[00:00.000 --> 00:04.400]  This news brief brought to you by the International Newsnet.
[00:04.400 --> 00:10.640]  Crude oil from Western Canada began flowing through the Keystone pipeline into the US last week
[00:10.640 --> 00:16.160]  as environmentalists warned the pipeline could poison the drinking water of millions of people.
[00:16.160 --> 00:20.960]  The pipeline flows through the Midwest, the refineries in Illinois and Oklahoma.
[00:20.960 --> 00:26.240]  Kansas has given the pipeline operator TransCanada a 10-year property tax exemption
[00:26.240 --> 00:31.120]  costing an estimated $50 million in public revenue.
[00:31.120 --> 00:38.800]  A group of oil wells in the Gulf of Mexico, 10 miles from BP's Cat Well, has been leaking since 2004.
[00:38.800 --> 00:44.480]  Federal officials refuse to say whether any fines have been issued to Taylor Energy, owner of the wells.
[00:44.480 --> 00:49.280]  Last June, the Interior Department suggested it was only leaking 13 gallons a day.
[00:49.280 --> 00:54.320]  But John Amos, president of SkyTruth, said the slick associated with the Taylor spill
[00:54.320 --> 01:00.000]  was 10 miles long and contained at least 3,000 gallons of oil.
[01:00.000 --> 01:06.320]  Bahraini police Monday fired tear gas and rubber bullets in Shiite villages around the capital Manama
[01:06.320 --> 01:11.680]  to break up protests stimulated by popular upheaval in Egypt and Tunisia.
[01:11.680 --> 01:16.480]  In Bahrain, where a Sunni Muslim family rules over a Shiite majority,
[01:16.480 --> 01:23.600]  the regime paid pro-government protesters to turn out in an attempt to contain Shiite discontent.
[01:23.600 --> 01:28.960]  Barack Obama is poised to announce $1.1 trillion in budget cuts Tuesday
[01:28.960 --> 01:34.720]  and a 10-year deficit reduction plan to avert a budget crisis and silence Republican opposition.
[01:34.720 --> 01:39.200]  Obama is expected to introduce a five-year freeze on discretionary spending
[01:39.200 --> 01:41.840]  and a pay freeze for government workers.
[01:41.840 --> 01:45.840]  Severe cuts are expected to many programs he has previously supported.
[01:45.840 --> 01:51.680]  However, the cuts will only have a marginal impact on the $14.1 trillion national debt.
[01:51.680 --> 02:00.640]  The 10-year deficit reduction would be less than the projected deficit for 2011 of $1.5 trillion.
[02:00.640 --> 02:05.040]  Leading youth activists from Egypt and Tunisia who collaborated in the revolts
[02:05.040 --> 02:11.120]  that toppled their autocratic regimes are hoping to help guide a brewing Pan-Arab revolution.
[02:11.120 --> 02:17.600]  In a two-year collaboration, young Egyptian and Tunisian activists communicated via the internet,
[02:17.600 --> 02:22.960]  brainstorming on the use of technology to evade surveillance, commiserating about torture
[02:22.960 --> 02:28.000]  and trading tips on how to stand up to rubber bullets and organize barricades.
[02:28.000 --> 02:33.280]  These activists also took inspiration from a Serbian youth movement called Otpor,
[02:33.280 --> 02:38.320]  which helped topple former president Slobovan Milosevic through non-violence.
[02:38.320 --> 02:42.800]  Walid Rachid, a member of Egypt's youth movement who organized initial protests
[02:42.800 --> 02:46.960]  that set off the uprising said, Tunis is the force that pushed Egypt.
[02:46.960 --> 02:50.480]  But what Egypt did will be the force that will push the world.
[02:50.480 --> 02:55.040]  Egyptian youth organizers are currently discussing ways of sharing their experience
[02:55.040 --> 03:18.400]  with youth movements in Libya, Algeria, Morocco and Iran.
[03:55.040 --> 04:11.120]  All right, folks. Good evening. This is Rule of Law Radio.
[04:11.120 --> 04:17.440]  It is February 14th, 2011. We are live. This is not Memorex tonight.
[04:18.560 --> 04:23.520]  I am all alone, however, and I'm having to run the boards and I've got help with
[04:23.520 --> 04:27.760]  Aaron on the phones. So if I do seem a little bit slow at getting things done,
[04:27.760 --> 04:31.200]  it's because I'm having to divide my concentration efforts here just a little bit.
[04:31.920 --> 04:33.840]  But we'll try to have a good show anyway.
[04:34.800 --> 04:39.760]  Okay. To all the folks that came to the seminar this past Saturday, thank you very much.
[04:39.760 --> 04:43.520]  Really enjoyed having all of you there. Hopefully you got something useful out of it.
[04:45.360 --> 04:51.120]  We did have an attorney who is an ex-city prosecutor present at the seminar on Saturday.
[04:51.120 --> 04:56.160]  And I did get some feedback from him during the seminar and I got some from the gentleman
[04:56.160 --> 05:04.800]  that he came up with, Gary Lochte, afterwards. And it seems, folks, that I'm right on the money
[05:04.800 --> 05:09.200]  when it comes to this is what they're doing. This is how we should be doing it back.
[05:09.920 --> 05:15.920]  He didn't seem to have any issues with anything I did and I had a proper response for any questions
[05:15.920 --> 05:23.360]  he asked during the seminar that gave him food for thought. Because he told me at the one other
[05:23.360 --> 05:28.320]  meeting that I had with him before this, I've actually met this particular attorney before
[05:29.040 --> 05:36.160]  and we've had this discussion, one of the things that he was telling me was that he enjoyed it.
[05:36.160 --> 05:42.400]  He was really glad he was going to try to find some other folks to get with us and learn this
[05:42.400 --> 05:49.760]  information as well that are in the legal field because this is not what they're being taught.
[05:49.760 --> 05:54.560]  He told me that flat out. He's never seen this stuff. It's never been brought up.
[05:55.200 --> 06:00.080]  It was not in what they trained him with. It was not what they taught him in law school.
[06:00.080 --> 06:06.160]  Now imagine that, folks. Law school and the one thing it doesn't teach you is law.
[06:06.160 --> 06:12.800]  It teaches you theory, teaches you process, but it does not teach you law.
[06:12.800 --> 06:21.360]  It only teaches you some group of judges' opinion about what the theory of law in a given area is.
[06:23.200 --> 06:30.960]  But none of them read the actual statutes. They base it all on the theory that they've had training
[06:30.960 --> 06:36.960]  on, it seems, and that would hold true from my personal experience in trying to interface
[06:36.960 --> 06:42.240]  and have these discussions with other attorneys, especially prosecutors, who insist that the law's
[06:42.240 --> 06:49.280]  got nothing to do with the argument in court. Well, I have an issue with that. First thing is,
[06:49.280 --> 06:54.960]  how do we ever get to court without someone making a legal determination about a violation of law?
[06:54.960 --> 07:00.960]  Now, one of the things we talked about in the seminar, we did a partial mock trial over a couple
[07:00.960 --> 07:07.600]  of things this weekend, and one of the issues was whether or not the officer was qualified to make
[07:07.600 --> 07:15.280]  a legal determination about the meaning of the words prima facie. Well, I, of course, know from
[07:15.280 --> 07:23.280]  experience that when you ask the officer what his knowledge or understanding of this definition
[07:23.280 --> 07:30.080]  is, the prosecuting attorney will usually object. And the attorney that was there legitimately
[07:30.080 --> 07:35.040]  answered or brought up the issue that, you know, normally what would happen is that the prosecutor
[07:35.040 --> 07:40.160]  would simply say that the officer is not competent or knowledgeable nor is it part of his duties to
[07:40.160 --> 07:47.760]  make legal determinations regarding the law. Okay, that's fine. Then that means he's also
[07:47.760 --> 07:54.720]  incapable of making a legal determination about whether or not the law was violated. If he doesn't
[07:54.720 --> 08:03.360]  understand it, then how can he make a determination that it was violated? Because you have to make a
[08:03.360 --> 08:11.200]  legal determination to do either. Either you know what the words mean and how they apply, legal
[08:11.200 --> 08:17.680]  determination or otherwise, or you don't. You know whether or not a law has been violated based upon
[08:17.680 --> 08:23.680]  the circumstances and conditions that the law itself specifies are the three requisites to a
[08:23.680 --> 08:30.560]  violation and whether or not they've occurred. And folks, I want to tell you, these police officers
[08:30.560 --> 08:38.160]  don't know because they don't read it. Most of these officers will tell you that speeding in and
[08:38.160 --> 08:44.320]  of itself is an offense. It's not. Even the prosecuting attorneys, the District and County
[08:44.320 --> 08:49.920]  Attorneys Association wrote a book on traffic stops. Right there in that book says very clearly
[08:49.920 --> 08:56.640]  in speeding citations that speeding faster than the posted speed limit is not in and of itself
[08:56.640 --> 09:03.520]  an offense. Okay, even when they go into the argument about charging somebody with driving
[09:03.520 --> 09:09.040]  while license is invalid. We took that statute completely apart in the seminar this weekend.
[09:09.040 --> 09:16.240]  There are multiple criteria that must be met before that offense can legitimately be charged.
[09:16.240 --> 09:25.680]  And none of them are simply you don't have a valid license. That is not an offense. There's
[09:25.680 --> 09:32.880]  nothing in that statute that says simply because your license expired, your license is invalid.
[09:32.880 --> 09:40.800]  You're guilty of this offense. In every single instance, that can only be, that statute can only
[09:40.800 --> 09:51.680]  be applied to you if your license expired during a period of suspension or in a case where your
[09:51.680 --> 10:03.440]  license has been suspended or revoked by a judicial order or an ALR review. Okay? So how are they going
[10:03.440 --> 10:09.280]  to charge you with driving while license invalid when they are not bringing any evidence to court
[10:09.280 --> 10:17.200]  that shows here's my proof that all the criteria was met? They don't even try. That's the honest
[10:17.200 --> 10:22.480]  truth. They don't even try it. The prosecuting attorney is going to ask the question, when you
[10:22.480 --> 10:27.920]  saw so-and-so's license, what was the date that was shown on the face of the license as the
[10:27.920 --> 10:34.880]  expiration date? Well, they're this month, this year. And what month did you issue the citation?
[10:34.880 --> 10:42.160]  Well, this month of the year after it expired. So the license was expired. Yes, sir, it was.
[10:42.160 --> 10:48.000]  No more questions, Your Honor. He's guilty. Unfortunately, the prosecutor did not prove his
[10:48.000 --> 10:56.400]  case. He made a prima facie case, but he didn't offer anything into the record as evidence that
[10:56.400 --> 11:04.320]  the other criteria have been met. And they never do. In order to do that, they would have to go to
[11:04.320 --> 11:09.920]  the Department of Public Safety who would have to run a check on the license. Does the license have
[11:09.920 --> 11:19.520]  any period of suspension or revocation? And was that period of suspension or revocation currently
[11:19.520 --> 11:28.240]  in progress when the license expired? If the answer to that is no, the charge is invalid on its face.
[11:28.240 --> 11:35.840]  The other problem is, were you engaged in an activity that required you to be using the license
[11:35.840 --> 11:42.160]  at that time anyway? If you're not engaged in a commercial activity, driving a motor vehicle on
[11:42.160 --> 11:48.960]  the roads for commercial reasons, then you're not using the license, and that statute would not
[11:48.960 --> 11:55.040]  apply to you. Because you're not operating a motor vehicle in commerce, you're operating your private
[11:55.040 --> 12:00.960]  automobile for your own business and pleasure as a part of your liberty. And for those of you that
[12:00.960 --> 12:06.320]  may be new listeners and have never heard this before, keep tuning in, because it gets a whole
[12:06.320 --> 12:14.080]  lot better than this. But this is all information that I have been espousing to people for many,
[12:14.080 --> 12:20.960]  many years now. And that's what our first seminar in October of 2009 was over, dealing with this
[12:20.960 --> 12:26.720]  issue at Brave New Books. We had a two-day seminar. We went completely through the individual
[12:26.720 --> 12:32.880]  sections of the traffic code, where these individual offenses are normally used to charge
[12:32.880 --> 12:40.480]  the people and take money from them. The problem here is, is they're using a statute whose entire
[12:40.480 --> 12:49.120]  purpose is for commercial regulation, and they're attempting to apply it to the people in general
[12:49.120 --> 12:57.840]  in order to generate more revenue under the auspices of that code. That's fraud, folks. It's
[12:57.840 --> 13:06.080]  absolute fraud. It's the same thing that's going on everywhere else in the country that involves
[13:06.080 --> 13:15.760]  mortgages, loans, debt collection, you name it. Somewhere, some attorney, some judge, or somebody
[13:15.760 --> 13:23.360]  decided that, you know, if we shade the truth this shade of gray, we can get people to fall for this
[13:23.360 --> 13:30.800]  and not actually go to prison for it. And then they come up with the idea, but wait, if we do it
[13:30.800 --> 13:37.920]  under the auspices of it's a government requirement, then we avoid liability in our personal capacity
[13:37.920 --> 13:46.000]  altogether. So we'll just use the authority of a prima facie office to commit the fraud. Then if
[13:46.000 --> 13:52.320]  the people catch on, they can't really sue the state to recover anything, and they'll have a heck
[13:52.320 --> 14:01.040]  of a time suing us because the judges will protect us. And that, folks, is exactly where we sit.
[14:01.040 --> 14:10.160]  There's no question about that. It's what's going on. It's absolutely what's going on. Now, if you
[14:10.160 --> 14:16.240]  are in the Austin area, or if you know folks in the Austin area, please get in touch with them.
[14:16.240 --> 14:23.600]  Come down to Brave New Books on Saturdays. From 3 to 6, we're giving these seminars every Saturday.
[14:23.600 --> 14:32.240]  We're hoping to get as many people in to know about this as possible. We're hoping to get
[14:32.240 --> 14:41.360]  as many people PO'd about it as possible because nobody that's raking in the money is going to work
[14:41.360 --> 14:47.760]  to turn off that flow of funds. If the people don't shut it off, it's not going to get shut off.
[14:47.760 --> 14:54.880]  Bet on it. So it's either up to us or we keep going. I don't want to keep going. I don't like
[14:54.880 --> 15:01.040]  the idea of having my money stolen. I don't like being lied to by my servants. I don't like them
[15:01.040 --> 15:08.720]  thinking they have a right to treat me like a mushroom. I don't let regular people get away
[15:08.720 --> 15:13.520]  with treating me that way. I'm certainly not going to let somebody that works for me get away with
[15:13.520 --> 15:21.280]  treating me that way. And folks, we need to make these people aware that they work for us. It is
[15:21.280 --> 15:30.080]  not the other way around. I'm sick and tired of going up to some public servant behind a
[15:30.080 --> 15:38.000]  reception desk or a window and getting a look from them like, what do you want? I've got stuff to do
[15:38.000 --> 15:44.480]  and you're bothering me. I just want to reach across that desk and slap them so dad blame hard
[15:44.480 --> 15:49.440]  their mascara flies to the back wall like a Tammy Faye Baker portrait stuck back there somewhere.
[15:50.800 --> 15:59.200]  It's ridiculous. There is no customer service because they think it's all serve us
[15:59.200 --> 16:06.000]  and that we owe it to them to come in there all humble and willing to just fork over our wallets
[16:06.000 --> 16:13.840]  and take it. Well, that needs to stop. And I'm here to do my best to ensure that people get the
[16:13.840 --> 16:19.360]  education they need to make it stop. Coming to these seminars at Brave New Books is one of the
[16:19.360 --> 16:24.560]  ways we're going to make that happen. So please, if you know anybody in the Austin area, anybody in
[16:24.560 --> 16:30.160]  the Dallas or Houston area, that's close enough. Just people that are interested in this, want to
[16:30.160 --> 16:37.520]  know this, and want to know the truth. Send them our way. We'll open their eyes, I promise you.
[16:37.520 --> 16:43.040]  They may not accept it, but they will be told about it. All right, folks, we're about to go to
[16:43.040 --> 16:47.200]  break. We've got a couple of callers on the board. We'll take them on the other side. This is Rule
[16:47.200 --> 16:52.720]  of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens, 512-647-512.
[16:52.720 --> 16:57.600]  512-646-1984. And we will be right back.
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[17:07.040 --> 17:13.280]  in the Austin metro area. We also ship worldwide. We are a family-owned and operated business that
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[17:25.120 --> 17:30.720]  gold and jewelry items as well. We offer daily specials on coins and bullion. We're located at
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[17:38.720 --> 17:47.120]  to 5 p.m. You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:47.120 --> 17:53.120]  with any questions. Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:53.120 --> 18:02.480]  That's Capital Coin and Bullion, 512-646-6440. Are you being harassed by debt collectors with
[18:02.480 --> 18:07.920]  phone calls, letters, or even losses? Stop debt collectors now with the Michael Mears
[18:07.920 --> 18:13.440]  proven method. Michael Mears has won six cases in federal court against debt collectors and now you
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[18:29.040 --> 18:34.960]  how to turn the financial tables on them and make them pay you to go away. The Michael Mears proven
[18:34.960 --> 18:40.400]  method is the solution for how to stop debt collectors. Personal consultation is available
[18:40.400 --> 18:45.680]  as well. For more information, please visit ruleoflawradio.com and click on the blue Michael
[18:45.680 --> 18:56.080]  Mears banner or email michaelmears at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:56.080 --> 19:11.280]  at yahoo.com to learn how to stop debt collectors now.
[19:26.720 --> 19:33.920]  All right, folks, we are back. This is Rule of Law Radio, Eddie Frank, Randy Kelton, Debra
[19:33.920 --> 19:39.680]  Speech. This is Monday night, our traffic night. I am flying solo tonight with a little bit of phone
[19:39.680 --> 19:44.960]  help from Aaron there, taking our callers and screening them for me. So please bear with me
[19:44.960 --> 19:50.400]  and be patient as I flip-flop between my computers here to see who's where and doing what. We have
[19:50.400 --> 19:55.200]  Sheldon in South Carolina and Marty and Georgia on the board. We're going to go ahead and go to
[19:55.200 --> 19:58.160]  Sheldon. Hi, Sheldon, what can we do for you?
[20:25.520 --> 20:29.920]  So, you know, he had to drop it regardless. So the solicitor would come back and tell me
[20:29.920 --> 20:35.280]  that he was going to bring back the driving charge because he couldn't drop the paraphernalia.
[20:37.920 --> 20:40.160]  Wait a minute, Sheldon, what is this second charge?
[20:41.040 --> 20:42.160]  It was paraphernalia.
[20:43.520 --> 20:44.800]  Paraphernalia, okay.
[20:46.000 --> 20:51.360]  So I'm sitting in, I'm sitting in, I have another ticket of a whole bunch of other stuff. I'm
[20:51.360 --> 20:56.800]  sitting in the arm back with the solicitor talking about these cases. The officer that
[20:56.800 --> 21:02.720]  locked me up the last time is the bailiff in the court room today. And the judge that showed me
[21:02.720 --> 21:08.000]  the statute in the book where they had to drop this next bailiff, which is my arresting officer
[21:08.000 --> 21:13.600]  over another charge. He's all in the book, like he's a police, I mean, like he's the lawyer.
[21:13.600 --> 21:19.280]  We solicited the lawyer. I mean, he solicited the judge and the arresting officer. You know,
[21:19.280 --> 21:24.720]  looking at it for forever in the same book. And the solicitor and the officer walk out.
[21:24.720 --> 21:30.400]  They're going to get another officer. The bailiff tells him, well, it doesn't matter
[21:30.400 --> 21:34.960]  if I got him on this, that, and these charges. He'll be back in a few months. We can take care
[21:34.960 --> 21:39.200]  of all this at one time. The solicitor walked right from the bailiff and he was writing in
[21:39.200 --> 21:44.080]  and told the judge about this. So wouldn't that be like, you know, the judge having
[21:44.080 --> 21:50.720]  pre-knowledge of the trial? Well, the judge is going to have pre-knowledge anyway. The question
[21:50.720 --> 21:58.240]  is, is the information coming from the officer to the prosecutor and then to the judge,
[21:59.360 --> 22:04.880]  did they give you any way of addressing this when he brought this up to the judge or what?
[22:05.840 --> 22:08.960]  Well, when he took it to the judge, they took it back into the other room,
[22:08.960 --> 22:11.280]  which I think the door was still cracked. I can hear them talk.
[22:11.280 --> 22:15.360]  Do you have an attorney or were you there yourself?
[22:15.360 --> 22:16.400]  All by myself.
[22:17.200 --> 22:18.880]  Then why weren't you in the room with them?
[22:20.640 --> 22:24.320]  I want to know that too because they let me in one room. We went in the room with the judge and
[22:24.320 --> 22:29.040]  talked. And filed judicial conduct complaints against the judge, bar grievances against the
[22:29.040 --> 22:36.240]  prosecutor. And if there's a South Carolina statute for it, denial of due process charges,
[22:36.240 --> 22:42.400]  because that is an ex parte communication in your case. Ex parte.
[22:43.280 --> 22:52.080]  Ex parte. E-X-P-A-R-T-E. They are separate words. Okay? E-X-P-A-R-T-E.
[22:52.960 --> 22:58.960]  Okay. I don't like the other team was right for the same officer at Lawton, Peter Baylor,
[22:58.960 --> 23:05.200]  and quick when I came to court. And then he just come to the only conversation with the judge,
[23:05.200 --> 23:09.040]  solicitor, and the officer, all three of them conversation together.
[23:09.040 --> 23:14.960]  Well, if the bailiff was talking directly to the judge, that's a problem. If the bailiff was only
[23:14.960 --> 23:21.920]  talking to the prosecutor, that's something else. But if the bailiff was bringing all this up to
[23:21.920 --> 23:29.280]  the judge, and nobody was allowing you to be present or involved in this, that's a big problem.
[23:29.280 --> 23:33.680]  And that particular case wasn't the one at hand. He was talking about something that's coming up
[23:33.680 --> 23:35.840]  in the future. He was like, you know, let's just...
[23:35.840 --> 23:40.240]  Doesn't make any difference. You have the one that's accusing you communicating directly with
[23:40.240 --> 23:43.760]  the judge that's going to try your case. That's a problem.
[23:43.760 --> 23:45.760]  Then he's the chief judge.
[23:47.760 --> 23:48.240]  Okay.
[23:48.240 --> 23:49.760]  The chief judge of this area.
[23:49.760 --> 23:55.600]  Yeah. That is a due process violation. It removes all appearance of an impartial judge,
[23:55.600 --> 23:58.400]  and you can make hay with that if you complain about it.
[24:00.400 --> 24:01.600]  Ex parte.
[24:01.600 --> 24:08.240]  Ex parte communications. You need to see what the statutes are there in South Carolina dealing
[24:08.240 --> 24:15.360]  with that. And you need to see about fair and impartial judge. So you either want a motion for
[24:15.360 --> 24:21.600]  recusal or a motion for disqualification of the judge because of the ex parte communications.
[24:22.400 --> 24:30.000]  But don't forget the judicial conduct complaining. And do it for each thing that they were discussing.
[24:30.000 --> 24:33.200]  If there was five charges, he gets five complaints.
[24:35.200 --> 24:38.400]  Yeah, because they say, well, we'll just take this and run it with the next one.
[24:38.400 --> 24:40.000]  That's the exact word. We just...
[24:40.000 --> 24:45.760]  Again, they're doing it outside of your presence or the presence of your legal counsel, which is
[24:45.760 --> 24:51.840]  you in this case. That's an ex parte communication. That's forbidden in every state of the union,
[24:51.840 --> 24:53.040]  as far as I know.
[24:53.840 --> 24:57.040]  Will there be a motion or I'll just file a paper or what?
[24:57.760 --> 25:04.720]  You file a motion to disqualify, but then you file separately with whatever constitutes a judicial
[25:04.720 --> 25:12.080]  conduct complaint in your state. And you also file bar grievances against the prosecuting attorney
[25:12.800 --> 25:19.120]  for that judicial misconduct that he did as far as communicating with the judge outside your presence,
[25:19.120 --> 25:20.160]  ex parte.
[25:23.360 --> 25:27.840]  Well, I appreciate it. And I'll sure get on it in the morning. If you don't mind, I'd like to
[25:27.840 --> 25:31.760]  continue listening on this line because, y'all, this line over here in South Carolina is not
[25:31.760 --> 25:38.160]  worth... Is there any way you can listen to us over the internet? Because our listener, our call-in
[25:38.160 --> 25:40.800]  line is limited in the number of callers we can hold.
[25:42.000 --> 25:45.520]  All my way to work. I can say we work two hours different.
[25:46.240 --> 25:49.600]  All right. Well, just hang in there then and we'll see what we can do. All right? Thanks for
[25:49.600 --> 25:51.840]  calling in, Sheldon. Thanks. Bye-bye.
[25:52.400 --> 25:58.080]  Bye-bye. All right. Now we got Marty in Georgia. All right, Marty, what can we do for you?
[25:58.640 --> 25:59.920]  Hey, Eddie. Can you hear me okay?
[25:59.920 --> 26:01.360]  Yeah, you're just fine.
[26:02.000 --> 26:06.880]  All right. Excellent, man. Hey, of course, you know, I hear everyone give you kudos,
[26:06.880 --> 26:11.600]  but I just want to say I found you about, you know, before the new year and the same thing.
[26:11.600 --> 26:15.920]  It's been revolutionary information for me and just a real awakening. So I really appreciate
[26:15.920 --> 26:22.640]  what you and the rest of the crew are doing anyways, man. So what I got going on is I got
[26:22.640 --> 26:29.840]  a fine ticket for speeding in North Carolina. And, you know, really what I'm wondering is,
[26:31.760 --> 26:39.120]  so as I go ahead, I start to file all these motions and affidavits. Can I do that over the mail?
[26:40.160 --> 26:44.560]  Sure, you can. Just make sure everything you do is certified mail return receipt requested
[26:44.560 --> 26:50.800]  and that all the information is on the proofs of service. You should have, if you're using
[26:50.800 --> 26:55.440]  the seminar material, there will be two proofs of service, one to the court and one to opposing
[26:55.440 --> 27:02.320]  counsel. You enter the correct registered mail information, such as the certification number,
[27:02.320 --> 27:08.080]  so on and so forth, on the correct portion of that certificate of service for whoever you are
[27:08.080 --> 27:13.040]  mailing it to. And make sure you enter it on the copies that you keep for yourself.
[27:13.840 --> 27:20.080]  Okay, so I do the proofs of service and I keep a copy for myself and I send that with each
[27:20.080 --> 27:25.840]  of the... If you do personal service, then you get them to either stamp or sign the
[27:25.840 --> 27:31.200]  certificate of service that you delivered it. And you make certain that they sign or stamp
[27:31.200 --> 27:38.480]  the copies you keep for yourself. Okay. All right. And then the other thing is, yes,
[27:38.480 --> 27:44.720]  I do have the traffic seminar material. So with that, you've talked a lot about affidavits that
[27:44.720 --> 27:50.720]  you're creating and you've been working on. Is that going to be ready to send out to those of
[27:50.720 --> 27:56.480]  us that are remote soon? I actually only have been working on these for about a week.
[27:58.640 --> 28:04.400]  This past Sunday was in fact a week and I've got a lot I'm trying to do because I'm also trying to
[28:04.400 --> 28:09.920]  get bills ready to take before the legislature, before they go out, month after next, and we
[28:09.920 --> 28:15.360]  lose the opportunity for two dag gum years. So I'm working on it as quick as I can. I'm trying to do
[28:15.360 --> 28:22.080]  the educational stuff so that I'm not the only one generating paperwork anymore. So there's just more
[28:22.080 --> 28:26.320]  than I can do on a regular basis. I got to have some free time to think or my brain will burn up.
[28:27.360 --> 28:30.960]  And I entirely hear that. I just hadn't heard you say, you know, sort of a...
[28:34.800 --> 28:39.200]  Yeah, I'm actually trying to write these affidavits where they contain everything
[28:39.200 --> 28:44.640]  as a statement of fact. The problem with an affidavit is this. These affidavits are going
[28:44.640 --> 28:50.960]  to be signed under penalty of perjury, okay? They're going to be constructed specifically
[28:50.960 --> 29:01.120]  to be irrefutable fact. Because of that, they must be absolutely correct and perfect. If they're not,
[29:01.120 --> 29:07.520]  whoever uses them commits perjury and now they've got a much bigger charge to worry about. And I
[29:07.520 --> 29:13.920]  don't take that responsibility lightly. So these are not going to be quick hand-me-down documents.
[29:13.920 --> 29:19.280]  These have to be well thought out. They have to be planned out, and they have to be irrefutable
[29:19.280 --> 29:27.200]  as statements of fact so that that cannot happen. So those of you that are listening that want to
[29:27.200 --> 29:31.360]  know about the affidavits, that's the deal with the affidavits. This is not like a motion.
[29:32.560 --> 29:37.120]  All right, so everybody needs to be aware of that. It's very important that these are done correctly.
[29:37.120 --> 29:41.600]  Okay, Marty, I know you probably have a couple more questions because I do have your email
[29:41.600 --> 29:46.400]  in front of me. So hang on and we'll get back to you. Folks, this is Rule of Law Radio. Eddie Craig,
[29:46.400 --> 29:53.760]  Randy Kelton, Deborah Stevens. Marty's currently our last caller. 512-646-1984 is the call-in number.
[29:53.760 --> 29:57.280]  So give us a call. Let's see what we can do for you. We will be right back.
[29:59.840 --> 30:05.040]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted by our own
[30:05.040 --> 30:10.000]  Eddie Craig. Eddie is a former Nacogdoches County Sheriff's Deputy, and for the past 21 years,
[30:10.000 --> 30:14.320]  he has studied the due process of law and now offers his knowledge to you at a law seminar
[30:14.320 --> 30:20.080]  every Saturday from 3 o'clock to 6 o'clock at Brave New Books, located at 1904 Guadalupe Street
[30:20.080 --> 30:25.280]  in Austin, Texas. Admission is $20. So please make plans to come and sit with Eddie and learn
[30:25.280 --> 30:32.640]  for yourself what the true intent of law really is. Have you had your hug today? If not, you're
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[31:48.160 --> 31:51.840]  I'm Dr. Catherine Albrecht, sending you a virtual hug from Radioland.
[31:51.840 --> 31:56.000]  More news and information at CatherineAlbrecht.com.
[31:56.000 --> 32:25.600]  All right, folks. We are back. Rule of law radio. This is Eddie Craig. This is Monday
[32:25.600 --> 32:30.400]  night, our traffic night. We have some callers up on the board. For those of you out there that
[32:30.400 --> 32:38.160]  are listening in, 512-646-1984 is the call-in number. So, please give us a call. Right now,
[32:38.160 --> 32:42.800]  we're going to finish up our call with Marty in Georgia. All right, Marty, please continue.
[32:43.600 --> 32:50.080]  Okay. Yeah. I mean, again, thanks mostly. The material is working great, and it's helped me
[32:50.080 --> 32:58.960]  understand law. Even out of state law, it all just seems to run very closely. You just have to find
[32:58.960 --> 33:04.960]  the statutes and work from there. So, I am a true rookie. I wasn't actually,
[33:04.960 --> 33:09.120]  when I purchased the material, I wasn't actually anticipating testing it out so quickly,
[33:09.840 --> 33:16.640]  but I've had to run into North Carolina before. So, anyways, my confusions now are simply
[33:16.640 --> 33:21.200]  to request a jury trial, because, you know, as I go through and I'm finding all these questions,
[33:21.200 --> 33:25.920]  I end up experiencing the whole experience. I call the clerk. They don't want to talk to me.
[33:25.920 --> 33:31.040]  They're very irritated with me. But it's a bench trial. So, do I put a motion?
[33:31.040 --> 33:38.560]  Oh, big mistake. Don't ever do a bench trial. Right. So, do I put in a motion for, I mean,
[33:38.560 --> 33:43.520]  how do I make sure that I'm getting a... You tell the court you demand the trial by jury.
[33:43.520 --> 33:46.880]  Okay. They cannot deny you a trial by jury,
[33:46.880 --> 33:50.960]  either in civil or criminal cases. All right. Excellent.
[33:50.960 --> 33:56.640]  Those are constitutionally protected rights. All right. So, that's physically it. I just
[33:56.640 --> 34:02.560]  basically have to go and make that demand as my right. Right. But make sure you do it in writing,
[34:02.560 --> 34:10.960]  not just oral. Make sure everything is in writing. Yes. Yes, I've gotten that. That's the other thing
[34:10.960 --> 34:16.000]  I was thinking of is, for each individual motion or affidavit or filing that I do,
[34:16.000 --> 34:23.200]  should I do those as individually mailed items with the certification and return receipt? Or
[34:23.200 --> 34:27.600]  can I do them, you know, somewhere else together? You don't have to do them individually as long as
[34:27.600 --> 34:34.640]  you ensure that you make a list of all the documents that are in the envelope. And on that
[34:34.640 --> 34:39.280]  list, you write the certification numbers and make sure that you put the certification numbers
[34:39.280 --> 34:45.440]  for the mailing on each of the copies of the certificates of service. You make sure you keep
[34:45.440 --> 34:52.400]  a copy of the list of documents that was filed attached to copies of the actual documents that
[34:52.400 --> 34:59.360]  were filed, along with the certified mail information. You don't have to mail them
[34:59.360 --> 35:03.920]  individually, but you do need to make sure they all have the certification information
[35:03.920 --> 35:11.280]  and that they are properly listed on an itemized list of documents sent. Okay. Yeah. And then for
[35:11.280 --> 35:17.920]  the last thing, you know, again, a rookie just kind of dumb thing. You know, I'm reading this,
[35:17.920 --> 35:24.560]  but as I read it and I find the information in my file, it says essentially that I've been arraigned.
[35:24.560 --> 35:32.560]  And, you know, I don't understand what that means to me. Can you enter a plea? No, I don't.
[35:32.560 --> 35:38.400]  No, I haven't. I haven't. I've talked to the clerk over the phone to find out what, you know,
[35:38.400 --> 35:43.440]  who the judge is. Okay. Then you need to file a written objection to that information on
[35:43.440 --> 35:50.720]  whatever it is that says you've been arraigned. Okay. File an affidavit stating, I have not been
[35:50.720 --> 35:58.080]  arraigned on any date or any time. I have yet to speak with a magistrate of any kind. It's impossible
[35:58.080 --> 36:04.000]  for a clerk to hold an arraignment as that is a judicial function reserved solely to a
[36:04.000 --> 36:10.640]  judicial officer, which can only be a magistrate or a judge. It really depends upon what your
[36:10.640 --> 36:16.320]  state law requires. But I guarantee you it's not within the authority of the clerk to do it.
[36:17.040 --> 36:22.800]  Yeah. That's what was confusing me because as I looked it up in the statutes, you said
[36:22.800 --> 36:28.320]  specifically, you know, these were actions that had to happen just as you're describing them.
[36:28.320 --> 36:34.560]  There's only specific cases. So I just couldn't understand that. And okay, well, that's perfect.
[36:34.560 --> 36:40.000]  It just gets me on the path. And like I said, man, I appreciate this so much. It just,
[36:41.360 --> 36:48.880]  it feels great to feel free. Okay. Now the other thing I see here in your email is you actually
[36:48.880 --> 36:57.120]  were asking questions about a speeding ticket. Now, have you found whether or not your state
[36:57.120 --> 37:03.920]  laws deal with prima facie speed limits? I have not got to read the statutory section you sent me
[37:04.640 --> 37:08.880]  to look at to see if it does or not. But what you want to see is whether or not Georgia runs
[37:08.880 --> 37:14.880]  on prima facie speed limits. In fact, Gary in Georgia would probably be a really good guy for
[37:14.880 --> 37:20.640]  you to be talking to because he already has a good working knowledge of those statutes.
[37:20.640 --> 37:25.680]  So Gary in Georgia, if you're listening out there, please give us a call. If you and Marty
[37:25.680 --> 37:31.280]  will send me an email together, I'll hook you two up if that's your desire. And y'all can work
[37:31.280 --> 37:36.080]  together to make life difficult for these individuals. That sounds perfect to me. So
[37:36.080 --> 37:40.640]  definitely. I'll send you an email that if Gary will send the same and you find it and link us
[37:40.640 --> 37:46.720]  up, man, I would love that. Okay. Well, thank you very much, Eddie. I will certainly be back in
[37:46.720 --> 37:52.240]  contact. But I'm off to do my best to make them follow the law. All right, Marty. Thank you very
[37:52.240 --> 37:58.320]  much for calling in. Appreciate it. All right. Bye bye. Bye bye. All right. We have Brian and
[37:59.440 --> 38:05.760]  looks like Minnesota. Is that correct? Or is it? Hi, Brian. What's up? Yeah. Hey, Eddie, I just
[38:05.760 --> 38:18.160]  wanted to see if you could suggest for me any on how to mitigate the damages for my false imprisonment
[38:18.160 --> 38:25.840]  claim in civil court. And just because yeah, I know the Trezavant case and that. But I just
[38:25.840 --> 38:30.480]  want to see you if I could call on your 11 some years of experience or whatever studying this.
[38:30.480 --> 38:35.360]  Okay. When you say mitigate the damages, who are you wanting to mitigate them for?
[38:37.520 --> 38:45.200]  Well, the opposing counsel, the defense claims that I have failed to mitigate the damages for
[38:45.200 --> 38:54.880]  a claim of which relief can be thought. So I just want to be prepared for. He said mitigate? Yes.
[38:54.880 --> 39:02.640]  He actually said that. Well, wrote it. Okay. Then obviously this attorney is a buffoon.
[39:03.760 --> 39:11.600]  Well, yeah. Mitigate means lessen or make smaller. Okay. To take away something. In other words,
[39:11.600 --> 39:18.560]  to curb liability for to mitigate the damages. In other words, the only thing he could be doing
[39:18.560 --> 39:24.320]  is making an accusation against you about mitigation of damages, stating that it's kind
[39:24.320 --> 39:28.800]  of like the issue about where your neighbor's tree branch falls through the roof of your house.
[39:29.680 --> 39:35.920]  You have an obligation to mitigate the damage by doing something to keep further damage from
[39:35.920 --> 39:41.360]  occurring because of the hole rather than letting the damage accumulate so that your neighbor has
[39:41.360 --> 39:50.160]  to pay more. That's what mitigation is. Lessen the damages. Just exactly how does he expect you to
[39:50.160 --> 39:57.920]  lessen the damages for a false arrest and imprisonment? And do I need to for that cause
[39:57.920 --> 40:03.760]  of action? I mean, isn't that damn exciting? Again, my question is how would you? It's completely
[40:03.760 --> 40:09.920]  outside of your control to be falsely imprisoned. How do you mitigate the damage when the person
[40:09.920 --> 40:13.920]  committing the act that prevents you from mitigating it has a gun?
[40:13.920 --> 40:24.080]  Again, in other words, the only way you could mitigate your damages for false imprisonment is
[40:24.080 --> 40:31.120]  escape. The only way you could mitigate your damages for aggravated assault is to take out
[40:31.120 --> 40:40.240]  the person committing the assault. There's no way to mitigate it unless you're the one in control.
[40:40.240 --> 40:47.760]  So, if it were an issue brought up before the court, I know in the Trezavan case he talks about
[40:47.760 --> 40:54.320]  he had a bunch of back pain and stuff. I was thinking, do I need to make a claim like that?
[40:54.320 --> 40:56.960]  Can I just say, I mean, is it enough to say my rights are violated?
[40:56.960 --> 41:02.720]  Your entry is the false imprisonment. You don't have to suffer from an ailment or some other
[41:02.720 --> 41:08.480]  condition unless, of course, the false imprisonment did something to aggravate a condition that
[41:08.480 --> 41:15.360]  already existed or it puts you in a situation that caused a new one. For instance, they threw
[41:15.360 --> 41:19.840]  you in the jail cell and while they had you there slammed your hand shut in the door.
[41:20.800 --> 41:26.880]  That's a new injury. Okay? That would go on top of the false imprisonment.
[41:27.600 --> 41:33.760]  If, however, you had a broken leg and they put you in a place where the only thing you could do
[41:33.760 --> 41:40.800]  was stand up the entire time, that is an aggravation of a preexisting condition or injury.
[41:42.400 --> 41:48.560]  And you can claim it that way. So, I don't understand what this guy is trying to tell you
[41:48.560 --> 41:55.360]  that you failed to mitigate. Well, I just got done filing a bar grievance from him on Randy's
[41:55.360 --> 42:00.720]  suggestion. So, I don't know, do I need to file another one? This is opposing counsel,
[42:00.720 --> 42:06.000]  not your counsel, right? Right. Okay. You need to send
[42:07.600 --> 42:13.120]  information back to him requesting information for a more definite statement. And I would simply
[42:13.120 --> 42:22.320]  ask him, how do you propose that I, as the person harmed, mitigate the damage of false imprisonment
[42:22.320 --> 42:25.680]  when I'm surrounded by people with guns and riot gear?
[42:25.680 --> 42:35.680]  All right. What about, like, what about, can I cite, like, 1983 court case kind of stuff
[42:35.680 --> 42:40.480]  in a district court? Well, I hope you're sure it's good law, most certainly. But, again,
[42:40.480 --> 42:45.520]  this is not a motion you're filing with a prosecuting attorney. That kind of stuff is better
[42:45.520 --> 42:51.760]  used in court. Don't argue with the idiot. Okay? Send your case to the court.
[42:51.760 --> 42:56.720]  It's all you need to understand. Did he send this directly to you, or did he file this in the court?
[42:57.840 --> 43:05.200]  This was filed with his affirmative defenses. Okay. Then what is the affirmative defense?
[43:06.720 --> 43:09.680]  Simply that you did not mitigate the damages?
[43:14.560 --> 43:19.680]  He lists a whole bunch because he's claiming that I didn't, that it was not, any actions
[43:19.680 --> 43:27.360]  that anything that happened was a result of my own fault. And so he's claiming immunity,
[43:27.360 --> 43:30.960]  and he wanted to file sanctions and stuff like that. I just went and filed a bar grievance for
[43:35.280 --> 43:40.960]  intimidating me by threatening sanctions. But hang on just a second, Brian. We're
[43:40.960 --> 43:46.160]  going to go to break. I'll pick you up on the other side. Okay? All right, folks. This is
[43:46.160 --> 43:54.400]  Rule of Law Radio 512-646-1984. If you have an issue or a question, please give us a call.
[43:54.400 --> 43:58.080]  We're about to go to break, but hang in there. We will be right back.
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[46:20.640 --> 46:34.560]  All right, folks, we are back. Rule of Law Radio. I want to thank everybody that's calling in for
[46:34.560 --> 46:40.640]  us right now, and we'll continue to take your calls. We've got another hour and 15 minutes left
[46:40.640 --> 46:45.280]  in the show, so we've got plenty of time. We can get folks up on the board. Let's go ahead and
[46:45.280 --> 46:54.640]  finish up with our current caller. Okay, Brian, please go ahead. All right, so I guess
[46:56.000 --> 47:03.680]  one of my main questions is when I do get through the damages, and if it were a question of how I
[47:03.680 --> 47:12.000]  broke down the damages, because I was thinking of amending my complaint for, and tell me if I'm
[47:12.000 --> 47:18.800]  going about this the right way or not, but to get declaratory relief, to declare that what they did
[47:18.800 --> 47:28.000]  was an illegal function, and then to quantify the damages, to have this declared illegal,
[47:29.040 --> 47:36.960]  and to cite the Trezevant case, I had to represent myself. What I basically would be saying is
[47:36.960 --> 47:44.320]  these are my attorney's fees, more or less, right? Right. These are your legal fees. The problem is,
[47:44.880 --> 47:52.240]  normally they will not grant the legal fees to a pro se. It's stupid, it's idiotic, it's unfair,
[47:52.240 --> 47:56.640]  and it's biased, because you have to put in just as much time and effort, if not more,
[47:56.640 --> 48:02.080]  than that attorney does, so why your time and effort's not worth money and his is is beyond me,
[48:02.080 --> 48:11.280]  beyond me, but give it a shot. What do you think would be the best way to cite Trezevant and say,
[48:12.160 --> 48:19.040]  you know, this guy got $165 a minute for his false imprisonment, and that's what I'm basing my?
[48:20.880 --> 48:29.760]  You got $1,065 per minute. Right. Okay. Well, again, you have to cite it the same way you
[48:29.760 --> 48:34.560]  would in any other case before a court. You would have to make a proper citation of the case.
[48:35.120 --> 48:41.520]  The issue here is, where did the officers in your state deviate from the legal process they're
[48:41.520 --> 48:53.040]  required to follow? The approximation, more or less. Okay. Then you need to outline in your suit,
[48:53.040 --> 49:01.280]  here are the specific steps required by law. Okay. Here's where the officer must have probable cause
[49:01.280 --> 49:07.680]  or whatever your state requires in order to perform an incarceration or an arrest of this type.
[49:08.560 --> 49:15.200]  Those elements did not exist. You could not mitigate the damages because you were being
[49:15.200 --> 49:26.080]  accosted and abused by an individual with a loaded sidearm. So there was no ability or capability
[49:26.880 --> 49:35.760]  to diminish or mitigate the harm. Okay.
[49:35.760 --> 49:45.920]  Would I want to put that in? Would I want to amend my complaint and put that in the complaint
[49:45.920 --> 49:50.480]  and amend the complaint to get that in there? Would that be necessary or can I just
[49:50.480 --> 49:56.960]  can I presume without that in the complaint? No. You must answer his affirmative defenses.
[49:59.040 --> 50:04.000]  Now remember, affirmative defenses are knee-jerk defensive. They're going to throw the kitchen
[50:04.000 --> 50:08.320]  sink at you citing why they have an affirmative defense against everything you're claiming.
[50:08.880 --> 50:15.280]  Right. You simply need to find the case law that shows under these conditions and these circumstances,
[50:15.280 --> 50:22.160]  this claim of affirmative defense, it doesn't exist. And then I argue that in court.
[50:24.240 --> 50:30.800]  You write that into your answer to his affirmative defenses. Oh, what if I already replied to his
[50:30.800 --> 50:37.360]  affirmative defenses and I denied everything basically? Wait, wait, wait. You can't deny
[50:37.360 --> 50:44.560]  anything. You must answer his affirmative defenses with counters as to why his affirmative defenses
[50:44.560 --> 50:51.680]  are invalid. You don't just get to say, I deny that's accurate. You've got to show why it's not
[50:51.680 --> 51:01.760]  accurate. And you must use the law that governs that affirmative defense in order to do that.
[51:01.760 --> 51:06.960]  For instance, they're claiming official immunity as an affirmative defense. The problem is
[51:06.960 --> 51:12.000]  official immunity does not apply in a case where the public servant commits a crime
[51:13.920 --> 51:21.600]  because a criminal act cannot be part of an official function or duty. A violation of a right
[51:21.600 --> 51:30.400]  cannot be an official function or duty. So an affirmative defense of official immunity
[51:30.400 --> 51:35.600]  will not apply in a case that involves the violation of a right or a criminal act.
[51:39.360 --> 51:43.920]  All right. Now, Randy was saying last time I called, he was saying that I don't want to argue
[51:43.920 --> 51:48.880]  back and forth with the other side though. You don't. You're going to address the court.
[51:48.880 --> 51:53.200]  Here's why opposing counsel's affirmative defenses are BS.
[51:56.160 --> 52:00.080]  You're not arguing back and forth with the other side. You're simply telling the judge,
[52:00.080 --> 52:08.000]  here's why you should ignore this twit. All right. So what be it that I already filed
[52:09.040 --> 52:11.360]  somewhat of a report? I'll have an amended answer.
[52:11.360 --> 52:18.880]  Okay. And just affirmative defenses I should address?
[52:18.880 --> 52:25.600]  Everything he brought up, you must counter. If you fail to counter anything that can get it all
[52:25.600 --> 52:30.080]  thrown out, it will get thrown out. Make sure you understand that.
[52:32.320 --> 52:39.600]  If he made 10 assertions, you need 10 rebuttals. They need to be on point, specific to the
[52:39.600 --> 52:44.480]  affirmative defense, and you need the case law in your favor that says the affirmative
[52:44.480 --> 52:56.640]  offense does not apply because. Okay. And then if I'm bringing in like a 1983 suit
[52:56.640 --> 52:59.200]  into this, but it's not a 1983 suit, if I'm going to cite that...
[52:59.200 --> 53:04.960]  You do not bring any mention of a 1983 suit into something going on in state court. Got that?
[53:04.960 --> 53:14.400]  All right. Is that something for appeal, or I mean, should I have done a 1983 suit?
[53:15.680 --> 53:23.040]  1983 is a separate suit. In order to go 1983, you've got to show where the state actors
[53:23.040 --> 53:28.640]  that committed the act did something that violates the federally protected rights that you have.
[53:28.640 --> 53:32.960]  If you can't do that, you don't have a 1983 suit.
[53:36.960 --> 53:39.920]  What if I can't do that? Say again?
[53:40.720 --> 53:46.160]  What if I can do that? Then you have reasons to make a 1983 suit,
[53:46.160 --> 53:51.280]  but that suit is completely separate and independent of the state suit.
[53:53.600 --> 53:54.240]  Okay.
[53:54.240 --> 54:01.360]  So I could file both of those? Yes. You can sue them once in the state and once in the Fed.
[54:05.280 --> 54:08.560]  And you don't have to wait for the conclusion of one to do the other.
[54:13.760 --> 54:18.240]  Though it may be a tad bit more difficult on you to try to fight them both at the same time.
[54:18.800 --> 54:19.360]  Yeah.
[54:19.360 --> 54:24.560]  Okay? Okay. All right. Anything else we can do for you?
[54:24.560 --> 54:30.080]  Well, I don't know how full your call board is. I don't know if maybe you could address this
[54:30.080 --> 54:37.840]  question quick, and this is off that subject. But I was curious to know if you had any suggestions
[54:37.840 --> 54:41.360]  of how you could address this question. I don't know if you could address this question quick,
[54:41.360 --> 54:50.400]  and this is off that subject. But I was curious to know if you had any suggestions of breaking down
[54:52.000 --> 54:58.880]  the research on the difference between private business and commercial business and business
[54:58.880 --> 55:02.880]  without a license. I'm dealing with a lot up here in Minnesota. We have a raw milk cattle going on.
[55:04.000 --> 55:04.320]  Right.
[55:04.320 --> 55:12.240]  Right. And so a lot of the things we're dealing with are that we're making private.
[55:12.240 --> 55:17.920]  Okay. The first thing is the difference between what you're talking about is one's an incorporated
[55:17.920 --> 55:23.680]  business versus a private business. That's one thing. The other thing is is to whom does
[55:23.680 --> 55:29.520]  the regulations governing that type of business apply? The incorporated entity, the non-incorporated
[55:29.520 --> 55:37.040]  entity or both? Is the activity in which you're engaging one that they're allowed to regulate?
[55:37.040 --> 55:42.400]  Where's the law that allows them to regulate it? What does that law say it's allowed to cover or
[55:42.400 --> 55:50.880]  not cover? Okay. Those are the things you need to dissect. It's not going to be one law in one place.
[55:50.880 --> 55:57.360]  It's going to be several from what I understand. The first one's going to be what governs
[55:57.360 --> 56:02.160]  agricultural production in your state, including raw dairy products.
[56:04.080 --> 56:10.640]  Then what does the health and safety code say that would conflict or agree either way
[56:11.280 --> 56:16.000]  in that case? Because I can almost guarantee you you're going to have regulations under both.
[56:18.160 --> 56:18.640]  Right.
[56:18.640 --> 56:24.240]  Under the agriculture code, the business code, the health and safety code, all of those.
[56:24.240 --> 56:29.600]  You're going to need to check every one of them, whatever it is those codes are in your state.
[56:31.360 --> 56:36.560]  Is there any good agency like case law you're aware of that we could use to say like...
[56:37.360 --> 56:40.240]  Not as far as something like what you're dealing with, no.
[56:41.920 --> 56:49.200]  That's something you'd have to research and find out. The USDA might be able to help you
[56:49.200 --> 56:55.760]  at least as far as federal cases go. Will they? I don't know.
[57:01.520 --> 57:05.600]  Okay. Well, that's a little insight for me. Thank you very much.
[57:06.240 --> 57:07.920]  You're very welcome. Thanks for calling in.
[57:08.480 --> 57:08.720]  Yeah.
[57:09.840 --> 57:16.560]  Okay. Have a good night. All right. Now we have Ernest in Texas. Ernest, we got about a minute
[57:16.560 --> 57:20.240]  and a half before we go to break, but let's see if we can get your question out there and finish it
[57:20.240 --> 57:26.320]  on the other side when we come back if we have to. Hello, Ernest.
[57:26.960 --> 57:27.920]  Yes, sir. Can you hear me?
[57:28.560 --> 57:29.040]  Yes, sir.
[57:29.760 --> 57:41.520]  Okay. Basically, I got a traffic citation and I wasn't speeding, but they got me for speeding,
[57:41.520 --> 57:51.440]  supposedly. Basically, I went to trial or I went to court for it, went to trial. The officer did
[57:51.440 --> 57:57.840]  not show up, so they requested a continuance. I'm trying to figure out if I was treated unfairly,
[57:57.840 --> 58:01.440]  and the story goes a lot deeper, but I know you said we had a minute till break.
[58:02.320 --> 58:07.280]  Yeah. If you'll hang on, Ernest, we'll pick that up on the other side. The law does, however,
[58:07.280 --> 58:12.480]  specifically allow them to get a continuance if the state's witness does not show up. That's
[58:12.480 --> 58:17.680]  written right in the Chapter 45 Code of Criminal Procedure, but hang on and we'll pick that up on
[58:17.680 --> 58:25.520]  the other side, okay? Okay. All right, folks. This is the top of the hour break. Rule of Law Radio
[58:25.520 --> 58:33.280]  512-646-1984 is the call-in number. Please give us a call. We've got one hour left. We've only got
[58:33.280 --> 58:38.400]  a couple of callers up on the board right now, so give us a call. Let's see if we can give you a
[58:38.400 --> 59:03.680]  hand, okay? We will be right back. The Bible remains the most popular book in the world,
[59:03.680 --> 59:09.280]  yet countless readers are frustrated because they struggle to understand it. Some new translations
[59:09.280 --> 59:15.120]  try to help by simplifying the text, but in the process can compromise the profound meaning of
[59:15.120 --> 59:22.400]  the Scripture. Enter the recovery version. First, this new translation is extremely faithful and
[59:22.400 --> 59:29.280]  accurate, but the real story is the more than 9,000 explanatory footnotes. Difficult and profound
[59:29.280 --> 59:34.480]  passages are opened up in a marvelous way, providing an entrance into the riches of the
[59:34.480 --> 59:40.480]  Word beyond which you've ever experienced before. Bibles for America would like to give you a free
[59:40.480 --> 59:46.560]  recovery version simply for the asking. This comprehensive yet compact study Bible is yours
[59:46.560 --> 59:57.520]  just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:57.520 --> 01:00:04.400]  That's freestudybible.com. This news brief brought to you by the International News Network.
[01:00:04.400 --> 01:00:09.920]  Iranians marched in Tehran Monday in a banned rally supporting popular uprisings in Egypt
[01:00:09.920 --> 01:00:15.520]  and Tunisia, but were blocked by police and security forces. The march was a test of strength
[01:00:15.520 --> 01:00:21.200]  for the opposition, which had not taken to the streets since December 2009 when eight people
[01:00:21.200 --> 01:00:26.800]  were killed. Iran officially backed the revolt in Egypt and Tunisia, but stopped the solidarity
[01:00:26.800 --> 01:00:34.400]  rally, citing the threat of unrest. The Palestinian Authority cabinet resigned Monday following the
[01:00:34.400 --> 01:00:41.040]  resignation Saturday of Saeb Erekat, the Palestinian Liberation Organization's chief negotiator,
[01:00:41.040 --> 01:00:46.880]  after it emerged his office with the source of leaked documents showing Palestinian negotiators
[01:00:46.880 --> 01:00:51.440]  were willing to make huge concessions to Israel contrary to their public pronouncements.
[01:00:51.440 --> 01:00:57.280]  In Kabul, at least two people were killed Monday by a Taliban suicide bomber in a hotel and shopping
[01:00:57.280 --> 01:01:02.480]  complex. Several people were wounded. Security forces concerned other attackers were still
[01:01:02.480 --> 01:01:08.160]  inside the building, took hours to evacuate people trapped inside. The assault is the first bombing
[01:01:08.160 --> 01:01:15.520]  in Kabul since January 28th when a suicide bomber killed eight people. The spirit of rebellion that
[01:01:15.520 --> 01:01:22.160]  toppled Hosni Mubarak Friday continued in Egypt's vast public sector, inspiring workers fed up with
[01:01:22.160 --> 01:01:28.160]  meager wages and poor working conditions to take to the streets. Workers went on strike Sunday,
[01:01:28.160 --> 01:01:34.160]  disrupting operations and forcing the central bank to declare an unscheduled bank holiday Monday.
[01:01:34.160 --> 01:01:39.600]  Many middle-class protesters, along with the army who has banned union meetings, are urging
[01:01:39.600 --> 01:01:45.760]  workers to go back to work under the banner of quote building a new Egypt. Outside a state-owned
[01:01:45.760 --> 01:01:51.840]  insurance company in Cairo, a few yards from Tahrir Square, still an epicenter of Egypt's revolt,
[01:01:51.840 --> 01:01:57.120]  hundreds of state insurance company workers demanded the departure of their managers. In the
[01:01:57.120 --> 01:02:02.080]  country where a fifth of the population earns less than a dollar a day, many Egyptians hope
[01:02:02.080 --> 01:02:10.000]  democracy translates into worker power. CIA Director Leon Panetta warns the U.S. faces cyber
[01:02:10.000 --> 01:02:16.400]  warfare threats and malicious computer activity, saying the potential for the next Pearl Harbor
[01:02:16.400 --> 01:02:21.760]  could very well be a cyber attack. Director of National Intelligence James Clapper told the
[01:02:21.760 --> 01:02:27.040]  House Permanent Select Committee on Intelligence Thursday, this threat is increasing in scope and
[01:02:27.040 --> 01:02:32.320]  scale and its impact is difficult to overstate. Panetta said, if you have a cyber attack that
[01:02:32.320 --> 01:02:38.400]  brings down our power grid system, brings down our financial system, brings down our government
[01:02:38.400 --> 01:02:43.520]  systems, you could paralyze this country. Panetta went on, other countries are developing a
[01:02:43.520 --> 01:02:58.560]  significant capacity in this area, whether it's Russia or China or Iran.
[01:03:13.520 --> 01:03:38.560]  I read his book and it says he cares not for the unsightly. These warmongers come by that term right?
[01:03:38.560 --> 01:03:59.600]  I won't pay for the war with my body, ain't gonna pay for the car with my money. I won't pay for the fun with my body. Their friends wicked and their logic shoddy, ain't gonna pay for the oil with my body.
[01:03:59.600 --> 01:04:19.600]  Alright folks, we are back. Rule of Law Radio, calling number 512-646-1984. It is February 14th, Valentine's Day and the reason I am here all alone is so that the Valentine's couple, Deborah and Jerry, could go out and have a little Valentine's celebration.
[01:04:19.600 --> 01:04:37.600]  So I'm happy to be here and able to take care of this and thanks to Aaron for sitting in the background and screening all the phone calls that are coming in. Appreciate him because I'm quite sure he's got somebody he would rather be talking to rather than me at this point, but I appreciate his ability to help.
[01:04:37.600 --> 01:04:47.600]  In the meantime, let's get back to Ernest and see if we can help him liven his situation up that he's got going on with a speeding ticket. Alright Ernest, let's continue.
[01:04:47.600 --> 01:04:58.600]  Okay, so basically they requested a continuance and then so I went ahead and I found out that I could put in a motion for discovery so I could get some information, right?
[01:04:58.600 --> 01:04:59.600]  Right.
[01:04:59.600 --> 01:05:07.600]  So I put in a motion for discovery to ask for radar records and so forth.
[01:05:07.600 --> 01:05:24.600]  Don't even bother with that. Don't bother with that. That is not the issue in a speeding case. Never argue how fast you were going. That's pointless. The law does not require that you stipulate how fast you were going.
[01:05:24.600 --> 01:05:35.600]  That's not what the offense deals with. The offense deals with whether or not you managed to do harm because of the speed you were traveling.
[01:05:35.600 --> 01:06:01.600]  Okay. So what you really want to know is you want to make a set of interrogatories for the officer. Did I cause an accident? Did I cause someone else to have an accident? Did I myself have an accident? Did I damage any property? Did I cause anyone else to damage any property?
[01:06:01.600 --> 01:06:18.600]  Was, you know, how do you determine that I failed to take into account all existing and possible obstacles to the roadway unless I did cause one of these things?
[01:06:18.600 --> 01:06:34.600]  And that's right there in 545.351 Subsection A. Then it's broken down into separate detail in 545.351 Subsection B.
[01:06:34.600 --> 01:06:56.600]  Now they're going to tell you they're charging you with speeding under 545.352, but that just tells you what the prima facie speed limits are. But that section tells you that they must show the relevant criteria of 545.351 by referencing it.
[01:06:56.600 --> 01:07:21.600]  Subsection B. Okay. Now what the law does say is that if you travel faster than the posted speed limit, that is a prima facie case that the speed was unlawful, which just means at first impression, because you were doing 70 in a 65, the prima facie facts are that was unsafe.
[01:07:21.600 --> 01:07:39.600]  Therefore it was unlawful. However, the moment you show no accident, no property damage, no nothing, no loss of control, so on and so forth, then you have defeated the prima facie evidence with actual factual evidence.
[01:07:39.600 --> 01:07:48.600]  And the factual evidence will supersede the prima facie evidence any day of the week.
[01:07:48.600 --> 01:07:53.600]  So all I have to do is tell them that there was no damage.
[01:07:53.600 --> 01:07:59.600]  You get them to tell the jury. Okay. Where do you live at, by the way, Ernest, in Texas?
[01:07:59.600 --> 01:08:01.600]  In Corpus.
[01:08:01.600 --> 01:08:17.600]  You're in Corpus. Well, that's a little far for you to come to a Saturday seminar, but if you will send me an email, I will send you a list of questions that you asked the cop on the stand regarding speeding citations.
[01:08:17.600 --> 01:08:27.600]  Okay? Okay. And it will go into great detail about how you lay the foundation to introduce the statute and make the cop out for the idiot that he is.
[01:08:27.600 --> 01:08:38.600]  Okay. Because if he charged you with a speeding without going into the other conditions, he was setting himself up for a fall the moment he hauled you into court.
[01:08:38.600 --> 01:08:44.600]  Now the other thing you want to make certain of is who signed the criminal complaint.
[01:08:44.600 --> 01:08:49.600]  Is it the officer's signature that's on the criminal complaint or have you even seen that?
[01:08:49.600 --> 01:08:51.600]  No, I haven't seen that.
[01:08:51.600 --> 01:08:59.600]  Why haven't you seen that? You have a right to see that. As far as you know, you're being charged with murder until you see that complaint.
[01:08:59.600 --> 01:09:01.600]  And that's a criminal complaint?
[01:09:01.600 --> 01:09:06.600]  That's correct. Is this a municipal or justice court?
[01:09:06.600 --> 01:09:08.600]  It's a municipal.
[01:09:08.600 --> 01:09:20.600]  Okay. The other thing they will not have that the law requires them to have is a proper charging instrument, meeting and information, which the city attorney cannot sign.
[01:09:20.600 --> 01:09:22.600]  Okay.
[01:09:22.600 --> 01:09:31.600]  So if you don't have the seminar material, I'm going to highly recommend you get your hands on that because all the legal paperwork we're talking about is already prewritten in that.
[01:09:31.600 --> 01:09:37.600]  And it's all ready for you to just change the information that relates to you and get it filed.
[01:09:37.600 --> 01:09:40.600]  Okay. Where can I get that from?
[01:09:40.600 --> 01:09:43.600]  You can either order it from the Rule of Law website.
[01:09:43.600 --> 01:09:45.600]  You can order it offline from me.
[01:09:45.600 --> 01:09:49.600]  Or if you were in Austin, you can go down and pick it up from Harlan at Brave New Books.
[01:09:49.600 --> 01:09:52.600]  Okay.
[01:09:52.600 --> 01:09:57.600]  So what email address do you want me to email you at?
[01:09:57.600 --> 01:10:04.600]  Eddie, E-D-D-I-E, at ruleoflawradio.com.
[01:10:04.600 --> 01:10:08.600]  Okay.
[01:10:08.600 --> 01:10:13.600]  But if you'll send me that, I will send you back a list of the questions you can use against the cop in court.
[01:10:13.600 --> 01:10:14.600]  Okay.
[01:10:14.600 --> 01:10:17.600]  And I have another question real quick.
[01:10:17.600 --> 01:10:36.600]  One of the judges that's on the – one of the judges that's – I guess he's real known there for actually being towards the state more than the people.
[01:10:36.600 --> 01:10:45.600]  And he's very – a lot of people don't like to get him because they feel – I mean, I've heard so many people say, I knew I was going to lose the second I walked in and saw him in there.
[01:10:45.600 --> 01:10:51.600]  And it's pretty much a guarantee when you walk in that he is probably going to side with the state.
[01:10:51.600 --> 01:10:52.600]  And so –
[01:10:52.600 --> 01:10:54.600]  Well, he doesn't get to side with anybody.
[01:10:54.600 --> 01:11:00.600]  He's supposed to remain impartial, which is why you demand a court of record.
[01:11:00.600 --> 01:11:07.600]  That's why when you walk in and it is a court of record, you demand that every bit of the proceeding be on the record.
[01:11:07.600 --> 01:11:16.600]  If it is not a court of record, you take witnesses and hopefully you will take a pocket digital recorder with you.
[01:11:16.600 --> 01:11:17.600]  Okay.
[01:11:17.600 --> 01:11:19.600]  But the judge is not allowed to take sides.
[01:11:19.600 --> 01:11:25.600]  And if he's doing things that indicates that he is, you need to be judicially conduct complaining him.
[01:11:25.600 --> 01:11:32.600]  And if he is also a bar card carrying attorney, you file bar grievances against him as well.
[01:11:32.600 --> 01:11:36.600]  So they shouldn't have a problem with me taking my own recorder and putting it right there?
[01:11:36.600 --> 01:11:38.600]  I didn't say that, did I?
[01:11:38.600 --> 01:11:39.600]  No.
[01:11:39.600 --> 01:11:41.600]  I didn't say go in there and tell them you're recording.
[01:11:41.600 --> 01:11:43.600]  Don't do that.
[01:11:43.600 --> 01:11:44.600]  Okay.
[01:11:44.600 --> 01:11:47.600]  Turn it on before you ever go in the courthouse.
[01:11:47.600 --> 01:11:49.600]  Keep it in your pocket.
[01:11:49.600 --> 01:11:53.600]  Take it in there and record it.
[01:11:53.600 --> 01:11:55.600]  Okay.
[01:11:55.600 --> 01:11:56.600]  Okay.
[01:11:56.600 --> 01:11:59.600]  I'll definitely do that.
[01:11:59.600 --> 01:12:09.600]  Now, if at all possible, take witnesses, okay, and make sure they pay attention to what's going on and who's doing what.
[01:12:09.600 --> 01:12:10.600]  Okay.
[01:12:10.600 --> 01:12:19.600]  But the first words out of your mouth is I move the court that all proceedings be upon the record.
[01:12:19.600 --> 01:12:25.600]  And if there is no record in this court, they should tell you this is not a court of record.
[01:12:25.600 --> 01:12:37.600]  Then I move the court, move the venue of the case to a court of record so that we save the people some money by prosecuting this case twice.
[01:12:37.600 --> 01:12:45.600]  Because if the state wins, I will be filing for a trial de novo anyway.
[01:12:45.600 --> 01:12:49.600]  Okay.
[01:12:49.600 --> 01:12:50.600]  Okay, Austin.
[01:12:50.600 --> 01:12:59.600]  I was just kind of concerned though because I have heard so much, you know, about this particular judge and how a lot of people have, you know, felt.
[01:12:59.600 --> 01:13:05.600]  Well, best way to get these judges is to document what they're doing and use it against them later.
[01:13:05.600 --> 01:13:06.600]  Okay.
[01:13:06.600 --> 01:13:14.600]  That's what we're setting them up for here in Austin, and that's what we're going to get because they're accommodating us quite nicely.
[01:13:14.600 --> 01:13:15.600]  Okay.
[01:13:15.600 --> 01:13:25.600]  And the motion or the, yeah, the motion to dismiss for a speedy trial, does that count against or does it count for a speeding ticket?
[01:13:25.600 --> 01:13:26.600]  It counts for anything.
[01:13:26.600 --> 01:13:29.600]  You have the right to a speedy trial.
[01:13:29.600 --> 01:13:30.600]  Okay.
[01:13:30.600 --> 01:13:31.600]  When did you get the ticket?
[01:13:31.600 --> 01:13:36.600]  This citation was actually given to me in September of 2009.
[01:13:36.600 --> 01:13:42.600]  And you definitely need to see the complaint.
[01:13:42.600 --> 01:13:45.600]  You need to know when the complaint was filed.
[01:13:45.600 --> 01:13:47.600]  They have up to two years to file it.
[01:13:47.600 --> 01:13:57.600]  But if that complaint was filed back in that same timeframe and nothing was ever done, then you move for dismissal for a failure to provide a speedy trial.
[01:13:57.600 --> 01:13:58.600]  Okay.
[01:13:58.600 --> 01:14:07.600]  Well, I had also, and I had motioned a dismissal for that, you know, for failure to provide a speedy trial.
[01:14:07.600 --> 01:14:14.600]  But you're not going to get that unless you know when the complaint was filed and you just said you didn't know because you haven't seen it.
[01:14:14.600 --> 01:14:15.600]  Okay.
[01:14:15.600 --> 01:14:16.600]  Yeah, no, I don't know.
[01:14:16.600 --> 01:14:18.600]  The complaint was filed a week ago.
[01:14:18.600 --> 01:14:22.600]  That's when your speedy trial clock started.
[01:14:22.600 --> 01:14:27.600]  If it was filed in that September, that's when your speedy trial clock started.
[01:14:27.600 --> 01:14:28.600]  I got you.
[01:14:28.600 --> 01:14:29.600]  I got you.
[01:14:29.600 --> 01:14:31.600]  You need to know.
[01:14:31.600 --> 01:14:32.600]  Okay.
[01:14:32.600 --> 01:14:35.600]  And how do you get your hands on a file record like that?
[01:14:35.600 --> 01:14:42.600]  Go to the clerk of the court and say, I want a copy of everything that's in the court record and in the computer related to this case.
[01:14:42.600 --> 01:14:45.600]  Okay.
[01:14:45.600 --> 01:14:47.600]  All right.
[01:14:47.600 --> 01:14:48.600]  Okay, awesome.
[01:14:48.600 --> 01:15:00.600]  Yeah, I just had a few questions in my head yet because it got denied for a speedy trial and so that's why I was calling because I don't know why.
[01:15:00.600 --> 01:15:03.600]  You know, like I didn't know about the criminal record thing that I was supposed to request that.
[01:15:03.600 --> 01:15:13.600]  So I have no clue when it was filed or if it was even filed or who even signed it like you said.
[01:15:13.600 --> 01:15:16.600]  Well, you need a copy of it to see who signed it.
[01:15:16.600 --> 01:15:22.600]  If anyone other than the cop signed it, you need to be calling in again and emailing me a copy of that.
[01:15:22.600 --> 01:15:25.600]  Make sure to scan it in and send it to me.
[01:15:25.600 --> 01:15:27.600]  Okay.
[01:15:27.600 --> 01:15:28.600]  Okay, for sure.
[01:15:28.600 --> 01:15:29.600]  All right.
[01:15:29.600 --> 01:15:36.600]  I'll go ahead and request those records then that way I can look at it and make sure that it was him that signed it and not somebody else.
[01:15:36.600 --> 01:15:37.600]  Okay.
[01:15:37.600 --> 01:15:39.600]  Well, just make sure that you send me an email.
[01:15:39.600 --> 01:15:49.600]  And for all you folks out there in Texas that are listening, if you guys want to get together and start working as a group, send me an email and let me know.
[01:15:49.600 --> 01:15:57.600]  I will be happy to play Matchmaker and put all you folks together in Texas or the other states if I can find folks in your state
[01:15:57.600 --> 01:16:04.600]  where if you all want to start figuring out how this system works and how to work on it together, more power to you.
[01:16:04.600 --> 01:16:09.600]  It's better to have a group than to try to do this alone.
[01:16:09.600 --> 01:16:10.600]  Okay.
[01:16:10.600 --> 01:16:12.600]  So send me an email.
[01:16:12.600 --> 01:16:13.600]  Let me know.
[01:16:13.600 --> 01:16:15.600]  All right, Ernest, anything else?
[01:16:15.600 --> 01:16:18.600]  We've got about 45 seconds to break.
[01:16:18.600 --> 01:16:19.600]  Oh, okay.
[01:16:19.600 --> 01:16:20.600]  No, no, I think that's it.
[01:16:20.600 --> 01:16:24.600]  Anything particular you want me to put in the subject on the email?
[01:16:24.600 --> 01:16:30.600]  Just tell me the issue of what we're dealing with and remind me of what I'm supposed to be sending back to you.
[01:16:30.600 --> 01:16:31.600]  Okay.
[01:16:31.600 --> 01:16:32.600]  Okay.
[01:16:32.600 --> 01:16:33.600]  Thank you very much.
[01:16:33.600 --> 01:16:34.600]  I appreciate it.
[01:16:34.600 --> 01:16:35.600]  All right.
[01:16:35.600 --> 01:16:36.600]  Thanks for calling in.
[01:16:36.600 --> 01:16:37.600]  Appreciate it.
[01:16:37.600 --> 01:16:38.600]  Thanks.
[01:16:38.600 --> 01:16:39.600]  All right.
[01:16:39.600 --> 01:16:40.600]  Wesley, Doug, we see you on the board.
[01:16:40.600 --> 01:16:41.600]  Please hang on.
[01:16:41.600 --> 01:16:42.600]  I'll pick you up on the other side of the break.
[01:16:42.600 --> 01:16:44.600]  This is Rule of Law Radio.
[01:16:44.600 --> 01:16:50.600]  Eddie Craig, Randy Kelton, Deborah Stevens, 512-646-1984 is the call-in number.
[01:16:50.600 --> 01:16:55.600]  If you've got a question or an issue, please give us a call, and we will be right back.
[01:16:55.600 --> 01:17:03.600]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:17:03.600 --> 01:17:08.600]  We specialize in showing people how to strike back against corrupt public officials.
[01:17:08.600 --> 01:17:14.600]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:17:14.600 --> 01:17:21.600]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.
[01:17:21.600 --> 01:17:32.600]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws
[01:17:32.600 --> 01:17:36.600]  to recover what the lenders have stolen through fraud and deception.
[01:17:36.600 --> 01:17:42.600]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:17:42.600 --> 01:17:47.600]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:17:47.600 --> 01:18:01.600]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:18:01.600 --> 01:18:07.600]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
[01:18:07.600 --> 01:18:09.600]  We also ship worldwide.
[01:18:09.600 --> 01:18:14.600]  We are a family-owned and operated business that offers competitive prices on your coin and metal purchases.
[01:18:14.600 --> 01:18:20.600]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious metals, and scrap gold.
[01:18:20.600 --> 01:18:22.600]  We purchase and sell gold and jewelry items.
[01:18:22.600 --> 01:18:25.600]  We offer daily specials on coins and bullion.
[01:18:25.600 --> 01:18:30.600]  We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmark,
[01:18:30.600 --> 01:18:34.600]  and we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:18:34.600 --> 01:18:42.600]  You are welcome to stop in our shop during regular business hours or call 512-646-6440 with any questions.
[01:18:42.600 --> 01:18:46.600]  Ask for Chad and say you heard about us on Google Law Radio or Texas Liberty Radio.
[01:18:46.600 --> 01:18:53.600]  That's Capital Coin and Bullion at the corner of Burnett and Shulmark, and we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:18:53.600 --> 01:18:58.600]  That's Capital Coin and Bullion 512-646-6440.
[01:18:58.600 --> 01:19:26.600]  All right, folks, we are back.
[01:19:26.600 --> 01:19:29.600]  This is Shul at Law Radio.
[01:19:29.600 --> 01:19:34.600]  512-646-1984 is the call-in number.
[01:19:34.600 --> 01:19:38.600]  Okay, if you got any traffic issues or anything of that nature, please give us a call.
[01:19:38.600 --> 01:19:42.600]  This is our Monday night show set up specifically for that purpose.
[01:19:42.600 --> 01:19:46.600]  Mortgage questions and things like that, I'm not going to be your guy.
[01:19:46.600 --> 01:19:51.600]  If you're calling in about that, please call back in on Thursday or Friday when Randy's on.
[01:19:51.600 --> 01:19:55.600]  I know just enough about that to be highly dangerous to anybody that's asking me,
[01:19:55.600 --> 01:19:58.600]  so don't put me in that spot.
[01:19:58.600 --> 01:20:00.600]  Okay, we have Wesley and Doug.
[01:20:00.600 --> 01:20:03.600]  Wesley, what can we do for you?
[01:20:03.600 --> 01:20:04.600]  Yes, sir.
[01:20:04.600 --> 01:20:08.600]  The reason I'm calling is because a few months ago before I actually found out about this show,
[01:20:08.600 --> 01:20:15.600]  I got a couple of speed tickets, and now I'm getting a letter on a surcharge notice.
[01:20:15.600 --> 01:20:17.600]  You've already been to court?
[01:20:17.600 --> 01:20:18.600]  I'm sorry?
[01:20:18.600 --> 01:20:20.600]  You've already been to court on the tickets?
[01:20:20.600 --> 01:20:25.600]  Yeah, I've already paid off everything.
[01:20:25.600 --> 01:20:28.600]  You lost, I'm assuming?
[01:20:28.600 --> 01:20:35.600]  Yeah, I just smelt in the payment, and that was that.
[01:20:35.600 --> 01:20:40.600]  Okay, well, welcome to the world of now what?
[01:20:40.600 --> 01:20:46.600]  The Texas legislature has made something that I don't believe is legal,
[01:20:46.600 --> 01:20:49.600]  but until it gets challenged, they're going to do it.
[01:20:49.600 --> 01:20:58.600]  They have created a legislative slash administrative fee that is outside of any fines
[01:20:58.600 --> 01:21:03.600]  and fees assessed by a jury in your trial.
[01:21:03.600 --> 01:21:06.600]  Now, here's the problem.
[01:21:06.600 --> 01:21:09.600]  I don't see how that's legal.
[01:21:09.600 --> 01:21:12.600]  If you're told that you're going to court to pay a particular fine,
[01:21:12.600 --> 01:21:15.600]  and you fight the case and wind up paying that particular fine,
[01:21:15.600 --> 01:21:19.600]  that's the end of it from a judicial standpoint.
[01:21:19.600 --> 01:21:25.600]  They don't get to come back later and tell you, oh, well, you've got to pay us extra now, too.
[01:21:25.600 --> 01:21:29.600]  That's what the legislature is attempting to do through the Department of Public Safety
[01:21:29.600 --> 01:21:36.600]  and the DOT or what may be in Texas, the DMV now, I don't know.
[01:21:36.600 --> 01:21:42.600]  But in any case, the only way you're going to get out of paying that
[01:21:42.600 --> 01:21:51.600]  after you've admitted guilt and sent in the ticket fine is to sue them over it.
[01:21:51.600 --> 01:21:54.600]  And if you went ahead and just sent in the ticket fine,
[01:21:54.600 --> 01:21:58.600]  I guarantee you you're not ready to sue them for it.
[01:21:58.600 --> 01:22:02.600]  Because if you were, you would have known not to send them the fine
[01:22:02.600 --> 01:22:05.600]  and tell them to put that ticket where the sun don't shine
[01:22:05.600 --> 01:22:08.600]  because I'll see your butt in court and I'm going to make you eat it.
[01:22:08.600 --> 01:22:12.600]  All right.
[01:22:12.600 --> 01:22:14.600]  Yes, I know what you've got.
[01:22:14.600 --> 01:22:16.600]  I understand your issue with it.
[01:22:16.600 --> 01:22:22.600]  But at the point you're at right now, I don't know that you would stand a chance of fighting it.
[01:22:22.600 --> 01:22:23.600]  Okay.
[01:22:23.600 --> 01:22:25.600]  Because basically you acquiesced.
[01:22:25.600 --> 01:22:29.600]  You gave them permission to charge you with it.
[01:22:29.600 --> 01:22:30.600]  Okay.
[01:22:30.600 --> 01:22:34.600]  Well, like I said, it was just before I found this show, so I didn't know there was a chance.
[01:22:34.600 --> 01:22:35.600]  I understand.
[01:22:35.600 --> 01:22:42.600]  Now, the other issue here is you can always go back and ask for your prior case to be overruled.
[01:22:42.600 --> 01:22:45.600]  But here's the problem.
[01:22:45.600 --> 01:22:54.600]  The courts have definitively banded together to determine that the moment you enter a plea and pay the fine,
[01:22:54.600 --> 01:22:57.600]  there is no going back.
[01:22:57.600 --> 01:23:00.600]  Okay.
[01:23:00.600 --> 01:23:03.600]  And that's the problem.
[01:23:03.600 --> 01:23:07.600]  It doesn't matter that they committed fraud to get your money.
[01:23:07.600 --> 01:23:14.600]  It doesn't matter that the case didn't have any relativity to you to begin with.
[01:23:14.600 --> 01:23:16.600]  None of that matters in the court's eyes.
[01:23:16.600 --> 01:23:17.600]  We got your money.
[01:23:17.600 --> 01:23:19.600]  We're keeping your money.
[01:23:19.600 --> 01:23:22.600]  And that's all there is to it.
[01:23:22.600 --> 01:23:23.600]  Okay.
[01:23:23.600 --> 01:23:24.600]  All right.
[01:23:24.600 --> 01:23:31.600]  So at this point, you can try challenging the surcharge and the way that it was brought to you.
[01:23:31.600 --> 01:23:33.600]  You can argue that I've already been to court.
[01:23:33.600 --> 01:23:36.600]  I paid the fine that I was told I was going to be charged with.
[01:23:36.600 --> 01:23:38.600]  That's all I'm paying.
[01:23:38.600 --> 01:23:41.600]  And I'll tell you what's going to happen following that.
[01:23:41.600 --> 01:23:45.600]  They're going to suspend your license when you don't pay it.
[01:23:45.600 --> 01:23:46.600]  Right.
[01:23:46.600 --> 01:23:48.600]  That's what this letter says.
[01:23:48.600 --> 01:23:49.600]  Yep.
[01:23:49.600 --> 01:23:55.600]  And when they do that, the next time you get stopped, they're going to charge you with something worse,
[01:23:55.600 --> 01:24:03.600]  driving while license invalid, which becomes a Class B misdemeanor in Texas, which can involve jail.
[01:24:03.600 --> 01:24:09.600]  Now, since you haven't found this show before, I'm going to give you a hint about traffic.
[01:24:09.600 --> 01:24:13.600]  You never pay the fine because it's almost never correct.
[01:24:13.600 --> 01:24:15.600]  You always fight the case.
[01:24:15.600 --> 01:24:19.600]  You always do it in front of a jury, never a bench trial.
[01:24:19.600 --> 01:24:27.600]  And you always try to make sure you know the facts of what you're being charged with before you admit you did anything
[01:24:27.600 --> 01:24:35.600]  because odds are they never did the right thing to get you into court to charge you to begin with,
[01:24:35.600 --> 01:24:40.600]  in which case the entire process is invalid.
[01:24:40.600 --> 01:24:46.600]  Now, I understand you didn't know that before now, but this is FYI, so you'll know it for the future.
[01:24:46.600 --> 01:24:47.600]  Okay.
[01:24:47.600 --> 01:24:51.600]  That's why I'm starting to listen to this show so I can figure all that out.
[01:24:51.600 --> 01:24:52.600]  All right.
[01:24:52.600 --> 01:24:56.600]  Well, we hope you'll keep listening, and I'm sorry, but I don't think at this point,
[01:24:56.600 --> 01:25:03.600]  other than you making the assertion that they can't lawfully charge you this because it amounts to a bill of attainder
[01:25:03.600 --> 01:25:06.600]  and see what that gets you.
[01:25:06.600 --> 01:25:12.600]  But until you're ready to make that argument based on law and case law,
[01:25:12.600 --> 01:25:18.600]  you're just going to delay it possibly for a while, but not by much if at all.
[01:25:18.600 --> 01:25:19.600]  Okay.
[01:25:19.600 --> 01:25:23.600]  So just suck it up for now and just be on my way and keep learning.
[01:25:23.600 --> 01:25:25.600]  That's about all you can do.
[01:25:25.600 --> 01:25:29.600]  Hopefully when I get to address the legislature, should I manage to have time to get this stuff done,
[01:25:29.600 --> 01:25:36.600]  this is one of the issues we can get in front of them to show exactly where they're screwing over the rights of the people of this state.
[01:25:36.600 --> 01:25:43.600]  There's no question what they're doing is unconstitutional, but we just don't have the people standing behind it
[01:25:43.600 --> 01:25:46.600]  to make it a thing they have to deal with.
[01:25:46.600 --> 01:25:47.600]  All right.
[01:25:47.600 --> 01:25:50.600]  Well, I appreciate your time.
[01:25:50.600 --> 01:25:51.600]  Yes, sir.
[01:25:51.600 --> 01:25:53.600]  Sorry it couldn't be a better answer for you.
[01:25:53.600 --> 01:25:54.600]  That's all right.
[01:25:54.600 --> 01:25:57.600]  I'll fight the good fight later on.
[01:25:57.600 --> 01:25:58.600]  All right, Wesley.
[01:25:58.600 --> 01:25:59.600]  Thanks for calling in.
[01:25:59.600 --> 01:26:00.600]  Appreciate it.
[01:26:00.600 --> 01:26:01.600]  All right.
[01:26:01.600 --> 01:26:02.600]  Thank you.
[01:26:02.600 --> 01:26:03.600]  Bye-bye.
[01:26:03.600 --> 01:26:04.600]  Thank you.
[01:26:04.600 --> 01:26:05.600]  Bye-bye.
[01:26:05.600 --> 01:26:07.600]  Doug, what can we do for you?
[01:26:07.600 --> 01:26:09.600]  Can you hear me okay, Eddie?
[01:26:09.600 --> 01:26:11.600]  I can hear you just fine.
[01:26:11.600 --> 01:26:13.600]  Thank you for all you do.
[01:26:13.600 --> 01:26:17.600]  I have learned so much from all you guys at Royal Hall Radio, especially you, Eddie.
[01:26:17.600 --> 01:26:20.600]  May the good Lord take a liking to you.
[01:26:20.600 --> 01:26:22.600]  I'm hoping that myself.
[01:26:22.600 --> 01:26:26.600]  So far he's not raining on my parade, so I'm hoping that's a good sign.
[01:26:26.600 --> 01:26:28.600]  Keep the faith.
[01:26:28.600 --> 01:26:33.600]  Number one, is there a way to verify that the bar agreements you've submitted against the attorney
[01:26:33.600 --> 01:26:37.600]  will be turned into their errors in the business insurance?
[01:26:37.600 --> 01:26:42.600]  We want to make sure that they get full credit for all they do.
[01:26:42.600 --> 01:26:47.600]  Technically speaking, it depends upon the rules for submitting those grievances in your state.
[01:26:47.600 --> 01:26:52.600]  The likely answer is, considering that they're all joined together at the brain,
[01:26:52.600 --> 01:26:57.600]  as far as the bar association goes at the national level,
[01:26:57.600 --> 01:27:02.600]  I'm willing to bet the rules are the same everywhere, and the answer is no.
[01:27:02.600 --> 01:27:06.600]  Because once the grievance is filed, it's declared secret.
[01:27:06.600 --> 01:27:11.600]  They're not allowed to bring it up and discuss it, nor are you to a degree.
[01:27:11.600 --> 01:27:17.600]  However, I am working on getting a website set up for this specific purpose.
[01:27:17.600 --> 01:27:24.600]  The domains, when I get them completed and set up, will be judicialconductcentral.com
[01:27:24.600 --> 01:27:28.600]  and bargrievanccentral.com.
[01:27:28.600 --> 01:27:33.600]  And what we will do is we will be a clearinghouse for people from every state
[01:27:33.600 --> 01:27:38.600]  to come to the website and file their judicial conduct complaint or bar grievance
[01:27:38.600 --> 01:27:43.600]  against their individual judge or attorney or whatever in their area.
[01:27:43.600 --> 01:27:48.600]  The website will allow you to print out a copy of it so that you can mail it in,
[01:27:48.600 --> 01:27:52.600]  but it will store your copy in a database so that we can track.
[01:27:52.600 --> 01:27:56.600]  Now, it won't store the individual's information as far as who submits it,
[01:27:56.600 --> 01:28:03.600]  but it will store the information on the judge or the attorney that's complained about.
[01:28:03.600 --> 01:28:06.600]  Now, eventually, you're going to be able to come up there
[01:28:06.600 --> 01:28:10.600]  and find out how many bar grievances have been filed over what period of time
[01:28:10.600 --> 01:28:14.600]  against any attorney that's been put in that system.
[01:28:14.600 --> 01:28:17.600]  Because everybody, if they will use it, it will track it.
[01:28:17.600 --> 01:28:23.600]  We will be able to tell who's been bargrieved how and why and what the issues were.
[01:28:23.600 --> 01:28:28.600]  I would also highly recommend that you find out who covers the insurance
[01:28:28.600 --> 01:28:30.600]  for the attorneys in a given area.
[01:28:30.600 --> 01:28:32.600]  And once you file that bar grievance,
[01:28:32.600 --> 01:28:36.600]  I will send a copy of it directly to their insurance company.
[01:28:36.600 --> 01:28:37.600]  That's a good answer.
[01:28:37.600 --> 01:28:38.600]  Thank you for that, Ed.
[01:28:38.600 --> 01:28:39.600]  Yes, sir.
[01:28:39.600 --> 01:28:47.600]  Number two, I received eight municipal civil citations for alleged ordinance violations.
[01:28:47.600 --> 01:28:53.600]  But I studied their scheme and busted them on their scheme, and I refused to sign
[01:28:53.600 --> 01:29:00.600]  or accept their tickets because they did not follow due process.
[01:29:00.600 --> 01:29:05.600]  I could not get them to arrest me nor take me before the judge,
[01:29:05.600 --> 01:29:09.600]  claiming that these civil ordinance violations were civil offenses
[01:29:09.600 --> 01:29:11.600]  and not arrestable offenses.
[01:29:11.600 --> 01:29:14.600]  You see, they only have a state criminal magistrate.
[01:29:14.600 --> 01:29:16.600]  They don't have a city judge.
[01:29:16.600 --> 01:29:22.600]  So when I went to court, they had no choice but to dismiss all these citations.
[01:29:22.600 --> 01:29:27.600]  I never agreed to appear and only showed before the judge under duress.
[01:29:27.600 --> 01:29:31.600]  I did file a motion before court to have it all on the record.
[01:29:31.600 --> 01:29:42.600]  My question is, can I file a criminal suit against the issuance that gave me these tickets?
[01:29:42.600 --> 01:29:46.600]  Okay, hang on, Doug. I can't hear you over the music to get that,
[01:29:46.600 --> 01:29:49.600]  but if you'll hang on a second, I'll get that question on the other side of the break.
[01:29:49.600 --> 01:29:54.600]  All right, folks, this is Rule of Law Radio 512-646-1984.
[01:29:54.600 --> 01:29:55.600]  We've got a half an hour left.
[01:29:55.600 --> 01:29:56.600]  Give us a call.
[01:29:56.600 --> 01:29:59.600]  We'll be right back after this break.
[01:29:59.600 --> 01:30:03.600]  Top ten reasons to question the official story of the Oklahoma City bombing.
[01:30:03.600 --> 01:30:05.600]  Number nine, the extra leg.
[01:30:05.600 --> 01:30:08.600]  Former Oklahoma State medical examiner Dr. Fred Jordan had stated,
[01:30:08.600 --> 01:30:12.600]  we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.600 --> 01:30:15.600]  Chief pathologist for Northern Ireland T.K. Marshall,
[01:30:15.600 --> 01:30:18.600]  who performed over 2,500 autopsies in his time, stated,
[01:30:18.600 --> 01:30:20.600]  there's never been an unknown victim.
[01:30:20.600 --> 01:30:22.600]  This leg belonged to a perpetrator close enough to the bomb
[01:30:22.600 --> 01:30:26.600]  for his body to be damaged, leaving only a left leg behind.
[01:30:26.600 --> 01:30:27.600]  Who was this person?
[01:30:27.600 --> 01:30:33.600]  Please go to okcbombingtruth.com.
[01:30:33.600 --> 01:30:36.600]  Do you like people looking over your shoulder while you surf the net?
[01:30:36.600 --> 01:30:40.600]  Probably not, but that could be happening if you're not using a proxy.
[01:30:40.600 --> 01:30:41.600]  I'm Dr. Catherine Albert,
[01:30:41.600 --> 01:30:46.600]  and I'll be back with an easy, privacy-friendly proxy tip in just a moment.
[01:30:46.600 --> 01:30:48.600]  Privacy is under attack.
[01:30:48.600 --> 01:30:52.600]  When you give up data about yourself, you'll never get it back again.
[01:30:52.600 --> 01:30:56.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:56.600 --> 01:31:02.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:02.600 --> 01:31:04.600]  Privacy, it's worth hanging on to.
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[01:32:23.600 --> 01:32:46.600]  All right, folks, we are back.
[01:32:46.600 --> 01:32:52.600]  Rule of Law Radio 512-646-1984 is the call-in number.
[01:32:52.600 --> 01:32:54.600]  It is Monday night, our traffic night.
[01:32:54.600 --> 01:32:56.600]  Right now, we have several callers on the board.
[01:32:56.600 --> 01:32:59.600]  We're going to be finishing up with Doug in Tennessee,
[01:32:59.600 --> 01:33:01.600]  then we'll be going to Roy in Texas,
[01:33:01.600 --> 01:33:03.600]  and we have another one that hasn't been screened yet,
[01:33:03.600 --> 01:33:05.600]  but Aaron will get to that momentarily.
[01:33:05.600 --> 01:33:07.600]  All right, Doug, please continue.
[01:33:07.600 --> 01:33:10.600]  What was the question you were going to ask before we went to break?
[01:33:10.600 --> 01:33:11.600]  Yes, sir.
[01:33:11.600 --> 01:33:18.600]  My question was, can I file civil or criminal suit against the issuing agents
[01:33:18.600 --> 01:33:20.600]  that gave me this ticket for a violation?
[01:33:20.600 --> 01:33:22.600]  Did they come on your property?
[01:33:22.600 --> 01:33:23.600]  No, sir.
[01:33:23.600 --> 01:33:25.600]  They didn't?
[01:33:25.600 --> 01:33:26.600]  No, sir.
[01:33:26.600 --> 01:33:28.600]  Where did they issue the tickets to you?
[01:33:28.600 --> 01:33:30.600]  Public Street.
[01:33:30.600 --> 01:33:32.600]  Public Street.
[01:33:32.600 --> 01:33:38.600]  What was the issue over which the citations were issued?
[01:33:38.600 --> 01:33:47.600]  It was commercial ordinance violations for taxicab.
[01:33:47.600 --> 01:33:53.600]  Actually, I'm a sedan service, and they're trying to run a monopoly here in my town
[01:33:53.600 --> 01:33:59.600]  and shut down the local sedan services.
[01:33:59.600 --> 01:34:04.600]  So they use their taxi ordinance to do it.
[01:34:04.600 --> 01:34:08.600]  But does the taxi ordinance apply to the sedan service?
[01:34:08.600 --> 01:34:10.600]  No, sir.
[01:34:10.600 --> 01:34:15.600]  Ah, and you can sue them for malicious prosecution
[01:34:15.600 --> 01:34:19.600]  or whatever the equivalent is there in Tennessee.
[01:34:19.600 --> 01:34:24.600]  And I would also just throw in fraud just for grins.
[01:34:24.600 --> 01:34:25.600]  Yes, sir.
[01:34:25.600 --> 01:34:26.600]  Okay.
[01:34:26.600 --> 01:34:28.600]  My last question, I'll be quick.
[01:34:28.600 --> 01:34:35.600]  I presented some complaints against a city employee for a grand jury, and they dismissed.
[01:34:35.600 --> 01:34:41.600]  Later I discovered that the grand jury foreman was an associate city board member.
[01:34:41.600 --> 01:34:43.600]  Isn't that a conflict of interest?
[01:34:43.600 --> 01:34:45.600]  How can I expose this better yet?
[01:34:45.600 --> 01:34:48.600]  How can I prosecute him on this?
[01:34:48.600 --> 01:34:54.600]  And you show that he did not recuse himself from any vote required to do that?
[01:34:54.600 --> 01:34:58.600]  Well, you know, when you go in, you talk to them, and then you go out,
[01:34:58.600 --> 01:35:00.600]  and they deliberate in secret.
[01:35:00.600 --> 01:35:08.600]  So I can't say that, but actually he informed me, I guess, of their dismissal by his own,
[01:35:08.600 --> 01:35:13.600]  you know, he signed the letter, so I'd say that he would probably...
[01:35:13.600 --> 01:35:17.600]  Okay, so then I would say he did not recuse himself in that case.
[01:35:17.600 --> 01:35:18.600]  Yes, sir.
[01:35:18.600 --> 01:35:19.600]  Okay.
[01:35:19.600 --> 01:35:26.600]  You can press charges against him for whatever would be the equivalent of shielding from prosecution.
[01:35:26.600 --> 01:35:28.600]  Very well.
[01:35:28.600 --> 01:35:29.600]  Okay.
[01:35:29.600 --> 01:35:33.600]  In Texas, that's 38.05, or penal code.
[01:35:33.600 --> 01:35:37.600]  I don't know what it would be in Tennessee, but there may be a similar statute.
[01:35:37.600 --> 01:35:40.600]  Say that code again, because I'll just reference that here in Tennessee.
[01:35:40.600 --> 01:35:44.600]  In Texas, it's 38.05, penal code.
[01:35:44.600 --> 01:35:49.600]  I'll look that up in Texas code and then see if I can find a similar code here in Tennessee.
[01:35:49.600 --> 01:35:50.600]  Okay.
[01:35:50.600 --> 01:35:51.600]  Thanks, Eddie.
[01:35:51.600 --> 01:35:52.600]  Thank you very much, guys.
[01:35:52.600 --> 01:35:54.600]  You all do good work.
[01:35:54.600 --> 01:35:55.600]  Well, thank you, Doug.
[01:35:55.600 --> 01:35:56.600]  Appreciate it.
[01:35:56.600 --> 01:35:57.600]  Thanks for calling in.
[01:35:57.600 --> 01:35:58.600]  Yes, sir.
[01:35:58.600 --> 01:35:59.600]  Goodbye.
[01:35:59.600 --> 01:36:00.600]  Bye-bye.
[01:36:00.600 --> 01:36:02.600]  Okay, Roy in Texas.
[01:36:02.600 --> 01:36:04.600]  Roy, what can we do for you?
[01:36:04.600 --> 01:36:07.600]  Hi, Eddie.
[01:36:07.600 --> 01:36:12.600]  I am currently helping the young lady by the ticket she got in Clyde.
[01:36:12.600 --> 01:36:17.600]  We already got the court of records, and we're already in the voting page,
[01:36:17.600 --> 01:36:20.600]  criminal complaints that you have in your seminar.
[01:36:20.600 --> 01:36:25.600]  So they have set a pre-trial hearing from March the 3rd.
[01:36:25.600 --> 01:36:30.600]  So I want to make sure that I get all the ammunition I'm going to need for this hearing.
[01:36:30.600 --> 01:36:35.600]  Now, the county or the city is less than 150,000 people.
[01:36:35.600 --> 01:36:37.600]  So I know I'm going to have that ready.
[01:36:37.600 --> 01:36:39.600]  What else do you suggest?
[01:36:39.600 --> 01:36:40.600]  Okay.
[01:36:40.600 --> 01:36:44.600]  First thing is municipal court, municipal ticket, right?
[01:36:44.600 --> 01:36:47.600]  No, it was a DPS ticket, but it is a municipal court.
[01:36:47.600 --> 01:36:51.600]  DPS ticket, even better.
[01:36:51.600 --> 01:36:52.600]  Okay.
[01:36:52.600 --> 01:36:55.600]  What exactly was the motion you filed?
[01:36:55.600 --> 01:37:02.600]  In your seminar paperwork, you have like a 13-page criminal complaint for assault with a deadly weapon,
[01:37:02.600 --> 01:37:09.600]  aggravated kidnapping, subject matter for the court.
[01:37:09.600 --> 01:37:12.600]  You know what I'm talking about?
[01:37:12.600 --> 01:37:15.600]  I don't have a multi-page criminal complaint.
[01:37:15.600 --> 01:37:20.600]  I've got each of my complaints are individual single-page criminal complaints.
[01:37:20.600 --> 01:37:24.600]  Are you talking about a motion maybe or a brief?
[01:37:24.600 --> 01:37:27.600]  There's a motion to dismiss.
[01:37:27.600 --> 01:37:29.600]  It's a 13-page.
[01:37:29.600 --> 01:37:31.600]  It's actually 12 pages with a cover,
[01:37:31.600 --> 01:37:39.600]  but it's the one that has the criminal complaint on the police officer for assault with a deadly weapon
[01:37:39.600 --> 01:37:44.600]  just because they stopped the car and broke the car.
[01:37:44.600 --> 01:37:45.600]  I can't remember what it was.
[01:37:45.600 --> 01:37:46.600]  Okay.
[01:37:46.600 --> 01:37:50.600]  I need you to send me a copy of that because that does not sound like one of my specific motions.
[01:37:50.600 --> 01:37:52.600]  If it does, it's an old one.
[01:37:52.600 --> 01:37:53.600]  Okay.
[01:37:53.600 --> 01:37:57.600]  I need that before I could tell you because I don't recall doing that in that form in any of them,
[01:37:57.600 --> 01:38:01.600]  but hey, I've rewritten things a hundred times, so it's possible.
[01:38:01.600 --> 01:38:02.600]  Right.
[01:38:02.600 --> 01:38:03.600]  Okay.
[01:38:03.600 --> 01:38:05.600]  What was the actual charge?
[01:38:05.600 --> 01:38:07.600]  87 and a 70.
[01:38:07.600 --> 01:38:08.600]  Okay.
[01:38:08.600 --> 01:38:09.600]  So the charge is speeding.
[01:38:09.600 --> 01:38:10.600]  Correct.
[01:38:10.600 --> 01:38:11.600]  Okay.
[01:38:11.600 --> 01:38:15.600]  Then we have exactly the same issue as one of the first callers we had on tonight.
[01:38:15.600 --> 01:38:16.600]  Send me an email.
[01:38:16.600 --> 01:38:20.600]  I will send you the voir dire questions for the cop on the stand.
[01:38:20.600 --> 01:38:25.600]  You will also get into the specific statutes dealing with that.
[01:38:25.600 --> 01:38:28.600]  And what you're going to do is you're going to want to file some interrogatories,
[01:38:28.600 --> 01:38:35.600]  which is just legal terminology for hey, here's a bunch of questions I need you to answer.
[01:38:35.600 --> 01:38:36.600]  Okay.
[01:38:36.600 --> 01:38:37.600]  Is that true?
[01:38:37.600 --> 01:38:45.600]  And I need you to do it under oath as if you were sitting on the stand, and let's get it done.
[01:38:45.600 --> 01:38:50.600]  And you're going to basically ask them the same questions that are in the questionnaire
[01:38:50.600 --> 01:38:52.600]  you're going to voir dire them with on the stand.
[01:38:52.600 --> 01:38:53.600]  Okay.
[01:38:53.600 --> 01:39:04.600]  Because 545.352 must follow the criteria of 545.351 subsections A and B.
[01:39:04.600 --> 01:39:05.600]  Okay.
[01:39:05.600 --> 01:39:11.600]  When they cannot show that you did not violate the provisions of subsection B,
[01:39:11.600 --> 01:39:15.600]  they have no case for speeding and they know it.
[01:39:15.600 --> 01:39:17.600]  Okay.
[01:39:17.600 --> 01:39:22.600]  And this is what we're going to do to the prosecutor in the pre-trial hearing, right?
[01:39:22.600 --> 01:39:23.600]  No.
[01:39:23.600 --> 01:39:24.600]  You're going to file it with the court.
[01:39:24.600 --> 01:39:27.600]  You're just going to make sure the prosecutor gets a copy of it.
[01:39:27.600 --> 01:39:31.600]  Okay.
[01:39:31.600 --> 01:39:32.600]  Okay.
[01:39:32.600 --> 01:39:36.600]  Now, if you're that close, you said you were in Texas?
[01:39:36.600 --> 01:39:37.600]  It's Abilene.
[01:39:37.600 --> 01:39:38.600]  In the city was...
[01:39:38.600 --> 01:39:41.600]  Oh, okay, Abilene.
[01:39:41.600 --> 01:39:42.600]  All right.
[01:39:42.600 --> 01:39:44.600]  Well, like I say, just send me an e-mail.
[01:39:44.600 --> 01:39:46.600]  I'll send this information to you and we'll go from there.
[01:39:46.600 --> 01:39:51.600]  And please send me a copy of whatever motion it was you filed so I can take a look at this.
[01:39:51.600 --> 01:39:52.600]  Okay.
[01:39:52.600 --> 01:39:55.600]  Because what I'm talking about does not ring any bells or memory for me.
[01:39:55.600 --> 01:39:56.600]  Okay.
[01:39:56.600 --> 01:40:01.600]  I'll also send you a copy of the letter for a pre-trial hearing set for March 3rd.
[01:40:01.600 --> 01:40:02.600]  Okay.
[01:40:02.600 --> 01:40:05.600]  Now, remember, the pre-trial hearing, has she been to court at all for this?
[01:40:05.600 --> 01:40:06.600]  No, not at all.
[01:40:06.600 --> 01:40:09.600]  This is her initial appearance?
[01:40:09.600 --> 01:40:11.600]  Yes.
[01:40:11.600 --> 01:40:12.600]  Okay.
[01:40:12.600 --> 01:40:14.600]  Do you have the seminar material?
[01:40:14.600 --> 01:40:15.600]  Yeah, I got everything.
[01:40:15.600 --> 01:40:18.600]  Okay.
[01:40:18.600 --> 01:40:22.600]  And one of the things we're going to be doing is we're writing up a new motion,
[01:40:22.600 --> 01:40:27.600]  an affidavit, because they do not properly serve you to make that first appearance.
[01:40:27.600 --> 01:40:30.600]  I'm willing to bet the notice you send me does not comply with law.
[01:40:30.600 --> 01:40:32.600]  So we'll go after that too.
[01:40:32.600 --> 01:40:34.600]  Okay.
[01:40:34.600 --> 01:40:35.600]  All right.
[01:40:35.600 --> 01:40:36.600]  Sounds good.
[01:40:36.600 --> 01:40:38.600]  I'll email you this in the morning.
[01:40:38.600 --> 01:40:39.600]  All right, Roy.
[01:40:39.600 --> 01:40:40.600]  Thanks for calling in.
[01:40:40.600 --> 01:40:41.600]  Appreciate it.
[01:40:41.600 --> 01:40:42.600]  Bye.
[01:40:42.600 --> 01:40:43.600]  Bye.
[01:40:43.600 --> 01:40:44.600]  All right.
[01:40:44.600 --> 01:40:45.600]  Floyd in California.
[01:40:45.600 --> 01:40:46.600]  How are you doing, Floyd?
[01:40:46.600 --> 01:40:48.600]  How can we help you?
[01:40:48.600 --> 01:40:50.600]  Good, good, good.
[01:40:50.600 --> 01:40:52.600]  Glad to talk to you, Eddie.
[01:40:52.600 --> 01:40:53.600]  All right.
[01:40:53.600 --> 01:40:54.600]  Well, thanks.
[01:40:54.600 --> 01:41:00.600]  I got a piece of property, 10 acres up in the hills, and got a bunch of cars on it.
[01:41:00.600 --> 01:41:02.600]  It was on it when I bought the property.
[01:41:02.600 --> 01:41:05.600]  It was old cars, nothing real special.
[01:41:05.600 --> 01:41:08.600]  And they want me to move them off there.
[01:41:08.600 --> 01:41:10.600]  The sheriff wants me to move them.
[01:41:10.600 --> 01:41:14.600]  I guess a neighbor complained, and so they're telling me I've got to move them.
[01:41:14.600 --> 01:41:17.600]  Are you in a homeowners' association area?
[01:41:17.600 --> 01:41:19.600]  No, no.
[01:41:19.600 --> 01:41:20.600]  Okay.
[01:41:20.600 --> 01:41:22.600]  They're on private property.
[01:41:22.600 --> 01:41:25.600]  It's not a homeowners' association area.
[01:41:25.600 --> 01:41:29.600]  What is the sheriff's grounds for telling you you've got to move them?
[01:41:29.600 --> 01:41:32.600]  I don't know, some code enforcement thing or something like that.
[01:41:32.600 --> 01:41:34.600]  A neighbor complained, apparently.
[01:41:34.600 --> 01:41:35.600]  So what?
[01:41:35.600 --> 01:41:37.600]  The neighbor don't own your property.
[01:41:37.600 --> 01:41:40.600]  Oh, yeah, I'm aware of that.
[01:41:40.600 --> 01:41:44.600]  I would tell the sheriff I need a copy of this code you're allegedly telling me
[01:41:44.600 --> 01:41:48.600]  that gives you the authority to make me move anything on my own property.
[01:41:48.600 --> 01:41:50.600]  I want to see it.
[01:41:50.600 --> 01:41:52.600]  And then if I find out you're lying to me,
[01:41:52.600 --> 01:41:56.600]  you and I will be having a different discussion in front of a judge in court
[01:41:56.600 --> 01:41:58.600]  when I sue your ass and take your badge.
[01:41:58.600 --> 01:42:02.600]  Well, I'm sure they've got something because I know a lot of people are getting
[01:42:02.600 --> 01:42:05.600]  hassled the same thing, and they're moving their cars.
[01:42:05.600 --> 01:42:07.600]  That doesn't mean they have something.
[01:42:07.600 --> 01:42:11.600]  That means they're using intimidation and force to get what they want.
[01:42:11.600 --> 01:42:15.600]  That doesn't mean they have a legal leg to stand on to get it.
[01:42:15.600 --> 01:42:21.600]  And if no one's checking the law to see where they get this alleged authority,
[01:42:21.600 --> 01:42:27.600]  then people are doing it just to avoid the hassle, not because it's a requirement.
[01:42:27.600 --> 01:42:30.600]  Well, I kind of figured maybe it was something like that after hearing you talk
[01:42:30.600 --> 01:42:34.600]  on the show here for a while, so that's why I'm calling in.
[01:42:34.600 --> 01:42:38.600]  So far they haven't given me anything in writing,
[01:42:38.600 --> 01:42:40.600]  but I think they do have something in writing.
[01:42:40.600 --> 01:42:47.600]  It sounds like they're just trying to be nice to me by just giving it to me verbally.
[01:42:47.600 --> 01:42:52.600]  You're mistaking something in writing for something in law.
[01:42:52.600 --> 01:42:57.600]  You don't care what they give you, verbal or written, unless it's based upon a
[01:42:57.600 --> 01:43:02.600]  valid law that gives them some authority to do what they're doing.
[01:43:02.600 --> 01:43:06.600]  Without that law, they have no authority.
[01:43:06.600 --> 01:43:07.600]  They're a public servant.
[01:43:07.600 --> 01:43:12.600]  They do not get to make it up as they go along.
[01:43:12.600 --> 01:43:16.600]  So you're pretty sure there probably isn't anything in law that gives them the
[01:43:16.600 --> 01:43:19.600]  right to do that?
[01:43:19.600 --> 01:43:20.600]  Let me put it this way.
[01:43:20.600 --> 01:43:23.600]  There could be ten different things they're trying to use.
[01:43:23.600 --> 01:43:28.600]  The question is, does what they're trying to use grant them the authority under
[01:43:28.600 --> 01:43:36.600]  the specific circumstances to use that law, or does it even apply at all?
[01:43:36.600 --> 01:43:41.600]  Basically, if the law says if you own this many acres, you can't have these
[01:43:41.600 --> 01:43:46.600]  cars, but if you don't own that many acres or more than that many acres,
[01:43:46.600 --> 01:43:50.600]  that law wouldn't apply to you, would it?
[01:43:50.600 --> 01:43:51.600]  So hang on just a second.
[01:43:51.600 --> 01:43:52.600]  We'll finish that up on the other side.
[01:43:52.600 --> 01:43:54.600]  This is Rule of Law Radio.
[01:43:54.600 --> 01:44:17.600]  We will be right back.
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[01:46:00.600 --> 01:46:25.600]  All right, folks, we are back.
[01:46:25.600 --> 01:46:27.600]  This is Rule of Law Radio.
[01:46:27.600 --> 01:46:31.600]  We are currently talking with Floyd in California trying to figure out what's going on
[01:46:31.600 --> 01:46:36.600]  with this order to move vehicles off of his private property by the sheriff,
[01:46:36.600 --> 01:46:41.600]  and we're trying to figure out whether or not there's a law that allows them to get away with this.
[01:46:41.600 --> 01:46:44.600]  So, Floyd, that would be my first recommendation.
[01:46:44.600 --> 01:46:48.600]  Ask the sheriff to supply you with whatever alleged statute or ordinance
[01:46:48.600 --> 01:46:52.600]  they're attempting to use that says they have authority to commandeer
[01:46:52.600 --> 01:46:58.600]  or make you do something specific with your private property.
[01:46:58.600 --> 01:47:01.600]  Okay, that's a good place to start.
[01:47:01.600 --> 01:47:03.600]  I'll do that.
[01:47:03.600 --> 01:47:04.600]  Okay.
[01:47:04.600 --> 01:47:09.600]  Now, also remember, don't take what you read at face value.
[01:47:09.600 --> 01:47:12.600]  If they give you a statute or an ordinance,
[01:47:12.600 --> 01:47:17.600]  I guarantee you it's going to contain words that look very familiar to you.
[01:47:17.600 --> 01:47:25.600]  Do not make the fatal mistake of assuming you know those words are the same words you are familiar with.
[01:47:25.600 --> 01:47:34.600]  Words in common usage versus the same words used in law often and most often than not
[01:47:34.600 --> 01:47:40.600]  do not carry the same meaning as the common usage that you think you know.
[01:47:40.600 --> 01:47:48.600]  For example, person, property, motor vehicle, so on and so forth.
[01:47:48.600 --> 01:47:51.600]  Those terms mean one thing to the general public.
[01:47:51.600 --> 01:48:00.600]  They mean something completely different in law.
[01:48:00.600 --> 01:48:05.600]  Okay, so make very certain you look up everything in that statute they give you.
[01:48:05.600 --> 01:48:07.600]  Don't read just the statute.
[01:48:07.600 --> 01:48:10.600]  Read the chapter the statute comes from.
[01:48:10.600 --> 01:48:15.600]  Look for a list of definitions for that section that you're dealing with.
[01:48:15.600 --> 01:48:23.600]  It may be at the section level, chapter level, subchapter, title, or code level.
[01:48:23.600 --> 01:48:24.600]  You've got to find it.
[01:48:24.600 --> 01:48:29.600]  You want to know what every word in that thing means.
[01:48:29.600 --> 01:48:30.600]  All right.
[01:48:30.600 --> 01:48:38.600]  Okay, because until you do, I guarantee it's being misread and misapplied.
[01:48:38.600 --> 01:48:41.600]  Well, it doesn't seem like they should be able to for any reason
[01:48:41.600 --> 01:48:47.600]  unless it's causing some real harm to somebody else, but you know how these things go.
[01:48:47.600 --> 01:48:50.600]  Yes, I do, and I completely agree.
[01:48:50.600 --> 01:48:56.600]  And until someone can show that harm or they can show that there's a health reason
[01:48:56.600 --> 01:49:00.600]  or a safety reason that it would be done, that would be another matter as well.
[01:49:00.600 --> 01:49:05.600]  But if they can't do that, then I want to know why you think you have the authority
[01:49:05.600 --> 01:49:08.600]  to tell me what to do with my own property.
[01:49:08.600 --> 01:49:09.600]  Okay.
[01:49:09.600 --> 01:49:10.600]  Thank you a lot, Eddie.
[01:49:10.600 --> 01:49:11.600]  Yes, sir.
[01:49:11.600 --> 01:49:12.600]  Thank you for calling in.
[01:49:12.600 --> 01:49:13.600]  Appreciate it.
[01:49:13.600 --> 01:49:14.600]  All right.
[01:49:14.600 --> 01:49:15.600]  Bye.
[01:49:15.600 --> 01:49:16.600]  Okay.
[01:49:16.600 --> 01:49:17.600]  Bye-bye.
[01:49:17.600 --> 01:49:18.600]  Bye.
[01:49:18.600 --> 01:49:19.600]  All right, folks.
[01:49:19.600 --> 01:49:21.600]  That was it for the call board.
[01:49:21.600 --> 01:49:24.600]  You all left me hanging out here in the breeze now with about 10 minutes to go,
[01:49:24.600 --> 01:49:27.600]  so I guess I'm just going to keep talking until somebody else calls in.
[01:49:27.600 --> 01:49:30.600]  See, you asked for this punishment all on your own.
[01:49:30.600 --> 01:49:35.600]  Now, let's talk for a minute while we're waiting on somebody else to call in,
[01:49:35.600 --> 01:49:39.600]  should we get anyone, about some of the other things that we're going to be doing
[01:49:39.600 --> 01:49:40.600]  in the upcoming seminars.
[01:49:40.600 --> 01:49:44.600]  Or better yet, let me give you a little rundown on the projects that are in my hopper
[01:49:44.600 --> 01:49:48.600]  that I'm trying to get done so we can all live a better life in this regard
[01:49:48.600 --> 01:49:50.600]  if I can get support for it.
[01:49:50.600 --> 01:49:55.600]  But what we've got is I am currently working on legislation to get in front of the Texas
[01:49:55.600 --> 01:50:00.600]  legislature on several different bills, including revisions of the Code of Criminal
[01:50:00.600 --> 01:50:06.600]  Procedure, the Transportation Code, and some, an act that we call the Justice Act.
[01:50:06.600 --> 01:50:15.600]  And that one removes all public servants' immunity and leaves the question of
[01:50:15.600 --> 01:50:22.600]  immunity in the hands of a citizen's grand jury that is not under the prosecutor
[01:50:22.600 --> 01:50:25.600]  or the state's control.
[01:50:25.600 --> 01:50:30.600]  This allows for the creation and funding of a grand jury using public funds,
[01:50:30.600 --> 01:50:37.600]  but any citizen can bring the criminal complaint directly to that grand jury
[01:50:37.600 --> 01:50:39.600]  regarding a public servant.
[01:50:39.600 --> 01:50:44.600]  There's no more having to go through the protective barrier of law enforcement.
[01:50:44.600 --> 01:50:49.600]  The district attorney or the magistrates who don't want to rock the political boat
[01:50:49.600 --> 01:50:55.600]  that they must live in, we're going to try to circumvent that with the Justice Act.
[01:50:55.600 --> 01:50:59.600]  We're going to get the people involved in controlling the public servants
[01:50:59.600 --> 01:51:04.600]  and holding them accountable under the law, because if we don't,
[01:51:04.600 --> 01:51:08.600]  it's the same thing as letting the burglar decide whether or not he was actually
[01:51:08.600 --> 01:51:11.600]  committing a crime.
[01:51:11.600 --> 01:51:17.600]  I'm quite sure any crook in America would love the idea of come to me and ask me
[01:51:17.600 --> 01:51:21.600]  if what I was doing was wrong, and I'll tell you.
[01:51:21.600 --> 01:51:23.600]  That way we're both happy with the outcome.
[01:51:23.600 --> 01:51:28.600]  See, you get your questions answered, I get to stay out of jail and keep my
[01:51:28.600 --> 01:51:30.600]  ill-gotten gains.
[01:51:30.600 --> 01:51:32.600]  I've had enough of that myself.
[01:51:32.600 --> 01:51:36.600]  Hopefully there will be more people out there that will jump all over their
[01:51:36.600 --> 01:51:40.600]  representatives and make them understand they're sick of it, too.
[01:51:40.600 --> 01:51:43.600]  I'm going to get this act finished and hopefully get it in before they go out of
[01:51:43.600 --> 01:51:45.600]  session again.
[01:51:45.600 --> 01:51:51.600]  Along with these legislative enactments, I am trying to get a reorganization,
[01:51:51.600 --> 01:51:57.600]  an addition of material added to the original traffic seminar book.
[01:51:57.600 --> 01:52:02.600]  I am in the process of writing a second book, and this one is all about Texas due
[01:52:02.600 --> 01:52:04.600]  process in these cases.
[01:52:04.600 --> 01:52:10.600]  It outlines in great detail everything the law says they're supposed to do and
[01:52:10.600 --> 01:52:12.600]  every way they violate it.
[01:52:12.600 --> 01:52:17.600]  We go into great detail about how we attack what they're doing as a defense from
[01:52:17.600 --> 01:52:22.600]  prosecution in these other cases, because when they're not handling the case
[01:52:22.600 --> 01:52:25.600]  correctly, they have no grounds to get you in court.
[01:52:25.600 --> 01:52:29.600]  When they can't get you in court, there can't be a prosecution.
[01:52:29.600 --> 01:52:34.600]  And, folks, I'm telling you, it's one of the biggest problems we've got is our
[01:52:34.600 --> 01:52:39.600]  public servants don't know the law, won't read the law, and they most assuredly
[01:52:39.600 --> 01:52:42.600]  won't follow the law.
[01:52:42.600 --> 01:52:44.600]  So we've got to do something about that.
[01:52:44.600 --> 01:52:45.600]  It's up to us.
[01:52:45.600 --> 01:52:46.600]  All right.
[01:52:46.600 --> 01:52:48.600]  I see that Dominic in Texas called in.
[01:52:48.600 --> 01:52:50.600]  Dominic was at our seminar this weekend.
[01:52:50.600 --> 01:52:52.600]  Let's see what he's got going on.
[01:52:52.600 --> 01:52:53.600]  Hi, Dominic.
[01:52:53.600 --> 01:52:54.600]  What can we do for you?
[01:52:54.600 --> 01:53:00.600]  Hey, Eddie, I've been trying to find a blank form for the subpoena so I can
[01:53:00.600 --> 01:53:03.600]  subpoena the clerk.
[01:53:03.600 --> 01:53:07.600]  Is there one on the, I haven't been able to find one on the Web site.
[01:53:07.600 --> 01:53:14.600]  Texas Municipal Court has a subpoena template that they give out if you ask them
[01:53:14.600 --> 01:53:15.600]  for it.
[01:53:15.600 --> 01:53:16.600]  Okay.
[01:53:16.600 --> 01:53:19.600]  I've got one somewhere, I do believe.
[01:53:19.600 --> 01:53:22.600]  I'll see if I can find it, but I would still go ahead and call the Austin
[01:53:22.600 --> 01:53:24.600]  Municipal Court and ask them to send it to me.
[01:53:24.600 --> 01:53:25.600]  All right.
[01:53:25.600 --> 01:53:26.600]  That should be on their Web site also.
[01:53:26.600 --> 01:53:27.600]  Yeah.
[01:53:27.600 --> 01:53:30.600]  They'll either tell you where to get it off the Web site or they'll email you a
[01:53:30.600 --> 01:53:31.600]  copy.
[01:53:31.600 --> 01:53:32.600]  All right.
[01:53:32.600 --> 01:53:33.600]  That was the only question.
[01:53:33.600 --> 01:53:35.600]  I'm not sure if you have anybody else on the line.
[01:53:35.600 --> 01:53:39.600]  I've got one other gentleman, Doug, in Texas, but while we got you, did you
[01:53:39.600 --> 01:53:41.600]  enjoy the seminar this weekend?
[01:53:41.600 --> 01:53:42.600]  Yes, sir.
[01:53:42.600 --> 01:53:43.600]  Very informative.
[01:53:43.600 --> 01:53:48.600]  Except for being the clerk up there on the stand, right?
[01:53:48.600 --> 01:53:52.600]  Dominic played our clerk of the court that we accused of embezzling public
[01:53:52.600 --> 01:53:53.600]  funds.
[01:53:53.600 --> 01:53:57.600]  Well, that's still good because now I know how to treat the clerk when I get
[01:53:57.600 --> 01:53:58.600]  them on the stand.
[01:53:58.600 --> 01:53:59.600]  That's right.
[01:53:59.600 --> 01:54:02.600]  And remember, folks, check that criminal complaint.
[01:54:02.600 --> 01:54:04.600]  If the clerk signed it, that is your accuser.
[01:54:04.600 --> 01:54:09.600]  You want the clerk and you want the verifier in court for cross-examination on
[01:54:09.600 --> 01:54:10.600]  the stand.
[01:54:10.600 --> 01:54:12.600]  So you do want a subpoena then.
[01:54:12.600 --> 01:54:13.600]  All right.
[01:54:13.600 --> 01:54:14.600]  Dominic, anything else?
[01:54:14.600 --> 01:54:15.600]  No, that's it.
[01:54:15.600 --> 01:54:16.600]  I'll let you get to Doug.
[01:54:16.600 --> 01:54:17.600]  You have a good evening.
[01:54:17.600 --> 01:54:18.600]  Thanks, Dominic.
[01:54:18.600 --> 01:54:19.600]  You, too.
[01:54:19.600 --> 01:54:22.600]  Appreciate you a lot.
[01:54:22.600 --> 01:54:23.600]  All right.
[01:54:23.600 --> 01:54:24.600]  Doug in Texas.
[01:54:24.600 --> 01:54:26.600]  Hey, Doug, what can we do for you?
[01:54:26.600 --> 01:54:28.600]  Hi, Eddie.
[01:54:28.600 --> 01:54:32.600]  You didn't get any more of those open containers, right?
[01:54:32.600 --> 01:54:36.600]  I don't open them anymore.
[01:54:36.600 --> 01:54:37.600]  All right.
[01:54:37.600 --> 01:54:39.600]  What you got, Doug?
[01:54:39.600 --> 01:54:43.600]  What we got is my father, they came out to his place.
[01:54:43.600 --> 01:54:50.600]  He built his own house here in Bastrop, Texas, dug his own septic tank.
[01:54:50.600 --> 01:54:52.600]  Well, I did that, actually.
[01:54:52.600 --> 01:54:53.600]  We did.
[01:54:53.600 --> 01:54:58.600]  You know, all of a sudden, people pull up on the property and they say, well, we're
[01:54:58.600 --> 01:55:03.600]  here to – well, here you've got a septic system that's not – you didn't get a
[01:55:03.600 --> 01:55:06.600]  permit for.
[01:55:06.600 --> 01:55:09.600]  And he said, well, you're on my property.
[01:55:09.600 --> 01:55:11.600]  Do you have a permit to be here?
[01:55:11.600 --> 01:55:15.600]  Do you have a search warrant?
[01:55:15.600 --> 01:55:22.600]  And are you accompanied by a deputy sheriff or sheriff, law enforcement officials?
[01:55:22.600 --> 01:55:26.600]  So I take it you're in the county outside of the city jurisdiction then?
[01:55:26.600 --> 01:55:29.600]  Right, right, right.
[01:55:29.600 --> 01:55:35.600]  And he told them – his dog, his German shepherd, went out there and started kind
[01:55:35.600 --> 01:55:36.600]  of nipping at them.
[01:55:36.600 --> 01:55:40.600]  They said, you better get that dog under control or we'll shoot him.
[01:55:40.600 --> 01:55:43.600]  They said, well, the dog lives here.
[01:55:43.600 --> 01:55:44.600]  You don't.
[01:55:44.600 --> 01:55:49.600]  You better get yourself under control or – you know, I got my own – he had a 38
[01:55:49.600 --> 01:55:52.600]  tuck in his waistband.
[01:55:52.600 --> 01:55:57.600]  He said, any shooting going on, you might be involved.
[01:55:57.600 --> 01:56:02.600]  And they said, well, you have to have a septic tank.
[01:56:02.600 --> 01:56:05.600]  And he said, why do I have to do that?
[01:56:05.600 --> 01:56:08.600]  And they said, well, you've got a house.
[01:56:08.600 --> 01:56:16.600]  And he said, well, you know, is this a lot of crap in the woods on my own property?
[01:56:16.600 --> 01:56:20.600]  And they said, well, no.
[01:56:20.600 --> 01:56:25.600]  So he told these gentlemen, he said, go to town.
[01:56:25.600 --> 01:56:32.600]  He said, if you can find a judge that's stupid enough to sign a warrant to look for
[01:56:32.600 --> 01:56:36.600]  a septic tank, he said, I want to meet that guy.
[01:56:36.600 --> 01:56:39.600]  He said, I'll have a lot of fun with him.
[01:56:39.600 --> 01:56:45.600]  But be sure you're accompanied by, you know, the sheriff or one of his representatives
[01:56:45.600 --> 01:56:52.600]  with a valid warrant signed by an idiot to come back on this property.
[01:56:52.600 --> 01:56:56.600]  And they just – they blew their mind.
[01:56:56.600 --> 01:56:59.600]  They just left and never came back.
[01:56:59.600 --> 01:57:00.600]  You know?
[01:57:00.600 --> 01:57:01.600]  Yep.
[01:57:01.600 --> 01:57:02.600]  Because –
[01:57:02.600 --> 01:57:03.600]  Well, that's good.
[01:57:03.600 --> 01:57:04.600]  He stood up for himself.
[01:57:04.600 --> 01:57:05.600]  That's what we need to be doing.
[01:57:05.600 --> 01:57:09.600]  Stop letting them just tell you this is what you've got to do instead of making you
[01:57:09.600 --> 01:57:13.600]  understand that, hey, I'm the guy in charge.
[01:57:13.600 --> 01:57:15.600]  You're my public servant.
[01:57:15.600 --> 01:57:17.600]  I want you off my property.
[01:57:17.600 --> 01:57:22.600]  Do you have a real valid reason for being here, like I called you or you see someone
[01:57:22.600 --> 01:57:24.600]  shooting at me?
[01:57:24.600 --> 01:57:25.600]  Right.
[01:57:25.600 --> 01:57:31.600]  And see, my – daddy had a – he graduated from University of St. Louis Law School.
[01:57:31.600 --> 01:57:35.600]  And so he knows his law.
[01:57:35.600 --> 01:57:36.600]  He took the bar exam.
[01:57:36.600 --> 01:57:39.600]  He decided he didn't want to be an ambulance chaser.
[01:57:39.600 --> 01:57:46.600]  So he's one of the few people I know that has a law degree that never got a license
[01:57:46.600 --> 01:57:55.600]  to steal, you know, never wanted a bar card, never took one, but knows how it should be
[01:57:55.600 --> 01:57:57.600]  and how it is.
[01:57:57.600 --> 01:57:58.600]  Right.
[01:57:58.600 --> 01:58:03.600]  Well, that's what we need more of, Doug.
[01:58:03.600 --> 01:58:04.600]  That's right.
[01:58:04.600 --> 01:58:10.600]  But we need him wanting to educate other people on that, too, because the more people in the
[01:58:10.600 --> 01:58:12.600]  know, the better off we all are.
[01:58:12.600 --> 01:58:18.600]  Well, he's educating me, and it's a little late because he's been gone for a few years,
[01:58:18.600 --> 01:58:21.600]  but I try to educate everybody I know.
[01:58:21.600 --> 01:58:23.600]  Well, you do a good job, Doug.
[01:58:23.600 --> 01:58:24.600]  We appreciate that.
[01:58:24.600 --> 01:58:25.600]  All right.
[01:58:25.600 --> 01:58:26.600]  Thanks, Eddie.
[01:58:26.600 --> 01:58:30.600]  All right, well, we're about to close out the show, but, Doug, thanks for calling in.
[01:58:30.600 --> 01:58:33.600]  Give us a call back Thursday if there's more you got for us, okay?
[01:58:33.600 --> 01:58:34.600]  All right.
[01:58:34.600 --> 01:58:35.600]  Sure will.
[01:58:35.600 --> 01:58:36.600]  All right.
[01:58:36.600 --> 01:58:37.600]  Thanks, Doug.
[01:58:37.600 --> 01:58:38.600]  Bye-bye.
[01:58:38.600 --> 01:58:40.600]  All right, folks.
[01:58:40.600 --> 01:58:44.600]  This has been Rule of Law Radio, the Monday night traffic show.
[01:58:44.600 --> 01:58:49.600]  I am Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[01:58:49.600 --> 01:58:55.600]  Give us a listen to on Thursdays and Fridays from 8 to 10 on Thursday, 8 to midnight on
[01:58:55.600 --> 01:58:58.600]  Friday, and we will see you at the middle of the week.
[01:59:25.600 --> 01:59:50.600]  We'll see you at the middle of the week.
[01:59:50.600 --> 01:59:58.600]  All right.