.680] and many of them for poverty.
[01:25:40.680 --> 01:25:46.680] So we have many people who are oppressed by the current enforcement regime in Tennessee and across the country.
[01:25:46.680 --> 01:25:49.680] And of course, it's the money making system that is totally impersonal.
[01:25:49.680 --> 01:25:52.680] Bureaucracies are ungodly because they're impersonal.
[01:25:52.680 --> 01:26:00.680] This reform relies on a personal connection that we have by God's grace with every encounter with the police.
[01:26:00.680 --> 01:26:08.680] And here in Chattanooga, officers all either know of the notice because it's been noise about so much by me,
[01:26:08.680 --> 01:26:12.680] or they have what's called putative or imputed knowledge.
[01:26:12.680 --> 01:26:18.680] They know legally of the limits in the law because their employer has been put under notice.
[01:26:18.680 --> 01:26:22.680] The employer has made no rebuttal, no correction.
[01:26:22.680 --> 01:26:24.680] And so, in fact, it stands.
[01:26:24.680 --> 01:26:30.680] There's, you know, the doctrine of acceptance by acquiescence or silence equals acquiescence.
[01:26:30.680 --> 01:26:34.680] The city is sitting on its right, as we say in Chancellor's Court.
[01:26:34.680 --> 01:26:40.680] When you sit on your right, you're not acting to use your hands to defend yourself and your right.
[01:26:40.680 --> 01:26:47.680] And so, in all these cases, because the police and cities hold the citizenry in such low regard,
[01:26:47.680 --> 01:26:51.680] we can give these notices and be pretty sure that there will be no rebuttal.
[01:26:51.680 --> 01:26:53.680] There will be no rebuttal.
[01:26:53.680 --> 01:26:58.680] And the officer now standing there at the window is looking at you and kind of barking at you.
[01:26:58.680 --> 01:27:01.680] And you could talk to him.
[01:27:01.680 --> 01:27:06.680] My suggestion is, though, not to engage in a conversation, but simply say,
[01:27:06.680 --> 01:27:13.680] sir, begin the traffic stop as Eddie Craig says, what is the emergency and how may I help you, officer?
[01:27:13.680 --> 01:27:18.680] And once you get past that, if it's in a jurisdiction that has been put under notice, one says,
[01:27:18.680 --> 01:27:23.680] well, sir, I really appreciate all your good work, but I want you to know that I'm traveling under administrative notice
[01:27:23.680 --> 01:27:27.680] and I make those statements, apart from my lawyer.
[01:27:27.680 --> 01:27:29.680] Because if you say anything, he'll use the inquiry.
[01:27:29.680 --> 01:27:34.680] If you give your name, he will look that up and say, oh, Mike, you have a suspended license,
[01:27:34.680 --> 01:27:36.680] so you're driving under a vote.
[01:27:36.680 --> 01:27:40.680] So if you say nothing, you know, you're going to face trouble either way.
[01:27:40.680 --> 01:27:46.680] If you confess and admit you're going to get charged criminally with driving under a vote,
[01:27:46.680 --> 01:27:48.680] maybe for the third or fourth time, right?
[01:27:48.680 --> 01:27:49.680] He's got your name.
[01:27:49.680 --> 01:27:51.680] He's got the record, right?
[01:27:51.680 --> 01:28:00.680] And if you say I'm traveling under notice, he knows that his city can't do this.
[01:28:00.680 --> 01:28:06.680] He knows that his city can't lay lay a private, you know, a mom going to the grocery store
[01:28:06.680 --> 01:28:15.680] or a teenager coming home from a date or a man, an office worker going to visit his mother at the nursing home.
[01:28:15.680 --> 01:28:17.680] These are all private uses.
[01:28:17.680 --> 01:28:25.680] Let me address a little bit of that so people will better understand what's going on.
[01:28:25.680 --> 01:28:33.680] The policeman can ask you anything he wants to.
[01:28:33.680 --> 01:28:35.680] That's his right.
[01:28:35.680 --> 01:28:42.680] You can answer if you want to, but you don't have to, and it's important.
[01:28:42.680 --> 01:28:49.680] In this culture, it's impolite for us, for someone not to answer a question.
[01:28:49.680 --> 01:28:57.680] And when someone asks you a question, it's just inside us that pushes us to answer that question.
[01:28:57.680 --> 01:29:01.680] The police know that, and they use that against you.
[01:29:01.680 --> 01:29:08.680] And the more you're out of your personal element, most people very seldom ever deal with the police.
[01:29:08.680 --> 01:29:14.680] And when they do, they really don't have a good response set for dealing with them.
[01:29:14.680 --> 01:29:17.680] So they tend to respond badly.
[01:29:17.680 --> 01:29:30.680] The police know that, and they use their situation and authority to encourage you to respond badly so they can use that against you.
[01:29:30.680 --> 01:29:37.680] Never talk to them, be polite always, but don't answer questions.
[01:29:37.680 --> 01:29:40.680] It can never help you.
[01:29:40.680 --> 01:29:42.680] Ever.
[01:29:42.680 --> 01:29:46.680] Hang on, going to break.
[01:29:46.680 --> 01:29:49.680] Randy Kelton, call boards building up.
[01:29:49.680 --> 01:29:56.680] John, we're going to dump you when we come back and try Danny, he's from Tennessee, and he should have one on question on point.
[01:29:56.680 --> 01:30:02.680] We'll be right back.
[01:30:02.680 --> 01:30:09.680] Since 9-11, our government has used invasive measures like warrantless phone taps to keep us safe from terrorists.
[01:30:09.680 --> 01:30:13.680] But too much government surveillance could actually put us at greater risk.
[01:30:13.680 --> 01:30:18.680] I'm Richard Catherine Albright, and I'll be back with the unsettling truth in just a moment.
[01:30:44.680 --> 01:30:49.680] Our greatest threat isn't terrorists, it's government.
[01:30:49.680 --> 01:30:56.680] According to political science professor RJ Rummel, 20th century governments murdered nearly 300 million of their own citizens,
[01:30:56.680 --> 01:31:03.680] six times more than all the centuries' wars combined, and governments that kill have one thing in common, too much power.
[01:31:03.680 --> 01:31:09.680] Surveillance is government power, and historically governments have used surveillance to protect themselves rather than citizens.
[01:31:09.680 --> 01:31:13.680] If you think such abuse couldn't happen in the U.S., just look back to Watergate.
[01:31:13.680 --> 01:31:21.680] Join me in opposing the Patriot Act and let's return to the best protection of federal government with limited powers in accordance with the U.S. Constitution.
[01:31:21.680 --> 01:31:30.680] I'm Dr. Catherine Albright, more news and information at CatherineAlbright.com.
[01:31:30.680 --> 01:31:36.680] This is building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.680 --> 01:31:43.680] Rummel says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.680 --> 01:31:46.680] Over 6,000 of my fellow service members have given their lives.
[01:31:46.680 --> 01:31:49.680] Thousands of my fellow force responders are dying.
[01:31:49.680 --> 01:31:50.680] I'm not a conspiracy theorist.
[01:31:50.680 --> 01:31:51.680] I'm a structural engineer.
[01:31:51.680 --> 01:31:52.680] I'm a New York City correction officer.
[01:31:52.680 --> 01:31:53.680] I'm an Air Force pilot.
[01:31:53.680 --> 01:31:55.680] I'm a father who lost his son.
[01:31:55.680 --> 01:31:58.680] We are Americans, and we deserve the truth.
[01:31:58.680 --> 01:32:01.680] Go to RememberBuilding7.org today.
[01:32:01.680 --> 01:32:07.680] Rule of Law Radio is proud to offer the rule of law traffic similar. In today's America, we live in an us-against-them society,
[01:32:07.680 --> 01:32:12.680] and if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:12.680 --> 01:32:17.680] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[01:32:17.680 --> 01:32:19.680] and most importantly, the right to due process of law.
[01:32:19.680 --> 01:32:25.680] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[01:32:25.680 --> 01:32:31.680] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available
[01:32:31.680 --> 01:32:35.680] that will help you understand what due process is and how to hold reports to the rule of law.
[01:32:35.680 --> 01:32:40.680] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[01:32:40.680 --> 01:32:45.680] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[01:32:45.680 --> 01:32:47.680] video and audio of the original 2009 seminar.
[01:32:47.680 --> 01:32:50.680] Hundreds of research documents and other useful resource material.
[01:32:50.680 --> 01:32:54.680] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:54.680 --> 01:32:59.680] Order your copy today and together we can have free society we all want and deserve.
[01:32:59.680 --> 01:33:24.680] Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:24.680 --> 01:33:34.680] Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday, the 11th day of October 2019.
[01:33:34.680 --> 01:33:40.680] And we're here with our special guest, David Tollis.
[01:33:40.680 --> 01:33:44.680] And David Tollis, I'm here in Chattanooga.
[01:33:44.680 --> 01:33:51.680] And he is the owner of Nougat Radio, 92.7.
[01:33:51.680 --> 01:33:58.680] The blogger with the biggest pen, he's having a lot of effect here in Chattanooga.
[01:33:58.680 --> 01:34:05.680] He's filed this notice to all the police and he's put them all on official notice.
[01:34:05.680 --> 01:34:15.680] And this is a fact we haven't looked at previously, but you're all familiar with the case,
[01:34:15.680 --> 01:34:21.680] I'm trying to remember the name of it, where if you fail to respond when you have a duty to respond,
[01:34:21.680 --> 01:34:23.680] it's equated as fraud.
[01:34:23.680 --> 01:34:40.680] When, there's another case, Jokwin v. Chambers, and it says that if you fail to oppose the issues
[01:34:40.680 --> 01:34:45.680] in the life-pleading you give judicial notice.
[01:34:45.680 --> 01:34:55.680] Then you give this notice and those who receive the notice fail to raise an objection to it.
[01:34:55.680 --> 01:34:58.680] You may presume they agree with it.
[01:34:58.680 --> 01:35:02.680] And then they're subject to collateral restoppel.
[01:35:02.680 --> 01:35:04.680] They can't complain about it later.
[01:35:04.680 --> 01:35:09.680] And they certainly can't claim that they did not have knowledge.
[01:35:09.680 --> 01:35:11.680] I'm real pleased with this.
[01:35:11.680 --> 01:35:14.680] And if everybody's listening to this, I'm learning along with you.
[01:35:14.680 --> 01:35:18.680] I've talked to them about this before, but not in detail.
[01:35:18.680 --> 01:35:23.680] And I'm pleased with what I'm finding.
[01:35:23.680 --> 01:35:26.680] We're going to go to Danny in Tennessee.
[01:35:26.680 --> 01:35:32.680] He's in the state, so I'm pretty sure you're going to have a question on point.
[01:35:32.680 --> 01:35:35.680] Danny, what do you have for us?
[01:35:35.680 --> 01:35:43.680] Well, a couple of things. You've heard some of this before, but it relates back to you talking about the initial allegation
[01:35:43.680 --> 01:35:50.680] not being sufficient because it doesn't allege you being in commerce or whatever it was.
[01:35:50.680 --> 01:35:57.680] What sort of implicitly does in that they accuse you of being in control of a vehicle?
[01:35:57.680 --> 01:36:09.680] And a vehicle is an implement of commerce through the definition because that definition includes the term transport
[01:36:09.680 --> 01:36:14.680] and transport being the act of providing transportation.
[01:36:14.680 --> 01:36:18.680] And so there's the transportation and the commercial aspect.
[01:36:18.680 --> 01:36:21.680] Okay, wait, wait, you're giving bits and pieces of this.
[01:36:21.680 --> 01:36:29.680] What is the definition of a vehicle as opposed to a conveyance?
[01:36:29.680 --> 01:36:42.680] Okay, a vehicle is something about like any device that is or may be used to transport a person or property
[01:36:42.680 --> 01:36:47.680] from the public road in the state.
[01:36:47.680 --> 01:36:49.680] That's about what it says.
[01:36:49.680 --> 01:36:52.680] No, Danny, you're getting that backwards.
[01:36:52.680 --> 01:37:09.680] A conveyance is a motorized conveyance is something used for locomotion on the highways.
[01:37:09.680 --> 01:37:19.680] A vehicle is specifically defined as something used to in commerce on the highways.
[01:37:19.680 --> 01:37:28.680] And that's why Eddie Craig is so adamant about not calling your conveyance a vehicle.
[01:37:28.680 --> 01:37:32.680] We're not talking English here. They don't speak English in court.
[01:37:32.680 --> 01:37:35.680] They speak legalese in court.
[01:37:35.680 --> 01:37:40.680] The accusation is that you were using a vehicle.
[01:37:40.680 --> 01:37:44.680] And so that's the commercial nexus is vehicle.
[01:37:44.680 --> 01:37:49.680] And that's exactly Eddie's argument. You have to object to that every time.
[01:37:49.680 --> 01:37:51.680] Well, can I jump in?
[01:37:51.680 --> 01:37:53.680] Absolutely.
[01:37:53.680 --> 01:37:55.680] I think, well, this is Dave Poulsen.
[01:37:55.680 --> 01:37:56.680] Randall, thanks for having me on the show.
[01:37:56.680 --> 01:38:04.680] Danny, I think you're pointing out that there is in the charging instrument as we're demanding the commercial nexus, right?
[01:38:04.680 --> 01:38:09.680] And that is the use of the phrase, driving a motor vehicle, right?
[01:38:09.680 --> 01:38:11.680] That's almost all in the indictment.
[01:38:11.680 --> 01:38:19.680] In the charge, the officer will say, I saw John Lumen traveling in his car and then he also gets in there somewhere.
[01:38:19.680 --> 01:38:21.680] He tells the vehicle, right?
[01:38:21.680 --> 01:38:26.680] So there you're saying there is a proper, you're suggesting it's a proper allegation.
[01:38:26.680 --> 01:38:33.680] The charge contains the essential element of the accusation, that being commercial activity.
[01:38:33.680 --> 01:38:35.680] So I think you have a good point.
[01:38:35.680 --> 01:38:43.680] They are using the commercial word in their, maybe just one or two, in their narrative.
[01:38:43.680 --> 01:38:50.680] And if you don't challenge them, then you accede to that meeting.
[01:38:50.680 --> 01:38:59.680] And that, you know, the question, the challenge is objection assumes facts, not an evidence.
[01:38:59.680 --> 01:39:03.680] By calling it a vehicle, it assumes commerce.
[01:39:03.680 --> 01:39:13.680] Well, you see, the officer does not, what we need to point out, Danny, is that you're saying, well, there is the claim of commercial use,
[01:39:13.680 --> 01:39:16.680] because there are commercial words as part of the charge.
[01:39:16.680 --> 01:39:20.680] But at the point, I think we need to bring up, especially in our public hearing,
[01:39:20.680 --> 01:39:32.680] to get the officer, the evidentiary hearing, the evidentiary part of the first hearing, is put the officer on the stand and say, what evidence do you have that I was involved in commercial activity?
[01:39:32.680 --> 01:39:38.680] And I think the listener may want to know, Randall, that I have developed this material pretty extensively at my website.
[01:39:38.680 --> 01:39:45.680] It's called tntrasticticket.us at TN, or Tennessee, tntrasticticket.us.
[01:39:45.680 --> 01:39:51.680] And I have two, at least two essays that go into detail, the kinds of questions that we ask.
[01:39:51.680 --> 01:39:55.680] And the articles are effectively code-pleading.
[01:39:55.680 --> 01:40:07.680] You're pleading the words in the code in your state that are part of the commercial description in the motor vehicle code of what the officer should be looking for,
[01:40:07.680 --> 01:40:19.680] but the trucker, the ambulance operator, the dump truck operator, the mover, has to have, the bus driver, has to have, in his job as employee,
[01:40:19.680 --> 01:40:29.680] behind the wheel, put on gas pedal, you know, license in pocket, that he has to have as part of a commercial operator.
[01:40:29.680 --> 01:40:36.680] And that would be bills of waylating, bills of fare, contracts, agreements, invoices, passenger lists.
[01:40:36.680 --> 01:40:47.680] You see, those are the things that prove his allegation that you are in a vehicle and using a motor vehicle in the stock.
[01:40:47.680 --> 01:40:56.680] Yes, and that's the facts. When they call the conveyance of vehicle, they assume those facts.
[01:40:56.680 --> 01:41:01.680] And if you don't challenge that, then you have missed your opportunity.
[01:41:01.680 --> 01:41:11.680] What you don't object to, you recede to. And this is a hard part for a lot of people to get their heads wrapped around,
[01:41:11.680 --> 01:41:24.680] is that they don't use English in court. And one of the emotions that we've developed is we insist that English be used in court.
[01:41:24.680 --> 01:41:35.680] At any time when a term is used in court that has a, that's intense a meaning other than the common English meaning,
[01:41:35.680 --> 01:41:45.680] then the term is to be defined when used. Otherwise, we don't know what we're talking about. That's one of the motions we have in.
[01:41:45.680 --> 01:41:58.680] We have, I have a programmer now, an AI specialist. We're working on a program so that we can feed a document into it.
[01:41:58.680 --> 01:42:09.680] And it will take every word in the document that has a legal meaning and put a highlight, change the color of the word,
[01:42:09.680 --> 01:42:18.680] so it's, and put a hyperlink on it so you can click on it and it'll pop up the tooltip and give you that special meaning.
[01:42:18.680 --> 01:42:32.680] Lawyers are word crafters. They craft their language in a way to try to trick you into accepting what they want you to without you really knowing you did it.
[01:42:32.680 --> 01:42:42.680] This is one of the most difficult things for us to address. I find myself falling into that trap all the time because it is so subtle.
[01:42:42.680 --> 01:42:50.680] If I can get my programmer to get this tool out, we've already downloaded all of the federal codes.
[01:42:50.680 --> 01:43:00.680] We scraped out of those codes all of the terms and phrases in the codes and there's approximately 50,000 different words and phrases used in the code.
[01:43:00.680 --> 01:43:09.680] And now we're running algorithms on them to find all of the definitions that exist of any of these terms inside the codes.
[01:43:09.680 --> 01:43:19.680] And from there, we'll go to definitions in booties, definitions in blacks, and then definitions in web serves and the other common dictionary.
[01:43:19.680 --> 01:43:31.680] So that we have a document that has all of these definitions available and hoping we can fix that particular problem.
[01:43:31.680 --> 01:43:42.680] We're about to go to, okay, we're going to go to our sponsors. I'm upgrading my technology here.
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[01:46:22.680 --> 01:46:24.680] Okay, we are back.
[01:46:24.680 --> 01:46:35.680] Randy Kelton, rule of law radio on this 11th day of October, 2013, Friday, on our four-hour info marathon.
[01:46:35.680 --> 01:46:40.680] And we're going back to Danny in Texas and Texas.
[01:46:40.680 --> 01:46:44.680] Danny in Tennessee, I first come across Danny in Texas years ago.
[01:46:44.680 --> 01:46:49.680] Okay, Danny, I kind of interrupted you.
[01:46:49.680 --> 01:47:00.680] Well, that's what we're saying earlier about having the other documents showing us you are actually using it in commerce.
[01:47:00.680 --> 01:47:06.680] Okay, that's the first half of the definition that it is being used for that purpose.
[01:47:06.680 --> 01:47:21.680] The other half is or it may be used or that it is allowed or permitted or licensed to be used that way.
[01:47:21.680 --> 01:47:29.680] So the license plate and the registration is what allows it to be used that way.
[01:47:29.680 --> 01:47:33.680] Where is this definition you're referring to?
[01:47:33.680 --> 01:47:36.680] Okay, let's get her throughout the code.
[01:47:36.680 --> 01:47:41.680] The first one is around Title 55 chapter.
[01:47:41.680 --> 01:47:42.680] Oh, okay.
[01:47:42.680 --> 01:47:45.680] So this is in Tennessee code?
[01:47:45.680 --> 01:47:46.680] Right.
[01:47:46.680 --> 01:47:50.680] Oh, wonderful.
[01:47:50.680 --> 01:47:53.680] Tennessee most of the code is pretty basic thing of it.
[01:47:53.680 --> 01:47:58.680] It is everywhere I've looked.
[01:47:58.680 --> 01:48:03.680] It's important, but I hate to be pedantic.
[01:48:03.680 --> 01:48:24.680] I hate to argue issues that are distinctions without a difference and arguing that when the officer uses the term vehicle that it necessarily alleges commerce.
[01:48:24.680 --> 01:48:34.680] If that's not the case with the Tennessee statutes, then I don't want to make that argument when it's not a relevant argument to make.
[01:48:34.680 --> 01:48:42.680] So you're saying the definition of vehicle.
[01:48:42.680 --> 01:48:45.680] And what is the citation, Danny?
[01:48:45.680 --> 01:48:59.680] Well, it's in several different places. The first one is like in chapter one and section 103 or fourth, you know, one of the early sections.
[01:48:59.680 --> 01:49:02.680] That's the first one, but in other places too.
[01:49:02.680 --> 01:49:04.680] And that's the critical part.
[01:49:04.680 --> 01:49:05.680] Much the same.
[01:49:05.680 --> 01:49:18.680] Where does it give a definition so that when the officer says vehicle in this context, we don't have to argue that pedantic issue.
[01:49:18.680 --> 01:49:23.680] If the vehicle can be something other than commerce.
[01:49:23.680 --> 01:49:39.680] The only thing we will argue is it's unnecessary to commerce. Go ahead.
[01:49:39.680 --> 01:49:54.680] And with just the basic driver license, you can't do any commerce with it, but all you need is a $4 for a chauffeur's endorsement, and then you can, but the vehicle needs no upgrade.
[01:49:54.680 --> 01:49:58.680] The vehicle license needs no upgrade. You can use the well-guided.
[01:49:58.680 --> 01:50:04.680] Then you can start taking people around or delivering packages around town and things like that.
[01:50:04.680 --> 01:50:06.680] May I answer?
[01:50:06.680 --> 01:50:08.680] Absolutely.
[01:50:08.680 --> 01:50:13.680] Well, Danny, this is David Tullis over at Chattanooga. Thanks for joining the program tonight.
[01:50:13.680 --> 01:50:25.680] Just quickly, Randall, in the very beginning of the Tennessee Code on Motor and Other Vehicles, it says vehicle and freight motor vehicles means, which is they mean,
[01:50:25.680 --> 01:50:39.680] every device in upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
[01:50:39.680 --> 01:50:43.680] That's the old trolley from the 1910s. You have the trolley system.
[01:50:43.680 --> 01:50:56.680] So vehicle and freight motor vehicle are the same, and it's hauling property or persons transporting them or drawn on the highway. So, Danny, you're right.
[01:50:56.680 --> 01:51:06.680] And that definition is elsewhere in the Code. The definitions and sections are repeated depending, and sometimes there's slight variations in the Code on what they mean.
[01:51:06.680 --> 01:51:16.680] So, regarding, you raised a very interesting point, and I'm, let me know what it was you were saying that I thought was speaking about.
[01:51:16.680 --> 01:51:21.680] Can you restake the last point you made, please, for me? It slipped my mind.
[01:51:21.680 --> 01:51:40.680] I'm making the point that if the term means commercial and they use the term and you don't object to the commercial aspect of the term, then you've waived that objection. You've accepted that the device was used in commerce.
[01:51:40.680 --> 01:51:48.680] But here in Tennessee law, the definition of vehicle is different than it is in Texas.
[01:51:48.680 --> 01:51:56.680] In Tennessee law, apparently, they're merely describing what in Texas would be a conveyance.
[01:51:56.680 --> 01:52:03.680] And this is a difficulty in law. We have to know what the definitions mean.
[01:52:03.680 --> 01:52:15.680] If we don't object to the use of an improper term, then we accept whatever the implication of that use is. That's why I raised a question about vehicle as an example.
[01:52:15.680 --> 01:52:19.680] This all is done on the side of the road where the encounter takes place.
[01:52:19.680 --> 01:52:32.680] And in my effort to spare the poor and African Americans and those most harassed by the policing process, I'm urging that people understand these definitions and distinctions.
[01:52:32.680 --> 01:52:43.680] But there's a larger problem, Randall, and that is how to get these things broadly accepted by people who don't know law and don't really care about law.
[01:52:43.680 --> 01:52:52.680] And it's a difficult question. I recently read, I think, an 18-year-old book called The Tipping Point by Malcolm Gladwell.
[01:52:52.680 --> 01:53:03.680] How do things catch? How does something catch? How does a complicated idea, such as the one that Danny is interested in, that you're interested in, how do we get these to catch so that people can use them generally,
[01:53:03.680 --> 01:53:12.680] even though they may not know the details of the underlying law or care a lot about constitutional rights and they don't know any of the provisions of the Bill of Rights.
[01:53:12.680 --> 01:53:21.680] Still, they have an interest in traveling freely and traveling free from interruption, harassment, arrest, beatings, and so on.
[01:53:21.680 --> 01:53:38.680] And my notice project is one that has some patients built into it. It's going to take years, I think, that it's going to work like Levin in the Lump on individual officers, one traveler at a time.
[01:53:38.680 --> 01:53:46.680] How do we get this to catch, though, especially among minority populations who are put upon already in many ways?
[01:53:46.680 --> 01:53:53.680] And here's a white man, a Caucasian in Chattanooga, saying he can free black people from traffic stops.
[01:53:53.680 --> 01:54:06.680] I wonder, what do you think about that? How do we get common people to accept this as something that they can actually use as a real tool, though they haven't read the single court case?
[01:54:06.680 --> 01:54:15.680] Okay, I do have a way to do that, but it takes quite a bit to explain it all. Everybody who listens to my show knows about that.
[01:54:15.680 --> 01:54:19.680] Okay, so we've discussed this before. Forgive me.
[01:54:19.680 --> 01:54:33.680] The quickest way to fix it is, and so far it's been surprising to me that it's the hardest thing to get passed, calling the police on the police.
[01:54:33.680 --> 01:54:44.680] If I can get someone to do that one time, then they get it. It changes everything.
[01:54:44.680 --> 01:54:55.680] So how do I get a person who is terrified of the police, confident enough to make that 911 call?
[01:54:55.680 --> 01:55:04.680] When they make that 911 call, it gets recorded, and they get recorded as the alleged victim of a crime.
[01:55:04.680 --> 01:55:17.680] If the 911 operator does not dispatch, and anything untoward happens to the caller, the 911 operator gets blamed.
[01:55:17.680 --> 01:55:28.680] So the 911 operators will always dispatch. And then when the officer gets there, he's put in the same situation.
[01:55:28.680 --> 01:55:36.680] He has been sent out to answer a complaint by an alleged crime victim.
[01:55:36.680 --> 01:55:46.680] If he does anything that would in any way threaten that victim, then that becomes some very serious crimes.
[01:55:46.680 --> 01:55:53.680] And beyond that, the police need the public to report crime.
[01:55:53.680 --> 01:56:01.680] They just can't afford to frighten the public to the point that they won't tell them when something's wrong.
[01:56:01.680 --> 01:56:04.680] You see these programs about Chinese neighborhoods.
[01:56:04.680 --> 01:56:16.680] And mostly the programs you see about Los Angeles in the large Chinese section, we have a lot of immigrants from China who are terrified of the police.
[01:56:16.680 --> 01:56:24.680] And they won't tell the police anything. And you see these movies are always complaining about nobody will tell them anything.
[01:56:24.680 --> 01:56:26.680] It makes their jobs extremely difficult.
[01:56:26.680 --> 01:56:33.680] This is a problem around the country. They want the public to report crime, while someone reports crime.
[01:56:33.680 --> 01:56:39.680] And then they have a problem with the police because they did report the crime.
[01:56:39.680 --> 01:56:45.680] Then it makes life bad for the policeman. And they know that.
[01:56:45.680 --> 01:56:52.680] And beyond that, it puts the policeman in a very precarious position.
[01:56:52.680 --> 01:57:01.680] I had Chief Jones on the show. He was a 40-year police officer, was a chief of police and several different jurisdictions.
[01:57:01.680 --> 01:57:04.680] But now he's doing these first amendment audits.
[01:57:04.680 --> 01:57:07.680] And we got on the show and we talked about calling 911.
[01:57:07.680 --> 01:57:12.680] These auditors get out there and they poke the bear and they get the police all upset.
[01:57:12.680 --> 01:57:20.680] The worst thing that happens to them is the policeman gets out of control and arrests them.
[01:57:20.680 --> 01:57:26.680] And most of them have no idea what to do, how to handle the backside.
[01:57:26.680 --> 01:57:28.680] We have the tools for that.
[01:57:28.680 --> 01:57:32.680] But it's more complex. It's not something we'd give them at a sound bite.
[01:57:32.680 --> 01:57:36.680] So how do we keep these guys from getting arrested?
[01:57:36.680 --> 01:57:42.680] First time the officer does something that you can allege is a crime, call 911.
[01:57:42.680 --> 01:57:44.680] It doesn't matter if it's a crime or not.
[01:57:44.680 --> 01:57:49.680] It doesn't matter if you have sufficient evidence or not, it just doesn't matter.
[01:57:49.680 --> 01:57:52.680] All of a sudden you've put both officers on the dime.
[01:57:52.680 --> 01:58:00.680] We talked about this on the air and chief called me a few days later and he said he's got a lot of police friends.
[01:58:00.680 --> 01:58:05.680] He said three of his police buddies called him and said, you've got to talk to this guy.
[01:58:05.680 --> 01:58:07.680] You've got to do something about that.
[01:58:07.680 --> 01:58:11.680] You can't be calling 911. It puts us in a precarious position.
[01:58:11.680 --> 01:58:18.680] And chief Jones says, stop him. I've got to get him a bigger venue.
[01:58:18.680 --> 01:58:30.680] Because that was exactly the idea. If we can get them to do that, first time they do that, their whole perspective will change.
[01:58:30.680 --> 01:58:38.680] They'll find out how vulnerable these police really are and the police go to great lengths to keep us from knowing that.
[01:58:38.680 --> 01:58:49.680] Hang on. We'll be right back. Check out our... I'll get this and that. We'll be right back.
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