[00:00.000 --> 00:04.500]  This news brief brought to you by the International News Net.
[00:04.500 --> 00:10.000]  Tokyo Electric Power says it could be nine months before the Fukushima plant is under control.
[00:10.000 --> 00:15.000]  TEPCO said it will take three months to reduce radiation and restore the plant's cooling systems,
[00:15.000 --> 00:21.000]  and another three to six months for reactors to stabilize and radiation to be completely plugged.
[00:21.000 --> 00:28.500]  The battle to bring the nuclear plant safely to cold shutdown is being hampered by aftershocks and power cuts.
[00:28.500 --> 00:33.000]  Bankrupt bookseller Chain Borders, that's laying off 6,000 employees,
[00:33.000 --> 00:38.000]  is planning to give its executives up to $8.3 million in bonuses.
[00:38.000 --> 00:42.000]  Blogger Harenkel Harrelson writes, quote,
[00:42.000 --> 00:45.000]  This is what we can expect of a Tea Party America,
[00:45.000 --> 00:53.000]  a land where corporations reward themselves for running themselves into the ground and putting thousands out of work.
[00:53.000 --> 01:04.000]  A Republican Party official came under fire Saturday after an email she sent that included an altered photo depicting Barack Obama as an ape was leaked to the press.
[01:04.000 --> 01:11.000]  Marilyn Davenport's email included an image of chimpanzee parents and child with Obama's face superimposed on the child.
[01:11.000 --> 01:15.000]  The caption read, Now you know why no birth certificate.
[01:15.000 --> 01:20.000]  Davenport called the leak cowardly and said the email was a joke.
[01:20.000 --> 01:29.000]  A study by the U.K. Ministry of Defense warns the growing use of unmanned aircraft in combat raises huge moral and legal issues
[01:29.000 --> 01:34.000]  and threatens to make war more likely as armed robots replace human beings.
[01:34.000 --> 01:39.000]  The report says the pace of technological development is accelerating at such a rate,
[01:39.000 --> 01:45.000]  Britain must quickly establish a policy on what constitutes, quote, acceptable machine behavior.
[01:45.000 --> 01:51.000]  The report coincides with continuing resentment about drones' use in Afghanistan and Pakistan.
[01:51.000 --> 02:01.000]  In 2010, at least 607 Pakistanis were killed in CIA drone strikes, only two of which were on a U.S. list of most wanted terrorists.
[02:01.000 --> 02:05.000]  The report notes drone strikes enabled the Taliban to cast themselves, quote,
[02:05.000 --> 02:14.000]  in the role of underdog and the West as a cowardly bully that is unwilling to risk his own troops but is happy to kill remotely.
[02:14.000 --> 02:23.000]  At least 25 pro-democracy protesters were killed Sunday in the Syrian city of Homs on a national holiday commemorating Syrian independence.
[02:23.000 --> 02:28.000]  On Monday, fresh protests erupted as thousands took to the streets across the country.
[02:28.000 --> 02:33.000]  On Saturday, President Bashar al-Assad pledged to lift the nation's draconian emergency laws,
[02:33.000 --> 02:39.000]  but activists said the vow to lift nearly five decades of emergency rule was not enough.
[02:39.000 --> 02:46.000]  In the town of Talbise, five were killed and at least 50 wounded when police filed on a funeral procession.
[02:46.000 --> 02:52.000]  There are reports Syrian security officials have prevented wounded demonstrators from receiving medical attention
[02:52.000 --> 03:20.000]  and in some cases removed the wounded from hospitals.
[03:22.000 --> 03:45.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, whatcha gonna do?
[03:45.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:52.000 --> 03:58.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:58.000 --> 04:03.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[04:03.000 --> 04:06.000]  So why are you acting like a bloody fool?
[04:06.000 --> 04:09.000]  If you get hot then you must get cool.
[04:09.000 --> 04:15.000]  All right, folks, good evening. This is Rule of Law Radio. It is April 18th.
[04:15.000 --> 04:18.000]  This is Eddie Craig, Deborah Stevens, Randy Kelton.
[04:18.000 --> 04:22.000]  Okay, tonight I've got just a little bit of a presentation to make.
[04:22.000 --> 04:27.000]  It is out of Chapter 601 of the Texas Government Code.
[04:27.000 --> 04:31.000]  It won't take very long to do this, so I'm gonna go ahead and give out the call-in numbers
[04:31.000 --> 04:33.000]  so y'all can go ahead and be lining up on the board.
[04:33.000 --> 04:38.000]  It is 512-646-1984 is the call-in number.
[04:38.000 --> 04:45.000]  This is our normal traffic issue night or any other type of due process issue.
[04:45.000 --> 04:48.000]  Please don't bring me any foreclosure stuff, not my forte,
[04:48.000 --> 04:53.000]  but anything along the normal lines for Monday nights I'll be happy to talk to you about.
[04:53.000 --> 04:57.000]  All right, let's get into this a little bit.
[04:57.000 --> 05:04.000]  Chapter 601 of the Texas Government Code is titled Public Officers and Employees.
[05:04.000 --> 05:08.000]  The section I'm gonna be reading to you is under Subtitle A,
[05:08.000 --> 05:13.000]  Provisions Generally Applicable to Public Officers and Employees,
[05:13.000 --> 05:24.000]  and Chapter 601, Election and Office Holding, specifically 601.008 Unauthorized Officers.
[05:24.000 --> 05:29.000]  I want you to listen very carefully to what's in this short section.
[05:29.000 --> 05:37.000]  In Subsection A it reads, an officer or court of this state or of a municipality
[05:37.000 --> 05:46.000]  may not make, order, allow, or audit payment of a person's claim for compensation, fees,
[05:46.000 --> 05:52.000]  perquisites, or services as an officer of the state or of the municipality
[05:52.000 --> 05:59.000]  unless the person, one, has been, A, lawfully elected as the officer
[05:59.000 --> 06:06.000]  and determined to be elected to the office by the canvas conducted of the election for the office,
[06:06.000 --> 06:13.000]  B, appointed as the officer by the lawful appointing authority, or C,
[06:13.000 --> 06:18.000]  a judge to be the officer by a state court of competent jurisdiction,
[06:18.000 --> 06:26.000]  and, two, has qualified as the officer under law.
[06:26.000 --> 06:29.000]  Then we go to Subsection B.
[06:29.000 --> 06:34.000]  A person who has not been elected or appointed to an office
[06:34.000 --> 06:41.000]  or has not qualified for office as prescribed by Subsection A
[06:41.000 --> 06:48.000]  is not entitled to, one, receive payment for services as the officer,
[06:48.000 --> 06:54.000]  or, two, exercise the powers or jurisdiction of the office.
[06:54.000 --> 07:01.000]  Subsection C, the official acts of a person who claims a right to exercise the power
[07:01.000 --> 07:09.000]  or jurisdiction of an office contrary to this section are void.
[07:09.000 --> 07:15.000]  Now, folks, this section right here falls squarely upon the head
[07:15.000 --> 07:21.000]  of every elected official that does not have a valid oath of office.
[07:21.000 --> 07:24.000]  Why do I say that?
[07:24.000 --> 07:29.000]  I say that because of Subsection A, too.
[07:29.000 --> 07:33.000]  It very clearly states in that subsection
[07:33.000 --> 07:40.000]  that the person must have qualified as the officer under law.
[07:40.000 --> 07:46.000]  Well, one of the ways an officer qualifies for office under law
[07:46.000 --> 07:52.000]  is via Article 16, Section 1, Texas Constitution,
[07:52.000 --> 07:58.000]  which mandates the anti-bribery statement and the oath of office
[07:58.000 --> 08:06.000]  that must be prescribed by every elected or appointed official.
[08:06.000 --> 08:12.000]  If that elected or appointed official has failed to take the oath of office
[08:12.000 --> 08:16.000]  in accordance with the decrees of the Constitution,
[08:16.000 --> 08:23.000]  they have not lawfully achieved the power and authority of the office.
[08:23.000 --> 08:28.000]  They are, in fact, an imposter in office.
[08:28.000 --> 08:33.000]  They have no lawful authority to get paid, to give orders,
[08:33.000 --> 08:41.000]  or to perform any act or exercise any authority associated with that office.
[08:41.000 --> 08:49.000]  That's pursuant to Section 601.008, Texas Government Code.
[08:49.000 --> 08:54.000]  Now, folks, we've gone through many courts.
[08:54.000 --> 08:58.000]  We've looked up the records on many public officials.
[08:58.000 --> 09:02.000]  In the case of the attorney, Carolyn Barnes, over at Williamson County,
[09:02.000 --> 09:07.000]  the judge that is sitting in the district court over her case
[09:07.000 --> 09:15.000]  has not had an oath of office signed and sworn to since 1999.
[09:15.000 --> 09:23.000]  Chapter 51 of the Local Government Code says that that sitting or visiting judge
[09:23.000 --> 09:30.000]  must take the oath every time he sits as a visiting judge
[09:30.000 --> 09:34.000]  for the purpose of hearing an issue.
[09:34.000 --> 09:38.000]  This man is a visiting judge at Williamson County
[09:38.000 --> 09:44.000]  and hasn't taken an oath since 1999.
[09:44.000 --> 09:51.000]  There are judges in the Austin Municipal Court who do not have an oath of office,
[09:51.000 --> 09:55.000]  but they're drawing a paycheck.
[09:55.000 --> 10:01.000]  They are exercising the power and authority of a judge,
[10:01.000 --> 10:07.000]  and it's all in violation of law.
[10:07.000 --> 10:10.000]  These are things that we need to be educated about
[10:10.000 --> 10:15.000]  and raising a humongous stink about at the Capitol.
[10:15.000 --> 10:20.000]  We need to be getting on the backsides of our representatives
[10:20.000 --> 10:27.000]  and demanding that they write law that allows us to go after these public servants
[10:27.000 --> 10:31.000]  for violating our law to begin with.
[10:31.000 --> 10:37.000]  Why is it that everything the people does is considered a crime
[10:37.000 --> 10:47.000]  and every law governing a public servant that gets violated is swept under the rug?
[10:47.000 --> 10:51.000]  We have to go to court for any reason they can cook up.
[10:51.000 --> 10:58.000]  These guys can't be hauled into court short of shooting each other in view of the public.
[10:58.000 --> 11:06.000]  And even then, it's a guess as to whether or not that would actually happen.
[11:06.000 --> 11:10.000]  But this, ladies and gentlemen, is our fault.
[11:10.000 --> 11:13.000]  We do not make them obey the law.
[11:13.000 --> 11:20.000]  We do not make those responsible for writing the law to write them in such a way
[11:20.000 --> 11:25.000]  as to give the people a way to enforce them.
[11:25.000 --> 11:31.000]  They make it all easy for the other public servants to use them against us,
[11:31.000 --> 11:37.000]  but there's nothing in place for us to use it against them.
[11:37.000 --> 11:43.000]  The inmates are clearly running the asylum,
[11:43.000 --> 11:48.000]  and we are letting them get away with doing it.
[11:48.000 --> 11:52.000]  This does got to stop, folks.
[11:52.000 --> 11:58.000]  If you are able and can listen to my voice in Austin on 90.1,
[11:58.000 --> 12:04.000]  you are close enough to come down to Brave New Books now on Sundays from 2 to 5
[12:04.000 --> 12:07.000]  and go through our seminar down there.
[12:07.000 --> 12:11.000]  If you want to see what it's about before you come to the regular seminar,
[12:11.000 --> 12:18.000]  come to the one that we have every first Friday of the month from 7 to 9 down at Brave New Books.
[12:18.000 --> 12:23.000]  It doesn't cost anything on the first Friday of every month.
[12:23.000 --> 12:24.000]  It's free.
[12:24.000 --> 12:31.000]  Come down and listen to what we're talking about and what we talk about during the actual seminars.
[12:31.000 --> 12:35.000]  These are things that we need to know,
[12:35.000 --> 12:43.000]  and we need to know it because it's the only way we can hold these people accountable.
[12:43.000 --> 12:46.000]  Otherwise, they're going to keep doing what they're doing.
[12:46.000 --> 12:49.000]  We're the ones that's going to keep suffering and paying for it,
[12:49.000 --> 12:57.000]  and they're going to keep stealing and robbing us blind and taking and doing what they want.
[12:57.000 --> 13:03.000]  And if you haven't seen that happening, you're simply not paying attention,
[13:03.000 --> 13:09.000]  or you're locked in a closet somewhere.
[13:09.000 --> 13:16.000]  If you haven't seen the things that are going on, not just in Texas, but nationwide,
[13:16.000 --> 13:24.000]  everything government's doing is designed to push us closer and closer to the point
[13:24.000 --> 13:32.000]  where we have to say enough is enough and resist through any means necessary
[13:32.000 --> 13:37.000]  so that they can actually tighten down the clamps.
[13:37.000 --> 13:43.000]  And the more we acquiesce and remain servile to what they're doing now,
[13:43.000 --> 13:48.000]  the more likely that is going to approach to an explosive head
[13:48.000 --> 13:57.000]  that's going to cost a lot of blood, sweat, and tears to rectify.
[13:57.000 --> 14:02.000]  There's just not going to be any way to avoid it.
[14:02.000 --> 14:08.000]  John F. Kennedy said that he who makes peaceful resolution impossible
[14:08.000 --> 14:12.000]  makes violent revolution inevitable.
[14:12.000 --> 14:17.000]  Well, folks, I'm here to tell you, I study this stuff all the time.
[14:17.000 --> 14:26.000]  They are taking away every opportunity we have for peaceful resolution.
[14:26.000 --> 14:33.000]  And Kennedy made note that that doesn't leave but one path to take.
[14:33.000 --> 14:37.000]  I don't want to see us have to get there.
[14:37.000 --> 14:43.000]  It's time to wake up. It's time to get active. It's time to start thinking.
[14:43.000 --> 14:47.000]  Turn off the TV. Turn off the football game.
[14:47.000 --> 14:54.000]  Stop listening to the talking heads on TV that tell you all is well with the world.
[14:54.000 --> 15:02.000]  That's a ball-faced lie. Nothing is well with the world.
[15:02.000 --> 15:12.000]  And it will remain in that state and worsen the more we the people sit back and let it go on.
[15:12.000 --> 15:15.000]  It's time to make a change to this, folks.
[15:15.000 --> 15:21.000]  Yeah, Eddie, my brother-in-law has a T-shirt. It says, everything is not okay.
[15:21.000 --> 15:23.000]  I love that.
[15:23.000 --> 15:30.000]  Yeah, everything is not as it seems. It is not okay. It is a hallucination.
[15:30.000 --> 15:34.000]  Get your head out of the sand.
[15:34.000 --> 15:42.000]  Don't be the guy that looks up just in time to get hit between the eyes by a flying brick.
[15:42.000 --> 15:48.000]  But if we keep our head down long enough, that's exactly what's going to happen is we're going to get caught unawares
[15:48.000 --> 15:54.000]  and look up at the wrong time and it's going to be too late.
[15:54.000 --> 15:59.000]  We need to get up, people. We need to start talking. We need to start moving.
[15:59.000 --> 16:06.000]  We need to start pressing our public servants to be public servants.
[16:06.000 --> 16:15.000]  We need to remind them who they work for instead of allowing them to work against us.
[16:15.000 --> 16:20.000]  And believe me, if you went down to the Austin Capitol any time in the past few weeks
[16:20.000 --> 16:26.000]  and went through these committee hearings or testified before any of them, it's very apparent
[16:26.000 --> 16:32.000]  they're not always working for us.
[16:32.000 --> 16:37.000]  Out of all the things that we went down there and sat through, there was only a couple of them
[16:37.000 --> 16:43.000]  where I could honestly say it was an effort to work for us.
[16:43.000 --> 16:47.000]  All right, folks, we're going to break. This is Eddie Craig, Deborah Stevens,
[16:47.000 --> 16:53.000]  Randy Kelton, Rule of Law Radio, 512-646-1984 is the call-in number.
[16:53.000 --> 17:00.000]  Give us a call. We'll be right back.
[17:00.000 --> 17:05.000]  Capital Coin and Bullion is your local source for rare coins, precious metals,
[17:05.000 --> 17:09.000]  and coin supplies in the Austin metro area. We also ship worldwide.
[17:09.000 --> 17:15.000]  We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[17:15.000 --> 17:20.000]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
[17:20.000 --> 17:27.000]  We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous location.
[17:27.000 --> 17:32.000]  We're on the west side of Burnett Road in Stanley Insurance Building on the ground floor
[17:32.000 --> 17:35.000]  next to the Ishabon Sushi and the Genie Car Wash.
[17:35.000 --> 17:39.000]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[17:39.000 --> 17:45.000]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.000 --> 17:50.000]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[17:50.000 --> 17:56.000]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A.
[17:56.000 --> 18:00.000]  We'll call 512-646-6440.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:14.000 --> 18:20.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[18:20.000 --> 18:24.000]  What to do when contacted by phones, mail, or court summons.
[18:24.000 --> 18:26.000]  How to answer letters and phone calls.
[18:26.000 --> 18:29.000]  How to get debt collectors out of your credit report.
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[18:33.000 --> 18:38.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:38.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:49.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[18:49.000 --> 19:12.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:12.000 --> 19:26.000]  All right, folks.
[19:26.000 --> 19:27.000]  We are back.
[19:27.000 --> 19:29.000]  This is Rule of Law Radio.
[19:29.000 --> 19:30.000]  All right.
[19:30.000 --> 19:32.000]  We've got our first few callers on the board tonight.
[19:32.000 --> 19:35.000]  Right now, we're going to go to Paul in Kentucky.
[19:35.000 --> 19:36.000]  Evening, Paul.
[19:36.000 --> 19:37.000]  What can we do for you?
[19:37.000 --> 19:38.000]  Hey, good evening.
[19:38.000 --> 19:43.000]  I barely heard that you said not anything about foreclosures tonight, right?
[19:43.000 --> 19:48.000]  Yes, Randy's not on with us on Monday nights and foreclosures are not my forte.
[19:48.000 --> 19:49.000]  Okay, that's fine.
[19:49.000 --> 19:56.000]  Could you just tell me what would be the best place to go on the Web site to get all the information on that?
[19:56.000 --> 20:00.000]  Are you talking about information on foreclosures in general?
[20:00.000 --> 20:02.000]  Yes, sir.
[20:02.000 --> 20:06.000]  Well, you need to go to Randy's Web site to do that.
[20:06.000 --> 20:10.000]  Which is remediesinrealestate.com.
[20:10.000 --> 20:13.000]  Remedies in real estate.
[20:13.000 --> 20:15.000]  Okay.
[20:15.000 --> 20:21.000]  And then is there like a step-by-step process as to how to fight that?
[20:21.000 --> 20:23.000]  You need to fill out the form that's on there.
[20:23.000 --> 20:26.000]  That will get submitted to Randy and his people,
[20:26.000 --> 20:31.000]  and there will be someone that will get in touch with you within a day or two of you getting it filled out.
[20:31.000 --> 20:37.000]  I haven't been to the Web site, so I'm not sure how it's laid out or what there is to do or see.
[20:37.000 --> 20:45.000]  You just have to look at it when you get there and see if there's anything that gives you an area to go read about how the process works.
[20:45.000 --> 20:46.000]  Okay.
[20:46.000 --> 20:47.000]  Well, thank you very much.
[20:47.000 --> 20:48.000]  I'll let you go.
[20:48.000 --> 20:49.000]  Yes, sir.
[20:49.000 --> 20:50.000]  Thank you for calling in.
[20:50.000 --> 20:52.000]  Bye-bye.
[20:52.000 --> 20:55.000]  Okay, now we go to Jeff in Arkansas.
[20:55.000 --> 20:57.000]  Jeff, how you doing?
[20:57.000 --> 20:58.000]  I'm doing really well.
[20:58.000 --> 21:00.000]  Thanks, guys, for having me on.
[21:00.000 --> 21:01.000]  Yes, sir.
[21:01.000 --> 21:06.000]  Well, I was a student at Mississippi State University.
[21:06.000 --> 21:11.000]  I was living in the dormitory, and the housing department, due to overcrowding,
[21:11.000 --> 21:16.000]  threw me out of the dormitory and put me in some apartments across the street
[21:16.000 --> 21:20.000]  and told me that they were off-campus student apartments.
[21:20.000 --> 21:24.000]  Well, not thinking, I went and got the hunting rifle and put it in my closet.
[21:24.000 --> 21:28.000]  And to make a long story short, I got arrested.
[21:28.000 --> 21:32.000]  And even though I was across the street from the college,
[21:32.000 --> 21:35.000]  the police said that even though there's no signs out here,
[21:35.000 --> 21:39.000]  the campus property line still does stretch over the apartments.
[21:39.000 --> 21:44.000]  So I'm going to court and I'm fighting it because I do believe I'm innocent.
[21:44.000 --> 21:48.000]  There's no plaques that say this is campus property.
[21:48.000 --> 21:54.000]  There are, yeah, and I never signed a lease for these apartments
[21:54.000 --> 21:58.000]  because the housing department just threw me in there kind of overnight,
[21:58.000 --> 22:00.000]  so they took care of all the paperwork.
[22:00.000 --> 22:02.000]  Well, Jeff, let me ask you this.
[22:02.000 --> 22:04.000]  Okay, you skipped over some information.
[22:04.000 --> 22:05.000]  Okay.
[22:05.000 --> 22:06.000]  How did you get arrested?
[22:06.000 --> 22:10.000]  Did the police see you bringing the rifle from your car into your apartment,
[22:10.000 --> 22:15.000]  or did another student see this, or how did all this come about in the first place?
[22:15.000 --> 22:18.000]  Actually, it was my roommate.
[22:18.000 --> 22:21.000]  Your roommate called the campus police?
[22:21.000 --> 22:26.000]  Yes, he had been drinking and I got mad at him because I was trying to study,
[22:26.000 --> 22:29.000]  and I got mad at him and told him to leave me alone and quit drinking,
[22:29.000 --> 22:30.000]  you know, that kind of stuff.
[22:30.000 --> 22:32.000]  And I had done that a couple of times.
[22:32.000 --> 22:34.000]  I had only lived there for about three weeks.
[22:34.000 --> 22:35.000]  Well, wait a minute.
[22:35.000 --> 22:38.000]  Did the roommate see you bring the gun in the apartment
[22:38.000 --> 22:40.000]  or was he rummaging through your things?
[22:40.000 --> 22:43.000]  No, no, he saw me bring it in because I thought I was off campus,
[22:43.000 --> 22:47.000]  so I just carried it in, you know, in broad daylight.
[22:47.000 --> 22:51.000]  Okay, and so then after you told the roommate to quit drinking and stop harassing you,
[22:51.000 --> 22:55.000]  then he got mad because you had the gun and decided to turn you in and drop the dime?
[22:55.000 --> 22:56.000]  Yes.
[22:56.000 --> 22:57.000]  Oh, boy.
[22:57.000 --> 22:58.000]  Yes.
[22:58.000 --> 22:59.000]  Man, you know what?
[22:59.000 --> 23:04.000]  This is, I'm sorry, folks, we have to get away from the snitch mentality.
[23:04.000 --> 23:07.000]  It's not going to do any of us any good, you know,
[23:07.000 --> 23:12.000]  and now we've got Janet Napolitano, big sis, going up everywhere on the big screens
[23:12.000 --> 23:18.000]  and Walmart and other places saying, see something, say something, snitch on your neighbor.
[23:18.000 --> 23:21.000]  So anybody out there listening, don't be snitching on your neighbor.
[23:21.000 --> 23:23.000]  Don't be turning in your roommates for things like this
[23:23.000 --> 23:26.000]  because all it's going to do is end up bringing trouble on your own head.
[23:26.000 --> 23:28.000]  But anyway, I just wanted to clarify that.
[23:28.000 --> 23:30.000]  Okay, please continue, Jeff.
[23:30.000 --> 23:34.000]  Well, so I went to court and they gave me a public defender.
[23:34.000 --> 23:39.000]  And when I went in to meet with the public defender, I showed him that, you know,
[23:39.000 --> 23:42.000]  hey, I never signed a lease so I don't have a contract with anybody.
[23:42.000 --> 23:43.000]  Is this a public defender?
[23:43.000 --> 23:45.000]  Is this a city court?
[23:45.000 --> 23:50.000]  Is this actual, is this a campus court or is this like municipal court
[23:50.000 --> 23:52.000]  or state district court or what?
[23:52.000 --> 23:55.000]  It's called circuit court, which I'm going to say state.
[23:55.000 --> 23:56.000]  Okay, okay.
[23:56.000 --> 23:57.000]  It's a felony.
[23:57.000 --> 23:59.000]  It's a felony charge.
[23:59.000 --> 24:00.000]  Okay, please continue.
[24:00.000 --> 24:01.000]  I'm a big boy.
[24:01.000 --> 24:05.000]  Okay, felony under state or federal law?
[24:05.000 --> 24:06.000]  State.
[24:06.000 --> 24:11.000]  It's a Mississippi state code that I was arrested under.
[24:11.000 --> 24:16.000]  Okay, here's a couple of ways to go about this.
[24:16.000 --> 24:17.000]  Okay.
[24:17.000 --> 24:18.000]  One's in your favor.
[24:18.000 --> 24:21.000]  One is most assuredly not in your favor.
[24:21.000 --> 24:27.000]  The one that is is what was your notice that you were in an area where
[24:27.000 --> 24:30.000]  firewall arms were not allowed?
[24:30.000 --> 24:32.000]  As far as you know, you were in private housing.
[24:32.000 --> 24:36.000]  You can make that argument and that's going to run afoul of a second
[24:36.000 --> 24:39.000]  argument that's not in your favor.
[24:39.000 --> 24:43.000]  But if these are actual campus-owned properties,
[24:43.000 --> 24:47.000]  that's where that first argument is going to get blown out of the water.
[24:47.000 --> 24:50.000]  And here's how they're going to use that against you.
[24:50.000 --> 24:55.000]  One, you were notified you were being moved across the street by the school.
[24:55.000 --> 25:02.000]  Two, you were notified that it was off-campus student housing.
[25:02.000 --> 25:03.000]  Yes.
[25:03.000 --> 25:07.000]  Which means it's still school property.
[25:07.000 --> 25:11.000]  Now, there's two ways to look at the definition of school property,
[25:11.000 --> 25:15.000]  and you need to find out which one applies under this statute.
[25:15.000 --> 25:20.000]  Is property meant contiguous campus zone,
[25:20.000 --> 25:26.000]  or does it simply mean anything owned or operated by the school?
[25:26.000 --> 25:30.000]  I believe it's A.
[25:30.000 --> 25:33.000]  Well, don't believe it's A. Find out if it's A.
[25:33.000 --> 25:37.000]  Yeah, because what if the campus just happens to own, you know,
[25:37.000 --> 25:38.000]  a little grocery store?
[25:38.000 --> 25:40.000]  I mean, just because, not the campus,
[25:40.000 --> 25:43.000]  but what if the university owns a little grocery store or something,
[25:43.000 --> 25:45.000]  I mean, or has some investment in a business?
[25:45.000 --> 25:49.000]  I mean, just because it owns the property doesn't mean it's part of the campus.
[25:49.000 --> 25:55.000]  And so your saving grace here could be that firearms are not allowed on campus.
[25:55.000 --> 25:58.000]  And so if this is not part of the campus,
[25:58.000 --> 26:03.000]  just because the university owns the apartments since they're private apartments,
[26:03.000 --> 26:05.000]  that could help.
[26:05.000 --> 26:06.000]  Well, that's the other thing.
[26:06.000 --> 26:07.000]  Do they own them?
[26:07.000 --> 26:10.000]  Do they own them or do they contract with them?
[26:10.000 --> 26:12.000]  Yeah, do they just rent them or something?
[26:12.000 --> 26:14.000]  If they contract with them,
[26:14.000 --> 26:21.000]  then there's a very high probability that they are not campus considered
[26:21.000 --> 26:25.000]  because the school doesn't own the property they're on.
[26:25.000 --> 26:29.000]  Well, here's the last part of the section of their statute,
[26:29.000 --> 26:34.000]  and that says that no guns allowed on educational property
[26:34.000 --> 26:40.000]  except for areas that have no school campus
[26:40.000 --> 26:43.000]  or educational facilities or athletic facilities.
[26:43.000 --> 26:45.000]  Well, there you go.
[26:45.000 --> 26:46.000]  And that's where I'm at.
[26:46.000 --> 26:48.000]  I'm across the freeway.
[26:48.000 --> 26:50.000]  Okay, but not the point.
[26:50.000 --> 26:54.000]  The school can own property on both sides of the freeway.
[26:54.000 --> 26:58.000]  You need to find out who owns the land these buildings are on, period.
[26:58.000 --> 27:00.000]  But, Eddie, it just said in the statute,
[27:00.000 --> 27:05.000]  as long as there's no educational facilities or athletic facilities.
[27:05.000 --> 27:06.000]  Yeah, but the question is,
[27:06.000 --> 27:12.000]  what else that belongs to the school is on the same side of the highway he is on
[27:12.000 --> 27:15.000]  in close proximity to that housing.
[27:15.000 --> 27:17.000]  If they have an athletic field over there,
[27:17.000 --> 27:21.000]  if they have anything of that nature like a library,
[27:21.000 --> 27:25.000]  anything over there that could be considered a part of the campus
[27:25.000 --> 27:27.000]  meets that criteria.
[27:27.000 --> 27:30.000]  Is there anything over there that could satisfy that criteria
[27:30.000 --> 27:33.000]  that adjoins to the property?
[27:33.000 --> 27:35.000]  No.
[27:35.000 --> 27:40.000]  Where I'm at across the freeway, I'm up in a residential area,
[27:40.000 --> 27:42.000]  and so there's the apartments that are freestanding,
[27:42.000 --> 27:45.000]  and they don't save Mississippi campus.
[27:45.000 --> 27:47.000]  And there's also a daycare center,
[27:47.000 --> 27:51.000]  but the daycare center is for the teachers to drop their children off.
[27:51.000 --> 27:57.000]  It's not educational like to teach people child development.
[27:57.000 --> 27:58.000]  It's not that.
[27:58.000 --> 28:00.000]  It's just a business.
[28:00.000 --> 28:04.000]  But the campus does own that property.
[28:04.000 --> 28:09.000]  Right, but you just said in the statute that there has to be an educational
[28:09.000 --> 28:12.000]  facility or an athletic facility.
[28:12.000 --> 28:13.000]  Uh-huh.
[28:13.000 --> 28:17.000]  That's all across the highway about 300, 400 yards away.
[28:17.000 --> 28:19.000]  Well, then it sounds to me...
[28:19.000 --> 28:23.000]  Yeah, and you're sure they do not maintain a workout room
[28:23.000 --> 28:29.000]  or a little in-apartment library in that building anywhere?
[28:29.000 --> 28:31.000]  No.
[28:31.000 --> 28:34.000]  Then you might stand a good argument against that
[28:34.000 --> 28:38.000]  based upon the specifics of the statute.
[28:38.000 --> 28:39.000]  Okay.
[28:39.000 --> 28:40.000]  Okay.
[28:40.000 --> 28:44.000]  But you need to be beating the tar out of your attorney to make them use it.
[28:44.000 --> 28:46.000]  Well, now, that's where it gets interesting.
[28:46.000 --> 28:48.000]  I went to meet with my public defender
[28:48.000 --> 28:51.000]  and told him everything that we had talked about,
[28:51.000 --> 28:53.000]  and he flipped out and went into a rage
[28:53.000 --> 28:56.000]  and wanted me to plead guilty just instantly.
[28:56.000 --> 28:58.000]  And I said, well, no, sir.
[28:58.000 --> 29:00.000]  They told me it was off campus, and I didn't, you know,
[29:00.000 --> 29:02.000]  it didn't look like it was campus and stuff.
[29:02.000 --> 29:05.000]  And he started flapping the table and said,
[29:05.000 --> 29:08.000]  if you don't go in there and plead guilty right now,
[29:08.000 --> 29:11.000]  I'm going to revoke your bail and put you in prison for three years.
[29:11.000 --> 29:13.000]  Your defense attorney told you this?
[29:13.000 --> 29:14.000]  This is your defense attorney?
[29:14.000 --> 29:15.000]  Yes.
[29:15.000 --> 29:18.000]  Please tell me you went in there with a recorder in your pocket.
[29:18.000 --> 29:21.000]  No, I didn't, but I did turn him into the bar.
[29:21.000 --> 29:23.000]  Well, yeah, from now on, when you talk to your defense attorney,
[29:23.000 --> 29:25.000]  you have to record everything.
[29:25.000 --> 29:29.000]  Don't talk to any public serpent that you're not recording everything.
[29:29.000 --> 29:31.000]  Can you do that?
[29:31.000 --> 29:32.000]  Yes, you...
[29:32.000 --> 29:35.000]  He's in Arkansas. He may be...
[29:35.000 --> 29:38.000]  You said this is Mississippi, right?
[29:38.000 --> 29:42.000]  Yes, I was in Arkansas, but I was on Mississippi State campus.
[29:42.000 --> 29:44.000]  I moved to Mississippi to go to school.
[29:44.000 --> 29:48.000]  Okay, so you need to read the Mississippi statutes on wiretapping
[29:48.000 --> 29:52.000]  and recording public conversations between individuals to be sure.
[29:52.000 --> 29:54.000]  Mm-hmm.
[29:54.000 --> 29:57.000]  But you can always disclose that you're going to record it
[29:57.000 --> 29:58.000]  and get a control of it.
[29:58.000 --> 29:59.000]  But hang on.
[29:59.000 --> 30:00.000]  I lost my son.
[30:00.000 --> 30:01.000]  My nephew.
[30:01.000 --> 30:02.000]  My uncle.
[30:02.000 --> 30:03.000]  My son.
[30:03.000 --> 30:04.000]  On September 11, 2001.
[30:04.000 --> 30:08.000]  Most people don't know that a third tower fell on September 11.
[30:08.000 --> 30:12.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.000 --> 30:16.000]  Although the official explanation is that fire brought down Building 7,
[30:16.000 --> 30:20.000]  over 1,200 architects and engineers had looked into the evidence
[30:20.000 --> 30:22.000]  and believed there is more to the story.
[30:22.000 --> 30:23.000]  Bring justice to my son.
[30:23.000 --> 30:24.000]  My uncle.
[30:24.000 --> 30:25.000]  My nephew.
[30:25.000 --> 30:26.000]  My son.
[30:26.000 --> 30:27.000]  Go to buildingwhat.org.
[30:27.000 --> 30:31.000]  Why it fell, why it matters, and what you can do.
[30:31.000 --> 30:36.000]  Few people realize today's cameras encode precise GPS location data
[30:36.000 --> 30:37.000]  into your photos.
[30:37.000 --> 30:41.000]  That means an online creep could use your birthday pictures to pinpoint your home.
[30:41.000 --> 30:42.000]  I'm Dr. Catherine Albrecht.
[30:42.000 --> 30:44.000]  Details in a moment.
[30:44.000 --> 30:46.000]  Privacy is under attack.
[30:46.000 --> 30:49.000]  When you give up data about yourself, you'll never get it back again.
[30:49.000 --> 30:54.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:54.000 --> 30:59.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:59.000 --> 31:02.000]  Privacy, it's worth hanging onto.
[31:02.000 --> 31:06.000]  This public service announcement is brought to you by Startpage.com,
[31:06.000 --> 31:10.000]  the private search engine alternative to Google, Yahoo, and Bing.
[31:10.000 --> 31:14.000]  Start over with Startpage.
[31:14.000 --> 31:17.000]  These days, smartphones with built-in cameras are all the rage.
[31:17.000 --> 31:21.000]  But I bet you don't know the information hidden in the photos' digital files
[31:21.000 --> 31:23.000]  could invade your privacy.
[31:23.000 --> 31:26.000]  Many new smartphone cameras geotag photographs and videos
[31:26.000 --> 31:29.000]  with the exact coordinates where the images were taken.
[31:29.000 --> 31:32.000]  Not only are the latitude and longitude numbers recorded,
[31:32.000 --> 31:36.000]  but many include a mapping feature that's like putting a pin on a map.
[31:36.000 --> 31:40.000]  The next time you want to upload a picture of your kids in the pool to Facebook or Twitter,
[31:40.000 --> 31:41.000]  think twice.
[31:41.000 --> 31:43.000]  If you don't want strangers knowing where your children live,
[31:43.000 --> 31:49.000]  review your manufacturer's instructions and disable the geotagging application on your camera.
[31:49.000 --> 31:50.000]  I'm Dr. Catherine Albrecht.
[31:50.000 --> 31:54.000]  More news and information at CatherineAlbrecht.com.
[32:20.000 --> 32:40.000]  All right, folks, we are back.
[32:40.000 --> 32:41.000]  This is Rule of Law Radio.
[32:41.000 --> 32:44.000]  Right now, we are on the phone with Jeff.
[32:44.000 --> 32:47.000]  And for those of you that are listening, please give us a call,
[32:47.000 --> 32:54.000]  512-646-1984, and tell us what your issue is.
[32:54.000 --> 32:57.000]  All right, Jeff, let's see if we can finish you up here.
[32:57.000 --> 32:59.000]  Okay.
[32:59.000 --> 33:00.000]  Okay.
[33:00.000 --> 33:02.000]  But in any case, as far as your attorney goes,
[33:02.000 --> 33:07.000]  I would file a bar grievance for every vowel he used in that sentence.
[33:07.000 --> 33:08.000]  Okay.
[33:08.000 --> 33:13.000]  And then I would turn around and bar-grip him again just for being an attorney.
[33:13.000 --> 33:15.000]  Okay.
[33:15.000 --> 33:19.000]  But in any case, you need to complain to the judge
[33:19.000 --> 33:23.000]  that you don't believe your attorney is willing to do the job he's supposed to do.
[33:23.000 --> 33:27.000]  And if he isn't, then you don't want to release him from representing you.
[33:27.000 --> 33:30.000]  You just simply want the judge to sanction him.
[33:30.000 --> 33:33.000]  Well, unfortunately, it's gone too far.
[33:33.000 --> 33:34.000]  I've already done that.
[33:34.000 --> 33:40.000]  And I got a letter in the mail from my attorney saying I've put in a motion to withdraw.
[33:40.000 --> 33:44.000]  And, of course, I'm reading it going, well, is anybody going to ask my permission?
[33:44.000 --> 33:46.000]  Well, I got to court today.
[33:46.000 --> 33:48.000]  I'm in court right now for two weeks.
[33:48.000 --> 33:52.000]  And it turns out that the judge already granted him to leave.
[33:52.000 --> 33:57.000]  And so they swapped attorneys with me today.
[33:57.000 --> 33:58.000]  Okay.
[33:58.000 --> 34:01.000]  And did they give you a continuance in the process?
[34:01.000 --> 34:04.000]  No, because I haven't actually approached.
[34:04.000 --> 34:10.000]  What they're doing is they're claiming that my bond requires me to sit in the courtroom
[34:10.000 --> 34:15.000]  for about 17 days while other trials go on.
[34:15.000 --> 34:21.000]  So basically I'm twiddling my thumbs while other people are, you know, up with their trial.
[34:21.000 --> 34:27.000]  And so he came and just talked to me while I was sitting in the back of the courtroom.
[34:27.000 --> 34:30.000]  Well, that's not proper preparation by anybody.
[34:30.000 --> 34:32.000]  Okay.
[34:32.000 --> 34:33.000]  Okay.
[34:33.000 --> 34:37.000]  In order for him to do the job, he has to properly prepare,
[34:37.000 --> 34:42.000]  because he has to do a proper, thorough job of getting information from you,
[34:42.000 --> 34:48.000]  investigating the facts of the case, and checking up on the law that you're being charged under.
[34:48.000 --> 34:54.000]  If they're not doing these things, they're not doing their job.
[34:54.000 --> 34:57.000]  Well, I sent him two pieces of paper.
[34:57.000 --> 34:59.000]  I've been on the Internet studying.
[34:59.000 --> 35:02.000]  And I sent them, he's not returning any of my letters.
[35:02.000 --> 35:05.000]  And I'm notarizing them and sending them certified mail.
[35:05.000 --> 35:12.000]  And I sent him two pieces of paper about the reservation of rights, UCC 1-308.
[35:12.000 --> 35:14.000]  Don't do that.
[35:14.000 --> 35:17.000]  This is not a commercial case.
[35:17.000 --> 35:19.000]  Stop doing that.
[35:19.000 --> 35:20.000]  Okay.
[35:20.000 --> 35:23.000]  It has nothing to do with the issue.
[35:23.000 --> 35:24.000]  Okay.
[35:24.000 --> 35:25.000]  Okay.
[35:25.000 --> 35:28.000]  And what about challenging jurisdiction?
[35:28.000 --> 35:32.000]  Jurisdiction does not revolve around your credit card in this case.
[35:32.000 --> 35:34.000]  UCC's got nothing to do with it.
[35:34.000 --> 35:36.000]  Okay.
[35:36.000 --> 35:38.000]  This is a criminal issue.
[35:38.000 --> 35:39.000]  Got that?
[35:39.000 --> 35:40.000]  Criminal issue.
[35:40.000 --> 35:41.000]  Uh-huh.
[35:41.000 --> 35:43.000]  Nothing commercial in it.
[35:43.000 --> 35:44.000]  Okay.
[35:44.000 --> 35:47.000]  So don't do that.
[35:47.000 --> 35:52.000]  Now, you can judicially conduct complaint against the judge,
[35:52.000 --> 35:58.000]  because he dismissed your attorney without consulting with you.
[35:58.000 --> 35:59.000]  Okay.
[35:59.000 --> 36:00.000]  All right.
[36:00.000 --> 36:03.000]  And said, no, that was my attorney of choice.
[36:03.000 --> 36:04.000]  I appointed him.
[36:04.000 --> 36:05.000]  I wanted him.
[36:05.000 --> 36:08.000]  He didn't want to work for me, but I was going to make him work for me,
[36:08.000 --> 36:10.000]  and you dismissed him to save his hide.
[36:10.000 --> 36:12.000]  I don't like that.
[36:12.000 --> 36:13.000]  Okay.
[36:13.000 --> 36:18.000]  You didn't ask my permission to dissolve my contract with my attorney.
[36:18.000 --> 36:20.000]  I got a problem with that, judge.
[36:20.000 --> 36:23.000]  Here's your judicially conduct complaint.
[36:23.000 --> 36:24.000]  Uh-huh.
[36:24.000 --> 36:30.000]  Now, that should disqualify the judge from sitting in your case.
[36:30.000 --> 36:31.000]  Okay.
[36:31.000 --> 36:35.000]  Which means you should get a new judge at the same time.
[36:35.000 --> 36:36.000]  All right.
[36:36.000 --> 36:40.000]  But make it clear to your new attorney he has a job to do.
[36:40.000 --> 36:43.000]  The law is in your favor in this instance,
[36:43.000 --> 36:46.000]  and he better represent your due process issues,
[36:46.000 --> 36:50.000]  or you will bargrieve him for everyone he does not.
[36:50.000 --> 36:51.000]  Be open.
[36:51.000 --> 36:52.000]  Be frank.
[36:52.000 --> 36:53.000]  Be firm.
[36:53.000 --> 36:55.000]  Do it.
[36:55.000 --> 36:56.000]  Protect my rights,
[36:56.000 --> 37:01.000]  or I will bargrieve you into having no career at all.
[37:01.000 --> 37:03.000]  Good.
[37:03.000 --> 37:04.000]  Okay.
[37:04.000 --> 37:05.000]  Well, I appreciate it.
[37:05.000 --> 37:08.000]  And leave the UCC at home.
[37:08.000 --> 37:09.000]  Okay.
[37:09.000 --> 37:14.000]  I've already filed that paper into my case,
[37:14.000 --> 37:19.000]  but if I shouldn't mention that at court, then I won't.
[37:19.000 --> 37:22.000]  It's not going to do you any good to mention it at court.
[37:22.000 --> 37:26.000]  In fact, it's probably going to get you a mental review.
[37:26.000 --> 37:28.000]  Okay.
[37:28.000 --> 37:30.000]  So don't do it.
[37:30.000 --> 37:35.000]  It has nothing to do with the issue.
[37:35.000 --> 37:36.000]  All right.
[37:36.000 --> 37:39.000]  Make your attorney do what they're supposed to do
[37:39.000 --> 37:41.000]  and protect your rights and your interests.
[37:41.000 --> 37:42.000]  Okay.
[37:42.000 --> 37:46.000]  Make them regret it when they don't.
[37:46.000 --> 37:47.000]  Okay.
[37:47.000 --> 37:48.000]  All right.
[37:48.000 --> 37:49.000]  All right.
[37:49.000 --> 37:50.000]  Yeah, I'm ready to go face the challenge.
[37:50.000 --> 37:52.000]  I'll be up in about two weeks at court,
[37:52.000 --> 37:55.000]  and I would like to call back.
[37:55.000 --> 37:56.000]  Yes, sir, please do.
[37:56.000 --> 37:57.000]  Keep us informed.
[37:57.000 --> 37:59.000]  And fill you guys in.
[37:59.000 --> 38:01.000]  We'd appreciate that.
[38:01.000 --> 38:02.000]  Hey, thanks a lot.
[38:02.000 --> 38:03.000]  You're welcome, Jeff.
[38:03.000 --> 38:04.000]  Thanks for calling in.
[38:04.000 --> 38:05.000]  Okay.
[38:05.000 --> 38:06.000]  Thank you.
[38:06.000 --> 38:07.000]  All right.
[38:07.000 --> 38:08.000]  Bye-bye.
[38:08.000 --> 38:09.000]  Okay.
[38:09.000 --> 38:10.000]  Now let's go to Mike in Arizona.
[38:10.000 --> 38:11.000]  Good evening, Mike.
[38:11.000 --> 38:13.000]  How can we help you?
[38:13.000 --> 38:17.000]  Hey, how's it going, guys?
[38:17.000 --> 38:20.000]  Going good.
[38:20.000 --> 38:23.000]  My case is kind of complicated here.
[38:23.000 --> 38:29.000]  I'm challenging the driver's license.
[38:29.000 --> 38:34.000]  Can you explain what challenging a driver's license means?
[38:34.000 --> 38:37.000]  I'm going for the right of travel.
[38:37.000 --> 38:41.000]  The way I look at it kind of is up to about 80 years ago,
[38:41.000 --> 38:45.000]  the whole history of mankind never had to have any kind of driver's license
[38:45.000 --> 38:46.000]  or anything like that.
[38:46.000 --> 38:47.000]  Okay.
[38:47.000 --> 38:50.000]  History lesson aside, not meaning to sound short on you here,
[38:50.000 --> 38:54.000]  but what do you mean by challenging a driver's license?
[38:54.000 --> 38:57.000]  Are you trying to get rid of yours?
[38:57.000 --> 39:02.000]  Or did you have a ticket for driving without one?
[39:02.000 --> 39:04.000]  I'm sorry, I didn't hear you.
[39:04.000 --> 39:07.000]  I said, or did you get a ticket for driving without one?
[39:07.000 --> 39:08.000]  Is that what you're fighting?
[39:08.000 --> 39:10.000]  What is the issue?
[39:10.000 --> 39:15.000]  Yeah, yeah, I do have a driving without a driver's license at the moment, yeah.
[39:15.000 --> 39:17.000]  Okay.
[39:17.000 --> 39:19.000]  I filed paperwork.
[39:19.000 --> 39:22.000]  I went up to see the Arizona Attorney General,
[39:22.000 --> 39:26.000]  and I filed paperwork with, you know,
[39:26.000 --> 39:29.000]  just explaining some of the Supreme Court cases
[39:29.000 --> 39:32.000]  and some of the quotes and stuff like that
[39:32.000 --> 39:37.000]  and then put a fee schedule on here in case they pulled me over
[39:37.000 --> 39:39.000]  and took my truck for 30 days,
[39:39.000 --> 39:43.000]  because that's what they do in Arizona without a valid driver's license,
[39:43.000 --> 39:48.000]  and they just take it right away and they hold it for 30 days.
[39:48.000 --> 39:51.000]  And I kind of felt that there was no due process in that,
[39:51.000 --> 39:55.000]  seeing as how if I was a homeless guy just because I didn't have a driver's license,
[39:55.000 --> 40:00.000]  they could steal my house.
[40:00.000 --> 40:07.000]  And I have, I mean, on my ID, I don't believe I have a contact with them for a license.
[40:07.000 --> 40:14.000]  On my ID, I've signed my name and put all rights reserved behind that.
[40:14.000 --> 40:18.000]  I mean, anything I sign with them, I reserve my rights.
[40:18.000 --> 40:27.000]  And I also filed a motion to dismiss all charges due to no valid cause of action
[40:27.000 --> 40:31.000]  and, you know, stated a couple other Supreme Court cases.
[40:31.000 --> 40:35.000]  Well, let me ask you, since you've studied all the Supreme Court cases,
[40:35.000 --> 40:41.000]  have you bothered to study the Arizona statutes?
[40:41.000 --> 40:44.000]  Not too much statute, no.
[40:44.000 --> 40:48.000]  I was kind of hoping to go with, you know,
[40:48.000 --> 40:51.000]  some of the paperwork I've filed and contract,
[40:51.000 --> 40:57.000]  kind of trying to go with contract law with not being in a contract with them
[40:57.000 --> 40:59.000]  for a driver's license.
[40:59.000 --> 41:05.000]  What gives you the idea a driver's license is a contract?
[41:05.000 --> 41:07.000]  What gave me that idea?
[41:07.000 --> 41:10.000]  Yeah.
[41:10.000 --> 41:13.000]  Just things that people have said and...
[41:13.000 --> 41:14.000]  People who?
[41:14.000 --> 41:15.000]  Search that I've done.
[41:15.000 --> 41:17.000]  I mean, nothing real concrete, but...
[41:17.000 --> 41:21.000]  People who?
[41:21.000 --> 41:26.000]  Just, yeah, Internet people and other people that I've talked to, you know.
[41:26.000 --> 41:33.000]  Do you know and trust to be truthful and honest with you in every regard?
[41:33.000 --> 41:35.000]  One of the guys I'm pretty confident, yeah.
[41:35.000 --> 41:37.000]  One of the guys, yeah.
[41:37.000 --> 41:40.000]  Which is who?
[41:40.000 --> 41:42.000]  His name's Corby.
[41:42.000 --> 41:47.000]  Corby who?
[41:47.000 --> 41:48.000]  What's that?
[41:48.000 --> 41:51.000]  Corby who?
[41:51.000 --> 41:56.000]  I don't know if he'd want me to put his name on the air like that.
[41:56.000 --> 42:02.000]  By any chance, are you talking about the no driver's license group on Yahoo?
[42:02.000 --> 42:03.000]  No, no, no.
[42:03.000 --> 42:05.000]  No, I actually seen him in court.
[42:05.000 --> 42:09.000]  I met him in court actually for...
[42:09.000 --> 42:12.000]  I was in there for...
[42:12.000 --> 42:15.000]  I think it was another job because I've had three of them since I've been in Arizona
[42:15.000 --> 42:20.000]  and driving without a license and both of them have been dismissed.
[42:20.000 --> 42:22.000]  And I'm just trying to...
[42:22.000 --> 42:24.000]  I met him in court not...
[42:24.000 --> 42:30.000]  You know, I was trying to establish myself away from the name in all capital letters.
[42:30.000 --> 42:37.000]  You know, I was trying to explain to the phallus that that wasn't me and that that was an entity,
[42:37.000 --> 42:42.000]  you know, as far as the definition of person.
[42:42.000 --> 42:44.000]  Okay.
[42:44.000 --> 42:51.000]  And what did Corby show you as to how this works for him?
[42:51.000 --> 42:58.000]  Well, we're just, you know, we kind of bounce off each other, what our beliefs are, what our thoughts are.
[42:58.000 --> 43:00.000]  And then, you know, I don't really...
[43:00.000 --> 43:06.000]  Honestly, I'm over 30, so I don't really remember going in when I was 16 and everything that I signed.
[43:06.000 --> 43:11.000]  You know, I don't remember as far as if there was any fine print.
[43:11.000 --> 43:14.000]  Okay, let me break this down for you.
[43:14.000 --> 43:21.000]  First off, it is legally impossible for a driver's license to be a contract.
[43:21.000 --> 43:24.000]  Do you know why?
[43:24.000 --> 43:26.000]  No, I do not.
[43:26.000 --> 43:30.000]  A driver's license is a contrived document.
[43:30.000 --> 43:37.000]  It is a single document built from bits and pieces of other documents.
[43:37.000 --> 43:42.000]  It cannot be a contract in any sense of the word.
[43:42.000 --> 43:46.000]  But hang on just a second, and I'll finish that up on the other side.
[43:46.000 --> 43:48.000]  So hang on, Mike.
[43:48.000 --> 43:55.000]  All right, folks, this is Rule of Law Radio 512-646-1984 as the call-in number.
[43:55.000 --> 44:00.000]  We got some callers on the board, but if you'll give us a call, we'll get to you as quick as we can.
[44:00.000 --> 44:06.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[44:06.000 --> 44:09.000]  and neither is finding like-minded people to share it with.
[44:09.000 --> 44:12.000]  Oh, well, I guess you haven't heard of Brave New Books, then.
[44:12.000 --> 44:13.000]  Brave New Books?
[44:13.000 --> 44:20.000]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[44:20.000 --> 44:24.000]  They even stock inner food, Berkey products, and Calvin Soaps.
[44:24.000 --> 44:26.000]  There's no way a place like that exists.
[44:26.000 --> 44:32.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[44:32.000 --> 44:35.000]  By UT? There's never anywhere to park down there.
[44:35.000 --> 44:43.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[44:43.000 --> 44:46.000]  It does exist, but when are they open?
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[46:00.000 --> 46:26.000]  Alright folks, we are back. This is Rule of Law Radio.
[46:26.000 --> 46:29.000]  Deborah Stevens, Randy Kelton, Eddie Craig.
[46:29.000 --> 46:33.000]  We are currently talking to Mike in Arizona, Jerry Mitchell, Keith.
[46:33.000 --> 46:37.000]  We'll see you there on the board. If you'll hang on, we'll get to you momentarily.
[46:37.000 --> 46:41.000]  Alright, Mike, let's see if we can wrap this up for you.
[46:41.000 --> 46:47.000]  Okay, now as far as a contract, the driver's license is a contrived document.
[46:47.000 --> 46:53.000]  It does not meet any of the legal requirements of a contract. Do we understand that part?
[46:53.000 --> 46:54.000]  No.
[46:54.000 --> 47:01.000]  Okay, now what it does show, however, is that you have consented to accept
[47:01.000 --> 47:08.000]  all the terms associated with acquiring the use of that license.
[47:08.000 --> 47:13.000]  Now that's a separate agreement in and of itself.
[47:13.000 --> 47:18.000]  The problem here is that once you have it, you're bound by it.
[47:18.000 --> 47:23.000]  And until you get rid of it, you're bound by it.
[47:23.000 --> 47:30.000]  And you're bound by all the rules and regulations that go with it.
[47:30.000 --> 47:36.000]  So the next question is, since that's the case, why have you not studied the statutes
[47:36.000 --> 47:41.000]  to see whether or not you are required to have one at all?
[47:41.000 --> 47:46.000]  Said if not, why not use the statutes to legally return it
[47:46.000 --> 47:52.000]  and extract yourself from their clutches?
[47:52.000 --> 47:58.000]  Okay, yeah, I just have an ID, and that's what I find all rights reserved.
[47:58.000 --> 48:05.000]  I've never had an Arizona driver's license.
[48:05.000 --> 48:11.000]  Pretty much, like I said, I was going by the law of the land, by the Supreme Court.
[48:11.000 --> 48:14.000]  You know, I figured that that was the highest ruling.
[48:14.000 --> 48:19.000]  I figured if I went straight to the top, that would make it a lot easier.
[48:19.000 --> 48:25.000]  Well, the thing is, you've got to make sure that you are using the cases in the proper context.
[48:25.000 --> 48:28.000]  You can't use a case just because it's got a few words in it
[48:28.000 --> 48:31.000]  that sound good and support your theory or your argument.
[48:31.000 --> 48:39.000]  If the issue of the case itself is not square on point with the issue you're arguing,
[48:39.000 --> 48:42.000]  the courts will ignore it.
[48:42.000 --> 48:47.000]  So if the case you're arguing was all about the size of a wagon wheel
[48:47.000 --> 48:50.000]  and they just happen to mention the right to travel,
[48:50.000 --> 48:53.000]  that is not a controlling case that's on point with your argument.
[48:53.000 --> 48:56.000]  Do you understand that?
[48:56.000 --> 48:57.000]  Yeah, I do.
[48:57.000 --> 49:03.000]  So you need to thoroughly research and read the cases to see what the issues in the case are
[49:03.000 --> 49:07.000]  before you cite them in support of your argument.
[49:07.000 --> 49:13.000]  Yeah, on the paperwork that I've actually filed with them also, you know,
[49:13.000 --> 49:18.000]  I have the definition of, you know, motor vehicle on there.
[49:18.000 --> 49:20.000]  Whose definition?
[49:20.000 --> 49:23.000]  And, I mean, it states all that and then it does.
[49:23.000 --> 49:27.000]  Whose definition, Mike?
[49:27.000 --> 49:28.000]  What's that?
[49:28.000 --> 49:31.000]  Did you use the definition from the Arizona statutes?
[49:31.000 --> 49:33.000]  Did you use the federal definition?
[49:33.000 --> 49:35.000]  Did you use Black's law?
[49:35.000 --> 49:38.000]  Whose definition did you use?
[49:38.000 --> 49:41.000]  The U.S. Code.
[49:41.000 --> 49:45.000]  Really? Are they charging you under the U.S. Code?
[49:45.000 --> 49:47.000]  Uh, whether or not.
[49:47.000 --> 49:51.000]  And how do you intend to use that definition until you tie the state statute
[49:51.000 --> 49:57.000]  and the U.S. Code together?
[49:57.000 --> 49:58.000]  All right.
[49:58.000 --> 50:00.000]  Yeah, Mike, I was going to mention also,
[50:00.000 --> 50:04.000]  you said something about you were making constitutional arguments
[50:04.000 --> 50:07.000]  because you figured it would be easier just to go to the top.
[50:07.000 --> 50:09.000]  It's really not.
[50:09.000 --> 50:13.000]  The easiest way to fight all of these kinds of situations
[50:13.000 --> 50:15.000]  is to do it from the statutory realm.
[50:15.000 --> 50:19.000]  You look at the statute under which they're charging you
[50:19.000 --> 50:22.000]  and then you prove your case from there.
[50:22.000 --> 50:25.000]  Kind of like the caller who called in a few minutes ago
[50:25.000 --> 50:29.000]  about the gun being, quote, unquote, on campus.
[50:29.000 --> 50:31.000]  Well, it turns out he really wasn't on campus
[50:31.000 --> 50:34.000]  because he was in off-campus housing
[50:34.000 --> 50:37.000]  and that statute only applies in situations
[50:37.000 --> 50:41.000]  where you're in an area of property owned by the campus
[50:41.000 --> 50:45.000]  where there is an educational facility or an athletic facility
[50:45.000 --> 50:52.000]  like the football field or the gym or the swimming pools or, you know, classrooms.
[50:52.000 --> 50:54.000]  Okay, so you look at the statute.
[50:54.000 --> 50:56.000]  You don't have to go to Second Amendment.
[50:56.000 --> 51:03.000]  Okay, you see, so it's always easier to find remedies to these kinds of problems
[51:03.000 --> 51:06.000]  by actually just looking at the statute under which they're charging you
[51:06.000 --> 51:08.000]  and if you just go straight to Constitution,
[51:08.000 --> 51:12.000]  whether it's Arizona or whether it's U.S. Constitution,
[51:12.000 --> 51:19.000]  then what you have to do at that point is get the courts to shoot down statute
[51:19.000 --> 51:23.000]  that's on the books in favor of a constitutional argument
[51:23.000 --> 51:29.000]  and that is highly unlikely to happen, almost impossible to happen,
[51:29.000 --> 51:33.000]  guaranteed it's not going to happen.
[51:33.000 --> 51:37.000]  So I say use the statute and use the code in your favor.
[51:37.000 --> 51:44.000]  That's what Eddie and I and Randy, that's what we've been teaching for years.
[51:44.000 --> 51:49.000]  Okay, what about as far as the description of like the definition?
[51:49.000 --> 51:54.000]  Well, it's the United States Code again, not the state code or state definition.
[51:54.000 --> 51:57.000]  Yeah, you need to look at the definitions under the state statute
[51:57.000 --> 52:00.000]  under which they're charging you.
[52:00.000 --> 52:04.000]  And I think the point that Eddie was trying to get to earlier by saying
[52:04.000 --> 52:08.000]  read the statute to see if it actually applies to you,
[52:08.000 --> 52:12.000]  to see if it's actually requiring you to have a license,
[52:12.000 --> 52:16.000]  where he was heading with that is that most likely the answer is no
[52:16.000 --> 52:20.000]  because in most states, in fact I'm pretty sure in all states,
[52:20.000 --> 52:26.000]  the transportation code only requires a license for entities
[52:26.000 --> 52:29.000]  that are engaged in commerce on the roadways.
[52:29.000 --> 52:35.000]  In other words, an entity has to be transporting goods or passengers for hire
[52:35.000 --> 52:41.000]  from point A to point B in order for any of the transportation code to apply,
[52:41.000 --> 52:46.000]  including the requirement for having a license.
[52:46.000 --> 52:50.000]  And so if you were just a traveler, then the code doesn't apply to you.
[52:50.000 --> 52:53.000]  And so you don't even need to go to Constitution on that one,
[52:53.000 --> 52:56.000]  you just show that you weren't in commerce.
[52:56.000 --> 53:00.000]  And there's other remedies within the statute as well.
[53:00.000 --> 53:02.000]  Eddie, you have comments?
[53:02.000 --> 53:03.000]  Exactly.
[53:03.000 --> 53:07.000]  That's what I was going to ask next is what if I just declared I wasn't in commerce?
[53:07.000 --> 53:10.000]  Well, you have to read the statute first because a lot of times
[53:10.000 --> 53:14.000]  that is a difficult argument to make that could get shot down,
[53:14.000 --> 53:16.000]  even though it's a statutory argument.
[53:16.000 --> 53:19.000]  The presumption is that you are.
[53:19.000 --> 53:22.000]  You have to be able to show how you aren't.
[53:22.000 --> 53:26.000]  Well, and there's other remedies too, like safer speeding tickets.
[53:26.000 --> 53:33.000]  Under the Texas statute, if your vehicle or if your private conveyance
[53:33.000 --> 53:39.000]  was traveling at a velocity that exceeded the posted speed limit on the sign,
[53:39.000 --> 53:42.000]  that doesn't necessarily mean you were speeding.
[53:42.000 --> 53:48.000]  They have to prove up other elements in order to successfully get a speeding conviction,
[53:48.000 --> 53:53.000]  like namely that you were driving recklessly or you damaged somebody's property
[53:53.000 --> 53:55.000]  or something like that.
[53:55.000 --> 53:59.000]  And so then we don't even need to go to the commerce issue for a speeding ticket.
[53:59.000 --> 54:03.000]  So it's always better to look at what the specifics of the statute say
[54:03.000 --> 54:06.000]  and then try to come up with the easiest remedy possible
[54:06.000 --> 54:10.000]  where you have to argue your rights the least
[54:10.000 --> 54:16.000]  and just nail them on procedural matters.
[54:16.000 --> 54:18.000]  Okay.
[54:18.000 --> 54:22.000]  Nail them with their own written, locally written laws.
[54:22.000 --> 54:25.000]  Yes, yes, it's always much easier to do it that way
[54:25.000 --> 54:29.000]  or to like say for example if they were supposed to have a complaint in the file.
[54:29.000 --> 54:32.000]  Is the citation sufficient on its face to be a complaint?
[54:32.000 --> 54:34.000]  In Texas it's not.
[54:34.000 --> 54:36.000]  So if there's no complaint in the file,
[54:36.000 --> 54:39.000]  that's a procedural error that's fatal to their case.
[54:39.000 --> 54:42.000]  You don't even have to argue your rights or commerce or anything.
[54:42.000 --> 54:47.000]  So you always look for the easiest argument, the easiest way out,
[54:47.000 --> 54:49.000]  and look at procedure first.
[54:49.000 --> 54:51.000]  And look at, you have to read the code.
[54:51.000 --> 54:54.000]  You have to read the statutes in the state.
[54:54.000 --> 54:56.000]  Okay, does that make sense, Mike?
[54:56.000 --> 55:01.000]  Just to keep avoiding them from taking my car every time they pulled me over.
[55:01.000 --> 55:06.000]  Try suing them a few times for theft of private property.
[55:06.000 --> 55:10.000]  Yes, that's what I actually handed the officer.
[55:10.000 --> 55:16.000]  But the question is, did you ever go research the statute they're saying allows them to take the car
[55:16.000 --> 55:20.000]  to see who it applies to and when they can actually take a car.
[55:20.000 --> 55:25.000]  In Texas they like to tow them, you know, just because they can.
[55:25.000 --> 55:27.000]  Yet the law is very clear.
[55:27.000 --> 55:31.000]  It can only be towed if it's an out of service commercial vehicle
[55:31.000 --> 55:36.000]  or it is blocking the passage of traffic
[55:36.000 --> 55:41.000]  or is an actual public safety hazard because of where it is.
[55:41.000 --> 55:43.000]  Yeah, and we're fortunate that that's what the law is.
[55:43.000 --> 55:45.000]  Because in some states, if you don't have a driver's license,
[55:45.000 --> 55:47.000]  they can impound your car for 30 days.
[55:47.000 --> 55:49.000]  I know it's like that in California.
[55:49.000 --> 55:52.000]  That's one of the big arguments against the DUI checkpoints
[55:52.000 --> 55:57.000]  is that it has a result of massive numbers of impoundments
[55:57.000 --> 55:59.000]  because they're checking people's driver's licenses, too.
[55:59.000 --> 56:02.000]  And if they don't have a driver's license, they take the car and keep it for 30 days.
[56:02.000 --> 56:05.000]  And then what ends up happening is most people can't afford to get it out
[56:05.000 --> 56:09.000]  because the impound fee is so high, and so then they just lose the car.
[56:09.000 --> 56:10.000]  It gets stolen.
[56:10.000 --> 56:14.000]  And so that is one of the big criticisms of the sobriety checkpoints in California.
[56:14.000 --> 56:17.000]  So you may want to look in the state of Arizona statute
[56:17.000 --> 56:19.000]  and see if they have that same statute.
[56:19.000 --> 56:21.000]  I have a feeling they do.
[56:21.000 --> 56:22.000]  Yeah, I'm sure.
[56:22.000 --> 56:24.000]  Because they have that specific number, 30 days.
[56:24.000 --> 56:27.000]  I'm just going to the extreme and going to the top,
[56:27.000 --> 56:31.000]  and I'm just overdoing it when I can look right here in the local stuff.
[56:31.000 --> 56:32.000]  Right.
[56:32.000 --> 56:34.000]  That's where you should start.
[56:34.000 --> 56:36.000]  Mike, can we wrap this up?
[56:36.000 --> 56:38.000]  Because we've got a bunch of other callers on the board,
[56:38.000 --> 56:40.000]  and we're running out of time on this segment.
[56:40.000 --> 56:42.000]  I appreciate it, guys.
[56:42.000 --> 56:43.000]  All right.
[56:43.000 --> 56:45.000]  Thanks for calling in, Mike.
[56:45.000 --> 56:49.000]  Okay, let's go to Jerry in Texas.
[56:49.000 --> 56:51.000]  Jerry, how can we help you?
[56:51.000 --> 56:56.000]  Well, I was just going to bring you up to date on what we were talking about the other day.
[56:56.000 --> 57:00.000]  And I got the young fellow here that went through all of this stuff.
[57:00.000 --> 57:07.000]  They put him in handcuffs, took him downstairs, and kept him down there.
[57:07.000 --> 57:09.000]  We were there about 9 o'clock in the morning,
[57:09.000 --> 57:12.000]  and he was about the first one called up there.
[57:12.000 --> 57:17.000]  And he told me he had his bill particular filed in and wouldn't enter in.
[57:17.000 --> 57:20.000]  So they put him in handcuffs, sent him downstairs,
[57:20.000 --> 57:25.000]  and just held him down there until everybody else was gone,
[57:25.000 --> 57:28.000]  and then brought him back up there, and there was nobody in the courtroom
[57:28.000 --> 57:33.000]  except the judge and this young fellow, the court reporter and a bailiff.
[57:33.000 --> 57:36.000]  And he kept trying to get more information out of him,
[57:36.000 --> 57:40.000]  and he kept telling him that he had filed a bill particular with a prosecutor
[57:40.000 --> 57:45.000]  for the nature and the cause of the charges to know that,
[57:45.000 --> 57:47.000]  and that he couldn't answer his question.
[57:47.000 --> 57:54.000]  So they sent him back down there and held him down there until 5 o'clock in the afternoon.
[57:54.000 --> 57:57.000]  The judge left about 3, just held him downstairs at about 5,
[57:57.000 --> 58:01.000]  and then a deputy, I reckon, carried him and put him in jail.
[58:01.000 --> 58:08.000]  But get this, on the way to the jail, he asked him if he knew Randy Galton.
[58:08.000 --> 58:13.000]  He said he's had a lot of trouble with this court.
[58:13.000 --> 58:21.000]  But I was going to let you talk with him, and I guess we can do it after the break.
[58:21.000 --> 58:23.000]  Okay, well, Randy isn't with us tonight.
[58:23.000 --> 58:26.000]  He doesn't do Monday nights with us. He does Thursday and Friday nights.
[58:26.000 --> 58:30.000]  I know that, but I thought y'all could relay that to him.
[58:30.000 --> 58:32.000]  He would probably find that very interesting.
[58:32.000 --> 58:35.000]  Okay, well, you could call in on Thursday also, and we'll tell him.
[58:35.000 --> 58:39.000]  Okay. Can we come back after?
[58:39.000 --> 58:41.000]  Yeah, just stay right there, Jerry.
[58:41.000 --> 58:42.000]  Okay.
[58:42.000 --> 58:43.000]  All right, we'll be right back, folks.
[58:43.000 --> 58:44.000]  This is rule of law.
[58:44.000 --> 58:46.000]  We're going to the top of the hour break.
[58:46.000 --> 58:48.000]  We've got one more hour tonight.
[58:48.000 --> 58:52.000]  It is Monday night. It is April 18th.
[58:52.000 --> 58:53.000]  It's Eddie's night, traffic night.
[58:53.000 --> 58:56.000]  We will be right back after the INN Wall Report news.
[59:23.000 --> 59:28.000]  But the real story is the more than 9,000 explanatory footnotes.
[59:28.000 --> 59:32.000]  Difficult and profound passages are opened up in a marvelous way,
[59:32.000 --> 59:38.000]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:38.000 --> 59:43.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.000 --> 59:53.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.000 --> 59:57.000]  or by ordering online at freestudybible.com.
[59:57.000 --> 01:00:00.000]  That's freestudybible.com.
[01:00:00.000 --> 01:00:04.000]  This news brief brought to you by the International News Network.
[01:00:04.000 --> 01:00:10.000]  Forbes Magazine reported Saturday Wisconsin Governor Scott Walker plans to follow the lead
[01:00:10.000 --> 01:00:16.000]  of Michigan GOP Governor Rick Snyder and take over local municipalities facing money troubles.
[01:00:16.000 --> 01:00:19.000]  Should a local government's financial position come up short,
[01:00:19.000 --> 01:00:24.000]  the governor could appoint a financial manager with the power to cancel union contracts,
[01:00:24.000 --> 01:00:30.000]  push aside elected officials, and take control of Wisconsin towns and cities.
[01:00:30.000 --> 01:00:36.000]  China's state-run media reported Monday 500 dogs being trucked to restaurants were spared
[01:00:36.000 --> 01:00:40.000]  after animal lovers mobilized to stop them ending up on dinner tables.
[01:00:40.000 --> 01:00:45.000]  An activist forced a truck crammed with dogs to stop Friday in Beijing,
[01:00:45.000 --> 01:00:52.000]  then used his blog to alert animal rights campaigners who surrounded the truck and held up traffic for hours.
[01:00:52.000 --> 01:00:57.000]  An animal protection group purchased the dogs for $17,600.
[01:00:57.000 --> 01:01:03.000]  A man in Afghan military uniform entered the Ministry of Defense in Kabul Monday,
[01:01:03.000 --> 01:01:06.000]  opened fire and killed at least two people.
[01:01:06.000 --> 01:01:10.000]  This is the third time in four days an attacker dressed in uniform has killed people
[01:01:10.000 --> 01:01:13.000]  after infiltrating a secure compound.
[01:01:13.000 --> 01:01:18.000]  Observers believe insurgents are shifting their focus from direct engagements
[01:01:18.000 --> 01:01:23.000]  and infiltrating Afghanistan's security forces instead.
[01:01:23.000 --> 01:01:30.000]  Recent military engagements by France in Libya and the Ivory Coast have led to accusations of neocolonialism.
[01:01:30.000 --> 01:01:35.000]  Observers say President Nicolas Sarkozy is harking back to the days of France's African policy,
[01:01:35.000 --> 01:01:42.000]  France Afrique, when the French army dictated politics in its former colonies and reaped economic rewards.
[01:01:42.000 --> 01:01:48.000]  French troops and helicopters recently struck the presidential palace of Laurent Bagbo in Côte d'Ivoire,
[01:01:48.000 --> 01:01:53.000]  and France has pushed hardest among NATO allies for intervention in Libya.
[01:01:53.000 --> 01:01:58.000]  Although France's colonies in North and West Africa were granted independence in the 1960s,
[01:01:58.000 --> 01:02:04.000]  France still has troops based there and close business and political ties to its former colonies.
[01:02:04.000 --> 01:02:09.000]  Historian Achille Monbet notes that while France has intervened in Libya and Ivory Coast
[01:02:09.000 --> 01:02:18.000]  for supposed humanitarian reasons, it continues to support African dictators in Gabon, Cameroon, Congo, Chad and Togo,
[01:02:18.000 --> 01:02:25.000]  adding there is a continuity in the management of France Afrique, this system of reciprocal corruption.
[01:02:25.000 --> 01:02:32.000]  WikiLeak diplomatic cables show the U.S. Nuclear Regulatory Commission is sometimes used as a sales tool
[01:02:32.000 --> 01:02:36.000]  to help push U.S. nuclear technology abroad.
[01:02:36.000 --> 01:02:41.000]  The cables show U.S. embassies have pulled in the NRC when lobbying for the sale of equipment
[01:02:41.000 --> 01:02:44.000]  made by Westinghouse and other manufacturers.
[01:02:44.000 --> 01:02:51.000]  The subject comes in the midst of widespread concerns about whether the operator of the stricken Fukushima nuclear power plant,
[01:02:51.000 --> 01:02:58.000]  which was designed by U.S. conglomerate General Electric, had been properly supervised by the Japanese NRC's equivalent.
[01:02:58.000 --> 01:03:04.000]  For more details on this story, visit INSWorldRecord.net.
[01:03:08.000 --> 01:03:14.000]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com,
[01:03:14.000 --> 01:03:22.000]  live free speech talk radio at its best.
[01:03:45.000 --> 01:03:50.000]  All right, folks, we are back at this Rule of Law Radio.
[01:03:50.000 --> 01:03:55.000]  We have Jerry, Mitchell, Dahr in California, Keith, John and Hondo.
[01:03:55.000 --> 01:03:59.000]  Hang in there, folks. We'll try to get with you. Let's go ahead and finish up with Jerry.
[01:03:59.000 --> 01:04:01.000]  All right, Jerry, please go ahead.
[01:04:01.000 --> 01:04:07.000]  Okay. We kind of got a sneaking idea that they tampered with the court reporter's record
[01:04:07.000 --> 01:04:12.000]  because whenever they brought him back up there, that judge had been over talking to her
[01:04:12.000 --> 01:04:17.000]  and putting things on the record, and they wouldn't hardly let him put anything on there.
[01:04:17.000 --> 01:04:23.000]  So I'm just wondering what kind of – I know we need to go ask for the record to see what's there.
[01:04:23.000 --> 01:04:29.000]  But they just found him in contempt, made him –
[01:04:29.000 --> 01:04:35.000]  forfeited the bond he had had there and made him put up another bond to get out of jail.
[01:04:35.000 --> 01:04:41.000]  But I'll let you talk with him, and you probably can ask him some questions that he can explain better than I can,
[01:04:41.000 --> 01:04:51.000]  because he's the one who went through it. So here he is. His name is Greg. Hello? This is Greg.
[01:04:51.000 --> 01:04:52.000]  Yeah, Greg. How are you?
[01:04:52.000 --> 01:04:54.000]  I'm fine. How are you doing?
[01:04:54.000 --> 01:04:59.000]  Great. What exactly was the issue with the contempt charge?
[01:04:59.000 --> 01:05:05.000]  I wouldn't answer the question to the judge asking my name.
[01:05:05.000 --> 01:05:11.000]  I just told him I had filed the inability particulars, and until I know the nature and cause of the charges,
[01:05:11.000 --> 01:05:14.000]  I can't grant him jurisdiction in the courtroom.
[01:05:14.000 --> 01:05:18.000]  Okay. First thing is you don't grant him jurisdiction.
[01:05:18.000 --> 01:05:24.000]  The only thing you can do is waive in personum, but you can't grant him anything.
[01:05:24.000 --> 01:05:25.000]  Okay.
[01:05:25.000 --> 01:05:30.000]  He either has jurisdiction as a matter of law, and he has to have three.
[01:05:30.000 --> 01:05:35.000]  He has to have venue, he has to have subject matter, and he has to have in personum.
[01:05:35.000 --> 01:05:40.000]  If he does not have all three of those, he has none. Okay?
[01:05:40.000 --> 01:05:48.000]  But you can't grant him anything other than the in personum. Are you with me on that?
[01:05:48.000 --> 01:05:49.000]  The in personum?
[01:05:49.000 --> 01:05:52.000]  The in personum, meaning of the person.
[01:05:52.000 --> 01:05:53.000]  Okay.
[01:05:53.000 --> 01:06:01.000]  All right. Now, you can only grant in personum if the law the judge is using that gives him subject matter
[01:06:01.000 --> 01:06:07.000]  and venue applies to the personum in the first place.
[01:06:07.000 --> 01:06:08.000]  Okay?
[01:06:08.000 --> 01:06:09.000]  Okay.
[01:06:09.000 --> 01:06:16.000]  So in that particular instance, you wouldn't give him your name, so he held you in contempt?
[01:06:16.000 --> 01:06:17.000]  Yes.
[01:06:17.000 --> 01:06:25.000]  Okay. And how did you lose the first bond? How did they find that that was forfeit?
[01:06:25.000 --> 01:06:32.000]  That's something that, you know, I'm yet to understand because as soon as he held me in contempt,
[01:06:32.000 --> 01:06:38.000]  he made him take me down to the holding area in the bottom of the jail or in the bottom of the courthouse,
[01:06:38.000 --> 01:06:43.000]  and he sent down another bond paper saying that my bond set at $5,000,
[01:06:43.000 --> 01:06:48.000]  but my bail bondsman never went off of the first bond himself, you know.
[01:06:48.000 --> 01:06:53.000]  He took my bond pretty much is what happened.
[01:06:53.000 --> 01:06:58.000]  Did he revoke your bond or did he forfeit your bond?
[01:06:58.000 --> 01:07:02.000]  I'm guessing he – I'm not really sure which one he did.
[01:07:02.000 --> 01:07:07.000]  Well, there's a large difference. Forfeit means that they get to keep it.
[01:07:07.000 --> 01:07:15.000]  Revoked it means that it was rescinded and you had to post a new one if you posted one at all,
[01:07:15.000 --> 01:07:18.000]  and your bail bondsman is off the hook.
[01:07:18.000 --> 01:07:21.000]  Okay. Then he revoked it.
[01:07:21.000 --> 01:07:24.000]  Okay.
[01:07:24.000 --> 01:07:29.000]  All right. So it was not – all right.
[01:07:29.000 --> 01:07:32.000]  What is the issue that you're there for to begin with?
[01:07:32.000 --> 01:07:35.000]  Driving with the license invalid.
[01:07:35.000 --> 01:07:42.000]  And, okay, there are specifics as to how that charge must play out.
[01:07:42.000 --> 01:07:44.000]  First off, do you have a license?
[01:07:44.000 --> 01:07:46.000]  I do now, yes.
[01:07:46.000 --> 01:07:48.000]  Is it expired?
[01:07:48.000 --> 01:07:49.000]  It's not anymore.
[01:07:49.000 --> 01:07:53.000]  I just got it reinstated actually the day before I went to court.
[01:07:53.000 --> 01:07:55.000]  When did it expire?
[01:07:55.000 --> 01:07:58.000]  It was suspended due to –
[01:07:58.000 --> 01:07:59.000]  Wait, wait, wait.
[01:07:59.000 --> 01:08:00.000]  Answer this question first.
[01:08:00.000 --> 01:08:03.000]  When did it expire?
[01:08:03.000 --> 01:08:04.000]  It hasn't.
[01:08:04.000 --> 01:08:06.000]  It never expired.
[01:08:06.000 --> 01:08:08.000]  No, sir.
[01:08:08.000 --> 01:08:12.000]  Okay. Then when was it suspended?
[01:08:12.000 --> 01:08:20.000]  It was suspended sometime around May or June of 2010.
[01:08:20.000 --> 01:08:21.000]  For?
[01:08:21.000 --> 01:08:28.000]  For nonpayment of a surcharge.
[01:08:28.000 --> 01:08:31.000]  Okay.
[01:08:31.000 --> 01:08:35.000]  And then you went and got a new license or you got it renewed?
[01:08:35.000 --> 01:08:41.000]  I just had it reinstated not too long ago, probably about three weeks ago.
[01:08:41.000 --> 01:08:43.000]  Because you paid the surcharge?
[01:08:43.000 --> 01:08:44.000]  Yes.
[01:08:44.000 --> 01:08:47.000]  Well, actually I went to the amnesty program, I'm sorry,
[01:08:47.000 --> 01:08:53.000]  and they deleted all the surcharge I had and told me I just needed to pay the
[01:08:53.000 --> 01:08:57.000]  reinstatement fee of $100 and that was it.
[01:08:57.000 --> 01:08:58.000]  Okay, which you did.
[01:08:58.000 --> 01:08:59.000]  Yes, sir.
[01:08:59.000 --> 01:09:03.000]  So why are you still in court?
[01:09:03.000 --> 01:09:06.000]  That's another good question.
[01:09:06.000 --> 01:09:12.000]  My attorney decided he didn't want to represent me actually the day that we went.
[01:09:12.000 --> 01:09:16.000]  Well, but I mean if the entire issue is based upon driving with the license
[01:09:16.000 --> 01:09:22.000]  invalid and that has been rectified, why are you still in court?
[01:09:22.000 --> 01:09:26.000]  Because they set dates for the jury trial.
[01:09:26.000 --> 01:09:31.000]  I told my attorney I wanted and pretty much I guess they're trying to follow
[01:09:31.000 --> 01:09:36.000]  through with that.
[01:09:36.000 --> 01:09:37.000]  Okay.
[01:09:37.000 --> 01:09:41.000]  So they're still trying to convict you under a charge that they've already
[01:09:41.000 --> 01:09:46.000]  given you a way out of by getting the license renewed or did they not make
[01:09:46.000 --> 01:09:48.000]  that a part of the offer?
[01:09:48.000 --> 01:09:52.000]  I guess they never made that a part of the offer, really.
[01:09:52.000 --> 01:09:56.000]  Okay, so now you're going in for a Class B misdemeanor for driving while
[01:09:56.000 --> 01:09:58.000]  license invalid.
[01:09:58.000 --> 01:10:02.000]  Actually they had tried to enhance it to a Class A misdemeanor because of
[01:10:02.000 --> 01:10:07.000]  previous convictions I've had with it.
[01:10:07.000 --> 01:10:09.000]  And did they?
[01:10:09.000 --> 01:10:12.000]  To two years in jail I guess.
[01:10:12.000 --> 01:10:13.000]  Did they?
[01:10:13.000 --> 01:10:14.000]  Did they what?
[01:10:14.000 --> 01:10:15.000]  No.
[01:10:15.000 --> 01:10:18.000]  Have they done that or are they leaving it at a Class B?
[01:10:18.000 --> 01:10:20.000]  No, they've enhanced it.
[01:10:20.000 --> 01:10:26.000]  I mean ever since I've had the court appearance for since the beginning,
[01:10:26.000 --> 01:10:29.000]  they've had it enhanced to Class A.
[01:10:29.000 --> 01:10:30.000]  Okay.
[01:10:30.000 --> 01:10:32.000]  And what is your attorney doing?
[01:10:32.000 --> 01:10:35.000]  He's not my attorney at this moment.
[01:10:35.000 --> 01:10:40.000]  I signed a contract to let him off the hook so he wouldn't be my attorney
[01:10:40.000 --> 01:10:41.000]  anymore.
[01:10:41.000 --> 01:10:42.000]  Okay.
[01:10:42.000 --> 01:10:44.000]  Do you have a copy of the criminal complaint?
[01:10:44.000 --> 01:10:46.000]  There isn't one in the court document.
[01:10:46.000 --> 01:10:49.000]  There's no complaint and there's no information?
[01:10:49.000 --> 01:10:51.000]  No, sir.
[01:10:51.000 --> 01:10:52.000]  Then they have a problem.
[01:10:52.000 --> 01:10:56.000]  How are they proceeding to court without any jurisdiction?
[01:10:56.000 --> 01:10:58.000]  That's what I've been wondering myself.
[01:10:58.000 --> 01:11:02.000]  Then you need to file a judicial conduct complaint against this judge and a
[01:11:02.000 --> 01:11:08.000]  motion to recuse, but you file a J.C. for every single thing this judge has
[01:11:08.000 --> 01:11:11.000]  done without jurisdiction.
[01:11:11.000 --> 01:11:14.000]  A judicial conduct complaint?
[01:11:14.000 --> 01:11:19.000]  Correct, and then you file the motion to recuse for acting without
[01:11:19.000 --> 01:11:27.000]  jurisdiction and you cite the judicial conduct complaints attesting to the
[01:11:27.000 --> 01:11:32.000]  dates, times, and places when these violations of law occurred and the
[01:11:32.000 --> 01:11:37.000]  violations of his ministerial duty under that law.
[01:11:37.000 --> 01:11:42.000]  Okay.
[01:11:42.000 --> 01:11:49.000]  Then you bargrieve the prosecuting attorney and then you also file a motion
[01:11:49.000 --> 01:11:58.000]  to dismiss denial of due process failure to prosecute.
[01:11:58.000 --> 01:12:02.000]  One second.
[01:12:02.000 --> 01:12:05.000]  What was the last part, the motion to dismiss?
[01:12:05.000 --> 01:12:10.000]  You file a motion to dismiss and you cite in there as your cause failure to
[01:12:10.000 --> 01:12:11.000]  prosecute.
[01:12:11.000 --> 01:12:16.000]  If they get a complaint or charging instrument, there's nothing to go to
[01:12:16.000 --> 01:12:17.000]  court over.
[01:12:17.000 --> 01:12:21.000]  I'm sorry, Eddie, I didn't mean to interrupt you.
[01:12:21.000 --> 01:12:25.000]  We do have archives on this too, Jerry.
[01:12:25.000 --> 01:12:26.000]  Okay.
[01:12:26.000 --> 01:12:29.000]  You can go back and download the archives and listen to everything that
[01:12:29.000 --> 01:12:30.000]  Eddie's saying.
[01:12:30.000 --> 01:12:31.000]  Okay.
[01:12:31.000 --> 01:12:33.000]  Yes, that's what Jerry had informed me of.
[01:12:33.000 --> 01:12:34.000]  This is Greg, by the way.
[01:12:34.000 --> 01:12:35.000]  Okay, Greg.
[01:12:35.000 --> 01:12:36.000]  Sorry.
[01:12:36.000 --> 01:12:37.000]  I saw Jerry on the board.
[01:12:37.000 --> 01:12:38.000]  Sorry.
[01:12:38.000 --> 01:12:39.000]  That's fine.
[01:12:39.000 --> 01:12:41.000]  But that's the first thing you need to get in the hopper.
[01:12:41.000 --> 01:12:46.000]  Judiciary conduct, complaint to judge, file a motion to recuse against the
[01:12:46.000 --> 01:12:47.000]  judge.
[01:12:47.000 --> 01:12:48.000]  Okay.
[01:12:48.000 --> 01:12:52.000]  Then file a bar grievance against the prosecuting attorney and then get your
[01:12:52.000 --> 01:12:56.000]  other motion, oh, do not forget to file a bar grievance also for
[01:12:56.000 --> 01:13:02.000]  prosecutorial misconduct.
[01:13:02.000 --> 01:13:15.000]  All right, for prosecutorial misconduct.
[01:13:15.000 --> 01:13:17.000]  All right, I got all that done.
[01:13:17.000 --> 01:13:18.000]  Okay.
[01:13:18.000 --> 01:13:21.000]  Those are the things you need to get done immediately.
[01:13:21.000 --> 01:13:22.000]  All right.
[01:13:22.000 --> 01:13:26.000]  I just got some money today to get, you know, everything done that I need to
[01:13:26.000 --> 01:13:32.000]  because it's a little bit of a ways away, but I'm going to start this process
[01:13:32.000 --> 01:13:36.000]  tomorrow, actually, right after I drop off my kid at school.
[01:13:36.000 --> 01:13:37.000]  Okay.
[01:13:37.000 --> 01:13:39.000]  All right, is that all?
[01:13:39.000 --> 01:13:43.000]  That's all you need to get done at the moment, but make sure you do it.
[01:13:43.000 --> 01:13:46.000]  All right, I'm on it right now.
[01:13:46.000 --> 01:13:47.000]  Okay.
[01:13:47.000 --> 01:13:48.000]  Thank you.
[01:13:48.000 --> 01:13:49.000]  Thanks for calling in.
[01:13:49.000 --> 01:13:50.000]  Thank you.
[01:13:50.000 --> 01:13:51.000]  All right, bye-bye.
[01:13:51.000 --> 01:13:52.000]  Bye.
[01:13:52.000 --> 01:13:57.000]  All right, now let's go to Mitchell in Texas.
[01:13:57.000 --> 01:13:59.000]  Mitchell, what can we do for you?
[01:13:59.000 --> 01:14:04.000]  Hey, guys, I'm dealing with a situation where someone who has a commercial
[01:14:04.000 --> 01:14:09.000]  driver's license and was operating commercially, was engaged in business,
[01:14:09.000 --> 01:14:15.000]  transporting passengers, was issued a citation for a fairly minor traffic
[01:14:15.000 --> 01:14:20.000]  violation, and I want to be slightly vague about the specifics of the case,
[01:14:20.000 --> 01:14:24.000]  but I've got a couple questions surrounding it.
[01:14:24.000 --> 01:14:25.000]  Okay.
[01:14:25.000 --> 01:14:29.000]  The first thing is when the citation, and I know you've gone over this quite a
[01:14:29.000 --> 01:14:34.000]  bit, and because I hadn't been involved in traffic stuff, I probably wasn't
[01:14:34.000 --> 01:14:40.000]  paying as much attention as would have been helpful, but when the citation
[01:14:40.000 --> 01:14:48.000]  is issued, and this is here in Austin, is the hearing that the citation says
[01:14:48.000 --> 01:14:55.000]  that the person must attend, is that essentially the arraignment?
[01:14:55.000 --> 01:15:00.000]  No, it is what is supposed to be done in accordance with 1517 Code of
[01:15:00.000 --> 01:15:03.000]  Criminal Procedure.
[01:15:03.000 --> 01:15:07.000]  What is supposed to happen is when you make an appearance on the citation
[01:15:07.000 --> 01:15:13.000]  that's issued under 543 Transportation Code, the very next thing that is
[01:15:13.000 --> 01:15:22.000]  invoked if you go to court in accordance with the promise to appear is 15.17G,
[01:15:22.000 --> 01:15:28.000]  as in George, which directs the magistrate to do everything that is in
[01:15:28.000 --> 01:15:31.000]  15.17.
[01:15:31.000 --> 01:15:34.000]  That is what's supposed to happen.
[01:15:34.000 --> 01:15:39.000]  That is what never happens.
[01:15:39.000 --> 01:15:44.000]  Okay, great, so that's my next thing to look at.
[01:15:44.000 --> 01:15:48.000]  In accordance with that, well, let me answer this.
[01:15:48.000 --> 01:15:52.000]  What is the difference between that and an arraignment?
[01:15:52.000 --> 01:15:53.000]  I mean, what is...
[01:15:53.000 --> 01:15:54.000]  There's a world of difference.
[01:15:54.000 --> 01:15:58.000]  You cannot appear at an arraignment until an order to appear at arraignment is
[01:15:58.000 --> 01:16:04.000]  issued at the 1517 proceeding.
[01:16:04.000 --> 01:16:09.000]  In general, what is supposed to happen at the 1517 hearing?
[01:16:09.000 --> 01:16:11.000]  Read 1517.
[01:16:11.000 --> 01:16:16.000]  It will tell you the judge is supposed to read the individual their rights,
[01:16:16.000 --> 01:16:20.000]  determine whether or not they require assistance of counsel, determine whether
[01:16:20.000 --> 01:16:25.000]  or not they're indigent, whether or not they're deaf, whether or not they
[01:16:25.000 --> 01:16:28.000]  understand the English language.
[01:16:28.000 --> 01:16:35.000]  And if all of those things are done, then the judge in 1517B will prepare a
[01:16:35.000 --> 01:16:42.000]  written order, which the judge must sign, stating the date and time to appear
[01:16:42.000 --> 01:16:46.000]  in another court for the purpose of arraignment.
[01:16:46.000 --> 01:16:49.000]  And a copy must be given to the defendant.
[01:16:49.000 --> 01:16:51.000]  But hang on just a second, Mitchell.
[01:16:51.000 --> 01:16:52.000]  We're going to go to break.
[01:16:52.000 --> 01:16:53.000]  We'll be right back.
[01:16:53.000 --> 01:16:58.000]  This is Rule of Law Radio 512-646-1984.
[01:16:58.000 --> 01:17:01.000]  We'll be right back, folks.
[01:17:01.000 --> 01:17:05.000]  Capital Coin and Bullion is your local source for rare coins, precious metals,
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[01:17:21.000 --> 01:17:26.000]  We're located at 7304 Burnet Road Suite A, 1.2 miles north on Burnet from our
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[01:17:28.000 --> 01:17:31.000]  We're on the west side of Burnet Road in the Stanley Insurance Building on the
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[01:17:56.000 --> 01:18:00.000]  Or call 512-646-6440.
[01:18:00.000 --> 01:18:04.000]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.000 --> 01:18:08.000]  We specialize in showing people how to strike back against corrupt public
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[01:18:09.000 --> 01:18:13.000]  With the mortgage crisis worsening, we set our sights on finding a remedy for
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[01:18:16.000 --> 01:18:20.000]  If you have a mortgage or have paid yours off, you have probably been cheated
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[01:18:22.000 --> 01:18:31.000]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to
[01:18:31.000 --> 01:18:35.000]  use the consumer protection laws to recover what the lenders have stolen
[01:18:35.000 --> 01:18:37.000]  through fraud and deception.
[01:18:37.000 --> 01:18:41.000]  We will prepare for you a qualified written request that will expose the
[01:18:41.000 --> 01:18:44.000]  fraud and put the lenders on the dime.
[01:18:44.000 --> 01:18:48.000]  Under fraud is bankrupting this country and it's time to fight back.
[01:18:48.000 --> 01:18:56.000]  Go to remediesinrealestate.com or call 512-430-4140 and get the information
[01:18:56.000 --> 01:19:00.000]  you need to stop the money changers in their tracks.
[01:19:00.000 --> 01:19:27.000]  All right, folks, we are back, Rule of Law Radio.
[01:19:27.000 --> 01:19:31.000]  All right, Mitchell, let's go ahead and see if we can finish you up here.
[01:19:31.000 --> 01:19:35.000]  Okay, so, and I just read through the code portion that you referred me to,
[01:19:35.000 --> 01:19:39.000]  so I'm up to speed there or nearly up to speed.
[01:19:39.000 --> 01:19:46.000]  At that hearing, though, is the officer who is making the accusation required
[01:19:46.000 --> 01:19:49.000]  to be there?
[01:19:49.000 --> 01:19:53.000]  At the 1517, no.
[01:19:53.000 --> 01:20:02.000]  Okay, and at that 1517, is the actual statute that is the asserted violation,
[01:20:02.000 --> 01:20:04.000]  must that be presented?
[01:20:04.000 --> 01:20:09.000]  And the reason I ask that is because on the citation, it does not have, as you
[01:20:09.000 --> 01:20:16.000]  know, any ordinance number, it's just sort of a vague description of something
[01:20:16.000 --> 01:20:21.000]  that possibly could relate to an ordinance infraction.
[01:20:21.000 --> 01:20:22.000]  Okay.
[01:20:22.000 --> 01:20:25.000]  At what point, I guess what I'm asking is at what point, what's the earliest
[01:20:25.000 --> 01:20:29.000]  time they must present some...
[01:20:29.000 --> 01:20:33.000]  It must be in the complaint without an actual signed and verified the
[01:20:33.000 --> 01:20:37.000]  complaint at the 1517 proceeding.
[01:20:37.000 --> 01:20:41.000]  There is nowhere else that that can be.
[01:20:41.000 --> 01:20:43.000]  It must be in the complaint.
[01:20:43.000 --> 01:20:46.000]  The complaint is required to be specific.
[01:20:46.000 --> 01:20:52.000]  It is not required to have every element of the charge, but it is required to
[01:20:52.000 --> 01:20:58.000]  give you proper notice of the charge and where to defend against it.
[01:20:58.000 --> 01:21:04.000]  So it has to cite the code or statute that it's charging you under.
[01:21:04.000 --> 01:21:07.000]  What if that complaint is not at this hearing?
[01:21:07.000 --> 01:21:11.000]  If it's not at the hearing, then the court lacks jurisdiction.
[01:21:11.000 --> 01:21:14.000]  You demand a dismissal for lack of jurisdiction.
[01:21:14.000 --> 01:21:18.000]  There is no complaint before the court.
[01:21:18.000 --> 01:21:23.000]  You would verbally move the court for dismissal for lack of jurisdiction
[01:21:23.000 --> 01:21:26.000]  because there's no complaint on the record.
[01:21:26.000 --> 01:21:27.000]  Got it.
[01:21:27.000 --> 01:21:29.000]  It would be a verbal motion.
[01:21:29.000 --> 01:21:34.000]  Or you could have one prepared in writing and whip it out of your pocket
[01:21:34.000 --> 01:21:38.000]  or your folder or whatever saying, I hereby move the court for dismissal for
[01:21:38.000 --> 01:21:40.000]  lack of subject matter jurisdiction.
[01:21:40.000 --> 01:21:44.000]  There's no complaint on the record as required by the such-and-such statute,
[01:21:44.000 --> 01:21:48.000]  and then you have the document in your hand too to show them that you knew
[01:21:48.000 --> 01:21:49.000]  this was coming.
[01:21:49.000 --> 01:21:50.000]  Got it.
[01:21:50.000 --> 01:21:53.000]  Now, there's also the possibility the prosecuting attorney may whip out a
[01:21:53.000 --> 01:21:57.000]  copy of the complaint and go, for the court's information, I'm providing so
[01:21:57.000 --> 01:22:00.000]  and so with a copy of the complaint at this time.
[01:22:00.000 --> 01:22:02.000]  Object.
[01:22:02.000 --> 01:22:08.000]  45.018 Code of Criminal Procedure says the defendant is entitled to a copy of
[01:22:08.000 --> 01:22:16.000]  the complaint no later than one day prior to any proceeding in the prosecution
[01:22:16.000 --> 01:22:19.000]  of the case under that complaint.
[01:22:19.000 --> 01:22:21.000]  What code of provision was that again?
[01:22:21.000 --> 01:22:25.000]  45.018 Code of Criminal Procedure.
[01:22:25.000 --> 01:22:29.000]  That's what would be on the motion to dismiss also, and that's what you would
[01:22:29.000 --> 01:22:31.000]  cite verbally.
[01:22:31.000 --> 01:22:32.000]  Got it.
[01:22:32.000 --> 01:22:36.000]  And now, as you probably know, in Austin they have a lot of the citation
[01:22:36.000 --> 01:22:41.000]  information up on their electronic Internet Web site.
[01:22:41.000 --> 01:22:49.000]  So in this particular case, the appearance date on the citation was for a
[01:22:49.000 --> 01:22:55.000]  particular time on a particular date, but when we look at the Web site now,
[01:22:55.000 --> 01:23:02.000]  we see that the time has moved, and there's been no, you know...
[01:23:02.000 --> 01:23:04.000]  What do you mean the time has moved?
[01:23:04.000 --> 01:23:10.000]  It went from, say, 9.30 in the morning to 3.00 in the afternoon.
[01:23:10.000 --> 01:23:11.000]  You don't care.
[01:23:11.000 --> 01:23:15.000]  The notice that you signed is the only notice you've been given, right?
[01:23:15.000 --> 01:23:17.000]  Correct.
[01:23:17.000 --> 01:23:20.000]  Then you can go in any time on or before that date.
[01:23:20.000 --> 01:23:23.000]  Do that.
[01:23:23.000 --> 01:23:28.000]  Go in and file an affidavit of appearance with the clerk in the case.
[01:23:28.000 --> 01:23:29.000]  Fill out an affidavit.
[01:23:29.000 --> 01:23:34.000]  I so-and-so, being a sound mind and a proper race to make this affidavit,
[01:23:34.000 --> 01:23:40.000]  do hereby swear that I appeared on this date at this time in response to the
[01:23:40.000 --> 01:23:44.000]  promise to appear on citation number blah, blah, blah.
[01:23:44.000 --> 01:23:48.000]  Get it stamped and filed by the court clerk, and make sure you keep the
[01:23:48.000 --> 01:23:50.000]  original copy.
[01:23:50.000 --> 01:23:52.000]  Now you've made your appearance.
[01:23:52.000 --> 01:23:56.000]  Now they've got to send you something by mail, which also will not comply
[01:23:56.000 --> 01:23:58.000]  with law.
[01:23:58.000 --> 01:24:02.000]  Now this citation, though, it actually does have a specific time for
[01:24:02.000 --> 01:24:03.000]  appearance.
[01:24:03.000 --> 01:24:05.000]  It doesn't say on or before.
[01:24:05.000 --> 01:24:07.000]  Okay, which is?
[01:24:07.000 --> 01:24:09.000]  How does it read?
[01:24:09.000 --> 01:24:14.000]  It says court appearance time, 9 o'clock a.m., bring ID.
[01:24:14.000 --> 01:24:18.000]  Again, that's the time that you were given, and you're saying it's been
[01:24:18.000 --> 01:24:19.000]  changed, right?
[01:24:19.000 --> 01:24:22.000]  It's been changed on the website, correct.
[01:24:22.000 --> 01:24:26.000]  But if you don't show up at 9, guess what's going to happen?
[01:24:26.000 --> 01:24:30.000]  Well, what I'm saying is if they change it on the website...
[01:24:30.000 --> 01:24:32.000]  You're not listening to what I'm saying.
[01:24:32.000 --> 01:24:37.000]  Do what you agreed to do in accordance with what you signed on the ticket,
[01:24:37.000 --> 01:24:39.000]  not what their website says.
[01:24:39.000 --> 01:24:40.000]  No, I understand that.
[01:24:40.000 --> 01:24:41.000]  I don't think you're...
[01:24:41.000 --> 01:24:43.000]  I didn't get to spit out what I'm trying to say.
[01:24:43.000 --> 01:24:50.000]  If I do show up at the time, they say, and then there's something posted or
[01:24:50.000 --> 01:24:57.000]  whatever that says, no, it's five hours later, then what kind of remedy or how
[01:24:57.000 --> 01:25:00.000]  should that be tackled?
[01:25:00.000 --> 01:25:02.000]  I'm not sure I followed that.
[01:25:02.000 --> 01:25:05.000]  Go in and file your affidavit of appearance.
[01:25:05.000 --> 01:25:10.000]  Do that anyway, okay?
[01:25:10.000 --> 01:25:11.000]  Okay.
[01:25:11.000 --> 01:25:17.000]  Now, if you go into court, everything I've said up to this point holds true.
[01:25:17.000 --> 01:25:20.000]  They must be doing what's in 1517.
[01:25:20.000 --> 01:25:23.000]  They're not going to do what's in 1517.
[01:25:23.000 --> 01:25:28.000]  Instead, they're going to try to act like you're there to enter a plea.
[01:25:28.000 --> 01:25:31.000]  Tell them you are not there to enter a plea.
[01:25:31.000 --> 01:25:33.000]  You will not be entering a plea.
[01:25:33.000 --> 01:25:43.000]  The court lacks jurisdiction to take a plea.
[01:25:43.000 --> 01:25:47.000]  And so, Eddie, is Mitchell supposed to wait until the afternoon to do those
[01:25:47.000 --> 01:25:51.000]  things if they're not having his hearing at nine in the morning?
[01:25:51.000 --> 01:25:55.000]  He could go down and make the appearance in court and tell them, you know,
[01:25:55.000 --> 01:25:58.000]  he's there to see the judge and see what happens.
[01:25:58.000 --> 01:26:01.000]  But I guarantee you if they call roll at nine and he's not there, I don't
[01:26:01.000 --> 01:26:04.000]  care what the website says, they're going to issue a warrant for him.
[01:26:04.000 --> 01:26:13.000]  Right, no, that's not...the appearance will be at the time specified on the ticket.
[01:26:13.000 --> 01:26:15.000]  That's no question.
[01:26:15.000 --> 01:26:22.000]  But what I'm asking is if they're not prepared at that time, would you think
[01:26:22.000 --> 01:26:29.000]  that something could be, some kind of motion could be submitted that says, hey,
[01:26:29.000 --> 01:26:32.000]  the prosecution wasn't here?
[01:26:32.000 --> 01:26:37.000]  No, you filed a motion I just told you to file, dismissed for lack of
[01:26:37.000 --> 01:26:38.000]  jurisdiction.
[01:26:38.000 --> 01:26:41.000]  There is no issue before the court.
[01:26:41.000 --> 01:26:46.000]  And if the prosecutor attempts to serve you with a copy of the complaint at the
[01:26:46.000 --> 01:26:53.000]  proceeding, that violates the right of the defendant under 45.018.
[01:26:53.000 --> 01:26:55.000]  I thought I just said both of those.
[01:26:55.000 --> 01:26:59.000]  Right, but I think we're...I'm hearing two different issues.
[01:26:59.000 --> 01:27:05.000]  One is the appearance time and the second is the lack of jurisdiction because
[01:27:05.000 --> 01:27:07.000]  there was no complaint submitted.
[01:27:07.000 --> 01:27:09.000]  It seems those are two different issues.
[01:27:09.000 --> 01:27:10.000]  So what I'm asking though...
[01:27:10.000 --> 01:27:16.000]  No, you have to make the appearance in order to submit that issue.
[01:27:16.000 --> 01:27:19.000]  You have to make the appearance.
[01:27:19.000 --> 01:27:22.000]  Your ticket said be there at nine.
[01:27:22.000 --> 01:27:26.000]  If the appearance is made at nine and they're not there, can a motion be
[01:27:26.000 --> 01:27:31.000]  submitted at that time that says, we move for dismissal because...
[01:27:31.000 --> 01:27:35.000]  You file it in your record, absolutely.
[01:27:35.000 --> 01:27:40.000]  Okay, got it.
[01:27:40.000 --> 01:27:46.000]  On a completely separate but somewhat related issue, for the same type of
[01:27:46.000 --> 01:27:52.000]  commercial driver's license, does any police officer have the right to walk up
[01:27:52.000 --> 01:27:58.000]  to someone when there's no indication of any crime or any traffic violation
[01:27:58.000 --> 01:28:04.000]  being submitted and say, show me your commercial driver's license?
[01:28:04.000 --> 01:28:05.000]  No.
[01:28:05.000 --> 01:28:09.000]  He has to have some sort of articulatable problem caused as to why he's asking
[01:28:09.000 --> 01:28:10.000]  for that information.
[01:28:10.000 --> 01:28:16.000]  The only statute concerning failure to ID is in situations where somebody has
[01:28:16.000 --> 01:28:25.000]  already been arrested but you cannot be arrested solely for failure to ID.
[01:28:25.000 --> 01:28:27.000]  No, there's nothing in statute on the books.
[01:28:27.000 --> 01:28:32.000]  There's nothing in Texas at least anyway that makes this a show your paper
[01:28:32.000 --> 01:28:33.000]  society.
[01:28:33.000 --> 01:28:34.000]  Not yet.
[01:28:34.000 --> 01:28:39.000]  The only requirement that you have to show ID is after you've been arrested.
[01:28:39.000 --> 01:28:42.000]  And the subtlety I guess I was introducing there was...
[01:28:42.000 --> 01:28:49.000]  And I'm fully I guess keen on that when it's an individual, you know, you or me,
[01:28:49.000 --> 01:28:54.000]  just a regular person, but what I didn't know if there was something in the
[01:28:54.000 --> 01:29:00.000]  code somewhere where it was different for someone who had the commercial
[01:29:00.000 --> 01:29:04.000]  license and is operating commercially.
[01:29:04.000 --> 01:29:08.000]  What was he doing right then and there when they asked him for it?
[01:29:08.000 --> 01:29:09.000]  Just parked.
[01:29:09.000 --> 01:29:14.000]  Just really just parked there and the person who actually was not a police
[01:29:14.000 --> 01:29:20.000]  officer but was a code enforcement officer from the city walked up and said,
[01:29:20.000 --> 01:29:25.000]  show me your commercial license.
[01:29:25.000 --> 01:29:26.000]  Okay.
[01:29:26.000 --> 01:29:33.000]  And the problem there would be is what is he investigating that allows him to
[01:29:33.000 --> 01:29:34.000]  do that?
[01:29:34.000 --> 01:29:39.000]  Right, and that's exactly why I was bringing up the question.
[01:29:39.000 --> 01:29:44.000]  Technically speaking, the acceptance of the commercial license does require the
[01:29:44.000 --> 01:29:46.000]  production of the license on demand.
[01:29:46.000 --> 01:29:52.000]  The question is, is when is the demand lawful to be made?
[01:29:52.000 --> 01:29:53.000]  Okay.
[01:29:53.000 --> 01:29:55.000]  So just do a little bit of reading on that, Mitchell.
[01:29:55.000 --> 01:29:57.000]  All right, folks, we're going to break.
[01:29:57.000 --> 01:29:58.000]  This is Rule of Law Radio.
[01:29:58.000 --> 01:30:08.000]  We rock.
[01:30:28.000 --> 01:30:31.000]  Austin, Texas.
[01:30:31.000 --> 01:30:34.000]  You've probably heard about the Patriot Act, but did you know how it could
[01:30:34.000 --> 01:30:35.000]  affect you?
[01:30:35.000 --> 01:30:38.000]  I'm Dr. Catherine Albrecht and I'll be back in a moment to tell you how this
[01:30:38.000 --> 01:30:42.000]  sweeping federal legislation passed in the wake of September 11th could violate
[01:30:42.000 --> 01:30:45.000]  your constitutional rights.
[01:30:45.000 --> 01:30:49.000]  Your search engine is watching you, recording all your searches and creating a
[01:30:49.000 --> 01:30:52.000]  massive database of your personal information.
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[01:31:15.000 --> 01:31:17.000]  The USA Patriot Act is quite a mouthful.
[01:31:17.000 --> 01:31:22.000]  It's the uniting and strengthening America by providing appropriate tools required
[01:31:22.000 --> 01:31:26.000]  to intercept an obstruct terrorism act of 2001.
[01:31:26.000 --> 01:31:27.000]  Few.
[01:31:27.000 --> 01:31:31.000]  And along with the huge name comes a huge impact on average citizens.
[01:31:31.000 --> 01:31:34.000]  The Patriot Act tramples our Fourth Amendment right to be free from unwarranted
[01:31:34.000 --> 01:31:36.000]  search and seizure.
[01:31:36.000 --> 01:31:39.000]  It gives government the power to place secret wiretaps on our phones and capture
[01:31:39.000 --> 01:31:41.000]  our conversations.
[01:31:41.000 --> 01:31:45.000]  It lets agents access our Internet activities, business dealings, medical
[01:31:45.000 --> 01:31:49.000]  conditions and even the titles of books we've checked out of the library, all
[01:31:49.000 --> 01:31:50.000]  without a warrant.
[01:31:50.000 --> 01:31:54.000]  I'm Dr. Catherine Albrecht hoping someone is watching The Watchers.
[01:31:54.000 --> 01:32:19.000]  More news and information at CatherineAlbrecht.com.
[01:32:19.000 --> 01:32:20.000]  All right, folks.
[01:32:20.000 --> 01:32:21.000]  We are back.
[01:32:21.000 --> 01:32:22.000]  This is Rule of Law Radio.
[01:32:22.000 --> 01:32:25.000]  We are in our last half hour here.
[01:32:25.000 --> 01:32:27.000]  We have a few callers still on the board.
[01:32:27.000 --> 01:32:30.000]  512-646-1984 is the call-in number.
[01:32:30.000 --> 01:32:33.000]  Keith, John, Hondo, we see you there as well.
[01:32:33.000 --> 01:32:37.000]  We're going to go ahead and go with Dara real quick and we'll get on moving.
[01:32:37.000 --> 01:32:39.000]  All right, Dara, how can we help you?
[01:32:39.000 --> 01:32:40.000]  Hi.
[01:32:40.000 --> 01:32:47.000]  I have a case for a traffic ticket for an appellate court right now and the
[01:32:47.000 --> 01:32:50.000]  respondent has not responded.
[01:32:50.000 --> 01:32:56.000]  So what I'm wondering is if it would make any sense to file a motion with the
[01:32:56.000 --> 01:33:02.000]  appellate court to rule in my favor since the respondent has not.
[01:33:02.000 --> 01:33:03.000]  Sure.
[01:33:03.000 --> 01:33:05.000]  You can file a motion for that or you can file a motion to compel, whichever
[01:33:05.000 --> 01:33:07.000]  one would best suit your purposes.
[01:33:07.000 --> 01:33:15.000]  You can ask for a summary judgment if there was required to be an answer from the
[01:33:15.000 --> 01:33:19.000]  other side that has not been forthcoming in a timely manner.
[01:33:19.000 --> 01:33:22.000]  File a motion for summary judgment on it.
[01:33:22.000 --> 01:33:27.000]  So what would be the difference between requesting a summary judgment or just
[01:33:27.000 --> 01:33:36.000]  waiting for them to review the case on the day set right now for the hearing?
[01:33:36.000 --> 01:33:40.000]  The likelihood the other party will slip something in even though they're
[01:33:40.000 --> 01:33:45.000]  beyond the date and time that you would have to then file another motion to
[01:33:45.000 --> 01:33:53.000]  have it quashed or, you know, thrown out because it was not timely.
[01:33:53.000 --> 01:33:57.000]  It creates an extra necessity of filing on your part.
[01:33:57.000 --> 01:34:06.000]  In California in the rules of court it just says if a respondent's brief, if
[01:34:06.000 --> 01:34:10.000]  the brief is a respondent's brief the court will decide the appeal on record,
[01:34:10.000 --> 01:34:14.000]  the opening brief and any oral arguments by the appellate.
[01:34:14.000 --> 01:34:15.000]  That's the rule.
[01:34:15.000 --> 01:34:20.000]  Like if the appellate doesn't file their brief on time then the case is
[01:34:20.000 --> 01:34:26.000]  dismissed but if the respondent doesn't file then they sort of just get a free
[01:34:26.000 --> 01:34:29.000]  pass I guess.
[01:34:29.000 --> 01:34:30.000]  Okay.
[01:34:30.000 --> 01:34:40.000]  So this would be a motion to compel for a summary judgment and that would just
[01:34:40.000 --> 01:34:45.000]  push them to make a judgment before like the date is set right now for the 28th
[01:34:45.000 --> 01:34:55.000]  of April and that will just, I'm kind of trying to want to recap it one time
[01:34:55.000 --> 01:35:00.000]  so I'm sure I understand, so that will not allow them to submit anything else
[01:35:00.000 --> 01:35:03.000]  into the record.
[01:35:03.000 --> 01:35:07.000]  If you get summary judgment there won't be a record to file anything into.
[01:35:07.000 --> 01:35:10.000]  Okay.
[01:35:10.000 --> 01:35:11.000]  All right.
[01:35:11.000 --> 01:35:12.000]  Okay.
[01:35:12.000 --> 01:35:13.000]  That was a question.
[01:35:13.000 --> 01:35:14.000]  Yeah.
[01:35:14.000 --> 01:35:20.000]  Thanks for clearing up one more time about using UCC codes and that whole
[01:35:20.000 --> 01:35:23.000]  avenue that people are pursuing.
[01:35:23.000 --> 01:35:26.000]  Yeah, I don't think it's a good avenue, believe me.
[01:35:26.000 --> 01:35:27.000]  I know.
[01:35:27.000 --> 01:35:31.000]  I've heard you say it and I was going to ask you about it and to sort of
[01:35:31.000 --> 01:35:38.000]  clarify it but that other caller's question sort of brought it up anyway.
[01:35:38.000 --> 01:35:39.000]  Okay.
[01:35:39.000 --> 01:35:40.000]  All right.
[01:35:40.000 --> 01:35:41.000]  Thanks a lot.
[01:35:41.000 --> 01:35:42.000]  You're welcome, man.
[01:35:42.000 --> 01:35:43.000]  Bye.
[01:35:43.000 --> 01:35:44.000]  Bye-bye.
[01:35:44.000 --> 01:35:45.000]  Okay.
[01:35:45.000 --> 01:35:47.000]  Let's go to Keith in Texas.
[01:35:47.000 --> 01:35:49.000]  Keith, what can we do for you?
[01:35:49.000 --> 01:35:50.000]  Good evening, Joe.
[01:35:50.000 --> 01:35:51.000]  How are you all doing tonight?
[01:35:51.000 --> 01:35:52.000]  Doing all right.
[01:35:52.000 --> 01:35:53.000]  What's up?
[01:35:53.000 --> 01:35:54.000]  Okay.
[01:35:54.000 --> 01:35:57.000]  I've got a brother of mine, he's been charged with a burden of
[01:35:57.000 --> 01:36:02.000]  habitation on the indictment but the only thing he has supporting,
[01:36:02.000 --> 01:36:05.000]  we looked in the records that we found from Dean's office,
[01:36:05.000 --> 01:36:07.000]  they only have an affidavit for warrants of arrest.
[01:36:07.000 --> 01:36:08.000]  Okay.
[01:36:08.000 --> 01:36:09.000]  Hang on just a second.
[01:36:09.000 --> 01:36:11.000]  Are you on a speakerphone by any chance?
[01:36:11.000 --> 01:36:12.000]  Okay.
[01:36:12.000 --> 01:36:13.000]  I'm just holding the phone the wrong way.
[01:36:13.000 --> 01:36:14.000]  Can you hear me now?
[01:36:14.000 --> 01:36:15.000]  Yeah.
[01:36:15.000 --> 01:36:18.000]  Just speak a little bit slower because you're kind of muffled sounding so
[01:36:18.000 --> 01:36:20.000]  your words are kind of blending together.
[01:36:20.000 --> 01:36:21.000]  You're hard to understand.
[01:36:21.000 --> 01:36:22.000]  Okay, sir.
[01:36:22.000 --> 01:36:26.000]  We have a burden of habitation indictment and the only thing they
[01:36:26.000 --> 01:36:30.000]  have in the record is an affidavit for warrants of arrest.
[01:36:30.000 --> 01:36:35.000]  And the problem is the indictment is not supported by a valid complaint
[01:36:35.000 --> 01:36:39.000]  or information but I'll assume that the affidavit is the complaint or
[01:36:39.000 --> 01:36:42.000]  information that they're using in this case.
[01:36:42.000 --> 01:36:43.000]  Okay?
[01:36:43.000 --> 01:36:44.000]  Right.
[01:36:44.000 --> 01:36:48.000]  So the problem is that in the affidavit,
[01:36:48.000 --> 01:36:51.000]  my brother gave his lady a ride to the house.
[01:36:51.000 --> 01:36:53.000]  She went inside the house, got some clothes,
[01:36:53.000 --> 01:36:56.000]  and the time the police pulled her up and they arrested my brother for
[01:36:56.000 --> 01:36:58.000]  burden of habitation.
[01:36:58.000 --> 01:37:01.000]  The only affidavit that shows that he entered the application or brought
[01:37:01.000 --> 01:37:07.000]  out any clothes or anything but they charged him with burden of habitation.
[01:37:07.000 --> 01:37:11.000]  I mean, I don't think that's supported but it's not supported by a
[01:37:11.000 --> 01:37:15.000]  legitimate complaint or information that we believe.
[01:37:15.000 --> 01:37:17.000]  Is that true in this case?
[01:37:17.000 --> 01:37:22.000]  An indictment or information must be supported by a sworn and verified
[01:37:22.000 --> 01:37:23.000]  complaint.
[01:37:23.000 --> 01:37:24.000]  Yes, sir.
[01:37:24.000 --> 01:37:27.000]  Texas law requires that.
[01:37:27.000 --> 01:37:31.000]  Neither document can exist without a sworn and verified complaint.
[01:37:31.000 --> 01:37:32.000]  Okay.
[01:37:32.000 --> 01:37:37.000]  But if the sworn affidavit does not state that he's brutalized anything,
[01:37:37.000 --> 01:37:40.000]  that makes the indictment defective, right?
[01:37:40.000 --> 01:37:41.000]  Wait a minute.
[01:37:41.000 --> 01:37:43.000]  What is the sworn affidavit?
[01:37:43.000 --> 01:37:46.000]  The affidavit for warrants of arrest and detention is the only thing they
[01:37:46.000 --> 01:37:48.000]  have in the record besides...
[01:37:48.000 --> 01:37:49.000]  Okay.
[01:37:49.000 --> 01:37:51.000]  That's requesting a warrant.
[01:37:51.000 --> 01:37:53.000]  That's got nothing to do with a complaint.
[01:37:53.000 --> 01:37:54.000]  Okay.
[01:37:54.000 --> 01:37:57.000]  I understand the call that you had.
[01:37:57.000 --> 01:38:02.000]  You gave him some information about TCP 45.018.
[01:38:02.000 --> 01:38:04.000]  So we're going to go and file that?
[01:38:04.000 --> 01:38:06.000]  Well, that has to do with justice and municipal courts.
[01:38:06.000 --> 01:38:09.000]  Burglary of a habitation is not justice and municipal court.
[01:38:09.000 --> 01:38:10.000]  Okay.
[01:38:10.000 --> 01:38:15.000]  So how can we attack that?
[01:38:15.000 --> 01:38:18.000]  Well, you attack it as a matter of law.
[01:38:18.000 --> 01:38:22.000]  You look under the requirements for indictments and information in the Code
[01:38:22.000 --> 01:38:26.000]  of Criminal Procedure, which is Chapter 26 or 24.
[01:38:26.000 --> 01:38:27.000]  I forget which.
[01:38:27.000 --> 01:38:28.000]  Yes, sir.
[01:38:28.000 --> 01:38:34.000]  But in that code, it very clearly says that both of those must be based upon
[01:38:34.000 --> 01:38:36.000]  a sworn and verified complaint.
[01:38:36.000 --> 01:38:40.000]  And if you look at the annotated statutes for that section,
[01:38:40.000 --> 01:38:46.000]  it will show you very clearly that it is mandatory that there be an existing complaint.
[01:38:46.000 --> 01:38:49.000]  Yes, sir.
[01:38:49.000 --> 01:38:51.000]  Okay.
[01:38:51.000 --> 01:38:57.000]  So what you do is you file a motion to quash the indictment for failure to have
[01:38:57.000 --> 01:39:00.000]  a valid sworn complaint.
[01:39:00.000 --> 01:39:02.000]  Now, that's not going to put an end to it.
[01:39:02.000 --> 01:39:07.000]  Someone will make a complaint, and then they'll just reindite.
[01:39:07.000 --> 01:39:09.000]  Okay.
[01:39:09.000 --> 01:39:13.000]  But it still needs to be challenged as improper.
[01:39:13.000 --> 01:39:15.000]  Yes, sir.
[01:39:15.000 --> 01:39:19.000]  Okay, and I have one more question.
[01:39:19.000 --> 01:39:20.000]  Okay.
[01:39:20.000 --> 01:39:23.000]  This case is nine years old.
[01:39:23.000 --> 01:39:30.000]  He was indicted back in 2002, and he went on the run and came back
[01:39:30.000 --> 01:39:31.000]  and turned himself in.
[01:39:31.000 --> 01:39:36.000]  Do the statute of limitations apply in this situation?
[01:39:36.000 --> 01:39:42.000]  Well, yeah, if failure to prosecute comes to mind,
[01:39:42.000 --> 01:39:46.000]  if they indicted him and never did anything with it.
[01:39:46.000 --> 01:39:49.000]  Well, he wasn't here, you know.
[01:39:49.000 --> 01:39:54.000]  Well, now, if he was outside the country or outside of their jurisdiction
[01:39:54.000 --> 01:39:59.000]  and there was an outstanding warrant for him, that tolls the trial clock.
[01:39:59.000 --> 01:40:00.000]  Okay.
[01:40:00.000 --> 01:40:02.000]  All right, then.
[01:40:02.000 --> 01:40:03.000]  All right.
[01:40:03.000 --> 01:40:06.000]  I'm happy to answer my questions, sir.
[01:40:06.000 --> 01:40:07.000]  Okay.
[01:40:07.000 --> 01:40:08.000]  Yes, sir.
[01:40:08.000 --> 01:40:09.000]  Thank you.
[01:40:09.000 --> 01:40:10.000]  Have a nice evening.
[01:40:10.000 --> 01:40:11.000]  You, too.
[01:40:11.000 --> 01:40:12.000]  Thank you.
[01:40:12.000 --> 01:40:13.000]  Bye-bye.
[01:40:13.000 --> 01:40:14.000]  Bye-bye.
[01:40:14.000 --> 01:40:15.000]  All right.
[01:40:15.000 --> 01:40:16.000]  Now, let's go to Hondo in Texas.
[01:40:16.000 --> 01:40:17.000]  Good evening, Hondo.
[01:40:17.000 --> 01:40:18.000]  What's up?
[01:40:18.000 --> 01:40:22.000]  Hey, guys.
[01:40:22.000 --> 01:40:29.000]  I've been needing to call you all for a while, but I'm just busy
[01:40:29.000 --> 01:40:33.000]  or to talk either one thing or another.
[01:40:33.000 --> 01:40:40.000]  Anyway, I had a speed and charge across planes
[01:40:40.000 --> 01:40:47.000]  and did the whole rigmarole about 15.17
[01:40:47.000 --> 01:40:51.000]  and went in there two or three times and argued with them about that.
[01:40:51.000 --> 01:40:57.000]  Eventually, I just, you know, I had on my recorder that I had appeared
[01:40:57.000 --> 01:41:01.000]  with medicine with them, so about a month later, they sent me a complaint
[01:41:01.000 --> 01:41:04.000]  in the mail, and I thought, well, good.
[01:41:04.000 --> 01:41:06.000]  You know, we're on the right track.
[01:41:06.000 --> 01:41:12.000]  And with that complaint was an appearance date for a pretrial hearing,
[01:41:12.000 --> 01:41:15.000]  and it was not certified mail.
[01:41:15.000 --> 01:41:17.000]  It was just regular mail.
[01:41:17.000 --> 01:41:20.000]  And I thought, well, I'm going to go to the pretrial hearing
[01:41:20.000 --> 01:41:25.000]  just because I don't need any more warrants for failure to appear,
[01:41:25.000 --> 01:41:27.000]  a real issue, one regardless.
[01:41:27.000 --> 01:41:35.000]  And so I went in with my first argument being that no notice,
[01:41:35.000 --> 01:41:39.000]  improper notice, it wasn't sent certified,
[01:41:39.000 --> 01:41:42.000]  and they have no proof that I received it.
[01:41:42.000 --> 01:41:44.000]  And he said, well, then why are you here?
[01:41:44.000 --> 01:41:47.000]  And I said, because I'm just passing through.
[01:41:47.000 --> 01:41:48.000]  I'm away to work.
[01:41:48.000 --> 01:41:51.000]  You know, I said, just stopping in to check on my case.
[01:41:51.000 --> 01:41:56.000]  And he said, well, the law presumes you receive it if it is not sent back.
[01:41:56.000 --> 01:41:58.000]  And I said, yes, maybe that may be,
[01:41:58.000 --> 01:42:03.000]  but you have no proof that I received it 10 days or, you know, within 10 days.
[01:42:03.000 --> 01:42:07.000]  And he said, well, I need to back up.
[01:42:07.000 --> 01:42:09.000]  I went in for a pretrial hearing.
[01:42:09.000 --> 01:42:13.000]  They sent me into the room, but only the prosecutor, the judge, wasn't there.
[01:42:13.000 --> 01:42:15.000]  I told the prosecutor, I said, where's the judge?
[01:42:15.000 --> 01:42:17.000]  He said, she's in the other room.
[01:42:17.000 --> 01:42:18.000]  We don't need her.
[01:42:18.000 --> 01:42:21.000]  And I said, yes, we do. This is a pretrial hearing.
[01:42:21.000 --> 01:42:22.000]  Where's the judge?
[01:42:22.000 --> 01:42:27.000]  And he said, well, hang on, just has anybody explained to you your options?
[01:42:27.000 --> 01:42:29.000]  And I said, I'm not interested in my options.
[01:42:29.000 --> 01:42:32.000]  I'm interested in you all doing what you're supposed to do.
[01:42:32.000 --> 01:42:37.000]  And my options are irrelevant until you all take the proper steps.
[01:42:37.000 --> 01:42:44.000]  And he said, well, he said, he wanted me to enter a plea.
[01:42:44.000 --> 01:42:46.000]  And I said, I'm not going to enter a plea to you.
[01:42:46.000 --> 01:42:50.000]  I'm not going to enter a plea to anybody but a judge when the proper things are done.
[01:42:50.000 --> 01:42:52.000]  And I said, really?
[01:42:52.000 --> 01:42:55.000]  I probably will not enter a plea until the jury's in town.
[01:42:55.000 --> 01:42:58.000]  And, you know, like it says in Chapter 45,
[01:42:58.000 --> 01:43:02.000]  because this is the Code of Criminal Procedure because it's a ministerial court.
[01:43:02.000 --> 01:43:09.000]  And anyway, he eventually got irritated with me and found out he wasn't getting anywhere.
[01:43:09.000 --> 01:43:12.000]  And he said, well, we'll just have a trial at 10 o'clock.
[01:43:12.000 --> 01:43:14.000]  And this is November 30.
[01:43:14.000 --> 01:43:16.000]  And he said, wait, wait, wait, wait, we can't have a trial.
[01:43:16.000 --> 01:43:17.000]  You don't have a jury.
[01:43:17.000 --> 01:43:18.000]  I don't have notice.
[01:43:18.000 --> 01:43:21.000]  I have not had time to prepare.
[01:43:21.000 --> 01:43:23.000]  I said, how are you going to have a trial?
[01:43:23.000 --> 01:43:27.000]  And he said, well, you know, you're not going to enter a plea.
[01:43:27.000 --> 01:43:29.000]  You're not going to pay your fine.
[01:43:29.000 --> 01:43:31.000]  He said, we'll just have a trial.
[01:43:31.000 --> 01:43:34.000]  And I said, well, no, we can't do that.
[01:43:34.000 --> 01:43:36.000]  And I said, I have prior engagements.
[01:43:36.000 --> 01:43:37.000]  I can't.
[01:43:37.000 --> 01:43:40.000]  And he said, well, if you don't come to the trial at 10 o'clock,
[01:43:40.000 --> 01:43:42.000]  we'll issue a warrant and you'll be arrested.
[01:43:42.000 --> 01:43:44.000]  And I was like, oh, man.
[01:43:44.000 --> 01:43:48.000]  Anyway, I hear the music, but I'll finish up this little part.
[01:43:48.000 --> 01:43:49.000]  All right.
[01:43:49.000 --> 01:43:50.000]  All right, great.
[01:43:50.000 --> 01:43:51.000]  Yeah, just stay right there, Hondo.
[01:43:51.000 --> 01:43:54.000]  We'll be right back on the other side, folks.
[01:43:54.000 --> 01:44:01.000]  This is the rule of law, ruleoflawradio.com.
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[01:46:23.000 --> 01:46:24.000]  All right, folks, we're back.
[01:46:24.000 --> 01:46:28.000]  All right, I want to make a comment here before we go on.
[01:46:28.000 --> 01:46:34.000]  At that point, Hondo, if it was me, if it were me, I would have said,
[01:46:34.000 --> 01:46:37.000]  you know what, I'm not talking to you, okay?
[01:46:37.000 --> 01:46:39.000]  You don't have authority to schedule a trial.
[01:46:39.000 --> 01:46:41.000]  You're the prosecutor.
[01:46:41.000 --> 01:46:43.000]  You don't have the authority to schedule a trial.
[01:46:43.000 --> 01:46:45.000]  Only the judge can do that.
[01:46:45.000 --> 01:46:47.000]  I'm filing my notice of appearance that I have appeared here
[01:46:47.000 --> 01:46:49.000]  for what I'm supposed to appear here.
[01:46:49.000 --> 01:46:51.000]  I'm not talking to you anymore.
[01:46:51.000 --> 01:46:54.000]  And then I give it about 20 minutes, maybe half an hour.
[01:46:54.000 --> 01:46:59.000]  If they didn't have the pre-trial hearing, I'd leave after I file the notice of appearance
[01:46:59.000 --> 01:47:02.000]  and not even talk to that prosecutor anymore at all
[01:47:02.000 --> 01:47:05.000]  because obviously he's trying to rope you into the deal.
[01:47:05.000 --> 01:47:10.000]  You know, come on, well, you know, if we're going to have a trial, it's in the clock.
[01:47:10.000 --> 01:47:12.000]  I mean, that's his way of pressuring you into the deal.
[01:47:12.000 --> 01:47:14.000]  I'll be like, I'm not even talking to you anymore.
[01:47:14.000 --> 01:47:15.000]  Anyway, so finish.
[01:47:15.000 --> 01:47:18.000]  Eddie, did you have a comment too before we go back to Hondo?
[01:47:18.000 --> 01:47:21.000]  I was telling the prosecutor, you really are an idiot.
[01:47:21.000 --> 01:47:23.000]  No, not really.
[01:47:23.000 --> 01:47:26.000]  Okay, Hondo, finish saying the story.
[01:47:26.000 --> 01:47:29.000]  Well, he said we're going to have a trial at 10.
[01:47:29.000 --> 01:47:33.000]  If you don't show up, they'll issue a warrant for your arrest and you'll be arrested.
[01:47:33.000 --> 01:47:36.000]  And I said, and I didn't even reply to that.
[01:47:36.000 --> 01:47:39.000]  I just grabbed my notebook and turned around and I walked out.
[01:47:39.000 --> 01:47:43.000]  I said, well, I said I have prior arrangements I can't make and I walked out.
[01:47:43.000 --> 01:47:47.000]  And I went down to the, this was at 930, so I had 30 minutes.
[01:47:47.000 --> 01:47:51.000]  I went down to the convenience store and I got, all I had was my iPhone.
[01:47:51.000 --> 01:47:56.000]  Got on my iPhone, ran through Chapter 45 and a few other things just to refresh my memory,
[01:47:56.000 --> 01:47:57.000]  took some notes.
[01:47:57.000 --> 01:48:00.000]  I prepared best I could and I showed back up right at 10 o'clock.
[01:48:00.000 --> 01:48:03.000]  And they were kind of like, oh my gosh.
[01:48:03.000 --> 01:48:04.000]  Wait a minute, wait a minute.
[01:48:04.000 --> 01:48:12.000]  Why didn't, so you actually left the court at 930 when it was time for the hearing that you had agreed to go to?
[01:48:12.000 --> 01:48:13.000]  Right.
[01:48:13.000 --> 01:48:14.000]  I had showed up early.
[01:48:14.000 --> 01:48:20.000]  My hearing was scheduled for 10 and I got there about 925.
[01:48:20.000 --> 01:48:21.000]  Oh, okay.
[01:48:21.000 --> 01:48:24.000]  I thought the hearing was scheduled for 930.
[01:48:24.000 --> 01:48:25.000]  Okay, all right.
[01:48:25.000 --> 01:48:31.000]  Okay, so your pre-trial hearing was scheduled for 10, so then you came back and showed up at 10 o'clock
[01:48:31.000 --> 01:48:33.000]  and they're like, okay, so then what?
[01:48:33.000 --> 01:48:34.000]  Right.
[01:48:34.000 --> 01:48:38.000]  And I showed back up and, you know, they shuffled on in there.
[01:48:38.000 --> 01:48:39.000]  They got the cop.
[01:48:39.000 --> 01:48:40.000]  The cop was there.
[01:48:40.000 --> 01:48:45.000]  So we had the witness, the judge, the prosecutor, and me all in the courtroom.
[01:48:45.000 --> 01:48:50.000]  And the judge was totally naive, did not know what to do.
[01:48:50.000 --> 01:48:52.000]  The prosecutor had to tell her every single step.
[01:48:52.000 --> 01:48:53.000]  Well, wait a minute, wait a minute.
[01:48:53.000 --> 01:48:56.000]  Did they proceed with a trial without a pre-trial hearing?
[01:48:56.000 --> 01:48:57.000]  Oh, absolutely.
[01:48:57.000 --> 01:48:59.000]  Yeah, we had a trial there.
[01:48:59.000 --> 01:49:00.000]  We did.
[01:49:00.000 --> 01:49:04.000]  And the judge had no clue how to conduct the trial.
[01:49:04.000 --> 01:49:06.000]  The prosecutor had to tell her every single step.
[01:49:06.000 --> 01:49:09.000]  Was there a criminal complaint on the file?
[01:49:09.000 --> 01:49:10.000]  Yes, there was.
[01:49:10.000 --> 01:49:11.000]  Okay.
[01:49:11.000 --> 01:49:14.000]  And there wasn't information, but they didn't care.
[01:49:14.000 --> 01:49:15.000]  They did it anyway.
[01:49:15.000 --> 01:49:17.000]  It's quite comical.
[01:49:17.000 --> 01:49:18.000]  I wish, you know...
[01:49:18.000 --> 01:49:20.000]  Well, had you been supplied...
[01:49:20.000 --> 01:49:23.000]  Was the criminal complaint in the file the day before?
[01:49:23.000 --> 01:49:26.000]  No, it had been in the file for a long time.
[01:49:26.000 --> 01:49:27.000]  Okay, okay.
[01:49:27.000 --> 01:49:29.000]  They had sent it to me previously.
[01:49:29.000 --> 01:49:37.000]  And anyway, we went in there and the prosecutor had to tell the judge how to swear in the witness.
[01:49:37.000 --> 01:49:43.000]  And the prosecutor asked the witness his questions, you know, all the things that they asked him.
[01:49:43.000 --> 01:49:47.000]  And then the prosecutor turns the witness over to me and I stand up.
[01:49:47.000 --> 01:49:50.000]  Well, when I stand up, the judge proceeds to swear me in.
[01:49:50.000 --> 01:49:53.000]  I mean, this is how naive the judge is.
[01:49:53.000 --> 01:49:59.000]  And anyway, the prosecutor stopped her and I asked the questions and, you know,
[01:49:59.000 --> 01:50:03.000]  cited all the statutes of why I wasn't speeding, why I shouldn't be here,
[01:50:03.000 --> 01:50:05.000]  everything I could think of.
[01:50:05.000 --> 01:50:10.000]  And in the end, she ruled, found me guilty.
[01:50:10.000 --> 01:50:15.000]  And I said, well, I'm going to appeal this, but I don't have any experience with appeals.
[01:50:15.000 --> 01:50:17.000]  So what do I need to do?
[01:50:17.000 --> 01:50:22.000]  And she said, well, you need to file an appeal bond and it has to be in here within 20 days.
[01:50:22.000 --> 01:50:24.000]  And I said, okay.
[01:50:24.000 --> 01:50:28.000]  And that's what I needed to call you all about was to find out how to file the appeal bond.
[01:50:28.000 --> 01:50:32.000]  But the problem is I looked in Chapter 45 Code of Criminal Procedure
[01:50:32.000 --> 01:50:37.000]  and the statute of limitations or whatever you call it for appeal bond is 10 days
[01:50:37.000 --> 01:50:39.000]  and the judge told me 20 days.
[01:50:39.000 --> 01:50:41.000]  So it has expired.
[01:50:41.000 --> 01:50:46.000]  And so what do you, I mean...
[01:50:46.000 --> 01:50:49.000]  The first thing is, Hondo, is the lack of jurisdiction of the court.
[01:50:49.000 --> 01:50:51.000]  They cannot try you without proper notice.
[01:50:51.000 --> 01:50:54.000]  If this was supposed to be your initial appearance,
[01:50:54.000 --> 01:50:59.000]  they cannot go directly to trial and skip the due process proceedings
[01:50:59.000 --> 01:51:01.000]  of the Code of Criminal Procedure.
[01:51:01.000 --> 01:51:03.000]  I don't give a crap what they want to do.
[01:51:03.000 --> 01:51:06.000]  They have to do what the law says to do.
[01:51:06.000 --> 01:51:09.000]  Right.
[01:51:09.000 --> 01:51:13.000]  So you judicially conduct, complain the judge.
[01:51:13.000 --> 01:51:19.000]  You file a bar grievance, multiple bar grievances for prosecutorial misconduct
[01:51:19.000 --> 01:51:24.000]  against the prosecuting attorney.
[01:51:24.000 --> 01:51:33.000]  Didn't you file with the county court for a motion to basically void the judgment
[01:51:33.000 --> 01:51:38.000]  of the lower court for failure to provide a fair and impartial trial
[01:51:38.000 --> 01:51:40.000]  and denial of due process?
[01:51:40.000 --> 01:51:44.000]  Okay.
[01:51:44.000 --> 01:51:52.000]  What I'm considering is trying to find an attorney that will help me sue
[01:51:52.000 --> 01:51:57.000]  all those guys for what they did.
[01:51:57.000 --> 01:52:03.000]  But anyway, my question, what I want to come away from this conversation tonight
[01:52:03.000 --> 01:52:07.000]  is what is the steps, what do you file for an appeal?
[01:52:07.000 --> 01:52:11.000]  So the next time this happens, or next time I need to appeal, I'll know.
[01:52:11.000 --> 01:52:13.000]  Was this a court of record?
[01:52:13.000 --> 01:52:15.000]  No.
[01:52:15.000 --> 01:52:16.000]  Okay.
[01:52:16.000 --> 01:52:17.000]  Then it's a trial de novo.
[01:52:17.000 --> 01:52:18.000]  It's not an appeal.
[01:52:18.000 --> 01:52:22.000]  Okay.
[01:52:22.000 --> 01:52:26.000]  So you file a motion for a trial de novo?
[01:52:26.000 --> 01:52:27.000]  Correct.
[01:52:27.000 --> 01:52:30.000]  Okay.
[01:52:30.000 --> 01:52:35.000]  So you can only appeal if it is a court of record and there's a record to review.
[01:52:35.000 --> 01:52:36.000]  Correct.
[01:52:36.000 --> 01:52:38.000]  Got you.
[01:52:38.000 --> 01:52:41.000]  Okay.
[01:52:41.000 --> 01:52:44.000]  Sounds good.
[01:52:44.000 --> 01:52:46.000]  That's all I have.
[01:52:46.000 --> 01:52:48.000]  Okay.
[01:52:48.000 --> 01:52:50.000]  Well, I do those things that I just recommended right off the bat.
[01:52:50.000 --> 01:52:51.000]  That needs to be done.
[01:52:51.000 --> 01:52:52.000]  Right.
[01:52:52.000 --> 01:52:54.000]  Judicial conduct, complaints, and bar grievances.
[01:52:54.000 --> 01:52:56.000]  I'm working on them right now.
[01:52:56.000 --> 01:53:01.000]  And hit him for prosecutorial misconduct for every lie he told
[01:53:01.000 --> 01:53:05.000]  and every act he perpetrated.
[01:53:05.000 --> 01:53:09.000]  Okay.
[01:53:09.000 --> 01:53:11.000]  Will do.
[01:53:11.000 --> 01:53:12.000]  Okay.
[01:53:12.000 --> 01:53:13.000]  Thank you.
[01:53:13.000 --> 01:53:15.000]  You're welcome.
[01:53:15.000 --> 01:53:19.000]  Now, let's go to our next caller.
[01:53:19.000 --> 01:53:21.000]  John in Texas.
[01:53:21.000 --> 01:53:24.000]  What can we do for you, John?
[01:53:24.000 --> 01:53:27.000]  Good evening, Eddie.
[01:53:27.000 --> 01:53:28.000]  Good evening.
[01:53:28.000 --> 01:53:30.000]  What can we do for you?
[01:53:30.000 --> 01:53:32.000]  Just got back from Austin.
[01:53:32.000 --> 01:53:36.000]  Just picked up the course.
[01:53:36.000 --> 01:53:44.000]  I finally got a court date for citation in Bandera.
[01:53:44.000 --> 01:53:51.000]  Eddie, I wanted to know, I'm trying to look it up, but it seemed to be unclear.
[01:53:51.000 --> 01:54:04.000]  How would I serve the subpoenas to the court clerks and to the constable that issued the citation?
[01:54:04.000 --> 01:54:13.000]  You have someone else hand serve them and get certification of delivery on the subpoena?
[01:54:13.000 --> 01:54:17.000]  I mean, would I normally have to pay somebody to do that?
[01:54:17.000 --> 01:54:23.000]  You can have anybody that is over the age of 18 in the state of Texas serve a subpoena.
[01:54:23.000 --> 01:54:24.000]  Okay.
[01:54:24.000 --> 01:54:28.000]  As long as they are not a party to the case.
[01:54:28.000 --> 01:54:29.000]  Okay.
[01:54:29.000 --> 01:54:30.000]  Or a convicted felon.
[01:54:30.000 --> 01:54:36.000]  If I understood that correctly, I can because I'm party to the case, I guess.
[01:54:36.000 --> 01:54:37.000]  Correct.
[01:54:37.000 --> 01:54:40.000]  Okay.
[01:54:40.000 --> 01:54:43.000]  John, what would be?
[01:54:43.000 --> 01:54:45.000]  John, are you on a cell phone?
[01:54:45.000 --> 01:54:46.000]  I'm sorry?
[01:54:46.000 --> 01:54:49.000]  Are you on a cell phone or a speaker phone?
[01:54:49.000 --> 01:54:51.000]  No, I'm on a cell phone, yes.
[01:54:51.000 --> 01:54:52.000]  Okay.
[01:54:52.000 --> 01:54:55.000]  Try to get in a place where your reception is a little better because you keep moving around,
[01:54:55.000 --> 01:54:58.000]  you keep going in and out in the background.
[01:54:58.000 --> 01:55:00.000]  Okay.
[01:55:00.000 --> 01:55:01.000]  Any better?
[01:55:01.000 --> 01:55:04.000]  Yeah, right there, keep talking.
[01:55:04.000 --> 01:55:10.000]  And then what would, I mean, what sort of evidence would you need that they would sign?
[01:55:10.000 --> 01:55:14.000]  I mean, sign here by receiving the subpoena?
[01:55:14.000 --> 01:55:16.000]  I mean...
[01:55:16.000 --> 01:55:19.000]  The subpoena has a service certificate on the bottom of it.
[01:55:19.000 --> 01:55:23.000]  You always serve two copies of the subpoena.
[01:55:23.000 --> 01:55:25.000]  One stays with them.
[01:55:25.000 --> 01:55:33.000]  The other is filled out by the process server as far as what the information on the bottom of the subpoena requires.
[01:55:33.000 --> 01:55:39.000]  Now, if you'll send me an email, I'll be happy to send you a subpoena template.
[01:55:39.000 --> 01:55:46.000]  All you got to do is fill in the right information on it, make two copies of it, serve the individual with one of them,
[01:55:46.000 --> 01:55:53.000]  but you need to make sure you have a trial date and time for them to appear at before you serve them.
[01:55:53.000 --> 01:55:54.000]  I do have that now.
[01:55:54.000 --> 01:55:55.000]  Okay.
[01:55:55.000 --> 01:56:00.000]  Then send me an email and I'll send you a copy of a subpoena template.
[01:56:00.000 --> 01:56:11.000]  I'll do that, sir. Can you just quickly give me a couple of questions that I might want to ask that the clerk,
[01:56:11.000 --> 01:56:15.000]  what sort of questions, since you said that would be a...
[01:56:15.000 --> 01:56:29.000]  She basically has a, I don't know, she's essentially not supposed to be sworn in and attesting to the complaint.
[01:56:29.000 --> 01:56:31.000]  I'm not sure what you mean about the questions.
[01:56:31.000 --> 01:56:33.000]  You're talking about at trial?
[01:56:33.000 --> 01:56:36.000]  Yes, exactly.
[01:56:36.000 --> 01:56:41.000]  That's a long drawn out line of questioning to get that clerk to where you need them to be, John.
[01:56:41.000 --> 01:56:44.000]  It's not something I've got time to go into at this point on the show.
[01:56:44.000 --> 01:56:47.000]  Is it in the course?
[01:56:47.000 --> 01:56:48.000]  No, it's not.
[01:56:48.000 --> 01:56:49.000]  Okay.
[01:56:49.000 --> 01:56:56.000]  This is something we go over at our weekend seminars for our mock trials, but it's not in the course material.
[01:56:56.000 --> 01:56:59.000]  Are you going to be having a...
[01:56:59.000 --> 01:57:03.000]  Yes, we have them every Sunday from 2 to 5 now.
[01:57:03.000 --> 01:57:09.000]  This past Sunday was our first move to Sunday, but it's every Sunday from 2 to 5 at Brave New Books.
[01:57:09.000 --> 01:57:12.000]  Including Easter, this coming Easter Sunday, Eddie?
[01:57:12.000 --> 01:57:16.000]  No, we will not be having the seminar this Easter Sunday.
[01:57:16.000 --> 01:57:19.000]  I figure I'd be there by myself if I tried.
[01:57:19.000 --> 01:57:25.000]  Okay. All right, then. I'll see you Sunday after next.
[01:57:25.000 --> 01:57:27.000]  Okay.
[01:57:27.000 --> 01:57:28.000]  Thank you very much.
[01:57:28.000 --> 01:57:29.000]  You're welcome, John.
[01:57:29.000 --> 01:57:31.000]  Thanks for calling in.
[01:57:31.000 --> 01:57:32.000]  All right.
[01:57:32.000 --> 01:57:34.000]  We have Grant in Texas.
[01:57:34.000 --> 01:57:36.000]  Grant, you got about a minute and a half.
[01:57:36.000 --> 01:57:37.000]  Okay.
[01:57:37.000 --> 01:57:38.000]  I'll make it really quick.
[01:57:38.000 --> 01:57:52.000]  Basically, I had got a default judgment against me, and then I got a knock on the constable's door about an emergency restraining order, got a new trial, won the trial, and is going to appeal.
[01:57:52.000 --> 01:58:03.000]  My question is, they had set a trial for within 10 days, and my understanding with the Texas Rules of Civil Procedure, they were supposed to set it for 45.
[01:58:03.000 --> 01:58:10.000]  I brought that up before the judge, and he said there's an exception for forcible detainers. Is that true?
[01:58:10.000 --> 01:58:19.000]  I'm not positive on that. If this is civil, I can't tell you for certain. You'll need to look at the statute and the rules of procedure.
[01:58:19.000 --> 01:58:27.000]  Yeah, and I called him out on it. I told him that the court was respectfully wrong, and he pretty much scolded me and said, you and I are not going to get along.
[01:58:27.000 --> 01:58:34.000]  But long story short, I actually won the trial for forcible detainers. So it was a nice victory.
[01:58:34.000 --> 01:58:36.000]  Well, good. Glad to hear that.
[01:58:36.000 --> 01:58:40.000]  Okay. All right. Well, thank you all very much. I hear the show is ending.
[01:58:40.000 --> 01:58:42.000]  All right, Grant. Thanks for calling in.
[01:58:42.000 --> 01:58:45.000]  All right, folks. That is the end of the show.
[01:58:45.000 --> 01:58:52.000]  Dale, sorry we weren't able to get back to you again. This has been the Rule of Law Radio, Eddie Craig, Debra Stevens, Randy Kelton.
[01:58:52.000 --> 01:59:16.000]  Thanks for listening in to us. Please tune back in on Thursday and Friday, 8 to 10 and 8 to midnight respectively.
[01:59:22.000 --> 01:59:23.000]  Chuck E.
[01:59:52.000 --> 01:59:54.000]  You better.