ROL_2022-08-01_16k.timecode

[00:00.000 --> 00:06.260]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.260 --> 00:09.460]  the specific freedoms Americans should know and protect.
[00:09.460 --> 00:10.860]  Our liberty depends on it.
[00:10.860 --> 00:14.860]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.860 --> 00:16.940]  your First Amendment rights.
[00:16.940 --> 00:18.540]  Privacy is under attack.
[00:18.540 --> 00:22.140]  When you give up data about yourself, you'll never get it back again.
[00:22.140 --> 00:26.940]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.940 --> 00:32.020]  It'll protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.020 --> 00:33.020]  Privacy.
[00:33.020 --> 00:34.700]  It's worth hanging on to.
[00:34.700 --> 00:38.980]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.980 --> 00:42.520]  engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.740]  Start over with Startpage.
[00:44.740 --> 00:46.580]  Spar.
[00:46.580 --> 00:47.820]  It's what fighters do.
[00:47.820 --> 00:50.780]  It's also how I remember the five guarantees of the First Amendment.
[00:50.780 --> 00:54.500]  If you plan to take away my rights, I'm going to spar with you.
[00:54.500 --> 01:01.580]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.580 --> 01:02.940]  and R for religion.
[01:02.940 --> 01:07.100]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.100 --> 01:08.100]  assembly, and religion.
[01:08.100 --> 01:10.860]  But petition for redress is another matter.
[01:10.860 --> 01:14.580]  We have the right to petition the government for a redress of grievances.
[01:14.580 --> 01:18.100]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.100 --> 01:20.820]  the reasons without fear of being thrown into jail.
[01:20.820 --> 01:25.220]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:25.220 --> 01:36.540]  Pressure, we usually associate it with stress and negativity, but sometimes a bit of pressure
[01:36.540 --> 01:37.540]  can be healing.
[01:37.540 --> 01:41.580]  I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like nausea can
[01:41.580 --> 01:46.580]  be cured using the traditional Chinese therapy known as acupressure.
[01:46.580 --> 01:47.780]  Privacy is under attack.
[01:47.780 --> 01:51.740]  When you give up data about yourself, you'll never get it back again.
[01:51.740 --> 01:56.540]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.540 --> 02:01.540]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.540 --> 02:04.300]  Privacy, it's worth hanging onto.
[02:04.300 --> 02:08.580]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.580 --> 02:12.120]  engine alternative to Google, Yahoo, and Bing.
[02:12.120 --> 02:16.220]  Start over with StartPage.
[02:16.220 --> 02:20.100]  Acupressure is an ancient practice that uses finger or hand pressure to cure everything
[02:20.100 --> 02:22.220]  from headaches to constipation.
[02:22.220 --> 02:25.620]  The pressure is applied to points known as meridians that are believed to control the
[02:25.620 --> 02:28.380]  flow of energy in the human body.
[02:28.380 --> 02:32.100]  Acupressure offers a simple cure for nausea you might try the next time you get a queasy
[02:32.100 --> 02:34.900]  stomach or a case of motion sickness.
[02:34.900 --> 02:38.060]  Simply apply moderate pressure to the point known as P6.
[02:38.060 --> 02:42.540]  You'll find it on the inside of your wrist, about two fingers' width down from your palm.
[02:42.540 --> 02:47.460]  Using pressure on the P6 point works on the same principle as those pricey anti-nausea
[02:47.460 --> 02:48.460]  wristbands.
[02:48.460 --> 02:50.980]  But this relief is free and always on hand.
[02:50.980 --> 02:53.140]  I'm Dr. Catherine Albrecht.
[02:53.140 --> 03:23.060]  More news and information at CatherineAlbrecht.com.
[03:24.140 --> 03:35.020]  Alright folks, good evening, this is the Monday Night Rule of Law Radio Show with your host
[03:35.020 --> 03:36.020]  Eddie Craig.
[03:36.020 --> 03:39.300]  It is the first of August 2022.
[03:39.300 --> 03:40.640]  We are live tonight.
[03:40.640 --> 03:43.140]  This is not Memorex.
[03:43.140 --> 03:46.260]  Now something I'd like to talk to you folks about.
[03:46.260 --> 03:51.700]  I've been going through some research dealing partly with Randy's lawsuit and partly with
[03:51.700 --> 03:55.820]  some people that I'm trying to help on several different kinds of cases.
[03:55.820 --> 04:01.100]  All of them stem from the fact that the courts in this state, as you are well aware by now
[04:01.100 --> 04:07.540]  after listening to this show for all this time, are not complying with the law.
[04:07.540 --> 04:12.460]  The research I've been doing for the past week and just finally got the documentation
[04:12.460 --> 04:19.260]  from the state law library on today goes into the issue of the examining trial.
[04:19.260 --> 04:29.580]  Now there used to be prior to 1965 a code called the old code that was the original
[04:29.580 --> 04:31.740]  code of criminal procedure.
[04:31.740 --> 04:37.500]  The copy I have from the state law library prior to the 1965 version was first printed
[04:37.500 --> 04:40.420]  in 1857.
[04:40.420 --> 04:50.980]  So this is what the law said from 1857 up until at least 1925.
[04:50.980 --> 04:56.260]  And then in 1925 it was revised again into the code of criminal procedure as we know
[04:56.260 --> 05:01.300]  it in 1965.
[05:01.300 --> 05:10.940]  But as of 1857 under Chapter 3, Article 233 of the original code of criminal procedure,
[05:10.940 --> 05:13.020]  we have this.
[05:13.020 --> 05:19.540]  When a person accused of an offense has been brought before a magistrate, that officer
[05:19.540 --> 05:25.700]  shall proceed to examine into the truth of the accusation made, allowing the accused
[05:25.700 --> 05:31.220]  however sufficient time to procure the aid of counsel.
[05:31.220 --> 05:39.860]  Now right there, that is the command to the judiciary that they are to conduct an examining
[05:39.860 --> 05:48.420]  trial in a criminal case and it does not make any distinction whatsoever about the kind
[05:48.420 --> 05:51.260]  of criminal case.
[05:51.260 --> 05:58.140]  Now the reason that is significant is because that holds true today just as it did in this
[05:58.140 --> 06:01.100]  1857 version.
[06:01.100 --> 06:07.020]  The command shall is still the way it is worded today.
[06:07.020 --> 06:15.820]  It creates a legal duty upon a magistrate upon the presentation of a criminal complaint
[06:15.820 --> 06:21.180]  to act upon that criminal complaint by convening and examining trial.
[06:21.180 --> 06:25.900]  It is not a discretionary duty.
[06:25.900 --> 06:37.620]  Shall, if you look in Chapter 311 of the government code, is defined as creates a duty.
[06:37.620 --> 06:46.940]  They have a legal duty to perform the functions commanded by this article and they are refusing
[06:46.940 --> 06:51.100]  to do it.
[06:51.100 --> 06:59.220]  The basis they rely upon for this is a case called Clark v. State.
[06:59.220 --> 07:05.420]  But when you read Clark v. State, it does not say what they are trying to claim that
[07:05.420 --> 07:11.260]  it says, which is that Clark v. State did away with the requirement of an examining
[07:11.260 --> 07:14.580]  trial in misdemeanor cases.
[07:14.580 --> 07:17.060]  No it did not.
[07:17.060 --> 07:22.780]  In fact, there is no way that opinion could be constitutionally valid because it does
[07:22.780 --> 07:30.180]  not comply with the Texas Constitution's due process requirements or the statutory
[07:30.180 --> 07:31.820]  scheme that is the code of criminal procedure.
[07:31.820 --> 07:37.620]  In other words, the judiciary in Clark v. State completely ignored and overruled state
[07:37.620 --> 07:45.460]  law to create a doctrine that is absolutely illegal.
[07:45.460 --> 07:52.780]  And they have perpetrated that crime all the way through current day.
[07:52.780 --> 07:58.140]  You cannot read all of the statutes relative to the examining trial and the requirements
[07:58.140 --> 08:04.100]  before and after that examining trial and come to any conclusion other than the courts
[08:04.100 --> 08:11.100]  have chosen to act for their own benefit over the rights of the people to substantive and
[08:11.100 --> 08:13.860]  procedural due process.
[08:13.860 --> 08:20.140]  Now their argument is, is that we do not have a right to an examining trial.
[08:20.140 --> 08:23.900]  And as Randy likes to say, so what?
[08:23.900 --> 08:29.460]  Who cares that you say I don't have a right to the examining trial?
[08:29.460 --> 08:32.620]  The examining trial is not about right.
[08:32.620 --> 08:40.420]  It is about two things, a legal duty that is placed upon the members of the judiciary
[08:40.420 --> 08:45.100]  and the right to substantive procedural due process.
[08:45.100 --> 08:48.700]  Now you could say I don't have a right to the examining trial all day long.
[08:48.700 --> 08:52.020]  But that doesn't change the fact that you have a legal duty under the code of criminal
[08:52.020 --> 08:54.700]  procedure to perform one.
[08:54.700 --> 09:00.820]  It also does not change the fact that the requirements of that examining trial are what
[09:00.820 --> 09:06.300]  goes through the process of investing court or jurisdiction on the trial court to hear
[09:06.300 --> 09:13.220]  the case beyond the indictment and information.
[09:13.220 --> 09:18.900]  So when you say I have no right to an examining trial in straight up parlance, that is true.
[09:18.900 --> 09:22.660]  But I do have a right to due process.
[09:22.660 --> 09:28.140]  And I do have a right to know where your jurisdiction lies and comes from.
[09:28.140 --> 09:34.380]  And I do have a right to challenge it at any time if it doesn't exist.
[09:34.380 --> 09:40.580]  Or if I can show that your subject matter jurisdiction doesn't exist.
[09:40.580 --> 09:46.060]  And the fact of the matter is the examining trial goes directly to the issue of subject
[09:46.060 --> 09:49.680]  matter jurisdiction here in the state of Texas.
[09:49.680 --> 09:54.940]  When you look at Chapter 16 of the existing code today, it gives you all the process the
[09:54.940 --> 10:02.100]  magistrate is required to go through in convening, holding, and going through every step of that
[10:02.100 --> 10:03.500]  examining trial.
[10:03.500 --> 10:07.620]  And in everything he is required to do as a matter of law once that examining trial
[10:07.620 --> 10:09.260]  has been completed.
[10:09.260 --> 10:17.260]  He is required to sign an order either finding probable cause or finding none.
[10:17.260 --> 10:24.340]  He is either to release the accused after that finding if there was no finding.
[10:24.340 --> 10:30.580]  Or he is required to place him on bail after issuing a warrant for his arrest if probable
[10:30.580 --> 10:34.020]  cause was found.
[10:34.020 --> 10:39.260]  Now be aware that here in Texas and anywhere else for that matter, this examining trial
[10:39.260 --> 10:45.980]  process has to make two probable cause determinations, not simply one.
[10:45.980 --> 10:52.460]  Subject matter is but one of the jurisdictional issues it has to determine.
[10:52.460 --> 11:05.820]  The other is whether or not the warrantless arrest of the accused was reasonable and lawful.
[11:05.820 --> 11:11.380]  It is the presumption of the courts that any arrest, even if it's authorized by statute,
[11:11.380 --> 11:19.780]  if the arrest is made without a warrant, then a magistrate is the only person who can make
[11:19.780 --> 11:25.020]  an independent determination as to whether or not that warrantless arrest was valid.
[11:25.020 --> 11:30.660]  That is exactly why every single place in our current code of criminal procedure that
[11:30.660 --> 11:37.780]  describes an officer's ability to make a warrantless arrest, it also contains a legal duty to take
[11:37.780 --> 11:45.720]  that individual arrested immediately before the nearest available magistrate.
[11:45.720 --> 11:53.580]  It says that and makes no exception of any kind, no matter what the offense, no matter
[11:53.580 --> 12:01.700]  what time of day, it is a requirement the individual be taken before a magistrate if
[12:01.700 --> 12:09.060]  they were arrested either with or without a warrant here in the state of Texas.
[12:09.060 --> 12:16.180]  The 1517 proceeding that's in the code of criminal procedure only exists for those who
[12:16.180 --> 12:20.300]  are arrested with a valid warrant.
[12:20.300 --> 12:25.860]  That is not the process that is to be used for someone who is arrested without a valid
[12:25.860 --> 12:28.220]  warrant.
[12:28.220 --> 12:35.780]  The process for those arrested without a valid warrant is found in Chapter 16, not Chapter
[12:35.780 --> 12:43.980]  15, and most certainly not Article 15.17.
[12:43.980 --> 12:50.260]  The process in Chapter 16 is where the probable cause first and foremost that must be determined
[12:50.260 --> 12:57.580]  is was the warrantless seizure and arrest of the accused constitutionally reasonable
[12:57.580 --> 13:01.220]  and legal.
[13:01.220 --> 13:09.860]  If that was not, the rest of it is moot.
[13:09.860 --> 13:12.300]  And they don't want to admit that.
[13:12.300 --> 13:20.340]  They want to ignore that, all to make their job easier.
[13:20.340 --> 13:31.620]  They want to make due process and actual justice a side effect of the law and the procedure,
[13:31.620 --> 13:35.660]  not its purpose.
[13:35.660 --> 13:43.580]  If you get justice, well, that just happened accidentally because we were going to go,
[13:43.580 --> 13:50.020]  we were going to hold our procedure and everything about it over your right to justice and your
[13:50.020 --> 13:53.460]  right to due process.
[13:53.460 --> 13:55.620]  That's the way they're viewing this.
[13:55.620 --> 14:01.260]  But they have taken it upon themselves to rewrite the procedure where they don't have
[14:01.260 --> 14:07.180]  to do the things that the law that constitutes the procedure prescribes.
[14:07.180 --> 14:13.140]  See, without this examining trial, they get to shortcut everything and take us straight
[14:13.140 --> 14:19.060]  to trial without ever making a probable cause determination about anything, not only about
[14:19.060 --> 14:23.420]  whether or not our warrantless arrest was valid, but about whether or not we could actually
[14:23.420 --> 14:32.460]  have been held in jail until trial because there was probable cause to believe we actually
[14:32.460 --> 14:36.700]  committed the offense alleged against us.
[14:36.700 --> 14:43.140]  The cops do not get to determine whether or not their arrest was valid.
[14:43.140 --> 14:49.060]  The cops do not get to determine whether or not we should be incarcerated.
[14:49.060 --> 14:56.860]  Under Texas law, that duty falls solely upon the head of a magistrate.
[14:56.860 --> 15:05.820]  And the magistrates and the judges are not doing their duty in this state, not a one
[15:05.820 --> 15:10.780]  of them at any level.
[15:10.780 --> 15:16.100]  And so Randy's got his lawsuit making this as one of his major arguments.
[15:16.100 --> 15:24.220]  The problem is is I don't know how he's going to make that work the way he's trying to make
[15:24.220 --> 15:25.220]  it work.
[15:25.220 --> 15:27.500]  But if he does, great.
[15:27.500 --> 15:31.820]  What I'm going to do is I'm going to try to get a petition for redress agreements.
[15:31.820 --> 15:38.780]  And I'm going to try to get as many signatures attached to that redress as I possibly can.
[15:38.780 --> 15:46.540]  Now I'm going to try to get it where we get to use it in open discussion with the legislature
[15:46.540 --> 15:55.900]  on the floor of the Texas legislature itself, where we get to Q&A, answer questions, argue
[15:55.900 --> 16:05.220]  points of law, and force the entire body of the legislature to pay attention for once.
[16:05.220 --> 16:09.340]  Now if Randy's lawsuit works, great.
[16:09.340 --> 16:16.820]  But if we don't start acting together to make these changes, this is going to be done more
[16:16.820 --> 16:18.300]  and more.
[16:18.300 --> 16:24.220]  And we're going to have less and less capability of protecting our rights and making them comply
[16:24.220 --> 16:28.800]  with law if we allow it to continue.
[16:28.800 --> 16:36.860]  So folks, I'm asking you, please, donate, keep us financed, keep us going, keep us able
[16:36.860 --> 16:44.540]  to do this research, to do this job for your benefit, not our benefit, but your benefit.
[16:44.540 --> 16:47.660]  Because what we're doing is directly meant to do that.
[16:47.660 --> 16:50.020]  Y'all hang on, we're going to take a break.
[16:50.020 --> 17:01.180]  We will be right back.
[17:01.180 --> 17:05.620]  Are you looking to have a closer relationship with God and a better understanding of His
[17:05.620 --> 17:06.620]  Word?
[17:06.620 --> 17:11.700]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for scripture
[17:11.700 --> 17:18.100]  talk, where Nana and her guests discuss the scriptures in accord with 2nd Timothy 2.15.
[17:18.100 --> 17:22.620]  Ready to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[17:22.620 --> 17:25.060]  dividing the word of truth.
[17:25.060 --> 17:29.020]  Starting in January, our first hour studies are in the Book of Mark, where we'll go verse
[17:29.020 --> 17:32.340]  by verse and discuss the true gospel message.
[17:32.340 --> 17:36.980]  Our second hour topical studies will vary each week with discussions on sound doctrine
[17:36.980 --> 17:39.340]  and Christian character development.
[17:39.340 --> 17:43.860]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[17:43.860 --> 17:48.260]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[17:48.260 --> 17:49.900]  of our Lord and Savior Jesus.
[17:49.900 --> 17:57.100]  So tune in to scripture talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[17:57.100 --> 18:00.860]  motivate your studies of the scriptures.
[18:00.860 --> 18:05.580]  Are you being harassed by debt collectors with phone calls, letters or even losses?
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[18:20.860 --> 18:25.100]  What to do when contacted by phones, mail or court summons?
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[18:41.380 --> 18:47.140]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.140 --> 18:49.620]  or email michaelmears at yahoo.com.
[18:49.620 --> 18:59.140]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-m at yahoo.com to learn how to stop debt
[18:59.140 --> 19:00.140]  collectors now.
[19:00.140 --> 19:10.500]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:10.500 --> 19:30.380]  All right, folks.
[19:30.380 --> 19:31.380]  We are back.
[19:31.380 --> 19:37.300]  This is Rule of Law Radio, the call in number 512-646-1984.
[19:37.300 --> 19:38.660]  You want to call in and talk?
[19:38.660 --> 19:39.660]  Let's do that.
[19:39.660 --> 19:40.660]  Okay.
[19:40.660 --> 19:47.180]  Now, as to the Code of Criminal Procedure, in this old code, all of Chapter 3 appears
[19:47.180 --> 19:52.220]  to be what Chapter 16 is current day.
[19:52.220 --> 19:58.220]  The statutes have been renumbered, but they say there's not as many of them in the original
[19:58.220 --> 20:00.020]  code, by the way, as there is now.
[20:00.020 --> 20:05.780]  But that's because there's been tons of case law since 1857 more clearly delineating what
[20:05.780 --> 20:08.620]  is required to provide proper due process.
[20:08.620 --> 20:10.900]  A lot of this in the old code.
[20:10.900 --> 20:17.780]  If you tried this stuff today as a cop or a judge, you'd wind up with your butt in prison.
[20:17.780 --> 20:23.100]  The old code says that in the case of a felony offense, an officer may break down the door
[20:23.100 --> 20:28.220]  of any home and enter to make an arrest in the case of a felony once he's stated what
[20:28.220 --> 20:30.060]  his authority to do so is.
[20:30.060 --> 20:33.500]  Well, they can't do that, and the Supreme Court has said so.
[20:33.500 --> 20:38.060]  If you go into a private residence felony or not, and the person that you're trying
[20:38.060 --> 20:43.980]  to arrest, you don't have any evidence that that person's going to escape, just simply
[20:43.980 --> 20:47.660]  that they're inside the home, you have to get a warrant.
[20:47.660 --> 20:51.700]  The only exception to that is hot pursuit.
[20:51.700 --> 20:56.320]  So you can't just go busted into someone's house, felony or not, and make an arrest unless
[20:56.320 --> 21:03.820]  you can either see the act being committed and it's endangering the life of someone else,
[21:03.820 --> 21:06.540]  or you are in hot pursuit.
[21:06.540 --> 21:10.460]  Otherwise, you go get a warrant.
[21:10.460 --> 21:15.060]  So some of the stuff that's in the old code most definitely has been overruled by now.
[21:15.060 --> 21:22.100]  But the procedure itself is fairly similar in the old code and the new code.
[21:22.100 --> 21:28.740]  It's just more fleshed out in the new code with more specific details that are required.
[21:28.740 --> 21:34.420]  And in each of those instances, the courts in Texas are ignoring the law to do what they
[21:34.420 --> 21:37.620]  wish instead of what they're supposed to be doing.
[21:37.620 --> 21:43.300]  Now the problem with this, of course, is that there is law on the books that specifically
[21:43.300 --> 21:48.860]  says that they have to treat the code of criminal procedure or any other rules of procedure
[21:48.860 --> 21:52.220]  as if they were enacted law.
[21:52.220 --> 21:55.500]  And there's case law in Texas that specifically says that.
[21:55.500 --> 21:59.820]  In fact, let me see if I've got the case here.
[21:59.820 --> 22:02.660]  I'm not sure if I do or not, but I did have.
[22:02.660 --> 22:07.220]  I know I was reading it today, so let me see.
[22:07.220 --> 22:12.900]  Yeah, there we go.
[22:12.900 --> 22:14.580]  OK, well, I guess this is it.
[22:14.580 --> 22:18.780]  No, that's not it.
[22:18.780 --> 22:19.460]  Oh, there we go.
[22:19.460 --> 22:21.220]  All right.
[22:21.220 --> 22:27.660]  So if we go all the way back up to this document here and we look down, the case law that tells
[22:27.660 --> 22:37.460]  us this is as follows.
[22:37.460 --> 22:41.580]  Procedural rules have the same force and effect as statutes.
[22:41.580 --> 22:48.220]  They should be interpreted and construed under the rules applicable to legislative enactments.
[22:48.220 --> 22:59.980]  And that is Reese v. State, 772 SW 2nd, 288 at 290, Texas Appellate Court, Waco, 1989.
[22:59.980 --> 23:07.860]  OK, now, as to whether or not they can shrug off the code of criminal procedure and the
[23:07.860 --> 23:14.020]  legal duties that exist under it, here's the case law on that.
[23:14.020 --> 23:20.500]  No one, under any circumstances, should be deprived of any right given him by the laws
[23:20.500 --> 23:22.380]  of this state.
[23:22.380 --> 23:29.060]  And if any provision of our code of criminal procedure has been overlooked or disregarded,
[23:29.060 --> 23:36.580]  if in the remotest degree it could have been hurtful or harmful to the person on trial,
[23:36.580 --> 23:39.500]  the verdict should be set aside.
[23:39.500 --> 23:46.140]  He has a right to be tried in accordance with the rules and form of law.
[23:46.140 --> 23:52.740]  And if this sort of trial is not accorded him, he has the right to complain.
[23:52.740 --> 23:57.300]  And to this complaint, we will always give an attentive ear.
[23:57.300 --> 24:07.780]  Parker v. State, 745 SW 2nd, 934 at 937, Texas Appellate Court, 1st District of Houston,
[24:07.780 --> 24:09.380]  1988.
[24:09.380 --> 24:13.620]  So these are not ancient cases, folks.
[24:13.620 --> 24:20.060]  Right here, the courts have ruled that the code of criminal procedure has to be complied
[24:20.060 --> 24:21.340]  with.
[24:21.340 --> 24:27.260]  And yet, right now, we have every court in the state of Texas treating it as if it doesn't
[24:27.260 --> 24:34.460]  exist or doesn't mean what it says or says something different other than what's actually
[24:34.460 --> 24:36.300]  printed in it.
[24:36.300 --> 24:39.500]  Take your pick.
[24:39.500 --> 24:47.580]  Now, when the courts are citing Clark v. State as their authority to ignore an examining
[24:47.580 --> 24:53.620]  trial process in a misdemeanor case, they run afoul of a United States Supreme Court
[24:53.620 --> 24:56.540]  ruling, which is Gerstein v. Pew.
[24:56.540 --> 25:05.500]  Now, the fact is, Clark does not say what they're claiming that it says.
[25:05.500 --> 25:11.260]  Therefore, if the argument they are making, which is the one they are making, is that
[25:11.260 --> 25:17.140]  Clark does something it does not say, which is take away a right guaranteed by statute,
[25:17.140 --> 25:22.820]  which is substantive procedural due process, not the right to an examining trial, but the
[25:22.820 --> 25:29.500]  right to the substantive due process, which the examining trial under Texas statutes is
[25:29.500 --> 25:34.900]  an integrated part of, it cannot be separated out.
[25:34.900 --> 25:41.220]  At any point, not even with an indictment.
[25:41.220 --> 25:49.340]  Because under Texas law, as it exists, the grand jury in Texas has no power to determine
[25:49.340 --> 25:54.420]  probable cause, not according to our law as it exists.
[25:54.420 --> 26:00.420]  Now, you can argue historically, like Randy did with me six years ago, that that's 800
[26:00.420 --> 26:03.740]  years of case law under the Bagnacarta that says they can.
[26:03.740 --> 26:06.780]  Well, that may be true.
[26:06.780 --> 26:12.140]  But the issue here is not what they've had 800 years of being able to do, it's whether
[26:12.140 --> 26:20.100]  or not the current black letter law on the books in Texas complies with that history.
[26:20.100 --> 26:23.540]  And it doesn't.
[26:23.540 --> 26:32.780]  Here in Texas, the rules are that the examining trial and only the examining trial is where
[26:32.780 --> 26:37.660]  probable cause is to be determined.
[26:37.660 --> 26:42.980]  Once probable cause has been determined there, the records of the examining trial are taken
[26:42.980 --> 26:48.060]  and sent to the court having proper jurisdiction to try the offense.
[26:48.060 --> 26:54.480]  And under the code of criminal procedure, that court is then required to hand that packet
[26:54.480 --> 27:00.460]  of information off to the grand jury for the purposes of getting an indictment.
[27:00.460 --> 27:04.780]  And again, it doesn't matter what level of offense.
[27:04.780 --> 27:11.380]  The Texas Constitution prior to the 1876 version contained a requirement in the Bill of Rights
[27:11.380 --> 27:16.300]  under Section 10 that specifically stated no person in the state of Texas can be charged
[27:16.300 --> 27:23.580]  with a crime except upon indictment by a grand jury, I'm sorry, can be prosecuted for a crime
[27:23.580 --> 27:27.100]  except upon indictment of a grand jury.
[27:27.100 --> 27:34.220]  Now, the legislature petitioned to have that portion of the Bill of Rights amended to remove
[27:34.220 --> 27:36.180]  that requirement.
[27:36.180 --> 27:42.420]  But there once again is a constitutional problem with that attempt to remove that protected
[27:42.420 --> 27:44.020]  right.
[27:44.020 --> 27:47.340]  And that is Article 1, Section 29.
[27:47.340 --> 27:55.160]  See, the way I read Article 1, Section 29 of our Bill of Rights under our state constitution
[27:55.160 --> 27:56.580]  is very straightforward.
[27:56.580 --> 27:59.900]  It means exactly what it says.
[27:59.900 --> 28:07.900]  And that is, in plain language, that once a right has been specifically enumerated within
[28:07.900 --> 28:14.980]  the Bill of Rights, it is forever removed from the powers of government.
[28:14.980 --> 28:18.060]  And what is one of the powers of the government?
[28:18.060 --> 28:22.140]  To offer up amendments to the state constitution.
[28:22.140 --> 28:28.540]  Now, if the legislature has no power to amend the Bill of Rights and take a right away from
[28:28.540 --> 28:34.420]  me as an individual, then neither do the people of Texas.
[28:34.420 --> 28:40.780]  My neighbor cannot vote on what my rights are and what they aren't.
[28:40.780 --> 28:45.400]  Not once they're guaranteed to me they can't touch them.
[28:45.400 --> 28:53.060]  And so where our constitution enshrines that right in writing, it can no longer be amended
[28:53.060 --> 28:54.700]  to remove it.
[28:54.700 --> 29:01.460]  Now they can add newly protected rights to it all day long because they are not in the
[29:01.460 --> 29:08.860]  Bill of Rights at the time so as to be forever removed from the powers of government.
[29:08.860 --> 29:13.300]  But once they are, that right cannot be taken away.
[29:13.300 --> 29:20.380]  It cannot be taken out of the constitution and treated like it never existed.
[29:20.380 --> 29:25.540]  So not only does the requirement for a grand jury indictment still exist as a constitutionally
[29:25.540 --> 29:31.420]  protected right under that interpretation of Article 1, Section 29, but that would still
[29:31.420 --> 29:38.220]  put it in full compliance with the rest of the constitution, such as Article 5, Sections
[29:38.220 --> 29:41.700]  12, 17, and 21.
[29:41.700 --> 29:46.820]  It would also put it in compliance with Chapter 21 of the Code of Criminal Procedure as it
[29:46.820 --> 29:51.320]  exists today.
[29:51.320 --> 29:57.140]  They have a problem, folks, and we need to understand, know it, and use it to fight back.
[29:57.140 --> 29:58.540]  Y'all hang on.
[29:58.540 --> 30:00.580]  Call on number 512.
[30:00.580 --> 30:06.940]  Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:06.940 --> 30:08.420]  the blood alcohol limit.
[30:08.420 --> 30:13.300]  I'm Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government
[30:13.300 --> 30:15.860]  cover-up in a moment.
[30:15.860 --> 30:17.460]  Privacy is under attack.
[30:17.460 --> 30:21.060]  When you give up data about yourself, you'll never get it back again.
[30:21.060 --> 30:25.820]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.820 --> 30:30.940]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.940 --> 30:33.580]  Privacy, it's worth hanging on to.
[30:33.580 --> 30:37.860]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.860 --> 30:41.420]  engine alternative to Google, Yahoo, and Bing.
[30:41.420 --> 30:44.820]  Start over with StartPage.
[30:44.820 --> 30:46.980]  Ever hear the term fine farming?
[30:46.980 --> 30:51.500]  It's when cops fine innocent people to bring in revenue, and it's apparently big business
[30:51.500 --> 30:53.420]  in the sunshine state of Florida.
[30:53.420 --> 30:59.740]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[30:59.740 --> 31:04.380]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.380 --> 31:08.020]  State officials knew about it for two and a half years, but did nothing.
[31:08.020 --> 31:13.020]  In fact, the head of Florida's breath testing program ordered inspectors not to document
[31:13.020 --> 31:14.020]  the problem.
[31:14.020 --> 31:18.900]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed,
[31:18.900 --> 31:21.620]  perhaps Florida drivers can breathe a bit easier.
[31:21.620 --> 31:23.620]  I'm Dr. Catherine Albrecht.
[31:23.620 --> 31:30.700]  More news and information at CatherineAlbrecht.com.
[31:30.700 --> 31:36.060]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.060 --> 31:38.220]  The government says that fire brought it down.
[31:38.220 --> 31:43.140]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.140 --> 31:45.820]  Over 6,000 of my fellow service members have given their lives.
[31:45.820 --> 31:48.580]  And thousands of my fellow first responders are dying.
[31:48.580 --> 31:49.940]  I'm not a conspiracy theorist.
[31:49.940 --> 31:50.940]  I'm a structural engineer.
[31:50.940 --> 31:52.420]  I'm a New York City correction officer.
[31:52.420 --> 31:53.420]  I'm an Air Force pilot.
[31:53.420 --> 31:55.020]  I'm a father who lost his son.
[31:55.020 --> 31:57.660]  We're Americans, and we deserve the truth.
[31:57.660 --> 32:00.940]  Let's go to RememberBuilding7.org today.
[32:00.940 --> 32:05.140]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.140 --> 32:08.980]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:08.980 --> 32:12.620]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.620 --> 32:16.140]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.140 --> 32:19.900]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.900 --> 32:24.020]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.020 --> 32:25.420]  our rights through due process.
[32:25.420 --> 32:29.380]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.380 --> 32:33.160]  most comprehensive teaching tool available that will help you understand what due process
[32:33.160 --> 32:35.540]  is and how to hold courts to the rule of law.
[32:35.540 --> 32:39.540]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.540 --> 32:40.860]  ordering your copy today.
[32:40.860 --> 32:44.220]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.220 --> 32:48.620]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.620 --> 32:50.940]  documents, and other useful resource material.
[32:50.940 --> 32:54.900]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.900 --> 33:01.900]  Order your copy today and together we can have the free society we all want and deserve.
[33:24.900 --> 33:28.220]  All right, folks, we are back.
[33:28.220 --> 33:33.980]  This is Rule of Law Radio, the call in number 512-646-1984.
[33:33.980 --> 33:40.340]  Before I start taking callers real quick, folks, I try my very best not to ask for donations
[33:40.340 --> 33:43.180]  and things like that any more than I absolutely have to.
[33:43.180 --> 33:48.220]  I hate hawking on the network to do the work that we do.
[33:48.220 --> 33:52.020]  But the fact of the matter is, is that without you, we can't do it.
[33:52.020 --> 33:54.540]  Without you, I can't do it.
[33:54.540 --> 33:58.260]  I've had to relocate from Austin to Plano.
[33:58.260 --> 34:01.740]  I'm in a much bigger place, but it's also a much more expensive place.
[34:01.740 --> 34:05.100]  It's a place I didn't ever plan on getting to, but I didn't have a whole lot of options
[34:05.100 --> 34:06.380]  at this point.
[34:06.380 --> 34:14.140]  I exhausted every dime I had getting here, and believe me, it's got its issues, but I
[34:14.140 --> 34:15.580]  love it all the same.
[34:15.580 --> 34:16.580]  My dogs are loving it.
[34:16.580 --> 34:19.540]  They've actually got room to breathe without me stepping on them trying to walk from the
[34:19.540 --> 34:22.220]  bathroom to the other part of the house.
[34:22.220 --> 34:30.780]  So that said, please, if you are able to make any donations to me or enter the network as
[34:30.780 --> 34:33.740]  you're able, please do so.
[34:33.740 --> 34:35.460]  I am in desperate need here.
[34:35.460 --> 34:40.740]  I've got failing equipment that if I don't get replaced, I'm off the air until I do.
[34:40.740 --> 34:43.980]  I can't do anything if my computer equipment dies.
[34:43.980 --> 34:50.160]  If I can't get this stuff fixed and changed out to where the, because where I was living,
[34:50.160 --> 34:54.220]  they were constantly overheating because the AC didn't work all that well.
[34:54.220 --> 34:55.220]  I get moved here.
[34:55.220 --> 35:02.300]  The AC would, we've had the AC folks out here four or five different times at the new location
[35:02.300 --> 35:08.360]  because the AC kept going out, and it would get to 105 degrees inside this house.
[35:08.360 --> 35:13.740]  So I couldn't even run the computer equipment without them burning themselves up.
[35:13.740 --> 35:17.860]  But through all those years of use, the stress has gotten to them, and they're starting to
[35:17.860 --> 35:23.220]  show their age and where, and I really, really, really need your help to fix that.
[35:23.220 --> 35:28.180]  So if you're able, please consider going to ruleoflawradio.com.
[35:28.180 --> 35:36.300]  There is no donation place for me directly on logosradionetwork.com.
[35:36.300 --> 35:40.860]  There's only the one that exists on ruleoflawradio.com under donations.
[35:40.860 --> 35:44.420]  So if you're able, please consider going and doing that.
[35:44.420 --> 35:46.860]  I could really, really use the help.
[35:46.860 --> 35:47.860]  All right.
[35:47.860 --> 35:50.500]  That said, let's get into the calls.
[35:50.500 --> 35:52.580]  First up appears to be Chris in Colorado.
[35:52.580 --> 35:54.580]  Chris, what can we do for you?
[35:54.580 --> 35:55.580]  Hey, Eddie.
[35:55.580 --> 35:57.820]  Good to hear you back on the air.
[35:57.820 --> 35:58.820]  Check down and come back.
[35:58.820 --> 35:59.820]  Well, thank you.
[35:59.820 --> 36:05.260]  It's been a very hectic first quarter of this year, believe me, well, first and second quarter
[36:05.260 --> 36:08.260]  for that matter.
[36:08.260 --> 36:09.260]  Yeah.
[36:09.260 --> 36:12.300]  Well, I got a quick technical thing.
[36:12.300 --> 36:17.980]  I think I got it how I'm going to plan it, but something stupid happened in my case.
[36:17.980 --> 36:20.940]  And I filed an amended complaint.
[36:20.940 --> 36:22.660]  I got it in on the deadline.
[36:22.660 --> 36:27.420]  I got a notice from the clerk that it was, I got a stamp copy from the court, but the
[36:27.420 --> 36:30.500]  clerk forgot to put it into the docket.
[36:30.500 --> 36:35.100]  And I just glazed over it because I got an email with an approval and a stamp, and so
[36:35.100 --> 36:36.580]  I thought it was in the docket and it wasn't.
[36:36.580 --> 36:43.660]  So defense thought that would be a cool, cool game to play to teach a pro se a lesson.
[36:43.660 --> 36:48.140]  And they answered the wrong complaint, the previous complaint.
[36:48.140 --> 36:52.160]  So when I got to my status hearing, the judge says we never received it.
[36:52.160 --> 36:56.820]  He issued discovery and now we're doing discovery on the wrong complaint.
[36:56.820 --> 36:58.900]  So I sent them an email.
[36:58.900 --> 37:00.860]  You have proof that it was filed.
[37:00.860 --> 37:03.700]  Yeah, it's already been corrected.
[37:03.700 --> 37:07.740]  The head clerk, I called him last Tuesday and I said, what happened?
[37:07.740 --> 37:10.100]  He says, oh my God, I'm so sorry, that's on us.
[37:10.100 --> 37:12.940]  So he got a touch with the judge, but he corrected it that day.
[37:12.940 --> 37:18.620]  So he puts it into the docket and it shows a filing of a month previous, but it shows
[37:18.620 --> 37:21.460]  that it hit the docket on the 26th.
[37:21.460 --> 37:28.140]  So I let defense know, I said, look, you guys, defense has had a copy since the 22nd of June
[37:28.140 --> 37:32.060]  too, because I gave him a courtesy copy, right?
[37:32.060 --> 37:33.460]  So I let them know.
[37:33.460 --> 37:39.180]  I said, look, I understand it was a mistake by the clerk, but it's been corrected.
[37:39.180 --> 37:44.460]  I will agree to 21 day extension since the day of the correction for you guys to answer
[37:44.460 --> 37:45.460]  it.
[37:45.460 --> 37:46.460]  Do you intend to answer it?
[37:46.460 --> 37:50.500]  And they got back to me and they basically said, we want the judge to make us order us
[37:50.500 --> 37:53.260]  to do it.
[37:53.260 --> 37:57.020]  So that's my question is how do I make the judge order them to do it?
[37:57.020 --> 38:00.500]  I got a status hearing tomorrow with a magistrate judge.
[38:00.500 --> 38:05.020]  Well, then you make a motion to the judge to do that.
[38:05.020 --> 38:09.540]  And you bring up the fact that it was the fault of the court that it was not on the
[38:09.540 --> 38:10.540]  docket.
[38:10.540 --> 38:13.660]  It was not your fault.
[38:13.660 --> 38:15.020]  It was filed timely.
[38:15.020 --> 38:16.900]  It should have been placed on the docket.
[38:16.900 --> 38:21.660]  You have an admission from the clerk that it was the court that failed to put it on
[38:21.660 --> 38:25.620]  the docket at the proper time, et cetera, et cetera.
[38:25.620 --> 38:34.260]  And so you move the court to order the other side to answer the new complaint, the amended
[38:34.260 --> 38:36.860]  complaint as filed.
[38:36.860 --> 38:45.300]  And then you say, I am willing to agree to a 21 day extension to allow them to do that.
[38:45.300 --> 38:49.340]  But I do recommend you take a written motion in there for that purpose.
[38:49.340 --> 38:51.860]  It doesn't have to be long.
[38:51.860 --> 39:01.460]  It just needs to say, I hereby move the court to order defense counsel to answer the amended
[39:01.460 --> 39:07.380]  complaint filed on such and such date and such and such time that the court itself failed
[39:07.380 --> 39:10.060]  to place on the docket timely.
[39:10.060 --> 39:11.060]  Okay.
[39:11.060 --> 39:12.060]  All right.
[39:12.060 --> 39:13.060]  That all sounds reasonable.
[39:13.060 --> 39:14.060]  It should be.
[39:14.060 --> 39:15.060]  I'll tell them.
[39:15.060 --> 39:16.060]  Yeah.
[39:16.060 --> 39:17.060]  I'll do that.
[39:17.060 --> 39:27.060]  I wanted to be, I feel like, I mean, I'm pro se, most of us are pro se to call in here,
[39:27.060 --> 39:28.060]  right?
[39:28.060 --> 39:29.060]  So...
[39:29.060 --> 39:30.060]  Yeah.
[39:30.060 --> 39:32.700]  Now, one thing I would suggest, I don't mean to interrupt you, but the other thing I suggest
[39:32.700 --> 39:37.960]  is try to see if you can find any case law that supports the judge having to do this
[39:37.960 --> 39:41.340]  if it's proven that the court itself was the cause of the problem.
[39:41.340 --> 39:42.340]  Oh, yeah.
[39:42.340 --> 39:46.660]  I know you got a very short amount of time to find it, but if you can find it, all it
[39:46.660 --> 39:48.620]  does is strengthen your position.
[39:48.620 --> 39:54.420]  Well, the main judge sent the case to the magistrate judge.
[39:54.420 --> 39:57.540]  We're going to settlement conference, like, sometime in September, October.
[39:57.540 --> 39:58.540]  So now it's discovery.
[39:58.540 --> 39:59.540]  So...
[39:59.540 --> 40:04.820]  Yeah, but if you're getting discovery on the wrong motion, wrong complaint, that doesn't
[40:04.820 --> 40:05.820]  help you.
[40:05.820 --> 40:06.820]  No.
[40:06.820 --> 40:09.740]  What we're going to be doing both at the same time, we're going to be dealing with litigation
[40:09.740 --> 40:15.340]  for the complaints, and we're also going to be doing discovery on stuff that is allowed.
[40:15.340 --> 40:20.220]  It's a mess, but I'm trying to use it to my advantage because they're a big law firm,
[40:20.220 --> 40:21.220]  right?
[40:21.220 --> 40:22.220]  And they're trying to slap the pro se.
[40:22.220 --> 40:26.820]  And they actually said to the judge, Judge, we did receive a copy in the 22nd of an alleged
[40:26.820 --> 40:27.820]  complaint.
[40:27.820 --> 40:31.780]  They admitted to getting it, but it wasn't on the docket, so we had to answer the first
[40:31.780 --> 40:32.780]  complaint.
[40:32.780 --> 40:36.460]  And the judge, you know, it's federal court, so the judge kind of said, okay, yeah.
[40:36.460 --> 40:41.860]  But he now knows, his clerk knows, and the clerk hinted it to the other clerk.
[40:41.860 --> 40:46.660]  His personal clerk hinted to the intake clerk that, and most of the times in this, he makes
[40:46.660 --> 40:52.060]  an order to make them answer, since it was the court's mistake.
[40:52.060 --> 40:55.660]  What I'm trying to do is put a bunch of heat on these guys and slap them back.
[40:55.660 --> 41:01.860]  So I'm trying to make it so they only have 21 days since the correction.
[41:01.860 --> 41:03.380]  And I don't want 21 days from tomorrow.
[41:03.380 --> 41:05.700]  I want 21 days from the correction, which is a week ago.
[41:05.700 --> 41:09.580]  So they have 14 days now, because they've had that complaint...
[41:09.580 --> 41:12.260]  Well, then write your motion up that way.
[41:12.260 --> 41:13.260]  Okay.
[41:13.260 --> 41:14.260]  Okay.
[41:14.260 --> 41:19.940]  They were given timely notice.
[41:19.940 --> 41:22.120]  They knew that it had been filed.
[41:22.120 --> 41:25.460]  They don't get to play games like the court itself.
[41:25.460 --> 41:29.020]  Now if the court had ordered that they would not accept the amended complaint, that would
[41:29.020 --> 41:32.020]  be a different story.
[41:32.020 --> 41:37.580]  No, the court gave me 30 days to put that amended complaint in.
[41:37.580 --> 41:38.580]  No, I know.
[41:38.580 --> 41:40.100]  That's what I'm saying.
[41:40.100 --> 41:47.380]  But the only way they could justify not answering it was if the court had issued an order saying
[41:47.380 --> 41:49.660]  this complaint will not be heard.
[41:49.660 --> 41:51.660]  It will not be changed.
[41:51.660 --> 41:53.800]  That's the only way they could get away with doing that.
[41:53.800 --> 41:59.300]  They knew damn good and well that you had filed it and that the judge had ordered the
[41:59.300 --> 42:01.980]  time for you to file it.
[42:01.980 --> 42:08.420]  So for them to say they don't want to answer it because it's not on the docket, does the
[42:08.420 --> 42:13.660]  clock requiring an answer to the complaint start when it hits the docket or when it's
[42:13.660 --> 42:14.660]  filed?
[42:14.660 --> 42:15.660]  Good point.
[42:15.660 --> 42:16.660]  Very good point.
[42:16.660 --> 42:21.660]  It starts from when it's filed.
[42:21.660 --> 42:25.900]  Yes, it does.
[42:25.900 --> 42:33.260]  So you want to play games with them, stick them with the original timeline.
[42:33.260 --> 42:40.340]  Their game just backed them into a short-order corner.
[42:40.340 --> 42:42.140]  I'm going to bring that up to the magistrate tomorrow.
[42:42.140 --> 42:45.500]  They're trying to hide behind the magistrate and the judge and the docket.
[42:45.500 --> 42:47.700]  I'm going to bring it up that this is a game.
[42:47.700 --> 42:48.700]  Yeah.
[42:48.700 --> 42:54.660]  They're trying to hide their requirement to answer in a timely manner behind the court's
[42:54.660 --> 43:02.260]  failure to docket the motion, in which case I don't see how the court could allow them
[43:02.260 --> 43:07.780]  to get away with that because it makes the court look partial to the defense.
[43:07.780 --> 43:11.820]  They could, yeah.
[43:11.820 --> 43:15.060]  And now they know, so we'll see what they do, but I'm sure they're going to make an
[43:15.060 --> 43:16.180]  order for them to answer.
[43:16.180 --> 43:18.780]  I want them to have very little time.
[43:18.780 --> 43:24.880]  Well, like I said, if the rules of procedure are they have to answer from the date of filing,
[43:24.880 --> 43:30.620]  they have X days from the date it's filed, not docketed, then you've got all the legal
[43:30.620 --> 43:32.180]  legs to stand on you need.
[43:32.180 --> 43:37.380]  All you got to do is cite the rule of procedure that states when an answer has to be filed
[43:37.380 --> 43:40.820]  and according to what date, starting date.
[43:40.820 --> 43:41.820]  Okay.
[43:41.820 --> 43:46.580]  I don't have to look that up at all, but it's all right.
[43:46.580 --> 43:50.620]  I won't be prepared for that tomorrow, but I can get that later on if needed.
[43:50.620 --> 43:56.100]  All right, man, well, I've got to take a break, so hang on and we'll wrap it up on the other
[43:56.100 --> 43:57.100]  side, okay?
[43:57.100 --> 43:58.100]  Okay.
[43:58.100 --> 43:59.100]  Okay.
[43:59.100 --> 44:04.020]  Are you the plaintiff or defendant in a lawsuit?
[44:04.020 --> 44:10.780]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
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[45:01.300 --> 45:02.300]  I love Logos.
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[46:00.060 --> 46:01.060]  All right, folks.
[46:01.060 --> 46:02.060]  We are back.
[46:02.060 --> 46:28.780]  This is Rule of Law Radio, calling number 512-646-1984.
[46:28.780 --> 46:30.620]  And as soon as this gets where I want it here.
[46:30.620 --> 46:31.620]  All right.
[46:31.620 --> 46:32.620]  All right.
[46:32.620 --> 46:33.620]  So we're going to finish up with Chris in Colorado.
[46:33.620 --> 46:34.620]  All right, Chris.
[46:34.620 --> 46:35.620]  Go ahead.
[46:35.620 --> 46:40.900]  So just a, I don't know, just an insight view.
[46:40.900 --> 46:46.620]  So my second complaint, he had a lot of technical stuff just throughout some of it, kept some
[46:46.620 --> 46:50.300]  of it, but he wanted some super clarification on fraud claims.
[46:50.300 --> 46:54.580]  So my third one was pretty damning, actually.
[46:54.580 --> 46:59.700]  It definitely touched upon it, had evidence of the fraud for exhibits, had evidence of
[46:59.700 --> 47:01.820]  the conspiracy and the aiding and bedding.
[47:01.820 --> 47:04.100]  It's got a lot of receipts and everything in there.
[47:04.100 --> 47:07.380]  So it's pretty damn clear what happened.
[47:07.380 --> 47:08.780]  I'm just speculating.
[47:08.780 --> 47:12.340]  Maybe this is just a standard move they make when somebody's making a mistake, but I'm
[47:12.340 --> 47:16.100]  wondering if they really don't want to answer this third complaint because they know that's
[47:16.100 --> 47:17.100]  it.
[47:17.100 --> 47:18.100]  That hooks them all in.
[47:18.100 --> 47:19.980]  Well, they may.
[47:19.980 --> 47:22.220]  That may be the game they're playing.
[47:22.220 --> 47:25.060]  They may have something else up their sleeve.
[47:25.060 --> 47:29.060]  But your job in this is to put them in a tank top.
[47:29.060 --> 47:31.580]  That way they can't have anything up their sleeve.
[47:31.580 --> 47:33.620]  Yeah, I'm trying.
[47:33.620 --> 47:38.980]  I mean, again, I'm pro se against the whole damn law firm, but it's when you got to...
[47:38.980 --> 47:45.100]  Believe me, that's not as big a problem as it sounds like.
[47:45.100 --> 47:48.300]  You're probably right.
[47:48.300 --> 47:58.100]  So what do you think about me doing a, you know, Randy's real big on doing fraud grievances.
[47:58.100 --> 48:02.460]  And I'm wondering if this constitutes bar grievance because what they're doing is they're
[48:02.460 --> 48:06.740]  basically doing excessive work to bill their client more money.
[48:06.740 --> 48:11.260]  Well, you can complain them for professional misconduct.
[48:11.260 --> 48:12.260]  Okay.
[48:12.260 --> 48:18.460]  They had a duty to their client to comply with the law in a timely manner to protect
[48:18.460 --> 48:23.820]  the interest of their client, and their money is their interest, no doubt about it.
[48:23.820 --> 48:25.820]  Okay.
[48:25.820 --> 48:35.460]  So yeah, I would agree they're doing this to collect more fees from their client, but...
[48:35.460 --> 48:36.900]  I think that's worthy of a complaint.
[48:36.900 --> 48:38.460]  I think that'd be another slap against them.
[48:38.460 --> 48:41.900]  Yeah, you might even want to notify their client.
[48:41.900 --> 48:47.540]  I mean, I guess you can't talk directly to their client, but it would be something if
[48:47.540 --> 48:51.980]  somehow or other the client found out that their attorneys were doing things so that
[48:51.980 --> 48:58.220]  they could bill them more money that they shouldn't have been doing in the first place.
[48:58.220 --> 49:03.740]  But don't ruin your chances by contacting their client directly.
[49:03.740 --> 49:04.740]  Don't do that.
[49:04.740 --> 49:05.740]  Okay.
[49:05.740 --> 49:08.260]  Don't contact them at all.
[49:08.260 --> 49:13.860]  Just do what you got to do as far as the attorneys themselves go, and stick with that.
[49:13.860 --> 49:18.340]  If you want, the client, the client's the one that's going to wind up paying for this
[49:18.340 --> 49:24.060]  out of the way, if you win any of them.
[49:24.060 --> 49:29.380]  Well, there's a way to probably let them know that, but I'm wondering, have you seen bar
[49:29.380 --> 49:34.940]  grievances back a lawyer up enough where they start to behave a little differently?
[49:34.940 --> 49:41.820]  Well, since what is determined about a bar grievance is kept secret, we have no idea
[49:41.820 --> 49:46.340]  of knowing what backs an attorney up or not.
[49:46.340 --> 49:51.580]  The only way you could know for sure whether something's changed is if their insurance
[49:51.580 --> 50:01.540]  company told you, but since the results of the filing of a bar grievance are kept secret
[50:01.540 --> 50:06.340]  by the state bar associations, you won't know what effect your bar grievance has actually
[50:06.340 --> 50:07.340]  had.
[50:07.340 --> 50:08.340]  Okay.
[50:08.340 --> 50:09.340]  I've heard both sides.
[50:09.340 --> 50:15.100]  I've heard it doesn't phase them, and I've heard all law firms quit because of enough
[50:15.100 --> 50:16.100]  bar grievances.
[50:16.100 --> 50:19.380]  And that's possibly true, okay?
[50:19.380 --> 50:23.700]  But the only one that could tell you that for sure is one of the lawyers.
[50:23.700 --> 50:27.540]  They're the only one who can tell you, oh yeah, you put me on my heels with that.
[50:27.540 --> 50:29.420]  I had to change the way I was doing things.
[50:29.420 --> 50:36.380]  They're the only one that can tell you that and be trustworthy in saying it, because they're
[50:36.380 --> 50:45.220]  the only ones that would have any information as to what happened to them, if anything.
[50:45.220 --> 50:50.540]  I've heard somebody said file for default, but I think it's a little premature to file
[50:50.540 --> 50:52.420]  for default on the defense, because-
[50:52.420 --> 50:57.740]  Yeah, you're not going to get a default until they fail to answer timely and are past the
[50:57.740 --> 50:59.060]  time to answer.
[50:59.060 --> 51:05.260]  Now, remember, however, if they fail to address every single point, then that point is conceded
[51:05.260 --> 51:07.460]  in your favor.
[51:07.460 --> 51:12.620]  And you can ask for a default judgment on anything they do not answer.
[51:12.620 --> 51:19.580]  Okay, so as soon as the judge says, okay, here's your deadline to get to address the
[51:19.580 --> 51:24.700]  correct complaint, and hopefully I can get that shortened, because they've had possession
[51:24.700 --> 51:26.020]  of it for quite a while now.
[51:26.020 --> 51:28.460]  And then if they miss anything, then we go default.
[51:28.460 --> 51:32.260]  If they don't miss anything, we just move forward with the new complaint.
[51:32.260 --> 51:33.260]  Correct.
[51:33.260 --> 51:34.260]  Okay.
[51:34.260 --> 51:35.260]  All right.
[51:35.260 --> 51:37.780]  I think I got a good answer.
[51:37.780 --> 51:44.980]  If the point that they fail to address isn't a full claim, it's only a part of a claim,
[51:44.980 --> 51:49.460]  you will probably be able to get default on that.
[51:49.460 --> 51:54.460]  But if that claim is integral to the getting of another, you won't be able to get a default
[51:54.460 --> 51:56.580]  on it until the other one's settled.
[51:56.580 --> 51:59.540]  So just keep that in mind.
[51:59.540 --> 52:00.820]  Okay.
[52:00.820 --> 52:04.540]  This is why you're supposed to have your causes of action blocked out.
[52:04.540 --> 52:10.500]  If they fail to respond to a pertinent point of each of a specific cause of action, then
[52:10.500 --> 52:16.800]  you have gotten the default on that entire cause of action.
[52:16.800 --> 52:21.860]  But if your causes of action are dependent upon one another, then you've locked it in
[52:21.860 --> 52:28.020]  where you can't get anything unless they all go where they're supposed to.
[52:28.020 --> 52:29.020]  I see.
[52:29.020 --> 52:30.020]  Yeah.
[52:30.020 --> 52:36.460]  No, fraud and aiding and abetting, those are combined, but the rest of them are pretty
[52:36.460 --> 52:37.460]  separate.
[52:37.460 --> 52:38.460]  Yeah.
[52:38.460 --> 52:39.460]  But how many counts of fraud?
[52:39.460 --> 52:40.460]  How many types of fraud?
[52:40.460 --> 52:42.180]  Well, I've got two we're going for.
[52:42.180 --> 52:43.180]  Okay.
[52:43.180 --> 52:44.900]  So you've got two counts of fraud.
[52:44.900 --> 52:48.900]  So if you can show that those two counts of fraud are independent and you wrote them as
[52:48.900 --> 52:53.900]  being independent and not interlocked, then they don't answer one of them, then you can
[52:53.900 --> 52:57.180]  get a default on that one.
[52:57.180 --> 52:59.180]  Okay.
[52:59.180 --> 53:05.140]  Yeah, they're not really, they're definitely separate, they're common law fraud and consumer
[53:05.140 --> 53:06.140]  fraud.
[53:06.140 --> 53:07.140]  Okay.
[53:07.140 --> 53:08.140]  All right.
[53:08.140 --> 53:09.140]  I guess that's it.
[53:09.140 --> 53:10.140]  Good to hear you back, man.
[53:10.140 --> 53:11.140]  Good luck with everything.
[53:11.140 --> 53:12.140]  Thanks.
[53:12.140 --> 53:13.140]  Appreciate it.
[53:13.140 --> 53:14.140]  Glad to be here.
[53:14.140 --> 53:15.140]  Yeah.
[53:15.140 --> 53:16.140]  Cool.
[53:16.140 --> 53:17.140]  Thank you, Eddie.
[53:17.140 --> 53:18.140]  Well, good luck with it, man.
[53:18.140 --> 53:19.140]  I appreciate it.
[53:19.140 --> 53:20.140]  Thanks.
[53:20.140 --> 53:21.140]  Yep.
[53:21.140 --> 53:26.140]  All right.
[53:26.140 --> 53:29.220]  Next caller up is Jesse in California.
[53:29.220 --> 53:31.220]  Jesse, what can we do for you?
[53:31.220 --> 53:34.300]  Hey, Eddie, how are you?
[53:34.300 --> 53:36.300]  I'm good so far.
[53:36.300 --> 53:38.300]  Good to hear.
[53:38.300 --> 53:44.820]  So I have procrastinated for four years and I have a whole bunch of lawsuits backed up,
[53:44.820 --> 53:45.820]  but...
[53:45.820 --> 53:46.820]  Okay.
[53:46.820 --> 53:47.820]  Wait, wait, wait.
[53:47.820 --> 53:48.820]  Back up.
[53:48.820 --> 53:49.820]  You were what for four years?
[53:49.820 --> 53:50.820]  Procrastinating.
[53:50.820 --> 53:51.820]  Oh, okay.
[53:51.820 --> 53:52.820]  You were procrastinating.
[53:52.820 --> 53:53.820]  Yeah.
[53:53.820 --> 53:54.820]  Okay.
[53:54.820 --> 54:03.260]  So I just did my information request and I was just curious if, because I know you get
[54:03.260 --> 54:08.260]  California callers, if anybody has changed your subject matter, your challenging subject
[54:08.260 --> 54:11.180]  matter jurisdiction into the California law grid.
[54:11.180 --> 54:14.700]  If they have, they haven't told me about it.
[54:14.700 --> 54:15.700]  Okay.
[54:15.700 --> 54:16.700]  Yeah.
[54:16.700 --> 54:17.700]  Yeah.
[54:17.700 --> 54:22.220]  That's the only thing I have about people all over the states using my material in their
[54:22.220 --> 54:23.220]  cases.
[54:23.220 --> 54:29.900]  If they don't tell me how they've adapted it to their state, then I have no idea.
[54:29.900 --> 54:34.180]  If they don't tell it to me and send me a copy of it so that I can integrate it into
[54:34.180 --> 54:40.340]  the seminar so that now we've got material for each state as it goes by over time, then
[54:40.340 --> 54:41.900]  I have no idea.
[54:41.900 --> 54:43.900]  For sure.
[54:43.900 --> 54:44.900]  And what is your seminar?
[54:44.900 --> 54:47.820]  Is that the law class, the Tao of Law?
[54:47.820 --> 54:53.740]  No, the Tao of Law is an actual weekly class that we do online.
[54:53.740 --> 54:54.740]  We do it over Zoom.
[54:54.740 --> 54:58.780]  Used to it was a live class down at Brave New Books in Austin.
[54:58.780 --> 55:05.420]  The seminar is actually a book and a whole bunch of legal document templates.
[55:05.420 --> 55:13.500]  But now everything in the book and the templates is specific to Texas law, but it's really
[55:13.500 --> 55:21.140]  good reading and research information so that you can adapt them to your state far more
[55:21.140 --> 55:26.140]  easily than you could trying to learn it from scratch and doing the research on your own.
[55:26.140 --> 55:28.940]  That's just a benefit at the moment in other states.
[55:28.940 --> 55:29.940]  For sure.
[55:29.940 --> 55:34.620]  And is that the one, the only seminar that's on the law website right now?
[55:34.620 --> 55:35.620]  It is.
[55:35.620 --> 55:36.900]  That's the original version.
[55:36.900 --> 55:41.420]  However, I have been working diligently on a new version, which I'm hoping to have out
[55:41.420 --> 55:44.940]  before the end of the year, but I can't guarantee that.
[55:44.940 --> 55:49.340]  The way things keep going for me, I'll get to work on it for a couple of weeks, and then
[55:49.340 --> 55:53.580]  suddenly I'm off of it for two months because of something else that's going on.
[55:53.580 --> 55:57.860]  So I can't guarantee it one way or the other, but I'm trying.
[55:57.860 --> 56:02.260]  It doesn't help that I'm one guy trying to do the work of 15 people and getting it written
[56:02.260 --> 56:03.260]  and put together.
[56:03.260 --> 56:04.260]  I hear that.
[56:04.260 --> 56:07.700]  Well, that's another thing I want to talk to you about, which I would like to start
[56:07.700 --> 56:12.220]  doing, trying to inspire people to get more motivated out here in California.
[56:12.220 --> 56:16.660]  The way I've talked to people out here, we're all tired of the corruption, and people need
[56:16.660 --> 56:19.020]  to know more about what these corrupt cops are doing.
[56:19.020 --> 56:23.060]  Just from what I've experienced in the last four years, it's mind-boggling how corrupt
[56:23.060 --> 56:24.540]  these cops are.
[56:24.540 --> 56:31.740]  Yeah, I've started a YouTube channel that I'm going to be putting info videos up on.
[56:31.740 --> 56:32.740]  They'll be short ones.
[56:32.740 --> 56:36.980]  They won't go into as much detail as I do even here on the radio show, but they'll be
[56:36.980 --> 56:41.580]  15 to 30-minute videos that go into at least things I can cover in that amount of time
[56:41.580 --> 56:46.900]  or at least give you a good enough taste of to understand and want to know more.
[56:46.900 --> 56:52.180]  And then the goal there is to get people to come to the class and to also get the seminar
[56:52.180 --> 56:54.060]  material to learn from.
[56:54.060 --> 57:01.720]  But it's Tao of Law, T-A-O-O-F-L-A-W, three separate words, on YouTube.
[57:01.720 --> 57:07.260]  And right now, I've only got the video up there that shows you what the class, the new
[57:07.260 --> 57:10.960]  class format video is going to look like.
[57:10.960 --> 57:13.700]  So you can look at that and see whether or not you want to actually participate in the
[57:13.700 --> 57:15.860]  online class, which you do by subscription.
[57:15.860 --> 57:16.860]  For sure.
[57:16.860 --> 57:20.260]  And that's the $80 a month or whatever, right?
[57:20.260 --> 57:21.260]  Yes.
[57:21.260 --> 57:22.900]  If you pay for it monthly, it's $80 a month.
[57:22.900 --> 57:27.940]  If you do six months and pay for the six up front, there's a 10% discount.
[57:27.940 --> 57:31.700]  And if you pay for a year in advance, there's a 15% discount.
[57:31.700 --> 57:32.700]  For sure.
[57:32.700 --> 57:36.060]  And is that the best way to donate, or, I mean, other than just straight up donating
[57:36.060 --> 57:37.060]  Tao of Law?
[57:37.060 --> 57:44.860]  Well, I mean, it is if you actually want to have, to be able to talk with me directly
[57:44.860 --> 57:48.260]  during class and ask questions and look at information.
[57:48.260 --> 57:52.660]  If you want that hands-on with me, then yes, it's most assuredly the best option.
[57:52.660 --> 57:53.660]  Yes, I want that.
[57:53.660 --> 57:57.620]  And like I said, I want to start getting to class so I can, if I start making money teaching
[57:57.620 --> 58:01.900]  people, then I can just forward that money right over to you to see if you can get your
[58:01.900 --> 58:02.900]  computer.
[58:02.900 --> 58:03.900]  All right.
[58:03.900 --> 58:06.460]  Because I, I know I've been practicing it for four years, but I was seriously motivated.
[58:06.460 --> 58:10.260]  Like this one ticket I got, I was literally, I just had the day off and I was following
[58:10.260 --> 58:11.700]  a police officer.
[58:11.700 --> 58:17.500]  And she entrapped me by committing and using her emergency light in an appropriate way
[58:17.500 --> 58:19.260]  to commit a U-turn.
[58:19.260 --> 58:22.420]  And that she, because I was following behind her, that she was watching me do it.
[58:22.420 --> 58:24.460]  And then she then pulled me over and I said, thank you for it.
[58:24.460 --> 58:28.100]  And it's just like, really, you're going to trap me like that.
[58:28.100 --> 58:29.100]  All right.
[58:29.100 --> 58:30.300]  Well, hang on just a second, Jesse, unless you're done.
[58:30.300 --> 58:33.300]  I've got to take a break, but I'll pick you up on the other side if you're still here.
[58:33.300 --> 58:34.300]  Okay?
[58:34.300 --> 58:35.300]  All right.
[58:35.300 --> 58:36.300]  I'll be there.
[58:36.300 --> 58:37.300]  All right.
[58:37.300 --> 58:38.300]  Thanks.
[58:38.300 --> 58:39.300]  All right, folks.
[58:39.300 --> 58:41.300]  512-646-1984 is the call-in number.
[58:41.300 --> 58:42.300]  Give us a call.
[58:42.300 --> 58:43.300]  Let's talk.
[58:43.300 --> 58:44.300]  I got, oh, what?
[58:44.300 --> 58:47.060]  I got an hour left in this show, so I got plenty of time to talk to y'all.
[58:47.060 --> 58:50.260]  Get in line and let's do it.
[58:50.260 --> 58:55.700]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.700 --> 58:58.500]  because they struggle to understand it.
[58:58.500 --> 59:03.900]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.900 --> 59:07.140]  the profound meaning of the scripture.
[59:07.140 --> 59:08.900]  Enter the recovery version.
[59:08.900 --> 59:14.840]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[59:23.780 --> 59:28.260]  the riches of the Word beyond which you've ever experienced before.
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[59:33.420 --> 59:43.860]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.860 --> 59:47.940]  or by ordering online at freestudybible.com.
[59:47.940 --> 01:00:00.980]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:00.980 --> 01:00:04.620]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:04.620 --> 01:00:08.080]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.080 --> 01:00:09.580]  Our liberty depends on it.
[01:00:09.580 --> 01:00:13.460]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:13.460 --> 01:00:16.580]  one of your constitutional rights.
[01:00:16.580 --> 01:00:18.180]  Privacy is under attack.
[01:00:18.180 --> 01:00:21.780]  When you give up data about yourself, you'll never get it back again.
[01:00:21.780 --> 01:00:26.580]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:26.580 --> 01:00:31.740]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:31.740 --> 01:00:34.340]  Privacy, it's worth hanging on to.
[01:00:34.340 --> 01:00:38.620]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:38.620 --> 01:00:42.160]  engine alternative to Google, Yahoo, and Bing.
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[01:00:45.740 --> 01:00:50.100]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[01:00:50.100 --> 01:00:52.180]  of Rights in a big old bear hug.
[01:00:52.180 --> 01:00:56.660]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[01:00:56.660 --> 01:01:00.500]  that embrace our freedoms and won't let anyone take them away without a fight.
[01:01:00.500 --> 01:01:01.500]  Get it?
[01:01:01.500 --> 01:01:03.820]  Two arms, bear hug, bear arms?
[01:01:03.820 --> 01:01:07.420]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[01:01:07.420 --> 01:01:13.180]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[01:01:13.180 --> 01:01:17.700]  rights, one more safeguard against the tyranny which now appears remote in America, but which
[01:01:17.700 --> 01:01:20.460]  historically has proved to always be possible.
[01:01:20.460 --> 01:01:22.300]  I'm Dr. Catherine Albrecht.
[01:01:22.300 --> 01:01:24.780]  More news and information at CatherineAlbrecht.com.
[01:01:24.780 --> 01:01:37.780]  You may think our brains deteriorate with age, but new research shows that as brains
[01:01:37.780 --> 01:01:40.220]  get older, they actually work more efficiently.
[01:01:40.220 --> 01:01:45.740]  I'm Dr. Catherine Albrecht, back with new research on how aging makes the mind sharper
[01:01:45.740 --> 01:01:47.500]  after this.
[01:01:47.500 --> 01:01:49.220]  Privacy is under attack.
[01:01:49.220 --> 01:01:52.820]  When you give up data about yourself, you'll never get it back again.
[01:01:52.820 --> 01:01:57.820]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.820 --> 01:01:59.020]  So protect your rights.
[01:01:59.020 --> 01:02:03.020]  Say no to surveillance and keep your information to yourself.
[01:02:03.020 --> 01:02:05.580]  Privacy, it's worth hanging on to.
[01:02:05.580 --> 01:02:11.220]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:02:11.220 --> 01:02:12.940]  Yahoo and Bing.
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[01:02:16.580 --> 01:02:21.060]  It's a widely held notion that the older people get, the more doddering they become.
[01:02:21.060 --> 01:02:26.820]  But new research shows that even as our brains age, they can actually become more efficient.
[01:02:26.820 --> 01:02:33.740]  Scientists ask two groups of volunteers, one age 18 to 35 and the other 55 to 75, to associate
[01:02:33.740 --> 01:02:35.620]  different words with given topics.
[01:02:35.620 --> 01:02:38.820]  At one point, they told everyone they'd made a mistake.
[01:02:38.820 --> 01:02:42.620]  When that happened, the younger group's brains lit up and lost focus.
[01:02:42.620 --> 01:02:47.500]  But the older group's brains didn't even flinch and they stayed focused on solving the next
[01:02:47.500 --> 01:02:48.500]  task.
[01:02:48.500 --> 01:02:49.500]  The moral?
[01:02:49.500 --> 01:02:51.060]  There's something to be said for experience.
[01:02:51.060 --> 01:03:16.980]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:16.980 --> 01:03:18.740]  All right, folks, we are back.
[01:03:18.740 --> 01:03:25.340]  This is Rule of Law Radio, the call in number 512-646-1984, if you want to call and talk
[01:03:25.340 --> 01:03:26.340]  and get in line.
[01:03:26.340 --> 01:03:29.340]  All right, that said, let's get back to Jesse in California.
[01:03:29.340 --> 01:03:30.340]  All right, Jesse, go ahead.
[01:03:30.340 --> 01:03:36.340]  Well, yeah, I was just telling you about when I had the day off and I was following the
[01:03:36.340 --> 01:03:37.340]  cops.
[01:03:37.340 --> 01:03:41.740]  And she even told me after 20 minutes of being detained and another officer showed up and
[01:03:41.740 --> 01:03:45.740]  was talking to me for a while, she even said, like, if you do this, it's not illegal, but
[01:03:45.740 --> 01:03:49.700]  if you do this again, like, this is what's going to happen, pretty much telling me that
[01:03:49.700 --> 01:03:54.460]  corruption, like, I remember, I forget what laws it was, but California, when you violate
[01:03:54.460 --> 01:04:00.100]  someone's rights, it's a $25,000 violation, and two cops, two violations, and violated
[01:04:00.100 --> 01:04:02.580]  my rights, and procrastinating on that.
[01:04:02.580 --> 01:04:03.580]  I don't even care about the money.
[01:04:03.580 --> 01:04:05.580]  I just hate how corrupt they are.
[01:04:05.580 --> 01:04:08.380]  Well, you said this occurred four years ago?
[01:04:08.380 --> 01:04:09.380]  Yep.
[01:04:09.380 --> 01:04:14.620]  So I'm going to have to get some fraud on something to have the steps of the investigation.
[01:04:14.620 --> 01:04:20.220]  Their problem there is that you've got a very short statute of limitations in such cases
[01:04:20.220 --> 01:04:23.780]  to make such a case.
[01:04:23.780 --> 01:04:29.380]  And in most states, it's either one or two years.
[01:04:29.380 --> 01:04:32.340]  And I'm pretty sure in California, it's one.
[01:04:32.340 --> 01:04:38.260]  Well, I remember my friend, Manny, talking about fraud, I think it's five years.
[01:04:38.260 --> 01:04:43.620]  Well, fraud does not have a statute of limitations until the fraud becomes known.
[01:04:43.620 --> 01:04:50.820]  Okay, but the problem here is, is what act of fraud are you going to have a claim on?
[01:04:50.820 --> 01:04:58.820]  I have to re-look at how he filed the suit, if he can give me a second to look it up on
[01:04:58.820 --> 01:04:59.820]  the USB.
[01:04:59.820 --> 01:05:04.660]  The way he wrote it when he filed suit, that's dismissed, but...
[01:05:04.660 --> 01:05:05.660]  Did he win?
[01:05:05.660 --> 01:05:06.660]  No, I said that's dismissed.
[01:05:06.660 --> 01:05:15.500]  But that's why I'm going to try and re-edit it and see if he can get it to stick.
[01:05:15.500 --> 01:05:18.140]  Well, what is his claim of fraud?
[01:05:18.140 --> 01:05:21.140]  Let me read it.
[01:05:21.140 --> 01:05:28.460]  I think it ties into the unfair business practices, count six.
[01:05:28.460 --> 01:05:29.740]  They're not a business.
[01:05:29.740 --> 01:05:30.740]  That's not going to fly.
[01:05:30.740 --> 01:05:40.620]  Let me just read it real quick, just throw it in the chat.
[01:05:40.620 --> 01:05:48.820]  There's defendants owed a duty to plaintiff and others to not violate their rights and
[01:05:48.820 --> 01:05:54.100]  to act within their scope of their authority in accordance with the laws.
[01:05:54.100 --> 01:05:55.100]  That's not fraud.
[01:05:55.100 --> 01:05:56.100]  Yeah.
[01:05:56.100 --> 01:06:00.940]  That's a violation of rights under color of law.
[01:06:00.940 --> 01:06:07.580]  And that has, I believe, in California, a one-year statute of limitations to sue for.
[01:06:07.580 --> 01:06:09.100]  That's the reason his...
[01:06:09.100 --> 01:06:13.940]  Not only did he state the argument incorrectly as to what he was suing for because fraud
[01:06:13.940 --> 01:06:21.060]  was never going to fly, unfair business practices was never going to fly, but the statute of
[01:06:21.060 --> 01:06:25.500]  limitations would also be an issue.
[01:06:25.500 --> 01:06:29.180]  So it does not surprise me his case was dismissed.
[01:06:29.180 --> 01:06:30.180]  For sure.
[01:06:30.180 --> 01:06:35.460]  I have more recent tickets that have been dismissed and they...
[01:06:35.460 --> 01:06:37.780]  Well, the ticket's a different animal.
[01:06:37.780 --> 01:06:39.060]  We're not talking about your ticket.
[01:06:39.060 --> 01:06:40.940]  We're talking about the stop you're going through.
[01:06:40.940 --> 01:06:42.740]  That's what you're saying you're filing a lawsuit on.
[01:06:42.740 --> 01:06:47.460]  If you're going to file a lawsuit over the citation, then you might be able to make an
[01:06:47.460 --> 01:06:53.100]  argument that the citation itself is an instrument of fraud, but then you've got to prove if
[01:06:53.100 --> 01:06:59.300]  that's an element of the offense in California that the fraud was knowingly committed.
[01:06:59.300 --> 01:07:04.780]  And unfortunately, for all of us, cops are allowed to be stupid.
[01:07:04.780 --> 01:07:09.620]  So proving intent when it comes to that is a whole other issue.
[01:07:09.620 --> 01:07:10.620]  Gotcha.
[01:07:10.620 --> 01:07:11.620]  Yeah.
[01:07:11.620 --> 01:07:18.020]  I'm definitely going to have to take the towel block off so we can talk more about this.
[01:07:18.020 --> 01:07:19.020]  Okay.
[01:07:19.020 --> 01:07:23.340]  So I can get more understanding because I'm definitely fresh to all this, but I want to
[01:07:23.340 --> 01:07:24.340]  try and get all of this to fit.
[01:07:24.340 --> 01:07:27.900]  Regardless if I can't get them for the stuff four years ago, it doesn't matter to me because
[01:07:27.900 --> 01:07:28.900]  I knew I waited too long.
[01:07:28.900 --> 01:07:33.580]  But I wanted to at least try, see what happens.
[01:07:33.580 --> 01:07:37.140]  Well, the problem is, is in order to try, you've got to file.
[01:07:37.140 --> 01:07:39.580]  And to file, that usually costs money.
[01:07:39.580 --> 01:07:44.260]  And all you're doing is throwing money out the window if it's going to get dismissed
[01:07:44.260 --> 01:07:45.260]  out of hand anyway.
[01:07:45.260 --> 01:07:46.260]  I got you.
[01:07:46.260 --> 01:07:50.700]  I did a waiver on my last suit.
[01:07:50.700 --> 01:07:54.460]  Well, if you can get a waiver on this one, that's fine.
[01:07:54.460 --> 01:08:01.180]  But the problem with getting waivers when you file suits and they get tossed, the court
[01:08:01.180 --> 01:08:05.500]  can and will declare you a vexatious litigant.
[01:08:05.500 --> 01:08:10.700]  Then you can never again file a case that the court does not approve of first.
[01:08:10.700 --> 01:08:11.700]  Hmm.
[01:08:11.700 --> 01:08:12.700]  For sure.
[01:08:12.700 --> 01:08:18.300]  Well, they told me when I filed against some insurance segregation specialist that if they
[01:08:18.300 --> 01:08:21.420]  were debt collectors, that I would have a case and I'm about to file my suit against
[01:08:21.420 --> 01:08:22.420]  the debt collectors.
[01:08:22.420 --> 01:08:24.620]  So at least that one will be good.
[01:08:24.620 --> 01:08:25.620]  Won't look retarded.
[01:08:25.620 --> 01:08:26.620]  Well, good luck.
[01:08:26.620 --> 01:08:27.620]  Thank you.
[01:08:27.620 --> 01:08:28.620]  So yeah, I'll let you give that to any callers.
[01:08:28.620 --> 01:08:33.620]  I don't know if you have a long list or not, but yeah, I will definitely look forward to
[01:08:33.620 --> 01:08:34.620]  talking to you on the child law.
[01:08:34.620 --> 01:08:35.620]  Thank you, Eddie.
[01:08:35.620 --> 01:08:36.620]  All right.
[01:08:36.620 --> 01:08:37.620]  Thanks, Jesse.
[01:08:37.620 --> 01:08:38.620]  All right.
[01:08:38.620 --> 01:08:47.220]  Now, our next caller up again, folks, five, one, two, six, four, six, 1984.
[01:08:47.220 --> 01:08:50.580]  If you want to call and talk, let's get on it.
[01:08:50.580 --> 01:08:53.420]  Next caller up is Ron in Oregon.
[01:08:53.420 --> 01:08:54.420]  Ron.
[01:08:54.420 --> 01:08:55.420]  Hello.
[01:08:55.420 --> 01:08:56.420]  Hello.
[01:08:56.420 --> 01:08:57.420]  Yes.
[01:08:57.420 --> 01:08:58.420]  Hello.
[01:08:58.420 --> 01:08:59.420]  Hello.
[01:08:59.420 --> 01:09:00.420]  Hello.
[01:09:00.420 --> 01:09:01.420]  Yes.
[01:09:01.420 --> 01:09:02.420]  Hello.
[01:09:02.420 --> 01:09:03.420]  Hello.
[01:09:03.420 --> 01:09:04.420]  Hello.
[01:09:04.420 --> 01:09:05.420]  Hello.
[01:09:05.420 --> 01:09:09.100]  Yes, I hear you.
[01:09:09.100 --> 01:09:10.100]  Go ahead.
[01:09:10.100 --> 01:09:11.100]  Hi.
[01:09:11.100 --> 01:09:12.100]  Is this Eddie?
[01:09:12.100 --> 01:09:13.100]  It is.
[01:09:13.100 --> 01:09:14.100]  Hi, Eddie.
[01:09:14.100 --> 01:09:15.100]  It's Ron Thompson calling you again from Oregon.
[01:09:15.100 --> 01:09:16.100]  I talked to you last winter.
[01:09:16.100 --> 01:09:17.100]  Yes, sir.
[01:09:17.100 --> 01:09:18.100]  At some point in the US.
[01:09:18.100 --> 01:09:19.100]  Advise me to file a more supportive discovery on this goofy criminal trespass thing.
[01:09:19.100 --> 01:09:20.100]  And we're on the radio.
[01:09:20.100 --> 01:09:21.100]  We're just getting ready to go, right?
[01:09:21.100 --> 01:09:22.100]  No, we're on the radio.
[01:09:22.100 --> 01:09:36.660]  Oh, my goodness, I set the phone down for just a second.
[01:09:36.660 --> 01:09:37.660]  Okay.
[01:09:37.660 --> 01:09:46.460]  So we have just had some interesting developments here in this thing that has to do with our
[01:09:46.460 --> 01:09:52.620]  business, even with the neighboring property, where they added a blue-seam ban that cited
[01:09:52.620 --> 01:09:56.380]  me for criminal trespass.
[01:09:56.380 --> 01:10:04.700]  And so they added up, you know, I filed like 98 pages of documents before this appearance.
[01:10:04.700 --> 01:10:06.940]  And I didn't show up at the thing.
[01:10:06.940 --> 01:10:11.020]  And so they dropped the bench warrant on me.
[01:10:11.020 --> 01:10:13.540]  And I just went on about my business.
[01:10:13.540 --> 01:10:17.820]  And then this guy got over a year went by, and I'm like, I'm getting tired of this stuff.
[01:10:17.820 --> 01:10:21.500]  And so I went out there on my road, and I had to drag off the end of a driveway and
[01:10:21.500 --> 01:10:25.740]  open the gate for my wife to fall without being harassed out there, coming and going
[01:10:25.740 --> 01:10:27.620]  into any type of building or where.
[01:10:27.620 --> 01:10:34.460]  So this clown comes out there and ends up calling the non-emergency phone number and
[01:10:34.460 --> 01:10:36.260]  has these guys hustle in.
[01:10:36.260 --> 01:10:39.300]  And I dropped into my house because that's my wife's apartment.
[01:10:39.300 --> 01:10:42.980]  And they come in here and they arrest me for this bench warrant.
[01:10:42.980 --> 01:10:46.140]  So they haul me to town an hour away.
[01:10:46.140 --> 01:10:51.220]  And it's 3 in the afternoon, 2.15 or something, that's when they got here.
[01:10:51.220 --> 01:10:56.780]  And I'm like telling them the whole time on the drive-in, which he's recording, and I'm
[01:10:56.780 --> 01:11:06.580]  giving him a seminar on law, this stupid sheriff, young bunt, and I'm in 74, by the way.
[01:11:06.580 --> 01:11:09.820]  So we get in there, we deal with that.
[01:11:09.820 --> 01:11:10.820]  And he hauls me.
[01:11:10.820 --> 01:11:11.820]  He takes me to jail.
[01:11:11.820 --> 01:11:14.820]  The warrant specifically says, take me to the courthouse.
[01:11:14.820 --> 01:11:18.020]  And I'm telling this, we're driving through town, and he says, excuse me, I think you
[01:11:18.020 --> 01:11:20.340]  just missed the last turn off at the courthouse.
[01:11:20.340 --> 01:11:25.220]  And he's like, no, we're taking you to jail, if that's not what the warrant says.
[01:11:25.220 --> 01:11:26.940]  And he's like, oh, that's not the warrant I thought.
[01:11:26.940 --> 01:11:30.700]  He just went right ahead and took me to jail and went through the process, and my wife
[01:11:30.700 --> 01:11:35.620]  has come in and dropped a hundred bucks on him, we'll get out and drive home.
[01:11:35.620 --> 01:11:40.900]  And so anyway, that's kidnapping, at that point, as far as I'm concerned, not following
[01:11:40.900 --> 01:11:44.660]  the direct judge's order on the bench warrant.
[01:11:44.660 --> 01:11:46.620]  So anyway, what?
[01:11:46.620 --> 01:11:51.820]  No, it would be kidnapping if he did not have authority to seize you.
[01:11:51.820 --> 01:11:52.820]  He did.
[01:11:52.820 --> 01:11:53.820]  Okay.
[01:11:53.820 --> 01:11:59.780]  He failed to perform his duty properly under the law if he was directed to take you before
[01:11:59.780 --> 01:12:03.220]  the magistrate rather than to jail.
[01:12:03.220 --> 01:12:07.860]  And if there's actually a statute in Oregon that says, even if you're arrested on a warrant,
[01:12:07.860 --> 01:12:14.060]  they have to take you before a magistrate rather than directly to jail, if one is available,
[01:12:14.060 --> 01:12:15.540]  then he's doubly screwed.
[01:12:15.540 --> 01:12:16.540]  Yeah.
[01:12:16.540 --> 01:12:17.540]  Okay.
[01:12:17.540 --> 01:12:23.020]  In which case you have a case of false imprisonment, but you do not have a case of kidnapping.
[01:12:23.020 --> 01:12:24.020]  Okay.
[01:12:24.020 --> 01:12:25.020]  Okay.
[01:12:25.020 --> 01:12:26.020]  Good enough.
[01:12:26.020 --> 01:12:27.020]  That works for me.
[01:12:27.020 --> 01:12:32.020]  Anyway, so then we get an arraignment schedule, and they just give you a date.
[01:12:32.020 --> 01:12:34.380]  They don't even tell you it's an arraignment or anything.
[01:12:34.380 --> 01:12:39.420]  So I go to this arraignment thing, because when I talked to you last, you said to file
[01:12:39.420 --> 01:12:41.900]  a motion to compel the discovery.
[01:12:41.900 --> 01:12:47.620]  Well, they wouldn't give me any discovery until there was an arraignment.
[01:12:47.620 --> 01:12:53.540]  So we got this arraignment, and then we go get some discovery.
[01:12:53.540 --> 01:13:00.980]  And I make it clear, as soon as I got home, I emailed the legal assistant for the sheriff's
[01:13:00.980 --> 01:13:05.780]  office and said, look, I want all that audio, that video, you know, body cam, everything
[01:13:05.780 --> 01:13:06.780]  preserved.
[01:13:06.780 --> 01:13:09.220]  And she said, we'll make sure it's preserved.
[01:13:09.220 --> 01:13:12.460]  And so then we get this arraignment, so then we can get discovery.
[01:13:12.460 --> 01:13:17.580]  Well, the first thing they do is they go out to the DA's office, wants to charge us money
[01:13:17.580 --> 01:13:22.940]  for this discovery stuff, what's the file that the DA is going to use in court.
[01:13:22.940 --> 01:13:28.140]  And I look at the law, and I'm like, it doesn't say anything about them charging money.
[01:13:28.140 --> 01:13:33.620]  The DA shall provide discovery immediately after arraignment.
[01:13:33.620 --> 01:13:39.340]  So we had some rounds there, and then my wife went in and got this stuff today and refused
[01:13:39.340 --> 01:13:43.420]  to pay, and the gal got really huffy, and then ended up just giving her everything without
[01:13:43.420 --> 01:13:44.420]  the money.
[01:13:44.420 --> 01:13:49.140]  So that was pretty funny, but there's nothing in it.
[01:13:49.140 --> 01:13:55.380]  So you get this stuff, and they've got the person who they claim to be the victim doesn't
[01:13:55.380 --> 01:14:00.940]  even own the land that they're claiming that I trespassed on, which I did not.
[01:14:00.940 --> 01:14:04.300]  And just the whole thing is just like a ridiculous joke.
[01:14:04.300 --> 01:14:09.860]  Well, the thing about it is, is they don't necessarily have to own it.
[01:14:09.860 --> 01:14:15.340]  For instance, I'm renting the place I'm in right now, but I can sure charge you or file
[01:14:15.340 --> 01:14:20.580]  a complaint against you for trespass if you come in here without my permission.
[01:14:20.580 --> 01:14:24.420]  So the question isn't whether or not they own it, the question is do they have a legal
[01:14:24.420 --> 01:14:28.460]  right to be there and possess it and use it?
[01:14:28.460 --> 01:14:34.220]  If they do, then they can make a trespass claim if they asked you to leave and you didn't.
[01:14:34.220 --> 01:14:35.220]  Yeah.
[01:14:35.220 --> 01:14:36.220]  Well, see, none of that ever happened.
[01:14:36.220 --> 01:14:38.620]  This whole thing is a bogus thing.
[01:14:38.620 --> 01:14:43.180]  These people are trying to harass us so that we give them our beautiful piece of real estate
[01:14:43.180 --> 01:14:47.420]  here because they own everything around us, so they're just playing all these games.
[01:14:47.420 --> 01:14:52.860]  So anyway, right now I'm at the point where the DA gave us what they said they have, but
[01:14:52.860 --> 01:14:59.300]  we know there's a lot more with the sheriff, so I guess I'm just looking for a little direction
[01:14:59.300 --> 01:15:00.620]  after we can figure out what I think.
[01:15:00.620 --> 01:15:01.620]  Okay.
[01:15:01.620 --> 01:15:02.620]  Well, let me clue you into something.
[01:15:02.620 --> 01:15:03.620]  Okay.
[01:15:03.620 --> 01:15:08.020]  One of the games the district attorneys and county attorneys like to play when it comes
[01:15:08.020 --> 01:15:13.980]  to discovery is not getting the evidence they're going to use in court until the very last
[01:15:13.980 --> 01:15:15.940]  minute from the people that have it.
[01:15:15.940 --> 01:15:21.300]  Remember, the evidence is not sourced by the district or county attorney's office.
[01:15:21.300 --> 01:15:26.420]  It is sourced by the agency that collected it, which in this case would be the police
[01:15:26.420 --> 01:15:28.740]  agency, whatever it is.
[01:15:28.740 --> 01:15:29.740]  Okay?
[01:15:29.740 --> 01:15:30.740]  Sheriff, I'm on it.
[01:15:30.740 --> 01:15:39.660]  So you file the motion for discovery with those entities first, and then you ask the prosecution
[01:15:39.660 --> 01:15:45.620]  for discovery on what they have in their possession.
[01:15:45.620 --> 01:15:51.620]  So I want to file a motion into this case, compelling discovery from...
[01:15:51.620 --> 01:15:53.540]  No, a motion for discovery.
[01:15:53.540 --> 01:15:57.620]  You don't get to compel discovery until they fail to comply with it.
[01:15:57.620 --> 01:15:58.620]  Okay.
[01:15:58.620 --> 01:15:59.620]  Yeah.
[01:15:59.620 --> 01:16:03.180]  So that motion is already filed.
[01:16:03.180 --> 01:16:04.180]  So...
[01:16:04.180 --> 01:16:05.180]  With who?
[01:16:05.180 --> 01:16:08.780]  With the district court.
[01:16:08.780 --> 01:16:09.780]  Yeah.
[01:16:09.780 --> 01:16:14.260]  Asking for discovery from who?
[01:16:14.260 --> 01:16:15.940]  I think I'd have to look.
[01:16:15.940 --> 01:16:16.940]  It was a while.
[01:16:16.940 --> 01:16:19.820]  It was right after we talked on the phone, but I think it was...
[01:16:19.820 --> 01:16:20.820]  I'd have to look.
[01:16:20.820 --> 01:16:24.140]  It may have been just general, but so I need to go back and...
[01:16:24.140 --> 01:16:28.380]  Well, there is no such thing as a general motion for discovery.
[01:16:28.380 --> 01:16:33.820]  It has to be directed to someone to produce the stuff you're requesting in the discovery.
[01:16:33.820 --> 01:16:40.460]  Now, you may ask for the discovery items generally if you want, which I don't think you should
[01:16:40.460 --> 01:16:41.460]  be doing.
[01:16:41.460 --> 01:16:45.300]  You should be very specific where and when you can.
[01:16:45.300 --> 01:16:51.500]  But you must be specific as to who it is you are requesting that discovery from.
[01:16:51.500 --> 01:16:52.500]  Sure.
[01:16:52.500 --> 01:16:56.620]  So who was it requested from?
[01:16:56.620 --> 01:16:58.940]  Think about that for a second, and let me take this break.
[01:16:58.940 --> 01:17:01.100]  We'll be right back.
[01:17:01.100 --> 01:17:05.500]  Are you looking to have a closer relationship with God and a better understanding of His
[01:17:05.500 --> 01:17:06.500]  Word?
[01:17:06.500 --> 01:17:11.620]  Tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[01:17:11.620 --> 01:17:18.020]  Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[01:17:18.020 --> 01:17:22.540]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[01:17:22.540 --> 01:17:24.980]  dividing the word of truth.
[01:17:24.980 --> 01:17:28.940]  Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse
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[01:17:49.980 --> 01:17:57.060]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[01:17:57.060 --> 01:18:00.820]  motivate your studies of the Scriptures.
[01:18:00.820 --> 01:18:05.380]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:18:05.380 --> 01:18:09.580]  Stop debt collectors now with the Michael Mears Proven Method.
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[01:18:30.140 --> 01:18:34.340]  financial tables on them and make them pay you to go away.
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[01:18:50.140 --> 01:18:59.100]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt
[01:18:59.100 --> 01:19:00.100]  collectors now.
[01:19:29.100 --> 01:19:40.900]  All right, folks.
[01:19:40.900 --> 01:19:41.900]  We are back.
[01:19:41.900 --> 01:19:48.820]  This is Rule of Law Radio, the call at number 512-646-1984 if you want to call and talk.
[01:19:48.820 --> 01:19:54.620]  I got about 45 minutes left in this here show, and right now I am talking to Ron in Oregon.
[01:19:54.620 --> 01:20:00.500]  Okay, so if your original motion for discovery, Ron, said that you were asking for discovery
[01:20:00.500 --> 01:20:08.260]  from the district or county attorney's office, okay, and they are who you filed that discovery
[01:20:08.260 --> 01:20:12.900]  motion with, they're the only ones you're going to get discovery from.
[01:20:12.900 --> 01:20:17.800]  And if they have not yet collected the evidence from the law enforcement agency that they
[01:20:17.800 --> 01:20:26.380]  intend to use against you in court, if there is any, then they're hiding it by doing it
[01:20:26.380 --> 01:20:27.580]  that way.
[01:20:27.580 --> 01:20:33.420]  So you cover your bases by also sending a motion for discovery specifically to the law
[01:20:33.420 --> 01:20:38.900]  enforcement agency that collected the evidence, whatever that evidence may be.
[01:20:38.900 --> 01:20:39.900]  Gotcha.
[01:20:39.900 --> 01:20:52.060]  And yeah, we just found the thing here, and this was, anyway, it's a little bit general,
[01:20:52.060 --> 01:21:00.420]  and it is, I captured it, defendant's motion to compel discovery of all evidence plaintiff
[01:21:00.420 --> 01:21:01.420]  as in possession.
[01:21:01.420 --> 01:21:07.020]  Well, again, a motion to compel is a secondary motion.
[01:21:07.020 --> 01:21:09.580]  It is not a primary motion.
[01:21:09.580 --> 01:21:16.700]  A motion to compel is filed when someone fails to comply with the primary motion for discovery.
[01:21:16.700 --> 01:21:17.700]  Gotcha.
[01:21:17.700 --> 01:21:26.860]  Okay, so I will get this done quite pronto here, and I will specifically name the sheriff.
[01:21:26.860 --> 01:21:32.580]  Now, I'm interested in the phone records from the non-emergency narrative from dispatch,
[01:21:32.580 --> 01:21:33.580]  which they have.
[01:21:33.580 --> 01:21:41.940]  Well, you'll want all recordings and communications and CAD reports between the dispatch officer
[01:21:41.940 --> 01:21:44.140]  and the officers on scene.
[01:21:44.140 --> 01:21:54.140]  You'll want any in-house communications relating to the case number that that, or the CAD number
[01:21:54.140 --> 01:21:57.980]  that they're working off of in-house, et cetera, et cetera.
[01:21:57.980 --> 01:22:01.980]  In other words, you want everything the sheriff's department has on this, so don't forget to
[01:22:01.980 --> 01:22:03.460]  ask for it that way.
[01:22:03.460 --> 01:22:04.780]  I want your CAD reports.
[01:22:04.780 --> 01:22:08.260]  I want all recordings between dispatch and the officers.
[01:22:08.260 --> 01:22:12.860]  I want any communications between the officers and the department outside of the dispatcher.
[01:22:12.860 --> 01:22:17.460]  I want any communications and recordings made between the officers themselves, et cetera,
[01:22:17.460 --> 01:22:18.460]  et cetera.
[01:22:18.460 --> 01:22:19.460]  Sure, yep.
[01:22:19.460 --> 01:22:26.100]  And if there's any in-house documents, recordings, memorandum, emails, or anything of that nature
[01:22:26.100 --> 01:22:31.780]  relative to this case and this CAD report, then I want that too.
[01:22:31.780 --> 01:22:35.340]  What's the CAD report?
[01:22:35.340 --> 01:22:36.340]  Computer aided dispatch.
[01:22:36.340 --> 01:22:37.340]  Okay.
[01:22:37.340 --> 01:22:38.340]  Okay.
[01:22:38.340 --> 01:22:43.380]  The dispatcher is logging everything that happens that they're interacting with in the
[01:22:43.380 --> 01:22:44.380]  computer in real-time.
[01:22:44.380 --> 01:22:45.380]  Great.
[01:22:45.380 --> 01:22:54.740]  So then I want communications to text messages and emails with private parties related to
[01:22:54.740 --> 01:22:55.740]  this.
[01:22:55.740 --> 01:22:56.740]  Well, that's what I said.
[01:22:56.740 --> 01:22:59.240]  All communications in whatever form they may be.
[01:22:59.240 --> 01:23:08.220]  They may exist, such as text, emails, written reports, recordings, et cetera, et cetera.
[01:23:08.220 --> 01:23:13.180]  And then I'd like to request from those parties, just in case they don't quite...
[01:23:13.180 --> 01:23:18.580]  No, you can't request them from the parties because they are not personal records.
[01:23:18.580 --> 01:23:20.580]  Okay.
[01:23:20.580 --> 01:23:22.580]  Okay.
[01:23:22.580 --> 01:23:28.760]  Those records were generated by those individuals in their official capacity.
[01:23:28.760 --> 01:23:33.020]  The only way you could ask for something personal is if you saw one of them using their personal
[01:23:33.020 --> 01:23:34.620]  cell phone.
[01:23:34.620 --> 01:23:39.420]  Once they used it in the performance of their duties, that information became discoverable
[01:23:39.420 --> 01:23:43.420]  and public record, and they're required to preserve it.
[01:23:43.420 --> 01:23:44.420]  Okay.
[01:23:44.420 --> 01:23:50.060]  I'm picking two of the private parties who are not sheriffs or anything, communicating
[01:23:50.060 --> 01:23:53.260]  with the sheriff.
[01:23:53.260 --> 01:23:55.140]  That'll all be in the CAD recordings.
[01:23:55.140 --> 01:23:58.280]  There won't be separate recordings from those individuals.
[01:23:58.280 --> 01:23:59.980]  I would almost guarantee it.
[01:23:59.980 --> 01:24:00.980]  It'll all be there.
[01:24:00.980 --> 01:24:01.980]  Yeah.
[01:24:01.980 --> 01:24:02.980]  Great.
[01:24:02.980 --> 01:24:03.980]  Great.
[01:24:03.980 --> 01:24:07.660]  So it sounds like the CAD is a pretty good term to be sure to have in there and then
[01:24:07.660 --> 01:24:09.140]  represent all this stuff.
[01:24:09.140 --> 01:24:10.140]  Yeah.
[01:24:10.140 --> 01:24:15.340]  Well, you say computer aided dispatch report, and then you put CAD in parentheses right
[01:24:15.340 --> 01:24:22.020]  after that, so that you can then just say CAD R through the rest of it.
[01:24:22.020 --> 01:24:23.020]  Okay.
[01:24:23.020 --> 01:24:24.020]  Well, great.
[01:24:24.020 --> 01:24:26.020]  That is extremely helpful.
[01:24:26.020 --> 01:24:33.620]  I think that will get me through the day tomorrow and scare the crap out of them.
[01:24:33.620 --> 01:24:35.620]  Well, good luck.
[01:24:35.620 --> 01:24:36.620]  All right.
[01:24:36.620 --> 01:24:37.620]  Thanks again, Eddie.
[01:24:37.620 --> 01:24:38.620]  Yes, sir.
[01:24:38.620 --> 01:24:39.620]  Thanks for calling.
[01:24:39.620 --> 01:24:40.620]  My pleasure.
[01:24:40.620 --> 01:24:41.620]  Bye bye.
[01:24:41.620 --> 01:24:42.620]  Bye bye.
[01:24:42.620 --> 01:24:43.620]  All right.
[01:24:43.620 --> 01:24:44.620]  Now we have Jane in Texas.
[01:24:44.620 --> 01:24:45.620]  Good evening, Jane.
[01:24:45.620 --> 01:24:46.620]  How are you?
[01:24:46.620 --> 01:24:47.620]  Hi, Eddie.
[01:24:47.620 --> 01:24:48.620]  I'm fine.
[01:24:48.620 --> 01:24:49.620]  How are you?
[01:24:49.620 --> 01:24:50.620]  I'm tired.
[01:24:50.620 --> 01:24:59.660]  I have had, aren't you, are you still hot, or is it cool off over there?
[01:24:59.660 --> 01:25:04.500]  Well, I keep things set on 79, try not to get buried under the electric bill.
[01:25:04.500 --> 01:25:08.580]  So while I'm on the radio getting all hot and bothered with these conversations, I tend
[01:25:08.580 --> 01:25:10.140]  to sweat around the collar a little bit.
[01:25:10.140 --> 01:25:11.140]  But that's just me.
[01:25:11.140 --> 01:25:12.140]  It's not the house.
[01:25:12.140 --> 01:25:13.140]  The AC's fixed though?
[01:25:13.140 --> 01:25:14.140]  Yes.
[01:25:14.140 --> 01:25:15.140]  Good.
[01:25:15.140 --> 01:25:16.140]  I only call just...
[01:25:16.140 --> 01:25:20.820]  I would not be here tonight if it wasn't.
[01:25:20.820 --> 01:25:21.820]  Believe me.
[01:25:21.820 --> 01:25:22.820]  Okay.
[01:25:22.820 --> 01:25:23.820]  Yeah.
[01:25:23.820 --> 01:25:24.820]  You wouldn't have a show, that's for sure.
[01:25:24.820 --> 01:25:25.820]  Okay.
[01:25:25.820 --> 01:25:28.220]  So I just have a couple of things, and it's not really related to my case or anything,
[01:25:28.220 --> 01:25:34.740]  not specifically, but on the donate link, it's confusing, and that's probably the reason
[01:25:34.740 --> 01:25:39.340]  why maybe you're not getting as much as you need.
[01:25:39.340 --> 01:25:42.100]  But I just looked at it and I was going to donate on there.
[01:25:42.100 --> 01:25:46.900]  And there's one link that says you can donate Bitcoin.
[01:25:46.900 --> 01:25:52.940]  But when you try to donate that way, it looks like it just goes to the whole network.
[01:25:52.940 --> 01:25:55.100]  And then you have the link for...
[01:25:55.100 --> 01:25:58.820]  Well, I don't know what the various ways of donating are.
[01:25:58.820 --> 01:26:04.700]  Are you at the ruleoflawradio.com website or the Logos website?
[01:26:04.700 --> 01:26:10.620]  Oh, well, and maybe that's the difference over there because on the Logos, it has the
[01:26:10.620 --> 01:26:11.620]  class, right?
[01:26:11.620 --> 01:26:12.620]  It has the class.
[01:26:12.620 --> 01:26:14.940]  Well, the class is on both websites.
[01:26:14.940 --> 01:26:20.940]  But on the ruleoflawradio.com website, the donations tab is completely separate from
[01:26:20.940 --> 01:26:22.220]  everything else.
[01:26:22.220 --> 01:26:26.740]  So when you look in the top left at the menu up there and you click on donations, you go
[01:26:26.740 --> 01:26:31.740]  to a page that says donate to the network, donate to Eddie, or donate to Randy's Beer
[01:26:31.740 --> 01:26:32.740]  Fund.
[01:26:32.740 --> 01:26:33.740]  I've never seen that.
[01:26:33.740 --> 01:26:34.740]  I've never seen that.
[01:26:34.740 --> 01:26:37.740]  But I got the middle in the wrong spot.
[01:26:37.740 --> 01:26:38.740]  Yeah.
[01:26:38.740 --> 01:26:42.020]  And ever since they've got the new website, very few people do.
[01:26:42.020 --> 01:26:48.420]  But you have to go to the ruleoflawradio.com donations page to donate to me directly.
[01:26:48.420 --> 01:26:49.420]  Okay.
[01:26:49.420 --> 01:26:50.420]  All right.
[01:26:50.420 --> 01:26:53.620]  And the other thing is I heard you say something...
[01:26:53.620 --> 01:26:57.900]  Well, I don't want to get into that yet because I got an easier question first.
[01:26:57.900 --> 01:26:58.900]  Okay.
[01:26:58.900 --> 01:27:04.700]  Now that I have already filed all my motion with on multiple exhibits and stuff like that,
[01:27:04.700 --> 01:27:08.260]  and it was 25 pages plus a lot of pages for exhibits.
[01:27:08.260 --> 01:27:13.420]  But now I'm correcting errors and so I want to refile it, but I don't want to refile all
[01:27:13.420 --> 01:27:14.420]  exhibits and everything.
[01:27:14.420 --> 01:27:17.300]  Do I have to?
[01:27:17.300 --> 01:27:20.100]  Do you have to refile the whole thing if you amend it?
[01:27:20.100 --> 01:27:21.100]  Are you serious?
[01:27:21.100 --> 01:27:22.100]  I mean, why?
[01:27:22.100 --> 01:27:26.780]  I mean, that's either as a waste of paper.
[01:27:26.780 --> 01:27:30.940]  Well that may be true, but that's the problem with filing stuff before you're sure you've
[01:27:30.940 --> 01:27:33.100]  got it the way you want it.
[01:27:33.100 --> 01:27:34.100]  Well I had no choice.
[01:27:34.100 --> 01:27:35.100]  It was...
[01:27:35.100 --> 01:27:40.340]  Well, I understand that, but again, if you amend it, you've got to put everything with
[01:27:40.340 --> 01:27:41.340]  it.
[01:27:41.340 --> 01:27:42.340]  Yeah.
[01:27:42.340 --> 01:27:43.340]  That's just great.
[01:27:43.340 --> 01:27:48.660]  I don't know how many rings of paper and how many things of ink I'm going to have to go
[01:27:48.660 --> 01:27:49.660]  through.
[01:27:49.660 --> 01:27:50.660]  Okay.
[01:27:50.660 --> 01:27:51.660]  So that's that.
[01:27:51.660 --> 01:27:56.900]  And so, but amending means that it's the same motion, just corrected maybe though.
[01:27:56.900 --> 01:28:00.020]  So I don't understand why they seem to be so involved.
[01:28:00.020 --> 01:28:02.060]  No, not necessarily.
[01:28:02.060 --> 01:28:05.140]  Amended can mean a lot more than just corrected.
[01:28:05.140 --> 01:28:06.140]  Okay.
[01:28:06.140 --> 01:28:10.140]  Then what about supplemental?
[01:28:10.140 --> 01:28:14.260]  Well supplemental is the same thing as amended when it comes to a motion.
[01:28:14.260 --> 01:28:16.980]  You're supplementing the information in the original motion.
[01:28:16.980 --> 01:28:21.300]  How you're doing that can only be determined by reading the new motion.
[01:28:21.300 --> 01:28:22.300]  Okay.
[01:28:22.300 --> 01:28:23.300]  All right.
[01:28:23.300 --> 01:28:24.300]  With all the new exhibits again.
[01:28:24.300 --> 01:28:25.300]  Okay.
[01:28:25.300 --> 01:28:26.300]  All right.
[01:28:26.300 --> 01:28:36.380]  Then I heard you say something wrong a while ago that if you have the right to the property
[01:28:36.380 --> 01:28:43.660]  and even though you're renting that because somebody trespassed on your property, that
[01:28:43.660 --> 01:28:45.580]  you could charge for trespassing.
[01:28:45.580 --> 01:28:47.500]  Well, I have an issue with that.
[01:28:47.500 --> 01:28:48.500]  Well, okay.
[01:28:48.500 --> 01:28:53.060]  You have to understand how a state trespassing statute works.
[01:28:53.060 --> 01:28:59.460]  Here in Texas, in order for them to trespass you, you literally have to be told that you're
[01:28:59.460 --> 01:29:03.260]  trespassing and have to leave by law enforcement.
[01:29:03.260 --> 01:29:06.660]  They're the only ones that can actually trespass you.
[01:29:06.660 --> 01:29:14.100]  The individual can tell you to leave and then call the cops in order to get them out there
[01:29:14.100 --> 01:29:16.360]  to make you leave.
[01:29:16.360 --> 01:29:23.140]  But if you're gone by the time they show up, they can only give you a trespass warning
[01:29:23.140 --> 01:29:28.060]  and tell you that if you do show back up, then they're going to be called again.
[01:29:28.060 --> 01:29:29.660]  And that's that.
[01:29:29.660 --> 01:29:34.780]  But the individual directly can't charge you with the trespass in Texas.
[01:29:34.780 --> 01:29:36.260]  The cops have to do it.
[01:29:36.260 --> 01:29:37.260]  Okay.
[01:29:37.260 --> 01:29:39.260]  Well, I'm not finishing it there because I have another one.
[01:29:39.260 --> 01:29:47.100]  And you can only be charged with actual trespass if you were warned and then returned.
[01:29:47.100 --> 01:29:48.420]  So hang on just a second.
[01:29:48.420 --> 01:29:50.660]  Let me take this break and I'll pick this back up with you.
[01:29:50.660 --> 01:29:51.660]  Okay?
[01:29:51.660 --> 01:29:52.660]  All right, folks.
[01:29:52.660 --> 01:29:53.660]  512-646-1984.
[01:29:53.660 --> 01:29:54.660]  Give me a call.
[01:29:54.660 --> 01:29:55.660]  Let's talk.
[01:29:55.660 --> 01:30:04.660]  It seems like everywhere you turn nowadays, someone wants your name, social security number
[01:30:04.660 --> 01:30:05.660]  and date of birth.
[01:30:05.660 --> 01:30:08.380]  But you should think twice before giving away your personal data.
[01:30:08.380 --> 01:30:12.420]  I'm Dr. Catherine Albrecht and I'll say more in just a moment.
[01:30:12.420 --> 01:30:16.980]  Google is watching you, recording everything you've ever searched for and creating a massive
[01:30:16.980 --> 01:30:19.260]  database of your personal information.
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[01:30:42.620 --> 01:30:44.340]  Forms, forms, forms.
[01:30:44.340 --> 01:30:45.340]  They're everywhere.
[01:30:45.340 --> 01:30:48.980]  But just because a piece of paper asks for information doesn't mean you have to give
[01:30:48.980 --> 01:30:49.980]  it.
[01:30:49.980 --> 01:30:54.620]  I write blank spaces on forms all the time or I write N slash A for not applicable and
[01:30:54.620 --> 01:30:56.700]  usually nobody notices or cares.
[01:30:56.700 --> 01:31:01.260]  I never give my social security number or date of birth unless it's absolutely mandatory
[01:31:01.260 --> 01:31:05.580]  for employment or a government requirement and I won't give my phone number to a company
[01:31:05.580 --> 01:31:09.740]  or an organization unless I actually want them to call me and that's pretty rare.
[01:31:09.740 --> 01:31:14.860]  To preserve our vanishing privacy, we need to practice saying no to random data requests.
[01:31:14.860 --> 01:31:18.300]  It's like exercising a muscle, it gets easier the more you do it.
[01:31:18.300 --> 01:31:31.580]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.580 --> 01:31:32.580]  I lost my son.
[01:31:32.580 --> 01:31:33.580]  My nephew.
[01:31:33.580 --> 01:31:34.580]  My uncle.
[01:31:34.580 --> 01:31:35.580]  Uh-huh.
[01:31:35.580 --> 01:31:36.580]  September 11th, 2001.
[01:31:36.580 --> 01:31:39.860]  Most people don't know that a third tower fell on September 11.
[01:31:39.860 --> 01:31:44.220]  World Trade Center 7, a 47-story skyscraper was not hit by a plane.
[01:31:44.220 --> 01:31:48.100]  The official explanation is the fire brought down Building 7.
[01:31:48.100 --> 01:31:51.460]  Over 1,200 architects and engineers have looked into the evidence.
[01:31:51.460 --> 01:31:53.560]  And believe there is more to the story.
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[01:31:57.060 --> 01:31:58.060]  My son.
[01:31:58.060 --> 01:31:59.060]  Go to buildingwhat.org.
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[01:33:25.780 --> 01:33:45.780]  All right, folks, we are back. This is rule of law radio calling number 512-646-1984.
[01:33:45.780 --> 01:33:53.420]  And we are on the phone with Janet, or Jane, I'm sorry. Okay, Jane. Now, I'm looking at
[01:33:53.420 --> 01:34:01.420]  30.05, the criminal trespass statute for here in Texas, okay? Subsection A, a person commits
[01:34:01.420 --> 01:34:06.420]  an offense if the person enters or remains on or in property of another, including residential
[01:34:06.420 --> 01:34:11.940]  land, agricultural land, a recreational vehicle park, a building, a general residential operation,
[01:34:11.940 --> 01:34:16.540]  operating as a residential treatment center, or an aircraft or other vehicle without effective
[01:34:16.540 --> 01:34:22.420]  consent, and the person, one, had noticed that the entry was forbidden, or two, received
[01:34:22.420 --> 01:34:29.820]  notice to depart but failed to do so, okay? Now, and B, for the purposes of this section,
[01:34:29.820 --> 01:34:36.160]  entry means the intrusion of the entire body. And notice means an oral or written communication
[01:34:36.160 --> 01:34:41.860]  by the owner or someone with apparent authority to act for the owner. B, fencing or other
[01:34:41.860 --> 01:34:45.820]  enclosure obviously designed to exclude intruders or to contain livestock.
[01:34:45.820 --> 01:34:52.340]  Okay, hold up for one second. On the fencing, what if it wasn't totally surrounding the
[01:34:52.340 --> 01:34:55.380]  property? Because I've read this thing over and over and over, but is the fencing, does
[01:34:55.380 --> 01:35:03.700]  it have to be totally enclosed, the area? If it's only going to exclude intruders or
[01:35:03.700 --> 01:35:08.420]  contain livestock if it's fully enclosed. Okay, all right.
[01:35:08.420 --> 01:35:13.540]  It can't be just like a half a yard divider fence. Okay.
[01:35:13.540 --> 01:35:19.100]  It would have to be a defense that would enclose the property to keep people out or keep livestock
[01:35:19.100 --> 01:35:22.580]  in. Well, how did I get charged with it then and
[01:35:22.580 --> 01:35:26.180]  also theft? Well, hold on a sec. We haven't finished
[01:35:26.180 --> 01:35:32.300]  reading all the things that are on here, okay? Because remember, you've got entry and notice.
[01:35:32.300 --> 01:35:35.620]  You've got two different things here. And remember, entry means the intrusion of the
[01:35:35.620 --> 01:35:41.620]  entire body. Well, from what you said, according to the covenants in the place you're living,
[01:35:41.620 --> 01:35:46.700]  the most of the area you were in with the distinction of her, specifically her back
[01:35:46.700 --> 01:35:50.300]  patio is communal property. Yes.
[01:35:50.300 --> 01:35:55.300]  Yes or no? Yes, it was. I mean, it is in our declarations,
[01:35:55.300 --> 01:35:59.220]  but I'm not- Okay. Then she can't trespass you from going
[01:35:59.220 --> 01:36:04.740]  on the yard on that side, on that side of the yard, even if it is right behind her house.
[01:36:04.740 --> 01:36:09.940]  No, the patio, the patio. Anything outside the four walls of our unit are supposed to
[01:36:09.940 --> 01:36:13.380]  be considered, even the exterior of the buildings and everything, they're supposed to be considered
[01:36:13.380 --> 01:36:18.740]  a common area. Okay. If that's the common area, then she
[01:36:18.740 --> 01:36:23.340]  can't trespass you from the common area. Right.
[01:36:23.340 --> 01:36:29.940]  Okay. And that's something that you should have brought up at your trial if you didn't.
[01:36:29.940 --> 01:36:34.020]  I did. And they didn't let me submit evidence because they said it wasn't relevant. And
[01:36:34.020 --> 01:36:37.140]  that, you know, I mean, nothing I tried to bring up.
[01:36:37.140 --> 01:36:44.140]  Well, the thing about it is what constitutes entry and notice is 100% relevant.
[01:36:44.140 --> 01:36:48.380]  Right. Exactly. And you can only commit entry if you are
[01:36:48.380 --> 01:36:53.940]  in an area that you're not allowed to be. And the common area does not constitute an
[01:36:53.940 --> 01:37:02.540]  area you're not allowed to be. Exactly. And, okay. But when you're talking
[01:37:02.540 --> 01:37:09.060]  to Ron, I was thinking of trespassing. Actually, what I was really thinking of was theft because
[01:37:09.060 --> 01:37:13.500]  unless you have exclusive rights to whatever it is that somebody steals from you, then
[01:37:13.500 --> 01:37:21.340]  how can it be, Texas Patterns Degree Charges 92.9 says that the owner must have exclusive
[01:37:21.340 --> 01:37:27.420]  rights to the property in order for it to be theft. Otherwise, it's not theft.
[01:37:27.420 --> 01:37:37.220]  Hang on. Okay. That's under Chapter 31.
[01:37:37.220 --> 01:37:43.980]  Okay. Let's see what this says.
[01:37:43.980 --> 01:37:49.220]  Yeah, I have, I know what, I mean, I don't know what's up in my head, you know, but I've
[01:37:49.220 --> 01:37:54.020]  read that a hundred times also, but. Okay. Well, hang on. Let me read it once.
[01:37:54.020 --> 01:37:55.020]  Okay. Okay.
[01:37:55.020 --> 01:38:00.900]  A, a person commits an offense if he unlawfully appropriates property with intent to deprive
[01:38:00.900 --> 01:38:07.380]  the owner of property. Well, did they prove intent to deprive?
[01:38:07.380 --> 01:38:13.140]  They had the officer, they let him prove the intent. Tell them what the intention was.
[01:38:13.140 --> 01:38:19.380]  That's what they did. The officer can't prove your intent.
[01:38:19.380 --> 01:38:25.220]  I know exactly. That's part of my argument and my motion, but they asked him if it looked
[01:38:25.220 --> 01:38:31.260]  like I intended to keep the property from her when I was walking away from the patio.
[01:38:31.260 --> 01:38:37.860]  And he said, yes, you know.
[01:38:37.860 --> 01:38:42.860]  Well, but here again, with the intent to deprive the owner of property.
[01:38:42.860 --> 01:38:46.420]  Right. You gave it back to the owner, which was the
[01:38:46.420 --> 01:38:51.060]  city, correct? Yeah, but the changing hands or whatever
[01:38:51.060 --> 01:38:56.980]  doesn't, doesn't necessarily according to what I've read, it doesn't change the, the
[01:38:56.980 --> 01:39:01.180]  fact that it was stolen. But, you know, but what I'm saying is exclusive
[01:39:01.180 --> 01:39:05.380]  rights is what the, if it's a text pattern jury charge, and that's what the jury would
[01:39:05.380 --> 01:39:08.660]  be going by. And then they would know that she would check
[01:39:08.660 --> 01:39:13.380]  it out from, and what their argument was, was that she checked it out. She didn't check
[01:39:13.380 --> 01:39:19.220]  it out. She borrowed it from the city. And because she gained effective control over
[01:39:19.220 --> 01:39:24.860]  the object and she was responsible for it, that, that is the reason why it was theft
[01:39:24.860 --> 01:39:28.060]  is because I stole it from her. But I did give it back within an hour.
[01:39:28.060 --> 01:39:31.860]  I gave it to the police, which gave it back to her. So, but supposedly that doesn't make
[01:39:31.860 --> 01:39:38.900]  a difference that you give it back.
[01:39:38.900 --> 01:39:45.180]  Well again, the, the issue, that's a separate issue from what we're talking about here.
[01:39:45.180 --> 01:39:52.340]  Going through what this says, okay, even if you had taken it from that, it was in the
[01:39:52.340 --> 01:39:57.660]  community property. Okay. Okay.
[01:39:57.660 --> 01:40:06.220]  If it's in the community property, and I mean, what else is in the community property that
[01:40:06.220 --> 01:40:09.740]  both of you have access to?
[01:40:09.740 --> 01:40:14.100]  Grass, dirt, you know, see a tree, you know, plants.
[01:40:14.100 --> 01:40:18.700]  Do they have any benches out there or tables or anything that belongs to the complex or
[01:40:18.700 --> 01:40:21.900]  whatever it is you live in rather than you two individually?
[01:40:21.900 --> 01:40:27.900]  No, we don't have anything like that. I mean, under fact, we pay $250 a month, $250 a month
[01:40:27.900 --> 01:40:32.220]  just to, for our dues when all we do is mow the yard and have a little sprinklers come
[01:40:32.220 --> 01:40:37.780]  on every now and then and the lights in the front, but we don't have anything like that
[01:40:37.780 --> 01:40:43.580]  that we share, but the common property and from where I look at the decorations is, you
[01:40:43.580 --> 01:40:48.420]  know, they have a big common area. It's a green belt, you know, that if we, somebody
[01:40:48.420 --> 01:40:51.860]  was to, you know, play volleyball, whatever they did up there, nobody does anything in
[01:40:51.860 --> 01:40:59.140]  it, walks their dogs or whatever, but there's, but I don't, I don't really want to harp
[01:40:59.140 --> 01:41:07.420]  on the fact that our, our decorations say that, that the patio is common property because
[01:41:07.420 --> 01:41:11.900]  she's trespassed on my property and she's charged me with theft. I mean, she had the
[01:41:11.900 --> 01:41:18.220]  cops do it, but, but that's in my civil case right now and that trespass to real property
[01:41:18.220 --> 01:41:25.020]  is part of, is my, one of my, is my counter claim actually. So I don't, I don't know
[01:41:25.020 --> 01:41:31.260]  and she not, we have, I have a property survey, a boundary lines that I pay taxes on that's
[01:41:31.260 --> 01:41:37.060]  just, that's excluding that, you know, shows that my boundary and if that's the case and
[01:41:37.060 --> 01:41:41.220]  she never got a survey, but that would make me trespassing, but then I don't know which
[01:41:41.220 --> 01:41:46.980]  one overruled that. I don't know which one, if it's the declarations, which I know that
[01:41:46.980 --> 01:41:50.300]  are pretty much enforceable or if it's the process.
[01:41:50.300 --> 01:41:56.020]  The declarations are binding only on the people and the entity that made them. It's not the
[01:41:56.020 --> 01:41:58.820]  people that live there and no one else.
[01:41:58.820 --> 01:42:04.460]  Right, but it's run with the land as far as the deed is concerned.
[01:42:04.460 --> 01:42:11.380]  Yeah, but it still can't be read and enforced in a way that would violate state law. The
[01:42:11.380 --> 01:42:17.980]  question is whether or not state law covers everything we're talking about here. The problem
[01:42:17.980 --> 01:42:27.060]  they still face, regardless of what the statutes themselves say is how they did the case. Okay.
[01:42:27.060 --> 01:42:30.700]  This was a class C misdemeanor in both of these, right?
[01:42:30.700 --> 01:42:31.700]  Right.
[01:42:31.700 --> 01:42:35.020]  Okay. You were not given an examining trial.
[01:42:35.020 --> 01:42:36.020]  No.
[01:42:36.020 --> 01:42:40.820]  They did not file an information. They did not obtain an indictment.
[01:42:40.820 --> 01:42:41.820]  No.
[01:42:41.820 --> 01:42:49.060]  In short, all of the substantive due process they were required to provide, they ignored.
[01:42:49.060 --> 01:42:51.660]  That deprived them of subject matter jurisdiction.
[01:42:51.660 --> 01:42:52.660]  True.
[01:42:52.660 --> 01:42:58.820]  There's also the fact that the constitutional challenge I have against municipal courts
[01:42:58.820 --> 01:43:07.940]  clearly shows the law that says Texas, the legislature dissolved all municipal courts
[01:43:07.940 --> 01:43:13.820]  in the state of Texas. There are no municipal courts in the state of Texas. There are corporation
[01:43:13.820 --> 01:43:20.660]  courts, but they have to be named in a very specific way in accordance with law and none
[01:43:20.660 --> 01:43:23.380]  of them comply with it.
[01:43:23.380 --> 01:43:28.380]  There's also the issue of you were prosecuted by city attorneys, correct?
[01:43:28.380 --> 01:43:29.380]  Yes.
[01:43:29.380 --> 01:43:35.340]  Okay. Under our state constitution, the only people that may prosecute in the name of the
[01:43:35.340 --> 01:43:42.900]  state is a county and district attorney. They're the only ones that can file and sign a proper
[01:43:42.900 --> 01:43:48.380]  information as a charging instrument. All of these things are requirements under the
[01:43:48.380 --> 01:43:49.380]  law.
[01:43:49.380 --> 01:43:50.380]  Right.
[01:43:50.380 --> 01:43:56.620]  And that is and always should have been your defense. Hang on just a second. Let me get
[01:43:56.620 --> 01:43:58.620]  this next break.
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[01:46:00.500 --> 01:46:17.420]  All right, folks. We are now officially in the last segment of the show for tonight.
[01:46:17.420 --> 01:46:20.860]  We are still talking with Janet. I've got one other caller on the board that I will
[01:46:20.860 --> 01:46:26.380]  try to get to before the end of the show. I don't have a name. It's area code 916.
[01:46:26.380 --> 01:46:31.580]  So when I say, hello, area code 916, after I'm done with Janet, that will be your cue
[01:46:31.580 --> 01:46:35.340]  to tell me who you are and where you're calling from because the caller board does not currently
[01:46:35.340 --> 01:46:40.260]  tell me. All right, Jane. I'm sorry, Jane. I keep calling you Janet. I don't know why.
[01:46:40.260 --> 01:46:46.700]  But Jane, in any case, those points are what you should have been fighting this on to begin
[01:46:46.700 --> 01:46:52.620]  with. You did not receive due process according to state law.
[01:46:52.620 --> 01:46:59.220]  Because you have a right to due process according to state law, they never acquired jurisdiction
[01:46:59.220 --> 01:47:08.020]  because they violated your right to due process according to state law. Now, that motion that
[01:47:08.020 --> 01:47:13.860]  you got from Randy for the traffic stuff that goes into that, that one you could have taken
[01:47:13.860 --> 01:47:19.980]  out all the stuff relative to the transportation code and gone strictly with the points relative
[01:47:19.980 --> 01:47:22.780]  to the examining trial.
[01:47:22.780 --> 01:47:27.420]  And that would have been a start. Okay, that would have at least addressed that point or
[01:47:27.420 --> 01:47:33.700]  at least the majority of issues on that point. I did, but I didn't argue it when I was in
[01:47:33.700 --> 01:47:38.500]  the trial. I didn't argue it because I had worked on the previous, I worked on another
[01:47:38.500 --> 01:47:44.100]  thing after that. And so I did argue the Constitution and also-
[01:47:44.100 --> 01:47:51.620]  No, stop. The issue is never the Constitution. The issue is subject matter jurisdiction.
[01:47:51.620 --> 01:47:58.700]  Well, that's, I mean, I argued it with subject matter jurisdiction with the Constitution
[01:47:58.700 --> 01:48:08.900]  and also Texas Total Criminal Procedure 2.01, 2.02, and then 27.01, 27.08, and 09.
[01:48:08.900 --> 01:48:12.780]  Well, that's just it. The procedure you're after is in Chapter 16.
[01:48:12.780 --> 01:48:13.780]  Yeah.
[01:48:13.780 --> 01:48:23.540]  It's not in 2.0 anything and 27.0 anything. It's in 16. Now, those specific sections are
[01:48:23.540 --> 01:48:30.420]  in paramateria to what's in Chapter 16, but Chapter 16 is all about the examining trial
[01:48:30.420 --> 01:48:37.300]  once a requirement. And it's not a requirement as a right you're entitled to as far as the
[01:48:37.300 --> 01:48:42.380]  examining trial itself goes. It's a right you're entitled to because it goes to due
[01:48:42.380 --> 01:48:49.540]  process in the performance of a legal duty they're required to perform, and you have
[01:48:49.540 --> 01:48:54.580]  a right to the due process that's attached to the performance of that duty.
[01:48:54.580 --> 01:48:57.660]  And they deprived you of it by not performing that duty.
[01:48:57.660 --> 01:49:04.180]  But I was trying to get them, because I was trying to get them on their own, because they
[01:49:04.180 --> 01:49:09.260]  look at Chapter of the Government Code, the Government Code on 30.
[01:49:09.260 --> 01:49:16.020]  Again, don't base your defense on where they're going. Where they're coming from means nothing
[01:49:16.020 --> 01:49:19.540]  if they're not using the appropriate law. Right.
[01:49:19.540 --> 01:49:25.140]  The Government Code does not overrule the Code of Criminal Procedure unless it specifically
[01:49:25.140 --> 01:49:29.020]  states that it does. Okay.
[01:49:29.020 --> 01:49:35.280]  The procedure is in the Code of Criminal Procedure. Some of the details relative to that procedure,
[01:49:35.280 --> 01:49:39.460]  how they're required to do the details is what's in Chapter 30.
[01:49:39.460 --> 01:49:40.460]  Okay.
[01:49:40.460 --> 01:49:47.940]  It's in Chapter 29, but it is not what governs the procedure. For instance, the procedure
[01:49:47.940 --> 01:49:54.260]  on filing motions is in the Code of Criminal Procedure. However, the details that those
[01:49:54.260 --> 01:50:00.180]  all pleadings in courts of record are required to be in writing are augmented in Chapter
[01:50:00.180 --> 01:50:04.700]  30. But that's the details. It's not the procedure.
[01:50:04.700 --> 01:50:10.660]  Well, that's a little bit confusing. I guess to me, I've got to figure that out, because
[01:50:10.660 --> 01:50:12.060]  which one is controlling over...
[01:50:12.060 --> 01:50:17.300]  The law has to be read as a whole. In other words, you have to read the Code of Criminal
[01:50:17.300 --> 01:50:22.220]  Procedure and the Government Code where they harmonize, if they can be harmonized.
[01:50:22.220 --> 01:50:23.220]  Okay.
[01:50:23.220 --> 01:50:29.420]  They're never in conflict until they directly contradict. They have to be read in a way
[01:50:29.420 --> 01:50:35.940]  that makes both of them work together, unless it's impossible for them to work together
[01:50:35.940 --> 01:50:37.660]  as they're written.
[01:50:37.660 --> 01:50:38.660]  Okay.
[01:50:38.660 --> 01:50:39.660]  Okay?
[01:50:39.660 --> 01:50:40.660]  Okay.
[01:50:40.660 --> 01:50:47.500]  Stop looking for what overrules. The rules on what overrules what are in Chapters 311
[01:50:47.500 --> 01:50:54.180]  of the Government Code. And a local provision overrules a general provision, which is what
[01:50:54.180 --> 01:51:00.740]  the Code of Criminal Procedure is, if the local rule specifically says, this is how
[01:51:00.740 --> 01:51:08.220]  you do it. But if it doesn't say, this is how you do it, regardless of how it's written
[01:51:08.220 --> 01:51:11.060]  over here, they have to be read together.
[01:51:11.060 --> 01:51:19.780]  Okay. But in Chapter 30, when it has specific areas and 29 where it says prosecutions, jurisdictions,
[01:51:19.780 --> 01:51:24.700]  and then it's also, you told me earlier that Texas Government Code 30 was controlling
[01:51:24.700 --> 01:51:28.380]  over the appeal, because remember I was saying that I thought it was going to be five days
[01:51:28.380 --> 01:51:31.340]  and it ended up being 10, because that's what Chapter 30 said.
[01:51:31.340 --> 01:51:36.700]  Correct. That's where the two conflict in a way that can't be read together and reconciled.
[01:51:36.700 --> 01:51:41.460]  The Code of Criminal Procedure says five days, which is the general limit. And in a court
[01:51:41.460 --> 01:51:47.340]  of record under the Chapter 30 of the Government Code, the period of time is 10 days, which
[01:51:47.340 --> 01:51:53.820]  is local and specific. Five days can't be reconciled when 10 days, can it?
[01:51:53.820 --> 01:51:55.700]  No, it can't be.
[01:51:55.700 --> 01:52:01.900]  Okay. So in that case, the local and specific provision under Chapter 30 is then controlling.
[01:52:01.900 --> 01:52:08.740]  So, okay. So then on the, I know you got to get another call, I just got one more thing.
[01:52:08.740 --> 01:52:14.940]  Where it tells them, because I was asking about that, how it controls over what it tells
[01:52:14.940 --> 01:52:20.500]  the Municipal Courts of Record to do from Chapter 30, because in that aspect, as far
[01:52:20.500 --> 01:52:29.700]  as prosecutions and jurisdictions, let's see, it says about completings. It says that
[01:52:29.700 --> 01:52:35.420]  they, the Municipal Courts of Record, had to go by Chapter 45 and Chapter 27, which
[01:52:35.420 --> 01:52:41.980]  Chapter 27.01 for Texas Code of Criminal Procedure says that they have to file an information
[01:52:41.980 --> 01:52:45.300]  to, you know what I'm saying?
[01:52:45.300 --> 01:52:49.700]  Correct. And the thing about it is the city attorneys can't file an information. Only
[01:52:49.700 --> 01:52:52.300]  the county or district attorney can.
[01:52:52.300 --> 01:52:57.580]  Right. But they don't bring up Chapter 27, they just bring up Chapter 45.
[01:52:57.580 --> 01:53:02.300]  What specific section of Chapter 30 are you reading?
[01:53:02.300 --> 01:53:07.620]  That one was, I think that one was prosecution. It was just, no, at the very beginning of
[01:53:07.620 --> 01:53:12.340]  it. So, because I was under the impression that Chapter 30...
[01:53:12.340 --> 01:53:16.500]  Well, read it and find the section you're talking about that specifically references
[01:53:16.500 --> 01:53:18.900]  Chapter 27 and Chapter 2.
[01:53:18.900 --> 01:53:19.900]  Okay.
[01:53:19.900 --> 01:53:22.220]  Okay. And email that to me.
[01:53:22.220 --> 01:53:24.220]  Okay, I will. All right.
[01:53:24.220 --> 01:53:28.220]  All right. Okay. Well, thanks for calling and I'll talk to you after a while. Okay?
[01:53:28.220 --> 01:53:30.220]  Sounds good. Thanks. Bye-bye.
[01:53:30.220 --> 01:53:37.220]  All right. Bye-bye. All right. Area Code 916, you are up. Who am I talking to?
[01:53:37.220 --> 01:53:47.180]  Yes. Hi, my name is Analia and I'm having a legal issue. I have a complaint filed for
[01:53:47.180 --> 01:53:49.180]  16 felony charges.
[01:53:49.180 --> 01:53:52.500]  Okay. What state are you in?
[01:53:52.500 --> 01:53:53.980]  I'm in California.
[01:53:53.980 --> 01:53:58.180]  Okay. You have felony charges pending in California.
[01:53:58.180 --> 01:54:08.020]  Yes. And, yeah, basically there was a search warrant that I believe was unlawful that was
[01:54:08.020 --> 01:54:09.020]  served...
[01:54:09.020 --> 01:54:13.260]  Hey, why do you believe it was unlawful? And remember, we're on borrowed time here. I've
[01:54:13.260 --> 01:54:17.500]  got four and a half minutes and I can only give you four of those.
[01:54:17.500 --> 01:54:23.180]  Okay. Well, it was from the Fish and Game Agency and I don't have any contract with
[01:54:23.180 --> 01:54:24.940]  them and...
[01:54:24.940 --> 01:54:31.100]  What does a contract have to do with it? What were you doing that they made these charges?
[01:54:31.100 --> 01:54:37.980]  So they flew over the property and they saw greenhouses on the property that were fully
[01:54:37.980 --> 01:54:46.460]  enclosed and they took a picture and they gave that to a different officer who swore
[01:54:46.460 --> 01:54:55.460]  on the affidavit and he enhanced the pictures and found cannabis plants in there and so
[01:54:55.460 --> 01:54:57.860]  that's how they got the search warrant.
[01:54:57.860 --> 01:55:01.780]  I thought cannabis was legalized in California.
[01:55:01.780 --> 01:55:07.820]  A lot of people say that, but it depends on the county that you're in and I guess a lot
[01:55:07.820 --> 01:55:08.820]  of different things.
[01:55:08.820 --> 01:55:15.060]  Not if it's legalized by state law. The county's got nothing to do with it. If state law made
[01:55:15.060 --> 01:55:18.300]  it legal, the county has no say so in it.
[01:55:18.300 --> 01:55:23.700]  Well, the state law says I believe six plants is the state minimum.
[01:55:23.700 --> 01:55:28.580]  The state minimum or the state maximum?
[01:55:28.580 --> 01:55:36.300]  The state minimum or sorry, I don't know if that's minimum or maximum, but that's
[01:55:36.300 --> 01:55:38.260]  I think minimum. That's the state. That's the minimum.
[01:55:38.260 --> 01:55:44.180]  Okay. So the state's saying that you can have no less than six marijuana plants?
[01:55:44.180 --> 01:55:49.420]  I guess it would be, I don't know, do you know if that's the minimum, maximum six plants
[01:55:49.420 --> 01:55:50.420]  too?
[01:55:50.420 --> 01:55:51.420]  Yeah, it's losing outlaw in California.
[01:55:51.420 --> 01:55:56.100]  Okay. So it can't be an outlaw. So you're allowed to have at least six, I believe it's
[01:55:56.100 --> 01:55:57.100]  the-
[01:55:57.100 --> 01:56:01.900]  They say that, but you can't grow them outside. They have to be in and hunting habits as well.
[01:56:01.900 --> 01:56:07.300]  Right. So that's what the county ordinance says, which is it based on statutes and code.
[01:56:07.300 --> 01:56:08.300]  They just restrict-
[01:56:08.300 --> 01:56:11.740]  Okay. Again, I need to see the state law, okay?
[01:56:11.740 --> 01:56:12.740]  Or regulate it.
[01:56:12.740 --> 01:56:18.060]  The county can't set the criminal content of the state law. The state law has to do
[01:56:18.060 --> 01:56:25.180]  that. So, because anything the county does has to be an implementation of state law.
[01:56:25.180 --> 01:56:28.980]  The county doesn't write law. They can't make it up as they go.
[01:56:28.980 --> 01:56:35.100]  Well, yeah. The plants aren't really the big issue is that they found firearms when they
[01:56:35.100 --> 01:56:37.740]  came and did their search warrant. And so they're-
[01:56:37.740 --> 01:56:42.040]  Well, they always try to augment that if they can catch you in the commission of one crime
[01:56:42.040 --> 01:56:46.260]  and they catch you doing it while you have possession of a firearm, they can enhance
[01:56:46.260 --> 01:56:47.260]  the charges.
[01:56:47.260 --> 01:56:53.980]  Right. So that's, yeah, I think that's what they're trying to do and-
[01:56:53.980 --> 01:56:58.940]  Okay. Well, the first thing I'm wanting to do is read the state law they're coming after
[01:56:58.940 --> 01:57:03.140]  you under. Do you know what it is?
[01:57:03.140 --> 01:57:12.340]  I have the complaint. Are you talking about from the complaint?
[01:57:12.340 --> 01:57:16.180]  Well I don't know if the complaint's required to have the actual state law written on it
[01:57:16.180 --> 01:57:24.620]  or not. It may or it may not. But the charge has to be coming from some state law or some
[01:57:24.620 --> 01:57:26.300]  federal law.
[01:57:26.300 --> 01:57:42.940]  Yeah, they listed, yeah, I'm pulling up the file right here. So-
[01:57:42.940 --> 01:57:48.340]  Do you have copies of the documents on a computer or do you have them a hard copy only?
[01:57:48.340 --> 01:57:51.780]  No, I have them all on the computer.
[01:57:51.780 --> 01:57:58.740]  Okay, then what I would like for you to do, if you're willing to do so, is send me copies
[01:57:58.740 --> 01:58:05.580]  of what you've got electronically. If it's small enough, email it to Eddie, E-D-D-I-E
[01:58:05.580 --> 01:58:13.740]  at Rule of Law Radio. If it's not, put it up on a Google or Microsoft OneDrive and then
[01:58:13.740 --> 01:58:18.660]  send me a link to the folder where I can download it so I can look at what is going on because
[01:58:18.660 --> 01:58:23.220]  it's going to be very hard for me to answer your questions without knowing what they can
[01:58:23.220 --> 01:58:25.820]  charge you with and how they're trying to do it.
[01:58:25.820 --> 01:58:31.540]  Okay, yeah, I'll email you that right now. And you said you're just about out of time,
[01:58:31.540 --> 01:58:32.540]  I think.
[01:58:32.540 --> 01:58:33.540]  Yes.
[01:58:33.540 --> 01:58:34.540]  I don't know.
[01:58:34.540 --> 01:58:39.740]  Yes, I've got less than 20 seconds, so I've got to let you go. But send me the email and
[01:58:39.740 --> 01:58:41.740]  we'll start up a conversation, okay?
[01:58:41.740 --> 01:58:44.780]  Okay, thank you so much. I really appreciate it.
[01:58:44.780 --> 01:58:48.940]  Yes, ma'am. All right, folks, this has been the Monday Night Rule of Law Radio Show with
[01:58:48.940 --> 01:58:50.340]  your host, Eddie Craig.
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