[00:00.000 --> 00:04.480] This news brief brought to you by the International News Net. [00:04.480 --> 00:09.360] Pakistani security officials said Thursday Osama bin Laden and his comrades offered no [00:09.360 --> 00:13.880] resistance when killed by U.S. special forces in Pakistan. [00:13.880 --> 00:18.800] Two senior Pakistani security officials said there was no firefight because no one fired [00:18.800 --> 00:19.800] back. [00:19.800 --> 00:25.760] The White House has cited the fog of war as a reason for its differing versions. [00:25.760 --> 00:31.080] Companies making Apple iPads and iPhones in China are forcing staff to sign pledges not [00:31.080 --> 00:32.720] to commit suicide. [00:32.720 --> 00:38.280] At least 14 workers at Foxconn factories in China have killed themselves in the last 16 [00:38.280 --> 00:41.600] months as a result of horrendous working conditions. [00:41.600 --> 00:44.800] Many more are believed to have survived suicide attempts. [00:44.800 --> 00:49.320] Workers had to agree that if they did commit suicide, their families would only receive [00:49.320 --> 00:53.000] the legal minimum in damages. [00:53.000 --> 00:59.200] Texas lawmakers are moving to make invasive pat-downs by TSA airport screeners a felony. [00:59.200 --> 01:03.840] A bill in the state legislature would make it illegal to intentionally touch a person's [01:03.840 --> 01:06.400] private areas even above clothing. [01:06.400 --> 01:11.200] Unless the screener had probable cause, the passenger was hiding something dangerous. [01:11.200 --> 01:16.160] A second proposal seeks to prohibit the use of full-body scanners in Texas airports. [01:16.160 --> 01:21.840] A vast majority of Texas state lawmakers support the legislation. [01:21.840 --> 01:26.920] Former Deputy Assistant Secretary of State Steve Piznick said Wednesday, he's prepared [01:26.920 --> 01:32.760] to tell a federal grand jury the name of a top U.S. general who told him 9-11 was a false [01:32.760 --> 01:34.080] flag attack. [01:34.080 --> 01:39.120] Piznick said Dick Cheney, Paul Wolfowitz, Elliott Abrams, and Condoleezza Rice, among [01:39.120 --> 01:41.760] others, quote, ran the attacks. [01:41.760 --> 01:46.800] Piznick explained, quote, it was called a stand-down, a false flag operation in order [01:46.800 --> 01:50.520] to mobilize the American public under false pretenses. [01:50.520 --> 01:54.880] Piznick reiterated he was perfectly willing to reveal the name of the general who told [01:54.880 --> 02:02.720] him 9-11 was an inside job in a federal court, quote, so that he can unravel this thing legally. [02:02.720 --> 02:07.680] The official death of Osama bin Laden has caused the FBI to ramp up efforts to prevent [02:07.680 --> 02:08.960] a revenge attack. [02:08.960 --> 02:14.480] A senior counterterrorism official said Tuesday the Bureau was back on their post-9-11 war [02:14.480 --> 02:15.480] footing. [02:15.480 --> 02:19.720] FBI field offices have been authorized to expand their surveillance and monitoring to [02:19.720 --> 02:22.000] include hundreds of subjects. [02:22.000 --> 02:26.720] Officials say potential terrorism suspects could be arrested on charges not related to [02:26.720 --> 02:27.720] terrorism. [02:27.720 --> 02:32.320] In New York, the police are swabbing backpacks and shoulder bags and using chemical and biological [02:32.320 --> 02:35.400] agent detectors at subway entrances. [02:35.400 --> 02:39.360] Counterterrorism officials concede no solid intelligence about attacks inside the U.S. [02:39.360 --> 02:45.440] has been detected by the country's enormous network of spies, electronic ears, and cameras. [02:45.440 --> 02:50.600] As the FBI steps up domestic operations, the military is expanding its footprint in Pakistan [02:50.600 --> 02:55.720] and Somalia using information gathered from the raid on the bin Laden compound as well [02:55.720 --> 02:56.720] as that gathered beforehand. [02:56.720 --> 02:57.720] For more details on this story, visit www.inmworldreport.net. [02:57.720 --> 03:14.720] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [03:14.720 --> 03:15.720] talk radio at its best. [03:44.720 --> 03:46.720] We're here to help you. [03:46.720 --> 03:48.720] We're here to help you. [03:48.720 --> 03:51.720] Bad boys, bad boys, what you going to do? [03:51.720 --> 03:53.720] What you going to do when they come for you? [03:53.720 --> 03:56.720] Bad boys, bad boys, what you going to do? [03:56.720 --> 03:59.720] What you going to do when they come for you? [03:59.720 --> 04:04.720] When you were eight and you had bad traits, you go to school and learn the golden rule. [04:04.720 --> 04:07.720] So why are you acting like a bloody fool? [04:07.720 --> 04:10.720] If you get hot, then you must get cool. [04:10.720 --> 04:12.720] Bad boys, bad boys, what you going to do? [04:12.720 --> 04:15.720] What you going to do when they come for you? [04:15.720 --> 04:18.720] Bad boys, bad boys, what you going to do? [04:18.720 --> 04:20.720] What are you going to do when we come for you? [04:20.720 --> 04:24.720] Here at the Rule of Law, Rule of Law Radio. [04:24.720 --> 04:27.720] Tonight is Thursday, May 5th. [04:27.720 --> 04:29.720] I am Deborah Stevens. [04:29.720 --> 04:34.720] I'm here with my very esteemed co-hosts, Randy Kelton and Eddie Craig. [04:34.720 --> 04:37.720] We'll be taking your calls this evening. [04:37.720 --> 04:42.720] And tonight we have a guest hopefully calling in within the next few minutes, [04:42.720 --> 04:50.720] Representative David Simpson, Rookie of the Year we're calling him because he has sponsored, [04:50.720 --> 04:56.720] he is the author of House Bill 1937 and 1938 here in Texas. [04:56.720 --> 05:05.720] 1937 would outlaw the TSA groping in the airports and groping by any public servant, I might add, [05:05.720 --> 05:14.720] as a means of standard security procedure to gain access to a public facility that includes libraries, [05:14.720 --> 05:21.720] courthouses, doesn't matter if it's a state public servant, city public servant, [05:21.720 --> 05:24.720] federal public servant, doesn't matter. [05:24.720 --> 05:29.720] You can't do it in the state of Texas unless you have probable cause and a warrant. [05:29.720 --> 05:35.720] That is what House Bill 1937 says, which has passed out of committee by the way. [05:35.720 --> 05:39.720] It is pending in the calendars committee waiting to be scheduled. [05:39.720 --> 05:42.720] We're going to talk more about that in a moment. [05:42.720 --> 05:48.720] House Bill 1938 was also written by David Simpson and House Bill 1938, [05:48.720 --> 05:53.720] which just passed out of the Transportation Committee today, yay, [05:53.720 --> 05:56.720] which would banish the naked body scanners. [05:56.720 --> 05:57.720] Woohoo! [05:57.720 --> 06:00.720] All right, that just was approved and passed out, [06:00.720 --> 06:06.720] reported favorably by the Transportation Committee today. [06:06.720 --> 06:13.720] Now folks, last time I checked on either one of these bills, [06:13.720 --> 06:17.720] we're talking, okay, here it is, House Bill 1938. [06:17.720 --> 06:26.720] 49, 50, 51, 52, 53, 54 House members are co-authors or joint authors. [06:26.720 --> 06:28.720] There are four joint authors. [06:28.720 --> 06:33.720] The primary author is Simpson and 49 additional co-authors. [06:33.720 --> 06:40.720] And the same is true of House Bill 1937. [06:40.720 --> 06:43.720] On that bill, oh, goodness, it's gone way up. [06:43.720 --> 06:52.720] We've got the primary author, four co-authors, and 82 co-authors. [06:52.720 --> 06:56.720] I'm sorry, four joint authors and 82 co-authors. [06:56.720 --> 07:02.720] That makes for a grand total of 87 House reps have already signed onto the bill [07:02.720 --> 07:08.720] plus the 50-something House reps that have signed onto the House Bill 1938, [07:08.720 --> 07:10.720] which is the body scanning bill. [07:10.720 --> 07:14.720] All right, folks, there's only like 150 members in the House. [07:14.720 --> 07:17.720] This is half of the House right here. [07:17.720 --> 07:23.720] That more than half of the House of Representatives have signed onto House Bill 1937. [07:23.720 --> 07:29.720] In other words, it's a done deal, except for one small problem. [07:29.720 --> 07:34.720] Apparently, there's a holdup in the calendars committee. [07:34.720 --> 07:38.720] It's not being scheduled to go to the floor for debate. [07:38.720 --> 07:44.720] Now, I called my House rep today. [07:44.720 --> 07:46.720] Actually, I called a number of them today. [07:46.720 --> 07:48.720] My House rep is Eddie Rodriguez, [07:48.720 --> 07:51.720] and he fortunately is on all three of these committees. [07:51.720 --> 07:53.720] He's on the Criminal Jurisprudence Committee. [07:53.720 --> 07:58.720] He is on the Transportation Committee, and he's on the calendars committee. [07:58.720 --> 08:02.720] I talked to his aide today, and I said, hey, what's up? [08:02.720 --> 08:04.720] All these reps have signed onto the bill. [08:04.720 --> 08:06.720] It's passed out of committee. [08:06.720 --> 08:11.720] Now we're talking over half the House has signed on as co-authors of the bill. [08:11.720 --> 08:12.720] It's a done deal. [08:12.720 --> 08:15.720] Why is it not being scheduled to go to the floor? [08:15.720 --> 08:23.720] And his aide told me that basically there's a holdup because of the Speaker of the House, [08:23.720 --> 08:34.720] Big Bad Mr. Joe Strauss, out of District 121, which is Bear County, San Antonio, Texas. [08:34.720 --> 08:36.720] He is holding up the bill. [08:36.720 --> 08:39.720] And I said, well, what does he have to do with anything? [08:39.720 --> 08:40.720] He's not on the calendar committee. [08:40.720 --> 08:43.720] He's not on any of these other committees. [08:43.720 --> 08:47.720] And I said, who schedules these things anyway? [08:47.720 --> 08:56.720] And I was told by Representative Rodriguez's aide that basically the chair of the committee has all the power. [08:56.720 --> 09:00.720] The other members of the committee influence and can put pressure, [09:00.720 --> 09:06.720] but basically the chair of the committee decides when something's going to get scheduled for vote. [09:06.720 --> 09:11.720] And apparently there was some concern that we were going to need to pressure the chair of the [09:11.720 --> 09:15.720] Transportation Committee that we were going to have to schedule the, [09:15.720 --> 09:20.720] put some pressure on the chair of the Transportation Committee to get the, [09:20.720 --> 09:26.720] to get House Bill 1938 scheduled for vote in the Transportation Committee. [09:26.720 --> 09:30.720] And we already knew there was overwhelming support within the Transportation Committee, [09:30.720 --> 09:34.720] so we were concerned that the chair of the Transportation Committee was holding it up. [09:34.720 --> 09:40.720] So I called the chair of the Transportation Committee today, Todd Hunter's office, [09:40.720 --> 09:43.720] and I was put on hold for a moment, and then when they came back, when the aide came back, [09:43.720 --> 09:49.720] she said that, or actually he, he said that it was scheduled for vote for today. [09:49.720 --> 09:53.720] So I don't know if that had anything to do with my phone call or if it was already on the schedule, [09:53.720 --> 09:58.720] but the point is we do make a difference when we call these people and send them letters. [09:58.720 --> 09:59.720] Calling is the best thing. [09:59.720 --> 10:01.720] Even showing up is even better. [10:01.720 --> 10:06.720] Well, at any rate, it did, it was scheduled for vote today, and it did pass. [10:06.720 --> 10:08.720] However, now we have to deal with the calendars committee. [10:08.720 --> 10:14.720] So back to what the Representative, Representative Rodriguez's aide told me. [10:14.720 --> 10:23.720] His aide told me that the problem is not only with the chairmen or chairwomen of these committees, [10:23.720 --> 10:27.720] but the main problem is the Speaker of the House and the Governor. [10:27.720 --> 10:34.720] I was told by the aide of Representative Rodriguez that the Speaker of the House [10:34.720 --> 10:40.720] and the Governor control the House, period, and if one or the other or both of them [10:40.720 --> 10:43.720] do not want a bill going to the floor, it doesn't go. [10:43.720 --> 10:50.720] It doesn't matter how many reps want the bill or have signed onto the bill. [10:50.720 --> 10:53.720] The whole House could sign onto the bill for that matter, [10:53.720 --> 10:57.720] and it still will not pass out of the calendars committee to go to the floor [10:57.720 --> 11:02.720] if the Speaker of the House doesn't want it to or if the Governor doesn't want it to. [11:02.720 --> 11:04.720] And I said, oh, really? [11:04.720 --> 11:11.720] Well, then why do we even have a legislature at all? [11:11.720 --> 11:16.720] I mean, I just don't understand how the Speaker of the House can have that much power [11:16.720 --> 11:20.720] over individual members of the House. [11:20.720 --> 11:26.720] I mean, you've got Todd Hunter here, who is the chairman of the committee. [11:26.720 --> 11:29.720] He is the chairman of the calendars committee. [11:29.720 --> 11:39.720] What is there in place where he feels that he has to do the bidding of the Speaker? [11:39.720 --> 11:42.720] I mean, what, is this just for personal political gain? [11:42.720 --> 11:46.720] I mean, maybe you just don't get on the good committees. [11:46.720 --> 11:51.720] Maybe you don't get to become chair if you don't kiss the Speaker's butt. [11:51.720 --> 11:56.720] I don't know what it is, but I'm going to find out, because this is just wrong. [11:56.720 --> 12:01.720] Now, I asked Todd Hunter's aide if there was a problem, [12:01.720 --> 12:06.720] if he had a particular problem with House Bill 1937 [12:06.720 --> 12:08.720] and that that's why it wasn't going to the floor. [12:08.720 --> 12:14.720] I asked his aide specifically, does Todd Hunter have a problem with House Bill 1937? [12:14.720 --> 12:18.720] And his aide said, I don't know. [12:18.720 --> 12:22.720] His aide told me that he doesn't know, he doesn't think so. [12:22.720 --> 12:25.720] And I said, well, can you find out, please? [12:25.720 --> 12:26.720] Okay, I put him on the dime. [12:26.720 --> 12:27.720] His name is John. [12:27.720 --> 12:31.720] And folks, I encourage you to call Todd Hunter's office and speak with John [12:31.720 --> 12:37.720] or one of the other aides and put the pressure on Todd Hunter to find out, ask him. [12:37.720 --> 12:40.720] Can you please ask the rep if he has a problem with the bill [12:40.720 --> 12:42.720] and that's why it's not getting scheduled to go to the floor? [12:42.720 --> 12:46.720] Because apparently over half of the House has already signed on. [12:46.720 --> 12:47.720] All right? [12:47.720 --> 12:51.720] And I was hoping that by now Representative Simpson would have called in [12:51.720 --> 12:53.720] to shed some light on this matter, [12:53.720 --> 12:56.720] but he is on the floor of the House as we speak. [12:56.720 --> 12:59.720] I did have him scheduled to call in at 5 after, but he's not calling in. [12:59.720 --> 13:00.720] Hopefully he will call in at some point. [13:00.720 --> 13:03.720] If not, we'll have to reschedule with him. [13:03.720 --> 13:05.720] But we need to get to the bottom of this. [13:05.720 --> 13:11.720] Why does the Speaker of the House and the Governor have so much power [13:11.720 --> 13:15.720] that they can wield over the Calendars Committee [13:15.720 --> 13:17.720] and over the Chairman of the Calendars Committee [13:17.720 --> 13:20.720] that even when most of the House has signed on to a bill, [13:20.720 --> 13:22.720] it's still not going to the floor for debate? [13:22.720 --> 13:32.720] Now, folks, if y'all will go to the website stopaustinscanners.org, [13:32.720 --> 13:37.720] it's a very good site and it has some action alerts [13:37.720 --> 13:43.720] where you can do an email blast to all the reps and senators at once. [13:43.720 --> 13:47.720] Now, personally, I don't put too much stock in emails. [13:47.720 --> 13:49.720] Phone calls are much better. [13:49.720 --> 13:53.720] But it does have, on that website, it has a list of all the reps [13:53.720 --> 13:56.720] on the Calendars Committee and their phone numbers and emails [13:56.720 --> 13:59.720] and all the reps on the Transportation Committee [13:59.720 --> 14:00.720] and all their phone numbers. [14:00.720 --> 14:02.720] We don't really need to harass the Transportation Committee anymore. [14:02.720 --> 14:04.720] That bill is passed out of the Transportation Committee. [14:04.720 --> 14:06.720] We need to harass the Calendars Committee. [14:06.720 --> 14:10.720] We specifically need to harass Todd Hunter, who is the Chair, [14:10.720 --> 14:15.720] call his office, fax, email. [14:15.720 --> 14:19.720] If you live in Austin, likely your rep is Eddie Rodriguez. [14:19.720 --> 14:25.720] Call and encourage him to continue to put the pressure [14:25.720 --> 14:27.720] within the Calendars Committee. [14:27.720 --> 14:29.720] So that is the deal there. [14:29.720 --> 14:32.720] Now, Randy, what is your take on this? [14:32.720 --> 14:36.720] What can we do to the Speaker of the House? [14:36.720 --> 14:38.720] And folks, wait, before Randy answers that question, [14:38.720 --> 14:44.720] I am going to give out the Speaker of the House's phone number. [14:44.720 --> 14:48.720] This is Representative Joe Strauss, Big Bed Joe Strauss, [14:48.720 --> 14:52.720] Speaker of the House from District 121 in San Antonio, [14:52.720 --> 14:55.720] representing San Antonio, Bayer County. [14:55.720 --> 15:04.720] And his phone number to his office is 463-1000. [15:04.720 --> 15:05.720] That's area code 512. [15:05.720 --> 15:08.720] Area code 512, 463-1000. [15:08.720 --> 15:11.720] You do not have to be a constituent to call him. [15:11.720 --> 15:15.720] You do not have to be a constituent to call Todd Hunter. [15:15.720 --> 15:21.720] His phone number is 512-463-0672. [15:21.720 --> 15:26.720] So we need to harass the Speaker and Todd Hunter. [15:26.720 --> 15:28.720] Okay, Randy, what is your take on this? [15:28.720 --> 15:34.720] How can we as citizens put the pressure on the Speaker of the House? [15:34.720 --> 15:38.720] Well, I'm not familiar with the rules of the House, [15:38.720 --> 15:43.720] so I'd have to do some research to see how he comes by this power. [15:43.720 --> 15:49.720] Does he come by it by rule or by stipulation of the other members? [15:49.720 --> 15:54.720] No, he does not come by this power by rule or Robert's Rules of Order [15:54.720 --> 15:57.720] or any rules of the House that are official. [15:57.720 --> 16:03.720] The aide told me today this is strictly insider politics. [16:03.720 --> 16:10.720] Good, then if it's insider politics, politicians are susceptible to votes, [16:10.720 --> 16:16.720] then every constituent they talk to, they can count 15 votes. [16:16.720 --> 16:19.720] Votes matter. [16:19.720 --> 16:23.720] If we can get a lot of calls, a lot of people calling in, [16:23.720 --> 16:27.720] people going down to the hearings, going down to the office, [16:27.720 --> 16:30.720] wanting to talk to the Speaker or his aides, [16:30.720 --> 16:34.720] and chew his aides' ears off, it will have an effect. [16:34.720 --> 16:37.720] We are in Austin. We are in the seat of government. [16:37.720 --> 16:40.720] Well, you are. I'm not at the moment. [16:40.720 --> 16:43.720] But we have access. We have the right to access, [16:43.720 --> 16:46.720] and we need to take advantage of it. [16:46.720 --> 16:48.720] All right, we're going to talk about this some more on the other side. [16:48.720 --> 16:51.720] David Simpson has not called in yet. I don't know if he's going to. [16:51.720 --> 16:54.720] Hopefully he will, but we're going to continue this on the other side, [16:54.720 --> 16:59.720] and then we'll be taking your calls, 512-646-1984. [16:59.720 --> 17:03.720] Capital Coin and Bullion is your local source for rare coins, [17:03.720 --> 17:07.720] precious metals, and coin supplies in the Austin metro area. [17:07.720 --> 17:09.720] We also ship worldwide. [17:09.720 --> 17:12.720] We're a family-owned and operated business that offers competitive prices [17:12.720 --> 17:14.720] on your coin and metals purchases. [17:14.720 --> 17:17.720] Because of you, Austin, business has been so good [17:17.720 --> 17:20.720] that we've had to move to a new and bigger location. [17:20.720 --> 17:23.720] We're now located at 7304 Burnett Road Suite A, [17:23.720 --> 17:27.720] 1.2 miles north on Burnett from our previous location. [17:27.720 --> 17:30.720] We're on the west side of Burnett Road in the Stanley Insurance Building [17:30.720 --> 17:34.720] on the ground floor next to the Ishabon Sushi and the Genie Car Wash. [17:34.720 --> 17:38.720] We're open Monday through Friday, 10 to 6, Saturdays 10 to 5. [17:38.720 --> 17:44.720] You're welcome to stop in during regular business hours or call 512-646-6440. [17:44.720 --> 17:48.720] Ask for Chad or Becky and say that you heard about us on Rule of Law Radio [17:48.720 --> 17:50.720] or Texas Liberty Radio. [17:50.720 --> 17:55.720] That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A [17:55.720 --> 17:59.720] or call 512-646-6440. [18:25.720 --> 18:27.720] We'll be right back. [18:55.720 --> 18:59.720] To learn how to stop debt collectors now. [19:25.720 --> 19:52.720] All right. [19:52.720 --> 19:55.720] All right. [19:55.720 --> 20:00.720] Them like, them love slavery because they get a handout from the government, you see. [20:00.720 --> 20:10.720] Words of wisdom from our singer Pat, Patterson Martin of Rishi's Pasi, that's my band. [20:10.720 --> 20:17.720] So folks, okay, we need to go get in their face and not in an aggressive, mean, violent way, [20:17.720 --> 20:21.720] but literally being in their physical presence, going to their office. [20:21.720 --> 20:27.720] And I think that, I think this absolutely calls for some street action here. [20:27.720 --> 20:31.720] Boots on the ground, not just emails, not just phone calls. [20:31.720 --> 20:36.720] I think we need to have as many people as possible take the time out of their day. [20:36.720 --> 20:37.720] It doesn't take long. [20:37.720 --> 20:42.720] And parking, you know, parking downtown Austin is really not that big of a deal [20:42.720 --> 20:45.720] if you're only intending on being somewhere for a short period of time. [20:45.720 --> 20:48.720] Now if you want to go park downtown all day, yeah, it's expensive. [20:48.720 --> 20:53.720] You've got to pay for parking garages, but really, you know, it's not that big of a deal in Austin. [20:53.720 --> 20:58.720] You know, there's always parking on the streets around the Capitol right downtown. [20:58.720 --> 21:04.720] I mean, park on Lavaca, heading up right around 11th Street. [21:04.720 --> 21:09.720] You know, it's take you three minutes to walk from Lavaca to the Capitol. [21:09.720 --> 21:10.720] You said no emails. [21:10.720 --> 21:15.720] That's going to kind of like, I wrote a nice one. [21:15.720 --> 21:17.720] Well, no, I think emails, emails are fine. [21:17.720 --> 21:19.720] We need to hit them with everything, right? [21:19.720 --> 21:21.720] Send faxes, emails and calls. [21:21.720 --> 21:26.720] But I think that showing up in their office, especially to Todd Hunter's office [21:26.720 --> 21:33.720] and especially to Joe Strauss' office and confronting their aides, you know, in a nice way and saying, [21:33.720 --> 21:35.720] hey, what's the deal, guys? [21:35.720 --> 21:42.720] Why are these, why is House Rep Todd Hunter not scheduling this for the calendar? [21:42.720 --> 21:53.720] Why is the speaker trying to block this bill when we've got 86, 87 House members that have signed on to this? [21:53.720 --> 21:55.720] What is the big problem here, all right? [21:55.720 --> 21:58.720] We get enough people showing up in their office. [21:58.720 --> 22:00.720] I think it can make a difference. [22:00.720 --> 22:05.720] I know that being there in person and talking to them does make a difference. [22:05.720 --> 22:12.720] I think that all the folks that showed up to the Criminal Jurisprudence Committee on the, [22:12.720 --> 22:19.720] especially concerning the checkpoint bill, to give them stats, I did a lot of research on statistics [22:19.720 --> 22:23.720] concerning these checkpoints that they don't do any good, these so-called sobriety checkpoints. [22:23.720 --> 22:25.720] They actually increase crime. [22:25.720 --> 22:27.720] They actually increase drunk driving. [22:27.720 --> 22:33.720] And I know that the stats that I presented plus the stats that other people presented, I know it had an effect. [22:33.720 --> 22:36.720] And so far, the bill has been stalled in committee. [22:36.720 --> 22:38.720] It's still pending. [22:38.720 --> 22:42.720] And hopefully, it's going to remain that way for the rest of the session. [22:42.720 --> 22:45.720] So showing up does help. [22:45.720 --> 22:47.720] Randy, you have any other remedies? [22:47.720 --> 22:49.720] I mean, can we file lawsuits against these people? [22:49.720 --> 22:51.720] Can we report them criminally? [22:51.720 --> 22:53.720] Can we file criminal complaints against them? [22:53.720 --> 22:54.720] No. [22:54.720 --> 23:02.720] They are the legislators, and they have a tremendous amount of discretion and leeway. [23:02.720 --> 23:08.720] It is intended that they primarily be influenced by you and I. [23:08.720 --> 23:18.720] When you and I fail to influence them, they fall prey to other influences, political influences. [23:18.720 --> 23:25.720] So if they're being influenced by the politics of the speaker and the governor, [23:25.720 --> 23:29.720] it's because we haven't flexed our influence strong enough. [23:29.720 --> 23:34.720] And I think another influence that we need to flex is towards the mainstream media. [23:34.720 --> 23:40.720] We need to be hitting up and calling up all the local TV station affiliates [23:40.720 --> 23:43.720] and inform them of the situation that, hey, [23:43.720 --> 23:50.720] over half of the House has already signed on to be co-authors of this bill. [23:50.720 --> 23:54.720] Eighty-two? That's over half. Eighty-seven total? [23:54.720 --> 24:03.720] Come on. It's already almost at the point that it would override a veto by the governor even. [24:03.720 --> 24:06.720] That's how far this thing has gone already. [24:06.720 --> 24:10.720] And I think we need to pressure the mainstream media to run, [24:10.720 --> 24:14.720] or I call the dinosaur media, to run a story on this. [24:14.720 --> 24:19.720] Well, can I read my email and give people some good talking points to take in there? [24:19.720 --> 24:20.720] It's pretty short. [24:20.720 --> 24:21.720] Sure. Go ahead, Eddie. [24:21.720 --> 24:23.720] Is this coercive? [24:23.720 --> 24:26.720] No. Actually, it's kind of in your face. It's not subversive. [24:26.720 --> 24:31.720] It's as above the board as you can get. It's even holding a board. [24:31.720 --> 24:33.720] Does it say anything about Hangman's nuisance? [24:33.720 --> 24:37.720] I hope it's holding a two-by-four board. [24:37.720 --> 24:40.720] Yeah, well, Representative Strauss, I am not a politician, [24:40.720 --> 24:44.720] and I am most certainly not worried about being politically correct. [24:44.720 --> 24:47.720] What I am, though, is a Texan, and I believe in telling it like it is [24:47.720 --> 24:49.720] no matter how much hide it takes off. [24:49.720 --> 24:52.720] And right now, you need some political skinning. [24:52.720 --> 24:55.720] I would like to ask just who it is you think you are [24:55.720 --> 24:57.720] and who it is you serve as a representative. [24:57.720 --> 25:00.720] Representative Simpson's bills are important to the rights, [25:00.720 --> 25:02.720] liberties, and welfare of every Texan, [25:02.720 --> 25:05.720] and you appear to be trying to prevent their passing. [25:05.720 --> 25:07.720] I would like to know why. [25:07.720 --> 25:10.720] Apparently, you and that no-good sellout of a governor [25:10.720 --> 25:12.720] are trying to block Representative Simpson's bills [25:12.720 --> 25:14.720] from leaving the calendar committee. [25:14.720 --> 25:16.720] Again, why? [25:16.720 --> 25:19.720] These bills are intended to protect the people of Texas [25:19.720 --> 25:23.720] from the abuses of the TSA and the federal government in general, [25:23.720 --> 25:25.720] while you and bought and paid for Perry [25:25.720 --> 25:28.720] would apparently rather see these abuses continue. [25:28.720 --> 25:31.720] Get your politically corrupt carcass out of the way [25:31.720 --> 25:33.720] and let these bills through before the people of Texas [25:33.720 --> 25:36.720] see just what kind of individual they elected to office. [25:36.720 --> 25:41.720] And as a radio talk show host, I can certainly help make that happen. [25:41.720 --> 25:44.720] Stop betraying the people of Texas like so many of your cronies [25:44.720 --> 25:47.720] in the legislature have done. [25:47.720 --> 25:48.720] That's my email. [25:48.720 --> 25:50.720] I think you should fax that over there. [25:50.720 --> 25:55.720] They take more note of faxes than they do of emails. [25:55.720 --> 25:57.720] It's too easy to just breeze through it, [25:57.720 --> 26:00.720] blow through emails and not click on them and read them, [26:00.720 --> 26:03.720] but whenever faxes come in, [26:03.720 --> 26:07.720] the aides always put the faxes on the representative's desk, [26:07.720 --> 26:10.720] so there's a physical piece of paper there in their face, [26:10.720 --> 26:15.720] and the aides will also report verbally to the rep about it too. [26:15.720 --> 26:18.720] I'm just wondering why you were being so meaty-mouthed [26:18.720 --> 26:20.720] and not say what you mean. [26:20.720 --> 26:21.720] I know. [26:21.720 --> 26:25.720] I just can't seem to put into words how I feel about these folks at times. [26:25.720 --> 26:32.720] Well, so, Randy, I mean, is the stock kind of cliche trite answer of [26:32.720 --> 26:35.720] call your reps, send them faxes? [26:35.720 --> 26:40.720] I mean, you know, is that really the only thing that we can do here? [26:40.720 --> 26:42.720] Well, there is another thing. [26:42.720 --> 26:43.720] What? [26:43.720 --> 26:51.720] If we can't get the local dinosaur media to report these issues, [26:51.720 --> 26:55.720] we call their sponsors. [26:55.720 --> 26:59.720] You call the media sponsors. [26:59.720 --> 27:01.720] Find the biggest ads in the paper. [27:01.720 --> 27:06.720] What are you doing advertising with these scumbags? [27:06.720 --> 27:08.720] Do you slop out of the same trough? [27:08.720 --> 27:15.720] If you can get the chairman of the board or generally the most powerful person [27:15.720 --> 27:19.720] in any large corporation, it's not the chairman of the board [27:19.720 --> 27:23.720] and it's not the president or the CEO. [27:23.720 --> 27:25.720] It's the secretary's. [27:25.720 --> 27:33.720] If you get the CEO or the president's secretary and read her the riot act, [27:33.720 --> 27:35.720] she's not going to like it. [27:35.720 --> 27:40.720] Now, the president and the CEO have to be somewhat diplomatic. [27:40.720 --> 27:43.720] The secretaries don't. [27:43.720 --> 27:48.720] They'll go down through that company, stomping their feet all the way, [27:48.720 --> 27:54.720] and you're likely to get, well, actually, she can be more candid [27:54.720 --> 27:57.720] in talking to other people in the organization and say, [27:57.720 --> 28:02.720] look, I just got chewed up one side and down the other. [28:02.720 --> 28:08.720] Do you want me to take this to my boss or do you want to fix this? [28:08.720 --> 28:10.720] Good point. [28:10.720 --> 28:14.720] Okay, that's cheating, but it works. [28:14.720 --> 28:15.720] Well, I'll tell you what. [28:15.720 --> 28:18.720] This is what we need to do, and we need to do it in a hurry [28:18.720 --> 28:22.720] before these bills die in the calendar committee and the session is over. [28:22.720 --> 28:28.720] We need to hound the local dinosaur media, the Austin American Statesmen, [28:28.720 --> 28:31.720] the local affiliates, now guys and gals out there, I don't watch TV. [28:31.720 --> 28:34.720] I don't have a TV, so I don't know who their sponsors are. [28:34.720 --> 28:37.720] So folks, listen, if y'all are out there in Austin [28:37.720 --> 28:42.720] and you actually do pay attention to the mainstream dinosaur media, [28:42.720 --> 28:47.720] if you could get us, email us a list of these sponsors, [28:47.720 --> 28:51.720] then we can announce them on the air, but I think that is a great idea. [28:51.720 --> 29:00.720] You go after the media's sponsors, and then things will change. [29:00.720 --> 29:04.720] But we can't really threaten them with a lawsuit or criminal issues [29:04.720 --> 29:09.720] unless we can show that they have violated some rules of the House. [29:09.720 --> 29:17.720] Okay, we can directly accuse the sponsor of supporting the molestation [29:17.720 --> 29:22.720] of our children by alleged public officials. [29:22.720 --> 29:25.720] That is good, that is good. [29:25.720 --> 29:29.720] And we're from the media too, and we'll say we are going to announce [29:29.720 --> 29:32.720] on our radio show for all our listeners to boycott your product [29:32.720 --> 29:35.720] because you support pedophilia. [29:35.720 --> 29:37.720] That is perfect. [29:37.720 --> 29:38.720] I love it. [29:38.720 --> 29:41.720] Good idea, Randy. [29:41.720 --> 29:42.720] All right, folks. [29:42.720 --> 29:46.720] Yeah, not to mention the child pornography with the scanners if they go in. [29:46.720 --> 29:48.720] Right, good one. [29:48.720 --> 29:53.720] Okay, folks, so let's get on the media, accuse them of supporting pedophilia. [29:53.720 --> 29:56.720] If they don't expose this and start reporting on it, [29:56.720 --> 29:59.720] we're going to be taking your calls on the other side. [30:26.720 --> 30:31.720] ...or why it fell, why it matters, and what you can do. [30:31.720 --> 30:32.720] Pressure. [30:32.720 --> 30:34.720] We usually associate it with stress and negativity, [30:34.720 --> 30:37.720] but sometimes a bit of pressure can be healing. [30:37.720 --> 30:38.720] I'm Dr. Catherine Albrecht, [30:38.720 --> 30:41.720] and I'll be back to tell you how conditions like nausea can be cured [30:41.720 --> 30:45.720] using the traditional Chinese therapy known as acupressure. [30:45.720 --> 30:47.720] Privacy is under attack. [30:47.720 --> 30:50.720] When you give up data about yourself, you'll never get it back again. [30:50.720 --> 30:55.720] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:55.720 --> 31:00.720] So protect your rights, say no to surveillance, and keep your information to yourself. [31:00.720 --> 31:03.720] Privacy, it's worth hanging onto. [31:03.720 --> 31:06.720] This public service announcement is brought to you by StartPage.com, [31:06.720 --> 31:10.720] the private search engine alternative to Google, Yahoo, and Bing. [31:10.720 --> 31:14.720] Start over with StartPage. [31:14.720 --> 31:18.720] Acupressure is an ancient practice that uses finger or hand pressure [31:18.720 --> 31:21.720] to cure everything from headaches to constipation. [31:21.720 --> 31:23.720] The pressure is applied to points known as meridians [31:23.720 --> 31:26.720] that are believed to control the flow of energy in the human body. [31:26.720 --> 31:29.720] Acupressure offers a simple cure for nausea you might try [31:29.720 --> 31:33.720] the next time you get a queasy stomach or a case of motion sickness. [31:33.720 --> 31:36.720] Simply apply moderate pressure to the point known as P6. [31:36.720 --> 31:38.720] You'll find it on the inside of your wrist, [31:38.720 --> 31:41.720] about two fingers width down from your palm. [31:41.720 --> 31:44.720] Pleasing pressure on the P6 point works on the same principle [31:44.720 --> 31:47.720] as those pricey anti-nausea wristbands, [31:47.720 --> 31:50.720] but this relief is free and always on hand. [31:50.720 --> 31:55.720] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [32:09.720 --> 32:11.720] All right, folks, we are back. [32:11.720 --> 32:13.720] We're going to be taking your calls in just a moment. [32:13.720 --> 32:18.720] We do have a few more comments, though, concerning Big Bad Joe Strauss, [32:18.720 --> 32:25.720] the Speaker of the House, and Bloch Rick Perry concerning what is the deal, [32:25.720 --> 32:27.720] why would they want to block these bills? [32:27.720 --> 32:30.720] Now, I just did the math. [32:30.720 --> 32:36.720] They already have an already there are well over half of the House [32:36.720 --> 32:39.720] has signed on to the bill as co-authors. [32:39.720 --> 32:42.720] So the bill will pass if it gets to the floor. [32:42.720 --> 32:43.720] That is not an issue. [32:43.720 --> 32:44.720] I just did the math. [32:44.720 --> 32:51.720] It would take two-thirds to override actually two-thirds would be 100, [32:51.720 --> 32:55.720] 100 minus 87 is 13. [32:55.720 --> 33:01.720] All they would need is 13 more supporters to override a governor veto, [33:01.720 --> 33:04.720] and I'm sure they already have that. [33:04.720 --> 33:08.720] I mean, just because some of the reps haven't signed on as co-authors, [33:08.720 --> 33:11.720] that doesn't mean that they're going to vote against the bill. [33:11.720 --> 33:15.720] I think it would be very easy to get an additional 13 if they don't already have it. [33:15.720 --> 33:19.720] So likely there are already enough votes to override the governor's veto [33:19.720 --> 33:21.720] if it became necessary. [33:21.720 --> 33:24.720] So the question remains, why are they doing this? [33:24.720 --> 33:28.720] Why is the Speaker of the House and the governor trying to stop this bill? [33:28.720 --> 33:32.720] Now, we discussed this a little bit on the break, and Randy said money. [33:32.720 --> 33:33.720] Of course, it's always about money. [33:33.720 --> 33:35.720] They want the federal funding. [33:35.720 --> 33:40.720] And my question is, well, none of the rest of these House reps seem to think [33:40.720 --> 33:43.720] that this federal funding is necessary. [33:43.720 --> 33:50.720] So why did the Speaker of the House and the governor want it so bad? [33:50.720 --> 33:52.720] Randy, that's your cue. [33:52.720 --> 33:57.720] Yeah, well, somebody had muted my mic again. [33:57.720 --> 34:00.720] It's just because I'm so far away it takes a long time. [34:00.720 --> 34:04.720] Oh, yeah, right. [34:04.720 --> 34:11.720] But the governor is very closely tied to the Bush administration, always has been. [34:11.720 --> 34:17.720] And I'm concerned that the governor would completely sell us out to the Fed [34:17.720 --> 34:18.720] if he had the opportunity. [34:18.720 --> 34:19.720] Oh, of course. [34:19.720 --> 34:28.720] And there is a lot of pressure in the state to end the federal preemption in the state. [34:28.720 --> 34:35.720] The governor secures a lot of federal funding for the state, and it makes him look good. [34:35.720 --> 34:42.720] If he loses that federal funding, there will be more pressure on local tax base. [34:42.720 --> 34:49.720] And they want all of us voters out here as pacified as they can get us. [34:49.720 --> 34:53.720] I suspect that he doesn't want to do anything that will make it look like he's costing [34:53.720 --> 34:58.720] this federal funding and thereby forcing the local tax base to have to increase [34:58.720 --> 35:03.720] so he can keep up his exorbitant spending. [35:03.720 --> 35:06.720] Heck, he's getting his house fixed. [35:06.720 --> 35:09.720] He may want another place remodeled. [35:09.720 --> 35:14.720] So he doesn't want to have to start another fire, I suppose. [35:14.720 --> 35:19.720] Yeah, well, what you were saying on break also was that they're tied to bigger interests. [35:19.720 --> 35:23.720] You know, the governor and the speaker of the House, they obviously, [35:23.720 --> 35:27.720] they're going to have their sights on higher offices, federal offices. [35:27.720 --> 35:31.720] So they're trying to please the Fed, and it's just wrong. [35:31.720 --> 35:33.720] Now, I do have information. [35:33.720 --> 35:40.720] 1937 has been in calendar since mid-April, and it's already the first week of May. [35:40.720 --> 35:42.720] So definitely it is stalled. [35:42.720 --> 35:46.720] We need to be all over there, but now we've got a caller here on topic, [35:46.720 --> 35:50.720] Bill from Texas, advice on the calendaring and parking. [35:50.720 --> 35:52.720] Bill, thanks for calling in. [35:52.720 --> 35:56.720] What words of wisdom do you have for our listeners tonight on this issue? [35:56.720 --> 36:00.720] Well, first of all, they can park in the Capitol parking garage, [36:00.720 --> 36:06.720] which is at San Jacinto and 12th Street, and it's free for the first two hours. [36:06.720 --> 36:10.720] It's pretty close to the Capitol, just a couple of blocks over. [36:10.720 --> 36:12.720] And that's one thing. [36:12.720 --> 36:17.720] Another is that they can find out everything you need to know about the Calendars Committee at, [36:17.720 --> 36:19.720] can I give you a website? [36:19.720 --> 36:20.720] Yes, sure, go ahead. [36:20.720 --> 36:21.720] Okay. [36:21.720 --> 36:34.720] It's www.legis.state.tx.us. [36:34.720 --> 36:40.720] Or you can just put into a, that's legis.state.tx.us. [36:40.720 --> 36:45.720] Or you can just put into a search engine, Texas Legislature Online, [36:45.720 --> 36:49.720] and that will give you the website for that. [36:49.720 --> 36:54.720] And it'll, that's a great website, by the way, because it'll keep you abreast of what's going on. [36:54.720 --> 37:00.720] You can put in alert, so when something happens to a bill, it'll send you an email. [37:00.720 --> 37:07.720] It'll really keep you, you can do like 1937, 1938, and it will tell you whatever happens to it. [37:07.720 --> 37:17.720] The phone number for the Calendars Committee is 463-0758. [37:17.720 --> 37:19.720] And that's what it shows here. [37:19.720 --> 37:21.720] I'm at the Calendars Committee. [37:21.720 --> 37:27.720] And the room number, it says, is 2.148. [37:27.720 --> 37:30.720] But I think that's different than what I've been there. [37:30.720 --> 37:39.720] It was, I believe it was D2.808 is where I went. [37:39.720 --> 37:43.720] So I don't know if this is correct, but you can call their clerk. [37:43.720 --> 37:45.720] His name is Jennifer Welch. [37:45.720 --> 37:48.720] And you can ask her, what is the room number to go to? [37:48.720 --> 37:55.720] And her number again is 463-0758. [37:55.720 --> 38:02.720] But when you get there, you walk in the door and there's, you'll see red sheets for no on a bill, [38:02.720 --> 38:05.720] and you'll see green sheets for yes. [38:05.720 --> 38:12.720] And so on HB 1937 and 1938, you pick up an individual green sheet for each one, [38:12.720 --> 38:17.720] and then fill in the information saying, you know, this is for HB 1937, [38:17.720 --> 38:20.720] and you tell them why you want it to pass. [38:20.720 --> 38:26.720] Now, Bill, can folks walk in there and take a stack of them and bring them back for other people? [38:26.720 --> 38:33.720] Or does each individual person have to go and turn it in, him or herself, like in the committee hearings? [38:33.720 --> 38:35.720] I think that's what they prefer. [38:35.720 --> 38:39.720] And it would probably depend on the aide that you talk to. [38:39.720 --> 38:41.720] I know that's the correct procedure. [38:41.720 --> 38:43.720] The people are supposed to go up there individually. [38:43.720 --> 38:46.720] But whether, you know, it depends on the aide, I guess. [38:46.720 --> 38:51.720] Right. Well, I know for sure when they have committee hearings on bills, [38:51.720 --> 38:57.720] you can't just bring in a stack of the forms for other people. [38:57.720 --> 39:00.720] You have to turn them in yourself. [39:00.720 --> 39:03.720] But in the calendars committee, since they're not actually having a hearing, [39:03.720 --> 39:08.720] I didn't know if maybe we would be allowed to turn them in for other people. [39:08.720 --> 39:09.720] It's worth a try. [39:09.720 --> 39:10.720] It's worth a try. [39:10.720 --> 39:12.720] Probably maybe we could call and ask. [39:12.720 --> 39:14.720] Sure. [39:14.720 --> 39:18.720] Hopefully. I mean, but, you know, the thing is, what about folks that don't live in Austin? [39:18.720 --> 39:21.720] Hopefully they could mail them in or something. [39:21.720 --> 39:24.720] In fact, I'm going to call the calendars committee tomorrow, [39:24.720 --> 39:27.720] and I'm going to find out for everyone. [39:27.720 --> 39:28.720] Sounds great. [39:28.720 --> 39:29.720] So thanks, Bill. [39:29.720 --> 39:32.720] Do you have anything else for us tonight? [39:32.720 --> 39:33.720] I think that's it. [39:33.720 --> 39:36.720] I appreciate you bringing up these two bills, 1937 and 1938. [39:36.720 --> 39:39.720] Yes, and I'm sorry Representative Simpson did not call in tonight. [39:39.720 --> 39:44.720] I'll call his aide tomorrow and see if we can get him rescheduled. [39:44.720 --> 39:45.720] Sounds great. [39:45.720 --> 39:46.720] Thank you. [39:46.720 --> 39:47.720] All right. [39:47.720 --> 39:48.720] Thanks, Bill. [39:48.720 --> 39:49.720] Bye-bye. [39:49.720 --> 39:50.720] All right, folks. [39:50.720 --> 39:51.720] So you heard it. [39:51.720 --> 39:52.720] There's a parking garage. [39:52.720 --> 39:53.720] And if you didn't catch all the details, [39:53.720 --> 39:56.720] you can go back and listen to the archives and get all the phone numbers. [39:56.720 --> 39:59.720] So we are going to continue on with phone calls. [39:59.720 --> 40:04.720] Let's go to Dennis from Texas who's been holding for quite a long time since the beginning of the show. [40:04.720 --> 40:05.720] Dennis, thank you for calling in. [40:05.720 --> 40:07.720] What is your question or comment tonight? [40:07.720 --> 40:12.720] Yes, back in November I purchased the traffic seminar [40:12.720 --> 40:16.720] after receiving a traffic ticket on November the 1st. [40:16.720 --> 40:22.720] And I followed the procedure and filed the motion to dismiss for lack of jurisdiction. [40:22.720 --> 40:27.720] And I heard nothing from them until Wednesday of this week. [40:27.720 --> 40:33.720] I received a jury setting notice for each of the four charges [40:33.720 --> 40:38.720] telling me that I should appear on May the 27th for a jury trial. [40:38.720 --> 40:41.720] It appears to me that they've completely ignored my motion, [40:41.720 --> 40:43.720] therefore denied me due process. [40:43.720 --> 40:49.720] And it seemed to me that the next step for me would be to file a criminal complaint. [40:49.720 --> 40:52.720] And then I wanted to know your opinion about that. [40:52.720 --> 40:56.720] And then I had some follow-up questions about procedures of how to do that. [40:56.720 --> 40:59.720] Well, actually it's slightly different. [40:59.720 --> 41:05.720] There have been some document updates since then, which I just this past week managed to get finished [41:05.720 --> 41:09.720] and gave out at the last seminar here that we had Sunday. [41:09.720 --> 41:13.720] Now, what you need to do at this point, if they're going to a jury trial, [41:13.720 --> 41:16.720] what they've done is enter a plea in your absence. [41:16.720 --> 41:20.720] Have you checked the court record to see what's in the file? [41:20.720 --> 41:23.720] Well, I went down, I checked several times. [41:23.720 --> 41:27.720] I haven't checked since I got this notice. [41:27.720 --> 41:31.720] Okay, hold, I need a question. [41:31.720 --> 41:32.720] Okay. [41:32.720 --> 41:36.720] Have you been to the court for an arraignment hearing? [41:36.720 --> 41:38.720] No, there was no arraignment hearing. [41:38.720 --> 41:42.720] Okay, then if you haven't been to the court for an arraignment hearing, [41:42.720 --> 41:48.720] the court cannot have subject matter jurisdiction. [41:48.720 --> 41:56.720] They certainly can't bypass a motion hearing and go straight to trial. [41:56.720 --> 42:04.720] Yeah, and that's exactly what these new documents are set up to deal with. [42:04.720 --> 42:08.720] You did make an appearance in court and filed your motion to dismiss, right? [42:08.720 --> 42:09.720] Right. [42:09.720 --> 42:10.720] Okay. [42:10.720 --> 42:18.720] Now, since you've got that notice, you need to make a trip as soon as possible down there to see what's in the record. [42:18.720 --> 42:21.720] Again, you know what the three minimum things are. [42:21.720 --> 42:30.720] A citation, a signed and verified complaint signed by somebody other than the clerk of the court, and an information. [42:30.720 --> 42:34.720] If those three things aren't in there, they're in trouble. [42:34.720 --> 42:40.720] Now, out of the new document updates, there are three new documents especially to be filed. [42:40.720 --> 42:45.720] One is a motion to withdraw the magisterially entered plea. [42:45.720 --> 42:49.720] The second one is a motion to disqualify the judge. [42:49.720 --> 42:55.720] The second or the third is an affidavit in support of that disqualification. [42:55.720 --> 43:00.720] All three of these documents or these last two documents go through [43:00.720 --> 43:12.720] and spell out every single thing the judge was required to do and failed to do in compliance with the Code of Criminal Procedure. [43:12.720 --> 43:13.720] Yeah. [43:13.720 --> 43:19.720] Now, you will notice in the new documents that you have the usual yellow highlighting that tells you where you need to change [43:19.720 --> 43:24.720] the document's information to the information as it's applicable to you, right? [43:24.720 --> 43:25.720] Yes, sir. [43:25.720 --> 43:26.720] Right. [43:26.720 --> 43:32.720] You will also find in these documents there is some light blue highlighted text. [43:32.720 --> 43:34.720] Read that text carefully. [43:34.720 --> 43:37.720] If it applies to you, leave it and unhighlight it. [43:37.720 --> 43:40.720] If it does not apply to you, delete it. [43:40.720 --> 43:43.720] Do not leave it in the document. [43:43.720 --> 43:46.720] Hang on for just a minute and we'll pick you up on the other side of the break. [43:46.720 --> 43:51.720] This is Rule of Law Radio, 512-646-1984 as the call-in number. [43:51.720 --> 43:59.720] We'll be right back. [43:59.720 --> 44:05.720] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy. [44:05.720 --> 44:08.720] And neither is finding like-minded people to share it with. [44:08.720 --> 44:11.720] Oh, well, I guess you haven't heard of Brave New Books, then. [44:11.720 --> 44:12.720] Brave New Books? [44:12.720 --> 44:13.720] Yes. [44:13.720 --> 44:19.720] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin. [44:19.720 --> 44:23.720] They even stock inner food, Berkey products, and Calvin Soaps. [44:23.720 --> 44:25.720] There's no way a place like that exists. [44:25.720 --> 44:27.720] Go check it out for yourself. [44:27.720 --> 44:31.720] It's downtown at 1904 Guadalupe Street, just south of UT. [44:31.720 --> 44:35.720] By UT, there's never anywhere to park down there. [44:35.720 --> 44:43.720] Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore. [44:43.720 --> 44:46.720] It does exist, but when are they open? [44:46.720 --> 44:51.720] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [44:51.720 --> 45:00.720] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [45:00.720 --> 45:09.720] At HempUSA.org, we offer chemical-free products to people around the world, detoxifying, self-healing, while rebuilding the immune system. [45:09.720 --> 45:15.720] We urge our listeners to please consider our largest selling product, Micro Plant Powder. [45:15.720 --> 45:23.720] Our Micro Plant Powder is rich in silica and probiotics to help rebuild the immune system and to create a healthy stomach flora. [45:23.720 --> 45:28.720] Micro Plant Powder is excellent for daily intake and is perfect to add to your storage shelter. [45:28.720 --> 45:32.720] We urge our listeners to please visit us at HempUSA.org. [45:32.720 --> 45:36.720] And remember, all of our products are chemical-free and healthy to eat. [45:36.720 --> 45:41.720] We constantly strive to give you the best service, highest quality, and rapid shipping anywhere. [45:41.720 --> 45:45.720] And we offer free shipping on orders over $95 in the U.S. [45:45.720 --> 45:51.720] Please visit us at HempUSA.org or call 908-69-12608. [45:51.720 --> 45:54.720] That's 908-69-12608. [45:54.720 --> 45:59.720] That's what our powder, seeds, and oil can do for you at HempUSA.org. [46:24.720 --> 46:30.720] Such a gentleman, a soldier, a warrior of love, scuffling the keys to the key. [46:30.720 --> 46:36.720] All they're taking is a misunderstanding. Somebody calls the police. [46:36.720 --> 47:00.720] Why don't the spots fly? [47:00.720 --> 47:06.720] If the friction isn't addiction, the hard work can leave you cold as nails. [47:06.720 --> 47:12.720] With impossibility, choice, tranquility, heavy loads of tension, unscathed. [47:12.720 --> 47:18.720] The time is colliding with the compass, you find out after a while. [47:18.720 --> 47:23.720] It's not your moral standards, it's your patience that's on trial. [47:23.720 --> 47:30.720] Why don't the spots fly? [47:30.720 --> 47:33.720] All right, folks, we are back. This is Rule of Law Radio. [47:33.720 --> 47:37.720] 512-646-1984 is the call-in number. [47:37.720 --> 47:40.720] Okay, let's get back to our caller here, please. [47:40.720 --> 47:49.720] Now, in these new documents, like I say, the highlighting in them tells you to either leave some text in or take some text out [47:49.720 --> 47:52.720] depending upon what did or did not happen. [47:52.720 --> 47:58.720] The court record is supposed to reflect that they had the arraignment hearing and all this other stuff, [47:58.720 --> 48:01.720] and all the proper paperwork was filled out. [48:01.720 --> 48:07.720] I'm willing to bet large amounts of funny money that it's not in there. [48:07.720 --> 48:15.720] So what we're going to do at this point is make that judge regret ever seeing your name with these new documents. [48:15.720 --> 48:23.720] So if you will send me a contact email that is your verification of purchase for the seminar, [48:23.720 --> 48:27.720] then I will email the updated document directory to you. [48:27.720 --> 48:36.720] Everyone that gets the updates, please remember, delete the old remedies folder before you extract the new one. [48:36.720 --> 48:41.720] That way we avoid folder alteration issues and document alteration issues [48:41.720 --> 48:47.720] so you don't wind up with multiple copies of documents and such and not know which one to file. [48:47.720 --> 48:54.720] So please delete the old documents, the remedies folder, before you extract the new one. [48:54.720 --> 48:59.720] So just go ahead and send me an email and I'll send you back the updated documents, okay? [48:59.720 --> 49:06.720] Eddie, I'm not sure that I saved the email that was the proof of when I paid for the course. [49:06.720 --> 49:11.720] Okay, then if you would, if you'll just send one to Deborah, [49:11.720 --> 49:14.720] she's probably going to have your list if you bought it off the website. [49:14.720 --> 49:15.720] Yeah, I did. [49:15.720 --> 49:18.720] Yeah, if you bought it off the website, then you'll be on Deborah's list [49:18.720 --> 49:23.720] and Deborah can let me know whether or not you're there and I'll send you the stuff. [49:23.720 --> 49:28.720] Okay. All right, and I would just file those by going down to the court just like I did last time. [49:28.720 --> 49:33.720] Exactly. Well, you can also send them in certified mail return receipt requested. [49:33.720 --> 49:38.720] Now, the other one, there is also one in there, I think I've got it finished, I'm not positive. [49:38.720 --> 49:42.720] It's a motion to quash summons. [49:42.720 --> 49:47.720] And you can file that at the same time to try to quash that notice they mailed to you. [49:47.720 --> 49:50.720] Show up on the day. [49:50.720 --> 49:52.720] Okay, one second, one second, hold on. [49:52.720 --> 49:55.720] Dennis, your typing on the keyboard is really loud. [49:55.720 --> 49:58.720] Can you please refrain from that while you're on the air? [49:58.720 --> 49:59.720] Yeah. [49:59.720 --> 50:01.720] Okay, thank you, thank you. [50:01.720 --> 50:03.720] I'll just make notes by hand. [50:03.720 --> 50:04.720] Okay, okay. [50:04.720 --> 50:09.720] But if we file the motion to quash the summons, and we're going to do that [50:09.720 --> 50:16.720] because I guarantee you the summons does not comply with Chapter 23 of the Code of Criminal Procedure. [50:16.720 --> 50:20.720] I have yet to see one that does. [50:20.720 --> 50:25.720] The other problem I have is that the date they want me to show up, I'm scheduled. [50:25.720 --> 50:30.720] In fact, I have tickets to go out of town to be at my daughter's wedding. [50:30.720 --> 50:36.720] Then file a motion for continuance based upon the fact that you will be out of town on that date. [50:36.720 --> 50:37.720] Okay. [50:37.720 --> 50:38.720] Almost certainly. [50:38.720 --> 50:42.720] Don't kick them in the teeth before you do that. [50:42.720 --> 50:44.720] Ask for the continuance first. [50:44.720 --> 50:50.720] They will almost always grant a first motion for continuance out of hand. [50:50.720 --> 50:54.720] Yeah, then when you get back, then file these other documents that kicks them in the teeth [50:54.720 --> 50:56.720] and everywhere else that would hurt. [50:56.720 --> 50:58.720] Okay. [50:58.720 --> 51:00.720] All right, very good. [51:00.720 --> 51:03.720] I think that covers it for now, guys. [51:03.720 --> 51:04.720] I appreciate it. [51:04.720 --> 51:05.720] Yes, sir. [51:05.720 --> 51:08.720] All right, thanks, Dennis. [51:08.720 --> 51:09.720] Okay, we're continuing on. [51:09.720 --> 51:11.720] We've only got one other caller on the board. [51:11.720 --> 51:18.720] So folks, if you want to call in, 512-646-1984, we've got Tatiana from Texas. [51:18.720 --> 51:20.720] Tatiana, thank you for calling in. [51:20.720 --> 51:22.720] What is your question or comment tonight? [51:22.720 --> 51:28.720] I just had a quick question about a friend who went to jail tonight, and I didn't know. [51:28.720 --> 51:30.720] I just wanted to know what to really do. [51:30.720 --> 51:32.720] I guess yesterday she was going home. [51:32.720 --> 51:33.720] She was on her way home. [51:33.720 --> 51:35.720] She was probably about a quarter of a mile from her house, [51:35.720 --> 51:39.720] and there's a main street that turns onto her street. [51:39.720 --> 51:42.720] So she's going down the main street, the cops following her, [51:42.720 --> 51:48.720] and I guess he just turned onto her road, pulled into her driveway, went in her house, [51:48.720 --> 51:53.720] and I guess he pulled in the driveway behind her and sat in there. [51:53.720 --> 51:55.720] She didn't know really what to do. [51:55.720 --> 51:58.720] So she just kind of, she called me, actually, and then I just told her, [51:58.720 --> 52:01.720] well, wait until he comes to the door, and he didn't go to the door, and he left. [52:01.720 --> 52:04.720] So this morning she went to take her daughter to school, [52:04.720 --> 52:08.720] and he was at the end of the driveway, and he arrested her. [52:08.720 --> 52:12.720] And so that yesterday when she had pulled out onto her street and into her driveway, [52:12.720 --> 52:15.720] that she was evading him. [52:15.720 --> 52:21.720] So now she's in jail for evasion, I guess, today, and I don't, she called me. [52:21.720 --> 52:23.720] Wait a minute, wait a minute, hold on. [52:23.720 --> 52:25.720] Did he have his lights on? [52:25.720 --> 52:26.720] He did. [52:26.720 --> 52:28.720] I asked her that, and she said no, he did not have his lights on. [52:28.720 --> 52:33.720] She didn't know that he was, I mean, there was no attempt to pull her over or anything. [52:33.720 --> 52:35.720] She needs to go after him criminally. [52:35.720 --> 52:38.720] You can't evade a policeman who's not chasing you. [52:38.720 --> 52:41.720] And besides, how are you going to evade a police by going home? [52:41.720 --> 52:47.720] Well, that's what I said, is driving home, and he did pull into her driveway, but... [52:47.720 --> 52:49.720] Yeah, and he knew exactly where she was, [52:49.720 --> 52:53.720] and he never made the effort to come to the door and arrest her at that time. [52:53.720 --> 52:56.720] He's going to have a really hard time with this. [52:56.720 --> 52:58.720] Wait a minute, something else is going on here. [52:58.720 --> 53:00.720] So what does she do, I guess? [53:00.720 --> 53:03.720] Wait a minute, wait a minute. [53:03.720 --> 53:07.720] Something else is going on here. [53:07.720 --> 53:09.720] What else is going on? [53:09.720 --> 53:13.720] Is this guy an ex-boyfriend or anything like that? [53:13.720 --> 53:14.720] No. [53:14.720 --> 53:18.720] Actually, she said that another cop pulled up, and I guess he was really nice. [53:18.720 --> 53:22.720] Like, the first cop they'd been waiting for was a jerk. [53:22.720 --> 53:26.720] The second cop that pulled up was, this was in Cougarville. [53:26.720 --> 53:31.720] This was, wait, the next morning, a second cop pulled up and was nice? [53:31.720 --> 53:36.720] So, yes, this morning, the second morning, this morning, when she was actually arrested, [53:36.720 --> 53:40.720] another cop pulled up to assist, I guess, the first cop. [53:40.720 --> 53:45.720] And the second cop, he, I guess, was really nice and told her, you know, helped her out, I guess. [53:45.720 --> 53:47.720] That's what she told me on the phone. [53:47.720 --> 53:50.720] Were these, were these round, was this Cougarville or Round Rock police, [53:50.720 --> 53:53.720] or was this Sheriff's deputies? [53:53.720 --> 53:56.720] Well, honestly, I just know she's in the Travis County. [53:56.720 --> 53:58.720] Dale, I don't really know. [53:58.720 --> 54:01.720] Oh, this is Travis County, okay. [54:01.720 --> 54:03.720] But I do know the arrest was made in Cougarville. [54:03.720 --> 54:06.720] Something else is going on here. [54:06.720 --> 54:09.720] You know, that's a pretty outrageous thing for a police officer to do. [54:09.720 --> 54:14.720] The only other thing I can think of is I do know she had an expired registration on her car, [54:14.720 --> 54:17.720] but I don't think that would give her, get her arrested with it. [54:17.720 --> 54:21.720] Well, they could, they could arrest her for it, yes. [54:21.720 --> 54:23.720] Well, actually, no, not registration. [54:23.720 --> 54:25.720] Not legally could they arrest her. [54:25.720 --> 54:28.720] They would, but legally they couldn't. [54:28.720 --> 54:30.720] Did she have a warrant for arrest for something else? [54:30.720 --> 54:31.720] No, she didn't. [54:31.720 --> 54:34.720] Did she have any outstanding tickets or anything? [54:34.720 --> 54:36.720] No, not that I know. [54:36.720 --> 54:38.720] I mean, I don't know. [54:38.720 --> 54:42.720] Have you, have you looked up on the central booking website of the sheriffs, [54:42.720 --> 54:47.720] Travis County sheriffs for inmate information to see what she's being charged with? [54:47.720 --> 54:50.720] Yes, it said class B misdemeanor, excuse me. [54:50.720 --> 54:54.720] And what does, and what does it say for the class B misdemeanor charge? [54:54.720 --> 54:56.720] It doesn't say what. [54:56.720 --> 54:57.720] It just says class B misdemeanor. [54:57.720 --> 54:59.720] It doesn't even say why. [54:59.720 --> 55:03.720] On the, on the Travis County website, the sheriff's website. [55:03.720 --> 55:05.720] Wait a minute, wait a minute, wait a minute. [55:05.720 --> 55:13.720] He came to her house and arrested her for a class C misdemeanor that she allegedly committed the day before? [55:13.720 --> 55:14.720] Class B. [55:14.720 --> 55:15.720] Class B. [55:15.720 --> 55:16.720] Class B. [55:16.720 --> 55:17.720] Yeah. [55:17.720 --> 55:18.720] And it doesn't say- [55:18.720 --> 55:19.720] The day before? [55:19.720 --> 55:20.720] Yes. [55:20.720 --> 55:21.720] Supposedly. [55:21.720 --> 55:23.720] He didn't actually arrest her in her house. [55:23.720 --> 55:26.720] Did he, did he have an existing warrant? [55:26.720 --> 55:28.720] No, he did not. [55:28.720 --> 55:29.720] Okay. [55:29.720 --> 55:30.720] He's got a big problem. [55:30.720 --> 55:32.720] Are you a good friend of hers? [55:32.720 --> 55:35.720] Yes, but she's, yeah, like family. [55:35.720 --> 55:40.720] You need to, you need to prepare criminal charges against the officer. [55:40.720 --> 55:41.720] Right. [55:41.720 --> 55:55.720] And take those criminal charges down to the, you can look on jurisimprudence.com and look in the documents and research section, top 12 on the right. [55:55.720 --> 55:58.720] And in there you'll find some examples of criminal complaints. [55:58.720 --> 56:01.720] Make one out. [56:01.720 --> 56:04.720] False arrests or false imprisonment. [56:04.720 --> 56:06.720] Now, let's see, what's the statute doing? [56:06.720 --> 56:07.720] Well, I can help her with them, Randy. [56:07.720 --> 56:08.720] Help her with that. [56:08.720 --> 56:13.720] If she's been working close to Ploogerville, I'm here and I've got criminal complaints for all these. [56:13.720 --> 56:14.720] Okay. [56:14.720 --> 56:21.720] And you take that down to the prosecuting attorney, to the district attorney. [56:21.720 --> 56:22.720] Okay. [56:22.720 --> 56:33.720] The district attorney, if you take him a verified criminal affidavit, especially if you use the form off my website, he's seen that before. [56:33.720 --> 56:38.720] He will know who sent you and he will know he's being set up. [56:38.720 --> 56:42.720] He's going to refuse to act on the criminal complaints. [56:42.720 --> 56:43.720] Okay. [56:43.720 --> 56:47.720] Or she is, the current prosecutor is a female. [56:47.720 --> 57:00.720] Then you go back and when you walk in the door of the new courthouse, the one in the back, you look to your right, just as you go through the metal detector, [57:00.720 --> 57:04.720] you'll see this real nice black guy sitting there at a desk. [57:04.720 --> 57:06.720] He's the information. [57:06.720 --> 57:09.720] Well, if you walk up to his desk, you can go around either side of it. [57:09.720 --> 57:16.720] If you go around the right side of his desk and look forward, you'll be looking right at the door to the grand jury. [57:16.720 --> 57:21.720] Go in that door and that's kind of their foyer and there will be a bailiff there. [57:21.720 --> 57:24.720] You give the complaints to the bailiff. [57:24.720 --> 57:25.720] Right. [57:25.720 --> 57:29.720] And what I suggest you do is you first file with the prosecuting attorney. [57:29.720 --> 57:30.720] Okay. [57:30.720 --> 57:45.720] When the prosecutor refuses to act on them, and the best way to file with the prosecutor is to mail it to him and include a letter asking the prosecutor to notify you when these are to be presented to the grand jury. [57:45.720 --> 57:50.720] He will either send the letter back or not. [57:50.720 --> 57:54.720] If he sends the letter back, he'll tell you he's not going to give them to the grand jury. [57:54.720 --> 58:03.720] If he doesn't, then you wait a week and now you have cause to believe he's not going to send them to the grand jury. [58:03.720 --> 58:04.720] Okay. [58:04.720 --> 58:12.720] When you take them down to yourself, the prosecutor will recognize this routine and it's going to get real hot on this officer. [58:12.720 --> 58:17.720] They're going to want to know what is going on and a good chance they'll make this go away. [58:17.720 --> 58:19.720] Tatiana, stay there. [58:19.720 --> 58:22.720] We're going to pick you up on the other side because I have some other questions for you too. [58:22.720 --> 58:23.720] Okay. [58:23.720 --> 58:24.720] All right. [58:24.720 --> 58:25.720] So stay there. [58:25.720 --> 58:26.720] All right. [58:26.720 --> 58:27.720] We've got Randy and Danny on the line. [58:27.720 --> 58:28.720] Y'all are up next. [58:28.720 --> 58:34.720] Folks, if you'd like to call in, 512-646-1984. [58:34.720 --> 58:39.720] We are halfway through the show on this Friday, May 5th. [58:39.720 --> 58:59.720] We'll be right back after the top of the hour news, INN World Report Radio. [58:59.720 --> 59:07.720] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [59:07.720 --> 59:16.720] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [59:16.720 --> 59:18.720] Enter the recovery version. [59:18.720 --> 59:27.720] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [59:27.720 --> 59:37.720] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:37.720 --> 01:00:04.720] Bibles for America would like to give you a free recovery version simply for the asking. [01:00:04.720 --> 01:00:11.720] CIA Director Leon Panetta admitted Wednesday there was no live video footage of the raid on Osama bin Laden's compound. [01:00:11.720 --> 01:00:20.720] Panetta revealed there was a 25-minute blackout during which the live feed from cameras mounted on the helmets of U.S. Special Forces was cut off. [01:00:20.720 --> 01:00:26.720] A White House photograph appeared to show the President and his aides watching the action as it unfolded. [01:00:26.720 --> 01:00:30.720] In fact, they had little knowledge of what was happening. [01:00:30.720 --> 01:00:37.720] The recently formed Palestinian Association of Unions is calling for boycott, divestment and sanctioning Israel. [01:00:37.720 --> 01:00:46.720] The call that originated with Palestinian civil society groups has since gained global momentum, placing economic pressure on Israel to end the oppression of Palestinians. [01:00:46.720 --> 01:00:49.720] The Palestinian Trade Union coalition said, [01:00:49.720 --> 01:01:00.720] The trade unions are taking the lead in defending the Palestinian people's right to self-determination, equality and the right of return of our refugees. [01:01:00.720 --> 01:01:10.720] Thomas Mulcair, Deputy Head of Canada's opposition New Democratic Party, said Wednesday Barack Obama's version of the death of Osama bin Laden is incomplete if not untrue. [01:01:10.720 --> 01:01:17.720] Obama said he had seen photos of bin Laden's corpse, but releasing them would be akin to peddling gruesome trophies. [01:01:17.720 --> 01:01:23.720] Obama countered, quote, I don't think from what I've heard that those pictures exist. [01:01:23.720 --> 01:01:33.720] Workers at the Fukushima nuclear power plant entered a damaged reactor building Thursday for the first time since it was hit by an explosion following the giant earthquake and tsunami. [01:01:33.720 --> 01:01:42.720] The plant's operator Tepco said workers were connecting ventilation equipment in Unit 1 to try to absorb radiation from air inside the building. [01:01:42.720 --> 01:01:50.720] Tepco said the decision to send in workers was made after robots collected fresh data showing radiation levels had fallen in some areas. [01:01:50.720 --> 01:01:59.720] Since the crisis, Japanese authorities more than doubled the legal limit of radiation exposure for nuclear workers to 250 millisieverts a year. [01:01:59.720 --> 01:02:04.720] Workers in the US nuclear industry are allowed an upper limit of 50 millisieverts per year. [01:02:04.720 --> 01:02:13.720] Radiation from the Fukushima plant has forced 80,000 people living within a 12-mile radius to leave their homes. [01:02:13.720 --> 01:02:20.720] Politico reported Wednesday the Obama administration is preparing to lower the corporate tax rate by up to 10 percent, [01:02:20.720 --> 01:02:29.720] despite income inequality that's at its highest level since the Great Depression, using a measure of income inequality known as the Gainey coefficient. [01:02:29.720 --> 01:02:38.720] The website ThinkProgress points out the US is as economically unequal as Uganda and more unequal than the Ivory Coast and Pakistan. [01:02:38.720 --> 01:02:44.720] ThinkProgress asserts one of the major factors of US income inequality is the decline of unionization. [01:02:44.720 --> 01:02:54.720] The American Human Development Index in 2010 found Connecticut workers, where unions have strong roots, live six years longer than those in right-to-work Mississippi. [01:02:54.720 --> 01:03:04.720] For more details on these stories, visit INNWorldRecord.net. [01:03:04.720 --> 01:03:23.720] You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free speech talk radio at its best. [01:03:23.720 --> 01:03:46.720] Okay, folks, we are back. [01:03:46.720 --> 01:03:50.720] RuleOfLawRadio.com, we're taking your calls. [01:03:50.720 --> 01:03:53.720] Okay, we're speaking with Tatiana in Texas right now. [01:03:53.720 --> 01:03:56.720] Okay, Tatiana, I have a few questions for you. [01:03:56.720 --> 01:03:57.720] Okay. [01:03:57.720 --> 01:04:02.720] Have you gone down to the courthouse to get the file? [01:04:02.720 --> 01:04:03.720] No, I have not. [01:04:03.720 --> 01:04:05.720] Okay, go to the courthouse. [01:04:05.720 --> 01:04:14.720] Go down to the courthouse and pull the file to see if there's even a file and to see if there's a criminal complaint or anything like that [01:04:14.720 --> 01:04:20.720] or a statement of probable cause by the officer, that will be extremely helpful. [01:04:20.720 --> 01:04:21.720] Okay. [01:04:21.720 --> 01:04:25.720] Okay, and I have some other questions too. [01:04:25.720 --> 01:04:29.720] Is there a bond set? [01:04:29.720 --> 01:04:32.720] I didn't, on the website? [01:04:32.720 --> 01:04:37.720] Yes, usually it will say on the website what the charges are and what the bond is. [01:04:37.720 --> 01:04:40.720] Yes, it didn't have a bond amount, it just said zero. [01:04:40.720 --> 01:04:42.720] She may not have seen the magistrate yet. [01:04:42.720 --> 01:04:46.720] Yes, when I spoke to her, she called me and she hadn't yet. [01:04:46.720 --> 01:04:47.720] She was waiting too. [01:04:47.720 --> 01:04:48.720] Wait a minute, wait a minute. [01:04:48.720 --> 01:04:53.720] They picked her up this morning and it's 9 p.m. and she still hasn't seen the magistrate? [01:04:53.720 --> 01:04:54.720] Not yet, no. [01:04:54.720 --> 01:04:55.720] That's a problem. [01:04:55.720 --> 01:05:04.720] Okay, so Randy, now question for you, should Tatiana file a petition for writ of habeas corpus? [01:05:04.720 --> 01:05:13.720] If she has, let's see, what time is it, it's 9 o'clock, she will almost certainly have seen the magistrate by now. [01:05:13.720 --> 01:05:14.720] Okay. [01:05:14.720 --> 01:05:19.720] And almost certainly they will release her on a PR bond. [01:05:19.720 --> 01:05:25.720] So you might contact the jail, she may be there trying to get a home. [01:05:25.720 --> 01:05:33.720] I don't know, remember, this is a Class B, there's a good chance they set maximum bond at 5K. [01:05:33.720 --> 01:05:34.720] Okay, check. [01:05:34.720 --> 01:05:40.720] Call the jail, call the jail, call the central booking and find out if they've set the bond yet. [01:05:40.720 --> 01:05:43.720] Maybe the website hasn't been updated. [01:05:43.720 --> 01:05:52.720] If not, if they haven't or if they set a large bond, then it will be habeas corpus time. [01:05:52.720 --> 01:05:53.720] Okay. [01:05:53.720 --> 01:05:58.720] Tatiana, if you need some local help, I am in Pflugerville. [01:05:58.720 --> 01:06:00.720] Okay. [01:06:00.720 --> 01:06:06.720] So if nothing else, send me an email and I'll forward back my contact information to you [01:06:06.720 --> 01:06:13.720] and I will help you try to get whatever paperwork you need to get her out of there and get downtown with it. [01:06:13.720 --> 01:06:21.720] And I would say the two things that you need to do, the legwork, footwork that you need to do is call Central Booking, [01:06:21.720 --> 01:06:25.720] and you can do that now, they're open 24 hours, call Central Booking of Travis County [01:06:25.720 --> 01:06:34.720] and find out if they have set a bond yet and if so, what it is and see if they know what the specific charges are. [01:06:34.720 --> 01:06:43.720] And then tomorrow, go to the courthouse and find out and get a copy of everything that's in the file if there is a file. [01:06:43.720 --> 01:06:44.720] Okay. [01:06:44.720 --> 01:06:47.720] And gather that information and then contact Eddie. [01:06:47.720 --> 01:06:48.720] Okay. [01:06:48.720 --> 01:06:50.720] And Eddie's email is? [01:06:50.720 --> 01:06:55.720] Eddie at ruleoflawradio.com, E-D-D-I-E. [01:06:55.720 --> 01:06:56.720] Yeah, okay. [01:06:56.720 --> 01:06:57.720] All right. [01:06:57.720 --> 01:06:58.720] All righty. [01:06:58.720 --> 01:06:59.720] Thank you guys. [01:06:59.720 --> 01:07:00.720] Okay, thanks. [01:07:00.720 --> 01:07:03.720] Hey, Randy, is there any lawsuit that can be filed over this issue? [01:07:03.720 --> 01:07:06.720] Oh, yeah. [01:07:06.720 --> 01:07:08.720] Whopper. [01:07:08.720 --> 01:07:12.720] Can you say goodbye to everything he owns and then some? [01:07:12.720 --> 01:07:13.720] Good. [01:07:13.720 --> 01:07:14.720] All right. [01:07:14.720 --> 01:07:17.720] So we need to go criminally and with the lawsuit. [01:07:17.720 --> 01:07:18.720] Okay. [01:07:18.720 --> 01:07:21.720] All right, we are going to continue now to take your calls. [01:07:21.720 --> 01:07:25.720] We've got Randy in Texas. [01:07:25.720 --> 01:07:26.720] Randy, thank you for calling in. [01:07:26.720 --> 01:07:29.720] What is your question or comment tonight? [01:07:29.720 --> 01:07:39.720] Yeah, I have an appearance docket for Wednesday night at 6 p.m. [01:07:39.720 --> 01:07:47.720] This was after Eddie that they had fraudulently entered a plea for me when I told them I didn't want to and I was tricked. [01:07:47.720 --> 01:07:54.720] So I'm getting ready to file my affidavits and my motions tomorrow. [01:07:54.720 --> 01:08:02.720] Should I go ahead and before I put all that in, ask for a motion of continuance? [01:08:02.720 --> 01:08:08.720] Well, why are you seeking a motion of continuance since you're not going out of town, right? [01:08:08.720 --> 01:08:09.720] No. [01:08:09.720 --> 01:08:10.720] Okay, so. [01:08:10.720 --> 01:08:14.720] But motion trials. [01:08:14.720 --> 01:08:20.720] If you set them, then you need to set them for an emergency hearing on Monday or Tuesday. [01:08:20.720 --> 01:08:22.720] Okay. [01:08:22.720 --> 01:08:24.720] Before the docket appearance? [01:08:24.720 --> 01:08:26.720] Yeah. [01:08:26.720 --> 01:08:29.720] Okay. [01:08:29.720 --> 01:08:31.720] Okay, yeah, that was my question, so. [01:08:31.720 --> 01:08:33.720] Okay. [01:08:33.720 --> 01:08:34.720] All right, cool. [01:08:34.720 --> 01:08:35.720] Thank you, sir. [01:08:35.720 --> 01:08:37.720] You're welcome. [01:08:37.720 --> 01:08:38.720] Okay, very good. [01:08:38.720 --> 01:08:43.720] We are going on now to Danny in Texas. [01:08:43.720 --> 01:08:44.720] Danny, thank you for calling in. [01:08:44.720 --> 01:08:46.720] What is on your mind tonight? [01:08:46.720 --> 01:08:56.720] Well, I was just thinking about Eddie telling the guy earlier there about the requirements in the court file of an information, [01:08:56.720 --> 01:09:00.720] and where is he getting that from about the information? [01:09:00.720 --> 01:09:11.720] Article 5, Section 12B, Texas Constitution, 27.01, Code of Criminal Procedure, 2.05, Code of Criminal Procedure. [01:09:11.720 --> 01:09:22.720] Okay, so just to make those consistent with that section of Constitution, you decided on information. [01:09:22.720 --> 01:09:31.720] Well, technically speaking, according to Article 5, Section 17 and the original Article 1, Section 10, [01:09:31.720 --> 01:09:39.720] an information is what the prosecuting attorney for the state was required to attach to the complaint, [01:09:39.720 --> 01:09:46.720] submit that to the grand jury, and the grand jury was required to hand down an indictment even in a misdemeanor case. [01:09:46.720 --> 01:09:54.720] According to Article 5, Section 17, they're still required to look into misdemeanors and hand down an indictment for the case. [01:09:54.720 --> 01:10:04.720] I've never said that I believe or support the idea that an information alone is all that's ever been required. [01:10:04.720 --> 01:10:09.720] But when you look at all the case law that they put in place on it, [01:10:09.720 --> 01:10:21.720] that's an argument that you would stand a far more difficult time winning than just saying that it's required, period, and they never do it. [01:10:21.720 --> 01:10:29.720] Well, there were a number of appellate decisions back in the late 90s and early 2000s on that issue, [01:10:29.720 --> 01:10:40.720] the requirement of information in traffic and some other things, and numerous times they came up that there was no requirement for information. [01:10:40.720 --> 01:10:53.720] That's correct, and that was before 45.01 was removed in 1996 or 1999 from the Code of Criminal Procedure. [01:10:53.720 --> 01:10:55.720] It was repealed. [01:10:55.720 --> 01:11:02.720] They attempted to use that statute to say that municipal and justice courts could proceed upon complaint alone. [01:11:02.720 --> 01:11:06.720] It didn't say that, but that's the way they interpreted it. [01:11:06.720 --> 01:11:08.720] Well, that was repealed. [01:11:08.720 --> 01:11:10.720] It doesn't exist anymore. [01:11:10.720 --> 01:11:21.720] All that prior case law is now invalid because the statute that it cited from the original 1958 case is gone. [01:11:21.720 --> 01:11:33.720] But the Code of Criminal Procedure is also consistent with the requirements of Article 5, Section 17 requiring an indictment. [01:11:33.720 --> 01:11:44.720] That's correct, but Article 5, Section 12B says that only an indictment or information vests the court with jurisdiction. [01:11:44.720 --> 01:11:58.720] The Code of Criminal Procedure also says that if the indictment is quashed, then the trial can still be held based upon the information without the indictment. [01:11:58.720 --> 01:12:01.720] Wait, say that part again. [01:12:01.720 --> 01:12:09.720] The Code of Criminal Procedure says that they can, if the indictment is quashed, okay, [01:12:09.720 --> 01:12:18.720] the trial can still go forward based upon the information, even if the indictment gets quashed. [01:12:18.720 --> 01:12:29.720] Right, but the information would come after the indictment in the proper court that would be taking the information. [01:12:29.720 --> 01:12:41.720] Well, yes and no. The reason I say no is that one, the court never gets jurisdiction without the indictment or information to begin with. [01:12:41.720 --> 01:12:47.720] Well, I would say they don't get it without the indictment except perhaps the Constitutional County Court, [01:12:47.720 --> 01:12:56.720] which is identified in Article 5, Section 17 as the one that might receive information to start the charges. [01:12:56.720 --> 01:13:00.720] Well, I agree, but that's why I said the information was to be attached to the complaint, [01:13:00.720 --> 01:13:08.720] and both of those were to be given to the grand jury and were to go with the indictment. [01:13:08.720 --> 01:13:14.720] My understanding is you can't have an indictment prior to the information. [01:13:14.720 --> 01:13:18.720] You can have an indictment just based upon the complaint. [01:13:18.720 --> 01:13:23.720] You can have the indictment based on the complaint, but you can't just have an indictment out of thin air without either one. [01:13:23.720 --> 01:13:28.720] Right. There has to be a complaint. [01:13:28.720 --> 01:13:37.720] Rather than authors and information, that's a different issue, but 20.07 is very clear. [01:13:37.720 --> 01:13:44.720] It says the grand jury shall investigate into all criminal accusations that come to their knowledge [01:13:44.720 --> 01:13:47.720] by way of the prosecutor, attorney, or any credible person. [01:13:47.720 --> 01:13:54.720] Credible on all accusations. That is a criminal complaint. At least that's my interpretation of it. [01:13:54.720 --> 01:13:56.720] Right, and to go with that... [01:13:56.720 --> 01:14:00.720] Oh, wait, wait, wait. What is a fiat here? [01:14:00.720 --> 01:14:08.720] It can't come from the prosecutor because Kennedy State says for the purpose of filing a criminal complaint, [01:14:08.720 --> 01:14:16.720] I'm sorry, it says in order to avoid the obvious evils of the accumulation of power in any one office, [01:14:16.720 --> 01:14:24.720] for the purpose of filing a criminal complaint, the prosecuting attorney is not a credible person. [01:14:24.720 --> 01:14:31.720] So the complaint can't, you can't say that the information serves as the complaint. [01:14:31.720 --> 01:14:33.720] No, never said that. Wouldn't say that. [01:14:33.720 --> 01:14:39.720] No, no, no, wait, wait. I'm making these issues separate so it's clear. [01:14:39.720 --> 01:14:46.720] The prosecutor cannot commence a prosecution, period. That's what they did in the time of Blakeus. [01:14:46.720 --> 01:14:56.720] There must be a criminal complaint and then, apparently before the state can get jurisdiction, [01:14:56.720 --> 01:14:59.720] there must be an information based on that complaint. [01:14:59.720 --> 01:15:08.720] But what gives the grand jury jurisdiction or to hear an issue is a complaint. [01:15:08.720 --> 01:15:14.720] Thus, they're directed to examine into all criminal complaints that come to their knowledge. [01:15:14.720 --> 01:15:22.720] And really there shouldn't even be an indictment unless there's a competent fact witness that submitted an affidavit. [01:15:22.720 --> 01:15:23.720] And an actual victim. [01:15:23.720 --> 01:15:29.720] That's right. Because criminal complaints can be filed on hearsay. [01:15:29.720 --> 01:15:36.720] And that's typically what happens, and I have a friend sitting in jail right now in Travis County [01:15:36.720 --> 01:15:41.720] who is accused of some sort of domestic violence assault. [01:15:41.720 --> 01:15:46.720] And him and his friend were just sparring and the cops arrested them both. [01:15:46.720 --> 01:15:52.720] And the friend submitted an affidavit saying that he's not going to testify [01:15:52.720 --> 01:15:57.720] and that it's his sincere desire that my friend be released. [01:15:57.720 --> 01:16:01.720] And he's had three hearings that have been postponed. [01:16:01.720 --> 01:16:04.720] He's been sitting in jail for over two months now. [01:16:04.720 --> 01:16:09.720] He's had three hearings that have been postponed because they can't get an indictment by the grand jury [01:16:09.720 --> 01:16:11.720] because there's no competent fact witness. [01:16:11.720 --> 01:16:17.720] The probable cause statement and criminal complaint filed by the police is not enough [01:16:17.720 --> 01:16:20.720] because the cop was not a competent fact witness. [01:16:20.720 --> 01:16:23.720] He didn't witness anything. He's not the victim. [01:16:23.720 --> 01:16:30.720] And so we're trying to figure out right now how we can pressure his court appointed defense attorney [01:16:30.720 --> 01:16:33.720] into doing something to get him out. [01:16:33.720 --> 01:16:38.720] Yeah, they're warming the rest issue up with that case as well, just FYI. [01:16:38.720 --> 01:16:42.720] Okay, listen, hang in there, Danny. We'll be right back. [01:16:42.720 --> 01:16:45.720] And we'll finish discussing your issue on the other side. [01:16:45.720 --> 01:16:47.720] All right, we'll be right back. [01:16:47.720 --> 01:16:50.720] We've got Tom from Virginia, Jacob from Texas. [01:16:50.720 --> 01:16:55.720] Callers, if you'd like to call in, 512-646-1984. [01:16:55.720 --> 01:16:59.720] We'll be right back, folks. [01:16:59.720 --> 01:17:04.720] Capital Coin and Bullion is your local source for rare coins, precious metals, [01:17:04.720 --> 01:17:07.720] and coin supplies in the Austin metro area. [01:17:07.720 --> 01:17:09.720] We also ship worldwide. [01:17:09.720 --> 01:17:14.720] We're a family-owned and operated business that offers competitive prices on your coin and metals purchases. [01:17:14.720 --> 01:17:20.720] Because of you, Austin, business has been so good that we've had to move to a new and bigger location. [01:17:20.720 --> 01:17:27.720] We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous location. [01:17:27.720 --> 01:17:31.720] We're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor, [01:17:31.720 --> 01:17:34.720] next to the Ishuban Sushi and the Genie Car Wash. [01:17:34.720 --> 01:17:38.720] We're open Monday through Friday, 10 to 6, Saturdays 10 to 5. [01:17:38.720 --> 01:17:44.720] You're welcome to stop in during regular business hours or call 512-646-6440. [01:17:44.720 --> 01:17:49.720] Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio. [01:17:49.720 --> 01:17:55.720] That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A [01:17:55.720 --> 01:17:59.720] or call 512-646-6440. [01:18:25.720 --> 01:18:32.720] Call me at 512-430-4140 and find out how to use the consumer protection laws [01:18:32.720 --> 01:18:36.720] to recover what the lenders have stolen through fraud and deception. [01:18:36.720 --> 01:18:43.720] We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime. [01:18:43.720 --> 01:18:47.720] Lender fraud is bankrupting this country and it's time to fight back. [01:18:47.720 --> 01:18:56.720] Go to remediesinrealestate.com or call 512-430-4140 and get the information you need [01:18:56.720 --> 01:18:59.720] to stop the money changers in their trucks. [01:18:59.720 --> 01:19:20.720] Ain't gonna blame me Don't blame me [01:19:20.720 --> 01:19:25.720] Ain't gonna fool me with that same old trick again [01:19:25.720 --> 01:19:30.720] I was blindsided but now I can see your plans [01:19:30.720 --> 01:19:35.720] You put the fear in my pocket took the money from my hands [01:19:35.720 --> 01:19:44.720] Ain't gonna fool me with that same old trick again [01:19:44.720 --> 01:19:56.720] Ain't gonna fool me [01:19:56.720 --> 01:19:59.720] Okay folks, we are back. [01:19:59.720 --> 01:20:01.720] Okay, we are with Danny in Texas. [01:20:01.720 --> 01:20:03.720] Okay, Danny, please continue. [01:20:03.720 --> 01:20:06.720] Did you have any other points? [01:20:06.720 --> 01:20:14.720] Well, I'm still not quite clear why I be saying it's information rather than the indictment [01:20:14.720 --> 01:20:25.720] because at the end of the examining trial, 1730 would say that the magistrate has these various duties, [01:20:25.720 --> 01:20:34.720] but the last one is to seal up all the documents from the examining trial and forward them to the proper clerk. [01:20:34.720 --> 01:20:41.720] And in 1731, the only two clerks identified are the district clerk and the county clerk. [01:20:41.720 --> 01:20:46.720] And if it goes, the district clerk is to keep it and get it to the next grand jury. [01:20:46.720 --> 01:20:54.720] The clerk shall keep all those papers safe and deliver them up to the next grand jury. [01:20:54.720 --> 01:20:57.720] And that is precisely what that says. [01:20:57.720 --> 01:20:59.720] So you're exactly right. [01:20:59.720 --> 01:21:03.720] Yeah, I mean, I completely agree with you, Danny. [01:21:03.720 --> 01:21:12.720] But the issue we've got is what they did was they created a very detrimental conflict in the Bill of Rights [01:21:12.720 --> 01:21:15.720] and Article 5 of the Texas Constitution. [01:21:15.720 --> 01:21:26.720] By what they did to Article 1, Section 10, they put it in direct conflict with Article 5, Section 17. [01:21:26.720 --> 01:21:28.720] Okay. [01:21:28.720 --> 01:21:30.720] And what is it you're saying? [01:21:30.720 --> 01:21:31.720] I have to go look at that to see. [01:21:31.720 --> 01:21:38.720] Article 1, Section 10 says that they do not have to have an indictment for any misdemeanor offense [01:21:38.720 --> 01:21:47.720] that involves incarceration of one year or less and anything other than a state penal facility. [01:21:47.720 --> 01:21:54.720] That puts it at direct odds with the indictment requirement of Article 5, Section 17. [01:21:54.720 --> 01:22:06.720] Well, I think these amendments to the Bill of Rights is also a violation of Article 1, Section 27. [01:22:06.720 --> 01:22:13.720] And I again absolutely agree with you. [01:22:13.720 --> 01:22:14.720] Okay. [01:22:14.720 --> 01:22:17.720] Well, I'll get off and I'll think this part over a little bit. [01:22:17.720 --> 01:22:18.720] All right. [01:22:18.720 --> 01:22:21.720] Thanks, Danny. [01:22:21.720 --> 01:22:26.720] Okay. We are going to go now to Tom in Virginia. [01:22:26.720 --> 01:22:27.720] Tom, thank you for calling in. [01:22:27.720 --> 01:22:30.720] What is your question for us tonight? [01:22:30.720 --> 01:22:31.720] Good evening. [01:22:31.720 --> 01:22:32.720] I don't have a criminal matter. [01:22:32.720 --> 01:22:33.720] I have a civil matter. [01:22:33.720 --> 01:22:35.720] It's a divorce. [01:22:35.720 --> 01:22:43.720] I was served in early April with a forced paper. [01:22:43.720 --> 01:22:49.720] Now I'm pro se and basically trying to contact the other attorney. [01:22:49.720 --> 01:22:51.720] She simply ignores me, but that's okay. [01:22:51.720 --> 01:22:57.720] She filed a complaint based on a six-month uncontested, [01:22:57.720 --> 01:23:03.720] no minor children agreed upon two-person divorce. [01:23:03.720 --> 01:23:06.720] Now that is nowhere even close to correct. [01:23:06.720 --> 01:23:10.720] So I filed my answer in a timely manner. [01:23:10.720 --> 01:23:13.720] I did an answer of all her. [01:23:13.720 --> 01:23:15.720] She had all the elements right. [01:23:15.720 --> 01:23:19.720] She had four of them incorrect, and I can prove that. [01:23:19.720 --> 01:23:25.720] So in addition to my answer, I filed a counterclaim for desert. [01:23:25.720 --> 01:23:29.720] Basically another section of supporting elements, [01:23:29.720 --> 01:23:32.720] which I wanted to sort of bury something there. [01:23:32.720 --> 01:23:37.720] In addition to four affirmative defenses, any one of which would win, [01:23:37.720 --> 01:23:40.720] the next step I'm going to be doing will be a... [01:23:40.720 --> 01:23:41.720] Okay. Hold on. [01:23:41.720 --> 01:23:42.720] Hold on here. [01:23:42.720 --> 01:23:43.720] Go ahead. [01:23:43.720 --> 01:23:48.720] It's confusing because you're giving us bits and pieces out of a place, [01:23:48.720 --> 01:23:51.720] and I have no idea how these pieces fit together. [01:23:51.720 --> 01:23:53.720] Let me ask a few questions, Tom. [01:23:53.720 --> 01:23:56.720] Do you all have any children? [01:23:56.720 --> 01:23:59.720] They're both 30 and 30. [01:23:59.720 --> 01:24:01.720] Okay, so there's no custody issue. [01:24:01.720 --> 01:24:04.720] Do you all own property together? [01:24:04.720 --> 01:24:07.720] We own property together, and I've been locked out of my place for a year. [01:24:07.720 --> 01:24:11.720] Okay, so there is a dispute. [01:24:11.720 --> 01:24:17.720] Okay, so do you all have any agreement on how the property would be split up between you all? [01:24:17.720 --> 01:24:22.720] I signed a separation agreement under duress. [01:24:22.720 --> 01:24:24.720] All I wanted to do was retire. [01:24:24.720 --> 01:24:25.720] Wait, wait, wait, wait, wait. [01:24:25.720 --> 01:24:28.720] Do you have any agreement... [01:24:28.720 --> 01:24:31.720] First of all, we've discussed this before. [01:24:31.720 --> 01:24:37.720] Signing under duress, that is basically a paradox. [01:24:37.720 --> 01:24:39.720] You can't sign something under duress. [01:24:39.720 --> 01:24:41.720] If you sign it, it's going to hold up in court. [01:24:41.720 --> 01:24:46.720] You can't say you did it under duress unless somebody was holding a gun to your head, literally. [01:24:46.720 --> 01:24:52.720] You have to be like, seriously, somebody holding a weapon at your face in order for you to be able to claim duress. [01:24:52.720 --> 01:24:54.720] So that's not going to fly. [01:24:54.720 --> 01:25:01.720] Do you have an agreement in place of how the property that you own together is to be split up? [01:25:01.720 --> 01:25:02.720] Yes. [01:25:02.720 --> 01:25:09.720] Then do you have debt together in both of your names? [01:25:09.720 --> 01:25:10.720] No. [01:25:10.720 --> 01:25:12.720] Okay, then this is an uncontested divorce. [01:25:12.720 --> 01:25:13.720] I'm sorry. [01:25:13.720 --> 01:25:18.720] That's the way it is in Texas, and I think that's the way it is in every state. [01:25:18.720 --> 01:25:22.720] If there are no children involved or even if there are children involved, [01:25:22.720 --> 01:25:27.720] if there's an agreement in place and if the couple owns property [01:25:27.720 --> 01:25:31.720] and there's an agreement already in place concerning the division of the property, [01:25:31.720 --> 01:25:35.720] it's an uncontested divorce when somebody files. [01:25:35.720 --> 01:25:43.720] You can't say in Texas it's not considered a contested divorce just because one person is still in love or something [01:25:43.720 --> 01:25:45.720] and doesn't want the other person to leave. [01:25:45.720 --> 01:25:52.720] And if there's an agreement on paper in place, you can't go back and say, oh, never mind. [01:25:52.720 --> 01:25:57.720] And you can't really claim duress either unless there was a weapon involved when the signature was taking place. [01:25:57.720 --> 01:26:01.720] So that's the way it is in Texas, and I believe that's the way it is in every state. [01:26:01.720 --> 01:26:06.720] But we're not up on all the family law across the nation. [01:26:06.720 --> 01:26:08.720] Randy, go ahead. [01:26:08.720 --> 01:26:18.720] As to duress, the courts will say oftentimes people are stuck between two very difficult decisions. [01:26:18.720 --> 01:26:23.720] And they must make one of these decisions even though they don't like it. [01:26:23.720 --> 01:26:27.720] And you can't come back and say that was duress. [01:26:27.720 --> 01:26:31.720] A lot of times you just have to make hard decisions. [01:26:31.720 --> 01:26:39.720] Now, if there was some non-disclosure, fraud by non-disclosure [01:26:39.720 --> 01:26:45.720] or some other issue that would mitigate the validity of the contract, you may have a claim. [01:26:45.720 --> 01:26:57.720] But if everything was up front and you made this decision because you felt like you were stuck between two difficult issues, [01:26:57.720 --> 01:27:01.720] you won't be able to undo anything. [01:27:01.720 --> 01:27:08.720] My point of duress was that all of my money is in a bank account that she controls. [01:27:08.720 --> 01:27:11.720] Is your name not on the bank account? [01:27:11.720 --> 01:27:16.720] Both our names are on the bank account. [01:27:16.720 --> 01:27:17.720] Hold on, hold on. [01:27:17.720 --> 01:27:18.720] You were cutting out. [01:27:18.720 --> 01:27:19.720] You were cutting out. [01:27:19.720 --> 01:27:21.720] If both of your names are on the bank account, [01:27:21.720 --> 01:27:27.720] is it a joint account where both of your signatures have to be on a check in order for the money to be able to withdraw? [01:27:27.720 --> 01:27:30.720] Or is it an either-or? [01:27:30.720 --> 01:27:31.720] Both. [01:27:31.720 --> 01:27:44.720] Okay, so what I'm saying is if one of you all wanted to write a check, do both signatures have to be on the check or could either signature be on the check? [01:27:44.720 --> 01:27:46.720] Both must be on and it's not a bank. [01:27:46.720 --> 01:27:49.720] It's my retirement account. [01:27:49.720 --> 01:27:53.720] Okay, how did she control the account then? [01:27:53.720 --> 01:28:00.720] Under the ERISA rules, the spouse has to agree to any withdrawal of the retirement account. [01:28:00.720 --> 01:28:01.720] Hold on, hold on. [01:28:01.720 --> 01:28:05.720] You said that this was an account she controlled. [01:28:05.720 --> 01:28:08.720] How did she control the account? [01:28:08.720 --> 01:28:12.720] I cannot remove money from the account without her signature. [01:28:12.720 --> 01:28:15.720] Okay, but she can't either. [01:28:15.720 --> 01:28:16.720] Right. [01:28:16.720 --> 01:28:20.720] So she doesn't control it, it's a joint account. [01:28:20.720 --> 01:28:23.720] Well, I needed money to live. [01:28:23.720 --> 01:28:25.720] I was in the street borrowing money from people. [01:28:25.720 --> 01:28:27.720] I've been out of my house for a year. [01:28:27.720 --> 01:28:31.720] Well, that's why the divorce needs to go through so you can get your retirement back. [01:28:31.720 --> 01:28:33.720] Okay, this is the deal. [01:28:33.720 --> 01:28:38.720] What the courts are going to say, yes, this was a difficult situation. [01:28:38.720 --> 01:28:42.720] And yes, you were put in a difficult spot. [01:28:42.720 --> 01:28:46.720] So you made a difficult choice. [01:28:46.720 --> 01:28:58.720] But if you made the choice with full knowledge of the ramifications of the choice, you can't come back and say you've made it under duress. [01:28:58.720 --> 01:29:04.720] Duress is when you're improperly forced into a decision. [01:29:04.720 --> 01:29:08.720] Make this decision or I will shoot you. [01:29:08.720 --> 01:29:17.720] But if you're forced into a decision by someone who is exercising a right that they have, you can't claim that as duress. [01:29:17.720 --> 01:29:36.720] Okay, the last affirmative defense I'm using is the contestability of the fact that if there is a property dispute in place, the waiting period is not six, it's two years. [01:29:36.720 --> 01:29:38.720] I have case files. [01:29:38.720 --> 01:29:40.720] Hold on, we're about to go to break. [01:29:40.720 --> 01:29:42.720] We'll pick this up on the other side. [01:29:42.720 --> 01:29:44.720] Okay. [01:29:44.720 --> 01:29:48.720] We've got the music on. [01:29:48.720 --> 01:29:50.720] I don't have my page up. [01:29:50.720 --> 01:29:53.720] I don't think the caller page works in Austria. [01:29:53.720 --> 01:29:59.720] All right, folks, we will be right back. [01:29:59.720 --> 01:30:03.720] Top ten reasons to question the official story of the Oklahoma City bombing. [01:30:03.720 --> 01:30:06.720] Number nine, the extra leg. [01:30:06.720 --> 01:30:12.720] Former Oklahoma State medical examiner Dr. Fred Jordan had stated, we had eight people with amputated left legs and nine left legs to account for. [01:30:12.720 --> 01:30:20.720] Chief pathologist for Northern Ireland T.K. Marshall, who performed over 2,500 autopsies in his time, stated, there has never been an unknown victim. [01:30:20.720 --> 01:30:26.720] This leg belonged to a perpetrator close enough to the bomb or his body to be damaged, leaving only a left leg behind. [01:30:26.720 --> 01:30:27.720] Who was this person? [01:30:27.720 --> 01:30:32.720] Please go to okcbombingtruth.com. [01:30:32.720 --> 01:30:33.720] It's not a penny for your thoughts. [01:30:33.720 --> 01:30:37.720] The Pentagon is spending millions to develop artificial telepathy. [01:30:37.720 --> 01:30:42.720] I'll admit there may be military advantages to reading minds, but what does it mean for privacy? [01:30:42.720 --> 01:30:46.720] I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment. [01:30:46.720 --> 01:30:48.720] Privacy is under attack. [01:30:48.720 --> 01:30:52.720] When you give up data about yourself, you'll never get it back again. [01:30:52.720 --> 01:30:56.720] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:30:56.720 --> 01:31:02.720] So protect your rights, say no to surveillance, and keep your information to yourself. [01:31:02.720 --> 01:31:04.720] Privacy, it's worth hanging on to. [01:31:04.720 --> 01:31:12.720] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:31:12.720 --> 01:31:15.720] Start over with Startpage. [01:31:15.720 --> 01:31:20.720] As a liberty-loving citizen, I'm often dismayed at how the government treats our privacy. [01:31:20.720 --> 01:31:24.720] But I've found solace in the freedom of my thoughts, at least so far. [01:31:24.720 --> 01:31:31.720] Discover Magazine reports the U.S. Army is developing a thought helmet that can read minds using artificial telepathy. [01:31:31.720 --> 01:31:36.720] The stated goal is to allow silent battlefield communications between soldiers. [01:31:36.720 --> 01:31:39.720] Trouble is, if it works for the military, you can be sure. [01:31:39.720 --> 01:31:46.720] It's just a matter of time before regular people will be required to strap on a helmet and submit our thoughts to inspection, too. [01:31:46.720 --> 01:31:49.720] After all, what's the problem if you have nothing to hide? [01:31:49.720 --> 01:31:54.720] I'm Dr. Catherine Albrecht, urging you to speak up and resist invasive technologies. [01:31:54.720 --> 01:31:59.720] More news and information at CatherineAlbrecht.com. [01:32:14.720 --> 01:32:16.720] Okay, folks, we are back. [01:32:16.720 --> 01:32:21.720] We've got half an hour left here on the rule of law, ruleoflawradio.com. [01:32:21.720 --> 01:32:25.720] And folks, family law is not really our area of expertise. [01:32:25.720 --> 01:32:32.720] And in general, there are not really any governing statutes on family law except sometimes with child support. [01:32:32.720 --> 01:32:38.720] And I'm going to make a comment about child support after we finish taking care of the caller's issues. [01:32:38.720 --> 01:32:43.720] However, Tom, I want to ask you a question concerning this agreement. [01:32:43.720 --> 01:32:46.720] When you sign an agreement concerning division of property, [01:32:46.720 --> 01:32:55.720] did the retirement account get included in that agreement as to how that would be split up? [01:32:55.720 --> 01:32:56.720] Yes. [01:32:56.720 --> 01:32:57.720] Okay. [01:32:57.720 --> 01:33:10.720] Is there any property that you own together either in name, on paper, or otherwise that was not included in that agreement that you signed? [01:33:10.720 --> 01:33:15.720] Anything, a car, anything legitimate? [01:33:15.720 --> 01:33:21.720] Well, yes, there are still things there that are mine that have been locked out of, like tools and case files and things like that. [01:33:21.720 --> 01:33:23.720] I can't really make a living. [01:33:23.720 --> 01:33:24.720] Well, wait a minute. [01:33:24.720 --> 01:33:27.720] No, that's personal property that belongs to you. [01:33:27.720 --> 01:33:28.720] That's not what I'm talking about. [01:33:28.720 --> 01:33:32.720] I'm talking about joint property that you own together. [01:33:32.720 --> 01:33:43.720] Is there any joint property that you own together that was not included in the agreement that you signed concerning the division of the property? [01:33:43.720 --> 01:33:45.720] I would say that everything was included. [01:33:45.720 --> 01:33:48.720] Then I don't think, I hate to break the news to you, [01:33:48.720 --> 01:33:54.720] but I don't think you're going to have any legitimate claim for a contested divorce [01:33:54.720 --> 01:34:06.720] because in general, across the board, the only grounds for contested divorce is when there is a dispute over division of mutual property [01:34:06.720 --> 01:34:15.720] or division of how you're going to divvy up the debt or concerning custody of the children and child support. [01:34:15.720 --> 01:34:18.720] That's the only grounds for contested divorce. [01:34:18.720 --> 01:34:24.720] I mean, your tools and things like that, that's your personal property that belongs to you. [01:34:24.720 --> 01:34:28.720] That is not grounds for contested divorce because that's already yours. [01:34:28.720 --> 01:34:34.720] Grounds for contested divorce is a dispute over mutual property and how it can be divided. [01:34:34.720 --> 01:34:40.720] If you've already signed an agreement to that fact, like Randy was saying, [01:34:40.720 --> 01:34:51.720] you're going to have to come up with some very good reasons of why you signed that agreement and why that agreement should not be holding up right now. [01:34:51.720 --> 01:34:57.720] Well, the reason that the agreement was signed was I was, like I said, basically penniless. [01:34:57.720 --> 01:35:07.720] I'm not going to get into the details, but I signed the agreement based on the fact that the bank account would be released seven days after I signed that. [01:35:07.720 --> 01:35:13.720] I had a sort of prompter to say, listen, you really got to sign this because I have to get some money. [01:35:13.720 --> 01:35:17.720] Seven days later, some money came out, a portion of it. [01:35:17.720 --> 01:35:19.720] The bulk of it is still there. [01:35:19.720 --> 01:35:21.720] Wait a minute. [01:35:21.720 --> 01:35:28.720] Did it say in the agreement that the entire amount of the account was to be withdrawn? [01:35:28.720 --> 01:35:35.720] I mean, did it say in the agreement that the account was to be dissolved at that point? [01:35:35.720 --> 01:35:39.720] Well, let me just put here what they wrote. [01:35:39.720 --> 01:35:41.720] This is what the other attorney wrote. [01:35:41.720 --> 01:35:45.720] Contingent assets and liabilities shall be divided as follows. [01:35:45.720 --> 01:35:50.720] Now, this is the part that I used to put in my affirmative defense. [01:35:50.720 --> 01:35:52.720] This is the other attorney. [01:35:52.720 --> 01:36:00.720] The stock portion only of Tom's 401K is to be liquidated and given to him with the understanding that if divorce occurs, [01:36:00.720 --> 01:36:06.720] this amount is included as part of the share of the 401Ks, which will be divided equally between husband and wife. [01:36:06.720 --> 01:36:08.720] Okay. [01:36:08.720 --> 01:36:13.720] But the divorce has not occurred yet, and so you can't go for breach of contract. [01:36:13.720 --> 01:36:21.720] That's why I was trying to get specific here because if she agreed to something that she has not fulfilled that part of the agreement, [01:36:21.720 --> 01:36:26.720] then you could go after her for breach of contract, not necessarily contested divorce. [01:36:26.720 --> 01:36:33.720] But from what you just told me, this contract is a contract where it agrees that upon divorce, [01:36:33.720 --> 01:36:36.720] the property is to be split in such and such a manner. [01:36:36.720 --> 01:36:43.720] Now, just because the property has not been split in that manner yet doesn't mean breach of contract because there hasn't been a divorce yet. [01:36:43.720 --> 01:36:50.720] So, I mean, if I were you, I can't give legal advice, but if I were you, [01:36:50.720 --> 01:36:55.720] I mean, it seems like there's not very many options but to just go through with what the contract already says. [01:36:55.720 --> 01:37:00.720] Randy, do you have any other comments? [01:37:00.720 --> 01:37:01.720] Is Randy still with us? [01:37:01.720 --> 01:37:04.720] No. [01:37:04.720 --> 01:37:06.720] Randy? [01:37:06.720 --> 01:37:08.720] There he is. [01:37:08.720 --> 01:37:09.720] Okay. [01:37:09.720 --> 01:37:10.720] Am I unmuted? [01:37:10.720 --> 01:37:11.720] Yeah, you're there. [01:37:11.720 --> 01:37:12.720] Go ahead. [01:37:12.720 --> 01:37:13.720] Okay. [01:37:13.720 --> 01:37:23.720] Yeah, it looks like this is difficult, but if you agreed that when you signed the contract, [01:37:23.720 --> 01:37:28.720] that money would come out, did you agree to how much money would come out? [01:37:28.720 --> 01:37:32.720] And was that the amount that actually did come out? [01:37:32.720 --> 01:37:33.720] Yes. [01:37:33.720 --> 01:37:34.720] Okay. [01:37:34.720 --> 01:37:39.720] It was not really an agreed amount because it stopped, so it was volatile. [01:37:39.720 --> 01:37:43.720] It was whatever the amount was at the value of the time of the release. [01:37:43.720 --> 01:37:44.720] Okay. [01:37:44.720 --> 01:37:50.720] Did it effectively reflect the agreement in the contract? [01:37:50.720 --> 01:37:54.720] Yes, it essentially, in essence, did do what the agreement did. [01:37:54.720 --> 01:37:59.720] My point, though, is it was a quick approach. [01:37:59.720 --> 01:38:02.720] This is you do this or you don't get your money. [01:38:02.720 --> 01:38:05.720] Again, that's not going to help. [01:38:05.720 --> 01:38:07.720] That's not going to help. [01:38:07.720 --> 01:38:08.720] Yeah, that's not going to help. [01:38:08.720 --> 01:38:12.720] You won't be able to, as a legal claim, you won't be able to bring that. [01:38:12.720 --> 01:38:20.720] My final point in Virginia Code 20-107.3, court may decree as to property of the parties, [01:38:20.720 --> 01:38:26.720] intercontest is divorced with property in dispute, and there is property in dispute. [01:38:26.720 --> 01:38:34.720] Maybe I don't have the proper definition of property, but the waiting period goes from six months to two years. [01:38:34.720 --> 01:38:39.720] Okay, but again, I don't see where there's any property in dispute here because there's an agreement [01:38:39.720 --> 01:38:43.720] that you signed concerning the division of the mutually owned property. [01:38:43.720 --> 01:38:45.720] That's what it means when it says property in dispute. [01:38:45.720 --> 01:38:48.720] It's talking about mutually owned property. [01:38:48.720 --> 01:38:54.720] The fact that you don't have, the fact that she has withheld your personal property from you [01:38:54.720 --> 01:38:56.720] that does not count as property in dispute. [01:38:56.720 --> 01:38:57.720] That's theft. [01:38:57.720 --> 01:38:59.720] That's larceny. [01:38:59.720 --> 01:39:00.720] Okay, that's your personal property. [01:39:00.720 --> 01:39:06.720] When it talks about property in dispute, they're talking about mutually owned property [01:39:06.720 --> 01:39:10.720] where there's a dispute over how it should be divided, and from what you've told me, [01:39:10.720 --> 01:39:18.720] there is no mutually owned property that is not included in that agreement, so there's no property in dispute. [01:39:18.720 --> 01:39:20.720] That's what we've been trying to say here. [01:39:20.720 --> 01:39:23.720] Okay, okay. [01:39:23.720 --> 01:39:29.720] I mean, you can go after her for larceny, for withholding your personal property from you, [01:39:29.720 --> 01:39:31.720] but that's a criminal issue. [01:39:31.720 --> 01:39:40.720] You could sue her for damages on larceny, but that doesn't count for contested divorce. [01:39:40.720 --> 01:39:48.720] Have you petitioned the court for an order to order her to release your tools? [01:39:48.720 --> 01:39:51.720] Yes. [01:39:51.720 --> 01:39:55.720] Basically, the clerk is telling me that the other lawyer will set everything, [01:39:55.720 --> 01:39:58.720] and I'm saying that I would like to set the hearing date. [01:39:58.720 --> 01:40:02.720] The other attorney refuses to basically contact me. [01:40:02.720 --> 01:40:06.720] Go into the courtroom. [01:40:06.720 --> 01:40:09.720] Find out when the judge is going to have motion hearings. [01:40:09.720 --> 01:40:11.720] I've already contacted his secretary. [01:40:11.720 --> 01:40:13.720] She's the one that made it all happen. [01:40:13.720 --> 01:40:18.720] Now, at least, I'm officially inside, and she has to now... [01:40:18.720 --> 01:40:28.720] Wait a minute. Did you send her a letter requesting that she give you two potential setting dates? [01:40:28.720 --> 01:40:34.720] Well, she has set a date for a final divorce decree. [01:40:34.720 --> 01:40:38.720] She's assuming I will argue all my motions at that point. [01:40:38.720 --> 01:40:40.720] Okay. That's probably all you can do. [01:40:40.720 --> 01:40:44.720] I've not been involved at all in setting any of the dates. [01:40:44.720 --> 01:40:45.720] Pardon me? [01:40:45.720 --> 01:40:49.720] I've not been involved at all in setting any of the dates, [01:40:49.720 --> 01:40:53.720] but I'm assuming I will be able to argue my motions. [01:40:53.720 --> 01:40:54.720] Okay. Hold on. [01:40:54.720 --> 01:40:57.720] Here's how you get involved in setting the dates. [01:40:57.720 --> 01:41:02.720] You send a registered letter to the court coordinator [01:41:02.720 --> 01:41:06.720] and request that this motion be set for hearing, [01:41:06.720 --> 01:41:11.720] request two potential dates, and request an answer from her. [01:41:11.720 --> 01:41:12.720] That's how you get it done. [01:41:12.720 --> 01:41:17.720] Then if she doesn't set it for hearing, then you go to the court when the judge is having motion hearings. [01:41:17.720 --> 01:41:22.720] You stand up in the courtroom and say, Your Honor, I have business with this court. [01:41:22.720 --> 01:41:27.720] I need a motion set for hearing, and your clerk won't set it. [01:41:27.720 --> 01:41:30.720] That will get it set. [01:41:30.720 --> 01:41:32.720] Well, then you probably want to hear the next part. [01:41:32.720 --> 01:41:36.720] Okay. But quickly, because we've been with you for two segments now, [01:41:36.720 --> 01:41:41.720] and we usually only spend one segment per caller, and we're almost to the end of the show. [01:41:41.720 --> 01:41:43.720] I'll make it real quick. [01:41:43.720 --> 01:41:47.720] Based on the fact that her pleading was defective [01:41:47.720 --> 01:41:51.720] and that it was a misrepresentation of the facts, [01:41:51.720 --> 01:41:57.720] going by Ford Motor Company v. Benitez 2007, Supreme Court of Virginia, [01:41:57.720 --> 01:42:02.720] they threw the book at an attorney who did a defective pleading of an affirmative defense. [01:42:02.720 --> 01:42:05.720] I'm going to move for fraud on the court. [01:42:05.720 --> 01:42:07.720] Hold on, hold on, hold on. [01:42:07.720 --> 01:42:10.720] Did you file for divorce? [01:42:10.720 --> 01:42:12.720] No, I did not. [01:42:12.720 --> 01:42:19.720] File a counterclaim, file a cross-claim against her counsel. [01:42:19.720 --> 01:42:22.720] I've done the counterclaim against her, and in the pleadings, [01:42:22.720 --> 01:42:27.720] I left open the option to file a third-party complaint after discovery. [01:42:27.720 --> 01:42:34.720] File the third-party, go ahead and file the third-party complaint against their attorney, her attorney. [01:42:34.720 --> 01:42:40.720] That will give her attorney reason to say to her, hey, you really need to do something. [01:42:40.720 --> 01:42:44.720] How is the pleading defective? [01:42:44.720 --> 01:42:50.720] As far as I'm concerned, it should have been a two-year waiting period over the contested property. [01:42:50.720 --> 01:42:54.720] There is no contested property. That's what we keep trying to tell you. [01:42:54.720 --> 01:42:56.720] Okay, then I guess I'm incorrect then. [01:42:56.720 --> 01:43:01.720] No, contested property, I'll say it again, is when there is mutually owned property [01:43:01.720 --> 01:43:05.720] that is in dispute of how it can be divided. You've signed a contract to that in fact. [01:43:05.720 --> 01:43:07.720] Now, wait a minute. Now, wait a minute. [01:43:07.720 --> 01:43:15.720] This has the effect of mutual ownership as the property is in her control or in the control of the court. [01:43:15.720 --> 01:43:19.720] Well, you can argue that, but it's really personal property. [01:43:19.720 --> 01:43:26.720] Well, if it's personal property and the court has ordered this held, then it becomes mutual. [01:43:26.720 --> 01:43:30.720] Okay, well, you can argue that. You could try just to push this issue through. [01:43:30.720 --> 01:43:35.720] But in general, that is not going to be a basis for a contested divorce though. [01:43:35.720 --> 01:43:38.720] That might get the judge to set this aside. [01:43:38.720 --> 01:43:43.720] That's just going to shake things loose in order for you to get your tools back, that's all. [01:43:43.720 --> 01:43:46.720] But it's not going to make this a contested divorce. [01:43:46.720 --> 01:43:51.720] All right, listen, Tom, we need to let you go because we've got other callers and only one segment left. [01:43:51.720 --> 01:43:52.720] I thank you a few times. [01:43:52.720 --> 01:44:00.720] Okay, thank you, Tom. We'll be back with Jeff and Jackie on the other side. [01:44:00.720 --> 01:44:06.720] More energy, stronger immune power, improved sense of well-being. [01:44:06.720 --> 01:44:10.720] How many supplements have you heard boast of these benefits? [01:44:10.720 --> 01:44:16.720] The team behind Centrition believes that supplements should over-deliver on their promises. [01:44:16.720 --> 01:44:19.720] And Centrition does just that. [01:44:19.720 --> 01:44:23.720] Centrition utilizes the ancient healing wisdom of Chinese medicine. 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[01:45:14.720 --> 01:45:18.720] If you have a lawyer, know what your lawyer should be doing. [01:45:18.720 --> 01:45:22.720] If you don't have a lawyer, know what you should do for yourself. [01:45:22.720 --> 01:45:27.720] Thousands have won with our step-by-step course, and now you can too. [01:45:27.720 --> 01:45:33.720] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.720 --> 01:45:38.720] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.720 --> 01:45:42.720] about the principles and practices that control our American courts. [01:45:42.720 --> 01:45:48.720] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:48.720 --> 01:45:51.720] pro se tactics, and much more. [01:45:51.720 --> 01:46:00.720] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:00.720 --> 01:46:22.720] Okay, folks, we're back. [01:46:22.720 --> 01:46:27.720] All right, I just want to make one quick comment for Tom before we move on, and that is this. [01:46:27.720 --> 01:46:35.720] If it was me, but this is just my personality, if I was in a situation of, you know, [01:46:35.720 --> 01:46:42.720] degenerating relation with a spouse and they presented me with a potential contract agreement [01:46:42.720 --> 01:46:48.720] for the divvying up of property that I really didn't agree to, to hold over my head [01:46:48.720 --> 01:46:52.720] in order to get their signature on a check to withdraw money, [01:46:52.720 --> 01:46:56.720] what I would have done is I would have filed for divorce immediately, [01:46:56.720 --> 01:46:58.720] and it would have been a contested divorce at that point. [01:46:58.720 --> 01:47:02.720] All property would have been contested straight up across the board [01:47:02.720 --> 01:47:04.720] because there would be no agreement. [01:47:04.720 --> 01:47:12.720] Now, that might have put a hold on how much longer it would take to get some immediate cash, [01:47:12.720 --> 01:47:18.720] but if I would have filed for divorce immediately upon being presented with that agreement, [01:47:18.720 --> 01:47:23.720] then I could have gotten some kind of order from the court immediately to at least get my tools [01:47:23.720 --> 01:47:29.720] so that I could have a means of living and then hopefully have something resolved [01:47:29.720 --> 01:47:32.720] as quickly as possible to have access to the rest of the property. [01:47:32.720 --> 01:47:38.720] But whenever you sign an agreement like that, when you give it all up for the short run, [01:47:38.720 --> 01:47:40.720] you just can't go back. [01:47:40.720 --> 01:47:42.720] But that's really all I wanted to say on that matter. [01:47:42.720 --> 01:47:48.720] And knowing Deborah's personality, she would want the vehicle [01:47:48.720 --> 01:47:52.720] so that she could use it to run over the spouse three or four times. [01:47:52.720 --> 01:47:54.720] To run over the what? [01:47:54.720 --> 01:47:55.720] Spouse. [01:47:55.720 --> 01:47:56.720] Oh, no, I would not. [01:47:56.720 --> 01:47:57.720] Okay. [01:47:57.720 --> 01:47:58.720] All right. [01:47:58.720 --> 01:48:00.720] Let's go to Jeff in Florida. [01:48:00.720 --> 01:48:01.720] Oh, I'm sorry. [01:48:01.720 --> 01:48:02.720] Wait a minute. [01:48:02.720 --> 01:48:04.720] We're going to go to Jackie first because she's got a court date tomorrow. [01:48:04.720 --> 01:48:07.720] Jackie from California, thank you for calling in. [01:48:07.720 --> 01:48:08.720] What is your question tonight? [01:48:08.720 --> 01:48:09.720] Let's try to move quickly. [01:48:09.720 --> 01:48:10.720] Okay. [01:48:10.720 --> 01:48:11.720] Yeah, hi. [01:48:11.720 --> 01:48:14.720] Yeah, I'm just very concerned about this. [01:48:14.720 --> 01:48:20.720] I'm a Californian, but I lived in Washington State for about a year, [01:48:20.720 --> 01:48:25.720] and then I was moving back, and during that time, we got stopped. [01:48:25.720 --> 01:48:29.720] Actually, my passenger was calling for assistance for 911, [01:48:29.720 --> 01:48:32.720] and we were stopped by the side of the road. [01:48:32.720 --> 01:48:36.720] But instead of helping us, as soon as they arrived, they were just really angry, [01:48:36.720 --> 01:48:40.720] hostile, and treated us like criminals, and I ended up getting arrested [01:48:40.720 --> 01:48:42.720] and brought into jail. [01:48:42.720 --> 01:48:47.720] It was only for 15 minutes, but tomorrow's the hearing, I guess. [01:48:47.720 --> 01:48:49.720] But there were four counts. [01:48:49.720 --> 01:48:51.720] Should I list them quickly what they were? [01:48:51.720 --> 01:48:54.720] Oh, yeah, and they also planted marijuana in the car. [01:48:54.720 --> 01:48:58.720] The policeman plucked some green herb out of his pocket and said, [01:48:58.720 --> 01:49:03.720] oh, I see marijuana, and he, I guess, considered that his possession. [01:49:03.720 --> 01:49:11.720] Although my passenger did have a Washington medical marijuana license at the time, [01:49:11.720 --> 01:49:16.720] and then I then later did get one myself as soon as I moved to California. [01:49:16.720 --> 01:49:18.720] I don't know if that'll help, but anyway, [01:49:18.720 --> 01:49:21.720] the first count was failure to present license. [01:49:21.720 --> 01:49:23.720] The second count was the possession. [01:49:23.720 --> 01:49:27.720] Third count was the vehicle not being registered, [01:49:27.720 --> 01:49:29.720] which actually that's the only thing that was true, [01:49:29.720 --> 01:49:32.720] but I was not actually living in California yet. [01:49:32.720 --> 01:49:35.720] And then the final one was failure to show evidence of insurance, [01:49:35.720 --> 01:49:37.720] and they totally made that one up. [01:49:37.720 --> 01:49:41.720] They never even asked for my insurance, but I did have it. [01:49:41.720 --> 01:49:43.720] Okay, hold on. [01:49:43.720 --> 01:49:46.720] You were in California at the time? [01:49:46.720 --> 01:49:48.720] No, I was driving. [01:49:48.720 --> 01:49:50.720] I was in California returning to Washington. [01:49:50.720 --> 01:49:51.720] Okay, wait a minute. [01:49:51.720 --> 01:49:53.720] No, no, no, don't go into the whole story. [01:49:53.720 --> 01:49:56.720] I'm trying to determine subject matter jurisdiction. [01:49:56.720 --> 01:49:57.720] Yes, we were in California. [01:49:57.720 --> 01:50:03.720] Where was the, did the vehicle have a set of plates on it? [01:50:03.720 --> 01:50:04.720] Yes. [01:50:04.720 --> 01:50:07.720] Were they Washington plates or California plates? [01:50:07.720 --> 01:50:10.720] They were California. [01:50:10.720 --> 01:50:13.720] And you were in California, they had jurisdiction. [01:50:13.720 --> 01:50:18.720] So if the plates were expired, California plates, [01:50:18.720 --> 01:50:21.720] and you were in California, they could hit you for it. [01:50:21.720 --> 01:50:24.720] If you were in California with expired Washington plates, [01:50:24.720 --> 01:50:26.720] they can't charge you for that. [01:50:26.720 --> 01:50:28.720] Well, actually, the law, I mean, I agree with you, [01:50:28.720 --> 01:50:32.720] but the law actually says that you have to be a resident of California at the time, [01:50:32.720 --> 01:50:34.720] but I was not yet a resident. [01:50:34.720 --> 01:50:39.720] Okay, that's in order to convict you. [01:50:39.720 --> 01:50:43.720] But in order to have probable cause to make the claim, [01:50:43.720 --> 01:50:48.720] if you're in California with a vehicle that has been registered in California [01:50:48.720 --> 01:50:52.720] and is displaying an expired California plate, [01:50:52.720 --> 01:50:55.720] that's a reasonable probable cause to leave. [01:50:55.720 --> 01:50:57.720] If you are not a resident of California, [01:50:57.720 --> 01:51:02.720] that would be an affirmative defense but not a part of the prosecution. [01:51:02.720 --> 01:51:04.720] Okay, it's hard to follow that. [01:51:04.720 --> 01:51:05.720] I'm not sure. [01:51:05.720 --> 01:51:09.720] Well, you know, you can say, you know, the policeman looks at it. [01:51:09.720 --> 01:51:11.720] Well, he got a car. [01:51:11.720 --> 01:51:13.720] It's in California. [01:51:13.720 --> 01:51:17.720] It's got California plates on it, but they're expired. [01:51:17.720 --> 01:51:23.720] That would give him reasonable probable cause to believe that you have violated statute. [01:51:23.720 --> 01:51:26.720] Then you could come to court and say, well, you know, that's true. [01:51:26.720 --> 01:51:27.720] All of that was true. [01:51:27.720 --> 01:51:30.720] But at the time, I was actually a resident of another state. [01:51:30.720 --> 01:51:34.720] So I wasn't required to have California plates. [01:51:34.720 --> 01:51:37.720] That's an affirmative defense. [01:51:37.720 --> 01:51:40.720] But you can't raise affirmative defense on the side of the highway [01:51:40.720 --> 01:51:47.720] with the police officer because that's a judicial determination the court has to make. [01:51:47.720 --> 01:51:53.720] So the officer would have had probable cause to make the claim. [01:51:53.720 --> 01:51:59.720] Now, if they took, okay, the issue of marijuana, [01:51:59.720 --> 01:52:07.720] also the passenger claimed to have a valid marijuana license. [01:52:07.720 --> 01:52:12.720] That also is an affirmative defense to prosecution. [01:52:12.720 --> 01:52:19.720] But it's not a bar if the officer finds marijuana in the vehicle. [01:52:19.720 --> 01:52:23.720] And marijuana is a controlled substance. [01:52:23.720 --> 01:52:29.720] And he wasn't shown a valid prescription for that controlled substance. [01:52:29.720 --> 01:52:33.720] He's got probable cause. [01:52:33.720 --> 01:52:34.720] Well, wait a minute. [01:52:34.720 --> 01:52:38.720] It depends on what the medical marijuana situation is. [01:52:38.720 --> 01:52:43.720] In some situations, in some counties, you don't need a prescription. [01:52:43.720 --> 01:52:46.720] The doctor just gives you like a card, [01:52:46.720 --> 01:52:49.720] which is like an ID that says you're a medical marijuana patient. [01:52:49.720 --> 01:52:52.720] And then you can just go to the clinic and get whatever you want whenever you want. [01:52:52.720 --> 01:52:55.720] There's not a specific prescription. [01:52:55.720 --> 01:52:57.720] Was that the case here? [01:52:57.720 --> 01:53:00.720] Was your passenger able to demonstrate to the officer [01:53:00.720 --> 01:53:04.720] that she had a legal right to possess the marijuana? [01:53:04.720 --> 01:53:08.720] Well, we didn't have a chance to say anything because it was within a few seconds [01:53:08.720 --> 01:53:12.720] of them arriving on the scene that they put me in handcuffs and took me away. [01:53:12.720 --> 01:53:16.720] And then they dropped the passenger and my animal in the middle of town. [01:53:16.720 --> 01:53:18.720] You know, they had no money, no nothing. [01:53:18.720 --> 01:53:28.720] Well, the problem is the probable cause for the unregistered plate gave them that authority. [01:53:28.720 --> 01:53:30.720] They may have been jerks about it. [01:53:30.720 --> 01:53:36.720] They may have not had to, but they did have discretion to do that. [01:53:36.720 --> 01:53:38.720] Okay. [01:53:38.720 --> 01:53:44.720] And be sure to refer to your guest, not your passenger. [01:53:44.720 --> 01:53:47.720] Right. [01:53:47.720 --> 01:53:53.720] And you were controlling the helm of your private conveyance, [01:53:53.720 --> 01:53:59.720] not driving a vehicle and certainly not operating a vehicle. [01:53:59.720 --> 01:54:04.720] Yeah, what about that issue of not being a commercial driver? [01:54:04.720 --> 01:54:08.720] Well, the problem is you've got plates and stickers and all that on the car. [01:54:08.720 --> 01:54:12.720] So they have a presumptive claim that it is operating in commerce [01:54:12.720 --> 01:54:15.720] because it's registered for that purpose. [01:54:15.720 --> 01:54:17.720] Actually, they don't. [01:54:17.720 --> 01:54:19.720] That's not enough. [01:54:19.720 --> 01:54:20.720] Well, isn't it? [01:54:20.720 --> 01:54:24.720] The fact that it could be used in commerce [01:54:24.720 --> 01:54:28.720] gives them no probable cause to believe it is being used in commerce. [01:54:28.720 --> 01:54:35.720] That's true, but if there's expired plates, that does give them cause to pull someone over. [01:54:35.720 --> 01:54:38.720] Under the presumption that they're in commerce, [01:54:38.720 --> 01:54:44.720] but the first thing they would have to make a determination of is if they were in commerce. [01:54:44.720 --> 01:54:49.720] After commerce, their jurisdiction fails. [01:54:49.720 --> 01:54:53.720] I mean, that's an argument you can make, but we can assure you at this point, [01:54:53.720 --> 01:54:59.720] if you're not very sophisticated with making the argument, you're going to lose that one. [01:54:59.720 --> 01:55:00.720] Right. [01:55:00.720 --> 01:55:05.720] Your main affirmative defense is that your guest is a medical marijuana patient, [01:55:05.720 --> 01:55:11.720] and you may want to have your guest sign an affidavit, write an affidavit, [01:55:11.720 --> 01:55:19.720] fill that out, and make a certified copy of the prescription card or the ID card [01:55:19.720 --> 01:55:29.720] or whatever it is in that situation and include that as an exhibit in attachment with the affidavit. [01:55:29.720 --> 01:55:33.720] That's probably going to be your best affirmative defense at this point. [01:55:33.720 --> 01:55:35.720] What affidavit are you talking about? [01:55:35.720 --> 01:55:43.720] I'm talking about your guest writing up an affidavit saying that I hereby solemnly affirm [01:55:43.720 --> 01:55:47.720] that I am a medical marijuana patient under Washington law, blah, blah, blah. [01:55:47.720 --> 01:55:49.720] My doctor is so-and-so. [01:55:49.720 --> 01:55:51.720] The clinic is blah, blah, blah. [01:55:51.720 --> 01:55:57.720] And here is attached exhibit A is a certified true and correct copy [01:55:57.720 --> 01:56:03.720] of my prescription card signed and notarized. [01:56:03.720 --> 01:56:04.720] Okay, good. [01:56:04.720 --> 01:56:06.720] That's an affirmative defense. [01:56:06.720 --> 01:56:08.720] That needs to be submitted in your case. [01:56:08.720 --> 01:56:12.720] Is your trial tomorrow or is this just an arraignment hearing or something? [01:56:12.720 --> 01:56:15.720] I think it's a pretrial thing. [01:56:15.720 --> 01:56:20.720] By the way, another thing they're talking about is having me evaluated for competency. [01:56:20.720 --> 01:56:24.720] Do not agree to any psychiatric exams. [01:56:24.720 --> 01:56:26.720] Do not agree to it. [01:56:26.720 --> 01:56:27.720] We've had a- [01:56:27.720 --> 01:56:33.720] Okay, and notify them if they insist on a competency evaluation, [01:56:33.720 --> 01:56:35.720] you will demand a Daubert's hearing. [01:56:35.720 --> 01:56:38.720] They're going to have to get a court order for that. [01:56:38.720 --> 01:56:40.720] I would insist that it be court ordered. [01:56:40.720 --> 01:56:46.720] And if you want to know all about the risks that you're taking by entering into that, [01:56:46.720 --> 01:56:54.720] go back and listen to Dr. Bill Veath's show that he did with us on psychiatric psychological evaluations. [01:56:54.720 --> 01:56:57.720] You're setting yourself up for a very bad situation. [01:56:57.720 --> 01:56:58.720] We don't have time to discuss it. [01:56:58.720 --> 01:56:59.720] Yeah, I agree. [01:56:59.720 --> 01:57:00.720] I don't want- [01:57:00.720 --> 01:57:01.720] Okay, no, just don't do it. [01:57:01.720 --> 01:57:02.720] Don't agree to it. [01:57:02.720 --> 01:57:04.720] I don't pressure you into it as part of a plea deal or anything else. [01:57:04.720 --> 01:57:07.720] Just do not do it. [01:57:07.720 --> 01:57:11.720] Do not do it because you'd be setting yourself up to lose all of your rights. [01:57:11.720 --> 01:57:14.720] I don't know exactly what's supposed to happen tomorrow at pretrial. [01:57:14.720 --> 01:57:18.720] Are you supposed to enter a plea or what is it? [01:57:18.720 --> 01:57:21.720] I'm not really sure. [01:57:21.720 --> 01:57:24.720] Okay, if you're not sure, when you go there, [01:57:24.720 --> 01:57:31.720] then notify the court that you have affirmative defenses for the license, the marijuana, [01:57:31.720 --> 01:57:35.720] and what else are you charged with? [01:57:35.720 --> 01:57:37.720] The failure to display driver's license? [01:57:37.720 --> 01:57:39.720] The insurance and license. [01:57:39.720 --> 01:57:41.720] I didn't fill in the license quickly enough, but I do have it. [01:57:41.720 --> 01:57:47.720] Okay, license, license, driver's license, registration, the plates, which you talked about. [01:57:47.720 --> 01:57:49.720] Do you have a copy of your file yet? [01:57:49.720 --> 01:57:50.720] Do you know what's in the file? [01:57:50.720 --> 01:57:53.720] Are there any criminal- is there a complaint in the file? [01:57:53.720 --> 01:57:54.720] I think so. [01:57:54.720 --> 01:57:58.720] Okay, well, make sure that there's a- make sure there's a complaint in the file. [01:57:58.720 --> 01:58:02.720] If there's no complaint, then don't enter a plea. [01:58:02.720 --> 01:58:04.720] Have you entered a plea yet? [01:58:04.720 --> 01:58:05.720] No. [01:58:05.720 --> 01:58:07.720] Okay, go ahead, Randy, quickly. [01:58:07.720 --> 01:58:10.720] What are you charged with? [01:58:10.720 --> 01:58:15.720] Marijuana, driver's license, or license plates, or both? [01:58:15.720 --> 01:58:18.720] Failure to present license, although I do have one. [01:58:18.720 --> 01:58:22.720] Okay, if you present a license, that goes away. [01:58:22.720 --> 01:58:23.720] Okay. [01:58:23.720 --> 01:58:26.720] If you show that you didn't live in the state, that goes away. [01:58:26.720 --> 01:58:29.720] Proof that you had a right to have the marijuana, that goes away. [01:58:29.720 --> 01:58:30.720] Yeah, but that's not- [01:58:30.720 --> 01:58:32.720] You just notify the court you have affirmative defense. [01:58:32.720 --> 01:58:34.720] And make sure you get your friend to do the affidavit. [01:58:34.720 --> 01:58:38.720] If you can do that tomorrow before the hearing, that would be good. [01:58:38.720 --> 01:58:40.720] But make- but get a copy of everything in your file, [01:58:40.720 --> 01:58:44.720] and make sure there's actually complaints, a sworn complaint, [01:58:44.720 --> 01:58:48.720] and a statement of probable cause, because if there's not, don't even enter a plea. [01:58:48.720 --> 01:58:55.720] Say that you want requests to- for clarification on what you're being charged with. [01:58:55.720 --> 01:58:56.720] Okay. [01:58:56.720 --> 01:58:58.720] All right, the show's over, and we'll see you tomorrow, folks. [01:58:58.720 --> 01:59:26.720] Good night. [01:59:28.720 --> 01:59:43.720] Thank you. [01:59:43.720 --> 01:59:58.720] Good night.