[00:00.000 --> 00:05.000] This news brief brought to you by the International Newsnet. [00:05.000 --> 00:09.000] More than 500 people have been killed in Northern Thailand by flooding. [00:09.000 --> 00:15.000] Three months of heavy rain have destroyed farmland and forced tens of thousands from their homes. [00:15.000 --> 00:18.000] Large parts of the capital Bangkok are also flooded [00:18.000 --> 00:21.000] and there are fears flooding Codingulfa city center. [00:23.000 --> 00:29.000] Occupy Wall Street has used some of the $500,000 it's received in donations [00:29.000 --> 00:37.000] to run a TV ad on Bloomberg News, ESPN, CBS Sports, Fox News and other networks this past weekend. [00:37.000 --> 00:45.000] The 32nd ad proclaims the worldwide movement's desire for peace, democracy and economic justice. [00:45.000 --> 00:52.000] Major General Peter Fuller tasked with training Afghan security forces was fired Monday [00:52.000 --> 00:57.000] after giving an interview to Politico criticizing Afghan President Hamid Karzai [00:57.000 --> 01:01.000] and Afghan generals as quote isolated from reality. [01:01.000 --> 01:07.000] The U.S.'s $11 billion annual training effort has yet to result in a single Afghan battalion [01:07.000 --> 01:10.000] fighting independently of its U.S. mentors. [01:10.000 --> 01:17.000] $150 million of taxpayers' money has been spent to equip the government facility [01:17.000 --> 01:22.000] in Lower Manhattan where private security personnel employed by Wall Street firms [01:22.000 --> 01:28.000] and New York police department officers spy on protesters with the Occupy movement. [01:28.000 --> 01:34.000] Investigative journalist Pam Martin has unearthed documents from the Securities and Exchange Commission [01:34.000 --> 01:39.000] revealing that planning for the high-tech facility dates back six years. [01:39.000 --> 01:46.000] 2,000 spy cameras owned by Wall Street firms together with up to 1,000 NYPD cameras [01:46.000 --> 01:51.000] are relaying live feeds of people on the streets of Lower Manhattan. [01:51.000 --> 01:56.000] Wall Street firms in conjunction with the NYPD are using video analytics [01:56.000 --> 02:00.000] which track a person based on the color of their hat or jacket. [02:00.000 --> 02:07.000] Insiders told Martin the NYPD either has or is working on face recognition software. [02:07.000 --> 02:14.000] Pakistan Sunday described as pure fiction a U.S. media report about possible American plans [02:14.000 --> 02:18.000] to seize the country's nuclear arsenal in the event of an extremist threat [02:18.000 --> 02:23.000] saying no one should underestimate its ability to defend its national interests. [02:23.000 --> 02:27.000] A statement by Pakistan's Foreign Office said the Atlantic article, quote, [02:27.000 --> 02:33.000] the ally from hell was baseless and orchestrated by quarters inimical to Pakistan. [02:33.000 --> 02:38.000] Rices Jeffrey Goldberg and Mark Ambinder wrote that Pakistan is an obvious place [02:38.000 --> 02:43.000] for militants to seek nuclear weapons or materials because of a weak government [02:43.000 --> 02:47.000] and infiltration of its security forces by jihadist sympathizers. [02:47.000 --> 02:51.000] The article said Pakistan goes to great lengths to conceal its nuclear weapons. [02:51.000 --> 02:56.000] The article detailed contingency plans involving hundreds of U.S. commandos [02:56.000 --> 03:00.000] who'd swoop in and disable or seize Pakistan's nuclear arsenal [03:00.000 --> 03:18.000] in the event of the collapse of the state or a jihadist coup. [03:31.000 --> 03:36.000] All right, folks. Good evening. This is Rule of Law Radio. [03:36.000 --> 03:42.000] This is Monday, November 7th, 2011. We are live at Not Memorex. [03:42.000 --> 03:46.000] There is something I would like to talk to you folks about tonight dealing with [03:46.000 --> 03:52.000] registration of motor vehicles versus registration of your own private car. [03:52.000 --> 03:58.000] Now, there is a misconception in most states, including Texas, [03:58.000 --> 04:04.000] that the requirement to register and obtain a certificate of title for an automobile [04:04.000 --> 04:12.000] is a mandatory requirement. However, there's a slight problem with this fictitious belief. [04:12.000 --> 04:18.000] It is a fictitious belief. What I'm going to do tonight is I'm going to begin the show [04:18.000 --> 04:22.000] with going through some of the statutory information that spells out exactly [04:22.000 --> 04:30.000] what a certificate of title is and why it is being used and who it actually applies to. [04:30.000 --> 04:35.000] Now, once you see who it actually applies to, the question becomes, [04:35.000 --> 04:40.000] well, how am I supposed to register my car as a motor vehicle [04:40.000 --> 04:46.000] when I am not one of the entities to whom a motor vehicle can be registered? [04:46.000 --> 04:53.000] On top of that, how would I register it if I am not one of the entities that a motor vehicle [04:53.000 --> 04:58.000] certificate of title can be issued to? [04:58.000 --> 05:03.000] So it's kind of a catch-22. They're going to write you a ticket for not registering, [05:03.000 --> 05:09.000] but the law makes it very clear that only certain people are required to get [05:09.000 --> 05:15.000] and can get the certificate of title issued for the car and make it a motor vehicle. [05:15.000 --> 05:20.000] So if you actually get a certificate of title and it doesn't apply to you, [05:20.000 --> 05:25.000] the argument could conceivably be made that you're fictitiously obtaining that certificate of title [05:25.000 --> 05:28.000] by declaring your car to be a motor vehicle. [05:28.000 --> 05:32.000] And you'll see how that comes out when we start looking at this. [05:32.000 --> 05:39.000] But let's go to where the law actually begins this little misconception of reality here. [05:39.000 --> 05:46.000] We need to look first and foremost at chapter 502 of the Texas Transportation Code. [05:46.000 --> 05:53.000] Now chapter 502 deals with the registration of motor vehicles. [05:53.000 --> 06:02.000] Now in this registration process, it tells you very clearly that you cannot register [06:02.000 --> 06:09.000] a motor vehicle in this state without a certificate of title. [06:09.000 --> 06:17.000] Now the problem here is, okay, how did we get to that point? [06:17.000 --> 06:24.000] We've been led to believe that the certificate of title applies to every car. [06:24.000 --> 06:29.000] That's not true. And we'll see that when we look at chapter 501. [06:29.000 --> 06:34.000] But right now I'm going to look up the specific section here under the transportation code [06:34.000 --> 06:42.000] that shows you that you cannot register a car in Texas without a certificate of title. [06:42.000 --> 06:53.000] All right? Now, give me just one second and I'll get this pulled up here. [06:53.000 --> 07:00.000] Okay, registration required general rule. This is in 502.002. [07:00.000 --> 07:06.000] And it says in A, the owner of a motor vehicle trailer or semi-trailer shall apply [07:06.000 --> 07:13.000] for the registration of the vehicle for each registration year in which the vehicle is to be used, [07:13.000 --> 07:17.000] is used, or to be used on a public highway. [07:17.000 --> 07:23.000] Number two, if the vehicle is unregistered for a registration year that has begun [07:23.000 --> 07:27.000] and that applies to the vehicle, and if the vehicle is used or to be used on a public highway, [07:27.000 --> 07:32.000] the remaining portion of that registration year, subsection B, [07:32.000 --> 07:36.000] the application must be made to the department through the county assessor collector of the county [07:36.000 --> 07:42.000] in which the owner resides, subsection C, a provision of this chapter that conflicts with this section, [07:42.000 --> 07:48.000] prevails over this section to the extent of the conflict. D, a county assessor collector, [07:48.000 --> 07:53.000] a deputy county assessor collector, or a person acting on behalf of a county assessor collector [07:53.000 --> 08:00.000] is not liable to any person for, one, refusing to register a motor vehicle because of the person's failure [08:00.000 --> 08:05.000] to submit evidence of residency that complies with the department's rules, [08:05.000 --> 08:12.000] or to registering a motor vehicle under this section. [08:12.000 --> 08:18.000] Now, that tells us right there that they're saying registration is required, [08:18.000 --> 08:22.000] but then it gives you specific things to whom it applies. [08:22.000 --> 08:31.000] The owner of a motor vehicle trailer or semi-trailer shall apply for the registration of the vehicle. [08:31.000 --> 08:42.000] Okay? Now, when we go into this, I'm trying to find the actual section that says they won't register at all [08:42.000 --> 08:53.000] without the certificate of title. Let's see. Yeah, there we go. [08:53.000 --> 09:03.000] Okay. Now, in 502.152 of the Texas Transportation Code, that section is titled Certificate of Title Required [09:03.000 --> 09:13.000] for Registration. Subsection A, the department may not register or renew the registration of a motor vehicle [09:13.000 --> 09:23.000] for which a certificate of title is required under Chapter 501 unless the owner, one, [09:23.000 --> 09:31.000] obtains a certificate of title for the vehicle, or two, presents satisfactory evidence [09:31.000 --> 09:38.000] that a certificate of title was previously issued to the owner by the department of another jurisdiction, [09:38.000 --> 09:44.000] meaning a different state. B, this section does not apply to an automobile [09:44.000 --> 09:50.000] that was purchased new before January 1, 1936. [09:50.000 --> 09:57.000] All right. Now, this section specifically states that they will not register the car [09:57.000 --> 10:03.000] without the certificate of title. That is issued under Chapter 501. [10:03.000 --> 10:10.000] What we're going to do now is look at 501 and see how this certificate of title actually applies. [10:10.000 --> 10:15.000] Now, there are some certain things we need to know about this certificate of title. [10:15.000 --> 10:19.000] First and foremost, there are some definitions we need to understand. [10:19.000 --> 10:26.000] So, what we look at in the first part of Chapter 501 is 501.001, short title. [10:26.000 --> 10:34.000] This chapter may be cited as the certificate of title acts. 501.002 definitions in this chapter, [10:34.000 --> 10:40.000] meaning the entirety of Chapter 501, the following definitions have this meaning. [10:40.000 --> 10:50.000] One, certificate of title means an instrument issued under Section 501.021. [10:50.000 --> 10:56.000] Okay? 501.021, and it's an instrument. [10:56.000 --> 11:03.000] Department means, if you look at definition number three, the Texas Department of Motor Vehicles. [11:03.000 --> 11:09.000] So, this does not fall under the jurisdiction of the DPS. This is the DMV. [11:09.000 --> 11:22.000] Number five, first sale means, A, the bargain sale transfer or delivery of a motor vehicle that has not been previously registered or licensed [11:22.000 --> 11:28.000] with intent to pass an interest in the motor vehicle other than a lien, [11:28.000 --> 11:38.000] regardless of where the bargain sale transfer or delivery occurred and the registration or licensing of that vehicle. [11:38.000 --> 11:51.000] Alright? Now, nine, lien means, A, a lien provided for by the Constitution or statute in a motor vehicle. [11:51.000 --> 12:01.000] B, a security interest as defined by Section 1.201 Business and Commerce Code in a motor vehicle [12:01.000 --> 12:13.000] other than an absolute title created by any written security agreement as defined by Section 9.102 Business and Commerce Code, [12:13.000 --> 12:19.000] including a lease conditional sales contract, deed of trust, [12:19.000 --> 12:31.000] chattel mortgage, trust receipt or reservation of title, or C, a child support lien under Chapter 157 Family Code. [12:31.000 --> 12:37.000] Okay? Now, let's look at the definition in 14 of motor vehicle. [12:37.000 --> 12:48.000] Motor vehicle means, A, any motor driven or propelled vehicle required to be registered under the laws of this state. [12:48.000 --> 12:52.000] Now, that's a key thing there, required to be registered. [12:52.000 --> 12:54.000] Keep that in mind. [12:54.000 --> 13:04.000] B, a trailer or semi-trailer other than manufactured housing that has a gross vehicle weight that exceeds 4,000 pounds. [13:04.000 --> 13:25.000] C, a house trailer. D, an all-terrain vehicle or recreational off-highway vehicle as those terms are defined by Section 502.001 designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state. [13:25.000 --> 13:42.000] E, a motorcycle, motor driven cycle or moped that is not required to be registered under the laws of this state other than a motorcycle, motor driven cycle or moped designed for and used exclusively on a golf course. [13:42.000 --> 13:55.000] Definition 15, new motor vehicle means a motor vehicle that has not been the subject of a first sale, which we read you a moment ago for the definition of first sale. [13:55.000 --> 14:14.000] 16, owner includes a person other than a manufacturer, importer, distributor or dealer claiming Title II or having a right to operate under a lien, a motor vehicle that has been subject to a first sale. [14:14.000 --> 14:37.000] Definition 20, subsequent sale means A, the bargain sale transfer or delivery of a motor vehicle that has been previously registered or licensed in this state or elsewhere with intent to pass an interest in the vehicle other than a lien regardless of where the bargain sale transfer or delivery occurs [14:37.000 --> 14:47.000] and the registration of the vehicle if registration is required if registration is required under the laws of this state. [14:47.000 --> 14:59.000] 21, title receipt means an instrument, again the word instrument, issued under Section 501.024. [14:59.000 --> 15:08.000] 23, used motor vehicle means a motor vehicle that has been the subject of a first sale. [15:08.000 --> 15:29.000] Alright, now, Section 501.003 construction, this chapter shall be liberally construed to lesson and prevent. One, the theft of motor vehicles. Two, the importation into this state of traffic in motor vehicles that are stolen. [15:29.000 --> 15:40.000] And three, the sale of an encumbered motor vehicle without the enforced disclosure to the purchaser of a lien secured by the vehicle. [15:40.000 --> 16:01.000] Alright, now that is the purpose of this act. The certificate of title act is to lessen the theft or trade of stolen or lien encumbered vehicles and motor vehicles. That's all this act applies to. [16:01.000 --> 16:21.000] It is to prevent the trafficking of those things. Now, logic would say if your automobile is not stolen or has a lien placed against it or anything of that nature, this article or this entire act would not apply to you. [16:21.000 --> 16:33.000] Just basic common sense. It's not any of these things. How can this act apply to me? But let's go a little bit further and see if there's something else that would give us an indication that this act cannot apply to us. [16:33.000 --> 16:41.000] Jim, I see you there on the board. Please hang on. I'm not ignoring you, but I am trying to get this information out, so I'll pick you up after I get done. [16:41.000 --> 16:54.000] This is Rule of Law Radio. The call in number is 512-646-1984. This is the Monday Night Traffic Show. I am Eddie Craig with Deborah Stevens, Randy Kelton. We'll be right back on the other side of this break. [17:11.000 --> 17:26.000] With spending cuts and delivering only tax items, the 90s brought more compromises, more broken promises, and more new taxes. This August, the next chapter will be written, a defining moment. [17:26.000 --> 17:42.000] $14 trillion in debt makes it an employee, the dollar in decline. We know where they stand. But will our party's leaders repeat the mistakes of the past? Will they choose compromise or conviction? [17:42.000 --> 17:57.000] One candidate has always been true. Ron Paul, cut spending, balance the budget, no deals. Standing up to the Washington Machine, guided by principle, restore America now. [17:57.000 --> 18:00.000] I'm Ron Paul and I approve this message. [18:00.000 --> 18:14.000] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael Mearris Proven Method. Michael Mearris has won six cases in federal court against debt collectors, and now you can win two. [18:14.000 --> 18:26.000] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes. What to do when contacted by phones, mail, or court summons? How to answer letters and phone calls? [18:26.000 --> 18:33.000] How to get debt collectors out of your credit report? How to turn the financial tables on them and make them pay you to go away? [18:33.000 --> 18:49.000] The Michael Mearris Proven Method is the solution for how to stop debt collectors. Personal consultation is available as well. For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner, or email MichaelMearris at yahoo.com. [18:49.000 --> 18:57.000] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [18:57.000 --> 19:00.000] To learn how to stop debt collectors now. [19:00.000 --> 19:28.000] Music playing. [19:28.000 --> 19:33.000] Music playing. [19:33.000 --> 19:36.000] All right folks, we are back just to close up my radio. [19:36.000 --> 19:44.000] This is Eddie Craig, Trevor Stevens, Randy Kelton. This is the Monday Night Private Show. Call in number is 512-646-1984. [19:44.000 --> 19:50.000] Again, Jim, I do see you there. Please hang on for just a few more minutes, so let me finish up before I'm out here. [19:50.000 --> 20:08.000] Okay, now we read what the constructive purpose of this act is, which is to prevent the sale or trade or dealing in stolen motor vehicles or leaned encumbered motor vehicles. [20:08.000 --> 20:25.000] But, who does the Certificate of Title Act actually apply to? We find the answer to that question in Section 501.004. That section is titled, Applicability. [20:25.000 --> 20:45.000] Subsection A, this chapter, meaning all of Chapter 501, the Certificate of Title Act in its entirety, this chapter applies to a motor vehicle owned by the state or a political subdivision of the state. [20:45.000 --> 20:48.000] Got it? [20:48.000 --> 21:00.000] Those are the people that must get a Certificate of Title. This is why the state takes the Certificate of Title when it's sold as a motor vehicle. [21:00.000 --> 21:06.000] Only the state can have a motor vehicle under the Certificate of Title Act. [21:06.000 --> 21:20.000] So, there's no wonder that when you send them the Certificate of Title or the MSO or MCO from the dealership, they have a right to presume they're being given ownership of the car. [21:20.000 --> 21:23.000] Think about that. [21:23.000 --> 21:37.000] They're taking the Certificate of Title and issuing it in place of the actual ownership papers. Then what are they doing? Destroying the actual ownership papers after they make a microfish copy of it. [21:37.000 --> 21:50.000] Now, who but the owner of a piece of property can destroy the document that states who owns the property? [21:50.000 --> 21:59.000] If anyone other than the owner destroys that document, that's tampering with a government record, is it not? [21:59.000 --> 22:07.000] Only the owner that controls the document can change, alter, or destroy it. [22:07.000 --> 22:23.000] So, once they get their hands on the MSO or MCO, the presumption becomes that if you're applying for a Certificate of Title, then this motor vehicle belongs to the state or political subdivision of the state. [22:23.000 --> 22:31.000] It's written right there in 501.004 subsection A. [22:31.000 --> 22:47.000] Now, let's look at subsection B. This chapter does not apply to, one, a trailer or semi-trailer used only for the transportation of farm products if the products are not transported for hire. [22:47.000 --> 23:03.000] Now, B makes this look like this chapter might apply to somebody other than the state by talking about transportation of farm products and farm products that are not transported for hire. [23:03.000 --> 23:17.000] But if the state is the only one that can own the motor vehicle, then who does the state control that could be using a motor vehicle to transport farm products? [23:17.000 --> 23:21.000] Think about that for a second. [23:21.000 --> 23:30.000] Used to be the state prisons were producing their own food and their own livestock. [23:30.000 --> 23:41.000] The prisoners were actually expected to get off their lazy incarcerated behinds and work to feed themselves instead of the taxpayer doing it. [23:41.000 --> 23:55.000] Used to, there were trucks of all kinds being driven by prison trustees to and from the prisons loaded with livestock and produce for sale at the farmer's markets. [23:55.000 --> 24:03.000] Therefore, B1 would apply to such a motor vehicle operated by the state. [24:03.000 --> 24:14.000] B2, the filing or recording of a lien that is created only on an automobile accessory, including a tire, radio or heater. [24:14.000 --> 24:22.000] Again, this whole chapter only applies to motor vehicles owned by the state or political subdivision of the state. [24:22.000 --> 24:31.000] So what state owned or political subdivision owned type of vehicle do we put automobile accessories on? [24:31.000 --> 24:50.000] Well, all the law enforcement vehicles get lighting accessories, radio accessories, computer accessories, just gun toting accessories, gas expenditure and road strip, tire spike accessories in the trunk, communications equipment. [24:50.000 --> 24:55.000] These are all accessorized to the cruiser after the fact. [24:55.000 --> 24:57.000] Okay. [24:57.000 --> 25:03.000] Three, a motor vehicle while it is owned or operated by the United States. [25:03.000 --> 25:19.000] Or four, a new motor vehicle on loan to a political subdivision of the state for use only in a driver education course approved by the Central Education Agency. [25:19.000 --> 25:27.000] Those are the four specific things that subsection B of 501.004 does not apply to. [25:27.000 --> 25:40.000] And if you look at them, every one of them designates a motor vehicle under the control of the state or political subdivision of the state. [25:40.000 --> 25:46.000] Even the last one, state approved driver education. [25:46.000 --> 25:51.000] The Central Education Agency is a state agency. [25:51.000 --> 26:04.000] They create a contract with some dealership to loan cars to schools and other places offering the CEA driver education courses. [26:04.000 --> 26:06.000] The schools don't buy those cars. [26:06.000 --> 26:09.000] They're loaned out to them. [26:09.000 --> 26:14.000] They're under state control. [26:14.000 --> 26:21.000] Now, when we look at this, there's a couple of other things here that we need to see real quick. [26:21.000 --> 26:24.000] 501.005. [26:24.000 --> 26:30.000] This is where we find out what a certificate of title actually does. [26:30.000 --> 26:34.000] It says its title conflicts with business and commerce code. [26:34.000 --> 26:41.000] Chapters one through nine, business and commerce code control over a conflicting provision of this chapter. [26:41.000 --> 26:51.000] Now, if this is about a certificate of title for the purpose of registering motor vehicles, where does the business and commerce code come into play? [26:51.000 --> 27:03.000] Well, let me tell you, it comes into play through those previous terms we looked at where it identified the certificate of title as an instrument. [27:03.000 --> 27:10.000] The certificate of title is in fact a negotiable instrument. [27:10.000 --> 27:12.000] Okay, how do we know this? [27:12.000 --> 27:17.000] Well, let's go to the business and commerce code here real quick. [27:17.000 --> 27:21.000] And look at first section 1.101. [27:21.000 --> 27:23.000] So you know what we're dealing with. [27:23.000 --> 27:25.000] Short titles. [27:25.000 --> 27:35.000] Subsection A, this title may be cited as the uniform commercial code, the UCC. [27:35.000 --> 27:44.000] Subsection B, this chapter may be cited as uniform commercial code, general provisions. [27:44.000 --> 27:50.000] So you can refer to this particular section we're looking at as either of these two things. [27:50.000 --> 27:54.000] Section 1.102, scope of chapter. [27:54.000 --> 28:04.000] This chapter applies to a transaction to the extent that it is governed by another chapter of this title. [28:04.000 --> 28:10.000] Now, sub chapter B, general definitions and principles of interpretation. [28:10.000 --> 28:13.000] Here's something we need to know. [28:13.000 --> 28:17.000] Section 1.201, general definitions. [28:17.000 --> 28:33.000] A, unless the context otherwise requires words or phrases defined in this section or in the additional definitions contained in other chapters of this title that apply to particular chapters or parts thereof have the meanings stated. [28:33.000 --> 28:35.000] That's simple enough. [28:35.000 --> 28:42.000] If it's not defined in any other place in the code, then these are the definitions that control. [28:42.000 --> 28:52.000] Subsection B, subject to definitions contained in other chapters of this title that apply to particular chapters or parts thereof. [28:52.000 --> 28:57.000] Definition number 35, security interest. [28:57.000 --> 28:59.000] Now listen to this. [28:59.000 --> 29:08.000] Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. [29:08.000 --> 29:23.000] Security interest includes any interest of a co-signer and a buyer of accounts, shadow paper, a payment intangible, or a promissory note in a transaction that is subject to chapter 9. [29:23.000 --> 29:34.000] Security interest does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under section 2.401. [29:34.000 --> 29:40.000] But a buyer may also acquire security interest by complying with chapter 9. [29:40.000 --> 29:42.000] All right, Jim, Mark, I see you on the board. [29:42.000 --> 29:44.000] We only have a little bit more to go, so hang in there. [29:44.000 --> 29:46.000] This is Rule of Law Radio. [29:46.000 --> 29:48.000] I am Eddie Craig with Deborah Stevens, Randy Kelton. [29:48.000 --> 29:50.000] This is the Monday Night Traffic Show. [29:50.000 --> 29:54.000] Call in number 512-646-1984. [29:54.000 --> 29:56.000] We'll be right back after this break. [29:59.000 --> 30:05.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [30:05.000 --> 30:07.000] The government says that fire brought it down. [30:07.000 --> 30:12.000] However, 1,500 architects and engineers have concluded it was a controlled demolition. [30:12.000 --> 30:15.000] Over 6,000 of my fellow service members have given their lives. [30:15.000 --> 30:18.000] And thousands of my fellow first responders have died. [30:18.000 --> 30:20.000] I'm not a conspiracy theorist. [30:20.000 --> 30:21.000] I'm a structural engineer. [30:21.000 --> 30:22.000] I'm a New York City correctional officer. [30:22.000 --> 30:23.000] I'm an Air Force pilot. [30:23.000 --> 30:24.000] I'm a father who lost his son. [30:24.000 --> 30:27.000] We're Americans, and we deserve the truth. [30:27.000 --> 30:30.000] Go to RememberBuilding7.org today. [30:32.000 --> 30:35.000] Let's get physical, physical. [30:35.000 --> 30:41.000] Hey, if you exercise even a tent as much as you should, you can extend your life by years. [30:41.000 --> 30:46.000] I'm Dr. Catherine Albrecht, and I'll hike right back with the good news in just a moment. [30:46.000 --> 30:48.000] Privacy is under attack. [30:48.000 --> 30:51.000] When you give up data about yourself, you'll never get it back again. [30:51.000 --> 30:56.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:56.000 --> 31:01.000] So protect your rights, say no to surveillance, and keep your information to yourself. [31:01.000 --> 31:04.000] Privacy, it's worth hanging on to. [31:04.000 --> 31:07.000] This public service announcement is brought to you by StartPage.com, [31:07.000 --> 31:11.000] the private search engine alternative to Google, Yahoo, and Bing. [31:11.000 --> 31:14.000] Start over with StartPage. [31:14.000 --> 31:16.000] Exercise. [31:16.000 --> 31:19.000] We all know we need it, but we don't always take the time to do it. [31:19.000 --> 31:26.000] Now new evidence says just 15 measly minutes of physical activity a day can extend your life a lot. [31:26.000 --> 31:32.000] Researchers in Taiwan found that an hour and a half of exercise a week extended people's lives by three whole years. [31:32.000 --> 31:34.000] That's just 13 minutes a day. [31:34.000 --> 31:40.000] The study found that small amounts of daily exercise made people 10% less likely to die of cancer [31:40.000 --> 31:44.000] and 14% less likely to die for any reason. [31:44.000 --> 31:50.000] So come on, couch potatoes, dig out those Olivia Newton-John CDs and let me hear your body talk. [31:50.000 --> 31:55.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [32:04.000 --> 32:06.000] Yeah, I got the larynx. [32:06.000 --> 32:12.000] And I'm going to solve that to the help of a man. [32:12.000 --> 32:14.000] Hi folks, we are back. [32:14.000 --> 32:16.000] This is moving call radio. [32:16.000 --> 32:18.000] We have Jim and Mark on the board. [32:18.000 --> 32:20.000] Guys, please be patient for just a couple more minutes. [32:20.000 --> 32:25.000] I am trying to get this wrapped up, but I believe this to be important stuff at the moment. [32:25.000 --> 32:34.000] Okay, now the rest of the definition of security interest deals with information out of Chapter 2 or 2A, [32:34.000 --> 32:40.000] with the exception of continuing to refer back to Chapter 9 as a security interest. [32:40.000 --> 32:44.000] Then we have the very last sentence of that definition, [32:44.000 --> 32:48.000] whether a transaction in the form of a lease creates a security interest [32:48.000 --> 32:52.000] is determined pursuant to Section 1.203. [32:52.000 --> 32:57.000] Now for the moment, we're going to pursue or presume that we're not dealing with a lease option. [32:57.000 --> 33:01.000] We're dealing with automobiles that we own. [33:01.000 --> 33:08.000] So, since this is talking about that we have to get a promissory note that is subject to Chapter 9, [33:08.000 --> 33:11.000] we need to know what's in Chapter 9. [33:11.000 --> 33:19.000] Chapter 9 of the Business and Commerce Code, the UCC, is titled Secured Transactions. [33:19.000 --> 33:31.000] Sub-Chapter A is the Short Title Definitions and General Concepts, Section 9.102 Definitions and Index of Definitions. [33:31.000 --> 33:37.000] A, in this chapter, Number 10 Definitions, Certificate of Title. [33:37.000 --> 33:45.000] Certificate of Title means a certificate of title with respect to which a statute provides for the security interest in question [33:45.000 --> 33:52.000] to be indicated on the certificate as a condition or result of security interest obtaining priority [33:52.000 --> 33:58.000] over the rights of a lien creditor with respect to the collateral. [33:58.000 --> 34:05.000] 12, collateral means the property subject to a security interest or agricultural lien. [34:05.000 --> 34:10.000] The term includes A, proceeds to which a security interest attaches. [34:10.000 --> 34:17.000] B, accounts, chattel paper, payment, intangibles, and promissory notes that have been sold, [34:17.000 --> 34:23.000] and C, goods that are the subject of a consignment. [34:23.000 --> 34:32.000] Now, the first question is, is your car being consigned to you by the bank while there's a lien on it? [34:32.000 --> 34:47.000] Okay? Number 47, instrument. Instrument means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation. [34:47.000 --> 34:57.000] It is not itself a security agreement or lease, and is a type of a type that an ordinary course of business is transferred by delivery [34:57.000 --> 35:07.000] to any necessary endorsement or assignment. The term does not include, one, investment property, two, letters of credit, [35:07.000 --> 35:13.000] three, writings that evidence a right to payment arising out of the use of a credit or charge card, [35:13.000 --> 35:21.000] or information contained on or for use with the card, or four, non-negotiable certificates of deposit. [35:21.000 --> 35:32.000] Number 52, lien creditor. Means A, a creditor that has acquired a lien on the property involved by attachment, levy, or the like. [35:32.000 --> 35:37.000] B, an assignee for benefit of creditors from the time of assignment. [35:37.000 --> 35:47.000] C, a trustee in bankruptcy from the date of the filing of the petition, or D, a receiver in equity from the time of appointment. [35:47.000 --> 35:57.000] 73, secured party means A, a person in whose favor a security interest is created or provided for under a security agreement, [35:57.000 --> 36:01.000] whether or not any obligation to be secured is outstanding. [36:01.000 --> 36:05.000] B, a person that holds an agricultural lien. [36:05.000 --> 36:07.000] C, a consigner. [36:07.000 --> 36:13.000] D, a person to which accounts, chattel, paper, payment, and tangibles and promissory notes have been sold. [36:13.000 --> 36:25.000] E, a trustee in denture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for. [36:25.000 --> 36:45.000] Or F, a person that holds a security interest arising under Section 2.401, 2.505, 2.711C, 2A.508E, 4.210, or 5.118. [36:45.000 --> 36:49.000] Definition 74, security agreement. [36:49.000 --> 36:54.000] Means an agreement that creates or provides for a security interest. [36:54.000 --> 37:04.000] Alright folks, there you have all the necessary definitions to see what a certificate of title actually does. [37:04.000 --> 37:13.000] The certificate of title does not grant the possessor ownership rights to the car. [37:13.000 --> 37:27.000] It simply denotes who holds the higher priority on the encumbered property in reference to any liens against said property. [37:27.000 --> 37:29.000] That's all it does. [37:29.000 --> 37:37.000] It does not transfer ownership interest in the property at all. [37:37.000 --> 37:49.000] It simply records who has the highest priority right to the property while there is a lien in existence. [37:49.000 --> 37:51.000] Got it? [37:51.000 --> 38:04.000] So the question becomes, what document actually grants ownership rights rather than legal title like the certificate of title does? [38:04.000 --> 38:08.000] And remember, I've read you the definition of legal title before. [38:08.000 --> 38:23.000] Legal title gives the legal impression of all the rights of ownership, but none of the actual rights of ownership dealing with disposition of the property. [38:23.000 --> 38:31.000] The certificate of title may give you a right of possession, but it does not give you a right of ownership. [38:31.000 --> 38:38.000] If it did, the ownership right would be superior to the lien right. [38:38.000 --> 38:40.000] It would have to be. [38:40.000 --> 38:47.000] You could not be the owner if there was a lien. [38:47.000 --> 38:49.000] Understand that? [38:49.000 --> 38:58.000] The moment you put any piece of property under a lien, someone else has a legal claim to it. [38:58.000 --> 39:06.000] You are no longer the true owner until that lien is gotten rid of. [39:06.000 --> 39:18.000] Someone else has a viable security interest and ownership and possessory interest in the property. [39:18.000 --> 39:21.000] Now think about that. [39:21.000 --> 39:31.000] If that is the case, how can a certificate of title create a right of ownership? [39:31.000 --> 39:32.000] It can't. [39:32.000 --> 39:43.000] It lists more than one individual or agency or corporation with a claim to the same piece of property. [39:43.000 --> 39:48.000] Nobody actually owns it. [39:48.000 --> 39:51.000] Not yet. [39:51.000 --> 39:59.000] So this creates a significant problem, but the problem does not belong to you and me. [39:59.000 --> 40:04.000] It belongs to the state and the political subdivisions of the state. [40:04.000 --> 40:17.000] 501.004A clearly mandates that when it says this title applies to motor vehicles owned by the state or political subdivisions of the state. [40:17.000 --> 40:22.000] You could not ask for the language to be any clearer than that. [40:22.000 --> 40:41.000] There is no nothing, no conveyance of any kind in this entire chapter that is designated as being required to have the certificate of title if it's not owned by the state or political subdivision of the state. [40:41.000 --> 40:51.000] Again, another perfect example of where the law is being used to literally steal your property. [40:51.000 --> 41:00.000] When a certificate of title is issued for that property and the state seizes the MSO or MCO, that is a taking people. [41:00.000 --> 41:15.000] They have taken your private property, assumed ownership for public use, even though you're actually using it, if the state owns it, what is the presumption here? [41:15.000 --> 41:23.000] If a private individual has access to it and it's owned by the state, then it must be up for public use. [41:23.000 --> 41:31.000] So the question becomes, how can you report your car stolen? You don't own the thing. [41:31.000 --> 41:39.000] The state would have to claim the car is stolen if somebody walked into your driveway, hot-wired it and took off. [41:39.000 --> 41:43.000] Think about that for a second. [41:43.000 --> 41:59.000] They have created literally a spaghetti bowl worth of garbage and intricate knot tying in who actually has a rightful claim to this property known as an automobile, [41:59.000 --> 42:09.000] by illegally converting the automobile into a motor vehicle without your consent or knowledge. [42:09.000 --> 42:19.000] That's fraud. It's conversion. It's unconstitutional on its face. [42:19.000 --> 42:29.000] Yet the car dealers are the ones that are doing it to you because they don't read, they simply obey. [42:29.000 --> 42:40.000] When they sell you a car and you have to get a lien on it, who should be holding the certificate of title? [42:40.000 --> 42:45.000] That would work the way it is now except the state's the one that has to issue it. [42:45.000 --> 42:58.000] What should be happening is the state should be holding the original MSO or MCO as a third-party, disinterested individual agency or whatever. [42:58.000 --> 43:02.000] Their job simply being hold the paper. [43:02.000 --> 43:17.000] Once the lien is done or it's defaulted on and one of the two parties makes an actual possessory ownership claim of the property and proves it up, [43:17.000 --> 43:22.000] then return the actual ownership papers to them. [43:22.000 --> 43:25.000] But that's not what they're doing. [43:25.000 --> 43:34.000] The moment the certificate of title is issued, the law written the way it is says the state is the only one that needs that document. [43:34.000 --> 43:37.000] So the state is making the presumption of ownership. [43:37.000 --> 43:44.000] Alright, that'll wrap this up. Jim, Mark, I will get you guys on the other side of the break. Thank you so much for holding. [43:44.000 --> 43:48.000] This is Rule of Law Radio. I am Eddie Craig with Deborah Stevens, Randy Kelton. [43:48.000 --> 43:55.000] 512-646-1984 is the call-in number. We'll be right back after the break. [44:19.000 --> 44:22.000] If you don't have a lawyer, know what you should do for yourself. [44:22.000 --> 44:27.000] Thousands have won with our step-by-step course, and now you can too. [44:27.000 --> 44:33.000] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:33.000 --> 44:42.000] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [44:42.000 --> 44:51.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more. [44:51.000 --> 45:13.000] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [45:22.000 --> 45:28.000] The only witness the government produced to place McVeigh at the building that morning, [45:28.000 --> 45:32.000] Dana Bradley, who lost her children and one of her legs in the bombing, [45:32.000 --> 45:39.000] testified that she saw McVeigh with another man, the fable John Doe No. 2, exiting the rider truck. [45:39.000 --> 45:44.000] While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, [45:44.000 --> 45:50.000] no less than 226 witnesses placed him with other men in the days before the bombing, [45:50.000 --> 45:57.000] including when he rented the rider truck, and in some cases have positively identified the other perpetrators. [45:57.000 --> 46:01.000] For more information, please visit okcbombingtruth.com. [46:01.000 --> 46:22.000] Hi folks, we are back. This is Rule of Law Radio. I am Eddie Craig. I am the traffic guy tonight, as usual. [46:22.000 --> 46:28.000] Right now we have Jim and Mark on the line, callers. We've got a little over an hour left in the show, [46:28.000 --> 46:33.000] 512-646-1984. Please give us a call and get in line. Don't wait until the last minute, [46:33.000 --> 46:39.000] because we are not running an overtime tonight. Thank you very much. Jim, what can we do for you? [46:39.000 --> 46:52.000] Okay, I recently had a situation occur where my joint tenant in a duplex I live was evicted from the property [46:52.000 --> 47:02.000] and for committing bodily harm to a senior citizen, which is me. He was incarcerated for almost 30 days [47:02.000 --> 47:13.000] and publicly was evicted by the landlord. Which is not you, correct? That's correct. [47:13.000 --> 47:27.000] I was being a good guy to him, and hold on a second. I was being a good guy to him because he had two jobs, [47:27.000 --> 47:34.000] lost one of his jobs because the company went broke or whatever anyway. [47:34.000 --> 47:39.000] Yeah, you've actually called him before. He was actually behind on his rent, not paying it up. [47:39.000 --> 47:50.000] He accosted me and I filed a small claim and my question is on that small claim, [47:50.000 --> 48:03.000] if he doesn't come up against it and just let you go by and I have the small claim against him [48:03.000 --> 48:14.000] and he owns property here in the Travis County area with a galpal and can I get with that small claim? [48:14.000 --> 48:21.000] When I go before the judge, can I have him include that as a lien against that property? [48:21.000 --> 48:27.000] Okay, I'm not sure if I'll follow that. Which case are you wanting to go into the judge and include this with? [48:27.000 --> 48:29.000] What is the issue you're going in for? [48:29.000 --> 48:37.000] Oh, I'm going in on a small claim for a back rent of around just a tad over $7,000. [48:37.000 --> 48:43.000] Okay, and that's the same suit you're referring to or is it a separate suit you're referring to? [48:43.000 --> 48:47.000] I'm just referring to the small claim suit. [48:47.000 --> 48:52.000] Okay, you're only going to get relief about what was requested in the suit. [48:52.000 --> 48:59.000] Okay, so how will that relief come as just a judgment against him [48:59.000 --> 49:03.000] or will he have to be making payments to me or how will that work? [49:03.000 --> 49:09.000] Well, how it would work probably is you will get an order of judgment from the court [49:09.000 --> 49:19.000] at which point once you have that you can then attempt to get payment through monetary means [49:19.000 --> 49:24.000] or you can take the order of the court after X number of days. [49:24.000 --> 49:29.000] I would say at least 30 days, send him a notice of default judgment. [49:29.000 --> 49:33.000] Make sure that you send the information stating how much is owed. [49:33.000 --> 49:37.000] He has 30 days to make good on it. [49:37.000 --> 49:45.000] If you're holding any property that belongs to him that is in excess of that value or less than that value, [49:45.000 --> 49:47.000] that creates a different problem. [49:47.000 --> 49:52.000] So anything you have in your possession that belongs to him in excess of that value, [49:52.000 --> 49:59.000] you can have the sheriff come out and determine whether or not that property has to be auctioned off [49:59.000 --> 50:01.000] or if you're allowed to keep it. [50:01.000 --> 50:07.000] You need to ask the judge that if you're in possession of any property that could satisfy the debt owed [50:07.000 --> 50:12.000] that the other gentleman owns, I would ask the judge to clarify in the order [50:12.000 --> 50:17.000] whether or not you're allowed to maintain that property as your own in payment of the debt [50:17.000 --> 50:23.000] or are you required by any law or judgment of the court to sell the property [50:23.000 --> 50:29.000] and keep only the funds obtained for the sale of that property in payment of the debt. [50:29.000 --> 50:34.000] I'm not co-ownership of that property. [50:34.000 --> 50:36.000] You don't have to be co-owner. [50:36.000 --> 50:37.000] The property is his. [50:37.000 --> 50:38.000] You're suing him. [50:38.000 --> 50:41.000] If you win and get the judgment, he owes you money. [50:41.000 --> 50:49.000] If you are in possession of property that he owns that would satisfy the money owed you, [50:49.000 --> 50:54.000] then you need the court to tell you what the appropriate action related to that property is. [50:54.000 --> 51:02.000] Can you keep it in its current state and satisfy the debt or are you required to sell it [51:02.000 --> 51:10.000] and you can only use whatever money is spent on buying that property as payment for the debt? [51:10.000 --> 51:12.000] Well, I don't want to buy the property. [51:12.000 --> 51:13.000] I just want the $7,000. [51:13.000 --> 51:14.000] No, no. [51:14.000 --> 51:17.000] Someone else buys the property at auction, not you. [51:17.000 --> 51:18.000] Okay. [51:18.000 --> 51:28.000] Now, he owns that property co-ownership with a lady and so she's got her name on it. [51:28.000 --> 51:30.000] What property are we talking about here? [51:30.000 --> 51:33.000] I'm talking about anything he left in your immediate possession in the apartment. [51:33.000 --> 51:35.000] He left nothing in my possession. [51:35.000 --> 51:42.000] Okay, and the only thing you can do is go against him and once you have that order, [51:42.000 --> 51:49.000] you can place a judgment lien against his ownership share of that property, [51:49.000 --> 51:53.000] which means neither of them can sell it till that lien is satisfied. [51:53.000 --> 51:56.000] Okay, so I could actually put a lien against that property. [51:56.000 --> 51:57.000] Yes. [51:57.000 --> 52:01.000] But you have to have that lien established by a court. [52:01.000 --> 52:02.000] Right. [52:02.000 --> 52:08.000] So when I go and stand before the judge, then I need to point to the judge. [52:08.000 --> 52:17.000] You'll have your judgment order in hand from your lawsuit and the judge should base his lien order on that judgment. [52:17.000 --> 52:18.000] Okay. [52:18.000 --> 52:26.000] Okay, well, definitely when I go before the judge, I will request a lien against that property. [52:26.000 --> 52:27.000] Okay. [52:27.000 --> 52:29.000] Thank you very much. [52:29.000 --> 52:31.000] You're very welcome. [52:31.000 --> 52:32.000] All right. [52:32.000 --> 52:37.000] Now we're going to go to Mark in Washington, and then we'll go to John in Texas. [52:37.000 --> 52:39.000] All right, Mark, what can we do for you? [52:39.000 --> 52:41.000] Good evening. [52:41.000 --> 52:46.000] I was on the 28th of October. [52:46.000 --> 52:52.000] I drove out here close to another little small town called Lakewood, [52:52.000 --> 52:56.000] and I just picked up and I knew it right at the moment. [52:56.000 --> 53:04.000] I went by one of those little yellow flashing camera photo enforcement programs. [53:04.000 --> 53:08.000] And right at the last minute, I was going 30 miles an hour. [53:08.000 --> 53:10.000] Now this thing says I was going 33. [53:10.000 --> 53:16.000] One thing I've noticed about a lot of these side of the road radar things, [53:16.000 --> 53:20.000] they always say you're going a little faster than you are. [53:20.000 --> 53:27.000] And so anyway, I caught this thing out of my eye and I rolled past it at 30. [53:27.000 --> 53:34.000] And I got my speed down within 20 to 30 feet, probably, but down to 20. [53:34.000 --> 53:37.000] But it took me by surprise. [53:37.000 --> 53:40.000] Anyway, I was going the speed limit anyway. [53:40.000 --> 53:49.000] And so my question is, oh, and one other thing, they've got Plan B on this thing where you can say that [53:49.000 --> 53:57.000] it sold the vehicle or it was a rental vehicle or you weren't driving the vehicle. [53:57.000 --> 54:03.000] It says print actual driver slash or new owner's name. [54:03.000 --> 54:07.000] Now I was just looking at that and thinking of what you were just talking about, [54:07.000 --> 54:10.000] about who actually owns the car. [54:10.000 --> 54:13.000] And I wonder if there's any, if that can be used. [54:13.000 --> 54:15.000] But I want to get out of this thing. [54:15.000 --> 54:17.000] This thing's $132. [54:17.000 --> 54:19.000] Is this a red light ticket? [54:19.000 --> 54:20.000] No. [54:20.000 --> 54:22.000] Or is this a speed ticket? [54:22.000 --> 54:27.000] It's a speeding ticket in a school zone. [54:27.000 --> 54:28.000] Okay. [54:28.000 --> 54:30.000] And you're in Washington state? [54:30.000 --> 54:31.000] Yeah. [54:31.000 --> 54:35.000] Have you looked up the revised Washington code? [54:35.000 --> 54:45.000] Well, they haven't listed here on the ticket that it's, where is it? [54:45.000 --> 55:06.000] RCW 46.61.440 and L.M.C10.04 that the person registered as owner of the vehicle was operating the vehicle at the time of the infraction. [55:06.000 --> 55:07.000] No, I haven't looked it up yet. [55:07.000 --> 55:09.000] I just got it in the mail today. [55:09.000 --> 55:10.000] Okay. [55:10.000 --> 55:19.000] Are these people seriously asking you to put testimony against yourself on the citation? [55:19.000 --> 55:26.000] Well, they're just saying that this vehicle was... [55:26.000 --> 55:27.000] Wait, wait, wait. [55:27.000 --> 55:29.000] You're not answering my question. [55:29.000 --> 55:38.000] Does the citation say, tell me who was in the car? [55:38.000 --> 55:48.000] They say that it's assumed the vehicle registered in your name was photographed speeding in a school zone. [55:48.000 --> 55:54.000] So they're assuming that I, the owner, was driving it. [55:54.000 --> 56:01.000] That's a pretty flimsy way to make an assumption when it comes to that, isn't it? [56:01.000 --> 56:04.000] What is their evidence? [56:04.000 --> 56:07.000] What do you mean, no? [56:07.000 --> 56:14.000] Can they charge the car with a crime? [56:14.000 --> 56:19.000] Can they charge your car with a crime? [56:19.000 --> 56:20.000] No. [56:20.000 --> 56:21.000] No, they can't. [56:21.000 --> 56:26.000] Who can they charge? [56:26.000 --> 56:28.000] I don't think they can charge anybody. [56:28.000 --> 56:33.000] Not without proof of who anybody is. [56:33.000 --> 56:38.000] They are on the citation asking you to admit you're the guilty party. [56:38.000 --> 56:44.000] That sounds like I'm being asked to violate my Fifth Amendment protections to me. [56:44.000 --> 56:45.000] Right. [56:45.000 --> 56:53.000] So that means I've got to list that on there and say, I didn't do this and I'm not going to, you know... [56:53.000 --> 56:54.000] No, just right. [56:54.000 --> 56:58.000] Just put on their Fifth Amendment taken. [56:58.000 --> 57:00.000] No further notice action required. [57:00.000 --> 57:02.000] Send it back. [57:02.000 --> 57:11.000] And check probably the box that says the person named in the infraction was not the driver. [57:11.000 --> 57:13.000] Don't check anything. [57:13.000 --> 57:18.000] Write what I just told you to write on the face of the ticket. [57:18.000 --> 57:20.000] Could you say that one more time? [57:20.000 --> 57:23.000] Fifth Amendment rights invoked. [57:23.000 --> 57:26.000] No further action required. [57:26.000 --> 57:29.000] Okay. [57:29.000 --> 57:34.000] Now make a photocopy front and back of every piece of that citation. [57:34.000 --> 57:39.000] The envelope it came in and anything else that came with it. [57:39.000 --> 57:43.000] Then send that citation back to these people. [57:43.000 --> 57:53.000] Now, if they attempt to take you to court, they've already admitted they don't know who the driver was. [57:53.000 --> 57:56.000] Okay. [57:56.000 --> 58:06.000] Because they don't know who the driver was, now they're trying to convict you on an assumption. [58:06.000 --> 58:07.000] Right. [58:07.000 --> 58:08.000] Okay. [58:08.000 --> 58:09.000] Okay. [58:09.000 --> 58:11.000] So Fifth Amendment right invoked. [58:11.000 --> 58:14.000] No further action needed. [58:14.000 --> 58:15.000] Required. [58:15.000 --> 58:16.000] Yeah. [58:16.000 --> 58:18.000] Required. [58:18.000 --> 58:21.000] Either one of those works. [58:21.000 --> 58:22.000] Okay. [58:22.000 --> 58:23.000] All right. [58:23.000 --> 58:24.000] Hey. [58:24.000 --> 58:28.000] Okay, we're going to break, so hang on just a second, Mark, and we'll pick you up on the other side. [58:28.000 --> 58:29.000] Okay? [58:29.000 --> 58:30.000] Okay, thank you. [58:30.000 --> 58:31.000] All right. [58:31.000 --> 58:33.000] All right, folks, this is Rule of Law Radio. [58:33.000 --> 58:36.000] This is our Monday night traffic show. [58:36.000 --> 58:39.000] This is Eddie Craig with Deborah Stevens, Randy Kelton. [58:39.000 --> 58:43.000] Call in number is 512-646-1984. [58:43.000 --> 58:47.000] We've only got one other caller after Mark, so, folks, please give us a call. [58:47.000 --> 58:50.000] We're going to be sitting there listening to me talk some more. [58:50.000 --> 58:57.000] We'll be right back after this break. [59:20.000 --> 59:27.000] We'll be right back. [59:50.000 --> 59:57.000] We'll be right back. [01:00:20.000 --> 01:00:30.000] We'll be right back. [01:00:50.000 --> 01:01:00.000] We'll be right back. [01:01:20.000 --> 01:01:27.000] We'll be right back. [01:01:50.000 --> 01:02:18.000] We'll be right back. [01:02:18.000 --> 01:02:44.000] We'll be right back. [01:02:44.000 --> 01:02:59.000] We'll be right back. [01:02:59.000 --> 01:03:27.000] We'll be right back. [01:03:27.000 --> 01:03:40.000] It's all according to the will of the Almighty. [01:03:40.000 --> 01:03:42.000] All right, folks, we are back. [01:03:42.000 --> 01:03:44.000] This is Rule of Law Radio. [01:03:44.000 --> 01:03:47.000] Right now we are talking to Mark in Washington. [01:03:47.000 --> 01:03:51.000] The call in number is 512-646-1984. [01:03:51.000 --> 01:03:54.000] We do have a few other callers on the board now, at least one other. [01:03:54.000 --> 01:03:58.000] Mark is coming up after Mark, but, folks, give us a call. [01:03:58.000 --> 01:04:00.000] Don't leave us hanging out here until the end of the show. [01:04:00.000 --> 01:04:02.000] We've got about an hour left. [01:04:02.000 --> 01:04:04.000] All right, Mark, let's see if we can wrap you up here. [01:04:04.000 --> 01:04:06.000] What else did you have? [01:04:06.000 --> 01:04:09.000] Okay, that's about it, and I think that's a very, very good thing, [01:04:09.000 --> 01:04:14.000] and you've seen other people do that very same remedy, huh? [01:04:14.000 --> 01:04:17.000] Nope, but it's a common sense remedy, isn't it? [01:04:17.000 --> 01:04:19.000] Yeah, it is, yeah. [01:04:19.000 --> 01:04:26.000] It sure is. So I should probably write the Fifth Amendment right [01:04:26.000 --> 01:04:30.000] invoked on another sheet of paper and copy everything else [01:04:30.000 --> 01:04:32.000] and send it all back to him. [01:04:32.000 --> 01:04:35.000] I would write it across the face of the citation [01:04:35.000 --> 01:04:38.000] and then make a photocopy of it with that on it. [01:04:38.000 --> 01:04:41.000] Oh, okay, all right. [01:04:41.000 --> 01:04:42.000] All right, good enough. [01:04:42.000 --> 01:04:44.000] I really appreciate it. [01:04:44.000 --> 01:04:48.000] And hey, good job the other day having Alex call you. [01:04:48.000 --> 01:04:50.000] Oh, well, thank you. [01:04:50.000 --> 01:04:52.000] Glad he actually listens to us here. [01:04:52.000 --> 01:04:55.000] That's a big boost for us as far as other people knowing [01:04:55.000 --> 01:04:58.000] that Alex Jones actually listens to us from time to time. [01:04:58.000 --> 01:05:00.000] Absolutely, yeah. [01:05:00.000 --> 01:05:05.000] He's got a big audience, and that'll boost your ratings. [01:05:05.000 --> 01:05:07.000] Well, we're certainly hoping so. [01:05:07.000 --> 01:05:09.000] I'm still waiting to hear back from his folks [01:05:09.000 --> 01:05:11.000] to see when they would like me to come over [01:05:11.000 --> 01:05:13.000] and be on the show, but right now, [01:05:13.000 --> 01:05:15.000] I got this one to worry about, [01:05:15.000 --> 01:05:17.000] so I'm gonna hang in there and get that done. [01:05:17.000 --> 01:05:20.000] I appreciate that because you're very highly knowledgeable [01:05:20.000 --> 01:05:23.000] and you do a great job. [01:05:23.000 --> 01:05:25.000] Thank you so much for being here. [01:05:25.000 --> 01:05:26.000] Thank you, Mark. Appreciate you. [01:05:26.000 --> 01:05:27.000] Okay, bye. [01:05:27.000 --> 01:05:28.000] Bye-bye. [01:05:28.000 --> 01:05:31.000] All right, now we're gonna go to John in Texas. [01:05:31.000 --> 01:05:33.000] John, what can we do for you? [01:05:33.000 --> 01:05:35.000] Hello, Eddie. [01:05:35.000 --> 01:05:39.000] Eddie, first question I got is regarding bar grievances, sir. [01:05:39.000 --> 01:05:41.000] Uh-huh. [01:05:41.000 --> 01:05:43.000] I'm curious. [01:05:43.000 --> 01:05:46.000] I checked with the files of bar grievances [01:05:46.000 --> 01:05:49.000] and, like you said, they always come back and fail. [01:05:49.000 --> 01:05:52.000] They found nothing wrong with what that attorney did. [01:05:52.000 --> 01:05:56.000] Now, I understand that they get filed, [01:05:56.000 --> 01:06:00.000] either as an inquiry or as I think it's a complaint. [01:06:00.000 --> 01:06:04.000] The more serious ones, they think they file as a complaint [01:06:04.000 --> 01:06:09.000] and the other ones are ones where they blow off or inquire. [01:06:09.000 --> 01:06:14.000] Is it your understanding that actually the inquiry also hurts them [01:06:14.000 --> 01:06:16.000] almost just as bad? [01:06:16.000 --> 01:06:18.000] Once it goes in, [01:06:18.000 --> 01:06:22.000] the insurance agency has no idea whether or not [01:06:22.000 --> 01:06:27.000] it was converted to an inquiry or a complaint internally at the bar [01:06:27.000 --> 01:06:33.000] because those deliberations and information on the exchange of the grievance, [01:06:33.000 --> 01:06:37.000] the bar says it keeps confidential. [01:06:37.000 --> 01:06:40.000] So if it's kept confidential, [01:06:40.000 --> 01:06:43.000] then the insurance company that covers these guys [01:06:43.000 --> 01:06:48.000] doesn't know what status it was converted to one way or the other. [01:06:48.000 --> 01:06:50.000] Okay. [01:06:50.000 --> 01:06:53.000] So, like you said, uh, we can... [01:06:53.000 --> 01:06:56.000] Of course, I have yet to ever see a lawyer stay confidential [01:06:56.000 --> 01:06:59.000] or with his mouth shut in his hands out of other people's pockets. [01:06:59.000 --> 01:07:02.000] So take that for what it's worth, too. [01:07:02.000 --> 01:07:04.000] Right, right. [01:07:04.000 --> 01:07:08.000] So when you say, like, bar grievance at 30 for partners here on the wrong side, [01:07:08.000 --> 01:07:12.000] I mean, any bar grievance is going to harm them. [01:07:12.000 --> 01:07:14.000] Yes. [01:07:14.000 --> 01:07:18.000] But I always try to make sure that I cite specific violations [01:07:18.000 --> 01:07:24.000] of the judicial ethics, judicial conduct, professional ethics, [01:07:24.000 --> 01:07:29.000] as well as any particular state laws violated by that attorney. [01:07:29.000 --> 01:07:31.000] I see. Okay. [01:07:31.000 --> 01:07:35.000] That just helps the grievance process. [01:07:35.000 --> 01:07:37.000] Yes. [01:07:37.000 --> 01:07:39.000] Next question. [01:07:39.000 --> 01:07:42.000] Judicial misconduct can be claimed. [01:07:42.000 --> 01:07:45.000] Does that have somewhat similar impact? [01:07:45.000 --> 01:07:48.000] That goes to a different agency altogether. [01:07:48.000 --> 01:07:50.000] Okay. [01:07:50.000 --> 01:07:53.000] I cannot say for a fact that it has the same impact [01:07:53.000 --> 01:07:57.000] because those judges don't have to carry a separate bond [01:07:57.000 --> 01:08:01.000] or insurance of their own like the attorneys do. [01:08:01.000 --> 01:08:04.000] The judges are covered by whoever they work for. [01:08:04.000 --> 01:08:08.000] There is no such thing as an independent judge. [01:08:08.000 --> 01:08:11.000] There are independent attorneys. [01:08:11.000 --> 01:08:13.000] I see. [01:08:13.000 --> 01:08:15.000] Okay. [01:08:15.000 --> 01:08:17.000] Good enough. [01:08:17.000 --> 01:08:24.000] Just want to give you some feedback, Eddie, on a traffic ticket that's finding a while back [01:08:24.000 --> 01:08:27.000] and out here in Bandera County. [01:08:27.000 --> 01:08:33.000] And I went and bought a few tickets and never gone to trial. [01:08:33.000 --> 01:08:37.000] These guys dug their heels in and we went to trial. [01:08:37.000 --> 01:08:40.000] I did my best but I was found guilty anyway. [01:08:40.000 --> 01:08:43.000] But of course it was thrown out on appeal. [01:08:43.000 --> 01:08:45.000] What was the offense? [01:08:45.000 --> 01:08:52.000] I want to let you know it was a simple 78-70 movie violation. [01:08:52.000 --> 01:09:00.000] But on appeal, of course, I filed a criminal complaint against the constable [01:09:00.000 --> 01:09:03.000] who issued the citation. [01:09:03.000 --> 01:09:08.000] And it was promptly dropped after that. [01:09:08.000 --> 01:09:14.000] And of course it amended the court record and a few other things as I was going to get on the court. [01:09:14.000 --> 01:09:22.000] I just wanted to say that I had your seminar course prior to that [01:09:22.000 --> 01:09:28.000] and I'd been listening to the program for probably about a year or maybe a little over. [01:09:28.000 --> 01:09:34.000] But what really helped me was attending the seminars there on Sunday. [01:09:34.000 --> 01:09:43.000] That really made the big difference with regard to the next level with you guys. [01:09:43.000 --> 01:09:48.000] Yeah, the seminar itself does not deal at all with the court system. [01:09:48.000 --> 01:09:52.000] The seminar deals with basically teaching somebody how to read, research, [01:09:52.000 --> 01:09:56.000] and understand the structure of a statute or a code. [01:09:56.000 --> 01:10:02.000] How to read it, research it, find out what it actually says and means. [01:10:02.000 --> 01:10:04.000] That's what the seminar material does. [01:10:04.000 --> 01:10:11.000] We just use the transportation code for that purpose because it's a code that everybody's involved in, [01:10:11.000 --> 01:10:13.000] whether they know it or not. [01:10:13.000 --> 01:10:16.000] And they need to know how they've been sucked into it. [01:10:16.000 --> 01:10:22.000] So I chose that code because it relates to a direct personal freedom requirement I have. [01:10:22.000 --> 01:10:26.000] Leave me alone. [01:10:26.000 --> 01:10:29.000] So that being said, you're correct. [01:10:29.000 --> 01:10:35.000] The seminars on Sunday, the classes, is what teaches you how to deal with the courts in this area, [01:10:35.000 --> 01:10:37.000] not the traffic seminar itself. [01:10:37.000 --> 01:10:47.000] Though all of the documents that we use in the court process are included as a part of that seminar package. [01:10:47.000 --> 01:10:54.000] But without the Sunday training, then you need to figure out how to use them on your own is the way it works. [01:10:54.000 --> 01:11:02.000] Or you can get with me on a private conference basis and we can work out, [01:11:02.000 --> 01:11:06.000] okay, here's what you need to file, here's why you file it, here's why you read it, [01:11:06.000 --> 01:11:08.000] here's what you need to understand about it. [01:11:08.000 --> 01:11:13.000] And get actual personal consultation for a small fee for that. [01:11:13.000 --> 01:11:19.000] Announce the silver an hour, folks, if you're wondering, and get that part done if you need to do that in private [01:11:19.000 --> 01:11:22.000] because you can't attend the classes. [01:11:22.000 --> 01:11:28.000] Now, you said that the citation you were charged under was for speeding, correct? [01:11:28.000 --> 01:11:29.000] That's correct. [01:11:29.000 --> 01:11:35.000] Okay, let me offer up something for all the audience out there if you're dealing with a speeding ticket. [01:11:35.000 --> 01:11:43.000] No matter what, at the end of your trial, stand up, tell the judge, [01:11:43.000 --> 01:11:48.000] I moved the court for a directed verdict in favor of the defense. [01:11:48.000 --> 01:11:53.000] The state has failed to prove its case as required. [01:11:53.000 --> 01:11:55.000] Make that statement. [01:11:55.000 --> 01:12:02.000] Now, for those of you that don't understand why, go back and read the complaint that was used against you. [01:12:02.000 --> 01:12:08.000] On that complaint, you will see the following phrase, [01:12:08.000 --> 01:12:14.000] at a speed other than was reasonable and prudent. [01:12:14.000 --> 01:12:23.000] That phrase is out of the actual transportation code 545.351. [01:12:23.000 --> 01:12:35.000] In that section, we have the issue of it stating there very clearly that the speed reasonable and prudent [01:12:35.000 --> 01:12:42.000] can only be proven to be false or true if it was other than reasonable and prudent. [01:12:42.000 --> 01:12:55.000] If the state proves, one, you failed to take into consideration any vehicle on or entering the highway in compliance with law, [01:12:55.000 --> 01:13:03.000] two, other dangers or obstacles that would cause you to lose control of the automobile, [01:13:03.000 --> 01:13:16.000] three, damaged persons or property, they never ever prove that element at trial. [01:13:16.000 --> 01:13:27.000] They never once produce a single piece of evidence proving that your speed was neither reasonable nor prudent. [01:13:27.000 --> 01:13:37.000] By demonstrating, you lost control of the car resulting in damage to persons or property. [01:13:37.000 --> 01:13:40.000] They never prove it. [01:13:40.000 --> 01:13:42.000] It's never even mentioned. [01:13:42.000 --> 01:13:49.000] Therefore, you are entitled to that directed verdict. [01:13:49.000 --> 01:13:57.000] My recommendation is, if you have a speeding case, you always take a written motion to court with you, [01:13:57.000 --> 01:14:00.000] especially if it's a court of no record. [01:14:00.000 --> 01:14:07.000] And at the end of it, you stand up, take the written motion, hold it in your hand and make that statement to the judge [01:14:07.000 --> 01:14:15.000] and follow up with, defense has a written motion and order for the court to sign granting the motion for directed verdict. [01:14:15.000 --> 01:14:25.000] File that motion right there in court at the end of your trial and dare the judge not to sign it. [01:14:25.000 --> 01:14:30.000] We do that right after the state rest. [01:14:30.000 --> 01:14:33.000] When the state rest, they're done. [01:14:33.000 --> 01:14:36.000] From that point, they have nowhere to go. [01:14:36.000 --> 01:14:38.000] They can't come back and start again. [01:14:38.000 --> 01:14:41.000] You move for directed verdict. [01:14:41.000 --> 01:14:47.000] I see. [01:14:47.000 --> 01:14:58.000] One final question, Eddie, with regards to complaints that you filed a complaint against an attorney through the attorney general. [01:14:58.000 --> 01:15:02.000] Do those generally ever go anywhere? [01:15:02.000 --> 01:15:06.000] When you file a complaint against the attorney general? [01:15:06.000 --> 01:15:09.000] No, against an attorney with the attorney general. [01:15:09.000 --> 01:15:12.000] That's not who a complaint goes to. [01:15:12.000 --> 01:15:15.000] It goes to the bar. [01:15:15.000 --> 01:15:17.000] I see. [01:15:17.000 --> 01:15:18.000] Okay. [01:15:18.000 --> 01:15:23.000] Even if they're engaged in some sort of flaky business practices. [01:15:23.000 --> 01:15:30.000] If they're incorporated, you can petition the AG to revoke their corporate charter, [01:15:30.000 --> 01:15:34.000] but that's not going after the individual attorney. [01:15:34.000 --> 01:15:35.000] Okay. [01:15:35.000 --> 01:15:39.000] So just bar grieve, bar grieve, and bar grieve. [01:15:39.000 --> 01:15:42.000] That's it. [01:15:42.000 --> 01:15:44.000] Okay. [01:15:44.000 --> 01:15:46.000] All right. [01:15:46.000 --> 01:15:50.000] Well, Eddie, I hope to, again, hope to hear on Alex Jones. [01:15:50.000 --> 01:15:52.000] I know that that's going to be a big boost for the show. [01:15:52.000 --> 01:15:54.000] I think that's what you really need. [01:15:54.000 --> 01:15:55.000] Well, I appreciate that. [01:15:55.000 --> 01:15:58.000] Hopefully we'll get that going in hand real soon. [01:15:58.000 --> 01:15:59.000] All right, sir. [01:15:59.000 --> 01:16:00.000] God bless you. [01:16:00.000 --> 01:16:01.000] Thank you, John. [01:16:01.000 --> 01:16:02.000] You too. [01:16:02.000 --> 01:16:03.000] You have a good night. [01:16:03.000 --> 01:16:06.000] And thanks for calling in. [01:16:06.000 --> 01:16:07.000] All right. [01:16:07.000 --> 01:16:10.000] Now we're going to go to Matt and Texas. [01:16:10.000 --> 01:16:11.000] All right. [01:16:11.000 --> 01:16:12.000] Let's see. [01:16:12.000 --> 01:16:14.000] Matt, what can we do for you? [01:16:14.000 --> 01:16:17.000] Eddie, a couple things. [01:16:17.000 --> 01:16:28.000] First of all, would you restate the statement that you made related to the directed verdict? [01:16:28.000 --> 01:16:33.000] I moved the court for a directed verdict in favor of the defense. [01:16:33.000 --> 01:16:37.000] The state has failed to prove its case in its entirety. [01:16:37.000 --> 01:16:38.000] Okay. [01:16:38.000 --> 01:16:39.000] Okay. [01:16:39.000 --> 01:16:44.000] And then I guess I'll just wait until the next statement to ask the next question. [01:16:44.000 --> 01:16:45.000] All right. [01:16:45.000 --> 01:16:46.000] Hang on, Matt. [01:16:46.000 --> 01:16:47.000] We'll get you on the other side here. [01:16:47.000 --> 01:16:48.000] All right, folks. [01:16:48.000 --> 01:16:50.000] This is Rule of Law Radio. [01:16:50.000 --> 01:16:53.000] I am Eddie Craig with Deborah Stevens, Randy Kelton. [01:16:53.000 --> 01:16:58.000] This is the Monday Night Travel Show, 512-646-1984. [01:16:58.000 --> 01:17:01.000] We'll be right back. [01:17:01.000 --> 01:17:05.000] Capital Corn and Bullion is a family-owned and operated business that has helped many [01:17:05.000 --> 01:17:07.000] families and friends in protecting their assets. [01:17:07.000 --> 01:17:10.000] And we would like to do the same for you. [01:17:10.000 --> 01:17:16.000] In addition to coins and bullion, we now offer Patriot Saves, ammunition, Berkey water products, [01:17:16.000 --> 01:17:22.000] gift certificates, wristbands, and our new Silver Pool, a new way to guarantee silver [01:17:22.000 --> 01:17:24.000] repaying at a locked price. [01:17:24.000 --> 01:17:27.000] We can even help you set up a metals IRA account. [01:17:27.000 --> 01:17:32.000] Call us at 512-646-640 for more details. [01:17:32.000 --> 01:17:38.000] As always, we buy, sell, and trade precious metals and cater to those with all sizes of [01:17:38.000 --> 01:17:39.000] coin collections. [01:17:39.000 --> 01:17:46.000] We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canaan, next [01:17:46.000 --> 01:17:49.000] to the Ikiban Sushi and the Genie Car Wash. [01:17:49.000 --> 01:17:53.000] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5. [01:17:53.000 --> 01:18:00.000] Visit us at CapitalCornandBullion.com or call 512-646-640. [01:18:00.000 --> 01:18:05.000] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so [01:18:05.000 --> 01:18:09.000] easy, and neither is finding like-minded people to share it with. [01:18:09.000 --> 01:18:12.000] Oh, well, I guess you haven't heard of Brave New Books, then. [01:18:12.000 --> 01:18:13.000] Brave New Books? [01:18:13.000 --> 01:18:14.000] Yes. [01:18:14.000 --> 01:18:18.000] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, [01:18:18.000 --> 01:18:20.000] Ron Paul, Angie Edward Griffin. [01:18:20.000 --> 01:18:24.000] They even stock inner food, Berkey products, and Calvin Soaps. [01:18:24.000 --> 01:18:26.000] There's no way a place like that exists. [01:18:26.000 --> 01:18:28.000] Go check it out for yourself. [01:18:28.000 --> 01:18:32.000] It's downtown at 1904 Guadalupe Street, just south of UT. [01:18:32.000 --> 01:18:33.000] Oh, by UT? [01:18:33.000 --> 01:18:36.000] There's never anywhere to park down there. [01:18:36.000 --> 01:18:41.000] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [01:18:41.000 --> 01:18:43.000] facility just behind the bookstore. [01:18:43.000 --> 01:18:47.000] It does exist, but when are they open? [01:18:47.000 --> 01:18:52.000] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. [01:18:52.000 --> 01:18:59.000] So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [01:18:59.000 --> 01:19:06.000] All right, folks, we are back. [01:19:06.000 --> 01:19:15.000] This is rule-of-law radio. [01:19:15.000 --> 01:19:21.000] Calling number is 512-646-1984. [01:19:21.000 --> 01:19:24.000] Right now, we are talking to Matt in Texas. [01:19:24.000 --> 01:19:26.000] All right, Matt, go ahead. [01:19:26.000 --> 01:19:31.000] So the next question that I had was related to the information on diamond. [01:19:31.000 --> 01:19:39.000] And I know what the Texas Constitution says about the requirement for information on diamond, [01:19:39.000 --> 01:19:43.000] giving the court jurisdiction in all criminal cases. [01:19:43.000 --> 01:19:49.000] And there's no exception in specifying with relation to a misdemeanor. [01:19:49.000 --> 01:19:59.000] Now, I wondered, and I thought you said that that issue has not been brought up in appeals court yet? [01:19:59.000 --> 01:20:02.000] No, I didn't say it hasn't been brought up. [01:20:02.000 --> 01:20:07.000] I've said that they've completely misrepresented what constitutes a charging instrument. [01:20:07.000 --> 01:20:08.000] Okay. [01:20:08.000 --> 01:20:14.000] What they've attempted to do is allow a complaint to serve as a charging instrument. [01:20:14.000 --> 01:20:22.000] The problem is, is there is no statutory requisite for a complaint to serve as a charging instrument, [01:20:22.000 --> 01:20:29.000] nor could such a statute exist because it violates Article 5, Section 12b of the Texas Constitution. [01:20:29.000 --> 01:20:35.000] Now, the other problem presented is by statutory mandate as to the requisites of a complaint, [01:20:35.000 --> 01:20:43.000] a complaint is not required to list all of the things required to be proved at trial. [01:20:43.000 --> 01:20:47.000] An indictment or information is. [01:20:47.000 --> 01:20:50.000] Therefore, it is more complete. [01:20:50.000 --> 01:20:54.000] It gives more notice and information to the defendant. [01:20:54.000 --> 01:21:00.000] It actually facilitates due process where a complaint actually denies it [01:21:00.000 --> 01:21:09.000] because no proper notice is given to the accused about everything the state must prove. [01:21:09.000 --> 01:21:12.000] Okay. [01:21:12.000 --> 01:21:15.000] That makes sense to me. [01:21:15.000 --> 01:21:26.000] The next question that I have was, how would you actually go about cross-examining a police officer at a trial? [01:21:26.000 --> 01:21:30.000] What would be the questions that you would ask as a police officer to try and? [01:21:30.000 --> 01:21:32.000] What is the issue? [01:21:32.000 --> 01:21:38.000] I guess, eating and expired registration. [01:21:38.000 --> 01:21:40.000] I wouldn't question the officer. [01:21:40.000 --> 01:21:43.000] You wouldn't even ask him, you wouldn't say anything to him? [01:21:43.000 --> 01:21:44.000] Nope. [01:21:44.000 --> 01:21:45.000] Okay. [01:21:45.000 --> 01:21:49.000] Now, the reason for that is two-fold. [01:21:49.000 --> 01:21:55.000] One, I don't tell people what to say because the next thing you know, they go in there, they try to say it, [01:21:55.000 --> 01:21:59.000] and they don't have enough knowledge to follow through on it. [01:21:59.000 --> 01:22:03.000] They ask one question, they get an answer that leads to another question, [01:22:03.000 --> 01:22:07.000] and they don't have that other question and answer ready. [01:22:07.000 --> 01:22:11.000] That leaves them looking like a fool to the jury. [01:22:11.000 --> 01:22:12.000] Okay. [01:22:12.000 --> 01:22:15.000] We wish to avoid that. [01:22:15.000 --> 01:22:20.000] The difference here is I spent 17 years putting this stuff into me. [01:22:20.000 --> 01:22:23.000] Most people have not done that. [01:22:23.000 --> 01:22:24.000] True. [01:22:24.000 --> 01:22:25.000] Okay. [01:22:25.000 --> 01:22:28.000] So, I know where every piece of this ties together. [01:22:28.000 --> 01:22:33.000] 99.9% of the people in existence do not. [01:22:33.000 --> 01:22:39.000] Therefore, my recommendation is you do not cross-examine the officer. [01:22:39.000 --> 01:22:46.000] Instead, you make them prove on the records you were engaged in transportation. [01:22:46.000 --> 01:22:49.000] That is what they cannot prove. [01:22:49.000 --> 01:22:57.000] Unless, of course, you actually provided them with all the evidence to use against you that said you were. [01:22:57.000 --> 01:22:58.000] Okay. [01:22:58.000 --> 01:23:05.000] That through a friend's traffic ticket today, [01:23:05.000 --> 01:23:15.000] and he kept on objecting to the terms and phrases that are found within the transportation code, [01:23:15.000 --> 01:23:18.000] and that was completely ignored. [01:23:18.000 --> 01:23:19.000] That's okay. [01:23:19.000 --> 01:23:23.000] Remember, you do not go into the trial courts expecting to win. [01:23:23.000 --> 01:23:26.000] To do so is just a dream world. [01:23:26.000 --> 01:23:30.000] They do not care what the law is in these lower courts. [01:23:30.000 --> 01:23:32.000] They're not after justice. [01:23:32.000 --> 01:23:35.000] They're after your money. [01:23:35.000 --> 01:23:41.000] Giving you a fair trial and obeying the law prevents them from getting your money. [01:23:41.000 --> 01:23:44.000] Do you see the conflict of interest here? [01:23:44.000 --> 01:23:45.000] No. [01:23:45.000 --> 01:23:46.000] I get that. [01:23:46.000 --> 01:23:47.000] I mean, I understand that. [01:23:47.000 --> 01:23:48.000] Yeah. [01:23:48.000 --> 01:23:51.000] I'm just making sure everybody else out there listening does as well. [01:23:51.000 --> 01:23:57.000] This is the problem with policing and adjudicating for profit. [01:23:57.000 --> 01:24:01.000] So even, this was in Austin, correct? [01:24:01.000 --> 01:24:02.000] Yep. [01:24:02.000 --> 01:24:05.000] So there was a court reporter present? [01:24:05.000 --> 01:24:06.000] Yep. [01:24:06.000 --> 01:24:07.000] Okay. [01:24:07.000 --> 01:24:10.000] This will go to the court of appeals then. [01:24:10.000 --> 01:24:18.000] The appeals court is where you're going to start seeing this stuff change as long as it was done properly at trial anyway. [01:24:18.000 --> 01:24:19.000] Right. [01:24:19.000 --> 01:24:20.000] Okay. [01:24:20.000 --> 01:24:27.000] The issue with the court, the court reporter is going to charge like 350 bucks, right? [01:24:27.000 --> 01:24:29.000] Well, that's true. [01:24:29.000 --> 01:24:32.000] They're going to charge X number of dollars per page. [01:24:32.000 --> 01:24:49.000] But I'm looking at something to address with the legislature and asking the question of if the court reporter has already been paid by the court or the county or the city or somebody to sit there and take that dictation [01:24:49.000 --> 01:25:04.000] by what authority, now that that's become an official record, by what authority does this court reporter have the gall to privately profit by the resell of that same government record? [01:25:04.000 --> 01:25:12.000] And charge us an extravagant price for it when the city or the state only has to pay 25 dollars? [01:25:12.000 --> 01:25:24.000] Val point, but in terms of getting that to be recognized, would that be a lawsuit or could that be something that would be brought up during the appeal? [01:25:24.000 --> 01:25:37.000] Well, you can always file an affidavit of indigency stating that it would be a financial hardship to have to pay that amount of money for the transcript. [01:25:37.000 --> 01:25:44.000] And if that's the case, then you should be able to get it either at a reduced fee or no fee at all. [01:25:44.000 --> 01:25:50.000] But you have to have a hearing with the court on the indigency part. [01:25:50.000 --> 01:26:00.000] Yeah, so I'm a doctor, but I resent to having to pay for any of this because it's complete injustice. [01:26:00.000 --> 01:26:07.000] Well, here's the way to look at that, okay, and this is what I'm trying to get most of the folks in the class to understand as well. [01:26:07.000 --> 01:26:10.000] There's two ways to look at that money. [01:26:10.000 --> 01:26:20.000] A complete loss because it's an injustice, or two, an investment that will get your foot in the door to come back and sue them for a thousand times that amount later. [01:26:20.000 --> 01:26:28.000] Yeah, I'm with you there. I'm wanting to see this thing through. [01:26:28.000 --> 01:26:31.000] So that's what you have to look at when you're doing this. [01:26:31.000 --> 01:26:44.000] They get away with this because they count on us, one, not knowing the rules, two, not having the money to fight it, three, not having the time to fight it, or four, all of the above. [01:26:44.000 --> 01:27:02.000] Now, how much have you put forward in terms of the lawsuit for suing them in terms of due process violations for like feeding and the other garbage that we're going through there for? [01:27:02.000 --> 01:27:09.000] Well, I addressed that in class this past Sunday, actually, so let me do that now for all of you folks. [01:27:09.000 --> 01:27:14.000] What we go after them for in the lawsuit is a rights violation. [01:27:14.000 --> 01:27:17.000] We do not go after them on the right to travel. [01:27:17.000 --> 01:27:27.000] We do not go after them for anything other than the rights violations they perpetrated by attempting to compel us to participate in commerce. [01:27:27.000 --> 01:27:30.000] That's exactly what they're doing. [01:27:30.000 --> 01:27:34.000] Transportation is commerce. [01:27:34.000 --> 01:27:55.000] They're attempting through force and threat of arms to compel you and I as private individuals to engage in commercial activities so that they can regulate us and take money from us through all these licensees, registrations, fines, and fees, and all the other crap that goes with it. [01:27:55.000 --> 01:27:58.000] That's what they're doing. [01:27:58.000 --> 01:28:01.000] The rights violations here are numerous. [01:28:01.000 --> 01:28:07.000] The crimes they commit through those acts to force the loss of those rights is numerous. [01:28:07.000 --> 01:28:10.000] That's what we go after them to adjudicate. [01:28:10.000 --> 01:28:13.000] How much of that is done? [01:28:13.000 --> 01:28:16.000] I've got someone helping me get that done. [01:28:16.000 --> 01:28:24.000] I have not seen the result of the work thus far, though I do know we are due to get the first one filed really, really soon. [01:28:24.000 --> 01:28:26.000] Okay. [01:28:26.000 --> 01:28:28.000] That's good. [01:28:28.000 --> 01:28:31.000] If you don't have another call, do you have another call? [01:28:31.000 --> 01:28:33.000] I've got several, actually. [01:28:33.000 --> 01:28:36.000] Okay, I'll go ahead and ask you this another time, then. [01:28:36.000 --> 01:28:38.000] Okay, Matt, thanks for calling in. [01:28:38.000 --> 01:28:39.000] Greatly appreciate it. [01:28:39.000 --> 01:28:40.000] Yeah, thanks. [01:28:40.000 --> 01:28:41.000] All right. [01:28:41.000 --> 01:28:45.000] Now we're going to Jared in Texas. [01:28:45.000 --> 01:28:46.000] Oh, okay. [01:28:46.000 --> 01:28:48.000] I'm sorry, Jeff in Michigan. [01:28:48.000 --> 01:28:50.000] Jeff, what can we do for you? [01:28:50.000 --> 01:28:52.000] Hey, Eddie, how you doing? [01:28:52.000 --> 01:28:53.000] All right. [01:28:53.000 --> 01:28:54.000] How are you? [01:28:54.000 --> 01:29:03.000] I wanted to see what you recommend for a traffic, or not a traffic, but a parking violation that I got, for backing into a space. [01:29:03.000 --> 01:29:05.000] For backing into a space. [01:29:05.000 --> 01:29:08.000] What was the alleged violation? [01:29:08.000 --> 01:29:12.000] Backing into a space where they don't allow backing into spaces. [01:29:12.000 --> 01:29:13.000] Really? [01:29:13.000 --> 01:29:16.000] And it's marked as no backing into spaces? [01:29:16.000 --> 01:29:25.000] I was not aware that there was such a rule, but they hit me with a $25 fine, and I didn't want to pay that, so I set up a hearing for this Thursday. [01:29:25.000 --> 01:29:30.000] Did they tell you what alleged statute or ordinance they're charging you under? [01:29:30.000 --> 01:29:34.000] It's an ordinance code violation. [01:29:34.000 --> 01:29:35.000] Okay. [01:29:35.000 --> 01:29:36.000] Hang on. [01:29:36.000 --> 01:29:38.000] Just a second, Jeff, we'll pick this up on the other side. [01:29:38.000 --> 01:29:39.000] All right, folks. [01:29:39.000 --> 01:29:40.000] This is Rule of Law Radio. [01:29:40.000 --> 01:29:44.000] This is Eddie Craig, Deborah Stevens, Randy Kelton. [01:29:44.000 --> 01:29:47.000] We have about a half an hour left in the show. [01:29:47.000 --> 01:29:49.000] We have two other callers on the board. [01:29:49.000 --> 01:29:52.000] Jared Clayton, I see you there, so hang in. [01:29:52.000 --> 01:29:56.000] We'll get Jeff finished up, and hopefully we can get you guys taken care of before we run out of time. [01:29:56.000 --> 01:30:25.000] We'll be right back after the break. [01:30:26.000 --> 01:30:33.000] For more information, please go to OKCBombingTruth.com. [01:30:33.000 --> 01:30:38.000] What would you do if you ran into a pack of wolves on your way home from work? [01:30:38.000 --> 01:30:46.000] I've got your account for an Albrecht, and I'll tell you how one brave 13-year-old boy scared away four big bad wolves right after this. [01:30:46.000 --> 01:30:56.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again, and once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:56.000 --> 01:31:01.000] So protect your rights. Say no to surveillance and keep your information to yourself. [01:31:01.000 --> 01:31:04.000] Privacy, it's worth hanging on to. [01:31:04.000 --> 01:31:11.000] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:31:11.000 --> 01:31:15.000] Start over with StartPage. [01:31:15.000 --> 01:31:20.000] Imagine you're walking down a country road when suddenly you're surrounded by hungry wolves. [01:31:20.000 --> 01:31:23.000] Should you play dead, wave your arms, try and fight? [01:31:23.000 --> 01:31:26.000] Well, I'd probably try to run and turn into dinner. [01:31:26.000 --> 01:31:31.000] But let me tell you what 13-year-old Walter Icrem of Rockestot Norway did. [01:31:31.000 --> 01:31:39.000] When he came face to face with four, count them four big bad wolves on his way home from school, he aimed his cellphone at him and cranked up the volume. [01:31:39.000 --> 01:31:43.000] The phone had been playing hard rock, and the wolves apparently were not fans. [01:31:43.000 --> 01:31:48.000] They cringed and then trotted away, and Walter hightailed at home without a scratch. [01:31:48.000 --> 01:31:52.000] It's another Kid vs. Wolf story, this one with a happy ending. [01:31:52.000 --> 01:31:57.000] But Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:31:57.000 --> 01:32:04.000] We are back with this rule of law radio. [01:32:04.000 --> 01:32:08.000] Okay, we are going to finish up with Jeff in Michigan. [01:32:08.000 --> 01:32:10.000] All right, Jeff, let's continue on. [01:32:10.000 --> 01:32:12.000] You said they're charging you under an ordinance. [01:32:12.000 --> 01:32:14.000] Have you read it? [01:32:14.000 --> 01:32:17.000] Uh, I have, uh, have looked it up. [01:32:17.000 --> 01:32:19.000] I've looked it up. [01:32:19.000 --> 01:32:21.000] I've looked it up. [01:32:21.000 --> 01:32:23.000] I've looked it up. [01:32:23.000 --> 01:32:27.000] Okay, well that part I can't really help you with. [01:32:27.000 --> 01:32:33.000] Uh, in this ordinance, does it say anything about backing into a space? [01:32:33.000 --> 01:32:41.000] And then if it does, how does it identify the spaces where that is not allowed? [01:32:41.000 --> 01:32:47.000] Well, I, after I got the ticket, I went back to the space and then, uh, she said, [01:32:47.000 --> 01:32:53.000] there's a big sign right in front of where I parked this as you can't back into it, [01:32:53.000 --> 01:32:57.000] but I wasn't paying attention, of course, to deal with more important issues. [01:32:57.000 --> 01:32:59.000] Right. [01:32:59.000 --> 01:33:06.000] Okay, well, again, what is the alleged reason for this ordinance? [01:33:06.000 --> 01:33:09.000] Uh, that's, well, that's a good reason. [01:33:09.000 --> 01:33:23.000] I would speculate that, uh, they just, uh, want to make it easier to read license plates for, um, uh, writing citation. [01:33:23.000 --> 01:33:25.000] Well, that may be. [01:33:25.000 --> 01:33:35.000] Uh, and VIN numbers and everything else would be facing into the sidewalk rather than out into the street where the officer would have to go out to write everything down. [01:33:35.000 --> 01:33:39.000] Yeah, this was a municipal parking lot. [01:33:39.000 --> 01:33:42.000] Uh, paid the meter for it and then. [01:33:42.000 --> 01:33:43.000] Ah, okay. [01:33:43.000 --> 01:33:47.000] A municipal parking lot, not a public parking lot. [01:33:47.000 --> 01:33:49.000] Right? [01:33:49.000 --> 01:33:58.000] Uh, well, it's debatable because it's, uh, it's, it's like a parking lot that surrounds a building. [01:33:58.000 --> 01:34:05.000] It's all downtown, so I'm assuming it's municipal, all, you know, with meters and everything. [01:34:05.000 --> 01:34:07.000] Okay. [01:34:07.000 --> 01:34:08.000] All right. [01:34:08.000 --> 01:34:09.000] Uh, well. [01:34:09.000 --> 01:34:12.000] If I had not paid it, it would have been a $15 ticket. [01:34:12.000 --> 01:34:19.000] And, uh, the meter was just fine, but they gave me a $25 for this and a $50 if I don't pay it, uh, within 10 days. [01:34:19.000 --> 01:34:21.000] Talking to the hearing on Thursday. [01:34:21.000 --> 01:34:22.000] Okay. [01:34:22.000 --> 01:34:25.000] Well, do me a favor and keep us posted on how that comes out. [01:34:25.000 --> 01:34:34.000] In the meantime, you heard what I've discussed before about whether or not an ordinance applies to the people versus city employees and contractors. [01:34:34.000 --> 01:34:35.000] Right? [01:34:35.000 --> 01:34:36.000] Exactly. [01:34:36.000 --> 01:34:38.000] And that's, that's one of the things I was going to argue. [01:34:38.000 --> 01:34:45.000] Then you need to be looking at the Michigan constitution and see who is allowed to make law. [01:34:45.000 --> 01:34:52.000] Otherwise, if it's not a law, it's a rule and a rule can only be directory on the people. [01:34:52.000 --> 01:34:57.000] It cannot be compulsory. [01:34:57.000 --> 01:35:00.000] Okay. [01:35:00.000 --> 01:35:02.000] Because it's not, it's not properly legislated law. [01:35:02.000 --> 01:35:05.000] It's just an ordinance doesn't apply. [01:35:05.000 --> 01:35:08.000] Right. [01:35:08.000 --> 01:35:19.000] If your constitution, just like ours specifically requires all laws being acted by the legislature, then an ordinance by all definition cannot be called a law. [01:35:19.000 --> 01:35:25.000] It cannot have the force and effect of a law. [01:35:25.000 --> 01:35:31.000] If it can, then that means that someone other than the legislature can make a law. [01:35:31.000 --> 01:35:32.000] Right? [01:35:32.000 --> 01:35:34.000] Right. [01:35:34.000 --> 01:35:38.000] So what does your constitution say? [01:35:38.000 --> 01:35:41.000] That's where I would look first. [01:35:41.000 --> 01:35:42.000] Okay. [01:35:42.000 --> 01:35:45.000] That's where I thought was my dust argument. [01:35:45.000 --> 01:35:48.000] I'm good at places to start. [01:35:48.000 --> 01:35:49.000] Thanks. [01:35:49.000 --> 01:35:50.000] All right, man. [01:35:50.000 --> 01:35:51.000] Take it easy. [01:35:51.000 --> 01:35:52.000] Thanks for calling in. [01:35:52.000 --> 01:35:53.000] All right. [01:35:53.000 --> 01:35:55.000] Now we're going to go to Jared in Texas. [01:35:55.000 --> 01:35:56.000] Good evening, Jared. [01:35:56.000 --> 01:35:58.000] What can we do for you? [01:35:58.000 --> 01:36:09.000] Well, I just, people suggested that I call into your show because I'm one of the occupied people that got arrested last weekend. [01:36:09.000 --> 01:36:10.000] Okay. [01:36:10.000 --> 01:36:17.000] And I didn't, I really didn't know what, you know, I just, I figured I was just please not guilty because I'm not guilty of anything. [01:36:17.000 --> 01:36:20.000] And I didn't, but what did they charge you with? [01:36:20.000 --> 01:36:21.000] Give you a call. [01:36:21.000 --> 01:36:23.000] What did they charge you with? [01:36:23.000 --> 01:36:25.000] A criminal trespass. [01:36:25.000 --> 01:36:27.000] Criminal trespass. [01:36:27.000 --> 01:36:30.000] Who came and originally warned you not to be on the property? [01:36:30.000 --> 01:36:32.000] No one. [01:36:32.000 --> 01:36:33.000] Exactly. [01:36:33.000 --> 01:36:45.000] The problem is with the criminal trespass statute, the individual being charged has to have already been warned either through verbal or signage, [01:36:45.000 --> 01:36:48.000] not to trespass on the property. [01:36:48.000 --> 01:36:53.000] The problem is, is where you allegedly trespassed is City Hall, right? [01:36:53.000 --> 01:36:54.000] Right, it was City Hall. [01:36:54.000 --> 01:36:57.000] And it was here today because I was just hearing it from people in the crowd. [01:36:57.000 --> 01:36:59.000] I never heard it from any city officials. [01:36:59.000 --> 01:37:00.000] No, I never heard it from the police. [01:37:00.000 --> 01:37:02.000] It was just people in the crowd were saying it. [01:37:02.000 --> 01:37:03.000] And they said get off the steps. [01:37:03.000 --> 01:37:05.000] They didn't take it off the main square. [01:37:05.000 --> 01:37:08.000] They just take it off the big steps to do a power wash. [01:37:08.000 --> 01:37:10.000] And then a lot of people didn't go to jail. [01:37:10.000 --> 01:37:11.000] Why didn't they go to jail? [01:37:11.000 --> 01:37:17.000] Because I know what it was because I was one of the loud talkers, you know, I was talking a lot of smack. [01:37:17.000 --> 01:37:22.000] They considered a lot of smack, you know, and the ones that were the loudest went to jail because a lot of people didn't go to jail. [01:37:22.000 --> 01:37:28.000] Okay, then why are these individuals not going to sue the cops? [01:37:28.000 --> 01:37:31.000] Well, who do you mean? [01:37:31.000 --> 01:37:34.000] Well, you're one of these however many that got arrested. [01:37:34.000 --> 01:37:37.000] Do you plan to sue the cops in the city? [01:37:37.000 --> 01:37:41.000] Well, I don't know if I can afford to sue them, but I'm going to file a complaint. [01:37:41.000 --> 01:37:43.000] At least I'm going to do yes. [01:37:43.000 --> 01:37:44.000] Maybe if I can. [01:37:44.000 --> 01:37:46.000] Who are you going to file a complaint with? [01:37:46.000 --> 01:37:48.000] The same people that did this to you? [01:37:48.000 --> 01:37:50.000] Yeah, I know that's the only problem I don't like. [01:37:50.000 --> 01:37:51.000] I don't know who. [01:37:51.000 --> 01:37:53.000] I mean, what else can I do? [01:37:53.000 --> 01:38:01.000] Well, why don't all of you to get together and pool your money and file a joint lawsuit against them in federal court? [01:38:01.000 --> 01:38:10.000] If you don't have to have a lot of money if there are multiple victims that were all being accosted by the same individuals in the same instance, [01:38:10.000 --> 01:38:12.000] you all have standing to go after them. [01:38:12.000 --> 01:38:21.000] I would look to have a joint or suit put together with all of you named as the accusers in this case, [01:38:21.000 --> 01:38:29.000] the ones that are petitioning for relief against these officers in the city and suing the living daylights out of them. [01:38:29.000 --> 01:38:35.000] It doesn't cost the like $340-something to file a federal lawsuit. [01:38:35.000 --> 01:38:38.000] Hmm, okay. [01:38:38.000 --> 01:38:40.000] I really don't know who I'm going to get ahold of. [01:38:40.000 --> 01:38:42.000] I don't have any numbers with the Occupy Movement. [01:38:42.000 --> 01:38:50.000] I'm really not affiliated with it, except I go down there by myself and protest solo. [01:38:50.000 --> 01:38:56.000] Well, you can just go down there with some contact information and try to talk to everybody that got arrested. [01:38:56.000 --> 01:39:00.000] Just ask, hey, who got arrested on this past few days? [01:39:00.000 --> 01:39:02.000] Who all has been arrested? [01:39:02.000 --> 01:39:04.000] Here, take this contact information. [01:39:04.000 --> 01:39:13.000] Let's get together and talk about banding together to file a lawsuit over this and force them to stop doing it. [01:39:13.000 --> 01:39:14.000] Okay. [01:39:14.000 --> 01:39:25.000] I mean, I'm getting kind of sick and tired myself of our public servants telling the public that they can criminally trespass us for entering a public building. [01:39:25.000 --> 01:39:29.000] I'm getting kind of sick of that aspect of what they think they can do. [01:39:29.000 --> 01:39:31.000] It's our building. [01:39:31.000 --> 01:39:37.000] If anybody is criminally trespassing, it's the public servants who aren't doing the job we're paying them for. [01:39:37.000 --> 01:39:44.000] Not only are they criminally sitting in the building, they're embezzling money from us in the form of a paycheck. [01:39:44.000 --> 01:39:47.000] I agree. [01:39:47.000 --> 01:39:55.000] Well, I have an idea of where to find some of the people because I know the island, a little island across from Sydney Hall. [01:39:55.000 --> 01:40:01.000] The ones that aren't supposed to go back up there for at least a year or two, they're all on the other side still protesting. [01:40:01.000 --> 01:40:05.000] And now that's one of the reasons they're protesting is that they're not allowed over there. [01:40:05.000 --> 01:40:06.000] Wait, wait, wait. [01:40:06.000 --> 01:40:08.000] What do you mean they're not allowed over there? [01:40:08.000 --> 01:40:11.000] Is there a court order prohibiting them? [01:40:11.000 --> 01:40:15.000] Is there a court injunction against them? [01:40:15.000 --> 01:40:20.000] Now, I don't know if it's a direct order or anything, but we were just told. [01:40:20.000 --> 01:40:21.000] Wait a minute. [01:40:21.000 --> 01:40:26.000] Yeah, but the police don't have authority to tell you you can't go here or there. [01:40:26.000 --> 01:40:30.000] I mean, this is a public, like Eddie's saying, this is a public building. [01:40:30.000 --> 01:40:35.000] You can't trespass on public property anyway. [01:40:35.000 --> 01:40:46.000] The only way that they could get you for trespassing on public property realistically is if there was a court order by a judge saying that you cannot go there. [01:40:46.000 --> 01:40:54.000] And now they're just telling people that they can't go there for a year or something that is totally baseless. [01:40:54.000 --> 01:41:00.000] Yeah, no, I agree completely, but they're saying that if we go back on the grounds that we will be arrested. [01:41:00.000 --> 01:41:08.000] Well, then y'all have to either take the risk to get arrested and sue them and sue them anyway. [01:41:08.000 --> 01:41:24.000] Look, people need to start realizing these rogue public servants are completely lawless and out of control and they will not pay attention to anything except a lawsuit. [01:41:24.000 --> 01:41:27.000] That's the only way we're going to change things. [01:41:27.000 --> 01:41:39.000] And so if you guys and girls down there are tired of getting pushed around by the cops and being told that you can't go here and there when the police have no authority to do that, [01:41:39.000 --> 01:41:43.000] y'all are going to have to band together and file a lawsuit against them. [01:41:43.000 --> 01:41:53.000] That's the only way you need to start kicking butt and taking names and not necessarily in that order because you got to get the names first before you file a lawsuit against them. [01:41:53.000 --> 01:41:55.000] Right. [01:41:55.000 --> 01:41:57.000] Well, I'll definitely keep it in mind. [01:41:57.000 --> 01:42:01.000] You know, like I said, I wasn't even going to go down there that night. [01:42:01.000 --> 01:42:07.000] I was originally going to go down to the vampire cop thing that Ted was holding and they weren't there. [01:42:07.000 --> 01:42:09.000] So I ended up walking to the occupier. [01:42:09.000 --> 01:42:15.000] I'm a veteran and an outkeeper and I thought, you know, this is my duty to stay in between the police and the protesters. [01:42:15.000 --> 01:42:21.000] And I probably prevented some people from going to jail, some regular people from going to jail. [01:42:21.000 --> 01:42:26.000] But I don't mind. It's an honor what happened, you know, but I just I think it was wrong and I don't feel like I'm guilty. [01:42:26.000 --> 01:42:29.000] And I was even talking to a neighbor about and he said he went and looked up the statute. [01:42:29.000 --> 01:42:35.000] He said, no, he said by their by their own wording, their legalese that I wasn't trespassing. [01:42:35.000 --> 01:42:39.000] No, you weren't trespassing and and y'all don't even need to hire a lawyer either. [01:42:39.000 --> 01:42:46.000] If y'all just get together and study the law a little bit and get the jurisdictionary course which we sell here, [01:42:46.000 --> 01:42:53.000] it teaches people how to file their own lawsuit in federal court. [01:42:53.000 --> 01:42:54.000] Okay. [01:42:54.000 --> 01:42:56.000] I mean, that's what we do here. [01:42:56.000 --> 01:43:01.000] We try to help people be pro say, which means you do it yourself without an attorney. [01:43:01.000 --> 01:43:05.000] But I mean, certainly there's no no one to file a complaint with. [01:43:05.000 --> 01:43:07.000] I mean, you have to sue them. [01:43:07.000 --> 01:43:09.000] That's the only option. [01:43:09.000 --> 01:43:11.000] And this business about you can't go there. [01:43:11.000 --> 01:43:16.000] I mean, that's just ridiculous unless there is a court order by a judge, [01:43:16.000 --> 01:43:26.000] an injunction against some somebody or some people specifically from entering onto the onto the public property. [01:43:26.000 --> 01:43:30.000] The police can't just tell you that you can't go here and there. [01:43:30.000 --> 01:43:31.000] They're not a parent. [01:43:31.000 --> 01:43:33.000] We're free individuals. [01:43:33.000 --> 01:43:34.000] We're adults. [01:43:34.000 --> 01:43:35.000] I agree. [01:43:35.000 --> 01:43:36.000] All right. [01:43:36.000 --> 01:43:42.000] So y'all need to start taking the names of the police that are telling you that you can't go on the city hall property. [01:43:42.000 --> 01:43:48.000] You need to ask, is there a court order because you've never been served with a court order in such a regard. [01:43:48.000 --> 01:43:55.000] If you just start asking questions politely in that way, you may actually get them to back off because they know that they're wrong. [01:43:55.000 --> 01:43:56.000] Stay right there, Jared. [01:43:56.000 --> 01:43:59.000] We'll be right back. [01:43:59.000 --> 01:44:03.000] Hey, did you hear Ron Paul's announced he's running for president in 2012? [01:44:03.000 --> 01:44:04.000] It is Ron Paul. [01:44:04.000 --> 01:44:07.000] Really? Okay, put down the cell phone for one minute. [01:44:07.000 --> 01:44:10.000] Your friends really don't care about your Twitter updates on what you had for breakfast. [01:44:10.000 --> 01:44:13.000] Oh, but I'd love to make those little smiley faces with punctuation marks. [01:44:13.000 --> 01:44:14.000] Of course you do. [01:44:14.000 --> 01:44:15.000] Now, listen closely. [01:44:15.000 --> 01:44:20.000] You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late. [01:44:20.000 --> 01:44:23.000] They have all of his books and many of the books he talks about. [01:44:23.000 --> 01:44:28.000] They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign. [01:44:28.000 --> 01:44:29.000] Brave New Books? [01:44:29.000 --> 01:44:31.000] Did they have Harry Potter and Twilight? [01:44:31.000 --> 01:44:36.000] No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency. [01:44:36.000 --> 01:44:39.000] Ugh, that sounds like that show in the Discovery Channel. [01:44:39.000 --> 01:44:46.000] Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website BraveNewBooksStore.com. [01:44:46.000 --> 01:44:47.000] What are you doing? [01:44:47.000 --> 01:44:52.000] I'm tweeting all my friends that they should go to BraveNewBooksStore.com or down to the bookstore in person. [01:44:52.000 --> 01:44:53.000] Where's it located? [01:44:53.000 --> 01:44:55.000] 1904 Guadalupe Street. [01:44:55.000 --> 01:44:56.000] There, it's sent. [01:44:56.000 --> 01:44:57.000] I even made a smiley face. [01:44:57.000 --> 01:45:02.000] Great. [01:45:28.000 --> 01:45:30.000] And now you can too. [01:45:30.000 --> 01:45:36.000] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:45:36.000 --> 01:45:45.000] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:45.000 --> 01:45:54.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:54.000 --> 01:46:03.000] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ. [01:46:16.000 --> 01:46:17.000] Okay folks, we are back. [01:46:17.000 --> 01:46:21.000] This is the rule of law, ruleoflawradio.com. [01:46:21.000 --> 01:46:25.000] Okay, Jared, you just heard the ad for Jurisdictionary. [01:46:25.000 --> 01:46:27.000] You can get that off of our website. [01:46:27.000 --> 01:46:33.000] Learn how to do, how to prosecute your own lawsuit in a civil court, namely, especially federal court. [01:46:33.000 --> 01:46:42.000] But Jared, listen, okay, we don't want to be rude to these people because they will just arrest us and make something up on the way to the jail. [01:46:42.000 --> 01:46:46.000] We actually had a police officer call into our show and say that on the air. [01:46:46.000 --> 01:46:55.000] All right, but if they're going to tell you or if they're going to tell people you can't go here for a year, just politely, first off, ask them their name. [01:46:55.000 --> 01:47:05.000] Write it down and say, and sir or ma'am, can you please tell me what is the statute that authorizes you to give me this order? [01:47:05.000 --> 01:47:13.000] Or is there a court order because I have not been served with an order by the judge ordering me that I cannot go on the property? [01:47:13.000 --> 01:47:19.000] I mean, but you guys have to look into what's going on because you say these people were arrested. [01:47:19.000 --> 01:47:28.000] It might have been the condition of their, if they got bailed out or something, it might have been the condition of their bond or their bail that they not step foot on city hall property. [01:47:28.000 --> 01:47:36.000] So you have to look into the case and people have to look into their own cases to make sure that there's not a court order to that regard. [01:47:36.000 --> 01:47:44.000] And if there's not, you just tell the police, I have not been served with a court order prohibiting me from stepping foot on city hall property. [01:47:44.000 --> 01:47:51.000] If you know to the different, then I would appreciate if you show me the paperwork in that regard. [01:47:51.000 --> 01:48:01.000] And just be polite with them when you tell them that and that will let them know that you're not stupid and that you know that they have no authority to tell you such a thing. [01:48:01.000 --> 01:48:06.000] And they may just back down and be like, oh, well, okay, but just don't cause any trouble or something. [01:48:06.000 --> 01:48:09.000] You never know what's going to happen. [01:48:09.000 --> 01:48:23.000] Well, there's a group that's working with the city of Austin right now and they're trying to get that rescinded to completely taken away to where we can go back on the grounds and they're trying to get it to where the charges are just going to be dismissed. [01:48:23.000 --> 01:48:31.000] And APD were acting like thugs basically and Travis County Sheriff's Department, they were upset. [01:48:31.000 --> 01:48:40.000] They're used to getting maybe a couple of people every couple of hours from what I understood and they had to process 40 plus people in within a couple of hours. [01:48:40.000 --> 01:48:42.000] Most of them were very upset. [01:48:42.000 --> 01:48:47.000] So the group that's working with Occupy is trying to work with this. [01:48:47.000 --> 01:48:49.000] They're representing Occupy is trying to work with this. [01:48:49.000 --> 01:48:52.000] Oh, so you guys already have counsel. You already have attorneys? [01:48:52.000 --> 01:48:56.000] Well, no, this is from what I read. I don't know if they're attorneys, but I'm assuming they are. [01:48:56.000 --> 01:49:03.000] Okay, well, then if y'all already have counsel, then we can't really help you because the attorneys are just going to do whatever they're going to do. [01:49:03.000 --> 01:49:14.000] But, you know, the thing is what people need to start realizing is that it's not good enough just to work with these criminals to get the charges dropped against you. [01:49:14.000 --> 01:49:18.000] They violated your rights. They arrested you. [01:49:18.000 --> 01:49:24.000] There was false arrest. It was false imprisonment. You were unlawfully deprived of your liberty. [01:49:24.000 --> 01:49:27.000] That is a big deal. They need to pay. [01:49:27.000 --> 01:49:30.000] They are the ones that are the criminals and need to be punished. [01:49:30.000 --> 01:49:33.000] It's not good enough just that they drop the charges. [01:49:33.000 --> 01:49:36.000] Of course, they're going to drop the charges. The charges are baseless. [01:49:36.000 --> 01:49:44.000] Okay, they are not going to stop this kind of behavior until we sue the living daylights out of them. [01:49:44.000 --> 01:49:53.000] That is all there is to it. And so people really need to understand that just working with them to get the charges dropped is not good enough. [01:49:53.000 --> 01:49:56.000] It's going to keep happening over and over and over again. [01:49:56.000 --> 01:49:59.000] So really, please think about that. [01:49:59.000 --> 01:50:04.000] And like Eddie said, try to get some contact information of other people who are sued. [01:50:04.000 --> 01:50:12.000] And if you guys are the occupied people already have attorneys on the defense side of things, that's fine. [01:50:12.000 --> 01:50:15.000] The defense attorney is going to get the charges dropped. [01:50:15.000 --> 01:50:21.000] But you all need to realize if you want it to stop, if you don't want it to happen again, you've got to sue them. [01:50:21.000 --> 01:50:22.000] Okay, Jared? [01:50:22.000 --> 01:50:24.000] Well, I'll keep telling them. [01:50:24.000 --> 01:50:25.000] Okay, thanks, Jared. [01:50:25.000 --> 01:50:26.000] Okay. [01:50:26.000 --> 01:50:27.000] Okay. [01:50:27.000 --> 01:50:33.000] And get jurisdictionary because you have to stay on top of these defense attorneys and make sure that they're not screwing you. [01:50:33.000 --> 01:50:34.000] All right? [01:50:34.000 --> 01:50:35.000] Okay, I'll check it out. [01:50:35.000 --> 01:50:36.000] Okay, thanks. [01:50:36.000 --> 01:50:37.000] Okay. [01:50:37.000 --> 01:50:40.000] We're going now to Clayton from Texas. [01:50:40.000 --> 01:50:42.000] Clayton, thanks for calling in. [01:50:42.000 --> 01:50:44.000] What is your question or comment for us tonight? [01:50:44.000 --> 01:50:49.000] I just wanted to clarify what he said about the directed verdict earlier. [01:50:49.000 --> 01:50:57.000] Now, you make that motion even after the jury trial has reached the verdict? [01:50:57.000 --> 01:51:02.000] The whole purpose of the directed verdict is before it ever goes to the jury. [01:51:02.000 --> 01:51:09.000] You make the directed verdict motion to the court as soon as the state rests. [01:51:09.000 --> 01:51:13.000] You do not wait for the judge to turn it over to the jury. [01:51:13.000 --> 01:51:16.000] That defeats the purpose of a directed verdict. [01:51:16.000 --> 01:51:26.000] A directed verdict requires the judge to take the decision out of the jury's hands and give an acquittal to the defense. [01:51:26.000 --> 01:51:27.000] All right. [01:51:27.000 --> 01:51:28.000] That's all I just learned to make. [01:51:28.000 --> 01:51:29.000] You get that clarified. [01:51:29.000 --> 01:51:30.000] Okay. [01:51:30.000 --> 01:51:31.000] Thank you. [01:51:31.000 --> 01:51:32.000] Yes, sir. [01:51:32.000 --> 01:51:33.000] Thanks for calling in. [01:51:33.000 --> 01:51:34.000] All right. [01:51:34.000 --> 01:51:36.000] We've got our last caller here. [01:51:36.000 --> 01:51:39.000] Just in time, we hope we can get him answered. [01:51:39.000 --> 01:51:40.000] All right. [01:51:40.000 --> 01:51:42.000] Clint, what can we do for you? [01:51:42.000 --> 01:51:43.000] Hey, guys. [01:51:43.000 --> 01:51:49.000] I just wanted to add on to what Jared told me about his arrest over the weekend. [01:51:49.000 --> 01:51:59.000] One thing that happened to him there at the sheriff's, the county jail, was that all 40 people had to go through a body scanner. [01:51:59.000 --> 01:52:10.000] And I spoke with John Bush, who says it's a pilot program that they're doing that they're having these body scanners there at the county jail, Travis County jail. [01:52:10.000 --> 01:52:22.000] And Jared said, I think he refused, and they made him go through it anyways. [01:52:22.000 --> 01:52:25.000] So just trying to get that out there and let people know that that's what's going on here. [01:52:25.000 --> 01:52:30.000] That's another element of the cause of action, pursuing them for assault. [01:52:30.000 --> 01:52:39.000] What people have to realize again, it's not good enough just to quote unquote work with these people to get the charges dropped or reduced or whatever. [01:52:39.000 --> 01:52:42.000] They committed crimes against us. [01:52:42.000 --> 01:52:49.000] It's called false imprisonment, false arrest, kidnapping, assault. [01:52:49.000 --> 01:52:50.000] All right. [01:52:50.000 --> 01:52:51.000] They need to be prosecuted. [01:52:51.000 --> 01:52:54.000] They need to be sued. [01:52:54.000 --> 01:52:55.000] I agree. [01:52:55.000 --> 01:53:08.000] And one of the attorneys that I know of, I was over at the base camp two or three weeks ago, whenever I was unemployed, I had some time to go over there to be occupied in Austin. [01:53:08.000 --> 01:53:12.000] And one of the attorneys, I think her name is Jennifer Collins. [01:53:12.000 --> 01:53:30.000] And I'm not sure how she's affiliated or what her stance is with the whole thing, but that was one of the attorneys that I know that was representing the people, or at least, I mean, representing the occupiers. [01:53:30.000 --> 01:53:32.000] So I'm not sure what they have going on. [01:53:32.000 --> 01:53:36.000] I know Jared said that he hasn't been contacted with an attorney. [01:53:36.000 --> 01:53:44.000] I think they're just trying to handle it in the background, not directly representing anybody formally. [01:53:44.000 --> 01:53:48.000] Well, and I'm sure that they're mostly just handling from a defense perspective. [01:53:48.000 --> 01:53:53.000] They're not, they're not thinking about suing and going on the offense. [01:53:53.000 --> 01:54:05.000] You know, but Eddie, isn't there a statute that said in Texas, I remember Randy and I have talked about it a few months back that says that they cannot forcibly extract biometric data from you without your permission? [01:54:05.000 --> 01:54:12.000] There's there is actually one dealing with the blood draws that says they cannot do it by force. [01:54:12.000 --> 01:54:20.000] There is another that there's actual court case that says they cannot take your fingerprints because it is your personal property. [01:54:20.000 --> 01:54:26.000] I'm pretty sure illegally irradiate you is covered by some sort of decision. [01:54:26.000 --> 01:54:31.000] Well, I think that and Randy will know the statute when we get him on the air on Thursday. [01:54:31.000 --> 01:54:35.000] I'll throw it off the top of my head, but I know that there is a statute. [01:54:35.000 --> 01:54:42.000] It may be similar to the blood draw one that specifically says biometric data. [01:54:42.000 --> 01:54:44.000] It's not just blood or fingerprints. [01:54:44.000 --> 01:54:46.000] It says biometric data. [01:54:46.000 --> 01:54:50.000] And when you go through a body scanner, that is biometric data. [01:54:50.000 --> 01:55:04.000] In fact, those machines, they can the level of resolution that they can see is a thousand times greater than the human eye can perceive. [01:55:04.000 --> 01:55:05.000] All right. [01:55:05.000 --> 01:55:11.000] It literally captures every square inch of your body as biometric data. [01:55:11.000 --> 01:55:12.000] Okay. [01:55:12.000 --> 01:55:19.000] And so under that particular statute, I'm sorry, I don't know what it is right now, but Randy will, Randy will know when we will talk to him about on Thursday. [01:55:19.000 --> 01:55:23.000] It's not forcibly extract biometric data from you without your permission. [01:55:23.000 --> 01:55:29.000] And going through that body scanner is forcibly extracting biometric data without your permission. [01:55:29.000 --> 01:55:33.000] So that's another element of cause of action. [01:55:33.000 --> 01:55:40.000] So again, we have to sue these people because once they get your biometric data, it's almost impossible to get it back. [01:55:40.000 --> 01:55:48.000] In fact, it's probably too late because with all the fusion centers and everything else, they've already shared it with God knows how many other [01:55:48.000 --> 01:55:54.000] governmental agencies and even international governmental agencies by now. [01:55:54.000 --> 01:55:58.000] So definitely that we have to sue over these sorts of things. [01:55:58.000 --> 01:56:02.000] And the thing is, you don't have standing to sue unless it happened to you. [01:56:02.000 --> 01:56:04.000] I can't sue. [01:56:04.000 --> 01:56:05.000] It didn't happen to me. [01:56:05.000 --> 01:56:06.000] I don't have standing. [01:56:06.000 --> 01:56:10.000] You have to be harmed in order to have standing to sue. [01:56:10.000 --> 01:56:19.000] And so I know it's a pain because you have to learn things and like I was telling Jared, get the jurisdictionary course even if you have an attorney [01:56:19.000 --> 01:56:24.000] because you have to stay on top of your attorney and make sure the attorney is not taking you to the cleaners and selling you down the river [01:56:24.000 --> 01:56:28.000] because most of them will even if you think they're on your side. [01:56:28.000 --> 01:56:29.000] You have to learn the law. [01:56:29.000 --> 01:56:30.000] You have to research. [01:56:30.000 --> 01:56:31.000] You have to study. [01:56:31.000 --> 01:56:36.000] But this is what it takes if we want to get our freedom back. [01:56:36.000 --> 01:56:45.000] If we want to restore our republic, so to speak, and for people down there that are involved with the Occupy movement, y'all are in a perfect position. [01:56:45.000 --> 01:56:49.000] You'll have the perfect opportunity to make some real change. [01:56:49.000 --> 01:56:51.000] That's why you guys are down there, right? [01:56:51.000 --> 01:56:52.000] You want to make some change? [01:56:52.000 --> 01:56:55.000] Well, now you have the chance to make some change. [01:56:55.000 --> 01:57:03.000] You have a prime opportunity that no one else has to sue the living crepola out of these people. [01:57:03.000 --> 01:57:16.000] Yeah, and speaking of learning and knowing the law, Clint, would you recommend that the Sunday classes be participated in by as many people as possible based upon what you're learning from them? [01:57:16.000 --> 01:57:17.000] Absolutely, yeah. [01:57:17.000 --> 01:57:32.000] I mean, people even have an idea of what freedom is, how these regulations, the concept of a victimless crime, they don't have any idea of what even freedom is [01:57:32.000 --> 01:57:39.000] until you get the perspective of just a historical perspective. [01:57:39.000 --> 01:57:53.000] And yeah, we're all conditioned through at birth, and it takes somebody who studies history to know what liberty even is. [01:57:53.000 --> 01:57:57.000] Yeah, or someone is old enough to have been there when it actually existed. [01:57:57.000 --> 01:57:59.000] Right, that's him. [01:57:59.000 --> 01:58:03.000] But yeah, folks, please come out to the Sunday classes. [01:58:03.000 --> 01:58:05.000] We talk about the law. [01:58:05.000 --> 01:58:09.000] We don't talk about, you know, patriot myth and theory. [01:58:09.000 --> 01:58:20.000] We take and we try to evaluate where they may have come from, but we try to stick strictly to the law and the constitution, the state constitution as far as the class is concerned. [01:58:20.000 --> 01:58:25.000] So if you need help with something, two to five on Sundays down at Brave New Books. [01:58:25.000 --> 01:58:30.000] Clint is a regular participant and probably one of the broader people I got down there. [01:58:30.000 --> 01:58:32.000] Thanks for listening to the show. [01:58:32.000 --> 01:58:35.000] This is Eddie Craig, Deborah Stevens, Rule of Law Radio. [01:58:35.000 --> 01:58:39.000] Please listen to us again on Thursday and Friday starting at 8 p.m. [01:58:39.000 --> 01:58:41.000] We hope to see you back. [01:58:41.000 --> 01:59:00.000] Thanks and good night. [01:59:11.000 --> 01:59:18.000] This is Eddie Craig, Deborah Stevens, Rule of Law Radio. [01:59:42.000 --> 01:59:50.000] To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102. [01:59:50.000 --> 02:00:12.000] That's 888-551-0102 or visit us online at bfa.org.