[00:00.000 --> 00:09.640]  Julian Assange's lawyer says the Swedish sex assault investigation into the WikiLeaks
[00:09.640 --> 00:15.640]  founder was based on claims he didn't use condoms during sex with two Swedish women.
[00:15.640 --> 00:21.160]  Having consensual sex in Sweden without a condom is punishable by at least two years
[00:21.160 --> 00:22.160]  imprisonment.
[00:22.160 --> 00:27.800]  Melbourne lawyer James Katelyn said Thursday Sweden's justice system is destined to become
[00:27.800 --> 00:31.680]  the quote laughing stock of the world.
[00:31.680 --> 00:36.600]  The Obama administration this week announced it has reversed an earlier decision to expand
[00:36.600 --> 00:41.760]  offshore oil exploration in the Atlantic Ocean and eastern Gulf of Mexico for up to seven
[00:41.760 --> 00:42.760]  years.
[00:42.760 --> 00:47.520]  The ban will not affect deep water drilling in some parts of the Gulf hit by the BP oil
[00:47.520 --> 00:54.480]  disaster or in the Arctic where Royal Dutch Shell has applied for a permit to drill.
[00:54.480 --> 00:59.600]  The House of Representatives Thursday voted to extend most of the Bush-era tax cuts for
[00:59.600 --> 01:02.680]  lower and middle income earners in the U.S.
[01:02.680 --> 01:06.960]  The lower chamber sent the bill to the Senate where Republicans have pronounced it dead
[01:06.960 --> 01:08.200]  on arrival.
[01:08.200 --> 01:15.680]  Democrats accused the GOP of holding the middle class hostage to the richest U.S. taxpayers.
[01:15.680 --> 01:21.520]  U.S. diplomats believed Sri Lankan President Mahinda Rajapaksa was responsible for a massacre
[01:21.520 --> 01:25.680]  last year that is the subject of a U.N. war crimes inquiry.
[01:25.680 --> 01:30.960]  According to a Wiki leaked U.S. cable, lawyers for Tamil activists in Britain are seeking
[01:30.960 --> 01:36.480]  an arrest warrant against President Rajapaksa who is currently visiting Britain for alleged
[01:36.480 --> 01:41.120]  war crimes committed last year at the end of a long-running civil war against Tamil
[01:41.120 --> 01:42.120]  separatists.
[01:42.120 --> 01:47.640]  7,000 ethnic Tamil civilians were killed in the final months of the conflict.
[01:47.640 --> 01:53.720]  In a cable sent in January, the U.S. ambassador in Colombo, Patricia Boutinis, said one reason
[01:53.720 --> 01:58.880]  for the lack of progress towards a genuine Sri Lankan inquiry was that the president
[01:58.880 --> 02:06.320]  and former army commander Sarif Fonseca were largely responsible for the killings.
[02:06.320 --> 02:12.200]  Huseyin Selik, deputy leader of Turkey's ruling party, hinted Israel engineered the leak of
[02:12.200 --> 02:17.920]  hundreds of thousands of U.S. diplomatic cables as a plot to pressure the Turkish government.
[02:17.920 --> 02:23.040]  Selik said, quote, Israel has been making statements for days, even before the release
[02:23.040 --> 02:27.160]  of these documents, saying Israel will not suffer from this.
[02:27.160 --> 02:32.600]  The Turkish daily, Herriyet, reported Turkish officials suspected the main cause of these
[02:32.600 --> 02:35.360]  leaks was to weaken the Turkish government.
[02:35.360 --> 02:40.860]  On Tuesday, Turkish President Abdullah Gol said the leak appeared to be, quote, a result
[02:40.860 --> 02:46.200]  of a systematic work with some purpose behind it, but Gol did not mention Israel.
[02:46.200 --> 02:50.800]  WikiLeaks released 8,000 documents from the U.S. embassy in Ankara.
[02:50.800 --> 02:56.040]  For more details on these stories, visit www.inmworldrecord.net.
[02:56.040 --> 03:08.960]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:08.960 --> 03:10.960]  talk radio at its best.
[03:38.960 --> 03:47.960]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:47.960 --> 03:53.960]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:53.960 --> 03:58.960]  When you were eight and you had bad trees, you'd go to school and learn the golden rules.
[03:58.960 --> 04:01.960]  So why are you acting like a bloody fool?
[04:01.960 --> 04:04.960]  If you get hot, then you must get cool.
[04:04.960 --> 04:09.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:09.960 --> 04:13.360]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:13.360 --> 04:14.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:14.960 --> 04:15.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:15.960 --> 04:16.960]  Alright.
[04:16.960 --> 04:17.960]  If you get hot, then you must get cool.
[04:17.960 --> 04:20.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:20.960 --> 04:21.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:21.960 --> 04:22.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:22.960 --> 04:23.960]  Bad boys, bad boys, whatcha gonna do when they come for you?
[04:23.960 --> 04:24.960]  Bad girl, bad boys, bad boys, bad boys.
[04:24.960 --> 04:25.960]  This is The Rule of Law, and we are coming after you, especially you public serpents out
[04:25.960 --> 04:26.960]  there breaking the laws.
[04:26.960 --> 04:27.960]  I'm Deborah Stephens.
[04:27.960 --> 04:30.160]  This is December 3rd.
[04:30.160 --> 04:33.440]  We're going to have Michael Badnerich on a little later in the show.
[04:33.440 --> 04:37.960]  But before Michael comes on, we have an audio clip for you guys.
[04:37.960 --> 04:44.960]  Another one of these audio clips of Eddie kicking butt at some public serpent's office.
[04:44.960 --> 04:47.760]  So Eddie, why don't you introduce the clip and then I'll run it.
[04:47.760 --> 04:51.020]  Well, this is a clip from the 23rd of November.
[04:51.020 --> 04:57.040]  We went down in the traffic case where the young lady was issued a citation even though
[04:57.040 --> 04:59.600]  she was not at fault in the accident.
[04:59.600 --> 05:07.800]  This is the one where the suspected illegal alien side swiped her car and disabled it
[05:07.800 --> 05:09.320]  and attempted to leave the scene.
[05:09.320 --> 05:16.680]  The police officers ticketed him for driving without a license, but they issued a citation
[05:16.680 --> 05:23.160]  for her to her saying that she had rear ended him and caused massive damage to his automobile.
[05:23.160 --> 05:25.120]  And that is completely not the case.
[05:25.120 --> 05:28.940]  They falsified the report and the citation in that regard.
[05:28.940 --> 05:33.040]  And this is our visit down to the city manager's office, letting them know exactly what their
[05:33.040 --> 05:38.480]  officers and their municipal courts are up to and what we intend to be doing about it
[05:38.480 --> 05:41.320]  in the very near future.
[05:41.320 --> 05:48.840]  Today is Tuesday, November 23rd, 2010, it is 2.30 in the afternoon and we're going
[05:48.840 --> 05:50.320]  to see the city manager.
[05:50.320 --> 05:51.320]  Hi, how are you?
[05:51.320 --> 05:52.320]  Hi, how are you?
[05:52.320 --> 05:55.320]  This is the Austin city manager's office.
[05:55.320 --> 05:56.320]  Correct.
[05:56.320 --> 05:57.320]  Jason, it's nice to meet you.
[05:57.320 --> 05:58.320]  I've got some room down here.
[05:58.320 --> 05:59.320]  Okay, thank you so much.
[05:59.320 --> 06:00.320]  I'm so sorry.
[06:00.320 --> 06:01.320]  Oh, no worries.
[06:01.320 --> 06:02.320]  Thank you.
[06:02.320 --> 06:03.320]  Okay, how can I help you guys?
[06:03.320 --> 06:10.320]  What is it that I need to know?
[06:10.320 --> 06:19.160]  Well, I guess the simple way to put it is you need to know that she now has a very good
[06:19.160 --> 06:23.400]  lawsuit against the city and that lawsuit was brought up and initiated by one of your
[06:23.400 --> 06:28.600]  police officers who knowingly and willingly falsified a police report and issued a false
[06:28.600 --> 06:32.240]  citation to her for an accident that was not her fault.
[06:32.240 --> 06:37.800]  She has evidence from the insurance company that talked to the young man and who told
[06:37.800 --> 06:45.520]  him or the young man told them that the quarter panel, no, the young man that hit her, told
[06:45.520 --> 06:51.280]  them that it was the rear quarter panel on the passenger side of his Tahoe that impacted
[06:51.280 --> 06:52.680]  with her car.
[06:52.680 --> 06:58.160]  The officer stated that she hit him full force from behind and caused severe damage to his
[06:58.160 --> 06:59.160]  truck.
[06:59.160 --> 07:00.160]  That's not the case.
[07:00.160 --> 07:07.520]  The gentleman turned across her lane of traffic and in turn damaged her car severely.
[07:07.520 --> 07:12.240]  The two officers that arrived on the scene conducted an extremely shoddy investigation
[07:12.240 --> 07:15.320]  as the police report will show.
[07:15.320 --> 07:20.080]  There are numerous discrepancies in the citation issued, numerous discrepancies in the police
[07:20.080 --> 07:26.000]  report and numerous discrepancies in the statements made by the officers in those reports.
[07:26.000 --> 07:30.840]  There were five additional witnesses in the other vehicle that the officers never questioned
[07:30.840 --> 07:35.880]  who fled the scene after the accident occurred and returned before the officers vacated
[07:35.880 --> 07:38.760]  the incident.
[07:38.760 --> 07:42.880]  They also never questioned this young lady or the lady that was riding with her in the
[07:42.880 --> 07:46.440]  automobile at any time in regard to what actually happened.
[07:46.440 --> 07:52.080]  Needless to say, the officer has put her at great financial risk and health risk because
[07:52.080 --> 07:56.760]  she has a condition that has been aggravated by having to resolve this issue.
[07:56.760 --> 08:01.320]  The financial harm to her is the cost of the car, the increase in premiums that will occur
[08:01.320 --> 08:07.040]  if she has to lay that claim at her insurance company's feet and so on and so forth when
[08:07.040 --> 08:10.000]  the other gentleman is the one that was actually at fault.
[08:10.000 --> 08:15.800]  The other gentleman, knowing he was at fault, attempted to falsify a claim against her insurance
[08:15.800 --> 08:24.560]  company to repair his automobile knowing he was the one that instigated the accident.
[08:24.560 --> 08:34.520]  One of the things I mentioned to Marnie over the phone was anything regarding an ongoing
[08:34.520 --> 08:41.600]  legal matter, I say legal matter, mentioned a lawsuit, one of the documents I got a chance
[08:41.600 --> 08:44.600]  to review with the motion was dismissed.
[08:44.600 --> 08:48.360]  Did you drop off the law department and the mayor's office?
[08:48.360 --> 08:51.600]  The date stamp copy that I got from the mayor's office indicated you all were taken to the
[08:51.600 --> 08:53.800]  law department so I wasn't sure if you all got anything.
[08:53.800 --> 08:54.800]  Well, it was filed in the court.
[08:54.800 --> 08:55.800]  It was filed in the court.
[08:55.800 --> 08:56.800]  Right.
[08:56.800 --> 08:57.800]  Good.
[08:57.800 --> 08:58.800]  That was okay.
[08:58.800 --> 08:59.800]  Good.
[08:59.800 --> 09:00.800]  Okay.
[09:00.800 --> 09:01.800]  This also was filed in the court yesterday.
[09:01.800 --> 09:02.800]  Okay.
[09:02.800 --> 09:03.800]  Okay.
[09:03.800 --> 09:07.520]  I want to give an instructive notice to the court that the law is to be obeyed in this
[09:07.520 --> 09:11.760]  and that she has not waived any of her rights in this matter regarding the citation.
[09:11.760 --> 09:17.680]  That's exactly one of the things I brought up with her is that this really does need
[09:17.680 --> 09:20.080]  to be presented in court.
[09:20.080 --> 09:21.080]  Right.
[09:21.080 --> 09:22.080]  It has.
[09:22.080 --> 09:23.080]  We're just giving that to you.
[09:23.080 --> 09:27.640]  I want to be honest with you guys and say there's really nothing I might decide.
[09:27.640 --> 09:28.640]  Right.
[09:28.640 --> 09:31.800]  She's not expecting you guys to resolve that portion of the issue.
[09:31.800 --> 09:32.800]  Okay.
[09:32.800 --> 09:33.800]  Okay.
[09:33.800 --> 09:38.280]  What is expected to be done is that the officer be dealt with for falsifying the report.
[09:38.280 --> 09:46.000]  And let me get to that because we do have an important process that we work with here.
[09:46.000 --> 09:48.560]  I'm sure maybe you guys have heard of the police monitor's office.
[09:48.560 --> 09:50.280]  Have you all dealt with them yet?
[09:50.280 --> 09:55.440]  Which they made the report to and so far has refused to do anything about it.
[09:55.440 --> 09:58.400]  They've outwardly said we're not going to pursue it.
[09:58.400 --> 10:02.240]  Are they waiting to see what comes up?
[10:02.240 --> 10:03.240]  I'm not sure.
[10:03.240 --> 10:09.080]  I haven't talked directly to the sergeant at this point, but only to the police monitor,
[10:09.080 --> 10:11.080]  the gentleman at the police monitor's office.
[10:11.080 --> 10:12.080]  Okay.
[10:12.080 --> 10:15.080]  So I think they're waiting.
[10:15.080 --> 10:23.560]  I'm just trying to think.
[10:23.560 --> 10:28.560]  Now this does add one other little area to this that you may not be apprised of, but
[10:28.560 --> 10:30.520]  you definitely need to know.
[10:30.520 --> 10:34.600]  And that is that when the officer issued a citation to this young lady, he placed her
[10:34.600 --> 10:36.520]  in a custodial arrest.
[10:36.520 --> 10:38.200]  He did not read her her rights.
[10:38.200 --> 10:42.120]  He gave her no information, nor did he bother to inform her that she was in a custodial
[10:42.120 --> 10:44.000]  arrest at the time.
[10:44.000 --> 10:48.680]  But when an officer in Texas initiates a traffic stop of any kind for the purpose of issuing
[10:48.680 --> 10:55.280]  a citation, Chapter 543 makes it very clear that that individual is in a custodial arrest.
[10:55.280 --> 10:56.660]  Okay.
[10:56.660 --> 11:01.400]  At that time, her rights were not read and information was taken from her that was used
[11:01.400 --> 11:06.600]  to build a support, false though it is, to cause her damage.
[11:06.600 --> 11:07.600]  Okay.
[11:07.600 --> 11:13.520]  So at this point, she also has a cause of action against the officer for false imprisonment.
[11:13.520 --> 11:18.480]  Again, that would have to be addressed in that legal setting.
[11:18.480 --> 11:19.480]  Yes.
[11:19.480 --> 11:24.080]  What I can do is advise you, while I can't give you legal advice, of course...
[11:24.080 --> 11:25.080]  You can recommend.
[11:25.080 --> 11:27.080]  I always recommend that...
[11:27.080 --> 11:31.920]  And I go back to the police monitor because that really is an administrative tool.
[11:31.920 --> 11:39.440]  While this is all the legal tools, we have access to what we can do administratively
[11:39.440 --> 11:42.400]  in the investigation through the police monitor's office.
[11:42.400 --> 11:43.400]  And they do.
[11:43.400 --> 11:47.320]  They are required to follow up on any complaint made on any officer.
[11:47.320 --> 11:52.560]  And if they're not pursuing it, they have to have done a good reason not to do so.
[11:52.560 --> 11:57.320]  So I'd be curious to know who it was you visited with at OPM, police monitor's office.
[11:57.320 --> 11:59.320]  Do either of y'all recall some...
[11:59.320 --> 12:04.120]  If they're not following up on a report, then we need to know that as well.
[12:04.120 --> 12:05.120]  Okay.
[12:05.120 --> 12:09.200]  Now, also in regards to the municipal court, while I understand the mayor's office is not
[12:09.200 --> 12:14.100]  allowed to interfere in any judicial proceedings in that court, who is responsible for the
[12:14.100 --> 12:19.440]  hiring and firing of the individuals, including the magistrates of said court?
[12:19.440 --> 12:27.400]  Well, the judges, the justices are obviously appointed and they do exercise a certain degree
[12:27.400 --> 12:28.400]  of autonomy.
[12:28.400 --> 12:37.400]  I'll be real frank and honest with you, I don't know the entire hiring process of the
[12:37.400 --> 12:38.400]  judges.
[12:38.400 --> 12:41.400]  How about the dismissal process?
[12:41.400 --> 12:48.360]  Well the court clerk, Rebecca Stark, is over all the hiring, over all the staffing of the
[12:48.360 --> 12:50.400]  municipal court.
[12:50.400 --> 12:51.400]  Including her own bosses?
[12:51.400 --> 12:52.400]  No.
[12:52.400 --> 12:53.800]  No, she's separate from the judge.
[12:53.800 --> 12:58.880]  She actually is the administrative arm of the court.
[12:58.880 --> 13:03.280]  So if she is another resource, you can certainly contact.
[13:03.280 --> 13:05.960]  I don't know what information she cannot give to you.
[13:05.960 --> 13:10.840]  That's really not something I'm terribly familiar with, but she's a good resource to have if
[13:10.840 --> 13:13.040]  you've not already spoken with her.
[13:13.040 --> 13:17.200]  Now this leaves a couple issues dealing with that particular arena.
[13:17.200 --> 13:22.480]  One, the court clerks are being directed by these magistrates not to allow people to make
[13:22.480 --> 13:25.120]  filings in their own cases.
[13:25.120 --> 13:29.520]  This document is evidence and exhibit of part of her case.
[13:29.520 --> 13:34.080]  The clerk is refusing to stamp these to acknowledge that they've been placed into the file in
[13:34.080 --> 13:40.080]  the record, which is detrimental to her ability to defend herself in court.
[13:40.080 --> 13:42.120]  Now that's problem number one.
[13:42.120 --> 13:46.640]  The second problem is your court is not obeying the Code of Criminal Procedure in the process
[13:46.640 --> 13:48.680]  they use and what they do.
[13:48.680 --> 13:52.320]  When an individual goes before that clerk down there, the first thing they're asked to do
[13:52.320 --> 13:54.000]  is to enter a plea.
[13:54.000 --> 13:58.080]  I want someone to produce the law that gives the clerk the authority to act in the place
[13:58.080 --> 14:02.760]  of a magistrate for the purpose of accepting a plea, because to my knowledge it does not
[14:02.760 --> 14:04.080]  exist.
[14:04.080 --> 14:08.760]  So the clerk is exercising the powers of a judicial officer when they are not a judicial
[14:08.760 --> 14:13.560]  officer, and they're doing it under the direct order of the judge.
[14:13.560 --> 14:18.400]  Now the other problem is the judges don't follow the procedure that's laid out in the
[14:18.400 --> 14:19.760]  code.
[14:19.760 --> 14:25.360]  When a traffic stop resulting in a citation comes about, that process begins in Chapter
[14:25.360 --> 14:29.680]  543 of the Transportation Code, where the officer is given specific directives as to
[14:29.680 --> 14:32.040]  what he is to do in that instance.
[14:32.040 --> 14:36.040]  If he fails to do those things, that section of code says he has committed misconduct in
[14:36.040 --> 14:39.080]  office and is subject to removal for it.
[14:39.080 --> 14:45.600]  Now they are commanded in that section, apart from 1406 of the Code of Criminal Procedure,
[14:45.600 --> 14:52.320]  to when someone either doesn't sign the citation or demands to be taken to a magistrate, the
[14:52.320 --> 14:56.280]  code says they are to immediately be taken to a magistrate.
[14:56.280 --> 14:59.800]  It doesn't give anything regarding date, time of day, anything.
[14:59.800 --> 15:05.400]  It says they are to be taken immediately, as opposed to 1406A, which says they can be
[15:05.400 --> 15:12.960]  taken as soon as possible, but no less than 48 hours, or no more than 48 hours.
[15:12.960 --> 15:19.440]  Now under those directives, any individual that receives a citation but won't sign it
[15:19.440 --> 15:24.360]  or demands to be taken before a magistrate is not done.
[15:24.360 --> 15:30.200]  They are instead taken and hauled to a jail cell in direct violation of the statute and
[15:30.200 --> 15:32.480]  the rights of the individual in question.
[15:32.480 --> 15:38.000]  They've been incarcerated for an offense that is fine only and does not involve incarceration
[15:38.000 --> 15:43.800]  in any way, yet they've been hauled to jail by an officer who is forbidden to institute
[15:43.800 --> 15:47.040]  a sentence of jail on anybody.
[15:47.040 --> 15:51.120]  Now once the individual is taken to the magistrate, there's two different processes they can use,
[15:51.120 --> 15:55.280]  depending upon how the individual arrives before the magistrate.
[15:55.280 --> 16:00.240]  If the officer brings them without a warrant, then the individual process begins in Chapter
[16:00.240 --> 16:06.720]  14 of the Code of Criminal Procedure, beginning more or less in 1406, where the procedure
[16:06.720 --> 16:07.720]  starts.
[16:07.720 --> 16:13.400]  1406A says that that magistrate is required to read that individual their rights and to
[16:13.400 --> 16:20.560]  perform all the functions of Chapter 15 under Article 1517 of the Code of Criminal Procedure.
[16:20.560 --> 16:25.160]  It also goes down to say that in Subsection B that a person that has been issued a citation
[16:25.160 --> 16:30.360]  for a Class C fine only misdemeanor has certain things that can be done by the officer, which
[16:30.360 --> 16:36.840]  is issue the citation, which corresponds to 543, and then the individual can be released
[16:36.840 --> 16:38.440]  until such time as they appear.
[16:38.440 --> 16:42.680]  All right, folks, we're going to take a break right here.
[16:42.680 --> 16:49.120]  We are listening to Eddie at the Austin City Manager's Office discussing this case concerning
[16:49.120 --> 16:55.800]  the suspected illegal alien who got in a car accident who basically wrecked our friend
[16:55.800 --> 16:56.800]  Marnie's car.
[16:56.800 --> 17:02.400]  We'll be right back.
[17:02.400 --> 17:06.840]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[17:06.840 --> 17:09.440]  supplies in the Austin metro area.
[17:09.440 --> 17:11.480]  We also ship worldwide.
[17:11.480 --> 17:15.560]  We are a family-owned and operated business that offers competitive prices on your coin
[17:15.560 --> 17:16.560]  and metals purchases.
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[17:30.280 --> 17:36.480]  We're located at 5448 Barnett Road Suite 3, and we're open Monday through Friday 10 a.m.
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[17:40.240 --> 17:47.640]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:47.640 --> 17:48.640]  with any questions.
[17:48.640 --> 17:53.400]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:53.400 --> 18:00.680]  That's Capital Coin and Bullion, 512-646-6440.
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[18:41.520 --> 18:47.040]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.040 --> 18:50.040]  or email michaelmears at yahoo.com.
[18:50.040 --> 18:59.040]  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
[18:59.040 --> 19:13.040]  collectors now.
[19:13.040 --> 19:42.040]  Okay, folks, we are back.
[19:42.040 --> 19:44.040]  We want justice.
[19:44.040 --> 19:47.040]  That's what this song is about.
[19:47.040 --> 19:53.040]  We see justice is the goal, it's the key, and that's what we are after.
[19:53.040 --> 19:59.040]  Okay, again, folks, this is Eddie at the city manager's office giving...
[19:59.040 --> 20:01.040]  Now, who is this gentleman you're speaking with, Eddie?
[20:01.040 --> 20:04.040]  Is this actually the city manager or one of his minions?
[20:04.040 --> 20:06.040]  No, this is one of the assistant city managers.
[20:06.040 --> 20:08.040]  One of the assistant city managers.
[20:08.040 --> 20:09.040]  What's the guy's name?
[20:09.040 --> 20:11.040]  Jason Alexander, I believe.
[20:11.040 --> 20:16.040]  Okay, assistant city manager Jason Alexander that Eddie is raking over the coals here
[20:16.040 --> 20:25.040]  over this falsified police report that was composed by this officer who refused to do
[20:25.040 --> 20:32.040]  any investigation whatsoever into this young, I would say, child, boy, the guy's probably,
[20:32.040 --> 20:35.040]  what, only 16, 17 years old, borrowing his parents' car, right?
[20:35.040 --> 20:41.040]  That's the age it shows that he's got, but when you actually look at the Facebook page
[20:41.040 --> 20:44.040]  and all that, he's either 18 or 19.
[20:44.040 --> 20:45.040]  Okay.
[20:45.040 --> 20:48.040]  He was cruising around town with a bunch of young girls.
[20:48.040 --> 20:53.040]  We don't know what age they were, but out of the five that were in the truck with him,
[20:53.040 --> 20:56.040]  not a single one of them was questioned by these officers.
[20:56.040 --> 20:58.040]  No one was questioned.
[20:58.040 --> 21:05.040]  And the youngster who hit Marnie didn't have an ID, couldn't speak English.
[21:05.040 --> 21:07.040]  We suspect he's an illegal alien.
[21:07.040 --> 21:15.040]  And just as the normal standard MO is, it's actually policy coming down from the Feds
[21:15.040 --> 21:19.040]  that to leave the illegal aliens alone in these kinds of situations
[21:19.040 --> 21:21.040]  and throw the book at the citizens.
[21:21.040 --> 21:22.040]  So we're sick of it.
[21:22.040 --> 21:24.040]  We're not going to put up with it anymore.
[21:24.040 --> 21:27.040]  All right, so here's the rest of the clip, folks.
[21:27.040 --> 21:31.040]  It's actually, this clip is about an hour and 10 minutes long, hour and 14 minutes long.
[21:31.040 --> 21:33.040]  We've gotten through like the first 11 minutes,
[21:33.040 --> 21:36.040]  so we will be playing this clip for the next hour or so
[21:36.040 --> 21:37.040]  and then bringing on Michael Batnarek.
[21:37.040 --> 21:39.040]  So here it goes.
[21:39.040 --> 21:43.040]  Well, when you go to 1517 and you finish all the procedures in A,
[21:43.040 --> 21:46.040]  then you get to look at procedure B.
[21:46.040 --> 21:51.040]  And it specifically says the magistrate is required under A to hold an examining trial,
[21:51.040 --> 21:53.040]  which they never, ever do.
[21:53.040 --> 21:54.040]  Okay.
[21:54.040 --> 21:58.040]  And in that examining trial, they establish probable cause,
[21:58.040 --> 22:03.040]  and the magistrate must issue an order finding probable cause
[22:03.040 --> 22:05.040]  to send the individual to an arraignment.
[22:05.040 --> 22:08.040]  And they are directed in subsection B to create an order
[22:08.040 --> 22:12.040]  and sign it in writing for specifically that purpose,
[22:12.040 --> 22:17.040]  to order the individual to appear at a later date in another court for arraignment.
[22:17.040 --> 22:20.040]  That's also never done.
[22:20.040 --> 22:21.040]  Okay.
[22:21.040 --> 22:25.040]  Now you have to go in 1517 over to subsection G,
[22:25.040 --> 22:29.040]  which specifically states that if the individual is brought before the magistrate
[22:29.040 --> 22:37.040]  of their own free will in response to a citation that was issued in accordance with 1406B or C,
[22:37.040 --> 22:44.040]  then everything in 1517 must be done as if the person had been brought directly to the magistrate
[22:44.040 --> 22:46.040]  by the officer.
[22:46.040 --> 22:49.040]  That's also never done.
[22:49.040 --> 22:54.040]  All of these are direct due process violations on an individual appearing before the court.
[22:54.040 --> 23:00.040]  Let me make a point on that because the more down this path we go,
[23:00.040 --> 23:07.040]  one thing I'll be very sure I don't do is undermine any concerns
[23:07.040 --> 23:10.040]  y'all are bringing up with me today.
[23:10.040 --> 23:15.040]  But I'll be honest with you at the same time and let you know that my background is not in law,
[23:15.040 --> 23:20.040]  with the exception of the fact that the municipal court falls under our service departments
[23:20.040 --> 23:24.040]  from an administrative perspective.
[23:24.040 --> 23:26.040]  So it falls under the law department?
[23:26.040 --> 23:28.040]  No, no, it doesn't fall under the law department.
[23:28.040 --> 23:33.040]  The municipal court falls under the assistant city manager who oversees right now.
[23:33.040 --> 23:35.040]  Well, the way we've got it currently set up is all the public safety departments
[23:35.040 --> 23:39.040]  in the municipal court and the downtown court.
[23:39.040 --> 23:43.040]  So is your court an administrative court or is it a criminal court?
[23:43.040 --> 23:48.040]  It's an administrative court.
[23:48.040 --> 23:54.040]  These matters here, you know, I can think of a couple, I guess, paths
[23:54.040 --> 24:00.040]  because I'm not the person that can sit here and clarify to you from a statute perspective
[24:00.040 --> 24:02.040]  what is and what's not being abided by.
[24:02.040 --> 24:03.040]  I just can't do that.
[24:03.040 --> 24:04.040]  I understand that.
[24:04.040 --> 24:06.040]  My purpose was just to give you the information.
[24:06.040 --> 24:11.040]  Absolutely, and believe me, I appreciate that because what you raise here
[24:11.040 --> 24:13.040]  are some legitimate concerns.
[24:13.040 --> 24:21.040]  I guess moving forward and trying to find a way for Margie to be able to resolve her issue,
[24:21.040 --> 24:23.040]  just trying to think out loud for a moment.
[24:23.040 --> 24:28.040]  Is there somebody else that should be in this meeting maybe?
[24:28.040 --> 24:31.040]  Well, probably, arguably, yes.
[24:31.040 --> 24:35.040]  I don't think the more of us into this situation,
[24:35.040 --> 24:39.040]  I'm not really the appropriate person to deal directly with.
[24:39.040 --> 24:46.040]  One of the points I made to Margie on the phone was really this would need to be presented in the court.
[24:46.040 --> 24:52.040]  You can certainly get some clarification, especially when you're talking about statutes.
[24:52.040 --> 25:00.040]  Well, if you've seen that initial motion, everything I just brought up is in that initial motion.
[25:00.040 --> 25:04.040]  I would, well, I would do one of two things if not both.
[25:04.040 --> 25:07.040]  Let me make that point and then let me get back to this police monitor part
[25:07.040 --> 25:12.040]  because that's another arm of this conversation that I don't want to be paying in.
[25:12.040 --> 25:23.040]  If it's clarification that we can help with,
[25:23.040 --> 25:30.040]  then I would not find it at all to be a bad idea for you all to visit our fourth floor,
[25:30.040 --> 25:36.040]  which is the law department, and I'm pretty sure the prosecutor's office is located out of there.
[25:36.040 --> 25:44.040]  Her name is, I don't know if it's Becky Benson, Betty Benson, but her last name is Benson,
[25:44.040 --> 25:48.040]  and she's the city's chief prosecutor.
[25:48.040 --> 25:58.040]  I am quite sure if she's got time, she can sit down and listen to this and at least help clarify.
[25:58.040 --> 26:04.040]  Now, if there's a question about the legality of our court, that's also something she can answer too.
[26:04.040 --> 26:12.040]  The other arena, obviously, is to go to court, and that's a process you'll have to endeavor on your own.
[26:12.040 --> 26:20.040]  I can't help you with that personally, but I want you all to know that there is that instrument.
[26:20.040 --> 26:22.040]  Would it be possible to be heard at that?
[26:22.040 --> 26:23.040]  I don't know.
[26:23.040 --> 26:25.040]  You'd have to take a few sections on the fourth floor.
[26:25.040 --> 26:28.040]  Well, the entire reason for the meeting, more or less,
[26:28.040 --> 26:36.040]  besides apprising you folks of what the situation is here, is that there is a third option that nobody wanted to consider,
[26:36.040 --> 26:40.040]  and that is that, yes, we go to court, but not in the venue they've set up.
[26:40.040 --> 26:44.040]  The problem here is that when the court itself is acting in violation of law,
[26:44.040 --> 26:48.040]  the court has given up any and all jurisdiction it's got.
[26:48.040 --> 26:55.040]  A person cannot be expected to abide by a corrupt ruling in a corrupt court, and they're not required to do so.
[26:55.040 --> 27:02.040]  The problem this creates for both the magistrate and the prosecutor, if the prosecutor and the judge both are required to know this,
[27:02.040 --> 27:07.040]  they're not allowed to say, I didn't know, any more than we are when they charge us with something.
[27:07.040 --> 27:12.040]  When they don't abide by the procedure set forth by the people through the legislature,
[27:12.040 --> 27:15.040]  they're creating a criminal act of their own.
[27:15.040 --> 27:19.040]  The problem is it's not one, it's multiple.
[27:19.040 --> 27:26.040]  I've talked to the city prosecutors up here a couple of times, both at the courthouse, specifically at the courthouse.
[27:26.040 --> 27:27.040]  They don't want to talk.
[27:27.040 --> 27:28.040]  They don't want to read the law.
[27:28.040 --> 27:32.040]  They just want to argue about what it is, even when it's written right in black and white in front of them.
[27:32.040 --> 27:34.040]  Is this Texas local government code?
[27:34.040 --> 27:35.040]  Local government, no.
[27:35.040 --> 27:41.040]  This is the criminal code and the transportation code and the penal code.
[27:41.040 --> 27:43.040]  But everything that I've talked about is in this one.
[27:43.040 --> 27:46.040]  This is the book they use when they go to court.
[27:46.040 --> 27:56.040]  Now, what I'm getting at with this is that the judge and the prosecutor have no immunity of any kind when they violate law.
[27:56.040 --> 27:58.040]  Their immunity is gone.
[27:58.040 --> 28:02.040]  If the judge is acting absent jurisdiction, their immunity is gone.
[28:02.040 --> 28:06.040]  I'm certainly not here to argue in the defense of anybody that's doing this.
[28:06.040 --> 28:07.040]  Right, and I understand that.
[28:07.040 --> 28:10.040]  I'm just trying to get you to understand the weight of the situation here.
[28:10.040 --> 28:19.040]  The judge and the prosecutor in their refusal to acknowledge the law and to continue with their streamlined process for revenue generation purposes,
[28:19.040 --> 28:23.040]  which when you go down there and watch the court, that's all it's there for.
[28:23.040 --> 28:25.040]  It's a money mill.
[28:25.040 --> 28:27.040]  It's not a justice mill.
[28:27.040 --> 28:34.040]  And when they get in that situation and start issuing citations to people without a proper investigation,
[28:34.040 --> 28:42.040]  knowing full well that they falsified the information in the citation and the police report and in the complaint that was made to the court
[28:42.040 --> 28:50.040]  and so on and so forth, those are criminal charges, aggravated perjury, false imprisonment, malicious prosecution.
[28:50.040 --> 28:55.040]  Now, let's also jump back for just a second to the police officer.
[28:55.040 --> 29:03.040]  The moment the police officer committed the criminal act of falsifying that report, it's fruit of the poison tree from then on.
[29:03.040 --> 29:07.040]  Everything he did right to the moment he arrived becomes illegal.
[29:07.040 --> 29:14.040]  If he's acting illegally and without authority, he's no different than you and I if we walked up wearing a gun and a uniform
[29:14.040 --> 29:18.040]  and accosted this lady on the side of the street for no reason whatsoever.
[29:18.040 --> 29:21.040]  That gives her a cause of action for aggravated assault.
[29:21.040 --> 29:28.040]  Had he put her in cuffs and taken her away, it would have been aggravated kidnapping, all first-degree felonies in Texas.
[29:28.040 --> 29:32.040]  The problem is this does not stay one little anthill.
[29:32.040 --> 29:42.040]  It gets very big, very fast when the first mistake is made that deprives any citizen of Texas in their due process rights and in violation of law.
[29:42.040 --> 29:46.040]  All right, folks, we're going to break. We'll be right back with the rest of this clip.
[29:46.040 --> 29:48.040]  This is the rule of law.
[29:48.040 --> 29:51.040]  Randy Kelton, Eddie Craig, Deborah Stevens.
[29:51.040 --> 30:00.040]  We'll be right back.
[30:00.040 --> 30:03.040]  Christ fed the multitudes with only one loaf of bread.
[30:03.040 --> 30:06.040]  Poor people, there's something for you.
[30:06.040 --> 30:09.040]  Austin's Own Caribbean, One Love Kitchen.
[30:09.040 --> 30:14.040]  The banks of Colorado River at 3109 East 1st Street is where you'll find One Love Kitchen.
[30:14.040 --> 30:20.040]  Jerk chicken, vegetarian, restaurant, Monday through Wednesday, lunch and dinner, $5.00.
[30:20.040 --> 30:24.040]  Friday and Saturday, we got late night with Empress Town Crew, still a $5.00 place.
[30:24.040 --> 30:29.040]  Jerk chicken and vegetarian place to beat One Love Kitchen, Austin, Texas.
[30:29.040 --> 30:34.040]  The joy of gift giving often leads to the dreaded returns process.
[30:34.040 --> 30:41.040]  Amazon knows it's a pain exchanging unwanted presents, but their solution is tackier than a lime green tie.
[30:41.040 --> 30:44.040]  I'm Dr. Catherine Albrecht, and I'll be back with more in just a moment.
[30:44.040 --> 30:52.040]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[30:52.040 --> 30:53.040]  That's creepy.
[30:53.040 --> 30:55.040]  But it doesn't have to be that way.
[30:55.040 --> 30:58.040]  Startpage.com is the world's most private search engine.
[30:58.040 --> 31:04.040]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third party certified.
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[31:15.040 --> 31:22.040]  Amazon.com has patented preemptive gift returns so you can prevent undesirable gifts from ever being sent in the first place.
[31:22.040 --> 31:25.040]  Just exchange them in advance for something else.
[31:25.040 --> 31:31.040]  While it might help gifties with taste challenge relatives, it's a privacy activist nightmare and a profiler's dream.
[31:31.040 --> 31:38.040]  You would have to give Amazon an exhaustive list of all your likes and dislikes, which would tell them everything from your size to your lifestyle.
[31:38.040 --> 31:43.040]  Imagine the advertising possibilities and your inbox crammed full of spam.
[31:43.040 --> 31:49.040]  What's more, the pattern warns that gift switching data could end up in the wrong hands and hurt your Aunt Martha's feelings.
[31:49.040 --> 31:51.040]  Amazon has yet to implement the system.
[31:51.040 --> 31:53.040]  Here's hoping they never do.
[31:53.040 --> 31:55.040]  I'm Dr. Catherine Albrecht.
[31:55.040 --> 31:58.040]  More news and information at CatherineAlbrecht.com.
[32:12.040 --> 32:14.040]  Okay, folks, we are back.
[32:14.040 --> 32:29.040]  We are going to continue the audio clip of Eddie's verbal tort letter to the city manager's office regarding this falsified police report over the suspected illegal alien.
[32:29.040 --> 32:32.040]  Here is the rest of the clip.
[32:32.040 --> 32:36.040]  The problem is this does not stay one little ant heel.
[32:36.040 --> 32:45.040]  This gets very big, very fast when the first mistake is made that deprives any citizen of Texas in their due process rights and in violation of law.
[32:45.040 --> 32:57.040]  Let me say this. If you all are talking about things at that level, that would not be resolved in our municipal court.
[32:57.040 --> 33:04.040]  No, we understand that, but we're just making you aware that it's your municipal court that is compounding these issues to a huge degree.
[33:04.040 --> 33:10.040]  I understand. I understand. I have to make a decision on that. That, of course, would have to be presented in that district court level.
[33:10.040 --> 33:18.040]  Can I ask you a question? When is the next city council meeting?
[33:18.040 --> 33:26.040]  No, we hold them on Thursday. The next one, I believe, is December 9th.
[33:26.040 --> 33:28.040]  December 9th. Okay.
[33:28.040 --> 33:37.040]  Is any of this an issue that should be brought up at a city council meeting before all the individuals responsible for who sits in that court?
[33:37.040 --> 33:43.040]  Because I'm quite sure the city council and the mayor all have some say into who goes into that court and acts as a magistrate, do they not?
[33:43.040 --> 33:56.040]  I would think they have a role in it, but I don't think the current presiding judge has been there for a number of years.
[33:56.040 --> 34:03.040]  She wasn't appointed by any of these council members, and I don't know if her appointment has come up for renewal and they just continue to keep her as judge.
[34:03.040 --> 34:08.040]  I honestly don't know where that starts. That's Ellen McGee.
[34:08.040 --> 34:14.040]  Ellen McGee is the current presiding judge.
[34:14.040 --> 34:23.040]  I know that the municipal court does report to council, but I honestly don't know.
[34:23.040 --> 34:32.040]  I've not been here long enough to know who it was that appointed Judge McKee. I just don't know that information.
[34:32.040 --> 34:35.040]  But you are certain it's an administrative court?
[34:35.040 --> 34:37.040]  And I'm not even sure if that's the case.
[34:37.040 --> 34:41.040]  I say these terms and I'm not sure I know to be able to distinguish.
[34:41.040 --> 34:55.040]  I know we don't do, like if I could characterize it, I would say that the municipal court deals with misdemeanor type charges, traffic citations, parking, those sorts of things.
[34:55.040 --> 34:59.040]  Right. Anything that's fine only, not over $200.
[34:59.040 --> 35:02.040]  And I believe that is the case.
[35:02.040 --> 35:09.040]  Anything beyond that or in a criminal level is handled, I think, by the district court.
[35:09.040 --> 35:26.040]  And forgive me, my knowledge of the court specifics is just not that thorough, which is why I would honestly be here and saying that and letting you know that if there's somebody we can get in touch with to clarify, of course that's our law department and you're welcome to do that.
[35:26.040 --> 35:36.040]  Going back to the city council meeting, citizens have every right to sign up to speak at Citizens Communication and we certainly can't tell you not to.
[35:36.040 --> 35:41.040]  We can't forbid you from doing that and that is absolutely your right.
[35:41.040 --> 35:48.040]  To know a little bit about that procedure, you sign up with the city clerk's office and you get three minutes to speak.
[35:48.040 --> 35:50.040]  How do you get more than three minutes?
[35:50.040 --> 35:52.040]  For Citizens Communication you don't.
[35:52.040 --> 35:55.040]  What if you want to give the time to somebody else?
[35:55.040 --> 36:04.040]  If there is an actual council item, check me on this, feel free to go to the city clerk's office, they're located on the first floor.
[36:04.040 --> 36:12.040]  If it's not a specific council item for action, if it's just Citizens Communication, I don't think people can donate time.
[36:12.040 --> 36:16.040]  But if you're presenting a form of corruption that they need to know about?
[36:16.040 --> 36:19.040]  It would still not be a council item for action.
[36:19.040 --> 36:22.040]  You would have to still speak at Citizens Communication.
[36:22.040 --> 36:39.040]  Unless you spoke to a council office and they wanted to somehow hold a hearing on it or testify before the committee.
[36:39.040 --> 36:45.040]  Even if you went and walked the halls of the city council and the mayor, I think they would still tell you.
[36:45.040 --> 36:58.040]  We're not going to say by we, I mean the city, I don't think the city would ever acknowledge that there's any corruption until that's been...
[36:58.040 --> 37:01.040]  Oh, I agree. They're not going to acknowledge it.
[37:01.040 --> 37:09.040] ...a court setting. So there will not be a council action on this.
[37:09.040 --> 37:11.040]  Right. And I'm not talking about an action.
[37:11.040 --> 37:17.040]  I'm talking about presenting them the same information I just presented to you so that they're aware.
[37:17.040 --> 37:21.040]  The arena for that would have to be Citizens Communication.
[37:21.040 --> 37:25.040]  Now, let me go back to the time part of it because I don't know that for a fact.
[37:25.040 --> 37:32.040]  I say that in my experience, I've not known anybody to be able to give time during Citizens Communication.
[37:32.040 --> 37:38.040]  You would have to each individually speak for your own respective three minutes because it's not a council item.
[37:38.040 --> 37:45.040]  This is just a time that the council hears from it to communicate from the public.
[37:45.040 --> 37:49.040]  But again, check me on that because I don't know if you can.
[37:49.040 --> 37:54.040]  It's just in my experience, I'm relatively certain you can.
[37:54.040 --> 37:57.040]  I'm sure there's got to be an exception rule in there somewhere.
[37:57.040 --> 38:05.040]  You should be able to donate your time for a matter that's very critical.
[38:05.040 --> 38:12.040]  Well, for example, maybe you all have been, if you've followed much of the council action in recent months,
[38:12.040 --> 38:17.040]  we've had that awesome already utility item, that big water pipeline.
[38:17.040 --> 38:26.040]  And they've held, because that was a substantial action, they did hold hearings on that and they held public comment.
[38:26.040 --> 38:30.040]  And people, even when the council votes on an item, they'll,
[38:30.040 --> 38:35.040]  if it receives a lot of folks signing up to comment on that item,
[38:35.040 --> 38:38.040]  then they'll oftentimes pull it so they can hear public comment.
[38:38.040 --> 38:45.040]  And when you speak to a specific item that's posted for action, you're absolutely right.
[38:45.040 --> 38:53.040]  You could donate your three minutes to Marnie as could he because you're speaking to a specific item.
[38:53.040 --> 38:57.040]  When it comes to Citizens Communication, I just don't think that's the case.
[38:57.040 --> 39:02.040]  But that's why I say don't hold me to that check with the authorities, which is the city clerk.
[39:02.040 --> 39:03.040]  Where do we find her?
[39:03.040 --> 39:04.040]  She's on the first floor.
[39:04.040 --> 39:08.040]  She's directly below us on that side of the building.
[39:08.040 --> 39:13.040]  Such is the time when the blood draws were going forward through the city council.
[39:13.040 --> 39:17.040]  The blood draws was an item for council.
[39:17.040 --> 39:24.040]  You could have signed up to speak and the council would have had to allow you to speak to that.
[39:24.040 --> 39:33.040]  At that point, since it's an item, you can give it over to whoever donates your time.
[39:33.040 --> 39:40.040]  You still have to sign up to speak and then you say, council, I give my three minutes to so-and-so.
[39:40.040 --> 39:51.040]  That was because that was an item brought forward by the police department for action by the council.
[39:51.040 --> 39:56.040]  The department is requesting that the council act as was posted.
[39:56.040 --> 40:01.040]  Your department, you work under Michael McDonald?
[40:01.040 --> 40:02.040]  Mm-hmm.
[40:02.040 --> 40:10.040]  So the police department reports directly to this department, I believe, doesn't it?
[40:10.040 --> 40:15.040]  The police chief, fire chief, the EMS director, director of the community court,
[40:15.040 --> 40:21.040]  director of the municipal court, all of that.
[40:21.040 --> 40:23.040]  Those are our service departments.
[40:23.040 --> 40:26.040]  He reports directly to you guys?
[40:26.040 --> 40:27.040]  Mm-hmm.
[40:27.040 --> 40:28.040]  Okay.
[40:28.040 --> 40:29.040]  In the org tree, yeah.
[40:29.040 --> 40:30.040]  That's the way it is.
[40:30.040 --> 40:31.040]  Okay.
[40:31.040 --> 40:37.040]  And then Michael McDonald then reports to the city manager.
[40:37.040 --> 40:40.040]  Did you have anything specifically you wanted to address with him?
[40:40.040 --> 40:42.040]  No, I think we've covered it.
[40:42.040 --> 40:46.040]  Let me get back to the concern brought up with the OPM because I want to be sure you all understand
[40:46.040 --> 40:50.040]  what that office is for, where we're kind of at with it right now,
[40:50.040 --> 40:56.040]  and what you can do if you want to follow up with that office because, you know,
[40:56.040 --> 41:04.040]  several years ago, and I think it was a result of some of the community backlash
[41:04.040 --> 41:08.040]  with some police-involved shootings, you know, this was back, I think, in like 2004.
[41:08.040 --> 41:10.040]  Oh, the public didn't like that?
[41:10.040 --> 41:14.040]  Well, I mean, you know, no, of course not.
[41:14.040 --> 41:20.040]  But I think it was back when we had one in 2004.
[41:20.040 --> 41:22.040]  I want to say 2004.
[41:22.040 --> 41:24.040]  I have some gymnastics in my head.
[41:24.040 --> 41:33.040]  But anyway, to try and, of course, what would happen is an officer would be involved in something,
[41:33.040 --> 41:35.040]  there would be some question of his conduct,
[41:35.040 --> 41:41.040]  and that would be raised through internal affairs.
[41:41.040 --> 41:45.040]  It would have to be reported by an officer's, say, supervisor or something like that.
[41:45.040 --> 41:50.040]  You know, internal affairs is the arm that's kind of the self-investigating arm of the police department.
[41:50.040 --> 41:55.040]  Well, you know, saying that alone doesn't always give people a lot of comfort
[41:55.040 --> 41:57.040]  that they're really self-investigating.
[41:57.040 --> 42:01.040]  Okay, I've heard all those arguments, you know, numerous times.
[42:01.040 --> 42:11.040]  What was created was kind of a third-body, third-party, almost like an investigator
[42:11.040 --> 42:13.040]  that citizens could call directly.
[42:13.040 --> 42:15.040]  It's kind of a middleman.
[42:15.040 --> 42:19.040]  They're not police officers, in fact.
[42:19.040 --> 42:21.040]  But they are city employees.
[42:21.040 --> 42:23.040]  But they're structured a little differently.
[42:23.040 --> 42:26.040]  They have a degree of autonomy as well.
[42:26.040 --> 42:27.040]  Aren't they like the vendors?
[42:27.040 --> 42:28.040]  What's that?
[42:28.040 --> 42:29.040]  Aren't they like the vendors for the city?
[42:29.040 --> 42:31.040]  No, no, no, no, they are city employees.
[42:31.040 --> 42:32.040]  He is correct.
[42:32.040 --> 42:33.040]  Okay.
[42:33.040 --> 42:35.040]  But they don't report to the police department.
[42:35.040 --> 42:38.040]  They don't report to my boss, Mike McDonald.
[42:38.040 --> 42:41.040]  I think they report directly to the city manager.
[42:41.040 --> 42:49.040]  But they hold citizen review panels, you know, every month to hear certain cases.
[42:49.040 --> 42:57.040]  So anyway, this body was created, and our current police monitor is Cliff Brown.
[42:57.040 --> 42:59.040]  Now, he's moving on now.
[42:59.040 --> 43:04.040]  He's taking a seat as a judge in January.
[43:04.040 --> 43:06.040]  So he'll be leaving the city.
[43:06.040 --> 43:07.040]  We're currently in the process.
[43:07.040 --> 43:08.040]  What type of judge?
[43:08.040 --> 43:09.040]  I can't remember.
[43:09.040 --> 43:11.040]  He won the election, and it's...
[43:11.040 --> 43:13.040]  So he's actually an attorney?
[43:13.040 --> 43:15.040]  He is an attorney, yeah.
[43:15.040 --> 43:16.040]  I believe he is.
[43:16.040 --> 43:19.040]  I think his background is in practicing law.
[43:19.040 --> 43:22.040]  And there are some other individuals in that.
[43:22.040 --> 43:26.040]  Are these individuals you're talking about that fill this position, are they always attorneys?
[43:26.040 --> 43:27.040]  I don't think...
[43:27.040 --> 43:30.040]  Well, I don't think that's a prerequisite.
[43:30.040 --> 43:31.040]  Well, that wasn't a question.
[43:31.040 --> 43:38.040]  Yeah, but I'm saying I don't think that Cliff Brown might have been for him or...
[43:38.040 --> 43:41.040]  All right, we're going to break one more time.
[43:41.040 --> 43:44.040]  When we get back, we will continue the clip.
[43:44.040 --> 43:53.040]  Eddie's verbal tort letter to the city manager over this madness of the fabricated, falsified police report.
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[46:19.040 --> 46:27.040]  Hi, folks.
[46:27.040 --> 46:28.040]  We are back.
[46:28.040 --> 46:29.040]  This is Rule of Law Radio.
[46:29.040 --> 46:34.040]  We are listening to a recording made down at the city manager's office on the 23rd of November.
[46:34.040 --> 46:38.040]  We're talking with Jason Alexander, Assistant City Manager.
[46:38.040 --> 46:43.040]  And the question that I asked him right before we went to break is,
[46:43.040 --> 46:50.040]  are all of the people that fill the police monitors positions, have they always been lawyers?
[46:50.040 --> 46:54.040]  And his response was that, I don't believe that's a criteria.
[46:54.040 --> 46:58.040]  And my response is, yeah, but that's not an answer to my question.
[46:58.040 --> 47:04.040]  Whether or not it's a criteria, is that what you guys tend to hire for that position?
[47:04.040 --> 47:07.040]  But anyway, back to the clip there and we'll see what we've got.
[47:07.040 --> 47:07.040]  All right.
[47:07.040 --> 47:09.040]  I'm going to back it up just a little bit too.
[47:09.040 --> 47:10.040]  Here we go.
[47:10.040 --> 47:12.040]  And there are some other individuals in that.
[47:12.040 --> 47:18.040]  Are these individuals you're talking about that fill this position, are they always attorneys?
[47:18.040 --> 47:21.040]  Well, I don't think that's a prerequisite.
[47:21.040 --> 47:22.040]  Well, that wasn't a question.
[47:22.040 --> 47:24.040]  Yeah, what I'm saying, I don't think.
[47:24.040 --> 47:26.040]  Cliff Brown might have been.
[47:26.040 --> 47:31.040]  Before him was, I think, Ashton Cumberbatch and he was assistant.
[47:31.040 --> 47:35.040]  But I know he's also an attorney or has a law degree.
[47:35.040 --> 47:39.040]  I don't know if he's practicing attorney or not.
[47:39.040 --> 47:47.040]  So I guess since this office was created, my assumption is they probably all have been licensed attorneys.
[47:47.040 --> 47:51.040]  But again, I don't think that's a prerequisite.
[47:51.040 --> 47:55.040]  So how do you put your hat in the ring to be on that list of people?
[47:55.040 --> 47:56.040]  Well, we're in the process now.
[47:56.040 --> 47:57.040]  We've already moved forward.
[47:57.040 --> 47:58.040]  We've narrowed it down to four finalists.
[47:58.040 --> 48:03.040]  But this was a pretty public process that began several months ago.
[48:03.040 --> 48:05.040]  Public how?
[48:05.040 --> 48:11.040]  Well, we opened it up, we posted the position on the city website.
[48:11.040 --> 48:13.040]  People applied.
[48:13.040 --> 48:17.040]  And then it's a high-profile job or position.
[48:17.040 --> 48:21.040]  So it goes through quite a bit of vetting through.
[48:21.040 --> 48:27.040]  In fact, I think on December, right now we've got four finalists.
[48:27.040 --> 48:33.040]  If I'm not mistaken, I think there's going to be a public forum on December 7th for,
[48:33.040 --> 48:37.040]  I'm not sure if it's all four or if they're going to narrow it down to two before that meeting.
[48:37.040 --> 48:44.040]  But at any rate, the finalists who are here at that point will all be participating in a public forum.
[48:44.040 --> 48:45.040]  Now, you mentioned the vetting.
[48:45.040 --> 48:52.040]  Who conducts that?
[48:52.040 --> 48:57.040]  I think, well, as I said, it begins when we post the position.
[48:57.040 --> 49:03.040]  And like any city position, we post it for a certain amount of time.
[49:03.040 --> 49:07.040]  Obviously, we receive applications with attached resumes, et cetera.
[49:07.040 --> 49:10.040]  It's just a very formal hiring process.
[49:10.040 --> 49:14.040]  Once that window is closed for applications to be received,
[49:14.040 --> 49:20.040]  those who meet the minimum qualifications are paired out from those who don't.
[49:20.040 --> 49:24.040]  And oftentimes you'll get a lot of folks who apply for a position that don't meet minimum calls.
[49:24.040 --> 49:29.040]  So we separate the herd that way.
[49:29.040 --> 49:33.040]  From there, because this one is a pretty high profile one,
[49:33.040 --> 49:38.040]  I'm not specifically sure what step they took next.
[49:38.040 --> 49:40.040]  That was all conducted by our Human Resources Department.
[49:40.040 --> 49:45.040]  And they've been working on that for the better part of the last few months.
[49:45.040 --> 49:48.040]  Would they still have a list of what the qualifications for this job are?
[49:48.040 --> 49:49.040]  Probably.
[49:49.040 --> 49:52.040]  You can contact the Human Resources Director.
[49:52.040 --> 49:57.040]  I say that just because I know he would be much better at explaining the hiring process
[49:57.040 --> 50:01.040]  and I would, again, that office does not report to us.
[50:01.040 --> 50:08.040]  So I just have not been involved in that hiring process.
[50:08.040 --> 50:11.040]  I'm just trying to think what...
[50:11.040 --> 50:16.040]  It's me.
[50:16.040 --> 50:24.040]  I think they've also had within the last few weeks another public gathering
[50:24.040 --> 50:28.040]  where the public assembled to...
[50:28.040 --> 50:34.040]  I don't know if it was presented to city officials
[50:34.040 --> 50:40.040]  and for the public to say this is what we want to see in somebody that you hired to be police monitor.
[50:40.040 --> 50:42.040]  I can't remember what format that took,
[50:42.040 --> 50:45.040]  but there has been some other public meetings associated with this hiring process.
[50:45.040 --> 50:51.040]  And for a timeline of all that, you could certainly ask the Human Resources Department.
[50:51.040 --> 50:53.040]  Are they in this building as well?
[50:53.040 --> 50:55.040]  No, they're actually in One Texas Center.
[50:55.040 --> 50:58.040]  I'd say over by 5 or 5 barns.
[50:58.040 --> 50:59.040]  What number is this?
[50:59.040 --> 51:01.040]  Sixth floor.
[51:01.040 --> 51:05.040]  But I would invite you to call and let him know you all are coming over
[51:05.040 --> 51:10.040]  because he does move around quite a bit and I don't want us to yell over there and he may not be there.
[51:10.040 --> 51:15.040]  Well, someone over there should just be able to provide us with the qualifications for the job.
[51:15.040 --> 51:18.040]  I think, but I also know it's ongoing.
[51:18.040 --> 51:19.040]  So it's an ongoing process.
[51:19.040 --> 51:25.040]  They may not be able to release certain things until it's cinched up and a final hiring decision has been made.
[51:25.040 --> 51:32.040]  And I think the person who ultimately hires that position and decides is the city manager.
[51:32.040 --> 51:36.040]  I think the way I understand it, that position reports to the city manager.
[51:36.040 --> 51:38.040]  So it would be his hire.
[51:38.040 --> 51:40.040]  Which in this case would be who?
[51:40.040 --> 51:41.040]  Mark on it.
[51:41.040 --> 51:44.040]  Mark on it.
[51:44.040 --> 51:52.040]  But anyway, backing up a little bit, so the police monitor's position was created
[51:52.040 --> 51:59.040]  and there's an assistant police monitor and then they also have different case managers.
[51:59.040 --> 52:08.040]  The whole intent of that office was, as I mentioned, to be sort of a third party objective.
[52:08.040 --> 52:13.040]  I say investigator, you know, that may not be the formal term,
[52:13.040 --> 52:19.040]  but they essentially do take in citizen complaints and they investigate and determine whether there needs to be.
[52:19.040 --> 52:24.040]  What they basically decide is, you know, is there merit to this?
[52:24.040 --> 52:30.040]  If so, we recommend it be, they don't discipline the officer.
[52:30.040 --> 52:32.040]  They recommend it for internal affairs action.
[52:32.040 --> 52:38.040]  So by that point, once they have made an issue recommendation in internal affairs,
[52:38.040 --> 52:43.040]  then proceeds with an investigation and they issue discipline accordingly.
[52:43.040 --> 52:45.040]  Or they find that it's unsubstantiated.
[52:45.040 --> 52:47.040]  I just want to make sure I understand this process.
[52:47.040 --> 52:52.040]  You have an independent monitor who basically is like a little boy with his fingers in the dam on one side.
[52:52.040 --> 52:57.040]  But then when it comes time to actually discipline the water leaking through,
[52:57.040 --> 52:59.040]  you have to throw it back in the ocean it came from?
[52:59.040 --> 53:01.040]  That's right.
[53:01.040 --> 53:02.040]  That works.
[53:02.040 --> 53:07.040]  I mean, I see where you're getting with that characterization
[53:07.040 --> 53:13.040]  and I've heard other similar sentiments,
[53:13.040 --> 53:23.040]  but I can tell you very definitively that we've had good results from our police monitor.
[53:23.040 --> 53:29.040]  We've had several cases be investigated, be recommended for action,
[53:29.040 --> 53:33.040]  and internal affairs has in fact done so.
[53:33.040 --> 53:41.040]  So I don't want to leave you all with the sense that it's just some nicety position.
[53:41.040 --> 53:46.040]  It really has been pretty functional since it was created.
[53:46.040 --> 53:52.040]  Is there a way to review the cases where that functionality has occurred?
[53:52.040 --> 53:55.040]  The city website, there was a link.
[53:55.040 --> 53:59.040]  I think it's still up even.
[53:59.040 --> 54:06.040]  The police monitor posted all of the, when an officer is disciplined,
[54:06.040 --> 54:14.040]  they're issued a memo, a disciplinary memo, which they're then free to appeal or not appeal.
[54:14.040 --> 54:16.040]  And that's granted to them by their contract.
[54:16.040 --> 54:19.040]  Well, actually it's granted by Chapter 143.
[54:19.040 --> 54:25.040]  But anyway, for a long time they posted those memos because they're public.
[54:25.040 --> 54:30.040]  Sometimes information is redacted if there's family members' names and things of that sort,
[54:30.040 --> 54:36.040]  but for the most part those memos are very public and they were posted on that website.
[54:36.040 --> 54:39.040]  Now those are the memos from the monitor?
[54:39.040 --> 54:44.040]  No, those are the ones that were actually when those cases went into the IA.
[54:44.040 --> 54:46.040]  So they came from IA?
[54:46.040 --> 54:49.040]  Those are issued by the IA police chief.
[54:49.040 --> 54:52.040]  And what about the initial recommendation made by the monitor?
[54:52.040 --> 54:54.040]  How public is that?
[54:54.040 --> 54:55.040]  I don't know.
[54:55.040 --> 55:00.040]  There's a lot of things they cover down in the citizen review panel which are held on,
[55:00.040 --> 55:05.040]  I think the first, I want to say the first Monday of the month.
[55:05.040 --> 55:07.040]  I think they're posted for the first Monday.
[55:07.040 --> 55:08.040]  It's on the website.
[55:08.040 --> 55:12.040]  If you've got internet access, look up the police monitor website.
[55:12.040 --> 55:16.040]  It can give a pretty detailed history of the office but also what they do
[55:16.040 --> 55:20.040]  and probably sum it up a little better than I can.
[55:20.040 --> 55:28.040]  Prior to this I worked with civil service which is an office out of human resources department.
[55:28.040 --> 55:34.040]  So I know things kind of from that perspective but again not so much from the police monitor
[55:34.040 --> 55:37.040]  so I would encourage you to look that up.
[55:37.040 --> 55:47.040]  But the big point to make here and for you guys to leave with is that they do get calls from citizens.
[55:47.040 --> 55:51.040]  The whole purpose is that they initiate based on complaint from the citizens.
[55:51.040 --> 55:53.040]  It's not an officer thing.
[55:53.040 --> 55:57.040]  It is complaint driven by the public.
[55:57.040 --> 56:01.040]  And so they do have to look into that.
[56:01.040 --> 56:05.040]  Now they can determine, they have their own investigative means
[56:05.040 --> 56:09.040]  and they can determine whether or not there's merit or not to any one particular case.
[56:09.040 --> 56:12.040]  But they do have to do that.
[56:12.040 --> 56:15.040]  And I believe you're assigned a case manager.
[56:15.040 --> 56:17.040]  I don't know if they tell you right then.
[56:17.040 --> 56:20.040]  They have to kind of take your information and assign it to somebody.
[56:20.040 --> 56:25.040]  But I would expect if somebody from that office does ultimately contact you.
[56:25.040 --> 56:26.040]  Okay.
[56:26.040 --> 56:31.040]  Well I'm pretty sure that before too much longer that individual that's currently handling her complaint
[56:31.040 --> 56:36.040]  is going to be given a copy of that letter from the insurance adjuster
[56:36.040 --> 56:42.040]  that's going to show as a fact that the police report is falsified
[56:42.040 --> 56:45.040]  along with the citation that was issued.
[56:45.040 --> 56:50.040]  And what she's also in the process of trying to do is get her discovery in the court
[56:50.040 --> 56:55.040]  for the recordings made during the interrogation of the gentleman at the site.
[56:55.040 --> 56:58.040]  Because as I said, he was the only one questioned.
[56:58.040 --> 57:01.040]  Didn't question her, didn't question the lady with her,
[57:01.040 --> 57:04.040]  didn't question the five young girls that were in the truck with the boy
[57:04.040 --> 57:08.040]  because they immediately departed when they knew the police had been called.
[57:08.040 --> 57:12.040]  And they came back only just before the police left the scene
[57:12.040 --> 57:16.040]  but still were never talked to about what had occurred.
[57:16.040 --> 57:24.040]  Now we also believe that the police video has actual footage of the gentleman's truck
[57:24.040 --> 57:29.040]  as it was being moved from where it was parked so it would get out of the street.
[57:29.040 --> 57:35.040]  And that's going to show very clearly that there was no damage to the rear of his automobile.
[57:35.040 --> 57:39.040]  And we highly suspect that all of that is going to come forward.
[57:39.040 --> 57:44.040]  And we are in the process of demanding that be produced.
[57:44.040 --> 57:45.040]  You are in the process?
[57:45.040 --> 57:46.040]  Yes.
[57:46.040 --> 57:47.040]  Okay.
[57:47.040 --> 57:55.040]  So given that and the condition that she has that she has had to spend so much time
[57:55.040 --> 58:04.040]  aggravating time trying to reconcile this issue all because the officer just didn't do his job.
[58:04.040 --> 58:06.040]  That has repercussions.
[58:06.040 --> 58:11.040]  Whether anyone likes it or not or wants to follow through on it, it has repercussions.
[58:11.040 --> 58:17.040]  I mean the city wants its due if something happens to a piece of its property or to one of its people.
[58:17.040 --> 58:22.040]  I don't think citizens should get any less.
[58:22.040 --> 58:29.040]  So the point here being that we gave that to y'all for informational purposes
[58:29.040 --> 58:34.040]  is you can make everyone aware that there are things here that do not gel.
[58:34.040 --> 58:35.040]  Okay.
[58:35.040 --> 58:40.040]  They don't mesh in any way, shape or form with the facts and the truth.
[58:40.040 --> 58:44.040]  And that creates a problem for everyone.
[58:44.040 --> 58:45.040]  All right, folks.
[58:45.040 --> 58:46.040]  We're going to break.
[58:46.040 --> 58:49.040]  That creates a problem for everyone indeed.
[58:49.040 --> 58:54.040]  And we're going to continue with this clip when we get back after the top of the hour news break.
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[59:53.040 --> 59:57.040]  or by ordering online at freestudybible.com.
[59:57.040 --> 01:00:00.040]  That's freestudybible.com.
[01:00:00.040 --> 01:00:04.040]  This news brief brought to you by the International Newsnet.
[01:00:04.040 --> 01:00:10.040]  Secret U.S. diplomatic cables released by WikiLeaks reveal the U.S. military has been charging its allies
[01:00:10.040 --> 01:00:17.040]  a 15% handling fee on hundreds of millions of dollars raised internationally to build up the Afghan army.
[01:00:17.040 --> 01:00:25.040]  Germany has threatened to cancel its contribution because the projects the money was to fund were not going forward.
[01:00:25.040 --> 01:00:29.040]  Japan and the U.S. have become their biggest ever joint military exercises
[01:00:29.040 --> 01:00:32.040]  amid growing tension between North and South Korea.
[01:00:32.040 --> 01:00:37.040]  More than 44,000 Japanese and U.S. military personnel are taking part.
[01:00:37.040 --> 01:00:42.040]  The exercises are being held to mark the 50th anniversary of the U.S.-Japan alliance
[01:00:42.040 --> 01:00:47.040]  and were planned long before North Korea shelled a South Korean island last month
[01:00:47.040 --> 01:00:53.040]  but they come just days after the U.S.-South Korean military exercises.
[01:00:53.040 --> 01:01:00.040]  As the 150th anniversary of the December 24th start of the Civil War approaches,
[01:01:00.040 --> 01:01:06.040]  some groups in the South are celebrating secession while ignoring its primary cause, slavery.
[01:01:06.040 --> 01:01:10.040]  Many southern towns are holding secession balls.
[01:01:10.040 --> 01:01:14.040]  Billboards in Georgia posted by the sons of Confederate veterans proclaim,
[01:01:14.040 --> 01:01:20.040]  quote, all we wanted was to be left alone to govern ourselves.
[01:01:20.040 --> 01:01:28.040]  Reuters news agency says Afghan security forces are freeing captured senior Taliban for payment or political motives
[01:01:28.040 --> 01:01:34.040]  with President Hamid Karzai and his brother among those authorizing and requesting releases.
[01:01:34.040 --> 01:01:38.040]  Reuters reports the practice is so common that Taliban have a committee
[01:01:38.040 --> 01:01:41.040]  focused on getting their fighters out of jail.
[01:01:41.040 --> 01:01:44.040]  Analysts say the system undermines the deterrent effect of arrest
[01:01:44.040 --> 01:01:49.040]  and the potential of the prisoner population as a card to play in peace talks.
[01:01:49.040 --> 01:01:55.040]  The releases also raise questions about the capacity and political will of Afghan security forces
[01:01:55.040 --> 01:02:01.040]  which are supposed to take over from foreign troops starting next year.
[01:02:01.040 --> 01:02:05.040]  According to secret U.S. diplomatic cables released by WikiLeaks,
[01:02:05.040 --> 01:02:10.040]  the U.K.'s Foreign Office lied to Parliament over the plight of thousands of islanders
[01:02:10.040 --> 01:02:16.040]  who were expelled from their Indian Ocean home to make way for a large U.S. military base.
[01:02:16.040 --> 01:02:23.040]  More than 2,000 islanders were evicted from the British colony of Diego Garcia in the 1960s and 70s.
[01:02:23.040 --> 01:02:29.040]  The Foreign Office, backed by the U.S., has fought a long legal battle to prevent them returning home.
[01:02:29.040 --> 01:02:33.040]  The newly leaked documents show the Foreign Office privately admitted its plan
[01:02:33.040 --> 01:02:40.040]  to declare the islands a marine protection zone with a ploy that would end any chance of islanders being repatriated.
[01:02:40.040 --> 01:02:48.040]  In a May 2009 cable, Colin Roberts, the Foreign Office Director of Overseas Territories, told U.S. diplomats,
[01:02:48.040 --> 01:02:59.040]  quote, we do not regret the removal of the population since removal was necessary for Diego Garcia to fulfill a strategic purpose.
[01:02:59.040 --> 01:03:06.040]  For more details on this story, visit INNWorldRecord.net.
[01:03:06.040 --> 01:03:19.040]  You're listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free speech talk radio at its best.
[01:03:19.040 --> 01:03:39.040]  It's all according to the will of the Almighty. I read his book and he says he cares not for the unsightly.
[01:03:39.040 --> 01:03:50.040]  Okay, folks, we are back. We're going to continue on with the audio clip of Eddie at the city manager's office,
[01:03:50.040 --> 01:03:57.040]  his verbal tort letter over the falsified police report. Here we go.
[01:03:57.040 --> 01:04:01.040]  And that creates a problem for everybody, not just limited to her case,
[01:04:01.040 --> 01:04:07.040]  but every case that comes through the system because of officers that do things like this.
[01:04:07.040 --> 01:04:15.040]  Just know, leaving here today, that I'm going to take this just for information purposes,
[01:04:15.040 --> 01:04:20.040]  but I'm not going to act on it. And I'm not going to act on it for reasons being discussed earlier.
[01:04:20.040 --> 01:04:29.040]  If it's current legal action being taken on it, then I fully expect it to be exercised through that realm, okay?
[01:04:29.040 --> 01:04:36.040]  And again, I say the best I can do is simply recommend some other folks to visit with when it comes to a legal clarification.
[01:04:36.040 --> 01:04:42.040]  You know, an argument over statute. I'm sure there's a line between visiting with an attorney
[01:04:42.040 --> 01:04:49.040]  and then presenting a case in court. But I don't suspect, I don't see any reason why this would not be it.
[01:04:49.040 --> 01:04:57.040]  The allegations y'all bring forth to me today do seem serious enough to take that to court.
[01:04:57.040 --> 01:05:02.040]  And I fully expect y'all will be doing that, and that is all good will.
[01:05:02.040 --> 01:05:09.040]  Y'all must proceed as you all want to. It is your case.
[01:05:09.040 --> 01:05:19.040]  When it comes to officer misconduct, that again is where I encourage you to go to the police monitor.
[01:05:19.040 --> 01:05:24.040]  And once it's in the police monitor's system, while they investigate, I can't touch it.
[01:05:24.040 --> 01:05:29.040]  That is an independent investigation. They leave it, we leave it alone.
[01:05:29.040 --> 01:05:32.040]  They make their recommendation to the police department.
[01:05:32.040 --> 01:05:35.040]  Otherwise it's undue influence. We understand that.
[01:05:35.040 --> 01:05:41.040]  So know that at this point I'll be touching all of these things very little.
[01:05:41.040 --> 01:05:48.040]  They must reside within the processes that the city has in place to follow them.
[01:05:48.040 --> 01:05:55.040]  And again, any question of legality in terms of the municipal court's actions,
[01:05:55.040 --> 01:05:59.040]  the system by which they follow, what they are or are not doing,
[01:05:59.040 --> 01:06:04.040]  those again are things that have to be addressed in a court.
[01:06:04.040 --> 01:06:11.040]  As I mentioned before, the city council certainly would not admit that a court is doing anything wrong
[01:06:11.040 --> 01:06:15.040]  until that's been factually based in a court.
[01:06:15.040 --> 01:06:20.040]  And I can guarantee you that if our court was doing anything illegal,
[01:06:20.040 --> 01:06:23.040]  some severe actions would be taken to remedy that.
[01:06:23.040 --> 01:06:28.040]  Okay? But that all has to be presented in y'all's argument to a district judge.
[01:06:28.040 --> 01:06:30.040]  All right?
[01:06:30.040 --> 01:06:39.040]  I have a question. Perhaps you could assist us in getting to meet with the legal department.
[01:06:39.040 --> 01:06:43.040]  I would, well, sure.
[01:06:43.040 --> 01:06:46.040]  If we go up there and just do it, it might have an issue.
[01:06:46.040 --> 01:06:51.040]  But if you do it, being in the work for the police department, you might have a warning going on.
[01:06:51.040 --> 01:06:54.040]  I can try that. I don't think I can do it today for you.
[01:06:54.040 --> 01:06:59.040]  But today, at best, we're talking about folks leaving for Thanksgiving.
[01:06:59.040 --> 01:07:03.040]  At best, y'all could go upstairs and ask if...
[01:07:03.040 --> 01:07:09.040]  My recommendation would be to visit with Bianca Benson.
[01:07:09.040 --> 01:07:13.040]  That's her name. Bianca Benson and her staff.
[01:07:13.040 --> 01:07:17.040]  I say that because I know she's the chief prosecutor of the city.
[01:07:17.040 --> 01:07:22.040]  So I think she might have some degree of expertise on this that exceeds mine greatly.
[01:07:22.040 --> 01:07:23.040]  City attorney?
[01:07:23.040 --> 01:07:24.040]  She is.
[01:07:24.040 --> 01:07:27.040]  Yeah, she would be one of the city attorneys.
[01:07:27.040 --> 01:07:31.040]  City attorney.
[01:07:31.040 --> 01:07:39.040]  I don't work with her often, but I do suspect she'd probably be a good source to visit.
[01:07:39.040 --> 01:07:46.040]  In fact, probably the best thing to do is try and contact her.
[01:07:46.040 --> 01:07:54.040]  For a legitimate legal question, I'd be hard-pressed to believe they wouldn't try and make some time.
[01:07:54.040 --> 01:08:02.040]  They have schedules, too, and they may not be able to accommodate anything immediately.
[01:08:02.040 --> 01:08:05.040]  What I would say is let's do it this way.
[01:08:05.040 --> 01:08:15.040]  Why don't you all, from your end, because I don't want to look or actively try and walk this into there, I want y'all to do that.
[01:08:15.040 --> 01:08:17.040]  No, that's okay. We understand that.
[01:08:17.040 --> 01:08:25.040]  If y'all can contact that office and y'all can, in fact, I don't know the extension up there,
[01:08:25.040 --> 01:08:30.040]  then I would say contact that office or visit with the receptionist upstairs.
[01:08:30.040 --> 01:08:33.040]  Ask if you can have her contact information.
[01:08:33.040 --> 01:08:38.040]  Try and schedule some time with her, and if you don't have any luck, let me know.
[01:08:38.040 --> 01:08:43.040]  I mean, I can ask that they at least make some time to visit with you.
[01:08:43.040 --> 01:08:49.040]  I highly expect we're going to be in the same Catch-22 situation you're talking about with the city making admissions.
[01:08:49.040 --> 01:08:53.040]  You go to the chief legal counsel who should know the proper procedure
[01:08:53.040 --> 01:08:57.040]  but has been culpable in the procedure they're using, knowing it's in violation of law.
[01:08:57.040 --> 01:09:00.040]  That's a fair point, and that's almost what I would say.
[01:09:00.040 --> 01:09:03.040]  I think there are some legal questions that can be clarified,
[01:09:03.040 --> 01:09:08.040]  but when we're talking about allegations against the city, you're absolutely correct.
[01:09:08.040 --> 01:09:16.040]  I don't think the attorney would probably say, that's your stamp, that's fine.
[01:09:16.040 --> 01:09:19.040]  We'll not argue that in this arena.
[01:09:19.040 --> 01:09:23.040]  We'll argue that in a court of law because that's where it resides.
[01:09:23.040 --> 01:09:25.040]  So you're absolutely right.
[01:09:25.040 --> 01:09:29.040]  I mean, it is kind of a Catch-22.
[01:09:29.040 --> 01:09:37.040]  I might have been a little hasted in recommending them.
[01:09:37.040 --> 01:09:42.040]  I still think it's a good idea for any clarification on a legal question.
[01:09:42.040 --> 01:09:46.040]  But again, they do represent the city.
[01:09:46.040 --> 01:10:00.040]  If the city is ever negligent in any way, then of course you will have to present that in court.
[01:10:00.040 --> 01:10:05.040]  I don't make life of what you're saying here.
[01:10:05.040 --> 01:10:10.040]  Given what you've expressed to me, perhaps the best thing to do,
[01:10:10.040 --> 01:10:15.040]  you've already begun proceeding with the legal action.
[01:10:15.040 --> 01:10:19.040]  Probably going to the police monitor and making a report that way
[01:10:19.040 --> 01:10:25.040]  is beneficial to you for the officer misconduct aspect of it.
[01:10:25.040 --> 01:10:31.040]  But I'm not so sure the best thing for you to do is to not handle it directly in court.
[01:10:31.040 --> 01:10:36.040]  The more I think about it and talk out loud here amongst you guys,
[01:10:36.040 --> 01:10:39.040]  I'm not so sure that's the best use of your time.
[01:10:39.040 --> 01:10:41.040]  I wouldn't say don't do it.
[01:10:41.040 --> 01:10:42.040]  You're certainly welcome to do it.
[01:10:42.040 --> 01:10:43.040]  Oh, yeah.
[01:10:43.040 --> 01:10:45.040]  There are a couple of questions that we could easily get clarification on
[01:10:45.040 --> 01:10:49.040]  should they be willing to answer it, which I doubt they will.
[01:10:49.040 --> 01:10:51.040]  And it's all about how you ask, too.
[01:10:51.040 --> 01:10:56.040]  You ask them what the role of that presiding judge is and let them explain it to you.
[01:10:56.040 --> 01:11:01.040]  Then you can express some concern about what's happening over there.
[01:11:01.040 --> 01:11:07.040]  But I have a suspicion that as this moves along, this rises to the level that you're just going to,
[01:11:07.040 --> 01:11:10.040]  at the end of the day, turn the wheels as much as you want,
[01:11:10.040 --> 01:11:13.040]  but I just think it's going to end up being a court issue.
[01:11:13.040 --> 01:11:14.040]  I agree.
[01:11:14.040 --> 01:11:16.040]  I absolutely agree.
[01:11:16.040 --> 01:11:19.040]  And that's fully what's expected.
[01:11:19.040 --> 01:11:24.040]  That's what we determine is going to, whether it be her case or someone else down the road,
[01:11:24.040 --> 01:11:32.040]  that's going to be the eventuality because the courts themselves are building the record to be used against them.
[01:11:32.040 --> 01:11:37.040]  Their own court records can be used to show the violations of law that have occurred.
[01:11:37.040 --> 01:11:44.040]  There's not going to be any question about it because the Code of Criminal Procedure is very specific
[01:11:44.040 --> 01:11:47.040]  in a ministerial duty relating to these offices.
[01:11:47.040 --> 01:11:50.040]  And when it says this is what shall be done, that's what it means.
[01:11:50.040 --> 01:11:56.040]  Shall means must, Chapter 311 Government Code that says what shall means.
[01:11:56.040 --> 01:12:05.040]  In the sections where it says is entitled to, Chapter 311 says is entitled to is a term that recognizes or creates a right.
[01:12:05.040 --> 01:12:08.040]  And those rights are being ignored.
[01:12:08.040 --> 01:12:16.040]  And they're being ignored to the justice and to the due process detriment of everyone that enters that court
[01:12:16.040 --> 01:12:23.040]  because they're treated as if their rights and their reading of the law means nothing,
[01:12:23.040 --> 01:12:27.040]  even when the other side is not contradicting it in any way.
[01:12:27.040 --> 01:12:37.040]  They're just standing moot and the judge is making all the rulings without any clarification or opposition from the other side.
[01:12:37.040 --> 01:12:44.040]  That's basically the judge doing the prosecution's job and just running roughshod over the defendant
[01:12:44.040 --> 01:12:48.040]  because no matter how much law is presented and how many briefs,
[01:12:48.040 --> 01:12:53.040]  the very first thing the judge does is deny it out of hand, doesn't read it.
[01:12:53.040 --> 01:12:56.040]  There's no counterargument made by the prosecution.
[01:12:56.040 --> 01:13:00.040]  In fact, they never utter a word of objection to what's in the briefs.
[01:13:00.040 --> 01:13:04.040]  And the judge still denies them on what grounds?
[01:13:04.040 --> 01:13:10.040]  If it's an unopposed motion, an unopposed motion by definition gets granted.
[01:13:10.040 --> 01:13:14.040]  And if you want to clarify you're granting it properly, you read it.
[01:13:14.040 --> 01:13:17.040]  And they're not doing any of that.
[01:13:17.040 --> 01:13:20.040]  It's all about the turnover for the money.
[01:13:20.040 --> 01:13:27.040]  That's really what it boils down to, whether you guys are aware of that or not, or even if you are aware of that.
[01:13:27.040 --> 01:13:31.040]  It's not falling on blind eyes out here that this is all this place does.
[01:13:31.040 --> 01:13:34.040]  It cycles you through to take your money.
[01:13:34.040 --> 01:13:36.040]  And that's what it's good at.
[01:13:36.040 --> 01:13:42.040]  Unfortunately, it's good at it in a way that deprives a protected right, several in fact.
[01:13:42.040 --> 01:13:43.040]  That's the problem.
[01:13:43.040 --> 01:13:45.040]  That's the biggest problem.
[01:13:45.040 --> 01:13:48.040]  It wouldn't be so bad if you could go in there and expect that justice be done
[01:13:48.040 --> 01:13:52.040]  and the guilty be found guilty and the innocent let go.
[01:13:52.040 --> 01:13:56.040]  But no, even if you're found innocent, they still want your money.
[01:13:56.040 --> 01:14:01.040]  You have to pay court costs, administrative fees, and all this, and they accused you,
[01:14:01.040 --> 01:14:03.040]  but you're still paying them fees.
[01:14:03.040 --> 01:14:06.040]  I mean, what kind of racket is that?
[01:14:06.040 --> 01:14:09.040]  It's got nothing to do with justice.
[01:14:09.040 --> 01:14:13.040]  No one can make that argument and say that justice means when you're found innocent,
[01:14:13.040 --> 01:14:23.040]  you owe nothing except for our fees and our time and our cost, even though we initiated it.
[01:14:23.040 --> 01:14:26.040]  Well, that's a clear legal argument.
[01:14:26.040 --> 01:14:28.040]  It's an extremely serious situation.
[01:14:28.040 --> 01:14:31.040]  I don't belittle it one bit.
[01:14:31.040 --> 01:14:34.040]  Yeah, well, considering the amount of money,
[01:14:34.040 --> 01:14:39.040]  do you know how much Texas generates through these traffic fines and procedures every year?
[01:14:39.040 --> 01:14:40.040]  I don't.
[01:14:40.040 --> 01:14:42.040]  It will vary depending upon year.
[01:14:42.040 --> 01:14:45.040]  The least I've seen it is $3 billion.
[01:14:45.040 --> 01:14:49.040]  The most I've seen it is $9 billion.
[01:14:49.040 --> 01:14:50.040]  That's just taxing.
[01:14:50.040 --> 01:14:56.040]  That's extra money taken in just from the issuance of citations all over the state.
[01:14:56.040 --> 01:15:02.040]  And this is just one case of a citation that has no legal basis whatsoever.
[01:15:02.040 --> 01:15:07.040]  How many millions of those have occurred in a year?
[01:15:07.040 --> 01:15:12.040]  The officer's probably got 30 violations or whatever.
[01:15:12.040 --> 01:15:18.040]  At the minimum, the officer has seven criminal charges against him right now, at a minimum.
[01:15:18.040 --> 01:15:20.040]  And we're not talking petty ante charges.
[01:15:20.040 --> 01:15:27.040]  We're talking 20-to-life charges because aggravated assault being a first-degree felony,
[01:15:27.040 --> 01:15:30.040]  five-to-life minimum.
[01:15:30.040 --> 01:15:38.040]  And when he acts outside of his authority in an area where he is doing intentionally harmful acts,
[01:15:38.040 --> 01:15:41.040]  that's the only thing that can apply.
[01:15:41.040 --> 01:15:48.040]  I mean, like I said, it would be no different than you walking up to her in the dark just wearing a uniform
[01:15:48.040 --> 01:15:52.040]  but having no lawful authority whatsoever and demanding something of her
[01:15:52.040 --> 01:15:56.040]  while you're displaying a gun to ensure that she complies.
[01:15:56.040 --> 01:15:58.040]  It's no different.
[01:15:58.040 --> 01:16:06.040]  You know, I don't condone any of that allegation if they prove to be factual.
[01:16:06.040 --> 01:16:08.040]  That's not something the city condones.
[01:16:08.040 --> 01:16:15.040]  I would just say, just as Marnie, the officer, too, has a right to a day in court.
[01:16:15.040 --> 01:16:16.040]  Exactly.
[01:16:16.040 --> 01:16:18.040]  That's where this matter resolves.
[01:16:18.040 --> 01:16:25.040]  What can, best-case scenario, what can she expect through the police monitor?
[01:16:25.040 --> 01:16:28.040]  The best-case scenario is that she reports to the police monitor.
[01:16:28.040 --> 01:16:29.040]  They conduct their evaluation.
[01:16:29.040 --> 01:16:36.040]  They recommend that it go to Internal Affairs for proper discipline.
[01:16:36.040 --> 01:16:39.040]  The officer receives appropriate discipline.
[01:16:39.040 --> 01:16:41.040]  I mean, if that's what we're seeking.
[01:16:41.040 --> 01:16:43.040]  The assistant recommended to speak to his sergeant.
[01:16:43.040 --> 01:16:46.040]  Does the sergeant determine whether it goes to Internal Affairs
[01:16:46.040 --> 01:16:48.040]  or does the sergeant go back to the police monitor
[01:16:48.040 --> 01:16:50.040]  and the monitor sends it to Internal Affairs?
[01:16:50.040 --> 01:16:52.040]  How does that work?
[01:16:52.040 --> 01:16:53.040]  All right.
[01:16:53.040 --> 01:17:02.040]  We'll be right back, folks.
[01:17:02.040 --> 01:17:04.040]  Capital Coin and Bullion is your local source for rare coins,
[01:17:04.040 --> 01:17:07.040]  precious metals and coin supplies in the Austin metro area.
[01:17:07.040 --> 01:17:09.040]  We also ship worldwide.
[01:17:09.040 --> 01:17:12.040]  We are a family-owned and operated business that offers competitive prices
[01:17:12.040 --> 01:17:14.040]  on your coin and metal purchases.
[01:17:14.040 --> 01:17:18.040]  We buy, sell, trade and consign rare coins, gold and silver coin collections,
[01:17:18.040 --> 01:17:20.040]  precious metals and scrap gold.
[01:17:20.040 --> 01:17:22.040]  We purchase and sell gold and jewelry items.
[01:17:22.040 --> 01:17:25.040]  We offer daily specials on coins and bullion.
[01:17:25.040 --> 01:17:27.040]  We are located at 5448 Burnett Road,
[01:17:27.040 --> 01:17:30.040]  Suite 3 at the corner of Burnett and Showmark.
[01:17:30.040 --> 01:17:34.040]  And we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:17:34.040 --> 01:17:37.040]  You are welcome to stop in our shop during regular business hours
[01:17:37.040 --> 01:17:42.040]  or call 512-646-6440 with any questions.
[01:17:42.040 --> 01:17:44.040]  Ask for Chad and say you've heard about us on Google Law Radio
[01:17:44.040 --> 01:17:46.040]  or Texas Liberty Radio.
[01:17:46.040 --> 01:17:49.040]  That's Capital Coin and Bullion at the corner of Burnett and Showmark
[01:17:49.040 --> 01:17:53.040]  and we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:17:53.040 --> 01:18:00.040]  That's Capital Coin and Bullion 512-646-6440.
[01:18:00.040 --> 01:18:03.040]  It is so enlightening to listen to 90.1 FM,
[01:18:03.040 --> 01:18:06.040]  but finding things on the Internet isn't so easy
[01:18:06.040 --> 01:18:09.040]  and neither is finding like-minded people to share it with.
[01:18:09.040 --> 01:18:12.040]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:12.040 --> 01:18:13.040]  Brave New Books?
[01:18:13.040 --> 01:18:17.040]  Yes, Brave New Books has all the books and DVDs you're looking for
[01:18:17.040 --> 01:18:20.040]  by authors like Alex Jones, Ron Paul and G. Edward Griffin.
[01:18:20.040 --> 01:18:24.040]  They even stock inner food, Berkey products and Calvin Soaps.
[01:18:24.040 --> 01:18:27.040]  There's no way a place like that exists.
[01:18:27.040 --> 01:18:28.040]  Go check it out for yourself.
[01:18:28.040 --> 01:18:32.040]  It's downtown at 1904 Guadalupe Street just south of UT.
[01:18:32.040 --> 01:18:36.040]  Oh, by UT, there's never anywhere to park down there.
[01:18:36.040 --> 01:18:38.040]  Actually, they now offer a free hour of parking
[01:18:38.040 --> 01:18:42.040]  for paying customers at the 500 MLK parking facility
[01:18:42.040 --> 01:18:44.040]  just behind the bookstore.
[01:18:44.040 --> 01:18:47.040]  It does exist, but when are they open?
[01:18:47.040 --> 01:18:52.040]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[01:18:52.040 --> 01:18:56.040]  So give them a call at 512-480-2503
[01:18:56.040 --> 01:19:18.040]  or check out their events page at bravenewbookstore.com.
[01:19:18.040 --> 01:19:21.040]  Okay, folks, we are back.
[01:19:21.040 --> 01:19:26.040]  We're going to continue with the clip.
[01:19:26.040 --> 01:19:29.040]  Not going to fool us with the same old tricks again.
[01:19:29.040 --> 01:19:32.040]  Here we go.
[01:19:32.040 --> 01:19:35.040]  Because that's who she's been directed to as the sergeant.
[01:19:35.040 --> 01:19:37.040]  I've been directed to contact the sergeant
[01:19:37.040 --> 01:19:39.040]  and I don't know what happens.
[01:19:39.040 --> 01:19:47.040]  Is it just left on his plate and he would administer?
[01:19:47.040 --> 01:19:53.040]  A sergeant can certainly report an officer
[01:19:53.040 --> 01:19:56.040]  or discipline an officer.
[01:19:56.040 --> 01:19:58.040]  I don't know if he actually disciplines.
[01:19:58.040 --> 01:20:00.040]  I would assume that I think it all goes to internal affairs.
[01:20:00.040 --> 01:20:02.040]  He just has to say this is a problem
[01:20:02.040 --> 01:20:09.040]  and may investigate relatively expensive.
[01:20:09.040 --> 01:20:13.040]  Well, that would be dependent upon what charges got levied
[01:20:13.040 --> 01:20:16.040]  because of his actions.
[01:20:16.040 --> 01:20:22.040]  I'm not weighing the verdict.
[01:20:22.040 --> 01:20:24.040]  In ongoing investigations, oftentimes,
[01:20:24.040 --> 01:20:27.040]  citizens will visit directly with a sergeant,
[01:20:27.040 --> 01:20:31.040]  but it's usually for investigations on their behalf or something.
[01:20:31.040 --> 01:20:33.040]  This doesn't seem like an ongoing investigation.
[01:20:33.040 --> 01:20:38.040]  This seems like a complaint, a separate thing.
[01:20:38.040 --> 01:20:42.040]  This is a complaint of an officer's misconduct.
[01:20:42.040 --> 01:20:49.040]  That does need to trickle through Office of Police Monitor.
[01:20:49.040 --> 01:20:56.040]  When you are speaking to an officer or a sergeant,
[01:20:56.040 --> 01:20:58.040]  any supervisor, and you say,
[01:20:58.040 --> 01:21:01.040]  I have a complaint on your officer,
[01:21:01.040 --> 01:21:05.040]  most oftentimes they will advise you to contact police monitor.
[01:21:05.040 --> 01:21:08.040]  The officers are very aware of that office.
[01:21:08.040 --> 01:21:11.040]  Each officer, when they're going to the training academy,
[01:21:11.040 --> 01:21:14.040]  since an office was put in place,
[01:21:14.040 --> 01:21:17.040]  I think there's a component of the training
[01:21:17.040 --> 01:21:20.040]  where the police monitor comes out and speaks to them.
[01:21:20.040 --> 01:21:24.040]  I don't know that for sure, but at least I think they used to do that.
[01:21:24.040 --> 01:21:26.040]  I would assume they probably still do,
[01:21:26.040 --> 01:21:29.040]  but they're very aware of the police monitor's office
[01:21:29.040 --> 01:21:31.040]  and the purpose of that office
[01:21:31.040 --> 01:21:34.040]  because if I were an officer,
[01:21:34.040 --> 01:21:38.040]  I wouldn't want to be self-missing and that kind of thing.
[01:21:38.040 --> 01:21:42.040]  That is the purpose of that body.
[01:21:42.040 --> 01:21:47.040]  It is meant to alleviate some of the frustrations of the public.
[01:21:47.040 --> 01:21:49.040]  Albeit, it's not going to work out a percent.
[01:21:49.040 --> 01:21:53.040]  You're going to have people that see it's just some body
[01:21:53.040 --> 01:21:55.040]  that can make whatever recommendation they want.
[01:21:55.040 --> 01:21:58.040]  It's not going to go anywhere.
[01:21:58.040 --> 01:21:59.040]  But that's just not the case.
[01:21:59.040 --> 01:22:04.040]  Anybody that says that our officers get off way too easy,
[01:22:04.040 --> 01:22:08.040]  we've got to...I work in civil service.
[01:22:08.040 --> 01:22:12.040]  The officers get the support.
[01:22:12.040 --> 01:22:16.040]  Would you recommend that we meet with the sergeant in person?
[01:22:16.040 --> 01:22:19.040]  I wouldn't even go that route.
[01:22:19.040 --> 01:22:23.040]  I wouldn't meet with the officer or his training command at this point.
[01:22:23.040 --> 01:22:27.040]  I would simply...I would recommend going straight to the police monitor.
[01:22:27.040 --> 01:22:29.040]  The police monitor has been recommended.
[01:22:29.040 --> 01:22:31.040]  Oh, to talk to the sergeant?
[01:22:31.040 --> 01:22:34.040]  Who was it again that you've been working with the police monitor?
[01:22:34.040 --> 01:22:35.040]  Who's your case manager?
[01:22:35.040 --> 01:22:38.040]  No one was being the case manager.
[01:22:38.040 --> 01:22:39.040]  I don't remember the gentleman's name.
[01:22:39.040 --> 01:22:43.040]  I have his information at home.
[01:22:43.040 --> 01:22:44.040]  She just got a call from...
[01:22:44.040 --> 01:22:46.040]  Was he in uniform or a suit?
[01:22:46.040 --> 01:22:48.040]  He's been trying to read her.
[01:22:48.040 --> 01:22:53.040]  She doesn't know what to do because she's scared.
[01:22:53.040 --> 01:22:55.040]  Okay.
[01:22:55.040 --> 01:22:59.040]  I don't want you being scared.
[01:22:59.040 --> 01:23:02.040]  If someone's recommended that you visit with the sergeant,
[01:23:02.040 --> 01:23:04.040]  I don't see it as being a problem.
[01:23:04.040 --> 01:23:08.040]  Obviously, the sergeant would need to be aware of any investigation
[01:23:08.040 --> 01:23:11.040]  or aware of any complaint against his officers.
[01:23:11.040 --> 01:23:19.040]  I just say OPM because I know that that is an unbiased group.
[01:23:19.040 --> 01:23:21.040]  The woman who I work with frequently over there,
[01:23:21.040 --> 01:23:27.040]  her name is Sylvia Maldonado.
[01:23:27.040 --> 01:23:32.040]  She's usually the one that picks up the phone over there.
[01:23:32.040 --> 01:23:34.040]  It probably isn't a bad thing if you...
[01:23:34.040 --> 01:23:36.040]  I'm a little concerned.
[01:23:36.040 --> 01:23:38.040]  I'm not sure if you have an active case over there.
[01:23:38.040 --> 01:23:40.040]  I'm not either.
[01:23:40.040 --> 01:23:43.040]  I would urge you to contact Sylvia Maldonado and ask her...
[01:23:43.040 --> 01:23:45.040]  I just want to make sure that I'm following the proper procedure
[01:23:45.040 --> 01:23:47.040]  and proper steps in this matter.
[01:23:47.040 --> 01:23:49.040]  I would do this.
[01:23:49.040 --> 01:23:52.040]  Contact Sylvia.
[01:23:52.040 --> 01:23:55.040]  Tell her that you've met with me and that I've asked you to call
[01:23:55.040 --> 01:23:59.040]  because I'm curious as you are to know where this is in their process
[01:23:59.040 --> 01:24:07.040]  and that you're calling at my urging to report misconduct of an officer
[01:24:07.040 --> 01:24:11.040]  and see if you can't just start the process right then and there.
[01:24:11.040 --> 01:24:16.040]  I don't know if Sylvia takes everyone's information personally or she...
[01:24:16.040 --> 01:24:21.040]  I assume she takes it and then she assigns it to her.
[01:24:21.040 --> 01:24:24.040]  She gives it to a case manager, but that's a question to ask her.
[01:24:24.040 --> 01:24:28.040]  Okay, so I get a case manager so I know who's in charge of the process.
[01:24:28.040 --> 01:24:30.040]  Yeah, I believe that's how it works.
[01:24:30.040 --> 01:24:32.040]  Okay.
[01:24:32.040 --> 01:24:35.040]  And if it's not, call me and let me know.
[01:24:35.040 --> 01:24:37.040]  Okay.
[01:24:37.040 --> 01:24:39.040]  Keep me in the loop.
[01:24:39.040 --> 01:24:47.040]  I don't want you all to think that we take any of this kind of circumstance lightly.
[01:24:47.040 --> 01:24:53.040]  Just understand what our role is versus that of the authorities who probably act on it.
[01:24:53.040 --> 01:24:56.040]  Yeah, can appreciate the separateness of the roles.
[01:24:56.040 --> 01:24:58.040]  That part's not an issue.
[01:24:58.040 --> 01:25:03.040]  But being in the chain of command over it all from where it actually starts to where it's going to end,
[01:25:03.040 --> 01:25:08.040]  this was done in order to apprise you of the situation, okay,
[01:25:08.040 --> 01:25:14.040]  to let you know that the upper deck is being built upon a shifting bed of sand
[01:25:14.040 --> 01:25:20.040]  and it starts with the court and the city prosecution's office not obeying the law
[01:25:20.040 --> 01:25:27.040]  and using whether knowingly or unknowingly the police officers to facilitate the actions of that court, okay.
[01:25:27.040 --> 01:25:30.040]  I mean, I'm very well into economics of the situation.
[01:25:30.040 --> 01:25:36.040]  With all the jobs in the country and everything else going elsewhere where it benefits no one here,
[01:25:36.040 --> 01:25:41.040]  cities just like individuals are struggling to make ends meet financially speaking.
[01:25:41.040 --> 01:25:49.040]  The traffic courts are now one of the bigger sources of revenue that can be used to generate internal funding for the cities.
[01:25:49.040 --> 01:25:58.040]  And I mean, you've got no less than five motorcycle policemen traveling up and down the highway out here today
[01:25:58.040 --> 01:26:02.040]  pulling people over left and right just on the way in here, okay.
[01:26:02.040 --> 01:26:07.040]  Again, how many of those are going to turn out to be falsified tickets in the interest of revenue generation?
[01:26:07.040 --> 01:26:09.040]  That remains to be seen.
[01:26:09.040 --> 01:26:12.040]  Whether or not the person even fights them remains to be seen.
[01:26:12.040 --> 01:26:17.040]  It's always done to just enough of a degree where most people are willing to go.
[01:26:17.040 --> 01:26:19.040]  It's too much trouble for that amount of money.
[01:26:19.040 --> 01:26:23.040]  Just pay it, get it over with, and go on with my life, okay.
[01:26:23.040 --> 01:26:27.040]  The problem is that they don't look at the long-term effects of what they're doing.
[01:26:27.040 --> 01:26:32.040]  This creates the potential for the abuse to continue and to become worse.
[01:26:32.040 --> 01:26:34.040]  And that's exactly what's happened.
[01:26:34.040 --> 01:26:41.040]  We've gone from these officers being public servants to these officers being nothing more than revenue collectors.
[01:26:41.040 --> 01:26:45.040]  They're no longer there for the service of the public or the protection of the public.
[01:26:45.040 --> 01:26:49.040]  They're there to ensure that the money flow keeps going.
[01:26:49.040 --> 01:26:53.040]  I mean, have you not seen the recent court cases where the courts have said
[01:26:53.040 --> 01:26:56.040]  the duty of the police officer is not to protect the citizen?
[01:26:56.040 --> 01:27:00.040]  His sole duty is to protect the corporate entity called the city.
[01:27:00.040 --> 01:27:07.040]  He owes no duty of any kind to the citizen for their protection of themselves or their property.
[01:27:07.040 --> 01:27:11.040]  Now, that's three federal court cases.
[01:27:11.040 --> 01:27:15.040]  I'm not aware of that level of specificity in the wording.
[01:27:15.040 --> 01:27:21.040]  I can tell you right now, though, that for every ticket that we're out there,
[01:27:21.040 --> 01:27:24.040]  it's arguable that we've done it wrong.
[01:27:24.040 --> 01:27:30.040]  I was issued a ticket, and I can darn sure attest that I was speeding, and I darn sure deserve a ticket.
[01:27:30.040 --> 01:27:32.040]  Really? You think so?
[01:27:32.040 --> 01:27:33.040]  Oh, yeah.
[01:27:33.040 --> 01:27:36.040]  Now would be a good time for you to be well-versed in law.
[01:27:36.040 --> 01:27:39.040]  You know, that ticket's long gone and paid.
[01:27:39.040 --> 01:27:42.040]  But the point, well, actually, that's not true.
[01:27:42.040 --> 01:27:45.040]  If the court lacked original jurisdiction to hear the case,
[01:27:45.040 --> 01:27:48.040]  then any judgment they made in the act is void to begin with.
[01:27:48.040 --> 01:27:51.040]  When it comes in the court jurisdiction to hear that case,
[01:27:51.040 --> 01:27:55.040]  that, my friend, will have to be set on the court, because I'm not going to make that decision.
[01:27:55.040 --> 01:27:59.040]  Right. Well, but I'm just saying, if you actually read the statute,
[01:27:59.040 --> 01:28:03.040]  you'd find out real quick that it's utterly impossible for you to have been speeding.
[01:28:03.040 --> 01:28:07.040]  Look at Section 201.904, Texas Transportation Code,
[01:28:07.040 --> 01:28:11.040]  where it specifically states the purpose of any highway marking of a speed sign
[01:28:11.040 --> 01:28:17.040]  is to regulate the speed of commercial motor vehicles, semis, semi-tractor trailers,
[01:28:17.040 --> 01:28:22.040]  and commercial motor vehicles for the transportation of passengers for hire, meaning buses.
[01:28:22.040 --> 01:28:25.040]  Which one of those were you in?
[01:28:25.040 --> 01:28:28.040]  Now, that's dealing with the speed sign itself.
[01:28:28.040 --> 01:28:33.040]  Then you go to 545.351, prima facie speed limits in the state of Texas,
[01:28:33.040 --> 01:28:40.040]  where it says very clearly that the individual can only be speeding if they committed some act
[01:28:40.040 --> 01:28:44.040]  that caused them to basically, if you read what it says,
[01:28:44.040 --> 01:28:49.040]  it says that the individual, if they are operating their motor vehicle at a speed that is other
[01:28:49.040 --> 01:28:54.040]  than reasonable and prudent under the conditions then existing,
[01:28:54.040 --> 01:29:00.040]  then the result of that action could be used as an offense.
[01:29:00.040 --> 01:29:05.040]  But otherwise, it's just prima facie evidence that if they're going faster
[01:29:05.040 --> 01:29:08.040]  than the posted sign that they've committed an offense.
[01:29:08.040 --> 01:29:12.040]  But in order to defeat those two arguments, it's very simple.
[01:29:12.040 --> 01:29:16.040]  Officer, did I cause an accident? Did I damage property?
[01:29:16.040 --> 01:29:21.040]  Did I cause anyone else to do that? Did I lose control of my vehicle?
[01:29:21.040 --> 01:29:25.040]  When you say no to any and all of those, the point becomes,
[01:29:25.040 --> 01:29:29.040]  then what is your determination that my speed was neither reasonable nor prudent
[01:29:29.040 --> 01:29:33.040]  under the conditions then existing?
[01:29:33.040 --> 01:29:38.040]  It's his opinion, and his opinion doesn't hold water in law.
[01:29:38.040 --> 01:29:41.040]  But make the argument in the court, the court will ignore it.
[01:29:41.040 --> 01:29:44.040]  The facts exist in the law, but the court ignores it. Why?
[01:29:44.040 --> 01:29:49.040]  Because there's money at the end of the rainbow if they find you guilty.
[01:29:49.040 --> 01:29:51.040]  Okay, we'll be right back, folks.
[01:29:51.040 --> 01:30:00.040]  This is the Rule of Law, Randy Kelton, Eddie Craig, and Deborah Stevens.
[01:30:00.040 --> 01:30:03.040]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.040 --> 01:30:05.040]  Number 9, the extra leg.
[01:30:05.040 --> 01:30:08.040]  Former Oklahoma State Medical Examiner Dr. Fred Jordan had stated,
[01:30:08.040 --> 01:30:12.040]  we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.040 --> 01:30:15.040]  Chief pathologist for Northern Ireland T.K. Marshall,
[01:30:15.040 --> 01:30:18.040]  who performed over 2,500 autopsies in his time, stated,
[01:30:18.040 --> 01:30:20.040]  there has never been an unknown victim.
[01:30:20.040 --> 01:30:24.040]  This leg belonged to a perpetrator close enough to the bomb for his body to be damaged,
[01:30:24.040 --> 01:30:26.040]  leaving only a left leg behind.
[01:30:26.040 --> 01:30:27.040]  Who was this person?
[01:30:27.040 --> 01:30:32.040]  Please go to okcbombingtruth.com.
[01:30:32.040 --> 01:30:33.040]  Be careful what you tweet.
[01:30:33.040 --> 01:30:35.040]  Just ask Jonathan Hoster.
[01:30:35.040 --> 01:30:39.040]  His complaint about a local grocery store sparked a national social media firestorm
[01:30:39.040 --> 01:30:41.040]  and nearly cost his job.
[01:30:41.040 --> 01:30:42.040]  I'm Dr. Catherine Albrecht.
[01:30:42.040 --> 01:30:47.040]  I'll be back in a moment with more on the cautionary tale of tweets gone wrong.
[01:30:47.040 --> 01:30:49.040]  Privacy is under attack.
[01:30:49.040 --> 01:30:52.040]  When you give up data about yourself, you'll never get it back again.
[01:30:52.040 --> 01:30:57.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.040 --> 01:30:59.040]  So protect your rights.
[01:30:59.040 --> 01:31:02.040]  Say no to surveillance and keep your information to yourself.
[01:31:02.040 --> 01:31:05.040]  Privacy, it's worth hanging on to.
[01:31:05.040 --> 01:31:09.040]  This public service announcement is brought to you by StartPage.com,
[01:31:09.040 --> 01:31:13.040]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:13.040 --> 01:31:16.040]  Start over with StartPage.
[01:31:16.040 --> 01:31:20.040]  When Jonathan Hoster found the local Price Chopper supermarket understocked,
[01:31:20.040 --> 01:31:24.040]  he vented his frustrations on Twitter, the social media website.
[01:31:24.040 --> 01:31:28.040]  But when Price Chopper PR employee Amira Settawayu read the tweet,
[01:31:28.040 --> 01:31:31.040]  she demanded that Hoster's employer, Syracuse University,
[01:31:31.040 --> 01:31:34.040]  discipline him for daring to criticize her store.
[01:31:34.040 --> 01:31:36.040]  From there it was all downhill.
[01:31:36.040 --> 01:31:40.040]  A social media professor launched blog entries criticizing the store's bizarre response.
[01:31:40.040 --> 01:31:42.040]  Bloggers debated whether heads should roll,
[01:31:42.040 --> 01:31:45.040]  and protests were planned at Price Chopper stores.
[01:31:45.040 --> 01:31:48.040]  Price Chopper finally apologized and the disaster died down,
[01:31:48.040 --> 01:31:50.040]  but the outcome could have been quite different.
[01:31:50.040 --> 01:31:54.040]  Hoster could have lost his job, and I'm wondering how Settawayu kept hers.
[01:31:54.040 --> 01:32:23.040]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:24.040 --> 01:32:32.040]  The wicked come with temptations
[01:32:32.040 --> 01:32:37.040]  They're trying to buy the whole place
[01:32:37.040 --> 01:32:43.040]  They want to force the nation
[01:32:43.040 --> 01:32:48.040]  Because they've fallen from grace
[01:32:48.040 --> 01:32:54.040]  I will not drink from that cup
[01:32:54.040 --> 01:32:59.040]  I just can't act that way
[01:32:59.040 --> 01:33:04.040]  They got this problem they're dreaming of
[01:33:04.040 --> 01:33:09.040]  And I won't be the slave, come with me
[01:33:09.040 --> 01:33:19.040]  They're trying to buy the whole place
[01:33:19.040 --> 01:33:26.040]  I will not drink from that cup
[01:33:26.040 --> 01:33:31.040]  They got this problem they're dreaming of
[01:33:31.040 --> 01:33:34.040]  And I won't be the slave, come with me
[01:33:34.040 --> 01:33:46.040]  They got this problem they're dreaming of
[01:33:46.040 --> 01:33:49.040]  And I won't be the slave, come with me
[01:33:49.040 --> 01:33:53.040]  They got this problem they're dreaming of
[01:33:53.040 --> 01:33:57.040]  And I won't be the slave, come with me
[01:33:57.040 --> 01:34:05.040]  Okay, folks, we are back.
[01:34:05.040 --> 01:34:12.960]  All right, there is a little bit left of the audio clip, but Eddie said that basically
[01:34:12.960 --> 01:34:16.240]  that was the most important parts of it.
[01:34:16.240 --> 01:34:23.040]  So that was the clip of Eddie raking the assistant city manager over the coals here in Austin
[01:34:23.040 --> 01:34:29.960]  over this falsified police report over this suspected illegal alien who hit our friend
[01:34:29.960 --> 01:34:37.800]  Marnie and now she is having to deal with defending herself against a citation of false
[01:34:37.800 --> 01:34:43.240]  accusation and how to repair her vehicle and her insurance does not want to pay for it
[01:34:43.240 --> 01:34:45.560]  because of this falsified police report.
[01:34:45.560 --> 01:34:50.320]  So yes, the city of Austin has got a lawsuit about to come down on their heads and it seemed
[01:34:50.320 --> 01:34:54.400]  like this assistant city manager was pretty clear that they were not going to do anything
[01:34:54.400 --> 01:34:59.480]  about it until the situation was going to get adjudicated in district court.
[01:34:59.480 --> 01:35:01.760]  So I guess there you have it.
[01:35:01.760 --> 01:35:05.220]  They have thrown down the gauntlet, Eddie has thrown down the gauntlet, so we will see
[01:35:05.220 --> 01:35:06.680]  what happens.
[01:35:06.680 --> 01:35:09.280]  In the meantime, we are going to switch gears now.
[01:35:09.280 --> 01:35:14.680]  We have our very special friend and guest this evening, Mr. Michael Badnerich.
[01:35:14.680 --> 01:35:16.920]  Michael, thank you for joining us tonight.
[01:35:16.920 --> 01:35:18.920]  Hey, gang, I missed you.
[01:35:18.920 --> 01:35:21.040]  We miss you, Michael.
[01:35:21.040 --> 01:35:25.480]  I wish I could have come down to your, what is it, thousandth show party?
[01:35:25.480 --> 01:35:31.920]  Yeah, we had a little get together here to celebrate the one thousandth show here on
[01:35:31.920 --> 01:35:34.080]  Rule of Law Radio Network.
[01:35:34.080 --> 01:35:35.080]  Maybe next time, Michael.
[01:35:35.080 --> 01:35:38.080]  The next time you do a thousand programs, okay.
[01:35:38.080 --> 01:35:41.560]  Well, the next time we have a get together, at least.
[01:35:41.560 --> 01:35:42.560]  Okay.
[01:35:42.560 --> 01:35:45.960]  Yeah, I will probably be shot in the hail of gunfire before you guys do another thousand
[01:35:45.960 --> 01:35:46.960]  programs.
[01:35:46.960 --> 01:35:50.520]  We shouldn't take too long, we have been adding a lot of shows.
[01:35:50.520 --> 01:35:56.240]  Well, so Michael, why don't you give us an update here on what you have been up to lately?
[01:35:56.240 --> 01:36:05.840]  Well, I am perfectly healthy as far as I am concerned, in my professional medical opinion.
[01:36:05.840 --> 01:36:11.280]  I haven't had any heart flutters or any of that stuff, been taking all sorts of medication.
[01:36:11.280 --> 01:36:18.280]  I was having some headaches and mild nausea for a while and I called a buddy of mine and
[01:36:18.280 --> 01:36:22.600]  it turns out that my body was low on chromium.
[01:36:22.600 --> 01:36:31.760]  Chromium is a mineral that helps your body regulate blood sugar and, you know, my blood
[01:36:31.760 --> 01:36:35.560]  sugar is kind of going up and down and whenever my blood sugar would get low, I guess I would
[01:36:35.560 --> 01:36:37.840]  get a little bit of a headache.
[01:36:37.840 --> 01:36:43.920]  So I solved that problem right away and spent a lot more time at home.
[01:36:43.920 --> 01:36:49.200]  For a long time, I was traveling around the country, teaching my constitution class, lightening
[01:36:49.200 --> 01:36:57.560]  the fires of liberty, blah, blah, blah, but in November or October, I had five constitution
[01:36:57.560 --> 01:37:05.920]  classes canceled and three more classes canceled in November.
[01:37:05.920 --> 01:37:11.640]  And so I was a little disappointed with the whole thing.
[01:37:11.640 --> 01:37:16.840]  People were busy working on liberty campaigns, you know, putting up yard signs, walking in
[01:37:16.840 --> 01:37:22.680]  the neighborhoods and stuff, and so I didn't have the time or the money to take my classes.
[01:37:22.680 --> 01:37:28.480]  So other people were disappointed, but I was, you know, running out of surplus money here.
[01:37:28.480 --> 01:37:35.800]  But I've got another class scheduled in Chicago for December 11th, which is two weeks from
[01:37:35.800 --> 01:37:44.880]  last Saturday, and I've got a couple things lined up in 2011 already, one of which is
[01:37:44.880 --> 01:37:48.920]  a collaboration with Sheriff Richard Mack.
[01:37:48.920 --> 01:37:53.040]  I'm guessing most of your listeners know who Sheriff Mack is.
[01:37:53.040 --> 01:38:03.040]  He took the Brady Bill five-day waiting period for handguns and he took it all the way to
[01:38:03.040 --> 01:38:05.660]  Supreme Court and won.
[01:38:05.660 --> 01:38:13.560]  So Sheriff Mack is quite the hero in the patriot circles, and he travels around the country
[01:38:13.560 --> 01:38:16.080]  making presentations and so do I.
[01:38:16.080 --> 01:38:21.160]  So Sheriff Mack came up with this great idea that he and I should work together and see
[01:38:21.160 --> 01:38:28.240]  if we can't get people to attend a, you know, day-long presentation with the two of us.
[01:38:28.240 --> 01:38:36.160]  So that first attempt is going to be in Las Vegas, January 29th, and it's going to be
[01:38:36.160 --> 01:38:45.000]  at the Eagles Lodge on the north side of Las Vegas, but you can go to my website, ConstitutionPreservation.org,
[01:38:45.000 --> 01:38:51.560]  and for $75 you can listen to Sheriff Mack and Michael Petnarek for, well, all day from
[01:38:51.560 --> 01:38:54.560]  dawn to dusk.
[01:38:54.560 --> 01:38:58.520]  Excellent. 29th of January.
[01:38:58.520 --> 01:39:00.520]  It would be nice to be back.
[01:39:00.520 --> 01:39:04.280]  29th of January in Sin City, Las Vegas.
[01:39:04.280 --> 01:39:12.840]  Yeah, I was stuck in Las Vegas for a week in one of those casinos.
[01:39:12.840 --> 01:39:16.200]  It was tough, but I struggled through it.
[01:39:16.200 --> 01:39:17.200]  You struggled through it?
[01:39:17.200 --> 01:39:18.200]  Yeah, I did.
[01:39:18.200 --> 01:39:19.200]  I did.
[01:39:19.200 --> 01:39:20.200]  In lost wages, Nevada.
[01:39:20.200 --> 01:39:21.200]  It was tough.
[01:39:21.200 --> 01:39:30.480]  I spent four or five days in Las Vegas one time and never gambled a nickel.
[01:39:30.480 --> 01:39:34.120]  I didn't put in so much as a dime and a slot machine.
[01:39:34.120 --> 01:39:35.440]  That was the last time I was there.
[01:39:35.440 --> 01:39:40.440]  I was there a week, and I've been there several times and have yet to put my first nickel
[01:39:40.440 --> 01:39:42.320]  in one of those machines.
[01:39:42.320 --> 01:39:44.440]  I have my vices.
[01:39:44.440 --> 01:39:47.240]  Gambling happens not to be one of them.
[01:39:47.240 --> 01:39:51.760]  I have my preferences, too, but wasting money isn't one of them.
[01:39:51.760 --> 01:39:56.240]  People occasionally ask me why I don't buy lottery tickets, and I say because I paid
[01:39:56.240 --> 01:40:05.240]  attention in math class.
[01:40:05.240 --> 01:40:10.160]  Then there's another event in Atlanta, Georgia, Super Bowl weekend.
[01:40:10.160 --> 01:40:18.920]  Super Bowl is on Sunday, February 6th, and Friday and Saturday, the 4th and 5th of February.
[01:40:18.920 --> 01:40:21.520]  They're having a large Patriot gathering.
[01:40:21.520 --> 01:40:23.320]  They're calling it TruthCon.
[01:40:23.320 --> 01:40:30.440]  It's a truth convention, 9-1-1 Truth, Kim Trill's Truth.
[01:40:30.440 --> 01:40:35.360]  All the things that the government is lying about while they're getting speakers together
[01:40:35.360 --> 01:40:39.560]  to come and tell people the truth about all these different things.
[01:40:39.560 --> 01:40:44.120]  They've invited me to teach my constitution class there, four hours on Friday, four hours
[01:40:44.120 --> 01:40:46.160]  on Saturday.
[01:40:46.160 --> 01:40:54.880]  It'll be the entire class, and it'll be part of your registration fee.
[01:40:54.880 --> 01:40:55.880]  Wonderful.
[01:40:55.880 --> 01:40:59.560]  Yeah, it's a special deal.
[01:40:59.560 --> 01:41:08.160]  They are hoping to have 900 people in the auditorium, and I just could not pass up an
[01:41:08.160 --> 01:41:13.040]  opportunity to teach 900 people about the constitution.
[01:41:13.040 --> 01:41:19.640]  That's the light and the fires of liberty more than one heart at a time.
[01:41:19.640 --> 01:41:21.120]  That sounds awesome.
[01:41:21.120 --> 01:41:22.800]  I am very excited about it.
[01:41:22.800 --> 01:41:23.800]  That sounds fantastic.
[01:41:23.800 --> 01:41:27.120]  Well, so tell us what else has been going on with you.
[01:41:27.120 --> 01:41:30.920]  I understand you just came from a militia meeting, so what happened?
[01:41:30.920 --> 01:41:33.640]  I did come from a militia meeting.
[01:41:33.640 --> 01:41:37.440]  I am one of the organizers here in the Dallas area.
[01:41:37.440 --> 01:41:41.920]  It was our first meeting, so it was fairly informative.
[01:41:41.920 --> 01:41:43.320]  I did most of the talking.
[01:41:43.320 --> 01:41:45.760]  What is a militia?
[01:41:45.760 --> 01:41:48.720]  What is the moral justification for it?
[01:41:48.720 --> 01:41:50.760]  Do we need a government permit?
[01:41:50.760 --> 01:41:53.680]  The answer to that is no.
[01:41:53.680 --> 01:42:01.520]  Just to get everybody kind of on the program, collected names and phone numbers.
[01:42:01.520 --> 01:42:07.400]  Most people, if you talk to them about self-defense, everybody understands that you have to be
[01:42:07.400 --> 01:42:17.800]  have a right to life, and implied in your right to life is an inherent right to self-defense.
[01:42:17.800 --> 01:42:21.920]  If somebody is choking you, you don't have to get a government permit.
[01:42:21.920 --> 01:42:25.520]  You don't have to make a phone call to the governor and say, somebody's choking me.
[01:42:25.520 --> 01:42:27.400]  Is it okay if I defend myself?
[01:42:27.400 --> 01:42:29.040]  I mean, wake up.
[01:42:29.040 --> 01:42:30.280]  This is the law of the jungle.
[01:42:30.280 --> 01:42:31.920]  Somebody's trying to hurt you.
[01:42:31.920 --> 01:42:33.880]  You make them stop if necessary.
[01:42:33.880 --> 01:42:40.360]  You hurt them back, so they're incapable of hurting you.
[01:42:40.360 --> 01:42:45.840]  We can go into more detail, but I think your listeners are pretty much in agreement with
[01:42:45.840 --> 01:42:46.840]  that.
[01:42:46.840 --> 01:42:51.640]  Well, the same thing is true at a community level.
[01:42:51.640 --> 01:42:57.840]  We have gotten together over the course of time, and we have invented government for
[01:42:57.840 --> 01:43:02.000]  the purpose of protecting our life, our liberty, and our private property.
[01:43:02.000 --> 01:43:06.880]  That's the only legitimate reason to have a government in the first place.
[01:43:06.880 --> 01:43:12.360]  Well, what happens if the government that's supposed to be protecting your rights turns
[01:43:12.360 --> 01:43:17.560]  out to be the very entity that's violating your rights?
[01:43:17.560 --> 01:43:18.560]  Who's going to defend you then?
[01:43:18.560 --> 01:43:23.560]  You know, if the police break into your home and they start to rob you, what are you going
[01:43:23.560 --> 01:43:24.560]  to do, call the police?
[01:43:24.560 --> 01:43:25.560]  I mean, that's counterproductive.
[01:43:25.560 --> 01:43:31.920]  Well, actually, Randy, if the police do something wrong when Randy's around, he does call 9
[01:43:31.920 --> 01:43:32.920]  1 1.
[01:43:32.920 --> 01:43:33.920]  Oh, I get it.
[01:43:33.920 --> 01:43:38.240]  Because then it causes this huge cluster, because then you've got other police coming
[01:43:38.240 --> 01:43:42.560]  out to investigate the first set of police, and it can get pretty interesting.
[01:43:42.560 --> 01:43:45.080]  I think Michael was there on one of those occasions.
[01:43:45.080 --> 01:43:46.080]  Oh, yeah.
[01:43:46.080 --> 01:43:47.080]  Randy's my hero.
[01:43:47.080 --> 01:43:48.080]  He's a legend.
[01:43:48.080 --> 01:43:49.080]  Okay.
[01:43:49.080 --> 01:43:50.080]  Well, listen, folks.
[01:43:50.080 --> 01:43:54.120]  We're going to break, and we're going to be speaking more with Michael Batnarek.
[01:43:54.120 --> 01:44:03.040]  If you have a question for Michael, call in 512-646-1984.
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[01:47:19.240 --> 01:47:31.240]  My friend, Lord, you better have a good breed You better live your life up-to-lead
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[01:47:50.240 --> 01:48:00.240]  John, I love you, John, I love you, John, I love you, John
[01:48:00.240 --> 01:48:02.240]  Okay, folks, we are back.
[01:48:02.240 --> 01:48:06.240]  We're speaking with Michael Badneric, a very good friend.
[01:48:06.240 --> 01:48:10.240]  And Michael, you are discussing a right to defend ourselves.
[01:48:10.240 --> 01:48:12.240]  Please continue.
[01:48:12.240 --> 01:48:19.240]  I mean, it should be painfully obvious, or as Thomas Jefferson would say, self-evident,
[01:48:19.240 --> 01:48:26.240]  that if you're alive, you want to stay alive, and if somebody is trying to hurt you and hurt your life,
[01:48:26.240 --> 01:48:33.240]  that, well, I don't know, that you would motivate yourself to interfere with their attempt to kill you.
[01:48:33.240 --> 01:48:35.240]  I mean, that's what self-defense is.
[01:48:35.240 --> 01:48:42.240]  And I will argue that it is impossible not to defend yourself.
[01:48:42.240 --> 01:48:47.240]  I mean, if you're standing there, somebody comes up, puts their hands around your throat, and starts choking you,
[01:48:47.240 --> 01:48:52.240]  I mean, the moment that you acknowledge that you're not able to breathe, I mean, you can't,
[01:48:52.240 --> 01:48:57.240]  it is not physically possible for you to just stand there and do nothing.
[01:48:57.240 --> 01:49:03.240]  I mean, just biologically wired into you is this self-preservation instinct that you're going to,
[01:49:03.240 --> 01:49:09.240]  you know, even if you don't have karate experience, you're going to jiggle around and, you know,
[01:49:09.240 --> 01:49:13.240]  at least try to break away, make it difficult to hold onto.
[01:49:13.240 --> 01:49:16.240]  So that goes without saying.
[01:49:16.240 --> 01:49:19.240]  That's just a function of nature.
[01:49:19.240 --> 01:49:26.240]  And similarly, each of us has the individual right to self-defense.
[01:49:26.240 --> 01:49:33.240]  Collectively, as a community, we have a right to protect our community together.
[01:49:33.240 --> 01:49:38.240]  And the reason that we created governments in the first place was to, you know,
[01:49:38.240 --> 01:49:43.240]  officially organize a group of people that were going to be contracted to us.
[01:49:43.240 --> 01:49:52.240]  They were our public servants for the purpose of protecting us, not taking our stuff and hurting us.
[01:49:52.240 --> 01:49:57.240]  And, you know, the government raises our taxes. They basically deny us property.
[01:49:57.240 --> 01:50:03.240]  Kelo versus New London, the Supreme Court says that we can take your property and give it to somebody else.
[01:50:03.240 --> 01:50:10.240]  The police were supposed to be protecting us or handcuffing us and then tasering us.
[01:50:10.240 --> 01:50:14.240]  The reason for the taser is to disable you long enough to get you handcuffed.
[01:50:14.240 --> 01:50:20.240]  Once you're handcuffed, you know, the taser theoretically isn't necessary anymore.
[01:50:20.240 --> 01:50:27.240]  You know, it's not there to, you know, give the police officers an opportunity for sport.
[01:50:27.240 --> 01:50:35.240]  So philosophically, what do you do when the government that was created to protect you
[01:50:35.240 --> 01:50:41.240]  has gone in a rogue and is now the government that is violating your rights?
[01:50:41.240 --> 01:50:45.240]  I mean, is that even possible? Well, how far do we have to look?
[01:50:45.240 --> 01:50:50.240]  Nazi Germany is obviously a government that was out of control,
[01:50:50.240 --> 01:50:54.240]  and we thought World War II presumably did put a stop to all of that.
[01:50:54.240 --> 01:50:59.240]  So, you know, if, and I'm just talking hypothetically,
[01:50:59.240 --> 01:51:03.240]  if the United States government is doing anything that's unconstitutional,
[01:51:03.240 --> 01:51:08.240]  if the United States government ever gets to a point where they are completely out of control,
[01:51:08.240 --> 01:51:12.240]  what are we going to do about it? We can't call the police, we can't call the government,
[01:51:12.240 --> 01:51:15.240]  because it's the government that's causing us the problem.
[01:51:15.240 --> 01:51:20.240]  Well, at that point in time, we must rely on ourselves.
[01:51:20.240 --> 01:51:25.240]  And, you know, collectively, we have a right to self-defense,
[01:51:25.240 --> 01:51:29.240]  and that collective right is known as the militia.
[01:51:29.240 --> 01:51:36.240]  Militia has been a tried and true method throughout the course of history.
[01:51:36.240 --> 01:51:40.240]  In fact, Lexington and Concord is a perfect example
[01:51:40.240 --> 01:51:43.240]  of the militia doing exactly what it's supposed to do,
[01:51:43.240 --> 01:51:47.240]  and that is repelling a government force that is out of control.
[01:51:47.240 --> 01:51:54.240]  So, unfortunately, the media has painted the militia,
[01:51:54.240 --> 01:51:59.240]  they've tried to slander the militia as, you know, a group of, you know,
[01:51:59.240 --> 01:52:03.240]  rednecks running around through the, you know, the jungle just like to hear guns go off,
[01:52:03.240 --> 01:52:08.240]  and, you know, those crazy wacko conspiracy theorists.
[01:52:08.240 --> 01:52:14.240]  Well, I mean, you're only a crazy conspiracy theorist if it's not true.
[01:52:14.240 --> 01:52:17.240]  If it is true, it's not a theory, there is a conspiracy,
[01:52:17.240 --> 01:52:21.240]  and, you know, you have a right to defend yourself,
[01:52:21.240 --> 01:52:24.240]  and you're an idiot if you don't defend yourself.
[01:52:24.240 --> 01:52:31.240]  So, a number of states, Alaska being one example,
[01:52:31.240 --> 01:52:36.240]  and Texas have organized, or that we're beginning to organize our militia,
[01:52:36.240 --> 01:52:39.240]  just in case anything bad happens in the future,
[01:52:39.240 --> 01:52:44.240]  that we would be ready to protect our communities, which is, you know,
[01:52:44.240 --> 01:52:48.240]  I assume something that everybody wants, everybody wants to live in a free country,
[01:52:48.240 --> 01:52:55.240]  and the Second Amendment says, let me see, a well-regulated militia being necessary
[01:52:55.240 --> 01:52:57.240]  for the security of a free state.
[01:52:57.240 --> 01:53:01.240]  Well, if you want a free state, you want to keep that free state secure,
[01:53:01.240 --> 01:53:05.240]  militia is pretty much obligatory.
[01:53:05.240 --> 01:53:10.240]  So, that's what we're organizing, and today was just the first meeting,
[01:53:10.240 --> 01:53:16.240]  mostly people swapping phone numbers and getting to know each other.
[01:53:16.240 --> 01:53:18.240]  Well, that sounds great, Michael.
[01:53:18.240 --> 01:53:21.240]  I really appreciate your work in that area.
[01:53:21.240 --> 01:53:25.240]  And speaking of the right to defend oneself,
[01:53:25.240 --> 01:53:31.240]  or an entity having the right to defend itself, states are sovereign entities,
[01:53:31.240 --> 01:53:39.240]  and I'm talking about a governmental state here, a political state of a sovereign entity,
[01:53:39.240 --> 01:53:45.240]  not necessarily the corporation related to the state,
[01:53:45.240 --> 01:53:50.240]  but talking about the constitutional state itself,
[01:53:50.240 --> 01:53:53.240]  having the right to defend its own borders.
[01:53:53.240 --> 01:53:58.240]  And by very definition, a sovereign state certainly would have the right
[01:53:58.240 --> 01:54:01.240]  to defend its own borders, or the authority, rather,
[01:54:01.240 --> 01:54:06.240]  to defend its own borders as granted under constitution
[01:54:06.240 --> 01:54:11.240]  by we the people that created that state and that constitution.
[01:54:11.240 --> 01:54:18.240]  And Michael, I wanted to get your take on that certain topic regarding the state's sovereignty
[01:54:18.240 --> 01:54:25.240]  and their authority slash right to defend themselves as a political sovereign entity,
[01:54:25.240 --> 01:54:29.240]  because, of course, as you know, there's this lawsuit raging in the federal court system
[01:54:29.240 --> 01:54:36.240]  of the Obama administration suing the state of Arizona because they passed a law,
[01:54:36.240 --> 01:54:43.240]  their legislature passed a law basically authorizing their police to call the border patrol,
[01:54:43.240 --> 01:54:48.240]  to just notify border patrol or the immigration department if they suspected
[01:54:48.240 --> 01:54:56.240]  that someone was an illegal alien that got pulled over for a normal, you know, traffic violation.
[01:54:56.240 --> 01:55:00.240]  It doesn't authorize the police to profile and pull people over if they, you know,
[01:55:00.240 --> 01:55:03.240]  just because of the color of their skin or anything like that,
[01:55:03.240 --> 01:55:08.240]  but if they get pulled over for violating or apparently violating any traffic laws,
[01:55:08.240 --> 01:55:11.240]  if they don't have any ID or can't speak English or whatever else,
[01:55:11.240 --> 01:55:19.240]  can't provide proper documentation that anyone else would be required to provide under those same circumstances,
[01:55:19.240 --> 01:55:24.240]  if there's a suspicion there that the individual might be an illegal alien,
[01:55:24.240 --> 01:55:28.240]  then the officers would be authorized to notify border patrol.
[01:55:28.240 --> 01:55:30.240]  Now, I don't know why they would need a state law for that,
[01:55:30.240 --> 01:55:34.240]  because it seems like they would be able to do that anyway, but anyway,
[01:55:34.240 --> 01:55:39.240]  so there's this big lawsuit raging and one of the arguments on the side of the feds is
[01:55:39.240 --> 01:55:44.240]  that the protection of the borders is a federal issue
[01:55:44.240 --> 01:55:50.240]  and that the states don't have the authority or the right to protect their own borders.
[01:55:50.240 --> 01:55:56.240]  Now, I didn't tend to strongly disagree with that just on the basis of principle
[01:55:56.240 --> 01:56:03.240]  and also in the Constitution here, I have found in Article 1, Section 10,
[01:56:03.240 --> 01:56:12.240]  where it says powers prohibited by the states, it says no state shall without the consent of Congress
[01:56:12.240 --> 01:56:18.240]  lay any duty of tonnage, keep troops or ships of war in time of peace,
[01:56:18.240 --> 01:56:23.240]  enter into any agreement or compact with another state or with a foreign power
[01:56:23.240 --> 01:56:32.240]  or engage in war unless actually invaded or in such imminent danger as will not admit of delay.
[01:56:32.240 --> 01:56:39.240]  Okay, so to me here, the big issue is engaging in war unless actually invaded.
[01:56:39.240 --> 01:56:47.240]  Now, there are many situations and it's been all over the mainstream media in both Arizona and in Texas
[01:56:47.240 --> 01:56:54.240]  where there are militants coming over the border very well armed and trained by the military,
[01:56:54.240 --> 01:56:58.240]  by defectors from the Mexican military, this has been confirmed,
[01:56:58.240 --> 01:57:06.240]  and it's basically an invasion, they are taking over US citizens' property,
[01:57:06.240 --> 01:57:09.240]  farmers and ranchers along the border, they are seizing the property,
[01:57:09.240 --> 01:57:12.240]  running these people off of their property, US citizens,
[01:57:12.240 --> 01:57:23.240]  and taking control of both sides of the border for the purpose of the flow of humans and contraband.
[01:57:23.240 --> 01:57:31.240]  And so to me, this would constitute as an invasion and according to Section 10 of Article 1 of the US Constitution,
[01:57:31.240 --> 01:57:37.240]  the states under the US Constitution are authorized to engage in war.
[01:57:37.240 --> 01:57:41.240]  So could you please comment on that?
[01:57:41.240 --> 01:57:44.240]  First of all, only individuals have rights.
[01:57:44.240 --> 01:57:47.240]  States do not have rights.
[01:57:47.240 --> 01:57:50.240]  Now, if I was at a rally and there was one side of the rally that, you know,
[01:57:50.240 --> 01:57:55.240]  we're talking about states' rights, that's where I'd be standing, but it's a misunderstood term.
[01:57:55.240 --> 01:57:59.240]  The state has more power than the federal government,
[01:57:59.240 --> 01:58:08.240]  but both the federal government and the state government exist purely because we allow them to.
[01:58:08.240 --> 01:58:14.240]  You know, we have the right to alter or abolish either of those forms of government.
[01:58:14.240 --> 01:58:18.240]  So we have rights, the states have privileges,
[01:58:18.240 --> 01:58:22.240]  the state is there to protect us.
[01:58:22.240 --> 01:58:24.240]  I mean, we have a right to self-defense,
[01:58:24.240 --> 01:58:28.240]  we've organized the state government for the purpose of collective defense,
[01:58:28.240 --> 01:58:34.240]  and yes, of course the state has a right to defend itself from invasion.
[01:58:34.240 --> 01:58:40.240]  Anybody who says otherwise is an idiot, and I guess that's what Barack Obama's been saying.
[01:58:40.240 --> 01:58:46.240]  Now, wait a minute, if you were in Barack Obama's immigration position,
[01:58:46.240 --> 01:58:50.240]  you might be concerned about that yourself,
[01:58:50.240 --> 01:58:54.240]  because his papers don't appear to be in order.
[01:58:54.240 --> 01:58:58.240]  Yeah, well, bad illegal immigration, look at what it's done to the White House.
[01:58:58.240 --> 01:59:00.240]  We'll be right back.
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