[00:00.000 --> 00:05.440] I just brought to you by the Lowest Star of Lowdown. [00:05.440 --> 00:11.840] Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429 an ounce, [00:11.840 --> 00:20.120] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude [00:20.120 --> 00:29.560] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.00 [00:29.560 --> 00:40.040] an ounce, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a Crypto Coin. [00:44.040 --> 00:51.040] Today in History, the year 1916, the Preparedness Day bombing, a tying suitcase bomb, was detonated [00:51.040 --> 00:56.480] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing [00:56.480 --> 01:03.480] the 10 and injuring 40. [01:03.480 --> 01:08.160] In recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing Hemp into [01:08.160 --> 01:12.800] Texas law back in June, county prosecutors around the state, including Houston, Austin [01:12.800 --> 01:16.800] and San Antonio, have been dropping marijuana possession charges and even refusing to file [01:16.800 --> 01:21.000] new ones, since they are stipulating that they do not have the time or the laboratory [01:21.000 --> 01:23.440] equipment to test the herb for THC. [01:23.440 --> 01:27.160] Margaret Moore, the Travis County District Attorney, announced earlier this month that [01:27.160 --> 01:31.840] she was dismissing 32 felony possession and delivery of marijuana cases because of the [01:31.840 --> 01:32.840] law. [01:32.840 --> 01:36.320] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter [01:36.320 --> 01:40.840] to county district attorneys back on Thursday that marijuana has not been decriminalized [01:40.840 --> 01:47.000] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as [01:47.000 --> 01:49.960] well as other cities too, like the District Attorney. [01:49.960 --> 01:56.080] In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, [01:56.080 --> 02:00.480] will not have an effect on the prosecution of marijuana cases in El Paso. [02:00.480 --> 02:05.480] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender [02:05.480 --> 02:09.480] in Harris County, who stated that, quote, the law is constantly changing on what makes [02:09.480 --> 02:12.200] something illegal based on its chemical makeup. [02:12.200 --> 02:16.080] It's important that if someone is charged with something, the test matches what they're [02:16.080 --> 02:21.280] charged with. [02:21.280 --> 02:26.160] A paper by Tulane University identified a five-and-a-half-inch American pocket shark. [02:26.160 --> 02:31.080] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket [02:31.080 --> 02:36.720] shark ever captured or recorded with the other one being found way back in 1979 in the East [02:36.720 --> 02:38.220] Pacific Ocean. [02:38.220 --> 02:42.520] According to the university paper, the shark secretes a luminous fluid from a gland near [02:42.520 --> 02:48.760] its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the [02:48.760 --> 03:16.760] clove. [03:16.760 --> 03:19.260] This is what happens when you call the cops [03:19.260 --> 03:22.260] You get your rights violated or you all get shot, alright? [03:22.260 --> 03:24.260] I'm sick of people being victimized by criminal cops [03:24.260 --> 03:26.760] Psychopathic predators here arrive in neighborhoods locked [03:26.760 --> 03:29.260] Pick up with pepper spray, mate, cupcakes and glass [03:29.260 --> 03:32.260] They like serial killers acting out subliminal thoughts [03:32.260 --> 03:34.760] Forget what you talk, these cops have got a license to kill [03:34.760 --> 03:37.260] Witness intimidation means that they can use it at will [03:37.260 --> 03:39.760] Cold asylum's means that the pigs will never let out a squill [03:39.760 --> 03:42.260] And if they go to court, they know the judge will make them a deal [03:42.260 --> 03:45.260] For real, that's why they stoppin' me, lockin' me up and stoppin' me [03:45.260 --> 03:47.760] Conversatin' my property, talkin' in my demography [03:47.760 --> 03:50.760] Baking the poor commodities, profitin' off of poverty [03:50.760 --> 03:53.260] Enforcin' policy, supportin' prison economy, yeah [03:53.260 --> 03:55.260] No one makes money when the violence stops [03:55.260 --> 03:57.760] Hatin' brutality's the way to make a criminal profit [03:57.760 --> 04:00.760] Blood in the gutters, how to rich, whether they bread at the top [04:00.760 --> 04:03.260] That's why this is what happens when you call the cops [04:03.260 --> 04:06.260] This is what happens when you call the cops [04:06.260 --> 04:08.760] This is what happens when you call the cops [04:08.760 --> 04:10.760] This is what happens when you call the cops [04:10.760 --> 04:13.760] You get your rights violated or you all get shot [04:13.760 --> 04:16.260] This is what happens when you call the cops [04:16.260 --> 04:18.760] This is what happens when you call the cops [04:18.760 --> 04:21.260] This is what happens when you call the cops [04:21.260 --> 04:24.760] You get your rights violated or you all get shot [04:24.760 --> 04:26.760] Can I order what's your arrangement? [04:26.760 --> 04:29.260] I messed up in the system and these things was trying to murder me [04:29.260 --> 04:31.760] They made me, they tamed me, they trained them to hate me [04:31.760 --> 04:34.760] They graded and tamed me and changed us like slavery [04:34.760 --> 04:37.260] Hands up, face down, left hook right quick [04:37.260 --> 04:39.760] Throw you down, hold you down, pack you with that nice shit [04:39.760 --> 04:42.260] Nice shit, ridein' round, see you with your J-hunk [04:42.260 --> 04:44.760] You'll get sprayed on over Skittles worth of Trayvon [04:44.760 --> 04:47.260] All the people sayin' this is crazy down in Florida [04:47.260 --> 04:49.760] What you sayin' is you playin', it's the same in California [04:49.760 --> 04:52.260] They gangin' like they bangin' and they'll hang you down in Georgia [04:52.260 --> 04:54.760] Frame you in a case for what you say without a lawyer [04:54.760 --> 04:57.760] Swarmin' with no warning, now they soarin' through your residence [04:57.760 --> 05:00.260] Swarmin' with no warning, now they soarin' all the evidence [05:00.260 --> 05:02.760] You better just learn to dodge a box [05:02.760 --> 05:05.260] Cause this is what happens when you call the cops [05:05.260 --> 05:07.760] This is what happens when you call the cops [05:07.760 --> 05:10.760] This is what happens when you call the cops [05:10.760 --> 05:12.760] This is what happens when you call the cops [05:12.760 --> 05:15.760] And you get your rights violated or you all get shot [05:15.760 --> 05:18.760] This is what happens when you call the cops [05:18.760 --> 05:20.760] This is what happens when you call the cops [05:20.760 --> 05:23.260] This is what happens when you call the cops [05:23.260 --> 05:25.760] You get your rights violated or you all get shot [05:25.760 --> 05:28.760] We got a baby in the living room, get the grenades [05:28.760 --> 05:31.260] Pull the pen, throw it in the crib, blow on my way [05:31.260 --> 05:32.760] There's a homeless guy camping here [05:32.760 --> 05:34.760] We're tellin' the pack, when he gets up and starts leavin' [05:34.760 --> 05:36.260] Shoot the bum in the back [05:36.260 --> 05:37.760] This guy rollin' through a stop sign [05:37.760 --> 05:41.260] Let's broach for sale, get some doctors to rape, we'll send him a bill and a mail [05:41.260 --> 05:43.760] We got a black man knocking on a white woman's door [05:43.760 --> 05:46.260] We're ten shots, four and blank, he ain't gonna knock no more [05:46.260 --> 05:48.760] Look, the profits start in the academy [05:48.760 --> 05:51.760] You could die for indoctrinated with a military mentality [05:51.760 --> 05:54.260] With them as the soldiers and us as the people that battle [05:54.260 --> 05:56.760] We're either collateral damage or combat fatality [05:56.760 --> 05:59.760] Even with the reality that it's not gonna stop [05:59.760 --> 06:02.260] Cause this is what happens when you call the cops [06:02.260 --> 06:04.260] This is what happens when you call the cops [06:04.260 --> 06:07.260] Come on, this is what happens when you call the cops [06:07.260 --> 06:09.760] This is what happens happens happens happens happens [06:09.760 --> 06:31.760] What? [06:31.760 --> 06:51.760] It's all according to the will of the Almighty I read his book and he says he cares for the [06:51.760 --> 07:11.760] whole world and he says he cares for the whole world and he says he cares for the whole [07:11.760 --> 07:31.760] world and he says he cares for the whole world and he says he cares for the whole world and [07:31.760 --> 07:57.760] he says he cares for the whole world and he says he cares for the whole world and he says [07:57.760 --> 08:03.760] I did an interview this morning on info wars with David McKnight or David Knight on his show and [08:03.760 --> 08:11.760] it was all about the governor's orders and criminal charges and incarcerations and arrest and all [08:11.760 --> 08:19.760] this other stuff dealing with this COVID crap folks I want to tell you nothing that they have done [08:19.760 --> 08:27.760] is legitimate not one thing the governor's order cannot have the force and effect of law upon [08:27.760 --> 08:35.760] the people of Texas he is not authorized to make law we only gave that power to one body and that [08:35.760 --> 08:42.760] body cannot delegate it and they most certainly cannot delegate it in a way that authorizes one [08:42.760 --> 08:48.760] individual or a handful of individuals to throw the bill of rights under the nearest bus and say [08:48.760 --> 08:58.760] do it our way or no way it just doesn't work that way before I came on the air tonight I walked [08:58.760 --> 09:06.760] almost seven miles in an hour and 45 minutes trying to find some place in my area that is open [09:06.760 --> 09:14.760] and selling food or that will take cash and payment for said food if they are open I could not [09:14.760 --> 09:22.760] find a single place that would that was both they were either open but only for pickup on online orders [09:22.760 --> 09:28.760] where you had to have a credit card or they were for dining but would still only take a credit card [09:28.760 --> 09:38.760] they wouldn't take cash so this is getting absolutely ridiculous in more ways than you can imagine [09:38.760 --> 09:44.760] the things that the government is going to be able to do because of the way they've handled and [09:44.760 --> 09:54.760] mismanaged this is beyond scary absolutely beyond scary let's take a real quick look at the results [09:54.760 --> 10:00.760] of what they've done here just in a summary they have basically turned us into a cashless society [10:00.760 --> 10:06.760] overnight literally overnight no one will take cash everybody wants plastic doesn't matter whether [10:06.760 --> 10:10.760] or not the only thing you have is cash or not and it's the only thing you're going to be able to get [10:10.760 --> 10:16.760] too bad for you doesn't matter if you've got wads of money in your pocket you can't spend it [10:16.760 --> 10:24.760] because no one will take it and if they do take it no one's got change to give you see how this is [10:24.760 --> 10:32.760] working out they have declared that you are a prisoner in your own home whether you want to be [10:32.760 --> 10:38.760] or not whether you've committed a crime or not whether you're wearing an ankle bracelet or not [10:38.760 --> 10:46.760] you see how that works they have declared that you are no longer free to assemble peaceably a symbol [10:46.760 --> 10:52.760] or any other kind of a symbol you have to stay away from each other it's not just social distancing [10:52.760 --> 10:58.760] you can't all go to the same place at the same time anymore you're limited in the number of people [10:58.760 --> 11:04.760] you can go into any place and then you have to wonder about the idiocy of the places you can go into [11:04.760 --> 11:14.760] you can crowd into a liquor store or a Walmart but you can't go into the nearest pizza hut or even [11:14.760 --> 11:22.760] I mean someplace Taco Bell Taco Bell will not let you order even if you walk through the drive-thru [11:22.760 --> 11:30.760] online only and nothing else okay every place within that distance all the way from where I live [11:30.760 --> 11:36.760] all the way down south congress all the way down riverside back over to south first and from south [11:36.760 --> 11:44.760] first all the way back up here there is nobody that will take cash from you and nobody that will [11:44.760 --> 11:52.760] be open to serve you food it's online only okay so it's just been one of those kinds of things [11:52.760 --> 12:02.120] where on top of those violations of just simple everyday order and how things work they're charging [12:02.120 --> 12:07.960] you with criminal conduct for disobeying an order that cannot possibly be law they're enforcing it [12:07.960 --> 12:12.280] as if it is a law which means they're acting without any lawful authority once again they're [12:12.280 --> 12:17.800] violating the constitution the moment they do this the governor violated it when he issued the order [12:17.800 --> 12:22.280] and the executive branch violated it the moment they attempted to enforce that order as if it were [12:22.280 --> 12:29.080] law then you have the courts upholding these orders in some cases as if they are valid law when [12:29.080 --> 12:36.520] they absolutely are not now several states have overturned the edicts of the governor as being [12:36.520 --> 12:42.680] unconstitutional and so far it from what I've seen so far I haven't seen every state that's done it [12:42.680 --> 12:49.400] but the few I have seen every state that's got a democratic governor has had their orders overturned [12:49.400 --> 12:57.080] why because their orders went so far overboard it's not even reasonable to assume it was legitimate [12:57.080 --> 13:06.440] in the first place okay not even close but Texas is just as bad just as bad because they put their [13:06.440 --> 13:14.360] foot on the neck of small business and then started stomping down hard I can't even get a cup of coffee [13:14.360 --> 13:19.720] in the morning at my local coffee shop because they won't take cash and a few times that they [13:19.720 --> 13:26.280] have taken cash has only been the last couple days from what I've seen okay I went weeks with no [13:26.280 --> 13:31.240] coffee of any kind because I couldn't get up there until someone actually went and got me a gift card [13:31.240 --> 13:38.120] because I couldn't even give them cash to get a gift card you see how that's working it's just [13:38.120 --> 13:45.480] utter lunacy it's just as bad as Miss Shelley Luther and Dallas getting arrested and thrown [13:45.480 --> 13:53.160] in jail by that idiotic democrat progressive judge who attempted throw her in jail for contempt [13:53.160 --> 14:01.320] of a court order that on its face was invalid because it was based upon no law whatsoever [14:03.400 --> 14:11.000] now there is new and recent Supreme Court precedent that says very clearly that an invalid law cannot [14:11.000 --> 14:18.760] be enforced and a person cannot be punitively harmed even if they're convicted you cannot hold [14:18.760 --> 14:23.960] such a conviction against them forever or any time past the time it was overturned because the [14:23.960 --> 14:29.560] conviction itself was invalid from the very moment it began because the law itself was invalid that [14:29.560 --> 14:37.480] it was based on so folks you want to put a stop to this stuff you're going to have to go to court [14:37.480 --> 14:41.480] to do it and you're going to have to file for injunctive relief and then you're going to have to [14:41.480 --> 14:49.400] file for an injunctive order ordering the state to cease and desist on any enforcement attempts and [14:49.400 --> 14:53.720] the law you're going to need to do that is the same law that you would need to win a suit for [14:53.720 --> 15:00.440] getting thrown in jail for this crap okay the state constitution prohibits everything they've [15:00.440 --> 15:08.520] done everything they've done we've got penal laws that should wind every one of these people up in [15:08.520 --> 15:15.480] jail because of what they've done 39.02 and 39.03 of the code of criminal procedure or the penal [15:15.480 --> 15:23.000] code okay abuse of official capacity and official oppression for every cop that that did harm to [15:23.000 --> 15:28.600] somebody by arresting them seizing them at their liberty and arresting them on these invalid orders [15:28.600 --> 15:33.880] they're also guilty of aggravated assault and there's a provision in there that says when you [15:33.880 --> 15:39.800] are when aggravated assault is committed by an armed public servant they've committed a felony [15:40.920 --> 15:44.120] no s no ands no buts they've committed a felony [15:48.200 --> 15:53.400] folks when are we going to wake up and realize what is being done to us and who is actually doing it [15:54.120 --> 15:58.920] everybody is screaming to support trump newsflash people he is not helping you [15:58.920 --> 16:06.120] you has that not dawned on you yet i'm going to drain the swamp yet 99% of the people working [16:06.120 --> 16:11.480] for him are the same people that were working under obama why that's not draining the swamp that's [16:11.480 --> 16:19.240] status quo the people he hires to replace them are for the same big companies that obama and [16:19.240 --> 16:25.160] bush and all the rest of them drew from to head your government offices so they could wind up [16:25.160 --> 16:30.680] lining the pockets of themselves and their corporations on the back end everything they [16:30.680 --> 16:36.040] signed into law is meant to help them at a future date because when they're out of government [16:36.040 --> 16:43.000] they're getting rich again at your expense all right folks we're going to take a quick break [16:43.000 --> 16:47.240] five one two six four six nineteen eighty four is a calling number if you want to call and get [16:47.240 --> 16:59.080] the line and make comments or ask questions we will be right back so y'all hang on [17:02.520 --> 17:09.480] it's the 2019 logos radio network annual fundraiser and gun giveaway sponsored by central texas gunworks [17:09.480 --> 17:15.720] go to logosradio network dot com and enter to win any amount is appreciated everything helps to keep [17:15.720 --> 17:21.880] us on the air from central texas gunworks the grand prize up for grabs is a spikes tactical [17:21.880 --> 17:29.240] ar 15 more prizes and sponsors to be announced every $25 donation is a chance to win when you [17:29.240 --> 17:35.720] purchase randy kelton's ebook legal 101 you get four chances to win purchase eddie craig's traffic [17:35.720 --> 17:41.640] seminar and get 10 chances to win if you've enjoyed the shows on logos radio network support our [17:41.640 --> 17:47.800] fundraiser so we can keep bringing you the best quality programming on talk radio today we also [17:47.800 --> 17:54.200] accept bitcoin and other cryptocurrencies and remember every $25 donation is a chance to win [17:54.200 --> 18:01.000] go to logos radio network dot com for details and donate today are you being harassed by debt [18:01.000 --> 18:06.680] collectors with phone calls letters or even losses stop debt collectors now with the michael [18:06.680 --> 18:11.960] mirris proven method michael mirris has won six cases in federal court against debt collectors [18:11.960 --> 18:17.240] and now you can win too you'll get step-by-step instructions in plain english on how to win [18:17.240 --> 18:23.560] in court using federal civil rights statute what to do when contacted by phones mail or court summons [18:23.560 --> 18:28.200] how to answer letters and phone calls how to get debt collectors out of your credit reports [18:28.200 --> 18:34.120] how to turn the financial tables on them and make them pay you to go away the michael mirris proven [18:34.120 --> 18:39.560] method is the solution for how to stop debt collectors personal consultation is available [18:39.560 --> 18:44.840] as well for more information please visit rule of law radio dot com and click on the blue michael [18:44.840 --> 18:51.640] mirris banner or email michael mirris at yahoo dot com that's rule of law radio dot com or email [18:51.640 --> 19:08.120] michael mirris at yahoo dot com to learn how to stop debt collectors next [19:51.800 --> 20:01.320] all right folks we are back this is rule of law radio again the call in number five one two six [20:01.320 --> 20:06.920] four six nineteen eighty four if you want to call in now [20:09.800 --> 20:14.040] if uh let's see i don't know exactly what the website is i have to look at the [20:14.040 --> 20:23.880] link and find out but if uh let's see uh band dot video is where it is it's alex's new site i guess [20:24.680 --> 20:31.560] and if you look at it it it's the uh the david night show on 18 may 20 if you go to the website [20:31.560 --> 20:37.320] and look at it and the interview that i was in uh starts at an hour and 45 minutes so if you want [20:37.320 --> 20:42.040] to go an hour and 45 in the video to watch that you can but the whole video was pretty interesting [20:42.040 --> 20:46.280] because he was talking about a lot of this uh i didn't know what they were going to be asking me [20:46.280 --> 20:52.120] about or talking to me about when they got me on they just asked me to come on and so um i hope [20:52.120 --> 21:00.600] i did a good enough job based upon what i knew off the top of my head but in any case folks [21:02.760 --> 21:09.240] we don't know our law we don't know our constitution we don't act to uphold either [21:09.240 --> 21:14.360] one of them against our public servants who violate them we won't stand together and act [21:14.360 --> 21:19.160] as one we try to stand as individuals and thus we are easy to break or bend [21:21.480 --> 21:33.240] it's this is not how america became america okay it came with a small number yes but that small [21:33.240 --> 21:41.960] number worked together to accomplish the larger goal they were outnumbered they were outgunned [21:41.960 --> 21:51.000] but they would not lay down and quit and enough of them after dealing with the ongoing issues in [21:51.000 --> 21:55.640] the war with the the brits and their fellow colonists betraying them and all that kind of stuff [21:56.200 --> 22:01.960] it kept drawing more people into the cause which didn't increase the number all it did was keep the [22:01.960 --> 22:07.000] numbers at about the same level from all the ones that were dying in the process of fighting for [22:07.000 --> 22:16.920] liberty but the fact of the matter is we can do so much better we have the means to do so much [22:16.920 --> 22:22.280] better we have far better communications we have far better ways to organize what we do [22:22.280 --> 22:26.760] we have far better ways to plan our actions and far better ways to put them into action [22:26.760 --> 22:31.880] and yet we don't get together and do any of that in any numbers that matter [22:34.760 --> 22:42.360] we're impotent because we're alone this this radio network and the shows that are on it [22:42.360 --> 22:49.320] are a single island in the stream rather than a continent which is how everybody in the liberty [22:49.320 --> 22:56.200] movement should be their own continent but we're not we're just a bunch of little floating islands [22:56.200 --> 23:03.640] caught up in a heavy swirl of water with nobody coming out to us because it's too risky the swim [23:03.640 --> 23:10.680] is too treacherous the boat rides too dangerous we're just not going to do it well folks that [23:10.680 --> 23:22.200] is how liberty dies liberty just like crime and wrongdoing by government cannot survive when good [23:22.200 --> 23:31.160] people do nothing the crime will skyrocket when good people will not act to protect themselves [23:31.160 --> 23:37.480] or others crime will skyrocket when good people allow their public service to disarm them so [23:37.480 --> 23:53.080] that they become victims and along with everyone else nothing works when we don't and that's the [23:53.080 --> 23:59.720] way it's always been the freedoms we have in this country are based entirely upon our willingness [23:59.720 --> 24:07.080] to stand up as one and fight for them and that has been indoctrinated out of too many for too [24:07.080 --> 24:14.120] long to such a degree they're no longer willing to understand the entire concept much less take any [24:14.120 --> 24:22.040] action to rectify the problem everyone's afraid everyone's concerned and it can be about a different [24:22.040 --> 24:27.320] number of things how will people think of me how will history take me i don't want to go to jail i [24:27.320 --> 24:32.680] don't want to die i don't want to blah blah blah well folks guess what neither did those who put [24:32.680 --> 24:39.560] everything on the line to make this country great and apart from its oppressors in england [24:41.080 --> 24:51.480] okay they didn't want to but they were willing to want and will don't necessarily mean the same thing [24:53.160 --> 24:57.400] they could have the same results on occasion under the same set of circumstances [24:57.400 --> 25:05.320] but nothing has ever been accomplished by someone who wasn't willing to get it done [25:09.960 --> 25:18.120] the able part generally comes after the fact do you know that most people go into doing something [25:18.120 --> 25:24.360] they believe can be done or should be done based upon the desire to accomplish it not based upon [25:24.360 --> 25:30.280] the fact that they actually know how to do it or what the results going to be with what they do [25:31.640 --> 25:38.360] they just know they have to try they can't live with themselves if they don't try [25:41.400 --> 25:46.280] and that's where i found myself many years ago before i wound up on this radio station talking [25:46.280 --> 25:54.200] to you folks i had had enough i was not going to put up with it anymore i stood my ground and i [25:54.200 --> 26:04.920] fought back it cost me everything to do it and i don't care in regard of i was not going to bend [26:04.920 --> 26:12.680] my knee to a bunch of thugs and cowards who couldn't do anything without a an army behind them i was [26:12.680 --> 26:24.680] not going to quit and i didn't now you can ask me was it worth it well that depends [26:26.200 --> 26:31.720] are you willing to live in shame for the rest of your life for not doing what you know you should [26:31.720 --> 26:39.560] have are you willing to live in more or less abject poverty but be satisfied with knowing [26:39.560 --> 26:45.560] that what you did was right you did it for the right reasons and if justice had prevailed as it [26:45.560 --> 26:57.640] should have you won right or wrong you won because what they did was illegal so unconstitutional it [26:57.640 --> 27:05.480] was absolutely abhorrent but they got away with it i didn't know enough at the time to be any [27:05.480 --> 27:13.080] different than most of you that's not me anymore i was i made up my mind that was never going to [27:13.080 --> 27:22.840] be me again now what's the downside to that well from where i'm sitting in my position the downside [27:22.840 --> 27:31.160] is is i can't turn you guys into me only you can do that i can give you all the knowledge i possess [27:31.160 --> 27:39.400] on any given subject no matter how great or how small and it still depends entirely upon what [27:39.400 --> 27:46.920] you do with it and how well you learn it and how to apply it that makes any difference the knowledge [27:46.920 --> 27:57.080] in and of itself will do nothing for you you have to learn how to apply it i mean if you want a [27:57.080 --> 28:05.160] simple explanation okay you're caught in the middle of the coldest place you can think of [28:05.160 --> 28:14.760] all right it's snowing you've got the know how to make a fire but until you put into practice [28:14.760 --> 28:23.000] the know how you're a danger of freezing to this so it doesn't matter how many different ways you [28:23.000 --> 28:29.880] know how to start a fire does it until you actually sit down and pick one and apply it [28:29.880 --> 28:36.600] and start a fire the end result is going to be exactly the same as not using the knowledge [28:37.800 --> 28:41.800] or not knowing how you're going to freeze to death [28:44.600 --> 28:51.240] law is exactly the same way i can tell you everything i've learned every case to look up [28:51.240 --> 28:57.000] blah blah blah blah blah blah blah blah but what i cannot do is stand up in a courtroom [28:57.000 --> 29:05.640] and say it all for you object for you file your documents for you i can't do those things you [29:05.640 --> 29:11.560] have to do those things because if you think an attorney is going to do those things for you think [29:11.560 --> 29:19.000] again let's take the example um which i'll probably get into after the break because i've [29:19.000 --> 29:24.680] only got a few seconds for the break starts up here but when i get back i want to talk about [29:24.680 --> 29:31.800] these third court of appeals cases again dealing with uh perkins and a couple others on how they [29:31.800 --> 29:36.200] decided the transportation issue just to give you another example of how this plays out when [29:36.200 --> 29:42.280] no one's paying attention so y'all hang on we will be right back five one two six four six [29:42.280 --> 29:50.680] nineteen eighty four if you want to give us a call and get in line i will be right back after the break [30:00.920 --> 30:05.400] thousands of florida motorists convicted of dui may very well have been driving [30:05.400 --> 30:09.960] under the blood alcohol image of dr kathryn albrecht and i'll be back with a tale of [30:09.960 --> 30:16.600] bad breathalysers and a government cover-up in a moment privacy is under attack when you give [30:16.600 --> 30:21.400] up data about yourself you'll never get it back again and once your privacy is gone [30:21.400 --> 30:27.320] you'll find your freedoms will start to vanish too so protect your rights say no to surveillance [30:27.320 --> 30:33.080] and keep your information to yourself privacy it's worth hanging on to this public service [30:33.080 --> 30:38.360] announcement is brought to you by start page dot com the private search engine alternative to google [30:38.360 --> 30:46.760] yahoo and bin start over with start page ever hear the term fine farming it's when cops find [30:46.760 --> 30:51.480] innocent people to bring in revenue and it's apparently big business in the sunshine state of [30:51.480 --> 30:56.760] florida this case involves breathalysers used to convict thousands of florida motorists for [30:56.760 --> 31:02.840] dui violations recently reporters discovered that the devices were improperly calibrated [31:02.840 --> 31:08.200] state officials knew about it for two and a half years but did nothing in fact the head of florida's [31:08.200 --> 31:14.440] breath testing program ordered inspectors not to document the problem a dui conviction can ruin [31:14.440 --> 31:19.800] somebody's life but now that the cover-up has been exposed perhaps florida drivers can breathe a bit [31:19.800 --> 31:25.080] easier i'm dr kathryn albrecht more news and information at kathryn albrecht dot com [31:29.240 --> 31:34.840] this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the [31:34.840 --> 31:40.680] government says that fire brought it down however 1500 architects and engineers concluded it was a [31:40.680 --> 31:45.320] controlled demolition over 6000 my fellow service members have given their lives of thousands of [31:45.320 --> 31:49.720] my fellow first responders of dying i'm not a conspiracy theorist on a structural engineer i'm [31:49.720 --> 31:53.960] a new york city correction officer i'm an air force pilot i'm a father who lost his son we're [31:53.960 --> 32:02.120] americans and we deserve the truth go to rememberbuilding7.org today rule law radio is proud to [32:02.120 --> 32:06.440] offer the rule of law traffic seminar in today's america we live in an us against them society if [32:06.440 --> 32:10.840] we the people are ever going to have a free society and we're going to have to stand and defend our own [32:10.840 --> 32:14.920] rights among those rights are the right to travel freely from place to place the right to act in [32:14.920 --> 32:19.080] our own private capacity and most importantly the right to due process of law traffic courts [32:19.080 --> 32:23.080] afford us the least expensive opportunity to learn how to enforce and preserve our rights [32:23.080 --> 32:27.560] through due process former sheriff's deputy a craig in conjunction with rule of law radio has put [32:27.560 --> 32:31.160] together the most comprehensive teaching tool available that will help you understand what [32:31.160 --> 32:35.800] due process is and how to hold courts to rule law you can get your own copy of this invaluable [32:35.800 --> 32:40.200] material by going to rule law radio dot com and ordering your copy today by ordering now you'll [32:40.200 --> 32:44.760] receive a copy of eddie's book the texas transportation code the law versus the lie video and audio of [32:44.760 --> 32:49.320] the original 2009 seminar hundreds of research documents and further useful resource material [32:49.320 --> 32:53.240] learn how to fight for your rights with the help of this material for rule of law radio dot com [32:53.240 --> 33:01.720] order your copy today and together we can have free society we all want and deserve live free [33:01.720 --> 33:27.320] speech radio logos radio network dot com [33:31.720 --> 33:46.280] all right folks we are back this is rule of law radio the calling number five one two six four [33:46.280 --> 33:52.040] six nineteen eighty four uh just give us a call if you got a question or a comment we're here to [33:52.040 --> 33:57.480] take your calls okay now back to what i was saying on the court cases from the third court of appeals [33:57.480 --> 34:05.080] when the third court of appeals took the actions that did on these opinions that they wrote and [34:05.080 --> 34:11.080] those actions were in violation of the rules of procedure on how statutory interpretation [34:11.080 --> 34:18.920] and law writing is to occur and they use that to rewrite the law to suit an outcome they [34:18.920 --> 34:26.440] desired rather than the one the law itself requires you have an office of government [34:26.440 --> 34:33.320] that has ceased to abide by their oath okay the moment the third court of appeals judges [34:33.320 --> 34:38.200] abandoned the constitution and the laws of the state to get an outcome in a case without the [34:38.200 --> 34:44.680] rule of law they are no longer acting in their official capacities they're not acting as judges [34:44.680 --> 34:50.120] they're acting as individuals decreeing how they want the law to work regardless of what it says [34:50.120 --> 34:56.920] and what the constitution says about how it must work when you have a public official violating [34:56.920 --> 35:05.880] your state constitution that is a crime in the state of texas it is an outright crime there's [35:05.880 --> 35:15.000] no if ands or buts about it it's a crime that's exactly what 39.02 and 39.03 of the penal code [35:15.000 --> 35:20.920] were written for public servants who violate the law or the constitution of the state of texas [35:22.120 --> 35:28.280] see there's a hierarchy that goes with law the federal constitution is the supreme law of the [35:28.280 --> 35:36.200] land as far as its specific parameters go but within the states the supreme law within the [35:36.200 --> 35:41.560] state subordinate only to that federal constitution or is the state constitutions [35:41.560 --> 35:49.000] nothing else within that state can supersede the state constitution or the federal constitution [35:49.000 --> 35:55.080] and what it does and how it does it you have to remember that the federal constitution is the [35:55.080 --> 36:02.520] very lowest rung of the ladder in the forms of protection for individual rights okay it's not [36:02.520 --> 36:13.080] the best armor it's just armor okay as long as the right that you're going on about is one protected [36:13.080 --> 36:18.360] at the federal level by the federal constitution then the federal courts have jurisdiction to [36:18.360 --> 36:25.880] hear an issue however if you cannot show where the federal constitution comes into play in [36:25.880 --> 36:32.920] relation to the right you are going on about having been injured on then your recourse is within the [36:32.920 --> 36:40.200] state constitution and i would go so far as to argue it this way i don't care what rights the [36:40.200 --> 36:47.240] federal constitution protects why because it's the lowest common denominator of protection there is [36:48.120 --> 36:53.800] i care about how my bill of rights and my own state constitutional provisions protect my [36:53.800 --> 37:00.120] individual rights because those will be far higher up on that ladder than what is in the [37:00.120 --> 37:07.800] federal constitution the state constitution's bill of rights is specifically directed at the people [37:07.800 --> 37:14.360] of the state over which it is the law the federal constitution is general law applicable to all the [37:14.360 --> 37:23.400] states and to the federal government but it's at it's low tide okay if you want to know how to [37:23.400 --> 37:29.000] protect yourself you start with your state constitution you argue your case from a state [37:29.000 --> 37:36.120] constitutional perspective then you use the federal constitution to support the position you have [37:36.120 --> 37:43.880] about the right in the state not to take the place of it but to show that even at the federal level [37:43.880 --> 37:49.960] this right is protected from federal intrusion via these cases but here at the state level [37:49.960 --> 37:56.360] the executive or the judicial or the administrative side of things are claiming that they can do [37:56.360 --> 38:00.920] whatever they want to do even though even the feds can't even do it where's the state getting [38:00.920 --> 38:11.640] the idea that it can't make the argument about your state constitution first because within [38:11.640 --> 38:18.120] your state it is the supreme law except in the specific area of the 18 enumerated powers granted [38:18.120 --> 38:29.080] to the united states congress it's that simple folks these attorneys want the federal lawsuits [38:29.080 --> 38:34.200] because they feel they can get you know they can set precedent across the country with it if they [38:34.200 --> 38:39.960] go that high up it sets a message for all of the areas that that particular federal court covers [38:39.960 --> 38:48.360] for instance the fifth district court at the federal level covers louisiana texas and several [38:48.360 --> 38:57.000] other states okay fifth circuit so that's why they want to pursue these cases at the federal level [38:57.000 --> 39:04.680] but the problem is the federal level doesn't protect you nearly as well okay now here is the [39:04.680 --> 39:12.360] part of that that nobody seems to want to put into practice you have the right to sue in both venues [39:12.360 --> 39:18.680] separately and at the same time there's even case president in texas that says that's true [39:19.960 --> 39:25.400] because the liabilities held under the federal constitution do not come into play at the state [39:25.400 --> 39:31.720] level and the liabilities under the state constitution don't come into play at the federal level [39:31.720 --> 39:36.360] therefore you get two bites at the apple if you've got the money to go for it [39:37.320 --> 39:43.000] and if you're doing it yourself that's easier than it is with an attorney when it comes to [39:43.000 --> 39:48.520] how much money it will cost you it's not easy by any means in the way the amount of work that's [39:48.520 --> 39:55.000] involved hence the reason why you have to put in the time and effort to learn how to do this yourself [39:55.000 --> 40:00.360] because no attorney is going to do both of those things they're not going after it in the state [40:00.360 --> 40:03.480] and then going after it in the fed they're going to shoot straight for the fed right off the bat [40:05.160 --> 40:12.520] maximum payout for them minimum work okay they don't care about your rights they care about how [40:12.520 --> 40:21.160] much money they can get out of the case when it's over i've said this many many many many many [40:21.160 --> 40:28.440] times on this shows ever since i've been on it no one will fight harder to protect your rights than [40:28.440 --> 40:39.560] you if you care enough about them and there ladies and gentlemen is one of the biggest problems we [40:39.560 --> 40:51.960] face laziness apathy no willpower no staying power everybody wants to get even but nobody wants to go [40:51.960 --> 41:01.800] into training so that they have a chance of getting even it's like wanting to be an MMA fighter but [41:01.800 --> 41:12.840] you're not willing to get in the ring and take a hit you know what they call that a delusion [41:12.840 --> 41:23.240] when you hold yourself up as being capable of doing something but you do absolutely nothing to [41:23.240 --> 41:32.440] empower yourself to those ends that's delusional people and the thing you have to understand [41:32.440 --> 41:37.000] about that is when you allow one of these public service to do a disservice to you [41:37.000 --> 41:44.760] your and your rights you're allowing them to do a disservice to everyone and everyone's rights [41:47.400 --> 41:50.680] and it doesn't matter which one of us are doing it too it's true of all of us [41:51.400 --> 41:56.360] the diminishment of one person's right is the diminishment of everyone's rights [41:56.360 --> 42:05.000] and why we can't understand that this day and age is absolutely beyond to me [42:07.080 --> 42:15.000] there's absolutely no excuse for it but here we sit day in and day out complaining but doing [42:15.000 --> 42:24.760] nothing and because we're doing nothing you know that's just just the way it plays out it would see [42:24.760 --> 42:34.840] everybody seems to think so okay but what are we going to do how are we going to do it who's going [42:34.840 --> 42:42.280] to do it you know there's only so much one person can carry before they're overloaded [42:44.520 --> 42:49.080] it's quite a job just to bring you guys this information much less to go on the front lines [42:49.080 --> 42:59.800] and do battle on a daily basis i don't get accosted by these people nearly as much as i used to [42:59.800 --> 43:06.120] but when i was i was fighting back i wasn't going quietly i was making it just as hard and expensive [43:06.120 --> 43:14.920] on them as i possibly could and i didn't back down from any of them over anything not once not ever [43:14.920 --> 43:22.360] and i can only hope that the rest of you would feel the same way and be willing to do the same [43:22.360 --> 43:33.080] thing but that may be just me being delusional the point is folks we can't do this from a radio [43:33.080 --> 43:39.560] station any more than you can do it from your armchair at home so something's got to give [43:39.560 --> 43:44.920] it all right we're going to take another break five one two six four six nineteen eighty four [43:44.920 --> 44:01.480] give us a call get in line we will be right back are you the plaintiff or defendant in a [44:01.480 --> 44:08.120] lawsuit win your case without an attorney with jurisdictionary the affordable easy to understand [44:08.120 --> 44:15.960] four cd course that will show you how in 24 hours step by step if you have a lawyer know what your [44:15.960 --> 44:22.040] lawyer should be doing if you don't have a lawyer know what you should do for yourself thousands [44:22.040 --> 44:28.760] have won with our step by step course and now you can too jurisdictionary was created by a licensed [44:28.760 --> 44:35.480] attorney with 22 years of case winning experience even if you're not in a lawsuit you can learn [44:35.480 --> 44:41.800] what everyone should understand about the principles and practices that control our american courts [44:41.800 --> 44:48.040] you'll receive our audio classroom video seminar tutorials forms for civil cases [44:48.040 --> 44:54.840] pro se tactics and much more please visit rule of law radio dot com and click on the banner [44:54.840 --> 45:03.240] are called toll free 866 law easy i love logos without the shows on this network i'd be almost [45:03.240 --> 45:07.720] as ignorant as my friends i'm so addicted to the truth now that there's no going back i need my [45:07.720 --> 45:13.560] truth pick i'd be lost without logos and i really want to help keep this network on the air i'd love [45:13.560 --> 45:17.560] to volunteer as a show producer but i'm a bit of a lot of light and i really don't have any money [45:17.560 --> 45:23.720] to give because i spent it all on supplements how can i help logos well i'm glad you asked [45:23.720 --> 45:29.160] whenever you order anything from amazon you can help logos but ordering your supplies or holiday gifts [45:29.160 --> 45:35.720] first thing you do is clear your cookies now go to logo's radio network dot com click on the amazon [45:35.720 --> 45:42.440] logo and book market now when you order anything from amazon you use that link and logos gets a few [45:42.440 --> 45:49.160] pesos do i pay extra no do you have to do anything different when i order no can i use my amazon prime [45:49.160 --> 45:56.040] no i mean yes wow giving without doing anything or spending any money this is perfect thank you [45:56.040 --> 46:00.040] so much we are welcome happy holidays logos [46:56.040 --> 47:06.040] and [47:15.160 --> 47:18.040] who's superman where are you now [47:18.040 --> 47:26.040] oh [47:36.680 --> 47:43.240] all right folks this is rule of law radio we are back and just to let you know we do appear i just [47:43.240 --> 47:48.600] got noticed that we appear to be having some sort of call in line issue debba's currently working on [47:48.600 --> 47:55.960] that so as soon as i get the okay on that i'll let you guys know so please keep trying if you can't [47:55.960 --> 48:02.440] get in uh and hopefully they'll be back up momentarily so that you can uh that said i appreciate [48:02.440 --> 48:06.760] the folks texting me and calling me and letting me know that that was what was wrong and why i wasn't [48:06.760 --> 48:10.440] getting any callers i just thought i'd gotten really boring in my old age and no one wanted to talk to [48:10.440 --> 48:18.040] me anymore oh well but while we're waiting on all that to reconcile let's go back to where we were [48:18.920 --> 48:25.160] what are you doing i greatly appreciate that you may be financially supporting the network we [48:25.160 --> 48:31.240] couldn't survive here without you but the question is how does that help you other than just keeping [48:31.240 --> 48:37.960] us on the air how does it make you more capable how does it make you able to do what needs to be [48:37.960 --> 48:43.400] done when they come knocking on your door how to fight for yourself for those that you love [48:43.400 --> 48:51.000] what does it teach you how does it help you okay the teaching is great folks but you still got to [48:51.000 --> 48:59.320] get in the practice okay the practical application is important so if nothing else help each other [48:59.320 --> 49:05.160] out get practice writing motions with people set up your own little mock cases where you make arguments [49:05.160 --> 49:10.840] and and object and rebut and all this kind of stuff just like a debate club anything to get in [49:10.840 --> 49:19.000] practice for the way these courts operate the harder you make their job and the better you [49:19.000 --> 49:25.880] do it when you look and act like one of them as far as how you're doing it the less they're going [49:25.880 --> 49:30.920] to be able to deal with you the more likely they're not going to want to deal with you [49:30.920 --> 49:39.400] you see i've got my fair share of detractors out there in the world that think i'm a nut job that [49:39.400 --> 49:43.720] i don't know what i'm talking about that i don't have a clue about any of this and i'm just making [49:43.720 --> 49:48.760] it up as i go let's not even look at the fact that these people have done absolutely zero [49:48.760 --> 49:54.280] research on the things that i've said on the laws that i've told them to read the information i put [49:54.280 --> 49:58.120] up about those laws and the only way they can actually work when you look at them all put [49:58.120 --> 50:03.640] together in the same puzzle let's put all that aside let's just assume that they're willing to [50:03.640 --> 50:10.360] remain stupid for their own reasons okay but that being said what are you going to do with it [50:11.160 --> 50:16.360] if i hadn't taken that information and gotten on this radio show and at the same time put it into [50:16.360 --> 50:21.160] practice when they were coming after me and my business me on traffic tickets all this other [50:21.160 --> 50:27.480] kind of stuff where would i be let me give you the example one of these detractors is reporting [50:27.480 --> 50:32.440] that i lost my case in austin the only case they can find because it's the only one that was in an [50:32.440 --> 50:37.720] actual court of record all the other cases i've ever had were in courts of no record okay the only [50:37.720 --> 50:43.480] ticket i've ever had that was in the jurisdiction of a court of record was here in austin they say [50:43.480 --> 50:48.520] i lost the case but there's a problem they're only looking at the austin municipal court file [50:48.520 --> 50:56.120] they're not looking at the county court at law file or the appeal which i won the county court [50:56.120 --> 51:04.760] at law overturned the municipal court conviction the county court at law told them to conduct new [51:04.760 --> 51:12.600] proceedings for the purpose of making the record accurate and the county court at law ordered the [51:12.600 --> 51:23.880] municipality of austin to pay all the costs of my appeal which they did not do they have yet [51:23.880 --> 51:36.680] to pay me a dime of my appeals cost not one single dime now to my detractors if you think [51:36.680 --> 51:45.240] that the courts know what they're doing you are a bona fide idiot if you think the courts care [51:45.240 --> 51:54.760] about what they're doing you're a double bona fide idiot they will do what they want to do [51:54.760 --> 52:02.280] regardless of what the law or even a higher court orders them to do on top of that let's [52:02.280 --> 52:07.560] look at the case law that you people always go back to to try to say i don't know what i'm talking [52:07.560 --> 52:14.120] about number one it's not based on the laws of texas number two it's not based on any of the [52:14.120 --> 52:20.440] specific laws that i write about on a regular basis that i have made videos about that i have [52:20.440 --> 52:27.640] taught about none of those cases deal with those laws because they're either a completely not in [52:27.640 --> 52:34.920] there anywhere or b they're incomplete because they cherry pick only specific parts of the law [52:34.920 --> 52:41.960] while ignoring other parts that completely alter the correct interpretation which they are not [52:41.960 --> 52:47.960] allowed to do under the rules of statutory construction but it's what they're doing and [52:47.960 --> 52:52.680] yet you would swaddle hook line and sinker everything the court says is if it's somehow [52:52.680 --> 52:57.800] valid automatically when in fact it is exactly the opposite [53:01.560 --> 53:05.960] now how many other cases in this court of record have i helped win [53:05.960 --> 53:15.640] a lot yeah my name is not on any of them okay but behind the scenes my fingerprints are all over [53:15.640 --> 53:27.720] them i had a young lady who was going to trial and being charged okay uh for an offense of uh [53:27.720 --> 53:39.000] road rage okay for an accident where an illegal alien teenager driving an suv drove over the [53:39.000 --> 53:46.120] front of her car by making an illegal turn from the far left lane across her lane at an intersection [53:46.120 --> 53:51.720] and drove right across the front end of her car and broke the axle on her car and she's still [53:51.720 --> 53:57.960] dang near burn the motor up trying to chase him down in a car that had a broken axle and when [53:57.960 --> 54:04.280] she finally got him to stop the girls who were witnesses of the facts of the case all left [54:04.280 --> 54:12.760] the scene of the accident that's a crime in texas people and the teenage driver was not even given [54:12.760 --> 54:21.560] a ticket but the cops tried to charge this young lady with road rage go figure we go [54:21.560 --> 54:27.000] through her case we file all of her paperwork we get everything set up so she can go in and she [54:27.000 --> 54:31.800] can fight this case and she can win we have pictures of the car we have testimony from [54:31.800 --> 54:37.000] witnesses we found video in some of the places that were at the scene of the accident we could [54:37.000 --> 54:44.200] prove everything in her favor we did not submit any of the evidence beforehand all we did was [54:44.200 --> 54:53.160] file paperwork but prior to the paperwork uh i'm sorry prior to her case getting heard [54:54.600 --> 55:01.640] the friday before her case was to be heard that monday she went down to check the record which [55:01.640 --> 55:05.720] is something i taught people to do in my class you always check the record the day before trial [55:05.720 --> 55:10.440] preferably as early in the day as possible well she wasn't able to get to it early in the day for [55:10.440 --> 55:15.880] whatever reason but she managed to get down there about 30 minutes before they closed to look at the [55:15.880 --> 55:26.360] record and what she found was absolutely astonishing the wednesday before that friday completely [55:26.360 --> 55:36.200] unbeknownst to her the city attorney had filed a motion to dismiss the original case and then [55:36.200 --> 55:46.040] turned around and refiled the case in the same time under a new cause number now this was after [55:46.040 --> 55:52.200] she had all of her paperwork in they dismissed the case that friday that wednesday for a case [55:52.200 --> 55:59.240] that was coming that monday they didn't serve her with notice of the dismissal order at all [55:59.240 --> 56:06.840] they didn't give her any notice that the cause numbers had changed why is this important [56:07.640 --> 56:15.240] well that's very simple it's important because the cause number is what links the paperwork [56:15.240 --> 56:22.680] to the case so by doing what they did all of the original motions that she filed would no [56:22.680 --> 56:32.600] longer appear in the new case at all it would be as if she had stood by and done absolutely [56:32.600 --> 56:41.880] nothing to defend herself she called me immediately as soon as she found the dismissal order in the [56:41.880 --> 56:47.160] file and i told her i said okay there's no way to write any of this up in the time we've got so [56:47.160 --> 56:52.920] here's what you do get the clerk to make you copies of all the paperwork we've already filed [56:52.920 --> 56:58.280] in your case under the old cause number line through the old cause number right in the news [56:58.280 --> 57:04.200] cause number and refiled them with the clerk right now while you're doing that i'm going to work on [57:04.200 --> 57:11.240] another motion for you and i need the clerk to give me an email address so i can email it to you [57:11.240 --> 57:16.680] they can print it out or to them they can print it out you can sign it and you can file it and [57:16.680 --> 57:22.840] that motion was directed specifically at calling the criminal court exactly what it was that the [57:22.840 --> 57:27.800] judge and the city attorney were in a criminal conspiracy to deprive her of her right of due [57:27.800 --> 57:33.720] process they had knowingly and willfully failed to give her proper notice they had dismissed [57:33.720 --> 57:39.000] her case without notice they had refiled her case without notice all in an attempt to bury her [57:39.000 --> 57:45.960] uh paperwork from the record and shield them from any criminal wrongdoing [57:48.680 --> 57:52.200] well she filed it we go into court monday morning [57:55.400 --> 58:00.920] and surprise surprise man if you'll come up we've dismissed your case [58:03.160 --> 58:08.120] we didn't even have to object we didn't have to do anything they called her name and said uh uh [58:08.120 --> 58:11.560] we're we're dismissing your case here's your order blah blah blah thank you very much go [58:13.320 --> 58:18.040] because we had made a written record of their criminal conduct and that would have gone to [58:18.040 --> 58:25.800] the court of appeals had she lost and they knew it and they had to get rid of her they could [58:25.800 --> 58:31.640] not take this to trial with any chance of winning on appeal plus suffering some very severe repercussions [58:31.640 --> 58:37.240] for those judges all right folks it looks like the caller board's working so give us a call [58:37.240 --> 58:42.600] 512 646 1984 give us a call get in line we will be right back [58:48.920 --> 58:54.840] the bible remains the most popular book in the world yet countless readers are frustrated because [58:54.840 --> 59:01.000] they struggle to understand it some new translations try to help by simplifying the text but in the [59:01.000 --> 59:08.520] process can compromise the profound meaning of the scripture enter the recovery version first this [59:08.520 --> 59:15.720] new translation is extremely faithful and accurate but the real story is the more than 9 000 explanatory [59:15.720 --> 59:22.360] footnotes difficult and profound passages are opened up in a marvelous way providing an entrance [59:22.360 --> 59:28.120] into the riches of the word beyond which you've ever experienced before bibles for america would [59:28.120 --> 59:33.880] like to give you a free recovery version simply for the asking this comprehensive yet compact [59:33.880 --> 59:44.120] study bible is yours just by calling us toll free at 1 888 551 0102 or by ordering online [59:44.120 --> 59:51.720] at free study bible dot com that's free study bible dot com you are listening to the logos radio [59:51.720 --> 01:00:03.000] network logos radio network dot com the following flash is brought to you by the lone star of low [01:00:03.000 --> 01:00:11.880] downs market for monday the 22nd of july 2019 open with precious metals gold 1429 dollars an ounce [01:00:11.880 --> 01:00:17.640] silver 16 dollars 45 cents an ounce copper two dollars and 75 cents an ounce oil texas crew [01:00:17.640 --> 01:00:23.160] 55 dollars and 63 cents a barrel brand crew 62 dollars and 47 cents a barrel and cryptos in [01:00:23.160 --> 01:00:31.720] order of market cap bitcoin core 10 566 dollars and 52 cents ethereum 227 dollars and 26 cents xrp [01:00:31.720 --> 01:00:38.840] ripple 33 cents light coin 100 dollars and 31 cents and bitcoin cash is at 324 dollars and 10 [01:00:38.840 --> 01:00:50.600] cents a crypto coin history the year 1916 the preparedness day bombing a time suitcase bond [01:00:50.600 --> 01:00:56.360] was detonated on market street in san francisco during the world war one preparedness day parade [01:00:56.360 --> 01:01:06.360] killing 10 and entering 40 history and recent news since governor greg abbott signed house bill [01:01:06.360 --> 01:01:12.040] 1325 legalizing happen to texas law back in june county prosecutors around the state including [01:01:12.040 --> 01:01:16.600] houston austin san antonio have been dropping marijuana possession charges and even refusing [01:01:16.600 --> 01:01:21.160] to file new ones since they are stipulating that they do not have the time or the laboratory [01:01:21.160 --> 01:01:26.360] equipment to test the earth for thc margaret more the travis county district attorney announced [01:01:26.360 --> 01:01:31.320] earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases [01:01:31.320 --> 01:01:35.960] because of the law mr abbott and other state officials including the attorney general stipulated [01:01:35.960 --> 01:01:41.000] in a letter that county district attorneys back on thursday that marijuana has not been decriminalized [01:01:41.000 --> 01:01:47.240] in texas and that these actions demonstrate a misunderstanding of how hb 1325 works as well [01:01:47.240 --> 01:01:54.200] as other cities too like the district attorney in alpaso china esparza a democrat who also stated [01:01:54.200 --> 01:01:59.160] earlier this month that the law quote will not have an effect on the prosecution of marijuana [01:01:59.160 --> 01:02:04.920] cases in alpaso however the issue was succinctly summarized by mr brandon ball and assisted public [01:02:04.920 --> 01:02:09.640] defender in harris county who stated that quote the law is constantly changing on what makes [01:02:09.640 --> 01:02:14.120] something illegal based on its chemical makeup it's important that if someone is charged with [01:02:14.120 --> 01:02:23.480] something the test matches what they're charged with a paper by tulane university identified [01:02:23.480 --> 01:02:28.840] a five and a half inch american pocket shark as the first of its kind in the gulf of mexico [01:02:28.840 --> 01:02:34.360] the specimen being only the second pocket shark ever captured or recorded with the other one [01:02:34.360 --> 01:02:39.640] being found way back in 1979 in the east pacific ocean according to the university paper the [01:02:39.640 --> 01:02:46.360] shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized [01:02:46.360 --> 01:02:54.600] to lure and pray who may be drawn into the glow this is book roadie with your lowdown for july [01:02:54.600 --> 01:03:05.400] 22nd two thousand nineteen make our own whiskey and our own smoke too ain't too many things you [01:03:05.400 --> 01:03:17.320] don't boys can't do the growth good old tomatoes and homemade wine and a country boy can't survive [01:03:17.320 --> 01:03:29.720] country folks can't survive because you can't stop us out and you can't make us run because [01:03:29.720 --> 01:03:40.200] wouldn't more boys raise don't shot guns we say we say ma'am if you ain't into that we don't give us [01:03:40.200 --> 01:03:57.080] damn all right folks we are back this is rule of law radio the call in number five one two six [01:03:57.080 --> 01:04:02.840] four six nineteen eighty four the phone issue seems to have been worked out we don't know how it came [01:04:02.840 --> 01:04:09.720] to be the way it is but it is what it is and now you can call that said we have pat in texas pat what [01:04:09.720 --> 01:04:26.520] can we do for you pat are you there can you hear me i can now all right um the first thing is uh the [01:04:26.520 --> 01:04:35.720] ag texas ag uh office sent some letters out this last week to several of the county judges and [01:04:35.720 --> 01:04:43.960] mayors of major cities telling them that no they cannot do what they're doing the lockdown [01:04:43.960 --> 01:04:51.640] is unconstitutional and has opened up liability for the counties and the cities and for these [01:04:51.640 --> 01:05:00.520] characters themselves so all the orders that they have issued are basically unconstitutional and [01:05:00.520 --> 01:05:10.680] illegal masks are recommended but are not mandatory personal space six feet apart or [01:05:11.320 --> 01:05:17.080] seven or eight feet apart or whatever they want to call it these days is not mandatory these [01:05:17.080 --> 01:05:29.240] are recommendations the lockdown is a recommendation this is from paxton's office and i've got a copy [01:05:29.240 --> 01:05:34.280] of one of them the one that went to wolf the county judge for bear county and the mayor of san [01:05:34.280 --> 01:05:41.080] Antonio and i'll shoot that over to you here in a little bit but on a totally different note [01:05:42.920 --> 01:05:48.040] i've got a personal thing that's going on that i want to touch base with and it's going to touch [01:05:49.080 --> 01:05:57.800] a lot of other people as time goes on i would you know i'm a disabled that yes my father-in-law is [01:05:57.800 --> 01:06:03.800] a disabled that he did 36 years in the army now he's the only one that's ever done that many years [01:06:03.800 --> 01:06:12.760] because it took a congressional approval to do it but he's got i don't know 90% disability right [01:06:12.760 --> 01:06:21.880] now oh 80% my wife tells me anyway that's her dad and he got a letter in a couple letters now [01:06:21.880 --> 01:06:30.200] from the va saying that they are declaring him incompetent all right he's got some issues he's [01:06:30.200 --> 01:06:35.000] got some health issues that are going on he's not the healthiest human being on the planet [01:06:35.800 --> 01:06:40.840] and he's been in and out of the hospital the last two years but without a hearing [01:06:40.840 --> 01:06:51.960] without consulting with the family a doctor in the va has declared my father-in-law incompetent [01:06:51.960 --> 01:07:01.320] and they're going to they the va is going to appoint someone to take over the estate [01:07:03.320 --> 01:07:07.240] a guardian ad litem or lead them i already want to say it [01:07:07.240 --> 01:07:13.960] ad litem ad litem i don't care how you put it but yeah they got a problem he's got a filed [01:07:15.800 --> 01:07:22.680] legal under texas law a medical of power of attorney yeah the federal agencies have no [01:07:22.680 --> 01:07:28.520] authority to intercede in state law over those issues absolutely none thank you thank you now [01:07:28.520 --> 01:07:35.640] there's another problem the federal government does not license a physician nor do they license [01:07:35.640 --> 01:07:43.560] hospitals all the clinics all the hospitals under the va system are state licensed all [01:07:43.560 --> 01:07:51.400] the physicians working in there all the nurses everybody are state licensed they have to abide [01:07:51.400 --> 01:07:59.960] by state law yeah now i was when you were talking earlier about filing for injunctive [01:07:59.960 --> 01:08:07.640] relief and all that i will get back with you offline on all this but you know he's my father-in-law is [01:08:07.640 --> 01:08:16.600] 86 but it tells you how old i am i'm not far off that mark probably older than i care would be [01:08:16.600 --> 01:08:25.720] sometimes but we'll get past that point what's going to happen is this is an increasing problem [01:08:25.720 --> 01:08:33.160] because the texas veterans commission is in bed with the da i've already had a major run in personally [01:08:33.960 --> 01:08:41.320] where the tvc made a recommendation to the da on an appeal has been running for 15 years [01:08:42.520 --> 01:08:53.080] against my wishes my written command to the people at tvc they violated it and i i'm back up [01:08:53.080 --> 01:09:01.240] before the bva on this and the board of veterans appeals one of these years before i die maybe i'll [01:09:01.240 --> 01:09:12.600] get get there but with having been said the whole thing is they want to take the entire estate [01:09:13.880 --> 01:09:20.520] not just his va money but also his military retirement the survivors benefits [01:09:20.520 --> 01:09:29.400] uh fund that he's been paying in since he retired in 89 for my mother-in-law and all his other [01:09:29.400 --> 01:09:36.360] retirements and take the house and put him in a veteran's home the average average [01:09:39.000 --> 01:09:46.520] life expectancy of a of older vet going into one of the veteran's homes is less than five months [01:09:46.520 --> 01:09:52.920] uh which they count on figure this one out say again which they count on [01:09:54.280 --> 01:09:59.800] mm you sing you can say that again now they they they get control of everything in the [01:09:59.800 --> 01:10:05.400] estate and will keep it afterwards uh and the person expires that much sooner to ensure that [01:10:05.400 --> 01:10:12.920] they get it so it's maximum profit for minimum effort yes the problem is this is a joint property [01:10:12.920 --> 01:10:22.200] state number one number two the um power of attorney for financial matters has already [01:10:22.200 --> 01:10:31.160] been filed that's all done as well as for the medical power of attorney putting my mother-in-law [01:10:31.160 --> 01:10:40.040] in his primary my wife is secondary but the other side of it is they my in-laws already have a [01:10:40.040 --> 01:10:49.400] survivability to a survivorship agreement which is in texas law it used to be in uh the family [01:10:49.400 --> 01:10:59.400] code uh not not family code but uh probate probate code now they moved it over to the estate code [01:11:00.600 --> 01:11:06.360] it's we're slightly differently but the old ones are still applicable and uh [01:11:06.360 --> 01:11:14.840] um that puts the surviving spouse taking control of everything no matter what that's texas law [01:11:16.120 --> 01:11:21.560] now where we're going to have to go with this is exactly what you were talking about is asking [01:11:21.560 --> 01:11:25.640] for injunctive relief getting a stay on all of this and everything else they they want to go [01:11:25.640 --> 01:11:34.120] ahead and move in other words the VA sent him a letter he got it today that informs him that [01:11:34.120 --> 01:11:42.920] they were appointing an ad litem for him and they will been contacting sometime this month [01:11:43.640 --> 01:11:49.880] or next and then put him where they want to put him well you might want to also consider [01:11:49.880 --> 01:11:56.520] filing a complaint with the u.s. attorney and doj's offices uh relating to that agency overreach [01:11:58.120 --> 01:12:03.480] well just more is not just agency overreach we've got no i know but you you've got to [01:12:03.480 --> 01:12:08.840] couch it as something and this is oh this is illegal overreach it's unconstitutional overreach [01:12:09.880 --> 01:12:15.880] yeah no i understand it but the tbc the texas veterans commission [01:12:17.960 --> 01:12:23.240] is on here as being his representative he's never signed up with these people [01:12:26.600 --> 01:12:30.680] well then someone's fraudulently creating government documents then [01:12:30.680 --> 01:12:38.920] yeah well that's a whole nother criminal issue well yeah i understand i'm gonna be getting back [01:12:38.920 --> 01:12:45.400] with you as soon as i get more data i've been on the phone for the last few hours with my in-laws [01:12:46.520 --> 01:12:54.120] my father-in-law is fixing to come unglued but you know all that works yeah [01:12:54.120 --> 01:13:00.920] yeah so but just to give you a heads up that it is something that is going to be cropping [01:13:00.920 --> 01:13:08.680] up as we already know that the virus is killing all of the 70 plus year old people in these homes [01:13:08.680 --> 01:13:15.960] yeah no matter what they actually died of that's correct does he have the virus no [01:13:17.720 --> 01:13:23.320] he will on the on the certificate believe me oh yeah you can put anything on that paper [01:13:23.320 --> 01:13:29.880] it's very very patient and will understand everything correct yeah you'll pardon me for [01:13:29.880 --> 01:13:38.200] being a little uptight right now i'm oh no i understand perfectly believe me so well i just [01:13:38.200 --> 01:13:45.640] wanted to put that out to your your audience that they need to be looking at if they do have anything [01:13:45.640 --> 01:13:52.040] that falls back on the federal side like the ba or anything else you got to be real careful but [01:13:52.040 --> 01:14:02.200] those hospitals and the doctors one a doctor is not an attorney cannot make a legal decision for you [01:14:05.800 --> 01:14:10.520] because i've already had a va doctor tell me that the doctors that worked under him [01:14:10.520 --> 01:14:18.440] didn't make medical decisions they made legal decisions that was under compensation and benefits [01:14:18.440 --> 01:14:23.880] but they were there to do a medical examination of them [01:14:26.840 --> 01:14:28.840] i want to know where that is in the hypocritical [01:14:30.840 --> 01:14:33.400] yeah well they just start calling it the hypocritical of [01:14:34.760 --> 01:14:41.400] there you go oh my boss wants to talk to you okay getting off the phone bye [01:14:41.400 --> 01:14:48.920] uh say eddie yes ma'am i can see i can feel for you not being able to find a place to eat [01:14:49.560 --> 01:14:54.680] i don't you know pat does have a debit card but i don't so when i travel i pay cash [01:14:55.880 --> 01:15:01.880] and last week when i was in san antonio i went to one gas station and they had a big sign up you [01:15:01.880 --> 01:15:07.320] cannot go in without a mask on and of course yours truly does not wear the mask my choice [01:15:07.320 --> 01:15:14.200] and so i went to another gas station they had no problems one with me having cash and two me not [01:15:14.200 --> 01:15:20.040] wearing a mask and grocery shopping i ended up going to curvil because i received a shop in [01:15:20.040 --> 01:15:26.440] san antonio because they require you have a mask so i'm paying with my voting with my dollars right [01:15:26.440 --> 01:15:31.960] here yeah and i'm the same way it's just around here there's not a whole lot of options within [01:15:31.960 --> 01:15:37.640] walking distance uh to do those things you you've got to go a lot longer than i had to get somewhere [01:15:37.640 --> 01:15:42.600] that might take it i didn't have enough time to explore every option but the ones in that entire [01:15:42.600 --> 01:15:47.800] seven mile walk you know they uh there was quite a few of them and none of them were cooperative [01:15:50.280 --> 01:15:55.640] well you know uh everything i've been hearing is about a bill that that supposedly starting the [01:15:55.640 --> 01:15:59.720] 10th of june there's going to be a money reset and it's all going to be digital [01:15:59.720 --> 01:16:05.080] well then they are going to have a problem because as long as they're mandating bio [01:16:06.840 --> 01:16:10.200] information and stuff like that in order to have a way to get at that money [01:16:10.200 --> 01:16:14.920] plus it gives them direct access to that money anytime they want it i'm not doing that [01:16:16.600 --> 01:16:22.360] oh i don't know if you you read about it but it happened a couple years ago but there was a guy [01:16:22.360 --> 01:16:28.120] out in i think it was california a millionaire and with the stroke of a key they wiped out his [01:16:28.120 --> 01:16:33.400] money and he went to court and everything he got part of it back but you know that's where you [01:16:33.400 --> 01:16:37.480] stand it is that they don't want you to have the money they can take it with the stroke of a key [01:16:37.480 --> 01:16:43.000] yeah exactly that's that's the other reason why i wouldn't do cryptocurrencies if you can do it [01:16:43.000 --> 01:16:48.520] with the computer you can undo it with the computer i don't care what anybody says enough [01:16:48.520 --> 01:16:53.160] time and power and you can do it like it hang on met and we'll finish this up on the other side [01:16:53.160 --> 01:17:00.840] all right folks we'll be right back that's all fine bye bye [01:17:02.520 --> 01:17:07.960] it's the 2019 logos radio network annual fundraiser and gun giveaway sponsored by [01:17:07.960 --> 01:17:14.680] central texas gunworks go to logosradio network dot com and enter to win any amount is appreciated [01:17:14.680 --> 01:17:19.960] everything helps to keep us on the air from central texas gunworks the grand prize up for [01:17:19.960 --> 01:17:27.480] grabs is a spikes tactical ar 15 more prizes and sponsors to be announced every 25 dollar donation [01:17:27.480 --> 01:17:34.280] is a chance to win when you purchase randy calton's ebook legal 101 you get four chances to win [01:17:34.280 --> 01:17:39.720] purchase eddie craig's traffic seminar and get 10 chances to win if you've enjoyed the shows on [01:17:39.720 --> 01:17:45.000] logos radio network support our 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your credit report how to turn the financial tables on them and make them pay you [01:18:31.880 --> 01:18:37.720] to go away the michael miras proven method is the solution for how to stop debt collectors [01:18:37.720 --> 01:18:42.840] personal consultation is available as well for more information please visit rule of law radio [01:18:42.840 --> 01:18:48.520] dot com and click on the blue michael miras banner or email michael miras at yahoo dot com [01:18:48.520 --> 01:18:57.800] that's rule of law radio dot com or email michael miras at yahoo dot com to learn how to stop debt [01:18:57.800 --> 01:19:24.120] collectors now this is the logos logos radio net as i walk through the valley of the shadow of [01:19:24.120 --> 01:19:29.880] death i take a look at my life and realize this much left because i've been practicing and laughing [01:19:29.880 --> 01:19:36.040] so long that even my mama thinks that my mind all right folks we are back this is rule of law [01:19:36.040 --> 01:19:42.840] radio the calling number five one two six four six nineteen eighty four all right next caller up [01:19:42.840 --> 01:19:52.680] is jerry in pennsylvania jerry what can we do for you yeah eddie on this uh lawsuit to that file the [01:19:52.680 --> 01:20:01.160] u.s. court federal court um they they sent me back an order and i was so quite what they were [01:20:01.160 --> 01:20:07.800] trying to say here it says uh now on this date you know and stop consider dependent motions for [01:20:07.800 --> 01:20:16.520] some judgment my name failed to respond there too it is ordered that my name shall respond to [01:20:16.520 --> 01:20:24.520] defendant's motion for some judgment on or before day the court makes them consider the motion as [01:20:24.520 --> 01:20:32.920] unopposed as what clarify that make consider the motion as what [01:20:36.120 --> 01:20:43.080] if it uh if i don't file on it no i don't know i was going to explain it to me tell me what that [01:20:43.080 --> 01:20:55.880] last word was unopposed unopposed okay so someone filed a dismissal motion for your suit and you [01:20:55.880 --> 01:21:03.720] haven't responded to the dismissal motion yeah that was the opposing counsel well i know who [01:21:03.720 --> 01:21:12.360] would have filed the motion to dismiss you have not responded to their motion correct i did respond [01:21:12.360 --> 01:21:18.920] i send it in and not the end of it well wait a minute wait wait wait wait wait wait wait wait [01:21:19.800 --> 01:21:26.120] how can you say that you responded to their motion to dismiss when you have an order in your hand [01:21:26.120 --> 01:21:32.440] from the court in which your case is filed that says your order to respond or they're going to [01:21:32.440 --> 01:21:38.520] consider it without you and that's going to be the end of it when did you file an answer [01:21:38.520 --> 01:21:41.720] how long have you had this order [01:21:44.040 --> 01:21:50.520] oh maybe 11 i filed back in april on it that's when you filed your suit [01:21:51.880 --> 01:22:00.520] no i filed the response to the opposing counsel they they sent a letter to me [01:22:00.520 --> 01:22:10.360] saying that they wanted some judgment okay i wrote up a response to it and you filed it [01:22:11.640 --> 01:22:17.000] yeah and you can prove that you filed it you've got a copy with the case number and the court [01:22:17.000 --> 01:22:23.720] stamp and all that oh yeah i got the little green card from the post office that is not what i asked [01:22:23.720 --> 01:22:36.520] you that is not what i asked you are you telling me you do not have a copy of your document with a [01:22:36.520 --> 01:22:47.720] court stamp on it no we send them i send them in and they send me back the little green card [01:22:47.720 --> 01:22:53.560] okay don't send me back a stamp copy did you keep a copy of it [01:22:55.400 --> 01:23:01.000] oh yeah i got a copy of it a signed copy of it a notarized copy of it [01:23:03.160 --> 01:23:10.840] no because it's just a motion do i have to have no it's an answer it's not a motion it's an answer [01:23:10.840 --> 01:23:19.160] well here's what i put on the title plaintiff's response to defend this motion for summary [01:23:19.160 --> 01:23:26.920] judgment hi my name is filing a response to defend summary motion okay in your response [01:23:26.920 --> 01:23:32.920] did you go down and rebut point by point what the other party put into their motion to dismiss [01:23:32.920 --> 01:23:39.080] or did you just make the same argument you made in your suit i basically the same argument in my [01:23:39.080 --> 01:23:48.760] suit then you did it wrong oh what was i supposed to put in there now it's called an answer for a reason [01:23:51.160 --> 01:23:58.280] they made a bunch of statements asserting specific facts inciting specific authority of law [01:23:58.280 --> 01:24:08.120] in their motion to dismiss yes yeah okay your job in an answer to that motion [01:24:08.120 --> 01:24:13.080] then is to take their specific facts and their specific authority of law and say [01:24:13.720 --> 01:24:21.320] not true not applicable not true it's overridden by not true here's some a higher authority [01:24:21.320 --> 01:24:26.280] and better evidence blah blah blah you have to shoot down every point they've made in that [01:24:26.280 --> 01:24:33.160] motion to dismiss point by point just like they had to do in reference to your suit [01:24:33.160 --> 01:24:43.000] oh it's the same thing just turn it around on them yes but you don't refile the complaint [01:24:43.640 --> 01:24:48.760] you actually go through and rebut the specific things their motion tries to use as their points [01:24:48.760 --> 01:24:54.600] of authority on what they're doing and you show that there's either a superseding authority [01:24:54.600 --> 01:25:00.680] that it misrepresent the law of the case something to say here's why their answer to my [01:25:00.680 --> 01:25:07.400] complaint is not valid on this point it's not valid on this point that authority is not the [01:25:07.400 --> 01:25:12.760] best authority it's not even good authority blah blah blah you have to address their specific [01:25:14.040 --> 01:25:23.480] dismissal motion not your lawsuit uh okay yeah i started through a lot of that stuff [01:25:23.480 --> 01:25:29.400] and then i thought well i'll just write what i wrote in the lawsuit yeah big mistake you [01:25:29.400 --> 01:25:37.720] need to go look up what a dismissal motion response actually requires and then write it that way [01:25:39.080 --> 01:25:47.320] okay that's a dismiss motion or a motion for summary judgment however they've got it worded [01:25:47.320 --> 01:25:54.280] and what they did you need to look up how to answer that yeah that's what i've been doing i look up a [01:25:54.280 --> 01:26:00.360] lot of stuff on the internet but i'm not too sure that i call you all right well then that's [01:26:00.360 --> 01:26:06.360] what i'll do i'll sit here and look this whole thing up all right and uh i got till the end of [01:26:06.360 --> 01:26:10.840] the month if i got another problem maybe that ain't as far off as you might think so you better hurry [01:26:12.440 --> 01:26:18.040] okay okay thank you eddie yes sir you have a good night bye bye bye [01:26:18.040 --> 01:26:26.520] bye and folks not to belittle gerry and his efforts here because he's at least trying [01:26:26.520 --> 01:26:30.920] but that right there goes to exactly what i was saying the entire first part of the show [01:26:31.720 --> 01:26:37.960] if you don't put into practice the knowledge that you get then you won't know how to apply [01:26:37.960 --> 01:26:43.080] it when you need it doesn't matter how much you read and how much you study if you don't know [01:26:43.080 --> 01:26:49.320] when wearing how to apply the knowledge you've gained it's not doing you any good to have it [01:26:50.920 --> 01:26:56.680] it's like buying the best bulletproof vest in the world and then going to a shootout without it [01:27:00.280 --> 01:27:09.000] just don't do that okay now who we got up next here we have ralph in texas ralph what you got [01:27:09.000 --> 01:27:17.400] well i wish you hadn't said that last comment about wearing that parachute parachute [01:27:18.200 --> 01:27:25.320] say you weren't listening i said bulletproof vest uh well i've never been shy that but i've [01:27:25.320 --> 01:27:30.200] been thrown out of planes or something like that anyway i'll hope you took somebody with you [01:27:30.200 --> 01:27:39.080] uh yeah my eternal life so okay i want to i want to touch on the subject that has been touched on [01:27:39.080 --> 01:27:48.760] many times before but i still have issues with okay okay specific question i don't think anybody [01:27:48.760 --> 01:27:54.520] knows the answer to i've been listening for years and if you know the answer then i've missed well [01:27:54.520 --> 01:28:05.560] maybe we've never heard the question at exactly what point does a jp court gain jurisdiction [01:28:09.480 --> 01:28:15.800] the moment that an offense occurs that is within their legal jurisdiction to have jurisdiction [01:28:15.800 --> 01:28:23.160] over and it occurs within the three areas that they have they require for jurisdiction the person [01:28:23.160 --> 01:28:28.600] the offense and the place are all within the jurisdiction of the jp [01:28:31.800 --> 01:28:38.120] okay that's a highly intelligent answer but i'm looking for a more practical answer [01:28:38.120 --> 01:28:43.640] because i'm well there isn't a more practical answer hit the the offense isn't an offense [01:28:43.640 --> 01:28:50.440] until someone files a complaint about the offense or the jp witnesses the offense himself [01:28:50.440 --> 01:28:57.320] and orders an arrest but once he does that he can't hear the case because he's the complainant [01:28:58.520 --> 01:29:01.080] right but that wasn't in the first part of your answer [01:29:02.600 --> 01:29:07.800] okay so when does it when does the court gain jurisdiction when the crime is committed in [01:29:07.800 --> 01:29:13.640] their jurisdiction okay but what if the crime is committed and nobody reports to crime the court [01:29:13.640 --> 01:29:21.800] doesn't know the crime happened they have jurisdiction so this is one of those areas the actual jurisdiction [01:29:21.800 --> 01:29:33.160] occurs when the complaint is filed if it's a valid complaint okay a complaint sworn to under oath [01:29:33.160 --> 01:29:40.040] nope wrong texas does not require that a criminal complaint be sworn to under oath absolutely does [01:29:40.040 --> 01:29:45.240] not that's the entire reason why third parties can file criminal complaints that they don't [01:29:45.240 --> 01:29:49.320] that they're not a victim of they don't even have to have direct knowledge of it [01:29:49.320 --> 01:29:53.640] they just have to believe someone committed a crime hang on just a second i'll address that on the [01:29:53.640 --> 01:30:01.560] other side all right folks we'll be right back it seems like everywhere you turn nowadays someone [01:30:01.560 --> 01:30:05.960] wants your name social security number and date of birth but you should think twice before giving [01:30:05.960 --> 01:30:12.280] away your personal data i'm dr catherine albrecht and i'll say more in just a moment google is watching [01:30:12.280 --> 01:30:17.480] you recording everything you've ever searched for and creating a massive database of your personal [01:30:17.480 --> 01:30:23.160] information that's creepy but it doesn't have to be that way start page dot com is the world's most [01:30:23.160 --> 01:30:28.360] private search engine start page dot com doesn't store your ip address make a record of your searches [01:30:28.360 --> 01:30:33.400] or use tracking cookies and their third party certified if you don't like big brother spying [01:30:33.400 --> 01:30:39.560] on you start over with start page great search results and total privacy start page dot com the [01:30:39.560 --> 01:30:45.000] world's most private search engine forms forms forms they're everywhere but just because a piece [01:30:45.000 --> 01:30:50.120] of paper asks for information doesn't mean you have to give it i leave blank spaces on forms all the [01:30:50.120 --> 01:30:56.360] time or i write n slash a for not applicable and usually nobody notices or cares i never give my [01:30:56.360 --> 01:31:01.160] social security number or date of birth unless it's absolutely mandatory for employment or a [01:31:01.160 --> 01:31:06.040] government requirement and i won't give my phone number to a company or an organization unless i [01:31:06.040 --> 01:31:10.600] actually want them to call me and that's pretty rare to preserve our vanishing privacy we need to [01:31:10.600 --> 01:31:16.360] practice saying no to random data requests it's like exercising a muscle it gets easier the more [01:31:16.360 --> 01:31:21.480] you do it i'm dr catherine albrecht more news and information at catherine albrecht dot com [01:31:21.480 --> 01:31:37.480] i lost my son my uncle my son on september 11 2000 most people don't know that a third tower fell [01:31:37.480 --> 01:31:43.000] on september 11 world trade center seven a 47 story skyscraper was not hit by a plane will [01:31:43.000 --> 01:31:48.840] the official explanation is that fire brought down building seven over 1200 architects and [01:31:48.840 --> 01:31:53.480] engineers have looked into the evidence and believe there is more to the story bring justice to my [01:31:53.480 --> 01:32:00.040] son my uncle my nephew my son go to building what dot org why it fell why it matters and what you can [01:32:00.040 --> 01:32:06.360] do rule of law radio is proud to offer the rule of law traffic center in today's america we live in [01:32:06.360 --> 01:32:10.200] us against them society and if we the people are ever going to have a free society then we're going [01:32:10.200 --> 01:32:14.600] to have to stand and defend our own rights among those rights are the right to travel freely from [01:32:14.600 --> 01:32:19.080] place to place the right to act in our own private capacity and most importantly the right to due process [01:32:19.080 --> 01:32:23.800] of law traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [01:32:23.800 --> 01:32:28.120] our rights through due process former sheriff's deputy eddie craig in conjunction with rule of law [01:32:28.120 --> 01:32:32.120] radio has put together the most comprehensive teaching tool available that will help you understand [01:32:32.120 --> 01:32:36.440] what due process is and how to hold courts to the rule of law you can get your own copy of this [01:32:36.440 --> 01:32:41.160] valuable material by going to rule of law radio dot com and ordering your copy today by ordering now [01:32:41.160 --> 01:32:45.400] you'll receive a copy of eddie's book the texas transportation code the law versus the lie video [01:32:45.400 --> 01:32:49.960] and audio of the original 2009 seminar hundreds of research documents and other useful resource [01:32:49.960 --> 01:32:53.720] material learn how to fight for your rights with the help of this material from rule of law radio [01:32:53.720 --> 01:32:58.440] dot com order your copy today and together we can have the free society we all want to serve [01:32:58.440 --> 01:33:09.640] you're listening to the logos radio network at logos radio network dot com [01:33:17.720 --> 01:33:22.920] all right folks we are back this is rule of law radio and we're talking to ralph in texas [01:33:23.560 --> 01:33:28.040] all right ralph now real quick let me get into something on this that here's the problem with [01:33:28.040 --> 01:33:35.000] the way you're asking your question okay that's now you have to remember that jurisdiction is not a [01:33:35.000 --> 01:33:43.960] single thing it is actually broken up into a minimum of three components the offense the accused [01:33:44.840 --> 01:33:53.000] the venue i.e. the place okay okay all three of those are required for a jp to have jurisdiction [01:33:53.000 --> 01:34:00.600] to preside over a case okay all right unless there's a change of venue request and granted [01:34:00.600 --> 01:34:05.960] that allows it to be moved to a different venue that would then give a different jp jurisdiction [01:34:07.480 --> 01:34:13.800] all right okay that's the only one of those that can be altered the other two cannot but [01:34:14.840 --> 01:34:22.360] as a matter of law the jp automatically has jurisdiction if those criteria have been met [01:34:22.360 --> 01:34:29.400] whether they know about the complaint or the act or not they can't preside over a case because [01:34:29.400 --> 01:34:35.240] there isn't one but they automatically as a matter of law would have jurisdiction to hear it when [01:34:35.240 --> 01:34:45.320] it's brought you understand okay you have the concept of jurisdiction yes the jp's got that as a [01:34:45.320 --> 01:34:51.480] matter of law then you have the reality of jurisdiction in those three specific provisions [01:34:51.480 --> 01:34:56.360] and he's got to have those in order to be able to preside over that case [01:35:00.200 --> 01:35:09.480] my turn yes okay you threw in the dynamic i was not ready for however i'm going to keep [01:35:09.480 --> 01:35:15.880] with the same subject your new dynamic is okay they have jurisdiction but what can they do with it [01:35:15.880 --> 01:35:23.880] so i'm going to stay on my original path and keep that in mind jp court i'm sticking with [01:35:23.880 --> 01:35:32.440] a jp court just how simplistic jp court has jurisdiction okay and so we're at the point [01:35:32.440 --> 01:35:40.280] where that what can they do with that jurisdiction that's what i want to know that's where the offense [01:35:40.280 --> 01:35:47.800] comes into play by law they have jurisdiction only over specific types of offenses okay they [01:35:47.800 --> 01:35:52.360] have to be class c fine only they cannot be anything above a class c [01:35:54.520 --> 01:36:01.800] hmm okay with that no that's good okay so let's say that uh i had several scenarios picked out [01:36:01.800 --> 01:36:09.080] but i'm forgetting them as i think of them so let's just do this one a traffic cop stops you [01:36:09.080 --> 01:36:15.800] doesn't matter if it's city dps whether they have permission uh you know uh what's it called uh [01:36:19.640 --> 01:36:26.120] an agreement with the dps or not you get stopped you get a traffic citation so you are given the [01:36:26.120 --> 01:36:31.080] citation and you are ordered to appear before a jp court within a certain amount of time [01:36:31.080 --> 01:36:39.960] how does that give the jp court and i have a follow-up question which is more important but [01:36:39.960 --> 01:36:44.680] i think i'm just going to reiterate that alone does not give them jurisdiction neither does the [01:36:44.680 --> 01:36:54.040] citation in order to establish jurisdiction to hear any of the issues in the case and to act upon [01:36:54.040 --> 01:37:05.880] the individual in any fashion a complaint must be filed filed okay they cannot use the citation as a [01:37:05.880 --> 01:37:12.120] valid complaint without a waiver and that waiver has to be signed by both the prosecuting attorney [01:37:12.120 --> 01:37:17.000] and the accused individual there's a problem with that provision of the code of criminal [01:37:17.000 --> 01:37:22.600] procedure however it's a direct conflict with another part of the code of criminal procedure [01:37:22.600 --> 01:37:28.200] that specifically says jurisdiction is invested in a court only upon the filing of a complaint [01:37:30.520 --> 01:37:35.640] okay and a citation does not meet the legal criteria of what a complaint requires [01:37:37.800 --> 01:37:42.040] okay i don't know that well enough to argue that so i'm going to take that as a given [01:37:43.080 --> 01:37:47.480] i do know i do know the subject and i can look up and vote so i can read it but i'm going to take [01:37:47.480 --> 01:37:53.960] that as a given but when we talk about filed we're talking about files with the court correct [01:37:53.960 --> 01:38:04.120] yes we're talking about files with the court by who by anyone as long as it's not a member of the [01:38:04.120 --> 01:38:12.520] court okay by you okay okay so uh or i'm sorry a member of the court in this case that would [01:38:12.520 --> 01:38:17.400] include the prosecution team the prosecutor's office cannot file a complaint [01:38:21.240 --> 01:38:30.840] oh okay all right i know i'm not going about this very well don't have the days to spend on it but [01:38:30.840 --> 01:38:34.440] i do have the thoughts and i'm hoping that you can help me because you do spend more time on it [01:38:35.080 --> 01:38:39.800] here's the point i'm trying to make and we're getting spread out to so many different areas [01:38:39.800 --> 01:38:50.200] that it's hard to keep track did you say so well in my mind traffic citation officer uses citation [01:38:50.200 --> 01:38:58.040] it says you must appear before jp court by a certain date and you show up yeah so what the [01:38:58.600 --> 01:39:05.400] issuing try okay here's the thing but that's not sir no no let me finish issuing traffic citation [01:39:05.400 --> 01:39:12.760] officer is what a private individual or a member of the state does he have the power to he's an [01:39:12.760 --> 01:39:20.760] agent of the state yes but does he have the power to prosecute no he has the power to complain but [01:39:20.760 --> 01:39:28.360] he can't prosecute he cannot stand before a court and act as a prosecutor can this can the jp court [01:39:28.360 --> 01:39:35.800] do that itself no okay so if somebody gets the traffic citation and they're told to appear before [01:39:35.800 --> 01:39:42.200] the jp court on a certain date a certain time and they show up and the prosecutor's not there [01:39:43.640 --> 01:39:49.400] that would be a win by default would it not no because the initial appearance on the citation [01:39:49.400 --> 01:39:56.120] is just that an initial appearance not a trial but why are they initially appearing because that [01:39:56.120 --> 01:40:01.560] here is why this is what i was trying to say when you said let me let you finish okay so now let me [01:40:01.560 --> 01:40:07.560] finish okay this is the reason why the law specifically requires them to give you no less [01:40:07.560 --> 01:40:13.320] than 10 days notice to make that appearance within that 10 day time frame is when that citation is [01:40:13.320 --> 01:40:18.440] supposed to be forward to a proper prosecutor who then is supposed to file the information [01:40:18.440 --> 01:40:24.520] which by law is required even though they're not making them do it and then once the information [01:40:24.520 --> 01:40:32.120] exists it can only exist if a criminal complaint exists which means the officer or someone known [01:40:32.120 --> 01:40:36.440] to the officer who knew the facts of the case because of the officer as long as it's not the [01:40:36.440 --> 01:40:43.240] clerk of the court or the prosecutor's office filled out and signed and filed a complaint [01:40:44.040 --> 01:40:51.880] upon which the information could be based absent a complaint no prosecution is valid period [01:40:51.880 --> 01:41:03.000] no jurisdiction is invested in a court without a signed complaint period but a complaint is not [01:41:03.000 --> 01:41:10.200] required to be signed under oath nor is it required to be signed in a notarized fashion under penalty [01:41:10.200 --> 01:41:17.240] of perjury if that were the case the best friend of an abused wife or husband could not file a [01:41:17.240 --> 01:41:22.600] criminal complaint on their behalf they're being abused at home even though the abused individual [01:41:22.600 --> 01:41:27.400] lacked the courage or the fortitude to file the complaint themselves it would prevent someone from [01:41:27.400 --> 01:41:33.080] filing it on their behalf and seeing justice done if it was required that only the one suffering [01:41:33.080 --> 01:41:38.280] the harm filed the complaint how would somebody that was murdered ever file a complaint [01:41:38.280 --> 01:41:47.720] okay okay so anyone can file a criminal complaint and it does not have to be under oath and it's [01:41:47.720 --> 01:41:54.120] not under penalty of perjury and they cannot be a part of the court or the prosecutorial team when [01:41:54.120 --> 01:42:05.400] it's done okay this is this is narrowing my my uh inquisition but i still have questions who is a [01:42:05.400 --> 01:42:11.960] citation a criminal complaint i just told you before no citation in the state of texas meets the [01:42:11.960 --> 01:42:19.240] legal criteria under 45.018b of what a complaint is required to contain not one anywhere ever [01:42:19.240 --> 01:42:27.800] so if a person decides to accept that it is a complaint anyway or decides hey this guy would [01:42:27.800 --> 01:42:33.160] have gone said i better come to this court and you're still talking two different things here [01:42:34.760 --> 01:42:39.800] the citation is a command to appear before the court where the court is supposed to conduct [01:42:39.800 --> 01:42:45.160] an examining trial in relation to the criminal complaint if no criminal complaints been filed [01:42:45.160 --> 01:42:51.320] the court can't do anything if they move forward on the citation alone they're acting without [01:42:51.320 --> 01:42:58.280] jurisdiction because the citation does not by law invest them with jurisdiction of squat [01:43:00.040 --> 01:43:05.960] they can't even legally blow their nose with it because there's nothing in law that says they can [01:43:07.240 --> 01:43:11.800] that's the point i'm trying to make but i'm trying to make a new argument for that point [01:43:11.800 --> 01:43:20.040] so if you show up to the court you can ask the judge is going to ask you how you play and you can [01:43:20.040 --> 01:43:26.840] say to what well how many you have heard that answered before i said that a thousand times on [01:43:26.840 --> 01:43:33.080] this show i know you have i know you have but but i'm looking at it differently and maybe i'm not [01:43:33.080 --> 01:43:38.040] expressing it quite differently well all i the only thing i ask when i go in there the first [01:43:38.040 --> 01:43:43.560] thing i do when i go in for any court appearances ask to see the folder show me the court record [01:43:43.560 --> 01:43:48.200] and the first thing i look for is the complaint if it's not there me and this judge you're going [01:43:48.200 --> 01:43:52.280] to have a conversation he ain't gonna like hang on we'll be right back and then you can ask the rest [01:43:52.280 --> 01:44:03.160] of your question 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and practices that control our [01:45:40.760 --> 01:45:48.440] american courts you'll receive our audio classroom video seminar tutorials forms for civil cases [01:45:48.440 --> 01:45:55.240] pro safe tactics and much more please visit rule of law radio dot com and click on the banner [01:45:55.240 --> 01:46:10.360] or call toll free eight six six law easy [01:46:10.360 --> 01:46:22.040] all right folks we are back this is rule of law radio we are now in the last segment of this show [01:46:22.040 --> 01:46:27.080] and we are still talking about the intentions all right Ralph let me let me try real hard to see if [01:46:27.080 --> 01:46:31.400] i understand everything you've gotten short circuitous because i'm i'm fairly certain i know [01:46:31.400 --> 01:46:37.000] where you're trying to get to so let me run this down for you okay another code of criminal procedure [01:46:37.000 --> 01:46:42.120] they are allowed to use the citation as a complaint only if there is a signed waiver [01:46:42.120 --> 01:46:47.000] the problem with that is that waiver violates another provision that says jurisdiction is [01:46:47.000 --> 01:46:52.840] invested in a court only when a complaint has been filed okay immediately you have a contradiction [01:46:52.840 --> 01:46:57.880] of the law and the case law supports the same conclusion all the case law says the complaints [01:46:57.880 --> 01:47:04.440] required to initiate a case period citation does absolutely nothing the initial appearance however [01:47:04.440 --> 01:47:09.800] is not going to win you any arguments the reason for that is is they have up to two years to file [01:47:09.800 --> 01:47:14.920] that criminal complaint just because the judge is supposed to have one in his hands at the initial [01:47:14.920 --> 01:47:20.680] appearance and is to conduct an examining trial based upon that criminal complaint and doesn't [01:47:20.680 --> 01:47:25.960] have it does not alleviate you from having to make future appearances in the case you can simply [01:47:25.960 --> 01:47:31.000] say look judge there's no complaint filed there's no jurisdiction invested in this court [01:47:31.000 --> 01:47:35.000] well we're going to use the citation as a complaint objection judge code of criminal [01:47:35.000 --> 01:47:41.160] procedure specifically requires that any attempt to use the citation as a complaint requires a [01:47:41.160 --> 01:47:47.320] signed waiver by from both me and the prosecuting attorney i'm not signing any such waiver if you [01:47:47.320 --> 01:47:51.960] proceed i will file a judicial conduct complaint and i will file a grievance with the attorney [01:47:51.960 --> 01:47:57.160] general's office of the state and the judicial conduct commission so if you wish to proceed [01:47:57.160 --> 01:48:02.600] based upon your misconception of the law be my guest but i would like everything you do [01:48:02.600 --> 01:48:07.640] in writing and court orders entered on the subject so i have something to show when i [01:48:07.640 --> 01:48:15.480] file the complaint you do that the appearance is over say nothing else do nothing else sign [01:48:15.480 --> 01:48:22.840] nothing else whatever he does from that point on is entirely on him but you are not going to stop [01:48:22.840 --> 01:48:29.000] the case in its tracks not unless they both get behind the scenes without your knowledge and go [01:48:29.000 --> 01:48:32.840] this guy knew all this and knew all this i don't want to hear this case i don't want you to argue [01:48:32.840 --> 01:48:39.320] this case just get it out of my court and they drop it which that too is illegal that's the next [01:48:39.320 --> 01:48:44.360] part a communication in a criminal case which is absolutely illegal but they do it all the time [01:48:44.360 --> 01:48:50.520] we know this because of the case i mentioned at the beginning of the show city the city of austin [01:48:50.520 --> 01:48:57.320] does it all the time right so okay well if you're looking to short-circuit it you're not going to [01:48:57.320 --> 01:49:02.040] do it the way you think you are you're not going to stop it dead in strikes you may delay things [01:49:02.040 --> 01:49:07.800] but they've got two years to make to take it forward okay you're exactly right that's why [01:49:07.800 --> 01:49:11.640] i'm trying to do short-circuit it i'm gonna have to go back and listen again to what you just said [01:49:11.640 --> 01:49:17.960] because i'm that slow but here's what i'm thinking you go you appear in court and you you're asking [01:49:17.960 --> 01:49:24.360] you know worst prosecutor worst examining child center etc what is the what is it and i've used [01:49:24.360 --> 01:49:30.840] your uh motion to quash and i'm going to say successfully but but but that's that's a different [01:49:30.840 --> 01:49:37.560] subject anyway so you your first appearance you shut the court and you have a motion for an examining [01:49:37.560 --> 01:49:42.440] trial that's what we're having so much trouble with they don't want to give us an examining [01:49:42.440 --> 01:49:47.400] trial well but there's there's two reasons for that one they think they don't have to which is [01:49:47.400 --> 01:49:55.000] wrong and two if no one has filed a complaint they can't examine anything because there's no witnesses [01:49:55.000 --> 01:50:00.680] there's no evidence there's no crime because there's no complaint on the dog on it you just cut me into [01:50:00.680 --> 01:50:06.200] big circle then why are we there if there's no complaint just because what did i just say once [01:50:06.200 --> 01:50:12.120] you tell the judge the things i said to tell him the thing is over the initial appearance is done [01:50:12.120 --> 01:50:21.000] say nothing else do nothing else sign nothing else make them do their work now once they've done it [01:50:21.000 --> 01:50:25.800] then we've got issues we we have to go back in and address some things but unless they do it [01:50:25.800 --> 01:50:35.960] they're dead in the water okay i think i got that but i know how to listen again so then i should get [01:50:35.960 --> 01:50:47.560] it two two other issues uh let me think i'm losing track uh if we make or put in the file [01:50:47.560 --> 01:50:53.400] let's say citation uh we don't have a case number don't have anything but we would put in a motion [01:50:53.400 --> 01:50:59.320] before the court to move the court to have an examination trial the court says you're not entitled [01:50:59.320 --> 01:51:07.480] to one denied that automatically gives us the right for a title 42 or better no it doesn't [01:51:08.360 --> 01:51:13.640] wait a minute wait a minute or even better is what what what is it that randy's always talking about [01:51:13.640 --> 01:51:22.040] um damn it excuse me um uh a court case where you decide if you have rights what is that called [01:51:22.040 --> 01:51:29.480] um forgetting the basic stuff but yes but why not why why wouldn't we because you have not [01:51:29.480 --> 01:51:34.440] exhausted all of your state remedies a title 42 is going to get thrown out if you've not exhausted [01:51:34.440 --> 01:51:40.840] all of your remedies and the first remedy on a ruling like that is an appeal so until you get [01:51:40.840 --> 01:51:47.080] denied at the appellate level you don't have a 42 case period okay thank you thank you that's [01:51:47.080 --> 01:51:52.440] what i was missing that's what i was missing so so put in the motion for examining trial they deny [01:51:52.440 --> 01:51:59.080] that then before the case even ends just take that one motion for a mandamus to the next higher [01:51:59.080 --> 01:52:04.840] court and then as soon as you exhausted that then go for a declaratory judgment and say [01:52:04.840 --> 01:52:10.040] am i entitled to an examining trial well or actually or they'd be required to get me an [01:52:10.040 --> 01:52:14.200] examining trial well the thing is is you would have to go federal on this and the reason you [01:52:14.200 --> 01:52:18.840] would have to go federal is because they're violating due process at the state level because [01:52:18.840 --> 01:52:22.840] the highest criminal court in texas is already ruled they don't have to give you an examining [01:52:22.840 --> 01:52:26.120] trial except in the case of felonies and the problem is that they are intentionally [01:52:26.120 --> 01:52:33.560] misreading the statute that way okay what the problem is is that the only place in texas law [01:52:33.560 --> 01:52:41.000] where a finding of probable cause can take place is at the examining trial not at the actual trial [01:52:41.000 --> 01:52:49.800] right okay okay um we're running out of time you might have another call you want to spend a [01:52:49.800 --> 01:52:57.720] couple minutes on so let me throw this out the uh in my case i understood that whenever the officer [01:52:57.720 --> 01:53:03.160] made a criminal complaint against me he did it as a private person not as a public official [01:53:03.160 --> 01:53:12.040] is that correct no not necessarily not necessarily okay well it depends on what the [01:53:12.040 --> 01:53:17.240] complaint is if the complaint is something personal to him then yes he is acting in his [01:53:17.240 --> 01:53:23.480] private capacity if he's claiming you assaulted him and he's suing you for it then he's in his [01:53:23.480 --> 01:53:30.040] personal capacity but you couldn't be charged with a crime unless he filed it in his official [01:53:30.040 --> 01:53:36.200] capacity because that's the only way you could be assaulting an officer right assaulting an officer [01:53:36.200 --> 01:53:42.360] okay well let's take the prime example that happens in texas daily which is illegal because [01:53:42.360 --> 01:53:47.960] the officer says that i don't risk to disperse him because they failed to identify themselves [01:53:49.080 --> 01:53:55.560] which we both know 3802 is not an arrestable offense is an ancillary not by itself right [01:53:55.560 --> 01:54:03.000] right okay so let's say the cops are good dad he'll rescue for for uh did he do that in his [01:54:03.000 --> 01:54:07.800] official capacity or as a private person because because you're throwing some new stuff out here [01:54:07.800 --> 01:54:14.040] at me i'm okay and i'll be honest he charged you in his official capacity he swore out the [01:54:14.040 --> 01:54:23.160] complaint in his official capacity okay okay but he's going to get sued for it in his personal [01:54:23.160 --> 01:54:28.520] capacity and then he's going to get sued for it in his professional capacity because that's a lack [01:54:28.520 --> 01:54:42.120] of training issue okay okay okay all right so uh this is taking a long time and i'm learning a lot [01:54:42.760 --> 01:54:46.120] here let me try to cut through the mustard a little bit more and say this [01:54:46.120 --> 01:54:56.120] um citizens arrest a person has the right to citizens arrest years ago i asked you [01:54:56.680 --> 01:55:02.280] what if i made a citizen's arrest for somebody speeding and your answer was good luck with that [01:55:02.840 --> 01:55:06.600] okay now i'm not looking forward to that i'm just bringing it up maybe you remember maybe you don't [01:55:06.600 --> 01:55:13.880] do you know why uh and the answer is still just as relevant today as it was then okay why [01:55:13.880 --> 01:55:20.840] why because the only authority to to perform a citizen's arrest is in the case of felonies [01:55:20.840 --> 01:55:28.120] and breaches of the peace breaches of the peace have a specific legal meaning behind the term [01:55:28.120 --> 01:55:34.440] that term is actions intended to incite violent reactions or damages to persons or property [01:55:35.720 --> 01:55:42.520] with that intent in mind that's a breach of the peace speeding is none of those things [01:55:42.520 --> 01:55:49.240] now if you caught someone speeding who was also drunk driving and they hit someone [01:55:49.720 --> 01:55:55.160] then you can make a citizen's arrest why not for the speeding but for the drunk driving [01:55:55.800 --> 01:56:00.920] and for the injury to persons which elevated the drunk driving to a felony offense [01:56:04.040 --> 01:56:11.960] okay interesting here's why i'm going with that and it doesn't look as good as it did before [01:56:11.960 --> 01:56:16.680] which is why i called because you do a lot more studying than i do [01:56:19.320 --> 01:56:29.800] citizens arrest on a public official for their official oppression etc here's what i'm getting at [01:56:30.680 --> 01:56:39.400] if they can issue a citation to us demanding that we show up to court why in the heck can't [01:56:39.400 --> 01:56:45.960] we issue a citation to them demanding that they show up to court because they're going to get the [01:56:45.960 --> 01:56:52.840] same thing we get just a judge because you have no power to issue a citation nothing in the law [01:56:52.840 --> 01:56:58.440] gives you the authority to issue a citation filing a criminal complaint on the other hand is entirely [01:56:58.440 --> 01:57:04.600] within your power and province yes but would filing a criminal complaint require them to show [01:57:04.600 --> 01:57:10.520] up to court like a citation does require us to show up to court if they committed a felony [01:57:11.160 --> 01:57:16.840] then no you can't file a complaint to force them into court you file the complaint to get [01:57:16.840 --> 01:57:21.480] them indicted for the felony the indictment is what forces them to appear in court [01:57:27.160 --> 01:57:32.120] but we show up in the court just a criminal complaint would not force you into court until [01:57:32.120 --> 01:57:41.000] somebody issued a warrant for it but that's what i'm trying to figure out some some cops says well [01:57:41.000 --> 01:57:46.600] you got to show up for court then the question becomes for those of us who actually think well [01:57:46.600 --> 01:57:51.240] does he have the authority to demand that i show up the court am i showing up the court because he [01:57:51.240 --> 01:57:55.800] had a gun and threatened me or am i showing up the court because he has authority no you're showing [01:57:55.800 --> 01:58:01.480] up because texas law authorizes them to issue the citation for that purpose it's a criminal [01:58:01.480 --> 01:58:13.000] process it's the same as a subpoena you understand subpoena yes that's your that's your criminal [01:58:13.000 --> 01:58:20.920] your citation the problem is is who's issuing the subpoena is not really valid by law but [01:58:20.920 --> 01:58:27.240] they've authorized the cops to do it nonetheless that that's my issue who's authorized to do it [01:58:27.240 --> 01:58:32.600] well an actual subpoena only a judicial body or someone that's filed permission [01:58:32.600 --> 01:58:38.680] for a judicial body to do it but anyway Ralph i'm out of time man thanks for calling and study [01:58:38.680 --> 01:58:43.000] that up all right folks i'm sorry i didn't get to everybody this has been the monday night rule [01:58:43.000 --> 01:58:48.040] of law radio show i thank you all for listening please continue to donate keep us supported keep [01:58:48.040 --> 01:58:55.400] us on bibles for america is offering absolutely free a unique study bible called the new testament [01:58:55.400 --> 01:59:00.840] recovery version the new testament recovery version has over 9 000 footnotes that explain [01:59:00.840 --> 01:59:07.240] what the bible says verse by verse helping you to know god and to know the meaning of life order [01:59:07.240 --> 01:59:15.960] your free copy today from bibles for america call us toll free at 888-551-0102 or visit us [01:59:15.960 --> 01:59:23.960] online at bfa.org this translation is highly accurate and it comes with over 13 000 cross [01:59:23.960 --> 01:59:30.200] references plus charts and maps and an outline for every book of the bible this is truly a bible 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