ROL_2021-12-06_16k.timecode
[00:00.000 --> 00:04.680] The Bill of Rights contains the first ten amendments of our Constitution.
[00:04.680 --> 00:09.080] They guarantee that a specific freedom Americans should know and protect, our liberty depends
[00:09.080 --> 00:10.080] on it.
[00:10.080 --> 00:13.520] I'm Dr. Catherine Albright and I'll be right back with an unforgettable way to remember
[00:13.520 --> 00:16.680] one of your constitutional rights.
[00:16.680 --> 00:18.240] Privacy is under attack.
[00:18.240 --> 00:21.840] When you give up data about yourself, you'll never get it back again.
[00:21.840 --> 00:26.640] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.640 --> 00:31.600] So protect your rights, say no to surveillance and keep your information to yourself.
[00:31.600 --> 00:34.360] Privacy, it's worth hanging on to.
[00:34.360 --> 00:38.680] This public service announcement is brought to you by StartPage.com, the private search
[00:38.680 --> 00:42.200] engine alternative to Google, Yahoo and Bing.
[00:42.200 --> 00:45.800] Start over with StartPage.
[00:45.800 --> 00:50.120] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[00:50.120 --> 00:52.200] of Rights in a big old bear hug.
[00:52.200 --> 00:56.600] It's how I remember that the Second Amendment guarantees us the right to bear arms.
[00:56.600 --> 01:00.520] That embrace our freedoms and won't let anyone take them away without a fight.
[01:00.520 --> 01:01.520] Get it?
[01:01.520 --> 01:02.520] Two arms?
[01:02.520 --> 01:03.520] Bear hug?
[01:03.520 --> 01:04.520] Bear arms?
[01:04.520 --> 01:07.480] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[01:07.480 --> 01:12.240] when he said, the right of the citizens to bear arms is just one guarantee against
[01:12.240 --> 01:17.360] arbitrary government, one more safeguard against the tyranny which now appears remote in America,
[01:17.360 --> 01:20.600] but which historically has proved to always be possible.
[01:20.600 --> 01:22.360] I'm Dr. Catherine Albright.
[01:22.360 --> 01:33.560] More news and information at CatherineAlbright.com.
[01:33.560 --> 01:37.800] You may think our brains deteriorate with age, but new research shows that as brains
[01:37.800 --> 01:40.240] get older, they actually work more efficiently.
[01:40.240 --> 01:45.720] I'm Dr. Catherine Albright back with new research on how aging makes the mind sharper
[01:45.720 --> 01:47.480] after this.
[01:47.480 --> 01:49.200] Privacy is under attack.
[01:49.200 --> 01:53.640] When you give up data about yourself, you'll never get it back again, and once your privacy
[01:53.640 --> 01:57.840] is gone, you'll find your freedoms will start to vanish too.
[01:57.840 --> 01:59.360] So protect your rights.
[01:59.360 --> 02:02.920] Say no to surveillance and keep your information to yourself.
[02:02.920 --> 02:05.600] Privacy, it's worth hanging onto.
[02:05.600 --> 02:11.160] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:11.160 --> 02:12.920] Yahoo, and Bing.
[02:12.920 --> 02:16.560] Start over with StartPage.
[02:16.560 --> 02:21.080] It's a widely held notion that the older people get, the more doddering they become,
[02:21.080 --> 02:26.800] but new research shows that even as our brains age, they can actually become more efficient.
[02:26.800 --> 02:33.160] Scientists asked two groups of volunteers, one aged 18 to 35, and the other 55 to 75,
[02:33.160 --> 02:36.040] to associate different words with given topics.
[02:36.040 --> 02:39.200] At one point, they told everyone they'd made a mistake.
[02:39.200 --> 02:43.800] When that happened, the younger group's brains lit up and lost focus, but the older group's
[02:43.800 --> 02:48.440] brains didn't even flinch, and they stayed focused on solving the next task.
[02:48.440 --> 02:49.440] The moral?
[02:49.440 --> 02:51.440] There's something to be said for experience.
[02:51.440 --> 03:21.400] I'm Dr. Katharine Albrecht for StartPage.com, the world's most private search engine.
[03:21.440 --> 03:30.800] Good evening folks, this is Eddie Craig with your Monday Night Rule of Law radio show.
[03:30.800 --> 03:33.120] It is December 6th, 2021.
[03:33.120 --> 03:35.360] I am live tonight.
[03:35.360 --> 03:39.520] I want to apologize for all the technical issues for the last couple weeks where we've
[03:39.520 --> 03:40.520] missed shows.
[03:40.520 --> 03:45.480] That's my fault as well as the hardware's fault, so please bear with us on that front.
[03:45.480 --> 03:48.560] We're still trying to get a lot of things worked out here.
[03:48.560 --> 03:56.240] Now, I don't know if you've ever had this happen to you where you'll be reading something
[03:56.240 --> 04:04.280] technical, that you look at one part of it and you think you understand it and know what
[04:04.280 --> 04:10.680] it means and how it's being used, et cetera, et cetera, but as you read further on and
[04:10.680 --> 04:18.840] you study suddenly at some point much, much later or several years, you have an epiphany
[04:18.840 --> 04:24.520] about what you actually read and then you go back and look at it again and then you
[04:24.520 --> 04:30.880] go back and compare it to the other stuff and you find out that your epiphany is actually
[04:30.880 --> 04:33.880] correct.
[04:33.880 --> 04:37.360] Well I had that moment today.
[04:37.360 --> 04:42.900] I've got a document here that is going to go into the new book and is also very likely
[04:42.900 --> 04:46.480] to become an article up on the legal blog.
[04:46.480 --> 04:50.440] And I want to go through it with you and I want you to listen very carefully to the
[04:50.440 --> 04:59.640] premise of the argument that I am making in this white paper, okay?
[04:59.640 --> 05:05.420] This will clear up a lot of stuff about what the courts are misinterpreting about the law
[05:05.420 --> 05:07.960] if you'll just pay attention to it, okay?
[05:07.960 --> 05:12.640] So here we go.
[05:12.640 --> 05:19.480] Why the state of Texas must allege and prove use as a vehicle.
[05:19.480 --> 05:21.800] Both use and vehicle are in double quotes.
[05:21.800 --> 05:25.600] Since you can't see it from my perspective, I'll tell you that.
[05:25.600 --> 05:31.160] In relation to my continuing assertion that transportation, again in quotes, in and of
[05:31.160 --> 05:36.760] itself is not only an act of commerce and the key to legally understanding and applying
[05:36.760 --> 05:42.680] the entirety of the Texas Transportation Code, one can only maintain a straight face when
[05:42.680 --> 05:49.080] asserting that the Texas Third Court of Appeals simply aired in its proclamation that the
[05:49.080 --> 05:54.520] correct legal meaning of transportation is somehow irrelevant and definitely something
[05:54.520 --> 05:56.840] other than commerce.
[05:56.840 --> 06:02.200] Thus, one can accept that doing so requires an unflinching complication of utter judicial
[06:02.200 --> 06:06.960] negligence and incompetence with mere error.
[06:06.960 --> 06:13.120] The definition of vehicle under transportation code section 541.201 is actually very telling
[06:13.120 --> 06:17.600] and exposing the court's error in reason and judgment.
[06:17.600 --> 06:23.120] An error that, in the eyes of this writer at least, is an overt attempt to judicially
[06:23.120 --> 06:28.760] legislate from the bench for the express purpose of offering the law in order to make it conform
[06:28.760 --> 06:34.480] to what the prosecutors and the courts want it to be, a reliable revenue stream, instead
[06:34.480 --> 06:39.840] of how the legislature actually wrote it, as rules and regulations governing a specific
[06:39.840 --> 06:42.920] profession or occupation.
[06:42.920 --> 06:47.960] The definition of vehicle, again vehicle in quotes, reads thusly.
[06:47.960 --> 06:59.480] We can 541.201 vehicles in this subtitle and we skip all the way down to number 23, vehicle.
[06:59.480 --> 07:05.800] Vehicle means a device that can be used to transport or draw persons or property on a
[07:05.800 --> 07:07.080] highway.
[07:07.080 --> 07:16.080] The term does not include a, a device exclusively used on stationary rails or tracks, or b, manufactured
[07:16.080 --> 07:21.720] housing as that term is defined by Chapter 1201 Occupations Code.
[07:21.720 --> 07:27.760] Now what makes this reading of the definition so telling in how it spits right in the eye
[07:27.760 --> 07:33.320] of the Third Court of Appeals opinions on the subject while perfectly harmonizing with
[07:33.320 --> 07:38.840] my constitutional single subject matter limitation argument regarding the correct legal meaning
[07:38.840 --> 07:41.600] of the term transportation?
[07:41.600 --> 07:49.480] Well, it does this by using a single word within the part where it reads that can be
[07:49.480 --> 07:52.840] used to transport or draw.
[07:52.840 --> 07:58.800] Why is my emphasis on can in this excerpt of the statutory language?
[07:58.800 --> 08:03.320] Remember it says that can be used, okay?
[08:03.320 --> 08:13.800] Well, I'll tell you, it is because a device can only be legally defined as a vehicle
[08:13.800 --> 08:20.080] when it can be used to transport or draw persons or property on a highway.
[08:20.080 --> 08:26.800] So when does a device, again devices in double quotes, become transformed into a vehicle
[08:26.800 --> 08:34.560] in double quotes that can double quotes be used double quotes to engage in this activity?
[08:34.560 --> 08:41.480] Well according to the statutes, only after it has been the object of a first sale and
[08:41.480 --> 08:50.800] it has been registered, safety inspected, insured, and property licensed for such use is when.
[08:50.800 --> 08:57.360] If the device is not currently all of these things, then it is legally not a vehicle that
[08:57.360 --> 09:04.560] can be used to engage in this activity, thus failing to meet the legal definition of vehicle
[09:04.560 --> 09:06.040] ab initio.
[09:06.040 --> 09:14.440] Hence, it is now and always has been the actual use as is consistent with the single subject
[09:14.440 --> 09:20.440] matter requirement that the determining factor in whether or not a person in double quotes
[09:20.440 --> 09:25.040] has actually committed a regulatory offense under the statutes.
[09:25.040 --> 09:33.720] Thus, can in this language does not translate into could, rather it literally translates
[09:33.720 --> 09:41.400] into legally allowed or permitted according to law.
[09:41.400 --> 09:47.360] We can verify this using the common and ordinary meaning given to the term can by Merriam-Webster's
[09:47.360 --> 09:52.280] use of dictionary, which is consistent with the rules on statutory interpretation that
[09:52.280 --> 09:57.360] require the courts to apply the common and ordinary meaning to a word or phrase unless
[09:57.360 --> 10:03.560] there exists special statutory circumstances or criteria requiring otherwise, such as those
[10:03.560 --> 10:08.520] found in chapters 311 and 312 of the Texas Government Code and the Texas Legislative
[10:08.520 --> 10:11.080] Council Drafting menu.
[10:11.080 --> 10:16.240] Merriam-Webster's has five different categorical entries defining the various contextual uses
[10:16.240 --> 10:21.280] of the term can.
[10:21.280 --> 10:26.240] The primary categorical entry that applies to this situation is its use as a verb in
[10:26.240 --> 10:32.400] entry one of five, which in pertinent part contains definitions showing that can when
[10:32.400 --> 10:38.920] used in legal language more often than not does mean allowed or permitted.
[10:38.920 --> 10:46.680] With definition of can in entry one of five, auxiliary verb one, sub-item E, be enabled
[10:46.680 --> 10:57.600] by law, agreement or custom, G, be made possible or probable by circumstances too, or number
[10:57.600 --> 11:04.600] two, have, and this is one E and one G, by the way, and then number two, have permission
[11:04.600 --> 11:13.520] to, used interchangeably with may, and I've got a footnote on may because in that you
[11:13.520 --> 11:19.880] have to see Texas Government Code section 311.016 to see the definition of may and how
[11:19.880 --> 11:22.440] it's used in statute.
[11:22.440 --> 11:33.960] Well can may is used in the same way as may in this statute, in other words, one may use
[11:33.960 --> 11:41.440] the vehicle to transport persons and property upon the highway if it is a vehicle according
[11:41.440 --> 11:46.480] to the definition in the law of what constitutes a vehicle.
[11:46.480 --> 11:50.200] See how that works?
[11:50.200 --> 11:54.760] Right there we've got it sewn up, but we've got a lot more that'll make it even more air
[11:54.760 --> 11:55.760] tight.
[11:55.760 --> 11:57.680] So let's go on with this.
[11:57.680 --> 12:03.800] Yes, I can literally hear what all of you are thinking right now while reading this,
[12:03.800 --> 12:10.080] but that is what the argument is that they're already making.
[12:10.080 --> 12:14.120] If it is not any of those things, then they are saying that you are breaking the law by
[12:14.120 --> 12:17.000] having it upon the highways.
[12:17.000 --> 12:22.640] Actually no, that interpretation is not a correct reading and assessment according to
[12:22.640 --> 12:28.040] the actual verbiage of the law itself and those aforementioned rules of interpretation,
[12:28.040 --> 12:30.360] and here is why.
[12:30.360 --> 12:41.440] One, a device, legally speaking, can be used, i.e. may be used, to transport or draw persons
[12:41.440 --> 12:50.000] or property on a highway only when it fully meets the legal criteria of being a vehicle
[12:50.000 --> 13:00.240] prior to such use, which can be done only after the device meets all of the mandatory
[13:00.240 --> 13:08.000] criteria of being an object of a first sale and being subjected to registration, safety
[13:08.000 --> 13:11.760] inspection, insurance, and licensing.
[13:11.760 --> 13:15.880] The affixing of an actual visible license plate is the licensing part.
[13:15.880 --> 13:21.960] Now I'm going to break out for a second for some quick discussion here on this, okay?
[13:21.960 --> 13:27.640] Remember that registration, safety inspection, insurance, and licensing all apply to vehicles
[13:27.640 --> 13:32.440] or motor vehicles or commercial motor vehicles, okay?
[13:32.440 --> 13:39.720] They don't apply to anything that is not a vehicle or a motor vehicle or a commercial
[13:39.720 --> 13:42.360] motor vehicle.
[13:42.360 --> 13:50.240] Anything that does not fall within the specific definition of vehicle first and foremost cannot
[13:50.240 --> 13:52.920] be any of these things.
[13:52.920 --> 13:57.840] And I'll get to that later on in the document here, but with specifics, okay?
[13:57.840 --> 14:03.080] But understand that from a discussionary point of view, that the reason that we say it had
[14:03.080 --> 14:11.400] that vehicle must have all of this done before it's actually a vehicle is that every one
[14:11.400 --> 14:18.120] of these requires that a vehicle slash motor vehicle slash commercial motor vehicle be
[14:18.120 --> 14:26.960] what is the subject or the object of its existence, why it's there, what the law is regulating,
[14:26.960 --> 14:33.200] the object, which in this case is the vehicle, okay?
[14:33.200 --> 14:34.920] That's number one.
[14:34.920 --> 14:39.760] Number two, by the way, I do not have my color board up here, so hang on just a second.
[14:39.760 --> 14:44.000] Let me get that up here as well so that I can see the timer.
[14:44.000 --> 14:47.440] I don't have any of that going at the moment.
[14:47.440 --> 15:01.000] I was so anxious to get in here, sorry, folks, give me just a little bit of a second here.
[15:01.000 --> 15:03.920] I don't know why, but the website is not wanting to come up.
[15:03.920 --> 15:04.920] There we go.
[15:04.920 --> 15:05.920] All right.
[15:05.920 --> 15:09.680] Now, I'm also going to go ahead and turn the phones on even though I don't know exactly
[15:09.680 --> 15:16.960] how long this is going to take, but we will let you get in line, so if you have any comments
[15:16.960 --> 15:21.360] or anything on it, we can talk about it when you get here, all right?
[15:21.360 --> 15:30.600] So again, and you also have to pardon me because my keyboard acts up atrociously by multiplexing
[15:30.600 --> 15:32.960] every single letter I type in the multiples.
[15:32.960 --> 15:39.560] Okay, now number two, all of these are the requirements that must exist before a device
[15:39.560 --> 15:46.480] legally becomes a vehicle that can be operated or driven, i.e., used for the specifically
[15:46.480 --> 15:55.760] stated purpose, which is to transport or draw persons or property on a highway, which incorporates
[15:55.760 --> 16:00.480] the element of commerce that will be addressed further in this analysis.
[16:00.480 --> 16:07.280] These records are the precise legal circumstances that make the use of a device as a vehicle
[16:07.280 --> 16:13.440] both possible or probable under the Merriam-Webster definition found at 1G above.
[16:13.440 --> 16:20.960] Remember, I told you that the second definition under number one is G that says be made possible
[16:20.960 --> 16:23.520] or probable by circumstances.
[16:23.520 --> 16:30.160] Well, the object of first sale registration, safety inspection, insurance, and licensing
[16:30.160 --> 16:38.640] are the circumstances that make it possible or probable for a vehicle to be used to transport
[16:38.640 --> 16:43.080] persons or properties upon the highway, okay?
[16:43.080 --> 16:47.400] So, hang on just a minute and we will continue this on the other side.
[16:47.400 --> 16:53.760] The call in number is 512-646-1984 if you want to call and get in line, but it will be a
[16:53.760 --> 16:58.160] little bit before I get to your call, so please call in, hang on, and we will get to you.
[16:58.160 --> 17:00.160] All right, right back.
[17:00.160 --> 17:09.600] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:09.600 --> 17:10.600] Gun Works.
[17:10.600 --> 17:14.240] Go to LogosRadioNetwork.com and enter to win.
[17:14.240 --> 17:16.040] Any amount is appreciated.
[17:16.040 --> 17:17.880] Everything helps to keep us on the air.
[17:17.880 --> 17:24.320] From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR-15.
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[18:00.360 --> 18:05.680] Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:49.640 --> 18:57.400] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.400 --> 19:00.400] To learn how to stop debt collectors next.
[19:00.400 --> 19:07.400] You can support listening to the Logos Radio Network at www.logosradio-network.com.
[19:07.400 --> 19:20.400] Get up, don't lose, I'm in my head, wrap up, slide down, don't look at the bed, can't
[19:20.400 --> 19:29.400] I be cold, my whole life spins into a breath of air?
[19:29.400 --> 19:35.800] All right folks, we are back, this is Eddie Craig with your rule of law radio show on
[19:35.800 --> 19:41.600] Monday night, it is January, or I'm sorry, December 6th, 2021, I'm a space cadet in here,
[19:41.600 --> 19:50.240] I want to be next year already, and I'm going over something that dawned on me today in
[19:50.240 --> 19:53.400] the transportation code.
[19:53.400 --> 20:01.400] Okay, number three, thus if the device does not meet all of these statutorily mandated
[20:01.400 --> 20:07.600] criteria to be transformed from being simply a device that is capable of performing these
[20:07.600 --> 20:14.400] actions into an actual vehicle that is legally allowed or permitted to actively engage in
[20:14.400 --> 20:23.600] the activity, it does not meet the section 541.201 legal meaning of vehicle.
[20:23.600 --> 20:32.320] Number four, thus a vehicle can only legally exist and be used to transport or draw persons
[20:32.320 --> 20:40.160] or property on a highway if it meets all of these statutorily mandated criteria.
[20:40.160 --> 20:45.920] Thus number five, thus if the device cannot meet all of these legal requirements in order
[20:45.920 --> 20:53.480] to be legally defined as a vehicle which includes its use and it has not been shown that its
[20:53.480 --> 21:01.680] use was as described by the actual terms and conditions set forth in the statute at the
[21:01.680 --> 21:16.520] time of the alleged offense, let me get that in there too so we have it, then it also cannot
[21:16.520 --> 21:22.080] meet the legal requirements to be defined as a motor vehicle or commercial motor vehicle
[21:22.080 --> 21:27.920] as both of those terms incorporate the legal definition of vehicle into their own meaning
[21:27.920 --> 21:32.520] by legislative design and the rules of statutory interpretation.
[21:32.520 --> 21:41.240] Six, a person needs a driver's license and becomes a driver operator who is in control
[21:41.240 --> 21:49.080] of a motor vehicle or vehicle only if the person is driving or operating a device that
[21:49.080 --> 21:56.000] first and foremost meets the legal definition of vehicle and that vehicle is actually being
[21:56.000 --> 22:03.880] used to transport or draw persons or property on a highway, again this all back to the single
[22:03.880 --> 22:13.120] word can which means may, otherwise there is no legal requirement that a device actually
[22:13.120 --> 22:21.080] be a vehicle, get it, if it's not engaging in the act of transporting or drawing persons
[22:21.080 --> 22:28.480] or property upon the highway then it has no legal requirement to be called a vehicle,
[22:28.480 --> 22:41.800] it doesn't fit the legal criteria defining vehicle at all, otherwise there is no legal
[22:41.800 --> 22:47.320] requirement that a device actually be a vehicle simply because it looks similar or identical
[22:47.320 --> 22:53.080] and physically and mechanically operates the same way, thus if the device does not meet
[22:53.080 --> 22:58.120] this number seven, thus if the device does not meet the statutory mandated criteria
[22:58.120 --> 23:05.200] required to be legally defined as a vehicle so that the device now can be used i.e. is
[23:05.200 --> 23:12.800] legally allowed or permitted to transport or draw persons or property on a highway then
[23:12.800 --> 23:17.640] it cannot possibly meet the legal meaning required to become an essential element of the alleged
[23:17.640 --> 23:23.120] offense under the transportation code, in other words without you actually proving up
[23:23.120 --> 23:29.240] all of these other things to be in existence you cannot prove a vehicle, therefore vehicle
[23:29.240 --> 23:36.000] which is a mandatory element of the offense can't be an element of the offense because
[23:36.000 --> 23:43.760] you can't show where it legally exists according to the facts and evidence, just like you cannot
[23:43.760 --> 23:52.360] show that it was legally allowed to be used for these purposes, now understand what this
[23:52.360 --> 24:00.920] is actually telling you here alright, so let's go on, so what does this mean to our argument,
[24:00.920 --> 24:08.120] it means that the state must actually prove the use of the device as a vehicle first and
[24:08.120 --> 24:11.080] foremost, why?
[24:11.080 --> 24:17.160] Because it is the use that requires all of these statutory criteria be met in order
[24:17.160 --> 24:23.920] for a device to be legally transformed into a vehicle that is subject to regulation while
[24:23.920 --> 24:31.200] being actively engaged in such use under the Texas transportation code, i.e. if there is
[24:31.200 --> 24:38.520] no active use and there is no vehicle requirement for any similar device under the law, this
[24:38.520 --> 24:43.840] is also why manufacturer housing is specifically excluded from this definition within this
[24:43.840 --> 24:49.680] chapter while also actually being defined as a motor vehicle in another section of the
[24:49.680 --> 24:57.560] code, i.e. it is only a motor vehicle whenever it is actually being drawn, i.e. used upon
[24:57.560 --> 25:04.480] the highway, if you then apply the imperimateria provisions of Texas administrative code title
[25:04.480 --> 25:12.800] 37 part 1 chapter 1 sub chapter a rules 1.1 through 1.5, where in the specific mission
[25:12.800 --> 25:19.520] regulatory authority and specific regulatory programs that the Department of Public Safety
[25:19.520 --> 25:26.320] of the state of Texas also known as the DPS is authorized by law to create and maintain
[25:26.320 --> 25:33.280] under that authority in support of the specifically stated mission, we can see that the regulations
[25:33.280 --> 25:39.360] governing transportation are actually regulations governing the persons and devices that are
[25:39.360 --> 25:46.520] used to actively engage in commerce upon the highways for private profit or gain as commercial
[25:46.520 --> 25:53.240] or for higher traffic, which is exactly what the administrative code says, the regulatory
[25:53.240 --> 26:00.280] power authority and programs created and maintained by the Department of Public Safety are meant
[26:00.280 --> 26:06.600] to regulate, you got that?
[26:06.600 --> 26:14.080] The administrative code tells us what the transportation code does not what the regulatory
[26:14.080 --> 26:22.760] authority is and what it is legally applicable to and we know it's limited because of the
[26:22.760 --> 26:30.880] fact that in every single chapter of the transportation code where we deal with these programs and
[26:30.880 --> 26:39.920] specific levels of enforcement against the public, the only designated official of the
[26:39.920 --> 26:48.200] government that can enforce that provision of law is someone who is either an officer
[26:48.200 --> 26:53.800] or agent of the department.
[26:53.800 --> 26:58.960] Department is defined in each of those chapters of the transportation code as the Department
[26:58.960 --> 27:03.600] of Public Safety of the state of Texas, it's not defined as municipal police, it's not
[27:03.600 --> 27:08.360] defined as the sheriff's department, it is defined as the Department of Public Safety
[27:08.360 --> 27:10.160] of the state of Texas.
[27:10.160 --> 27:18.160] That is also why rule 4.13 of the Texas administrative code requires enforcement powers to be delegated,
[27:18.160 --> 27:26.440] it's also why 541.201 has a definition for police officer that specifically requires
[27:26.440 --> 27:36.080] authorization to enforce the transportation laws, okay?
[27:36.080 --> 27:40.520] It's all right there in front of us.
[27:40.520 --> 27:45.920] It's all right there in front of the courts who refuse to actually see it.
[27:45.920 --> 27:48.880] Why do they refuse to see it?
[27:48.880 --> 27:51.880] Because it interferes with the generation of revenue folks.
[27:51.880 --> 27:57.480] It doesn't matter that it's fraud, it doesn't matter that it's responsible for mass murder
[27:57.480 --> 28:03.280] of innocent people, it doesn't matter that it's responsible for violation of innumerable
[28:03.280 --> 28:11.240] rights under the federal and state constitutions, it interferes with their generation of revenue.
[28:11.240 --> 28:16.920] Okay, you are a sheep to be sheared.
[28:16.920 --> 28:22.800] If you are not a sheep that can be sheared then you serve no purpose to the system and
[28:22.800 --> 28:28.640] the system doesn't want to take care of you, feed you or leave you alone.
[28:28.640 --> 28:32.640] That's its biggest problem.
[28:32.640 --> 28:38.000] It doesn't want any responsibility for you that comes out of its own pocket.
[28:38.000 --> 28:46.440] But it sure wants to control you and it sure wants to steal from you and it wants your
[28:46.440 --> 28:54.280] unwitting and even your unwilling cooperation to do exactly that.
[28:54.280 --> 29:01.680] And by intentionally misreading and misinterpreting these statutes is how they are getting away
[29:01.680 --> 29:02.680] with it.
[29:02.680 --> 29:09.000] I told you guys once before, many times before actually, we don't need the Pope, the Queen
[29:09.000 --> 29:16.720] of England, the Postmaster General, the birth certificate, Beatle Bailey, Ali Upp or Archie
[29:16.720 --> 29:21.360] and Jughead to do a damn thing to fix this problem.
[29:21.360 --> 29:26.560] All we have to do is learn to read and how to fight it with what we read.
[29:26.560 --> 29:31.680] And then when we sit on juries, educate our fellow jurors about what we know.
[29:31.680 --> 29:35.120] Instead of just patting each other on the back and saying, let's just go home for lunch
[29:35.120 --> 29:38.960] on a regular hour and find this person guilty so the state can get his money and we can
[29:38.960 --> 29:40.960] get out of here.
[29:40.960 --> 29:45.640] Because that, ladies and gentlemen, is what the system counts on.
[29:45.640 --> 29:47.640] Apathy from everyone.
[29:47.640 --> 29:53.400] Alright folks, I think that's all the documents so we will start taking calls on the other
[29:53.400 --> 29:57.400] side of the break, five, one, two, six, four, six, nineteen, eighty-four, give us a call
[29:57.400 --> 30:00.400] and get in line, let's talk.
[30:00.400 --> 30:06.680] Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:06.680 --> 30:08.200] the blood alcohol limit.
[30:08.200 --> 30:13.040] I'm Dr. Catherine Albrecht and I'll be back with a tale of bad breath-alizers and a government
[30:13.040 --> 30:15.600] cover-up in a moment.
[30:15.600 --> 30:17.200] Privacy is under attack.
[30:17.200 --> 30:20.800] When you give up data about yourself, you'll never get it back again.
[30:20.800 --> 30:25.560] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.560 --> 30:30.720] So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.720 --> 30:33.320] Privacy, it's worth hanging on to.
[30:33.320 --> 30:37.640] This public service announcement is brought to you by StartPage.com, the private search
[30:37.640 --> 30:41.160] engine alternative to Google, Yahoo and Bing.
[30:41.160 --> 30:44.600] Start over with StartPage.
[30:44.600 --> 30:46.720] Ever hear the term fine-farming?
[30:46.720 --> 30:51.280] It's when cops find innocent people to bring in revenue and it's apparently big business
[30:51.280 --> 30:53.280] in the sunshine state of Florida.
[30:53.280 --> 30:59.360] This case involves breath-alizers used to convict thousands of Florida motorists for DUI violations.
[30:59.360 --> 31:04.160] Recently, reporters discovered that the devices were improperly calibrated.
[31:04.160 --> 31:07.800] State officials knew about it for two and a half years but did nothing.
[31:07.800 --> 31:12.800] In fact, the head of Florida's breath-testing program ordered inspectors not to document
[31:12.800 --> 31:13.800] the problem.
[31:13.800 --> 31:18.680] A DUI conviction can ruin somebody's life but now that the cover-up has been exposed,
[31:18.680 --> 31:21.360] perhaps Florida drivers can breathe a bit easier.
[31:21.360 --> 31:30.480] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.480 --> 31:35.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.880 --> 31:38.120] The government says that fire brought it down.
[31:38.120 --> 31:42.920] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:42.920 --> 31:46.920] Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[31:46.920 --> 31:48.360] force responders are dying.
[31:48.360 --> 31:52.200] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctionalist,
[31:52.200 --> 31:57.040] I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve the
[31:57.040 --> 31:58.040] truth.
[31:58.040 --> 32:02.040] Go to RememberBuilding7.org today.
[32:02.040 --> 32:05.040] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.040 --> 32:08.440] In today's America, we live in a mess against them society and if we the people are ever
[32:08.440 --> 32:12.400] going to have a free society then we're going to have to stand and defend our own rights.
[32:12.400 --> 32:15.640] Among those rights are the right to travel freely from place to place, the right to
[32:15.640 --> 32:19.840] act in our own private capacity and most importantly, the right to due process of law.
[32:19.840 --> 32:23.720] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.720 --> 32:25.520] our rights through due process.
[32:25.520 --> 32:29.080] Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the
[32:29.080 --> 32:32.840] most comprehensive teaching tool available that will help you understand what due process
[32:32.840 --> 32:35.240] is and how to hold the courts to the rule of law.
[32:35.240 --> 32:39.240] You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.240 --> 32:42.600] ordering your copy today. By ordering now, you'll receive a copy of Eddie's book, The
[32:42.600 --> 32:46.880] Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
[32:46.880 --> 32:47.880] seminar.
[32:47.880 --> 32:50.560] Hundreds of research documents and other useful resource material.
[32:50.560 --> 32:54.560] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.560 --> 33:02.360] Order your copy today and together we can have the free society we all want and deserve.
[33:02.360 --> 33:31.360] You can get your copy today at www.freespeechradio.com.
[33:31.360 --> 33:33.360] Alright folks, we are back.
[33:33.360 --> 33:38.600] This is Rule of Law Radio with your host Eddie Craig on the Monday night show.
[33:38.600 --> 33:44.560] Calling number 512-646-1984 if you want to call and get a line and let's talk about
[33:44.560 --> 33:45.560] something.
[33:45.560 --> 33:48.760] In the meantime, I've got several callers up on the board, so we're going to start
[33:48.760 --> 33:49.760] right there.
[33:49.760 --> 33:54.160] Alright, I have a caller that I don't have a name for.
[33:54.160 --> 33:59.680] It's not screened, so I'm assuming your first time caller area code 415 is what I see.
[33:59.680 --> 34:02.200] Who am I talking to?
[34:02.200 --> 34:03.200] Is that me?
[34:03.200 --> 34:04.200] That's you.
[34:04.200 --> 34:06.200] Oh, hey there.
[34:06.200 --> 34:07.200] Hi.
[34:07.200 --> 34:08.200] Hi.
[34:08.200 --> 34:10.200] Yeah, my name is Teresa.
[34:10.200 --> 34:11.200] Hello Teresa.
[34:11.200 --> 34:12.200] Hi there.
[34:12.200 --> 34:24.960] So, I wanted to speak with you about a car, I had a car for many years and the local sheriff's
[34:24.960 --> 34:32.960] department sold it, so they called it a tow and it's because it had expired tags I think
[34:32.960 --> 34:35.960] one week past six months.
[34:35.960 --> 34:46.000] So, I've done a really deep dive into all of their own towing policies that they violated.
[34:46.000 --> 34:49.640] The vehicle codes, you know, there's new...
[34:49.640 --> 34:51.640] What state is this in?
[34:51.640 --> 34:52.640] California.
[34:52.640 --> 34:53.640] Okay.
[34:53.640 --> 34:55.640] Yeah.
[34:55.640 --> 34:59.760] And so, they were supposed to have taken an inventory of everything that was in my car,
[34:59.760 --> 35:00.760] they didn't.
[35:00.760 --> 35:05.160] They were supposed to have gotten permission from the owner of the...
[35:05.160 --> 35:14.400] They actually stole it from a parking lot and they didn't get permission from the owner
[35:14.400 --> 35:17.480] of the off-street parking facility.
[35:17.480 --> 35:23.120] They claimed that they had sent me the original of the notices for a vehicle only to find
[35:23.120 --> 35:26.360] out that somebody else within the sheriff's department said that they were keeping the
[35:26.360 --> 35:30.480] original and it's just an endless list of violations.
[35:30.480 --> 35:34.720] Wait a minute, they're saying that it came in as a stolen vehicle?
[35:34.720 --> 35:35.720] No.
[35:35.720 --> 35:36.720] They...
[35:36.720 --> 35:37.720] Well, they...
[35:37.720 --> 35:45.080] No, I call it stolen, but they call it a tow, so they towed it to a tow yard.
[35:45.080 --> 35:46.080] Okay?
[35:46.080 --> 35:53.080] Yeah, but you said the notice they sent you said something about stolen or at least that's
[35:53.080 --> 35:54.920] what I understood you to say.
[35:54.920 --> 35:55.920] No.
[35:55.920 --> 35:59.360] Well, here in California, I'm not sure if you're aware of this, but we have something
[35:59.360 --> 36:06.400] called a notice of a stored vehicle and we're supposed to get that within a certain period
[36:06.400 --> 36:13.200] of time so we can request the storage hearing within 10 days, but they don't know who mailed
[36:13.200 --> 36:15.960] it and they don't know when it was mailed to me.
[36:15.960 --> 36:20.480] Well, they're the ones that have to prove proof of service.
[36:20.480 --> 36:26.440] They only...they put it in the mail with a stamp on it.
[36:26.440 --> 36:27.440] No.
[36:27.440 --> 36:29.200] You're not listening to what I said.
[36:29.200 --> 36:32.240] Did you watch them put it in the mail with a stamp on it?
[36:32.240 --> 36:33.240] No.
[36:33.240 --> 36:35.440] Then you're assuming, right?
[36:35.440 --> 36:40.960] Well, how...I mean, what else am I going to think of course they mailed it.
[36:40.960 --> 36:46.800] You're going to think unless they can produce an actual receipt of service, maybe they sent
[36:46.800 --> 36:52.760] it with at least a green card with signature-required return receipt requested, they can't prove
[36:52.760 --> 36:53.760] they ever mailed it.
[36:53.760 --> 36:56.680] They cannot prove service under the law.
[36:56.680 --> 36:57.680] Right.
[36:57.680 --> 37:01.360] Well, no, they didn't mail it to me like that, it was just stamped.
[37:01.360 --> 37:04.640] Well, obviously not if you never got it.
[37:04.640 --> 37:08.960] But what I'm saying when I say they have to prove service, if you've challenged their
[37:08.960 --> 37:16.760] assertion that they mailed it to you by demanding proof and receipt of the mailing, they can't
[37:16.760 --> 37:18.480] produce it, can they?
[37:18.480 --> 37:19.480] No.
[37:19.480 --> 37:25.240] They claim, the underchef claimed that he didn't even know when it was mailed or who mailed
[37:25.240 --> 37:26.240] it.
[37:26.240 --> 37:27.240] That's irrelevant.
[37:27.240 --> 37:30.240] They can't prove it, can they?
[37:30.240 --> 37:31.240] No.
[37:31.240 --> 37:32.240] Okay.
[37:32.240 --> 37:38.720] If they can't prove it, does that count against them or for them?
[37:38.720 --> 37:39.720] Against them.
[37:39.720 --> 37:40.720] Okay.
[37:40.720 --> 37:42.560] Now do you see my point?
[37:42.560 --> 37:43.560] Yeah.
[37:43.560 --> 37:44.560] Okay.
[37:44.560 --> 37:51.520] So, they have one strike against them because they cannot prove service as required by law.
[37:51.520 --> 37:52.520] Right?
[37:52.520 --> 37:53.520] Okay.
[37:53.520 --> 37:55.720] The law requires them to do that, right?
[37:55.720 --> 37:56.920] Right.
[37:56.920 --> 38:00.640] It says they shall do it or must do it, right?
[38:00.640 --> 38:03.440] Not can do it or may do it.
[38:03.440 --> 38:05.920] It says shall or must.
[38:05.920 --> 38:06.920] Right.
[38:06.920 --> 38:07.920] Yeah.
[38:07.920 --> 38:08.920] Well, that's just right.
[38:08.920 --> 38:10.960] I don't know if it does or not.
[38:10.960 --> 38:15.680] I'm asking you, supposedly you're the one that would have read this by now.
[38:15.680 --> 38:25.440] I haven't seen, I can't recall how it is that they were supposed to have gotten it to me.
[38:25.440 --> 38:32.280] It's not a matter of how, it's a matter of are they commanded to do it or are they saying,
[38:32.280 --> 38:35.240] are they told they should do it?
[38:35.240 --> 38:36.240] There's a difference.
[38:36.240 --> 38:41.920] The wording in statute for a command is shall or must.
[38:41.920 --> 38:45.520] An option is can or may.
[38:45.520 --> 38:51.680] So, what is the language in the statute regarding the notice?
[38:51.680 --> 38:53.720] I don't know.
[38:53.720 --> 38:58.760] You're the one that says you read that, so you need to know and understand that.
[38:58.760 --> 38:59.760] Okay?
[38:59.760 --> 39:00.760] Okay.
[39:00.760 --> 39:01.760] All right.
[39:01.760 --> 39:06.520] Now, what's the rest of it?
[39:06.520 --> 39:13.320] Okay, they were supposed to have left me a warning on the car, 24 hours in advance.
[39:13.320 --> 39:17.680] The car they took, they're going to leave you a warning on the car they took?
[39:17.680 --> 39:21.720] They were supposed to have done that, yeah, it says that in their polling policies that
[39:21.720 --> 39:28.720] they were supposed to have given me a 24-hour advance notice to do something about the registration,
[39:28.720 --> 39:30.880] which they didn't do.
[39:30.880 --> 39:33.240] They were also supposed to have taken the notice.
[39:33.240 --> 39:38.360] Okay, so once again, we have another legal requirement to provide notice that they can't
[39:38.360 --> 39:39.840] prove they did.
[39:39.840 --> 39:42.200] Well, yeah, correct.
[39:42.200 --> 39:43.200] Okay.
[39:43.200 --> 39:44.200] Correct.
[39:44.200 --> 39:50.680] And you saw the car at least within 24 hours of when it was removed from the parking lot?
[39:50.680 --> 39:51.680] Yes.
[39:51.680 --> 39:56.280] Okay, and there was no orange sticker in the window or on the windshield or anywhere like
[39:56.280 --> 39:57.280] that?
[39:57.280 --> 39:58.280] No.
[39:58.280 --> 40:05.640] They usually do the notice unless a law specifically requires them to do it in a very specific way.
[40:05.640 --> 40:13.760] They will usually slap a big sticky orange sheet of paper that is almost impossible
[40:13.760 --> 40:20.400] to remove without a razor blade on your window or on your windshield containing all the information
[40:20.400 --> 40:23.840] about how long you've got to remove it and blah, blah, blah, blah, all the stuff that
[40:23.840 --> 40:28.240] you're saying they require to notify you of is before they tow the car, that's normally
[40:28.240 --> 40:29.960] how they would do that.
[40:29.960 --> 40:30.960] Okay?
[40:30.960 --> 40:33.800] They didn't do that.
[40:33.800 --> 40:35.680] Okay.
[40:35.680 --> 40:42.240] So it would be your word against theirs, but they're the ones required to prove the service
[40:42.240 --> 40:44.320] and you are not.
[40:44.320 --> 40:48.240] So does that work in your favor or not?
[40:48.240 --> 40:49.240] Yes.
[40:49.240 --> 40:50.240] Okay.
[40:50.240 --> 40:54.440] So that's two strikes against them and none against you, right?
[40:54.440 --> 40:55.440] Right.
[40:55.440 --> 40:56.440] Okay.
[40:56.440 --> 40:59.800] So what's next?
[40:59.800 --> 41:04.200] They were supposed to have taken an inventory of everything that was in the car at the time
[41:04.200 --> 41:06.800] of the tow, which they did not.
[41:06.800 --> 41:07.800] They've admitted they did not.
[41:07.800 --> 41:09.440] How do you know they did not?
[41:09.440 --> 41:13.800] They, that's what he told me in the public records request.
[41:13.800 --> 41:15.520] They didn't take an inventory.
[41:15.520 --> 41:16.520] Okay.
[41:16.520 --> 41:21.440] He said there's no records that were responsive to your request?
[41:21.440 --> 41:22.440] Correct.
[41:22.440 --> 41:23.440] Okay.
[41:23.440 --> 41:24.440] Yeah.
[41:24.440 --> 41:28.440] All right, so that's three strikes.
[41:28.440 --> 41:29.920] Right.
[41:29.920 --> 41:36.440] He will not tell me how many tow companies they have done business with in the past three
[41:36.440 --> 41:37.440] years.
[41:37.440 --> 41:38.840] What difference does that make?
[41:38.840 --> 41:44.160] How does that information help you solve this problem in the least?
[41:44.160 --> 41:48.720] All you need to know is the tow company that took your car, not everybody they've done
[41:48.720 --> 41:49.720] business with.
[41:49.720 --> 41:55.880] Why are you asking about how all of those guys?
[41:55.880 --> 42:00.360] Because I would like to see if it's getting specifically funneled to a particular tow
[42:00.360 --> 42:01.360] company.
[42:01.360 --> 42:05.720] Well, if there's multiple tow companies, the answer to that would already be no, wouldn't
[42:05.720 --> 42:06.720] it?
[42:06.720 --> 42:12.720] I don't understand, I don't understand what you're saying.
[42:12.720 --> 42:19.720] Well, according to most law in most states, they're required to do basically a lottery
[42:19.720 --> 42:20.720] wheel.
[42:20.720 --> 42:26.400] They have a list of all the tow services that are willing to provide services to the police
[42:26.400 --> 42:33.600] department and they must call the next person in line on that wheel.
[42:33.600 --> 42:35.160] Yeah.
[42:35.160 --> 42:37.840] So, where is that?
[42:37.840 --> 42:40.040] Where's that list?
[42:40.040 --> 42:42.000] They won't give it to me.
[42:42.000 --> 42:48.040] Well, did you follow through a FOIA request to get it?
[42:48.040 --> 42:53.960] Here in California, the sheriff's department are not listed on the FOIA website because
[42:53.960 --> 42:58.360] they're not a federal agency.
[42:58.360 --> 43:05.440] Why would a state information request for public records go through the federal government?
[43:05.440 --> 43:10.120] You're talking about a state agency, why are you not using the state open records laws
[43:10.120 --> 43:12.360] instead of the federal laws?
[43:12.360 --> 43:18.920] Well, because I've been submitting the public records request directly to the sheriff's
[43:18.920 --> 43:20.520] department.
[43:20.520 --> 43:28.520] Okay, what does that have to do with anything based upon my question?
[43:28.520 --> 43:32.360] California has open records laws for public records.
[43:32.360 --> 43:37.040] The process and procedures used by the sheriff's department for anything that's not specific
[43:37.040 --> 43:44.360] to law enforcement purposes and which this is not because it's 100% administrative are
[43:44.360 --> 43:45.840] open to the public.
[43:45.840 --> 43:51.880] Hang on just a second, I got a break to take it and I'll be back to finish up with you,
[43:51.880 --> 43:52.880] okay?
[43:52.880 --> 43:53.880] Right.
[43:53.880 --> 43:59.280] All right, folks, this is the rule of law radio, call it number 512-646-1984.
[43:59.280 --> 44:03.760] Are you the plaintiff or defendant in a lawsuit?
[44:03.760 --> 44:10.520] In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[44:10.520 --> 44:17.160] that will show you how in 24 hours, step-by-step, if you have a lawyer, know what your lawyer
[44:17.160 --> 44:18.160] should be doing.
[44:18.160 --> 44:22.560] If you don't have a lawyer, know what you should do for yourself.
[44:22.560 --> 44:27.360] Thousands have won with our step-by-step course and now you can too.
[44:27.360 --> 44:33.240] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:33.240 --> 44:38.640] Even if you're not in a lawsuit, you can learn what everyone should understand about
[44:38.640 --> 44:43.000] the principles and practices that control our American courts.
[44:43.000 --> 44:49.120] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[46:28.720 --> 46:47.720] All right folks, this is rule of law radio column number 5126461984 and we are still talking with our lady here.
[46:47.720 --> 46:51.720] All right, let's continue. Still there?
[46:51.720 --> 46:53.720] Well, yeah, I'm still here.
[46:53.720 --> 46:55.720] Okay. All right, let's continue.
[46:55.720 --> 47:15.720] So after they committed a whole bunch of violations, then they colluded with the DMV and the DMV gave a third party permission to purchase the car.
[47:15.720 --> 47:23.720] Well, here's what they actually did and they probably used the law to get away with doing it this way.
[47:23.720 --> 47:33.720] What they actually did was filed, since you didn't come and pick up the car and pay their fees, they filed it as an abandoned vehicle.
[47:33.720 --> 47:43.720] They then had sought to get the title turned over in their name so that they could then sell it at auction.
[47:43.720 --> 47:44.720] Okay.
[47:44.720 --> 47:46.720] Right. Well, I submitted a notice.
[47:46.720 --> 47:52.720] Now, what is that called in law?
[47:52.720 --> 47:55.720] I don't know.
[47:55.720 --> 47:57.720] Hello?
[47:57.720 --> 47:59.720] Yeah.
[47:59.720 --> 48:01.720] Are you still there?
[48:01.720 --> 48:03.720] I'm here.
[48:03.720 --> 48:07.720] Okay. Well, you're not talking or dropping out, so...
[48:07.720 --> 48:09.720] All right, is that better?
[48:09.720 --> 48:16.720] Yes. What's it called in law when they take property that does not belong to them but converts that property to their own use?
[48:16.720 --> 48:18.720] Fast.
[48:18.720 --> 48:26.720] No, it's called conversion. What they did to get the car out of the parking lot, that was theft.
[48:26.720 --> 48:32.720] What they did to get the title to it so they could sell it and keep the money, that's conversion.
[48:32.720 --> 48:44.720] Well, incidentally, he actually undervalued the car, so he listed on the notice of stored vehicle that it was worth between $0 to $300.
[48:44.720 --> 48:55.720] Well, of course, they have... Your licensing and registration and your title fees out there based upon the price of the property, right?
[48:55.720 --> 49:01.720] Well, he... There's no reason for why he would have placed a value...
[49:01.720 --> 49:07.720] You didn't answer my question. Isn't that the way it works in California?
[49:07.720 --> 49:10.720] I don't remember. What was the question?
[49:10.720 --> 49:19.720] When you are required to pay certain types of fees for your motor vehicle in California, it's based upon its value.
[49:19.720 --> 49:22.720] It's resale value, right?
[49:22.720 --> 49:24.720] Right.
[49:24.720 --> 49:37.720] So, the lower the resale value, the lower the cost of all those fees, including transferring ownership via certificates of title, right?
[49:37.720 --> 49:40.720] Now, do you understand why they did it that way?
[49:40.720 --> 49:43.720] Yeah, I understood it before you explained it.
[49:43.720 --> 49:51.720] Okay. All right. Well, that's the Sheriff's Department committing fraud upon the motor vehicle department.
[49:51.720 --> 49:53.720] Okay.
[49:53.720 --> 50:05.720] Now, the only question that remains in that regard is, is there a specific authorization in law that allows a governmental entity to choose the lowest option
[50:05.720 --> 50:13.720] in these circumstances for that purpose, rather than giving a true value of the property?
[50:13.720 --> 50:14.720] A true market value.
[50:14.720 --> 50:18.720] That they can make money so that they can make money, more money off of it afterwards.
[50:18.720 --> 50:20.720] I understand why they did it.
[50:20.720 --> 50:30.720] What I'm asking you is whether or not the law makes a specific exception for governmental entities to do what they did,
[50:30.720 --> 50:40.720] rather than having to provide a fair market value for the property that they were trying to get titled.
[50:40.720 --> 50:43.720] You see what I'm saying?
[50:43.720 --> 50:44.720] Yeah.
[50:44.720 --> 50:55.720] If the law did not authorize them to commit the fraud, then what they did was illegal when they sent it up with that value.
[50:55.720 --> 51:04.720] Well, then the law isn't going to condone fraud. It's still fraud.
[51:04.720 --> 51:14.720] No. If the law makes a specific exception for who commits the fraud, then yeah, it will condone it, and they do it all the time.
[51:14.720 --> 51:30.720] It has to be specifically stated in the law that they are an exception, and if it doesn't say that, they are not an exception.
[51:30.720 --> 51:33.720] We clear on that?
[51:33.720 --> 51:43.720] We're clear, but there's no way that I'm going to understand all of this because I haven't been studying it, you know, diligently for 25 years the way that you have.
[51:43.720 --> 51:52.720] Yeah, but you told me when we started this conversation that you've been digging into the statutes and everything else, right?
[51:52.720 --> 51:53.720] Didn't you say that?
[51:53.720 --> 51:54.720] Yeah.
[51:54.720 --> 51:55.720] Okay.
[51:55.720 --> 51:56.720] Yeah.
[51:56.720 --> 52:08.720] So at the very least, whether you know this at the moment or not, I'm trying to point you in the right direction to get the other things you need so you will have a big enough hammer to win your case.
[52:08.720 --> 52:11.720] You do follow that, right?
[52:11.720 --> 52:14.720] I'm trying to make you feel or seem stupid.
[52:14.720 --> 52:22.720] I'm trying to make you understand the points that are important to what you're doing here and which ones aren't.
[52:22.720 --> 52:23.720] Okay?
[52:23.720 --> 52:28.720] Well, clearly, I don't know everything that you do. That's why I called in.
[52:28.720 --> 52:30.720] And I'm trying to help you with that.
[52:30.720 --> 52:37.720] I'm just doing it so that everyone listening gets an education, too.
[52:37.720 --> 52:42.720] Well, maybe you can just tell me about everything right now.
[52:42.720 --> 52:47.720] Well, the thing about it is what I know specifically is Texas law.
[52:47.720 --> 52:56.720] And I know that other states will be similar, but not always exactly the same, which is why you still have to do your own research.
[52:56.720 --> 53:04.720] What may be a requirement in certain instances in Texas may not be the requirement in California.
[53:04.720 --> 53:13.720] There will be things that are very similar and some that will be even exact, but not everything will be a match across the board.
[53:13.720 --> 53:18.720] So you have to look.
[53:18.720 --> 53:25.720] But all the things you're telling me that you say they're supposed to do, if you're saying they're supposed to do it,
[53:25.720 --> 53:33.720] then you found something in law that says that that's what they have to do, right?
[53:33.720 --> 53:36.720] As far as, I mean, what are we talking about at this point?
[53:36.720 --> 53:40.720] All the things we talked about up to this point.
[53:40.720 --> 53:44.720] What aspect of the story are you referring to?
[53:44.720 --> 53:50.720] The notices they didn't give you, the towing that they did without proper authorization and notice,
[53:50.720 --> 53:59.720] the conversion of the title over to their name so they could sell it at auction, those things.
[53:59.720 --> 54:08.720] Now, incidentally, I also wanted to bring to your attention that apparently the lean-style unit manager at the DMV does not have an oath to office.
[54:08.720 --> 54:10.720] Is that significant?
[54:10.720 --> 54:15.720] It depends on whether or not the position they occupy actually requires an oath.
[54:15.720 --> 54:22.720] Some government positions do not require that an oath be administered to the person that's entering into it.
[54:22.720 --> 54:28.720] The oath is normally required for supervisory officer-level positions.
[54:28.720 --> 54:36.720] Okay, if you read what it actually says, the ones that are overseeing all the other ones are the ones that are required to take the oath,
[54:36.720 --> 54:39.720] not usually the underlings.
[54:39.720 --> 54:43.720] Well, she's the manager.
[54:43.720 --> 54:46.720] The manager of what?
[54:46.720 --> 54:48.720] The lean-style unit.
[54:48.720 --> 54:53.720] Okay, but is the lean-style unit a state agency?
[54:53.720 --> 54:57.720] Or is it a private agency that contracts with the state?
[54:57.720 --> 55:05.720] It says GOV in her email address.
[55:05.720 --> 55:07.720] So what?
[55:07.720 --> 55:13.720] The fact that they use a government email address does not make them government.
[55:13.720 --> 55:23.720] It might make them a government contractor, but it doesn't mean that they're government.
[55:23.720 --> 55:26.720] You follow?
[55:26.720 --> 55:27.720] I follow.
[55:27.720 --> 55:34.720] It's just a little bit hard for me to keep my training thought when I'm continually interrupted.
[55:34.720 --> 55:38.720] Well, I'm sorry, but you're asking questions that I don't have a foundation for,
[55:38.720 --> 55:43.720] and I've got to establish it so I can completely understand what we're talking about.
[55:43.720 --> 55:48.720] You've got to remember, I'm not where you are, and I haven't looked at exactly what you've looked at.
[55:48.720 --> 55:49.720] I don't know what you've read.
[55:49.720 --> 55:51.720] I don't even know if you've read the right stuff.
[55:51.720 --> 55:56.720] I am trusting on what you've told me so far that the things you have read are accurate
[55:56.720 --> 55:59.720] and that they're the correct things to be read.
[55:59.720 --> 56:05.720] I haven't looked, so I'm having to base everything I have on the clarity of your question,
[56:05.720 --> 56:09.720] which I can only get by asking mine.
[56:09.720 --> 56:12.720] So I apologize if you feel interrupted,
[56:12.720 --> 56:17.720] but these are things that I've got to understand to answer you properly.
[56:17.720 --> 56:20.720] I haven't even gotten to my question.
[56:20.720 --> 56:25.720] Then let's get to that.
[56:25.720 --> 56:36.720] So, like I was saying before, I submitted lawful notifications to the guy that sold the car
[56:36.720 --> 56:43.720] to the tow company and to the DMV regarding all the crimes that they committed.
[56:43.720 --> 56:50.720] The deputy, the one that sold it, he's all the way up to Estoppel.
[56:50.720 --> 56:54.720] I sent him four notices and they haven't responded to anything.
[56:54.720 --> 57:04.720] So at this point, how do I proceed in taking them to court?
[57:04.720 --> 57:07.720] Well, it's going to be a civil tort.
[57:07.720 --> 57:12.720] So what are the rules and procedures for civil torts in the state of California?
[57:12.720 --> 57:13.720] Don't know.
[57:13.720 --> 57:16.720] Well, that's what your civil rules of procedure will tell you.
[57:16.720 --> 57:19.720] You need to find those and read them.
[57:19.720 --> 57:23.720] And then in order to learn how to write a proper complaint,
[57:23.720 --> 57:27.720] you need some education on how to file a lawsuit.
[57:27.720 --> 57:31.720] There's a program that the network has from Dr. Grace,
[57:31.720 --> 57:36.720] a 22-year attorney in civil litigation called Jurisdictionary
[57:36.720 --> 57:39.720] that'll teach you the basics of how to do any lawsuit.
[57:39.720 --> 57:43.720] What it won't teach you, however, is to properly sue and maintain a suit
[57:43.720 --> 57:45.720] against a governmental entity,
[57:45.720 --> 57:49.720] which is another reason why whether or not the woman you're discussing
[57:49.720 --> 57:56.720] from that unit is government or not.
[57:56.720 --> 57:57.720] Okay?
[57:57.720 --> 58:01.720] But the point here is that you've got to go by the rules of the state you're in
[58:01.720 --> 58:05.720] or wherever you're trying to file the suit if you've got standing to file it there.
[58:05.720 --> 58:09.720] So the California rules of civil procedure is where you start
[58:09.720 --> 58:12.720] and then you start looking up examples on how to write a lawsuit
[58:12.720 --> 58:14.720] against these types of entities,
[58:14.720 --> 58:17.720] which you're only going to be able to do on something like Pacer or Google Scholar
[58:17.720 --> 58:22.720] or if there's somebody you know with a legal office that handles this kind of work
[58:22.720 --> 58:33.720] like legal aid, for instance, that can show you how to do it.
[58:33.720 --> 58:37.720] Does that answer your question?
[58:37.720 --> 58:38.720] Yeah.
[58:38.720 --> 58:39.720] Okay.
[58:39.720 --> 58:40.720] All right. Thank you.
[58:40.720 --> 58:44.720] Yes, ma'am.
[58:44.720 --> 58:47.720] All right, folks, we're about to take the top of the hour break here.
[58:47.720 --> 59:14.720] So we will be back after this.
[59:17.720 --> 59:46.720] Thank you.
[59:46.720 --> 01:00:15.720] Thank you.
[01:00:15.720 --> 01:00:44.720] Thank you.
[01:00:44.720 --> 01:01:10.720] Thank you.
[01:01:10.720 --> 01:01:32.720] Thank you.
[01:01:32.720 --> 01:01:40.720] You may think our brains deteriorate with age, but new research shows that as brains get older, they actually work more efficiently.
[01:01:40.720 --> 01:02:06.720] Dr. Katherine Albrecht, back with new research on how aging makes the mind sharper after this.
[01:02:06.720 --> 01:02:11.720] Go to startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:02:15.720 --> 01:02:20.720] It's a widely held notion that the older people get, the more doddering they become,
[01:02:20.720 --> 01:02:25.720] but new research shows that even as our brains age, they can actually become more efficient.
[01:02:25.720 --> 01:02:32.720] Scientists ask two groups of volunteers, one age 18 to 35 and the other 55 to 75,
[01:02:32.720 --> 01:02:38.720] to associate different words with given topics. At one point, they told everyone they'd made a mistake.
[01:02:38.720 --> 01:02:42.720] When that happened, the younger group's brains lit up and lost focus,
[01:02:42.720 --> 01:02:47.720] but the older group's brains didn't even flinch, and they stayed focused on solving the next task.
[01:02:47.720 --> 01:02:50.720] The moral? There's something to be said for experience.
[01:02:50.720 --> 01:03:01.720] I'm Dr. Katherine Albrecht for startpage.com, the world's most private search engine.
[01:03:01.720 --> 01:03:12.720] We make our own whiskey and our own smoke, too. Ain't too many things these old boys can't do.
[01:03:12.720 --> 01:03:19.720] The growth of the old maters and the homemade wine, and the country boy can survive.
[01:03:19.720 --> 01:03:23.720] Country folks can survive.
[01:03:23.720 --> 01:03:31.720] All right, folks, we are back. This is rule of law radio caller number 5126461984.
[01:03:31.720 --> 01:03:36.720] All right. Now, let's see. Just think, yeah, there we go.
[01:03:36.720 --> 01:03:41.720] Okay. All right. I had a caller around the board, but it looks like he is now back.
[01:03:41.720 --> 01:03:44.720] Chris in Colorado, what can we do for you?
[01:03:44.720 --> 01:03:46.720] Oh, hey, Eddie.
[01:03:46.720 --> 01:03:48.720] Even? How are you?
[01:03:48.720 --> 01:03:52.720] I'm okay. Long day. Good to hear you on the radio.
[01:03:52.720 --> 01:03:58.720] Well, thank you. Glad to be here tonight. It's been very problematic on why I haven't been.
[01:03:58.720 --> 01:04:08.720] It's either been seasonal sinus conditions or hardware issues or internet issues or something of all of the above.
[01:04:08.720 --> 01:04:13.720] Cool. Well, I'm glad you're back and hope you're feeling better. Hope you sound pretty good.
[01:04:13.720 --> 01:04:15.720] Well, thanks.
[01:04:15.720 --> 01:04:25.720] Yeah. All right. So I just hope we have a quick one. I got a response from, well, there's an attorney made a parent in my case.
[01:04:25.720 --> 01:04:30.720] And they finally got the amended complaint. So now they have about two more weeks to answer it.
[01:04:30.720 --> 01:04:40.720] But he emailed me the other day and said, to remind me that we have a status report before the judge on the 14th, which I already know that.
[01:04:40.720 --> 01:04:49.720] But he's, to me, in the email, it's making it like he needs to take charge of this, which I don't know if that's just an arrogant thing.
[01:04:49.720 --> 01:04:58.720] But he said, for me to fill it out and send it to him for his own edits and modifications.
[01:04:58.720 --> 01:05:03.720] And then he says, I can make that make my changes and return it to you.
[01:05:03.720 --> 01:05:08.720] He's being kind of polite. He's saying, please advise that this works for you.
[01:05:08.720 --> 01:05:12.720] Should that be something I should be taking charge of since I'm the plaintiff?
[01:05:12.720 --> 01:05:16.720] Well, what are we specifically talking about taking charge of?
[01:05:16.720 --> 01:05:20.720] Well, we just need to get a joint status report for the judge.
[01:05:20.720 --> 01:05:26.720] And a status report in this instance means what?
[01:05:26.720 --> 01:05:33.720] So, oh, good question. So before Illinois and for the District Court of Illinois, they need to have, it's just a kind of an update for the judge.
[01:05:33.720 --> 01:05:38.720] But they do have some specifics in there as far as the parties positions.
[01:05:38.720 --> 01:05:42.720] Does this have to do with the mobile home on the land?
[01:05:42.720 --> 01:05:43.720] No, no, no, no.
[01:05:43.720 --> 01:05:46.720] Okay. So this is a different issue.
[01:05:46.720 --> 01:05:49.720] Yeah, yeah. This is my telling suit.
[01:05:49.720 --> 01:05:50.720] Oh, okay.
[01:05:50.720 --> 01:05:56.720] But yeah, yeah. So he, I have attached what I believe we need to do.
[01:05:56.720 --> 01:05:59.720] He says, please advise this works for you. You can return it within a few days.
[01:05:59.720 --> 01:06:05.720] And he's just also let me know if you have settlement finance so we could further discuss that section of the report.
[01:06:05.720 --> 01:06:14.720] So it seems pretty polite, but I just wanted to make sure I wasn't being as a pro say kind of backed into a corner in any way.
[01:06:14.720 --> 01:06:15.720] I've been very...
[01:06:15.720 --> 01:06:21.720] Well, when you say he says, write it down, send it to me for my edits, and I'll send it back, okay?
[01:06:21.720 --> 01:06:27.720] To me, it sounds like what he's doing is he's ensuring that you get to write it up the way you want.
[01:06:27.720 --> 01:06:36.720] But then he's going to make sure that everything you write comports itself with the legal language necessary to win.
[01:06:36.720 --> 01:06:40.720] Or at least that's my hope in how he's supporting you, okay?
[01:06:40.720 --> 01:06:47.720] Well, no, this is opposing counsel. This is the defendant, but the judge wants defendants and pros and plaintiffs.
[01:06:47.720 --> 01:06:51.720] Okay. So you're actually having to communicate with opposing counsel on this?
[01:06:51.720 --> 01:06:53.720] Yes.
[01:06:53.720 --> 01:07:03.720] Okay. So then what you're actually doing then is you're writing up what you believe the status of the individual elements of the case are?
[01:07:03.720 --> 01:07:06.720] Or the procedures or what?
[01:07:06.720 --> 01:07:12.720] The judge, the first one, I was going to look it up. It's so haggard, but you got me a little quick here.
[01:07:12.720 --> 01:07:26.720] It basically just says that where are you at in the case? What's your claims? What's defendant's counterclaims, et cetera, et cetera?
[01:07:26.720 --> 01:07:35.720] And then have you had a, have you had a, have you discussed settlement and do you want to magistrate, judge, things like that?
[01:07:35.720 --> 01:07:44.720] Oh, okay. So this, all right. So the status report in this case to set up all the terms and conditions of how this will proceed.
[01:07:44.720 --> 01:07:50.720] Right. And the positions of each party in a, in a very quick summation, less than two pages.
[01:07:50.720 --> 01:07:56.720] Okay. So what is, okay. Now that I got a handle on that, what is the specific question?
[01:07:56.720 --> 01:08:00.720] I mean, I understand that it's about the attorney and his approach to you.
[01:08:00.720 --> 01:08:09.720] When he says his edits, that just means he's got, since this is a request to the both of you about your positions of status on this,
[01:08:09.720 --> 01:08:18.720] that means the information is exchanged between the two of you and the court so that everybody's on the same page with who's asking for what and why.
[01:08:18.720 --> 01:08:19.720] Right?
[01:08:19.720 --> 01:08:21.720] I think that's correct, yeah.
[01:08:21.720 --> 01:08:29.720] Okay. So assuming that that is correct, he wants you to write up what it is you're claiming
[01:08:29.720 --> 01:08:38.720] and whether or not you're willing to settle based upon some monetary amount, some set of conditions in a money amount or any or all of the above.
[01:08:38.720 --> 01:08:40.720] Okay.
[01:08:40.720 --> 01:08:52.720] And then he's going to respond with what his counter claims are or his defense is and what he's going to ask for.
[01:08:52.720 --> 01:08:54.720] Okay.
[01:08:54.720 --> 01:08:58.720] What he will consider as a settlement.
[01:08:58.720 --> 01:09:13.720] And then how do you want these individual perspectives settled in a court and what kind of case in a bench trial, jury trial, et cetera, et cetera, et cetera.
[01:09:13.720 --> 01:09:14.720] Right?
[01:09:14.720 --> 01:09:15.720] Right.
[01:09:15.720 --> 01:09:17.720] Okay.
[01:09:17.720 --> 01:09:28.720] So basically, since you're acting as your own counsel here, he can be as arrogant as he wants because it doesn't affect you one way or the other.
[01:09:28.720 --> 01:09:33.720] If he was your attorney and acting arrogant about it, did not have an issue with what he's doing.
[01:09:33.720 --> 01:09:36.720] But, you know, he's opposing counsel.
[01:09:36.720 --> 01:09:39.720] That's exactly what he would normally act like anyway.
[01:09:39.720 --> 01:09:41.720] Yeah.
[01:09:41.720 --> 01:09:45.720] Okay.
[01:09:45.720 --> 01:09:47.720] Yeah, that all makes sense.
[01:09:47.720 --> 01:09:50.720] I tend to overreact just because I don't like lawyers.
[01:09:50.720 --> 01:09:52.720] I'm probably not alone.
[01:09:52.720 --> 01:09:54.720] You and me both, dude.
[01:09:54.720 --> 01:09:55.720] Yeah.
[01:09:55.720 --> 01:09:57.720] And they've always had a very arrogant...
[01:09:57.720 --> 01:10:07.720] If I had to save a school shooter or a lawyer from certain and sudden deaths, guess who lives?
[01:10:07.720 --> 01:10:10.720] I just had an argument with a lawyer today who I didn't know was a lawyer.
[01:10:10.720 --> 01:10:15.720] We went to an insurance meeting over another accident and I could not believe the incompetence.
[01:10:15.720 --> 01:10:18.720] I was calling this woman out on her incompetence and something to find out later on.
[01:10:18.720 --> 01:10:21.720] She was the acting counsel for the Department of Insurance.
[01:10:21.720 --> 01:10:23.720] I almost lost it.
[01:10:23.720 --> 01:10:25.720] Yeah, well...
[01:10:25.720 --> 01:10:31.720] How many different times do I have to say on this show that if you think the attorneys know and understand the law, you were sadly mistaken.
[01:10:31.720 --> 01:10:34.720] You're damn lucky if they understand the procedure.
[01:10:34.720 --> 01:10:37.720] Yep.
[01:10:37.720 --> 01:10:38.720] Yep.
[01:10:38.720 --> 01:10:40.720] Yep, anyway.
[01:10:40.720 --> 01:10:48.720] And it's never until they actually find themselves toe-to-toe, face-to-face in an argument with one of these people that they finally come to realize I am absolutely right.
[01:10:48.720 --> 01:10:50.720] Yep.
[01:10:50.720 --> 01:11:02.720] But when I can sit in a courtroom at a defendants' table, not saying a word and using nothing more than a pen and a pad, and have two full-blown attorneys at the other table,
[01:11:02.720 --> 01:11:10.720] ripping a book apart trying to respond to what I'm writing down for the guy to say that's the defendant,
[01:11:10.720 --> 01:11:14.720] you know they're not the best in the business.
[01:11:14.720 --> 01:11:16.720] Yeah.
[01:11:16.720 --> 01:11:19.720] Eddie, this woman tonight, sorry, I got a follow-up with her.
[01:11:19.720 --> 01:11:26.720] She actually told myself and my two friends I was trying to help legally that I am not allowed to help them in court.
[01:11:26.720 --> 01:11:29.720] They actually said that.
[01:11:29.720 --> 01:11:34.720] And...
[01:11:34.720 --> 01:11:38.720] Well, stupid is a stupid does, I reckon.
[01:11:38.720 --> 01:11:40.720] Yeah, yep.
[01:11:40.720 --> 01:11:42.720] Amazing.
[01:11:42.720 --> 01:11:48.720] Okay, well, I tend to be a little defensive and I just wanted to make sure he wasn't preemptively trying to take charge of the situation.
[01:11:48.720 --> 01:11:50.720] I just wanted to make sure that I wasn't...
[01:11:50.720 --> 01:11:56.720] No, it sounds to me like based upon what you're saying is in the document and what it's asking, he's doing exactly what he's supposed to,
[01:11:56.720 --> 01:12:03.720] though he is making you go first, which isn't necessarily in your best interest,
[01:12:03.720 --> 01:12:11.720] because you're going to lay out everything you want and then he's going to lay out everything in response.
[01:12:11.720 --> 01:12:21.720] And then the question is, can you change what you wrote based upon his responses and then send him a new update
[01:12:21.720 --> 01:12:28.720] and get it hashed out until you're both satisfied with it and then send it to the judge or if you only get one pass at it?
[01:12:28.720 --> 01:12:33.720] Well, what I'm not clear is who the hell presents this to the judge?
[01:12:33.720 --> 01:12:35.720] Do I present it? Do I present it to the court?
[01:12:35.720 --> 01:12:38.720] Because on the plaintiff, does he present it to the court because he's the defendant?
[01:12:38.720 --> 01:12:42.720] I'm sure I would be proactive and present it whether he did or not.
[01:12:42.720 --> 01:12:48.720] If both of you present it and it's different, then the court won't take an issue with that.
[01:12:48.720 --> 01:12:56.720] If both of you present exactly the same thing, then at least neither one of you can say that the ball was dropped.
[01:12:56.720 --> 01:13:01.720] I wouldn't care whose responsibility it is. I would do it anyway.
[01:13:01.720 --> 01:13:11.720] Well, I will, but we're allowed to do it separately only if the opposing counsel or the plaintiff, in my case, is just unreasonable and you can't get it.
[01:13:11.720 --> 01:13:13.720] You can't get any sort of agreement, right?
[01:13:13.720 --> 01:13:15.720] Right.
[01:13:15.720 --> 01:13:27.720] And that's okay, but I mean, I would do it the way he's asking to do it precisely so I can see what he's going to say.
[01:13:27.720 --> 01:13:36.720] But take what he says with a grain of salt because it could be baiting you to take a lead that he doesn't really intend to follow and thus sidetrack you.
[01:13:36.720 --> 01:13:39.720] Yeah, well, that's a concern, yeah.
[01:13:39.720 --> 01:13:45.720] Okay, but at least you'll have some insight into where he's thinking about things.
[01:13:45.720 --> 01:13:49.720] Okay, I'll just ask him straight up in an email, you know.
[01:13:49.720 --> 01:14:02.720] Well, the thing is, if both of you have to fill out this status report anyway, it'll all be right there because once it gets filed in the court, then he's stuck with whatever he said.
[01:14:02.720 --> 01:14:13.720] And how much latitude he's got to change it is going to depend entirely on what the law is surrounding the subject.
[01:14:13.720 --> 01:14:16.720] Okay.
[01:14:16.720 --> 01:14:17.720] Okay.
[01:14:17.720 --> 01:14:24.720] All right, well, I'll call it a bluff and I'll take a cautious approach.
[01:14:24.720 --> 01:14:32.720] Yeah, do yours, send it to him, make sure you inform him that when he does his, you want to see it before it's filed.
[01:14:32.720 --> 01:14:39.720] That way you can address any additional things and then send it back to him and say, hey, I read what you put in.
[01:14:39.720 --> 01:14:46.720] Based upon that, I felt necessary to amend the document from my perspective somewhat to the following things.
[01:14:46.720 --> 01:14:49.720] And here's the new version and send it back to him.
[01:14:49.720 --> 01:14:53.720] And y'all do that till you're both happy with it and send it in.
[01:14:53.720 --> 01:14:54.720] Okay.
[01:14:54.720 --> 01:14:55.720] Okay.
[01:14:55.720 --> 01:14:57.720] I can do that.
[01:14:57.720 --> 01:14:58.720] Okay.
[01:14:58.720 --> 01:14:59.720] Awesome.
[01:14:59.720 --> 01:15:00.720] All right.
[01:15:00.720 --> 01:15:01.720] Thank you for the pep talk.
[01:15:01.720 --> 01:15:02.720] Once again, I appreciate it.
[01:15:02.720 --> 01:15:03.720] Yes, sir.
[01:15:03.720 --> 01:15:04.720] Not a problem.
[01:15:04.720 --> 01:15:05.720] Good luck.
[01:15:05.720 --> 01:15:06.720] Okay.
[01:15:06.720 --> 01:15:07.720] Thank you.
[01:15:07.720 --> 01:15:08.720] All right.
[01:15:08.720 --> 01:15:09.720] Bye-bye.
[01:15:09.720 --> 01:15:10.720] All right.
[01:15:10.720 --> 01:15:12.720] Next up, we have Eric in California.
[01:15:12.720 --> 01:15:13.720] Eric, I have.
[01:15:13.720 --> 01:15:14.720] Hang on.
[01:15:14.720 --> 01:15:15.720] All right.
[01:15:15.720 --> 01:15:20.720] I've got them less than a minute or two minutes before the next break and then we'll continue from there.
[01:15:20.720 --> 01:15:23.720] Trevor, what do you got to get started with?
[01:15:23.720 --> 01:15:29.720] So not so much a question, but the lady that called in from California earlier with the car that got towed.
[01:15:29.720 --> 01:15:30.720] Right.
[01:15:30.720 --> 01:15:35.720] I've listened to you in the past and it's my understanding from what I've read in California law and the penal code.
[01:15:35.720 --> 01:15:42.720] The only way they can take your property is with a warrant or if they see this for criminal evidence and a crime.
[01:15:42.720 --> 01:15:45.720] I don't know if you want to speak to that, but.
[01:15:45.720 --> 01:15:58.720] I absolutely agree, except we both know that there are specific laws and even in the state of California that allows them to tow vehicles under certain conditions, such as a danger to the public.
[01:15:58.720 --> 01:16:02.720] A vehicle sitting in the middle of an interstate is not going to help anybody.
[01:16:02.720 --> 01:16:04.720] Right.
[01:16:04.720 --> 01:16:06.720] So they could legally tow such a vehicle without a warrant.
[01:16:06.720 --> 01:16:08.720] Doesn't matter whether it's wrecked or not.
[01:16:08.720 --> 01:16:10.720] It's blocking traffic on the freeway.
[01:16:10.720 --> 01:16:12.720] They could move it.
[01:16:12.720 --> 01:16:15.720] And they're not going to just move it and put it on the side of the road.
[01:16:15.720 --> 01:16:17.720] They're going to take it and impound it.
[01:16:17.720 --> 01:16:21.720] So we know there's laws that are going to cover them in that respect.
[01:16:21.720 --> 01:16:24.720] Otherwise, I agree you're absolutely right.
[01:16:24.720 --> 01:16:40.720] The question for her is going to be what do those laws legally authorized them to do with the property over what period of time and with what notification to the owner over that period of time?
[01:16:40.720 --> 01:16:41.720] Okay.
[01:16:41.720 --> 01:16:42.720] All right.
[01:16:42.720 --> 01:16:43.720] Yeah.
[01:16:43.720 --> 01:16:45.720] What about towing it from private property, though?
[01:16:45.720 --> 01:16:55.720] Well, therein is why she said that according to what she read, they were required to get permission of the property owner who would have been able to say it's been here X number of days and I want it gone.
[01:16:55.720 --> 01:16:56.720] Hang on just a second.
[01:16:56.720 --> 01:16:58.720] Let me get this break.
[01:16:58.720 --> 01:17:04.720] Are you wondering what this world is coming to and why God isn't stopping it?
[01:17:04.720 --> 01:17:15.720] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and guests study God's Word to find these answers and more.
[01:17:15.720 --> 01:17:24.720] Join us for both verse by verse Bible studies and topical Bible studies designed to explain God's plan as well as to provoke unto love and good works.
[01:17:24.720 --> 01:17:34.720] Our first-hour studies are in the book of Matthew. Our second-hour topics vary each week, exploring sound doctrine as well as Christian character development.
[01:17:34.720 --> 01:17:37.720] Our goal is in accord with Matthew 5.16.
[01:17:37.720 --> 01:17:43.720] Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
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[01:17:48.720 --> 01:17:58.720] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. for an inspiring and motivating study of the Scriptures.
[01:18:19.720 --> 01:18:28.720] What to do when contacted by phone, mail, or court summons? How to answer letters and phone calls? How to get debt collectors out of your credit report?
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[01:18:33.720 --> 01:18:40.720] The Michael Mirris Proven Method is the solution for how to stop debt collectors. Personal consultation is available as well.
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[01:19:20.720 --> 01:19:24.720] Alright folks, we are back for the last segment of our show tonight.
[01:19:24.720 --> 01:19:28.720] Oh, I'm sorry, not the last segment. I'm getting way ahead of myself here.
[01:19:28.720 --> 01:19:36.720] Hey, I got more time than I thought. Great. Alright. Let's get back to Eric then. Alright Eric, continue.
[01:19:36.720 --> 01:19:39.720] Um, so that was it. I just wanted to say that.
[01:19:39.720 --> 01:19:45.720] Okay, yeah. I agree with you in every respect except for when it comes to actual towing.
[01:19:45.720 --> 01:19:51.720] There are going to be certain exceptions and those exceptions are legitimate based upon their purpose.
[01:19:51.720 --> 01:20:03.720] And in this case, that would be public safety. Now, as to your issue of private property, if it's the owner's private property, then you are absolutely 100% correct.
[01:20:03.720 --> 01:20:19.720] Okay, however, if it's parked on a third party's private property and the third party didn't give permission or has now reached a point where they're like, this has been here for too long and it's causing me problems and I want it gone,
[01:20:19.720 --> 01:20:25.720] they can authorize the governmental agency to remove it.
[01:20:25.720 --> 01:20:28.720] And they don't need a warrant for that.
[01:20:28.720 --> 01:20:36.720] They just needed a signed request by the actual owner of the property upon which it's parked.
[01:20:36.720 --> 01:20:44.720] That makes sense. Have you heard anything about the mileage tax that's coming, at least to California? I don't know if you've got it in Texas.
[01:20:44.720 --> 01:20:51.720] It would still only apply to motor vehicles, i.e. those in commerce that wouldn't apply one bit to anybody else.
[01:20:51.720 --> 01:20:57.720] Okay.
[01:20:57.720 --> 01:21:04.720] All right, that's it for me. I just had that quick little comment and thanks for doing the show.
[01:21:04.720 --> 01:21:06.720] All right. Thank you for calling in.
[01:21:06.720 --> 01:21:07.720] All right. Have a good night.
[01:21:07.720 --> 01:21:08.720] Bye-bye.
[01:21:08.720 --> 01:21:12.720] You too. Bye-bye.
[01:21:12.720 --> 01:21:18.720] All right. Now we have, looks like, James in Arkansas. James or is this Alaska?
[01:21:18.720 --> 01:21:20.720] Hey, hey, Alaska.
[01:21:20.720 --> 01:21:23.720] Alaska. All right. What can we do for you?
[01:21:23.720 --> 01:21:31.720] Maybe I was listening to you talking about that jurisdiction area that would be useful in civil situations.
[01:21:31.720 --> 01:21:36.720] What about when you're talking about keeping a government agent on the hook?
[01:21:36.720 --> 01:21:41.720] Is there any kind of a jurisdiction area for that?
[01:21:41.720 --> 01:21:52.720] No. Unless he's updated it and I don't know about it, there is nothing in jurisdiction area that will do you a real service when it comes to
[01:21:52.720 --> 01:21:57.720] governmental entity of any kind or off personnel therein.
[01:21:57.720 --> 01:22:06.720] Because there's nothing, absolutely nothing in jurisdiction area that deals with addressing a 12B6 motion to dismiss
[01:22:06.720 --> 01:22:13.720] or dealing with a case that's going to be dismissed based upon some presumption of qualified immunity.
[01:22:13.720 --> 01:22:16.720] There's nothing in jurisdiction area that deals with that.
[01:22:16.720 --> 01:22:24.720] I remember when Robert Graves had that show on, I think it was on this channel.
[01:22:24.720 --> 01:22:27.720] Yeah. He used to do a show here on the network.
[01:22:27.720 --> 01:22:32.720] Yeah. He did not even want to talk about criminal stuff at all.
[01:22:32.720 --> 01:22:36.720] Yeah. No. He was a civil attorney and that's fine.
[01:22:36.720 --> 01:22:49.720] I actually called into his show several times over the years to ask him questions and point things out to him about law that he admittedly didn't know existed.
[01:22:49.720 --> 01:23:02.720] Like here in Texas where the Texas Legislative Drafting Manual specifically says that person is intentionally giving a fictitious meaning.
[01:23:02.720 --> 01:23:07.720] And he didn't know anything about that.
[01:23:07.720 --> 01:23:19.720] But here in Texas, the Legislative Drafting Manual and the statutes under chapters 311 and 312 specifically define person as corporate entities and nothing else.
[01:23:19.720 --> 01:23:31.720] And only where a local statute specifically defines person to include the term individual does it ever leave the realm of just legal entities.
[01:23:31.720 --> 01:23:34.720] Gotcha.
[01:23:34.720 --> 01:23:49.720] But even in that regard, because those legal entities are still in that list, there must be some sort of class relationship between individual and the legal entities that are listed alongside it.
[01:23:49.720 --> 01:23:59.720] And the only way that class can be reconciled is if the individual is actually acting as an agent of one of these kinds of legal entities.
[01:23:59.720 --> 01:24:10.720] That's the only way to reconcile natural person, i.e. individual or where it actually says natural person with legal entities under statute.
[01:24:10.720 --> 01:24:16.720] There's no other way that makes any sense according to their own rules of statutory interpretation and construction.
[01:24:16.720 --> 01:24:19.720] The corporation, right?
[01:24:19.720 --> 01:24:20.720] Yeah.
[01:24:20.720 --> 01:24:21.720] Well, yeah, he was.
[01:24:21.720 --> 01:24:31.720] It's more accurate to say a legal entity, which normally is nothing but corporations, because they are completely fictions of law.
[01:24:31.720 --> 01:24:36.720] But a legal entity can be anything that does not physically exist.
[01:24:36.720 --> 01:24:40.720] And it doesn't have to be a corporation for that to be the case.
[01:24:40.720 --> 01:24:43.720] Ah, you mean like the United States of America?
[01:24:43.720 --> 01:24:45.720] Exactly.
[01:24:45.720 --> 01:24:51.720] Yeah, if you get sued by them, ask to face your accuser, United States of America.
[01:24:51.720 --> 01:24:52.720] What do you think?
[01:24:52.720 --> 01:24:59.720] Well, that don't work because here you're faced by the state of Texas and you have exactly the same problem and they still won't respond to it.
[01:24:59.720 --> 01:25:14.720] They will say that you are facing the individual who is acting as an agent thereof who made the accusation, which will usually be the cop or whatever other government employee is actually signed to complaint or made the allegation.
[01:25:14.720 --> 01:25:17.720] Wouldn't he have actually had to suffer some damage in order to...
[01:25:17.720 --> 01:25:19.720] In a civil suit, yeah.
[01:25:19.720 --> 01:25:21.720] But in a criminal action, no.
[01:25:21.720 --> 01:25:28.720] The question there becomes whether or not it's a malimprohibitum crime or a malamense crime.
[01:25:28.720 --> 01:25:31.720] Most of them are malimprohibitum.
[01:25:31.720 --> 01:25:32.720] Yes, I agree.
[01:25:32.720 --> 01:25:33.720] Most of them are.
[01:25:33.720 --> 01:25:47.720] But that's where we have to distinguish between regulatory statutes that are private law for particular persons versus public law under a penal code that's generally applicable across the board to anyone.
[01:25:47.720 --> 01:25:48.720] Right.
[01:25:48.720 --> 01:25:55.720] Well, now would you agree that most governmental agencies are agencies of the federal government?
[01:25:55.720 --> 01:25:59.720] No.
[01:25:59.720 --> 01:26:02.720] Federal government agencies are agencies.
[01:26:02.720 --> 01:26:03.720] Federal...
[01:26:03.720 --> 01:26:04.720] Correct.
[01:26:04.720 --> 01:26:08.720] Federal agencies are under the federal government, but state agencies aren't.
[01:26:08.720 --> 01:26:17.720] State agencies may receive certain benefits and other things from the federal government, but they are not a de facto or disjure federal agency.
[01:26:17.720 --> 01:26:18.720] Right.
[01:26:18.720 --> 01:26:19.720] Yeah.
[01:26:19.720 --> 01:26:41.720] I'm dealing with people with agencies as listed out in the Federal Register Act and the Administrative Procedures Act, because the way I understand it, the only way an agency can interact with the public is through the federal register.
[01:26:41.720 --> 01:26:42.720] No.
[01:26:42.720 --> 01:26:43.720] Is that taken?
[01:26:43.720 --> 01:26:45.720] No.
[01:26:45.720 --> 01:26:54.720] The law that allows them to do the interaction is required to be entered in the federal register, but the federal register is not a law in and of itself.
[01:26:54.720 --> 01:26:56.720] It has nothing to do with the interaction.
[01:26:56.720 --> 01:27:00.720] The acts of Congress in what has to do with the interaction.
[01:27:00.720 --> 01:27:10.720] It's whether or not the act is valid according to its requirement to be listed within the federal register that makes it valid or not valid.
[01:27:10.720 --> 01:27:11.720] Right.
[01:27:11.720 --> 01:27:15.720] If it's not listed in the federal register, it has no effect on the general public.
[01:27:15.720 --> 01:27:18.720] According to the Federal Registry Act, you are correct.
[01:27:18.720 --> 01:27:22.720] According to the federal courts, they don't give a crap.
[01:27:22.720 --> 01:27:23.720] Yeah.
[01:27:23.720 --> 01:27:24.720] I wonder how you could force...
[01:27:24.720 --> 01:27:27.720] Because that is exactly the problem with Title 26.
[01:27:27.720 --> 01:27:31.720] Title 26 does not exist in the federal register.
[01:27:31.720 --> 01:27:41.720] Well, it does, but it's all 301 rinks for intra-revenants stuff, like seizure property and all that stuff.
[01:27:41.720 --> 01:27:42.720] 301.
[01:27:42.720 --> 01:27:43.720] You look it up.
[01:27:43.720 --> 01:27:48.720] 26 CFR 301.
[01:27:48.720 --> 01:27:50.720] CFR is not law.
[01:27:50.720 --> 01:27:55.720] Well, that's the code of federal regulations.
[01:27:55.720 --> 01:28:00.720] I know that, and the word regulations tells you it's not the law.
[01:28:00.720 --> 01:28:03.720] Those are the ones that you're using to...
[01:28:03.720 --> 01:28:05.720] USC.
[01:28:05.720 --> 01:28:12.720] The USC is what must be listed in the federal register, not the CFR.
[01:28:12.720 --> 01:28:18.720] I know, but they're not listed in the federal register.
[01:28:18.720 --> 01:28:21.720] Nothing in Title 26...
[01:28:21.720 --> 01:28:27.720] I just said that, and then you went off on this issue about the CFR, and I'm like, it doesn't matter.
[01:28:27.720 --> 01:28:31.720] The CFR isn't supposed to be in there.
[01:28:31.720 --> 01:28:32.720] Well, yes, it is.
[01:28:32.720 --> 01:28:38.720] That's how the government agencies interact with the public.
[01:28:38.720 --> 01:28:43.720] The regulations are the implementation of the federal law from the USC.
[01:28:43.720 --> 01:28:44.720] Okay?
[01:28:44.720 --> 01:28:54.720] It's the federal law that's required to be on the books in the register based upon what my understanding of the federal register act is.
[01:28:54.720 --> 01:29:01.720] The CFR being the intermediary regulations that implements the federal law,
[01:29:01.720 --> 01:29:06.720] Kent is not supposed to go outside of the bounds of the law itself.
[01:29:06.720 --> 01:29:14.720] Hence, it would be a redundancy to put both the CFR and the USC in the federal register.
[01:29:14.720 --> 01:29:29.720] Correct, but the only reason, the only avenue that the federal agencies are supposed to deal with the public is through the federal register and the codified federal regulations.
[01:29:29.720 --> 01:29:36.720] Okay, we're going to have to determine what public means in this context.
[01:29:36.720 --> 01:29:44.720] Because I guarantee you that public does not mean the general public meaning the people within the boundaries of the several states of the union.
[01:29:44.720 --> 01:29:54.720] It means a specific class of persons engaged in some activity over which the federal government has a legitimate authority to act.
[01:29:54.720 --> 01:29:57.720] Something to the jurisdiction thereof, huh?
[01:29:57.720 --> 01:29:59.720] Correct.
[01:29:59.720 --> 01:30:07.720] It seems like everywhere you turn nowadays, someone wants your name, social security number and date of birth, but you should think twice before giving away your personal data.
[01:30:07.720 --> 01:30:11.720] I'm Dr. Catherine Albrecht and I'll say more in just a moment.
[01:30:11.720 --> 01:30:18.720] Google is watching you, recording everything you've ever searched for and creating a massive database of your personal information.
[01:30:18.720 --> 01:30:19.720] That's creepy.
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[01:30:38.720 --> 01:30:41.720] StartPage.com, the world's most private search engine.
[01:30:41.720 --> 01:30:44.720] Forms, forms, forms, they're everywhere.
[01:30:44.720 --> 01:30:48.720] But just because a piece of paper asks for information doesn't mean you have to give it.
[01:30:48.720 --> 01:30:55.720] I leave blank spaces on forms all the time or I write N slash A for not applicable and usually nobody notices or cares.
[01:30:55.720 --> 01:31:02.720] I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement.
[01:31:02.720 --> 01:31:07.720] And I won't give my phone number to a company or an organization unless I actually want them to call me.
[01:31:07.720 --> 01:31:08.720] And that's pretty rare.
[01:31:08.720 --> 01:31:13.720] To preserve our vanishing privacy, we need to practice saying no to random data requests.
[01:31:13.720 --> 01:31:17.720] It's like exercising a muscle. It gets easier the more you do it.
[01:31:17.720 --> 01:31:22.720] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:47.720 --> 01:31:52.720] 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[01:31:52.720 --> 01:31:55.720] Bring justice to my son, my uncle, my nephew, my son.
[01:31:55.720 --> 01:31:57.720] Go to buildingwatch.org.
[01:31:57.720 --> 01:32:19.720] Why it's so, why it matters is what you can do.
[01:32:27.720 --> 01:32:35.720] Dr. Albrecht, in conjunction with Rule Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
[01:32:35.720 --> 01:32:41.720] You can get your own copy of this invaluable material by going to rulelawradio.com and ordering your copy today.
[01:32:41.720 --> 01:32:48.720] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie, video and audio of the original 2009 seminar.
[01:32:48.720 --> 01:32:51.720] Hundreds of research documents and other useful resource material.
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[01:32:55.720 --> 01:33:04.720] To get your copy today and together, we can have the first society we all want and deserve.
[01:33:04.720 --> 01:33:33.720] Thank you for listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:35.720 --> 01:33:45.720] All right, folks, we are back. This is Rule of Law Radio. Call it number 512-646-1984 and we are still talking with James in Alaska.
[01:33:45.720 --> 01:33:47.720] All right, James, let's continue.
[01:33:47.720 --> 01:33:53.720] All right. Have you read the Federal Register Act and the APA?
[01:33:53.720 --> 01:33:59.720] I haven't read it in several years. I read it a long time ago, but I haven't read it recently.
[01:33:59.720 --> 01:34:02.720] I just dropped a copy of them into your...
[01:34:02.720 --> 01:34:05.720] Yeah, I saw that.
[01:34:05.720 --> 01:34:13.720] I was going to see if you could open that thing up and we could look at the second page on the...
[01:34:13.720 --> 01:34:15.720] Under 49 or 60.
[01:34:15.720 --> 01:34:22.720] 49 steps, 500 to 503.
[01:34:22.720 --> 01:34:33.720] Well, let me see if... I wasn't planning on downloading this just yet. I prefer to go through a lot of procedures before I download a file, but hang on just a second.
[01:34:33.720 --> 01:34:36.720] All right, what are we looking at?
[01:34:36.720 --> 01:34:43.720] Second page. It defines documents.
[01:34:43.720 --> 01:34:48.720] Section 4, it's all highlighted there. You can see it.
[01:34:48.720 --> 01:34:53.720] You can see Federal Register highlighted under Section 3 and then Section 4.
[01:34:53.720 --> 01:35:10.720] As used in this act unless the context otherwise requires the term document means any presidential proclamation or executive order and any order, regulation, rules, certificate, code of fair competition, license notice, or similar instrument issued prescribed or promulgated by a federal agency.
[01:35:10.720 --> 01:35:27.720] The terms federal agency or agency mean the president of the United States or any executive department, independent board, establishment bureau, agency, institution, commission, or separate office of the administrative branch of the government of the United States, but not the legislative or judicial branches of the government.
[01:35:27.720 --> 01:35:33.720] And the term person means any individual partnership, association, or corporation.
[01:35:33.720 --> 01:35:50.720] Okay, Section 5, there shall be published in the Federal Register all presidential proclamation and executive orders except as have no general applicability and no legal effect or effective only against federal agencies or persons in their capacity as officers, agents, or employees thereof.
[01:35:50.720 --> 01:36:01.720] Well, if this is accurate, then all we have to do to invalidate Biden's vaccine mandate is to see whether or not that executive order exists in the Federal Register.
[01:36:01.720 --> 01:36:13.720] Because if it does, then it tells you right there that it can have no general applicability and no legal effect outside of federal agencies or persons.
[01:36:13.720 --> 01:36:19.720] Exactly like 26 USC-6331.
[01:36:19.720 --> 01:36:48.720] Okay, now such documents or classes of documents as the president shall determine from time to time have general applicability and legal effect, and three such documents or classes of documents as may be provided so to be published by act of the Congress, provided that for the purposes of this act, every document or order shall prescribe a penalty, which shall prescribe a penalty shall be deemed to have general applicability and legal effect.
[01:36:48.720 --> 01:36:58.720] Okay, a presumption of legal, of general applicability and legal effect is not proof of general applicability and legal effect, however.
[01:36:58.720 --> 01:37:10.720] Exactly, and that's listed actually someplace else might be in the APA, but now go down to page three and look at Section 7.
[01:37:10.720 --> 01:37:28.720] The actual document required in Section 5A to be published in the Federal Register shall be valid as against any person who has not had actual knowledge thereof, until the duplicate originals or certified copies of the document shall have been filed with a division and a copy made available for public inspection as provided in Section 2.
[01:37:28.720 --> 01:37:39.720] Okay, so now it says that it can't affect the general public until it's published, correct?
[01:37:39.720 --> 01:37:56.720] And unless otherwise specifically provided by statute, such filing of any document required or authorized to be published under Section 5 shall, accepting cases were noticed by publication as insufficient in law, be sufficient to give notice of the contents of such document to any person subject there to or affected thereby.
[01:37:56.720 --> 01:38:22.720] The publication in the Federal Register of any document shall create a rebuttable presumption, A, that it was duly issued prescribed or promulgated, B, that it was duly filed with a division and made available for public inspection at the day and hour stated in the printed notation, C, that the copy contained in the Federal Register is a true copy of the original and D, that all requirements of this act and the regulations prescribed here under relative to such document have been complied with.
[01:38:22.720 --> 01:38:27.720] Yeah, the content.
[01:38:27.720 --> 01:38:39.720] That is where the APA comes in, the Administrative Procedures Act. Actually, that's probably the only two acts that I think that FDR did that I have any thankfulness for.
[01:38:39.720 --> 01:39:02.720] Okay, but that next one is good. Contents of the Federal Register shall be judicially noticed and without prejudice to any other motivation may be cited by volume and page numbers. So you don't even have to, I mean, just judicially notice, they got to take notice of these things.
[01:39:02.720 --> 01:39:05.720] Yeah, except for when they don't.
[01:39:05.720 --> 01:39:08.720] And we watched them not do it.
[01:39:08.720 --> 01:39:11.720] Judicially notice stuff that's in the Federal Register?
[01:39:11.720 --> 01:39:15.720] Mm-hmm.
[01:39:15.720 --> 01:39:20.720] I've seen it done and they just ignore it. I don't care.
[01:39:20.720 --> 01:39:22.720] That's what they say, huh?
[01:39:22.720 --> 01:39:23.720] Yep.
[01:39:23.720 --> 01:39:27.720] And that's in the first level court that you go to or is that in appeal?
[01:39:27.720 --> 01:39:34.720] Well, when it comes to the Federal Register, you're talking the first level of court is a federal court, a federal district court.
[01:39:34.720 --> 01:39:36.720] Right.
[01:39:36.720 --> 01:39:44.720] I mean, is that happened probably in the Federal District Court? Was it ever taken up to on appeal to the like the circuit?
[01:39:44.720 --> 01:39:48.720] I don't know. It wasn't my case. I was just there when it happened.
[01:39:48.720 --> 01:39:55.720] Ah, okay. You don't know if the guy objected or...
[01:39:55.720 --> 01:40:02.720] Well, of course they objected. Like I said, there was a big argument over it to which the judge finally said, I don't care.
[01:40:02.720 --> 01:40:07.720] Now, whether or not the person appealed after that, I do not know.
[01:40:07.720 --> 01:40:12.720] It's like that would be a judicial complaint material right there.
[01:40:12.720 --> 01:40:21.720] Yeah. If there was anything at the federal level that allowed you to get any meaningful reaction from doing that, it would have...
[01:40:21.720 --> 01:40:26.720] It should have been a move for an immediate recusal or disqualification.
[01:40:26.720 --> 01:40:28.720] Absolutely.
[01:40:28.720 --> 01:40:34.720] That's the judge refusing to apply the law to the facts, except for one problem.
[01:40:34.720 --> 01:40:39.720] Is the CFR actually law or is it just another set of regulations?
[01:40:39.720 --> 01:40:42.720] It's a register of regulations, right?
[01:40:42.720 --> 01:40:49.720] It's a register of regulations that are required to be followed by the agency interaction with the public.
[01:40:49.720 --> 01:40:52.720] Oh, you should talk about public...
[01:40:52.720 --> 01:40:58.720] No, I was just saying we have to see how the act defines public.
[01:40:58.720 --> 01:41:02.720] Somewhere there's going to be a definition for the term public.
[01:41:02.720 --> 01:41:08.720] There's also going to be a definition for state and there's going to be a definition for United States.
[01:41:08.720 --> 01:41:09.720] Okay.
[01:41:09.720 --> 01:41:19.720] And I highly recommend you find them because those three terms all by themselves can make a huge world of difference in how to actually read this stuff.
[01:41:19.720 --> 01:41:24.720] It's talking about the... It never does say the public.
[01:41:24.720 --> 01:41:29.720] I don't think I can see it in here, but what it's talking about is the...
[01:41:29.720 --> 01:41:31.720] General applicability.
[01:41:31.720 --> 01:41:40.720] Yeah, well, no document required shall be valid against any person who has not had actual knowledge of it.
[01:41:40.720 --> 01:41:42.720] Now, the only way that you would have...
[01:41:42.720 --> 01:41:45.720] I don't know. That's not all of it.
[01:41:45.720 --> 01:41:52.720] There are conditions that follow that. You can't stop right there and say that's what it says because it isn't.
[01:41:52.720 --> 01:41:53.720] I read it.
[01:41:53.720 --> 01:41:58.720] I thought the same way as you did, but that's a moot point.
[01:41:58.720 --> 01:42:04.720] The problem is it's got to be filed. I don't care if the duplicates or originals have been filed.
[01:42:04.720 --> 01:42:08.720] I want to know that it's filed. It has to be filed.
[01:42:08.720 --> 01:42:14.720] It has to be in there for it to have general applicability and legal effect.
[01:42:14.720 --> 01:42:20.720] But the question is, what does general applicability mean?
[01:42:20.720 --> 01:42:27.720] Where is it effective? Over whom does it grant an authority?
[01:42:27.720 --> 01:42:38.720] Because there is no authority within the United States Constitution granting the federal government direct power over the people of the several states of the Union.
[01:42:38.720 --> 01:42:40.720] Exactly.
[01:42:40.720 --> 01:42:46.720] So the only agency you have to deal with the public is through the federal register.
[01:42:46.720 --> 01:42:52.720] Well, again, you keep saying public, but we haven't determined what public actually encompasses.
[01:42:52.720 --> 01:42:58.720] Public in this regard could simply mean all federal agencies.
[01:42:58.720 --> 01:43:08.720] So then if that's the case, then nothing that they published anywhere would have any application to anybody.
[01:43:08.720 --> 01:43:13.720] It doesn't comport itself with the 18 enumerated powers specifically driven by the Constitution.
[01:43:13.720 --> 01:43:22.720] You're absolutely correct, except in the places where Congress has exclusive legislative authority, such as Washington, D.C.
[01:43:22.720 --> 01:43:32.720] and all federal enclaves, protectorates, territories, and so on, but not within the several contiguous or non-contiguous states of the Union.
[01:43:32.720 --> 01:43:39.720] So you've actually seen them not take judicial notice of any publication in the federal register?
[01:43:39.720 --> 01:43:41.720] Yes.
[01:43:41.720 --> 01:43:43.720] Specifically?
[01:43:43.720 --> 01:43:46.720] Specifically the Fifth Circuit here in Austin didn't do it.
[01:43:46.720 --> 01:43:51.720] Which federal register entry did they not recognize?
[01:43:51.720 --> 01:43:55.720] I do not know. I wasn't paying that close of attention. Hang on just a second.
[01:43:55.720 --> 01:43:57.720] All right.
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[01:46:00.720 --> 01:46:16.720] Alright folks, we are back. This is the last segment of the show this time. I am not mistaken.
[01:46:16.720 --> 01:46:18.720] So, let's see if we can get this wrapped up.
[01:46:18.720 --> 01:46:21.720] Alright James, here's the way I'm going to look at this.
[01:46:21.720 --> 01:46:26.720] You need to find the definitions for chapter 4-17.
[01:46:26.720 --> 01:46:34.720] Okay, till you have those definitions, there's no way you're going to fully understand everything it's talking about within chapter 4-17.
[01:46:34.720 --> 01:46:37.720] Plain and simple, straight up.
[01:46:37.720 --> 01:46:40.720] 4-17 being...
[01:46:40.720 --> 01:46:49.720] That's the Federal Register Act. Chapter 4-17 of that session law that you're looking at, there's got to be a definition section for that chapter. Find it.
[01:46:49.720 --> 01:46:51.720] Where would you think that would be?
[01:46:51.720 --> 01:46:56.720] Well, normally Federal law always lists the definitions at the end instead of the beginning.
[01:46:56.720 --> 01:47:06.720] There also may be a general section of definitions that are used to cover the entire session law, not just that chapter.
[01:47:06.720 --> 01:47:10.720] So, you may have to look through the entire set of acts to find it.
[01:47:10.720 --> 01:47:12.720] Oh my gosh.
[01:47:12.720 --> 01:47:22.720] Exactly. But this is how the federal government does law so that people can't actually find what they need to understand it, 99% of the time.
[01:47:22.720 --> 01:47:28.720] Well, just taking it as the general use each time.
[01:47:28.720 --> 01:47:29.720] You can.
[01:47:29.720 --> 01:47:37.720] There are at least, at least, 26 definitions of the term United States in federal law.
[01:47:37.720 --> 01:47:39.720] At least that many.
[01:47:39.720 --> 01:47:45.720] There is no way you can tell me which one of those is being used in that chapter until you read it.
[01:47:45.720 --> 01:47:46.720] Right.
[01:47:46.720 --> 01:47:48.720] And the same thing applies to state.
[01:47:48.720 --> 01:47:52.720] State has at least seven.
[01:47:52.720 --> 01:47:54.720] Oh gosh.
[01:47:54.720 --> 01:47:59.720] And it's defined at the federal level in various and sundry different places, though.
[01:47:59.720 --> 01:48:08.720] Yeah, but generally there will be a section somewhere that says definitions and to what specific parts of federal law those definitions apply to.
[01:48:08.720 --> 01:48:11.720] Okay.
[01:48:11.720 --> 01:48:15.720] Have you ever, have you looked at the APA before?
[01:48:15.720 --> 01:48:22.720] I have, but again, it was a long time ago, but this is my last segment, so I don't want to spend the whole time on that because I still got callers on the board.
[01:48:22.720 --> 01:48:27.720] Okay. Well, hey, I'll let you go. Eddie has been a great discussion and we'll hear you next week.
[01:48:27.720 --> 01:48:29.720] All right. Thank you, sir.
[01:48:29.720 --> 01:48:30.720] All right. Thank you.
[01:48:30.720 --> 01:48:32.720] Yes, sir. Have a good time. Bye.
[01:48:32.720 --> 01:48:35.720] All right. That said, we have John in New York.
[01:48:35.720 --> 01:48:38.720] John, let's see how quick we can get this done.
[01:48:38.720 --> 01:48:41.720] Okay. Real quick. Here we go.
[01:48:41.720 --> 01:48:44.720] Is it legal for somebody brought this up tonight?
[01:48:44.720 --> 01:48:51.720] I got a question. Is it legal to go to court with a defendant and help that defendant with a say a traffic ticket?
[01:48:51.720 --> 01:48:56.720] Again, it depends in what capacity and who they are.
[01:48:56.720 --> 01:49:02.720] Most states have laws that will not let someone speak on your behalf that is not a licensed attorney.
[01:49:02.720 --> 01:49:10.720] They can assist you by giving you documents and helping you shuffle paperwork and everything else, but they cannot open their mouth.
[01:49:10.720 --> 01:49:14.720] Okay. Got it. Okay. That takes care of that. Thank you.
[01:49:14.720 --> 01:49:15.720] Okay.
[01:49:15.720 --> 01:49:22.720] Now, okay, here's the question. Friend of mine just got a ticket today to win 77 in the 50 class.
[01:49:22.720 --> 01:49:26.720] Deposition was issued at the time of the stop.
[01:49:26.720 --> 01:49:32.720] Now, New York state law says if you request a deposition, the court must supply one within 30 days.
[01:49:32.720 --> 01:49:35.720] When it doesn't, ticket must be dismissed.
[01:49:35.720 --> 01:49:46.720] New York state law does not say if you get a deposition at the time of the stop, the court is relieved of the responsibility of supplying one when you request one.
[01:49:46.720 --> 01:49:52.720] Wait a minute. How can there be a deposition made on the side of the road when the ticket is issued?
[01:49:52.720 --> 01:49:58.720] What is the legal definition of deposition in the state of New York?
[01:49:58.720 --> 01:50:03.720] Well, it's supposed to clarify what the ticket doesn't.
[01:50:03.720 --> 01:50:18.720] No, that's a statement. A deposition is someone where both parties can actually get together and cross-examine witnesses about things they want to know.
[01:50:18.720 --> 01:50:19.720] Okay.
[01:50:19.720 --> 01:50:25.720] That's in, by my understanding, that's what a deposition has always been.
[01:50:25.720 --> 01:50:36.720] It can either be defense's deposition wherein they're asking the relevant witnesses they want a question for the purpose of that deposition, the things they want to know.
[01:50:36.720 --> 01:50:44.720] And the legal counsel for those witnesses is sitting there going, answer that, don't answer that, blah, blah, blah.
[01:50:44.720 --> 01:50:53.720] But they're not actually allowed to talk beyond responding to the question asked by the attorney as to whether or not the witness should answer it.
[01:50:53.720 --> 01:50:57.720] Or whether or not they answered it legally correctly.
[01:50:57.720 --> 01:51:05.720] But that's what a deposition is. How is deposition specifically defined in relation to how you're using it?
[01:51:05.720 --> 01:51:13.720] Well, because a deposition in order to be a valid deposition also has to be sworn under oath.
[01:51:13.720 --> 01:51:19.720] So who's administering the oath and who's doing the swearing and who's acting as the witness?
[01:51:19.720 --> 01:51:26.720] Okay, then that's my next question. I noticed on the deposition it did not appear to be signed by the officer.
[01:51:26.720 --> 01:51:29.720] Then it's not a deposition.
[01:51:29.720 --> 01:51:30.720] Okay.
[01:51:30.720 --> 01:51:35.720] And besides, again, does it actually say deposition?
[01:51:35.720 --> 01:51:37.720] Yeah, it does.
[01:51:37.720 --> 01:51:41.720] Okay, and what does it say under the title of deposition?
[01:51:41.720 --> 01:51:43.720] Okay, here's what it says.
[01:51:43.720 --> 01:51:47.720] Is it deposition or disposition?
[01:51:47.720 --> 01:51:57.720] Supporting deposition, and then it lists the CPL number, notice to support simplified traffic information.
[01:51:57.720 --> 01:52:05.720] So once again, supporting deposition and then the CPL number to support simplified traffic information.
[01:52:05.720 --> 01:52:08.720] Is there any information listed there?
[01:52:08.720 --> 01:52:10.720] What kind of information?
[01:52:10.720 --> 01:52:15.720] Any information that would be in relation to the charge on the citation?
[01:52:15.720 --> 01:52:17.720] Oh, yeah, yeah, definitely.
[01:52:17.720 --> 01:52:24.720] First of all, it gives the cops name, then it gives the defendants name, and then it says additional information.
[01:52:24.720 --> 01:52:27.720] It says radar, direct observation, then radar.
[01:52:27.720 --> 01:52:34.720] And then the model is stalker dual and 77 and the 55.
[01:52:34.720 --> 01:52:38.720] It shows what's direction they were going in, what town, what time.
[01:52:38.720 --> 01:52:42.720] Vehicle observed alone in a field.
[01:52:42.720 --> 01:52:46.720] Okay, I don't need the whole thing, but you're saying it's not signed.
[01:52:46.720 --> 01:52:48.720] I don't, let me see.
[01:52:48.720 --> 01:52:57.720] Let me make sure I've got the copy right in front of me to the above name defendant.
[01:52:57.720 --> 01:53:03.720] I don't see any signature of the officer anywhere.
[01:53:03.720 --> 01:53:07.720] Okay, so now my question becomes this.
[01:53:07.720 --> 01:53:19.720] Have you read the specific statute relating to the issuance of a citation and the completing of said citation, including the deposition?
[01:53:19.720 --> 01:53:24.720] I did a long time ago and that's what I'm calling to refresh my memory.
[01:53:24.720 --> 01:53:28.720] Well, I haven't read it, so how am I going to refresh your memory?
[01:53:28.720 --> 01:53:30.720] Well, I do know this.
[01:53:30.720 --> 01:53:36.720] The deposition, if it just says what's on the ticket, it's not really a deposition.
[01:53:36.720 --> 01:53:43.720] Well, again, we don't know how deposition is being defined for the purposes of what we're talking about here, so you can't say that.
[01:53:43.720 --> 01:53:47.720] What we can say is that if it is a deposition, it's not signed.
[01:53:47.720 --> 01:53:50.720] Thus, it is not a deposition.
[01:53:50.720 --> 01:53:54.720] Okay, so it's not signed, so then you have the right to ask for one.
[01:53:54.720 --> 01:53:58.720] Yes, but again, what, okay, listen carefully to me, John.
[01:53:58.720 --> 01:54:04.720] I'm trying to get you to think about the legal authority necessary to support your argument to get this dismissed.
[01:54:04.720 --> 01:54:08.720] Okay, so listen carefully.
[01:54:08.720 --> 01:54:22.720] Read the statute on what is required to be filled out on the citation, including the information relating to the deposition and whether or not it requires a signature to be considered a valid deposition.
[01:54:22.720 --> 01:54:30.720] If the law requires it to be signed in order to be a valid deposition, then you can petition the court for the copy.
[01:54:30.720 --> 01:54:40.720] Okay, the court would be obligated to provide it with a signature or it is still not a valid deposition, correct?
[01:54:40.720 --> 01:54:47.720] Because if it's not a valid deposition on the ticket, it's not going to be a valid deposition anywhere else if it still doesn't have a signature.
[01:54:47.720 --> 01:54:49.720] The deposition, that's correct.
[01:54:49.720 --> 01:55:02.720] Okay, so once we know what the deposition is required to be consistent of according to law, whether or not it's required to be signed in order to be considered valid,
[01:55:02.720 --> 01:55:13.720] and whether or not the court provides you with a signed copy of said deposition within 30 days as required by law is all going to depend on your success at getting it dismissed,
[01:55:13.720 --> 01:55:19.720] other than the legal argument of whatever the charge is and how well you handle that.
[01:55:19.720 --> 01:55:25.720] But if you want to get dismissed on that procedural technicality, that's what you've got to be looking for.
[01:55:25.720 --> 01:55:29.720] What is the legal meaning and requirements of a deposition?
[01:55:29.720 --> 01:55:36.720] Is a deposition valid without a proper signature by the person making it, i.e. the officer?
[01:55:36.720 --> 01:55:44.720] And does that include when the deposition is being supplied by the court if what they send you is also unsigned?
[01:55:44.720 --> 01:55:46.720] Now, here's a question.
[01:55:46.720 --> 01:56:01.720] And assuming that the deposition is all legal and it's all correct, even though they issued a deposition at the traffic stop,
[01:56:01.720 --> 01:56:10.720] I read New York State law very carefully ten times, nowhere does it say that it says that you have the right to ask the court for a deposition.
[01:56:10.720 --> 01:56:13.720] Okay, but hold on just a second.
[01:56:13.720 --> 01:56:19.720] You said you haven't read the statute relating to the issuance of the citation in a long time.
[01:56:19.720 --> 01:56:21.720] Is that not correct?
[01:56:21.720 --> 01:56:22.720] That's correct.
[01:56:22.720 --> 01:56:32.720] Okay, so if there is a local and specific provision that says the deposition issued on the citation is valid as is provided it is properly signed,
[01:56:32.720 --> 01:56:38.720] then the general law that you're referring to is not controlling here and doesn't mean squat.
[01:56:38.720 --> 01:56:41.720] Okay, but listen to my question.
[01:56:41.720 --> 01:56:44.720] I still haven't asked the question.
[01:56:44.720 --> 01:56:48.720] We've been to court before, requested the deposition.
[01:56:48.720 --> 01:56:50.720] The court did not provide it.
[01:56:50.720 --> 01:56:52.720] Tickets were dismissed.
[01:56:52.720 --> 01:56:57.720] I got three tickets dismissed for a family member over a period of several months.
[01:56:57.720 --> 01:57:08.720] And that's how I did it because the court was too lazy, did not support, did not send the deposition in a timely fashion in 30 days, so ticket was dismissed.
[01:57:08.720 --> 01:57:18.720] Now, at one point, what happens if you go to court and they say, well, we gave you the deposition at the time of the traffic stop?
[01:57:18.720 --> 01:57:21.720] I thought that's what I was just answering.
[01:57:21.720 --> 01:57:23.720] Hold it, hold it, hold it, hold it.
[01:57:23.720 --> 01:57:34.720] Wait, but the law doesn't say on the New York state book that if the court, if the traffic cop gave you one of the traffic fees, the court doesn't have to give you one.
[01:57:34.720 --> 01:57:36.720] Wait a minute, stop.
[01:57:36.720 --> 01:57:38.720] I just answered that.
[01:57:38.720 --> 01:57:46.720] Now, pay attention to what I'm telling you because this applies in every state of the union, Texas and New York and everywhere else, okay?
[01:57:46.720 --> 01:57:47.720] Got it.
[01:57:47.720 --> 01:58:02.720] If the statute has a local provision that states something works this way, then a general provision will not be controlling unless the local specifically says it is.
[01:58:02.720 --> 01:58:09.720] What you are quoting to me is a general provision, okay?
[01:58:09.720 --> 01:58:23.720] But if there's one that's in the issuance of the citation that is local and specific that says everything is okay the way they've done it, as long as it's signed, then what you're looking at over here, whether it's there or not, is irrelevant.
[01:58:23.720 --> 01:58:28.720] So read the one for the citation and do what it says.
[01:58:28.720 --> 01:58:32.720] And then match them up accordingly and you will have your answer.
[01:58:32.720 --> 01:58:34.720] Got it.
[01:58:34.720 --> 01:58:35.720] Okay.
[01:58:35.720 --> 01:58:36.720] Thank you.
[01:58:36.720 --> 01:58:38.720] You're welcome.
[01:58:38.720 --> 01:58:39.720] All right.
[01:58:39.720 --> 01:58:41.720] I am sorry to the other callers up on the board.
[01:58:41.720 --> 01:58:43.720] I am out of time here.
[01:58:43.720 --> 01:58:45.720] Thank you all for calling in and for listening.
[01:58:45.720 --> 01:58:46.720] Y'all have a great week.
[01:58:46.720 --> 01:58:47.720] Good night.
[01:58:47.720 --> 01:58:49.720] God bless.
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