[00:00.000 --> 00:05.120] This news brief brought to you by the International News Net. [00:05.120 --> 00:10.200] The Department of Homeland Security is considering allowing immigrants who have been victims [00:10.200 --> 00:15.200] of domestic violence to qualify for asylum. [00:15.200 --> 00:21.460] Bankruptcy filings in the U.S. soared 33% in the past 12 months to 1.2 million. [00:21.460 --> 00:27.000] Much of this is linked to the 26 million unemployed or underemployed Americans. [00:27.000 --> 00:32.280] Former Treasury Secretary Henry Paulson told Congress privately last fall if they rejected [00:32.280 --> 00:37.440] the bailout bill there would be a breakdown in law and order as well as food riots, adding [00:37.440 --> 00:45.720] that he couldn't go public for fear it would terrify the American people. [00:45.720 --> 00:50.400] The government Wednesday stated it would no longer rely on evidence obtained through torture [00:50.400 --> 00:56.960] and other coercion in the habeas corpus case challenging the unlawful detention of Guantanamo [00:56.960 --> 00:59.480] detainee Mohammed Jawad. [00:59.480 --> 01:05.640] The announcement was in response to an American Civil Liberties Union motion to suppress Jawad's [01:05.640 --> 01:06.640] statements. [01:06.640 --> 01:12.840] ACLU attorney Jonathan Hayfett said, �Now it is time to send Jawad home to Afghanistan. [01:12.840 --> 01:16.840] Nearly seven years of unlawful detention is long enough.� [01:16.840 --> 01:21.920] The judge in Jawad's military commission trial previously suppressed statements by Jawad [01:21.920 --> 01:24.120] finding they were the product of torture. [01:24.120 --> 01:29.320] However, the government had continued to rely on those same statements in Jawad's habeas [01:29.320 --> 01:35.040] corpus challenge as well as other statements obtained through Jawad's continued abuse [01:35.040 --> 01:38.040] at Bagram and Guantanamo. [01:38.040 --> 01:44.920] Following his 2002 arrest for allegedly throwing a grenade at two US soldiers and their interpreter, [01:44.920 --> 01:50.320] Jawad was subjected to repeated torture and tried to commit suicide by slamming his head [01:50.320 --> 01:54.200] against a wall. [01:54.200 --> 01:59.600] The original recordings of the first humans landing on the moon 40 years ago were erased [01:59.600 --> 02:01.600] and reused. [02:01.600 --> 02:08.280] NASA admitted in 2006 no one could find the original video recordings of the July 20th, [02:08.280 --> 02:10.240] 1969 landing. [02:10.240 --> 02:15.600] Since then, Richard Nafska, an engineer at NASA�s Goddard Space Flight Center, who [02:15.600 --> 02:21.680] oversaw television processing at the ground-tracking site during the Apollo 11 mission, has been [02:21.680 --> 02:22.960] looking for them. [02:22.960 --> 02:25.360] Nafska said he found where they went. [02:25.360 --> 02:31.440] However, they were part of a batch of 200,000 tapes that were magnetically erased. [02:31.440 --> 02:34.440] Nafska said the goal was live TV. [02:34.440 --> 02:39.640] However, a growing number of people believe the lunar program that landed men on the moon [02:39.640 --> 02:48.160] six times between 1969 and 1972 was in fact staged on a movie set or secret military base. [02:48.160 --> 03:01.480] A Google search of �we never went to the moon� yields 57 million websites. [03:01.480 --> 03:05.560] You feel tired when talking about important topics like money and politics? [03:05.560 --> 03:09.400] Are you confused by words like the Constitution or the Federal Reserve? [03:09.400 --> 03:13.800] If so, you may be diagnosed with the deadliest disease known today, stupidity. [03:13.800 --> 03:19.200] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity [03:19.200 --> 03:20.400] at an early age. [03:20.400 --> 03:24.400] I had no idea that the number one cause of the disease is found in almost every home [03:24.400 --> 03:26.440] in America, the television. [03:26.440 --> 03:31.520] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [03:31.520 --> 03:35.280] The staff at Brave New Books have helped me and thousands of other poxaholics suffering [03:35.280 --> 03:40.160] from sports-zombie-ism recover, and because of Brave New Books, I now enjoy reading and [03:40.160 --> 03:45.080] watching educational documentaries without feeling tired or uninterested, so if you or [03:45.080 --> 03:52.320] anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them [03:52.320 --> 03:55.920] in 1904 Guadalupe or bravenewbookstore.com. [03:55.920 --> 03:59.320] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [03:59.320 --> 04:01.320] and an overall increase in mental functioning. [04:01.320 --> 04:08.320] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [04:08.320 --> 04:32.920] talk radio at its best. [04:38.320 --> 05:06.120] Okay, we are back, the Rule of Law, and we are speaking with Steve Skidmore here, a good [05:06.120 --> 05:13.120] friend of Steve Skidmore, by the way of Endless Fraud Detection, he had a show on WTPRN, and [05:13.640 --> 05:15.960] we are going to be trying to get him back up on the air here shortly. [05:15.960 --> 05:23.120] He is actually, him and his partner Neil Switkowski are going to be filling in for Tom Kiley on [05:23.120 --> 05:28.800] the Iron and World Report Radio next Thursday night at 6 p.m., so looking forward to hearing [05:28.800 --> 05:36.320] their show concerning the banking system and the fraud that the banks commit all the time. [05:36.320 --> 05:42.840] So at any rate, Steve, we are discussing about the commerce and the fact that transport is [05:42.840 --> 05:48.400] not defined in the code, however it is defined lacks law, so go ahead Eddie, you have got [05:48.400 --> 05:50.480] that in front of you. [05:50.480 --> 05:54.080] Okay, what was the other question you were wanting to ask there Steve when we were going [05:54.080 --> 05:55.080] to break? [05:55.080 --> 06:00.680] Well, first, Deborah, I wanted to thank you for the invitation, you and Tom Kiley both [06:00.680 --> 06:07.680] thank you for the invitation, I wouldn't miss it for the world, yeah, I did a search while [06:07.680 --> 06:14.680] we were at break and transport and transportation, neither one are defined in the code. [06:14.680 --> 06:15.680] Correct. [06:15.680 --> 06:16.680] Right. [06:16.680 --> 06:19.200] You would have to go to Black's Law for them. [06:19.200 --> 06:24.200] Correct, and that is going to be a commercial term, I didn't get a chance to look that up, [06:24.200 --> 06:33.880] but back on track, Eddie, you had mentioned the place in code or statute somewhere, I [06:33.880 --> 06:37.360] think it is in the U.S. Federal Code, but I have searched and searched and searched [06:37.360 --> 06:47.800] and can't find it, for travel time, you were speaking on a previous show on the clear difference [06:47.800 --> 06:51.440] between driving and traveling and it is found in that code. [06:51.440 --> 06:54.440] Title 49. [06:54.440 --> 06:55.440] Right. [06:55.440 --> 06:56.440] Yes. [06:56.440 --> 06:57.440] What section? [06:57.440 --> 07:05.720] Well, what I was actually speaking to was several court cases based on those sections [07:05.720 --> 07:14.080] of law, but the court cases itself delineates that if the person is in what would normally [07:14.080 --> 07:20.960] be considered a motor vehicle, but that person is not actively engaged in using that vehicle [07:20.960 --> 07:27.200] for the purpose of commerce, then that person is traveling, that person is not driving. [07:27.200 --> 07:28.200] Right. [07:28.200 --> 07:29.200] Right. [07:29.200 --> 07:35.760] And I actually have the court cases for that, so if you like, I can send those to you. [07:35.760 --> 07:42.000] Well, in the previous show, you gave a code site and I went to the site and found it, [07:42.000 --> 07:47.120] but I can't find it again and you are right, it is somewhere in Title 49, it deals with [07:47.120 --> 07:55.760] the time that a truck driver is hauling a load and headed to market or delivering a [07:55.760 --> 08:02.960] load, he has got to stay on and off the road for specific amounts of time, but while he [08:02.960 --> 08:09.120] is not hauling a load, when he is dead headed, he is back with an empty trailer or without [08:09.120 --> 08:15.200] a trailer, then he is traveling, he is no longer driving and there was something in [08:15.200 --> 08:19.440] the code that you specifically said, does any of that ring a bell? [08:19.440 --> 08:22.240] Yes, it all rings a bell. [08:22.240 --> 08:29.680] What you can do is if you go out to the OMB website, or I am sorry, the GOP Access website, [08:29.680 --> 08:38.400] you can pull up and do a direct text search on Title 49 and do a search for the word traveling [08:38.400 --> 08:41.320] and that will pull it up. [08:41.320 --> 08:42.320] Right. [08:42.320 --> 08:47.600] This specific section defined travel time. [08:47.600 --> 08:58.000] It defined driver, it defined travel, it defined drive, it defined passenger and Title 49 also [08:58.000 --> 09:01.000] has sections that define motor vehicle. [09:01.000 --> 09:02.000] Excellent. [09:02.000 --> 09:07.440] Now, the Fed law trumps state law, correct? [09:07.440 --> 09:12.400] If they are dealing with the same subject, yes, if they are ones over which the federal [09:12.400 --> 09:17.480] statutes have authority and the state statutes are based on that federal authority, yes. [09:17.480 --> 09:21.360] Well, most of all 50 states have adopted this. [09:21.360 --> 09:27.160] Yes, here in Texas, our administrative code and our transportation code specifically state [09:27.160 --> 09:34.400] that they have adopted specific sections including the definitions that are found in Title 49. [09:34.400 --> 09:35.400] Good. [09:35.400 --> 09:36.400] Good. [09:36.400 --> 09:40.520] All righty. [09:40.520 --> 09:47.920] One interesting thing we found or that we talked about in your answer, well, you weren't [09:47.920 --> 09:51.960] there last night so we kind of talked amongst ourselves. [09:51.960 --> 10:04.480] Number six, let me get that out of the way, in 501.005, I am sorry, let me say that again, [10:04.480 --> 10:15.360] number B, Certificate of Title requirements, 501.021, Certificate of Title, we scroll down [10:15.360 --> 10:22.840] to number six and it says the number on a vehicle's current Texas license plate, if [10:22.840 --> 10:31.960] any, if any, would indicate that there are times where there is not and it's okay for [10:31.960 --> 10:37.760] there not to be and it doesn't say anything about farm vehicle or trailer or anything, [10:37.760 --> 10:39.640] it just says if any. [10:39.640 --> 10:40.640] Right. [10:40.640 --> 10:48.360] But now if you'll look, okay, that the license plate is nothing more than the registered [10:48.360 --> 10:52.960] tax ID number for a motor vehicle. [10:52.960 --> 10:58.120] That is what it signifies that that vehicle has had the proper taxes paid in order to [10:58.120 --> 11:00.320] make it commercial ready. [11:00.320 --> 11:01.320] Right. [11:01.320 --> 11:02.320] Okay. [11:02.320 --> 11:10.000] That's why it says if any because all vehicles are not motor vehicles that would require [11:10.000 --> 11:11.000] that tag. [11:11.000 --> 11:12.000] That's right. [11:12.000 --> 11:23.040] Well, I was thinking, because it's a sound thought, the number on the vehicle's current [11:23.040 --> 11:33.080] Texas license plate, if any, so it's got to be a vehicle as defined in the code. [11:33.080 --> 11:34.080] Right. [11:34.080 --> 11:39.160] Now, here is a basic common sense principle which every lawyer says, well, you can't [11:39.160 --> 11:40.640] base the law on common sense. [11:40.640 --> 11:45.000] Well, I'd agree with the way they read it, okay? [11:45.000 --> 11:49.680] Let's look at a standard fact on private property, okay? [11:49.680 --> 11:54.960] I have no say so over how you utilize your private property unless that use is directed [11:54.960 --> 11:59.560] at causing me or my property harm, okay? [11:59.560 --> 12:04.640] You can use anything you own, any way you like, unless the usage you're making of it [12:04.640 --> 12:08.240] is to cause harm to somebody else or their property. [12:08.240 --> 12:14.480] That is the basic inherent right of private property no matter who owns it. [12:14.480 --> 12:15.560] Do you agree with that? [12:15.560 --> 12:17.600] I agree 100%. [12:17.600 --> 12:18.760] Okay. [12:18.760 --> 12:26.640] Now, if the transportation code was meant to apply to the people, that immediately creates [12:26.640 --> 12:33.040] a contradiction of that fact because the state is now saying that we have the authority to [12:33.040 --> 12:37.920] tell you how you can and cannot use your private property. [12:37.920 --> 12:40.620] You will use it only how we designate. [12:40.620 --> 12:46.680] You will pay all the taxes we designate you must pay before you can make that use of it, [12:46.680 --> 12:52.040] and then we have the right to remove your ownership ability and right to the use of [12:52.040 --> 12:56.160] that property if you won't do it the way we tell you. [12:56.160 --> 12:59.360] They can't remove the right, but they can remove the privilege. [12:59.360 --> 13:05.400] Well, Supreme Court has already stated that to remove the use of a property is the same [13:05.400 --> 13:07.560] as the seizure of the property itself. [13:07.560 --> 13:08.560] Yes. [13:08.560 --> 13:09.560] Okay. [13:09.560 --> 13:11.600] They seized all our property. [13:11.600 --> 13:12.600] Exactly. [13:12.600 --> 13:19.600] So, if the transportation code is made to apply to the private property of the people, [13:19.600 --> 13:22.840] then that means the people have no private property. [13:22.840 --> 13:23.840] That's right. [13:23.840 --> 13:26.000] Because the state... [13:26.000 --> 13:28.880] I found that out, and that's one of the things that led me to law. [13:28.880 --> 13:35.440] I had a big healthy barbecue pit trailer type stolen from me when it was found. [13:35.440 --> 13:37.240] That is a friend of mine found it. [13:37.240 --> 13:40.840] I called the law, met him out there, got it, and took it. [13:40.840 --> 13:45.320] That boy got probation for that, but I received no compensation. [13:45.320 --> 13:50.880] That told me that the owner of that property that I thought was mine received the compensation, [13:50.880 --> 13:52.440] and that went to the state. [13:52.440 --> 13:56.560] That told me that the barbecue pit that I'd worked real hard to build didn't belong to [13:56.560 --> 13:57.560] me. [13:57.560 --> 14:01.600] It belonged to the state because they received the compensation, and that was a blow. [14:01.600 --> 14:02.960] That woke me up. [14:02.960 --> 14:05.720] What compensation did they say they received? [14:05.720 --> 14:13.480] Well, they're receiving his payments and his time from the probation agreement. [14:13.480 --> 14:14.560] Right. [14:14.560 --> 14:21.480] And so, that would beg the question, if you file criminal charges and they reap the benefits, [14:21.480 --> 14:27.680] then you should have based your civil suit on that because you were entitled to compensation [14:27.680 --> 14:29.880] for the loss of your property. [14:29.880 --> 14:32.280] Well, I was compensated. [14:32.280 --> 14:37.680] I was compensated two new tires because the guy got caught dragging it back from the tire [14:37.680 --> 14:39.400] shop getting tires put on it. [14:39.400 --> 14:42.080] He was fixing to head out to A&M the next day. [14:42.080 --> 14:43.080] I'd have never seen it. [14:43.080 --> 14:48.400] I had my buddy of mine that watched me build it watch it go by in front of him. [14:48.400 --> 14:49.400] So we recovered it. [14:49.400 --> 14:56.960] All I needed the cops there for was to see me get my property back, and I'm out of there. [14:56.960 --> 14:58.120] So I got my property. [14:58.120 --> 14:59.120] I was happy. [14:59.120 --> 15:01.480] But like I say, that's what brought me to the law. [15:01.480 --> 15:03.280] That's what started me. [15:03.280 --> 15:07.720] That was the event that started me looking into the books. [15:07.720 --> 15:12.600] I wanted to find out how it was that someone else could get compensated for my loss. [15:12.600 --> 15:18.840] Well, the compensation thereafter is the societal contract compensation, basically. [15:18.840 --> 15:27.240] What we've done is we've given them the authority to punish an offender on our behalf. [15:27.240 --> 15:28.240] Okay? [15:28.240 --> 15:34.520] Now, we pay taxes in order to employ these people to see that that's done. [15:34.520 --> 15:40.000] Now, what I agree with is that when someone is found guilty of a crime and they are found [15:40.000 --> 15:44.520] to have monetary responsibility for their acts, that should be paid to the one they [15:44.520 --> 15:47.920] committed the offense against, not to the state. [15:47.920 --> 15:54.040] Because our taxes are what is supposed to support what they're doing to make that prosecution [15:54.040 --> 15:55.040] possible. [15:55.040 --> 15:57.040] Supposed to. [15:57.040 --> 16:02.320] But that just goes to prove that they are mismanaging the funds that they are given [16:02.320 --> 16:07.440] because they take taxes that are drawn for one purpose and they use them in other places [16:07.440 --> 16:12.120] instead of where they were designated for, which is another thing I think should be completely [16:12.120 --> 16:13.120] outlawed. [16:13.120 --> 16:14.120] Couldn't agree more. [16:14.120 --> 16:21.120] Well, folks, I'm going to get off the line and I know you all got a lot of callers. [16:21.120 --> 16:24.200] And I hate to hog it up, but thank you for the time you've given me. [16:24.200 --> 16:25.200] All right. [16:25.200 --> 16:26.200] Sure. [16:26.200 --> 16:27.200] What's the definition of Black's Law? [16:27.200 --> 16:31.280] Well, if you'll give me a minute, Deborah, I'll pull it up. [16:31.280 --> 16:32.280] Okay, good. [16:32.280 --> 16:35.560] Just for Randy, because it is defined in Black's Law. [16:35.560 --> 16:38.440] We're not making a big leap here. [16:38.440 --> 16:39.440] Yeah. [16:39.440 --> 16:43.200] Actually, I just used those definitions for a fellow the other night, so I'll have them [16:43.200 --> 16:44.200] here in just a second. [16:44.200 --> 16:45.200] Okay. [16:45.200 --> 16:46.200] Very good. [16:46.200 --> 16:47.200] Okay. [16:47.200 --> 16:48.840] Well, in the meantime, let's continue on. [16:48.840 --> 16:49.840] Okay. [16:49.840 --> 16:50.840] We got Rodney in Texas. [16:50.840 --> 16:51.840] He called back in. [16:51.840 --> 16:53.120] Rodney, thanks for calling back in. [16:53.120 --> 16:54.120] What's on your mind tonight? [16:54.120 --> 16:57.840] Well, good evening, folks. [16:57.840 --> 17:05.200] I had a real brief question, and it pertains to lawyers having malpractice insurance in [17:05.200 --> 17:08.200] the state of Texas. [17:08.200 --> 17:09.200] Go ahead. [17:09.200 --> 17:10.200] Yeah. [17:10.200 --> 17:11.200] I confronted. [17:11.200 --> 17:12.200] I won't say confronted. [17:12.200 --> 17:20.200] It wasn't that serial, but I called a company that supply insurance to lawyers here in the [17:20.200 --> 17:28.080] state of Texas that asked me a question, and I said, Texas law and lawyers required, all [17:28.080 --> 17:35.800] lawyers required to have insurance, and he said, no, as a matter of fact, 50% of the [17:35.800 --> 17:42.200] lawyers here in the state of Texas don't carry malpractice insurance. [17:42.200 --> 17:48.000] So I'm confused, and I'm trying to figure out is that true, because I listened real [17:48.000 --> 17:53.560] closely to Randy, and I didn't know how to respond. [17:53.560 --> 17:58.440] I was a little bit shocked when this gentleman told me that the lawyers are not required [17:58.440 --> 18:05.760] by law in the state of Texas to have malpractice insurance, nor are they required to even disclose [18:05.760 --> 18:14.120] that to a customer if they're concerned about, you know, a lawyer having malpractice insurance [18:14.120 --> 18:15.120] or being bonded. [18:15.120 --> 18:17.120] So can you guys help me out? [18:17.120 --> 18:24.720] I mean, is there a law that requires or not required them to have malpractice insurance? [18:24.720 --> 18:30.680] Actually, no one's required to have malpractice insurance, not even doctors. [18:30.680 --> 18:36.160] The problem with them not having it is if they do get sued and lose, they lose all of [18:36.160 --> 18:40.040] their personal assets, which is why they carry the insurance. [18:40.040 --> 18:43.240] But there's nothing that requires them to have it. [18:43.240 --> 18:44.240] Okay. [18:44.240 --> 18:51.600] Well, I thought I heard Randy say that by going after some of these crook lawyers... [18:51.600 --> 18:52.780] That's their bond. [18:52.780 --> 18:57.240] Their bond is a different insurance, and that's if they're public servants. [18:57.240 --> 18:58.240] Okay. [18:58.240 --> 19:02.800] You know, attorneys are not required to have malpractice insurance. [19:02.800 --> 19:04.400] Here's their problem. [19:04.400 --> 19:13.680] If they always intend to be in private practice, and they expect never to get sued, they're [19:13.680 --> 19:14.680] not. [19:14.680 --> 19:21.040] But if they ever have a problem in private practice, and they have half a dozen bar grievances [19:21.040 --> 19:27.280] against them, no law firm in their right mind would hire them. [19:27.280 --> 19:34.280] But as far as 50% not having malpractice insurance, not likely. [19:34.280 --> 19:38.600] But then again, lawyers really know how to protect their assets. [19:38.600 --> 19:40.080] Yeah. [19:40.080 --> 19:48.320] That was what I asked the guy, I said, I imagine that there's some type of LLC or something [19:48.320 --> 19:56.360] like that that these guys want to try to protect themselves, and he said probably, so... [19:56.360 --> 20:02.520] I'm sure that they know all about trusts and how to protect their assets and trusts. [20:02.520 --> 20:06.920] But even that only goes so far, it only goes to private assets. [20:06.920 --> 20:15.600] If you get a major lien against them, then they can never have anything of their own, [20:15.600 --> 20:19.320] nothing in their own name. [20:19.320 --> 20:24.300] And granted, nothing is a magic bullet. [20:24.300 --> 20:31.920] But from every lawyer I've ever talked to, bar grievances scared the bejesus out of them. [20:31.920 --> 20:34.480] Okay. [20:34.480 --> 20:41.240] If they get a, say you're an attorney in private practice and a major law firm likes your work, [20:41.240 --> 20:46.600] it makes you an offer that you can't pass up, and then they find one of your clients [20:46.600 --> 20:53.280] filed a half a dozen bar grievances against you, they can't hire you. [20:53.280 --> 21:00.720] Your history, they don't dare hire you, because if they get sued, whoever sues them is going [21:00.720 --> 21:04.640] to look at their past history and say, look, you got this attorney with a half a dozen [21:04.640 --> 21:10.400] law of bar grievances against you, look at the kind of attorneys you hire, they won't [21:10.400 --> 21:12.560] hire them. [21:12.560 --> 21:15.800] So it's not a magic bullet. [21:15.800 --> 21:22.920] And there are those who don't have malpractice insurance, however, with stacking bar grievances [21:22.920 --> 21:26.480] on them, it makes sure they can never get it. [21:26.480 --> 21:35.960] Okay, well, Eddie, you mentioned something earlier about a public servant or civil servant. [21:35.960 --> 21:40.880] Would that apply to a person who would be an assistant attorney general? [21:40.880 --> 21:45.800] Yeah, any public office is a public servant office. [21:45.800 --> 21:50.040] They're all required to be bonded and to have an oath of office, whether they're elected [21:50.040 --> 21:51.040] or appointed. [21:51.040 --> 21:55.080] Just wanted to make sure I was clear about that. [21:55.080 --> 22:02.520] Well, I really appreciate clearing that up for me, because I kind of misconstrued some [22:02.520 --> 22:09.200] things that I heard, and when I asked this gentleman about the insurance, he said, well, [22:09.200 --> 22:17.400] five years ago, the bar hired some legal firm, research firm, to research the lawyers here [22:17.400 --> 22:27.320] who have insurance, malpractice insurance, and 50% do, 50% don't. [22:27.320 --> 22:32.280] So I mean, take it for what it's worth. [22:32.280 --> 22:33.760] But I do thank you for your service. [22:33.760 --> 22:34.760] All right. [22:34.760 --> 22:35.760] Thank you, Ronnie. [22:35.760 --> 22:37.760] That's an interesting statistic. [22:37.760 --> 22:40.560] Deborah, I've got that info for you. [22:40.560 --> 22:41.560] Okay, great. [22:41.560 --> 22:42.560] All right. [22:42.560 --> 22:44.200] Let's go over a couple of things here real quick. [22:44.200 --> 22:46.160] We'll go with the basic definitions. [22:46.160 --> 22:52.120] Common carrier, Black's Law, 6th edition, page 275, a common carrier is any carrier [22:52.120 --> 22:57.160] required by law to convey freight without refusal if the approved fare or charge is [22:57.160 --> 22:58.160] paid. [22:58.160 --> 23:05.720] Now, to show you how they have changed this over time, contract carrier Black's Law at [23:05.720 --> 23:12.320] 325, a contract carrier is transportation company that carries for pay the goods of [23:12.320 --> 23:17.280] certain customers only as contrasted to a common carrier that carries the goods of the [23:17.280 --> 23:18.760] public in general. [23:18.760 --> 23:20.120] All right. [23:20.120 --> 23:28.120] Driver, Bouvier's, 1856, one employed in conducting, keyword being employed, a coach, [23:28.120 --> 23:31.520] carriage, wagon, or other vehicle. [23:31.520 --> 23:33.160] All right. [23:33.160 --> 23:38.520] Driver, one employed in conducting or operating a coach, carriage, wagon, or other vehicle, [23:38.520 --> 23:44.640] horses, mules, animals, bicycle, tricycle, or motor car, though not a street railroad [23:44.640 --> 23:45.640] car. [23:45.640 --> 23:47.120] All right. [23:47.120 --> 23:54.440] Now, passenger, Black's Law, 6th edition, in general, a person who gives compensation [23:54.440 --> 23:58.080] to another for transportation. [23:58.080 --> 24:08.040] Traffic, Black's 6th, commerce, trade, sale, or exchange of merchandise, bills, money, [24:08.040 --> 24:14.000] and the like, the passing or exchange of goods or commodities from one person to another [24:14.000 --> 24:19.840] for an equivalent in goods and money, the subjects of transportation on a route as persons [24:19.840 --> 24:27.000] or goods, the passing to and fro of persons, animals, vegetables, or vessels along a route [24:27.000 --> 24:28.000] of transportation. [24:28.000 --> 24:30.280] All right. [24:30.280 --> 24:37.400] And then we go down to transportation, Black's 6th, the movement of goods or persons from [24:37.400 --> 24:40.320] one place to another by a carrier. [24:40.320 --> 24:46.680] Now, Steve Skidmore, if you're still listening, transportation, 49 United States Code, Section [24:46.680 --> 24:54.520] 5102, item 12, transports or transportation means the movement of property and loading, [24:54.520 --> 25:00.200] unloading, or storage incidental to the movement. [25:00.200 --> 25:05.520] Transportation words and phrases, court case, state versus western transportation company, [25:05.520 --> 25:13.640] 43 Northwest 2nd, 739, where the judge, after giving his conclusion, goes on to give examples [25:13.640 --> 25:19.400] of transportation, all involving the movement of persons or goods for hire. [25:19.400 --> 25:27.640] All right, seems pretty clear to me. [25:27.640 --> 25:29.200] Not much conjecture there. [25:29.200 --> 25:30.200] Randy? [25:30.200 --> 25:31.200] No. [25:31.200 --> 25:32.200] Clear to me. [25:32.200 --> 25:33.200] Okay. [25:33.200 --> 25:34.200] Very good. [25:34.200 --> 25:35.200] All right, let's move on. [25:35.200 --> 25:36.200] I want to take a first-time caller now. [25:36.200 --> 25:37.200] We've got a lot of callers on the board, so I want to try to be as considerate as possible [25:37.200 --> 25:38.200] to everyone. [25:38.200 --> 25:39.200] We're going to go to Michael Anthony in New York, first-time caller. [25:39.200 --> 25:40.200] Thanks for calling in. [25:40.200 --> 25:41.200] Michael Anthony, what's on your mind tonight? [25:41.200 --> 25:42.200] God bless you guys. [25:42.200 --> 25:43.200] You're awesome. [25:43.200 --> 25:44.200] All three of you. [25:44.200 --> 25:45.200] Thanks. [25:45.200 --> 25:48.200] Boy, you're a long-time comment for what you guys are providing for the people. [25:48.200 --> 25:53.200] Before I get to my topic, going into this transportation, I'm a CDL driver, transportation [25:53.200 --> 25:54.200] driver. [25:54.200 --> 26:07.200] I listen to you guys on my laptop all the time, and I listen to your archives. [26:07.200 --> 26:10.200] I just can't get enough of you guys. [26:10.200 --> 26:11.200] Thanks. [26:11.200 --> 26:12.200] You're just so awesome. [26:12.200 --> 26:13.200] I'm in the process. [26:13.200 --> 26:20.200] I got Tim's DVDs, and I'm in the process of securing my party and going through the process. [26:20.200 --> 26:21.200] All right. [26:21.200 --> 26:27.200] First of all, before I get into that, on this traffic with the CDL driving for Steve, I [26:27.200 --> 26:28.200] caught that. [26:28.200 --> 26:30.200] I just caught part of what he was talking about. [26:30.200 --> 26:34.200] I talked to a DOT officer one time and a couple different people. [26:34.200 --> 26:40.200] When you are empty, when you are going home from a load and you don't have a load or you're [26:40.200 --> 26:45.200] bobtailing, they said that you are not involved in commerce, which you're not. [26:45.200 --> 26:50.200] And because I had a question about paying road taxes, I wasn't logging the miles. [26:50.200 --> 26:56.200] And therefore, according to the Department of Transportation that I spoke with out of New [26:56.200 --> 27:03.200] York State, they had said to me that I was not required to pay road taxes or to log it. [27:03.200 --> 27:10.200] So I don't know if they've changed the law since that time or not, but there is a difference when [27:10.200 --> 27:14.200] you have a load on the trailer as opposed to running empty. [27:14.200 --> 27:15.200] Yes, there is. [27:15.200 --> 27:22.200] And you'll look, it also specifically states if you have been off the clock in a rested state for [27:22.200 --> 27:28.200] eight or more hours, then you are considered traveling if you're unloaded or you're bobtail. [27:28.200 --> 27:31.200] You are not engaged in commerce. [27:31.200 --> 27:36.200] And according to what I understand from what I read, you're not required to log that in your logbook [27:36.200 --> 27:41.200] or anything because you're not actively engaging in the activity the logbook is made for. [27:41.200 --> 27:43.200] Absolutely. [27:43.200 --> 27:50.200] However, they did change the law from eight hours up to 11 hours of sleep. [27:50.200 --> 27:54.200] I don't know, we can drive 11 hours, but we've got to have 10 hours off duty. [27:54.200 --> 27:58.200] They bumped it up from eight to 10 off-duty hours. [27:58.200 --> 28:04.200] So we'd have to show that we were off duty for a full 10 hours in order to be off duty, [28:04.200 --> 28:09.200] to be able to drive and to seek that remedy. [28:09.200 --> 28:11.200] Okay. [28:11.200 --> 28:13.200] Okay, that's reasonable. [28:13.200 --> 28:18.200] Okay, the next thing I was after is I'm after my kids. [28:18.200 --> 28:20.200] I've got three children. [28:20.200 --> 28:25.200] They're 13, 11, and nine, two boys and a girl. [28:25.200 --> 28:27.200] They live with their mother. [28:27.200 --> 28:31.200] Now, this happened about seven years ago. [28:31.200 --> 28:39.200] Now, I was talking to a bunch of different people in the circle of friends that I have with the law, [28:39.200 --> 28:47.200] and one fellow said to me, he said, why can't you go after her under Title 18, Section 241, 242? [28:47.200 --> 28:51.200] And I says, no, because they're not a public officer, because it don't matter. [28:51.200 --> 29:00.200] She and her new husband had deprived me of my family, my home, all my possessions, and my children. [29:00.200 --> 29:03.200] And she's denying me the right to see my children. [29:03.200 --> 29:06.200] She's denying them the right to have a daddy in their life. [29:06.200 --> 29:11.200] She's denying them the opportunity to travel with me in the truck in the summertime, [29:11.200 --> 29:16.200] to see the country and to learn what life is really about and to get to know their dad, [29:16.200 --> 29:22.200] because they're half of me, they're half of her, and they don't know the half that they have with me. [29:22.200 --> 29:27.200] And she's mind-controlling these kids horrendously. [29:27.200 --> 29:31.200] And her new husband is the one that she booted me out for. [29:31.200 --> 29:35.200] They had to have me arrested, get me out of the home. [29:35.200 --> 29:37.200] That's your music going on. [29:37.200 --> 29:40.200] Yeah, yeah, we're going to break. Just stay on the line. [29:40.200 --> 29:41.200] Okay, thank you. [29:41.200 --> 29:44.200] And then we'll address this more on the other side. [29:44.200 --> 29:47.200] And callers, hang on the line. We're going to get to everyone tonight. [29:47.200 --> 29:51.200] We're going to get to all your calls. So just stay right there. [29:51.200 --> 29:58.200] This is the rule of law on ruleoflawradio.com. We'll be right back. [29:58.200 --> 30:03.200] Gold prices are at historic highs, and with the recent pullback, this is a great time to buy. [30:03.200 --> 30:07.200] With the value of the dollar, risks of inflation, geopolitical uncertainties, [30:07.200 --> 30:11.200] and instability in world financial systems, I see gold going up much higher. [30:11.200 --> 30:14.200] Hi, I'm Tim Fry at Roberts and Roberts Brokerage. [30:14.200 --> 30:18.200] Everybody should have some of their assets in investment-grade precious metals. [30:18.200 --> 30:22.200] At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence [30:22.200 --> 30:27.200] from a brokerage that's specialized in the precious metals market since 1977. [30:27.200 --> 30:31.200] If you are new to precious metals, we will happily provide you with the information [30:31.200 --> 30:35.200] you need to make an informed decision whether or not you choose to purchase from us. [30:35.200 --> 30:40.200] Also, Roberts and Roberts Brokerage values your privacy and will always advise you [30:40.200 --> 30:43.200] in the event that we would be required to report any transaction. [30:43.200 --> 30:48.200] If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment. [30:48.200 --> 31:01.200] Call us at 800-874-9760. We're Roberts and Roberts Brokerage, 800-874-9760. [31:18.200 --> 31:35.200] Okay, we are back. [31:35.200 --> 31:38.200] Randy Kelton, Deborah Stevens, and Eddie Craig. [31:38.200 --> 31:42.200] We are talking with Michael Anthony in New York. [31:42.200 --> 31:45.200] Okay, Michael, we need to move along pretty quickly. [31:45.200 --> 31:46.200] Okay. [31:46.200 --> 31:49.200] Go to a question. We've got lots of callers. [31:49.200 --> 31:55.200] Okay, would I be able to use Title 18 to go after her for depriving me and my children? [31:55.200 --> 31:56.200] No. [31:56.200 --> 31:57.200] I don't think so. [31:57.200 --> 31:59.200] It does not apply at all. [31:59.200 --> 32:02.200] It only applies to public officials. [32:02.200 --> 32:04.200] It's the Ku Klux Klan Act. [32:04.200 --> 32:12.200] It was very specifically designed to address improprieties by public officials [32:12.200 --> 32:15.200] to kind of epitomize what it meant. [32:15.200 --> 32:22.200] Senator Trumbull in 1867 stood on the Senate floor and said in the South different punishments are flowing [32:22.200 --> 32:25.200] from the same crimes if you were white or if you were black. [32:25.200 --> 32:29.200] And that was the purpose of the Ku Klux Klan Act. [32:29.200 --> 32:35.200] He said the arrest and prosecution of a couple of officials in the South, [32:35.200 --> 32:43.200] preferably high-level officials, will serve to put an end to this whole sordid business. [32:43.200 --> 32:46.200] So it was clearly directed at public officials. [32:46.200 --> 32:51.200] There are remedies for private citizens who violate law. [32:51.200 --> 32:53.200] This was a special remedy only for public officials. [32:53.200 --> 32:55.200] There's no way to apply. [32:55.200 --> 32:56.200] Okay. [32:56.200 --> 33:01.200] Is there anything you can think of in the criminal law that I could use? [33:01.200 --> 33:04.200] From what you said, I don't see anything criminal. [33:04.200 --> 33:06.200] This goes to family law. [33:06.200 --> 33:09.200] Did she get custody? [33:09.200 --> 33:10.200] Yes. [33:10.200 --> 33:14.200] And what, is she just refusing you your visitation? [33:14.200 --> 33:16.200] Well, I do get some visitation. [33:16.200 --> 33:20.200] It's been almost seven years, and I only get eight hours every other weekend. [33:20.200 --> 33:26.200] Is that according to the modification, to the divorce decree or the custody arrangement? [33:26.200 --> 33:28.200] Well, we were never married by the law. [33:28.200 --> 33:29.200] Okay. [33:29.200 --> 33:32.200] So even if you were never married, even if you were never married by the law, [33:32.200 --> 33:38.200] generally there are court papers outlining the visitation and the custody arrangements. [33:38.200 --> 33:39.200] Yes. [33:39.200 --> 33:43.200] If you had three children together, you were common law married. [33:43.200 --> 33:44.200] Yeah. [33:44.200 --> 33:46.200] It doesn't recognize common law. [33:46.200 --> 33:48.200] My children don't even have birth certificates. [33:48.200 --> 33:49.200] That doesn't really matter. [33:49.200 --> 33:55.200] I mean, they could have never lived together ever and just been seeing each other and have children together. [33:55.200 --> 34:03.200] So whether you were married or not or whether you were common law married or not really doesn't matter one iota when it comes to child custody. [34:03.200 --> 34:11.200] Generally, there are court documents that are in place defining visitation and the custody arrangement [34:11.200 --> 34:14.200] and who gets to make the medical decisions and stuff like that. [34:14.200 --> 34:16.200] Do you have that in place? [34:16.200 --> 34:23.200] Yeah, she has all that, and that's one of the reasons why I want to secure my children to protect them from all these vaccination shots. [34:23.200 --> 34:31.200] Then you'll probably have to call, you're going to have to file court paperwork to modify those documents, to have those documents modified. [34:31.200 --> 34:35.200] Wait a minute. [34:35.200 --> 34:38.200] Is the child's mother a drug addict? [34:38.200 --> 34:40.200] No, not to my knowledge. [34:40.200 --> 34:43.200] Does she have an extensive criminal history? [34:43.200 --> 34:46.200] No, but she was an alcoholic. [34:46.200 --> 34:48.200] But she was never arrested for it. [34:48.200 --> 34:55.200] Is there any child protective services issues? [34:55.200 --> 34:58.200] Yes. [34:58.200 --> 35:03.200] Okay, they have to be very serious. [35:03.200 --> 35:18.200] If she's not a drug addict and she's not in serious emotional jeopardy, the likelihood of you getting those children from her is somewhere between little and none. [35:18.200 --> 35:19.200] I don't know. [35:19.200 --> 35:21.200] These days it's a lot different. [35:21.200 --> 35:27.200] I know fathers who have gotten custody of their kids and there was nothing wrong with the mother at all. [35:27.200 --> 35:29.200] Unless you have a lot of money. [35:29.200 --> 35:31.200] No, this person didn't have any money. [35:31.200 --> 35:32.200] They went pro se. [35:32.200 --> 35:37.200] Look, we get people all of the time getting screwed right up. [35:37.200 --> 35:43.200] You're looking at the possibility of spending every single dime you can get your hands on. [35:43.200 --> 35:48.200] I would suggest looking to see if there's any men and fathers resource centers in your area. [35:48.200 --> 35:52.200] That's what my friend went to, and it didn't cost him anything. [35:52.200 --> 35:57.200] And there are attorneys who do community service who will help people like this. [35:57.200 --> 36:02.200] Have you attempted to negotiate with the children's mother? [36:02.200 --> 36:03.200] She won't even speak with me. [36:03.200 --> 36:05.200] She won't even speak with me. [36:05.200 --> 36:07.200] She says, no, absolutely not. [36:07.200 --> 36:09.200] And it's all because of her new husband. [36:09.200 --> 36:13.200] He's the one that's putting a cog and a wrench into the wheel. [36:13.200 --> 36:17.200] Well, are the children well cared for? [36:17.200 --> 36:20.200] No. [36:20.200 --> 36:23.200] How are they not well cared for? [36:23.200 --> 36:28.200] My oldest son, he's 13, and when he gets out of school after school, he doesn't even go home. [36:28.200 --> 36:30.200] He runs the streets with his friends. [36:30.200 --> 36:33.200] Every weekend he's downtown with his friends. [36:33.200 --> 36:37.200] Are the parents now alcoholics? [36:37.200 --> 36:39.200] Yeah, I don't know. [36:39.200 --> 36:40.200] They drink. [36:40.200 --> 36:43.200] Yeah, I would categorize them as alcoholics. [36:43.200 --> 36:46.200] Yeah, but you have to be able to document it. [36:46.200 --> 36:59.200] You're going to have a real hard time getting any judge to take a child out of what appears to be a relatively stable home environment. [36:59.200 --> 37:00.200] Right. [37:00.200 --> 37:04.200] Well, depending on how old the child is, in some states it's different from others. [37:04.200 --> 37:06.200] I think in Texas it's 12 years old. [37:06.200 --> 37:12.200] The judge will generally put the child in whichever home the child wants to be in. [37:12.200 --> 37:18.200] So if you can get your 13-year-old to sign off affidavit saying he wants to be with you, [37:18.200 --> 37:22.200] then you have a high likelihood of getting at least your oldest son. [37:22.200 --> 37:25.200] Are you an over-the-road driver? [37:25.200 --> 37:31.200] At the present time I am, but I've been going from job to job since I lost my truck, my own tractor. [37:31.200 --> 37:34.200] How much time do you spend at home? [37:34.200 --> 37:40.200] I'm home every weekend for sure, and right now maybe a couple times a week. [37:40.200 --> 37:41.200] No chance. [37:41.200 --> 37:45.200] Yeah, that throws a whole different light on the situation. [37:45.200 --> 37:46.200] Right. [37:46.200 --> 37:47.200] I don't have to change the line of work. [37:47.200 --> 37:48.200] I know that. [37:48.200 --> 37:49.200] I realize that. [37:49.200 --> 37:53.200] In that case, the judge is not going to care about the mother. [37:53.200 --> 37:58.200] He's not going to care about you one iota. [37:58.200 --> 38:06.200] If I cause too many problems, I've got to hold the child protection because the stepfather was taking showers with my daughter. [38:06.200 --> 38:08.200] How old is your daughter? [38:08.200 --> 38:11.200] Child protection, and they wouldn't even do anything about it. [38:11.200 --> 38:13.200] How old is the daughter? [38:13.200 --> 38:16.200] Right now she's just turned nine. [38:16.200 --> 38:17.200] Okay. [38:17.200 --> 38:28.200] Unless there's an allegation of molestation, nine is kind of before they have any concept of sex. [38:28.200 --> 38:29.200] No, that's BS. [38:29.200 --> 38:33.200] Nine is way too old to be taking showers with a father or a stepfather. [38:33.200 --> 38:34.200] All right. [38:34.200 --> 38:35.200] It's still iffy. [38:35.200 --> 38:36.200] That's not iffy. [38:36.200 --> 38:39.200] That is way over the line. [38:39.200 --> 38:43.200] Can you document that, or is that just an accusation? [38:43.200 --> 38:44.200] No. [38:44.200 --> 38:45.200] My daughter told me about it. [38:45.200 --> 38:49.200] In fact, she wanted to try to commit suicide over it, as young as she is. [38:49.200 --> 38:51.200] That's different. [38:51.200 --> 38:54.200] Is the court aware of that? [38:54.200 --> 39:01.200] She told her teachers in school about it, and nothing seemed to ever get done about it. [39:01.200 --> 39:05.200] There was no police report filed over the accusation or anything else? [39:05.200 --> 39:08.200] No. [39:08.200 --> 39:11.200] Okay, there's a problem here. [39:11.200 --> 39:12.200] Yes. [39:12.200 --> 39:21.200] Within almost every divorce, allegations of child molestation are the first thing you bring up. [39:21.200 --> 39:22.200] It's the first thing. [39:22.200 --> 39:25.200] So this is going to cause a problem. [39:25.200 --> 39:30.200] The problem is, attorneys bring this up as a matter of course. [39:30.200 --> 39:35.200] When has it been since the mothers had custody of the kids? [39:35.200 --> 39:36.200] Seven years. [39:36.200 --> 39:38.200] Okay, so this is seven years. [39:38.200 --> 39:42.200] This isn't when in every divorce case there's allegations of child molestation. [39:42.200 --> 39:44.200] It's the first thing that comes up. [39:44.200 --> 39:47.200] This has been seven years that they've been separated. [39:47.200 --> 39:50.200] The daughter is nine. [39:50.200 --> 39:53.200] This is something that has just recently occurred. [39:53.200 --> 39:55.200] The mother had custody of the kids seven years ago. [39:55.200 --> 39:58.200] This is a serious situation. [39:58.200 --> 40:02.200] This is not just a case of mudslinging in a divorce case. [40:02.200 --> 40:03.200] Right. [40:03.200 --> 40:04.200] Okay. [40:04.200 --> 40:07.200] That wasn't what I was saying. [40:07.200 --> 40:11.200] I'm talking about the hill you have to climb over. [40:11.200 --> 40:14.200] Well, there's already been reports to CBS. [40:14.200 --> 40:17.200] The child has told the teacher. [40:17.200 --> 40:19.200] Every divorce gets those reports. [40:19.200 --> 40:20.200] So what? [40:20.200 --> 40:21.200] This isn't a divorce. [40:21.200 --> 40:23.200] She's had the kids for seven years. [40:23.200 --> 40:27.200] Every separation gets those allegations. [40:27.200 --> 40:30.200] How does the judge separate the real ones from the false ones? [40:30.200 --> 40:33.200] When he gets them on every single one. [40:33.200 --> 40:34.200] Okay, well. [40:34.200 --> 40:36.200] I'm not talking about whether it's right or wrong. [40:36.200 --> 40:40.200] I'm just saying that this is something that is old. [40:40.200 --> 40:44.200] I mean, the case was settled seven years ago. [40:44.200 --> 40:49.200] I mean, I personally haven't seen a lot of cases like this where seven years down the line, [40:49.200 --> 40:53.200] all of a sudden out of the blue there's a molestation charge. [40:53.200 --> 40:58.200] Generally, that stuff comes out at the beginning, like you're saying, in a mudslinging battle. [40:58.200 --> 41:02.200] Well, how long have you been trying to get your kids back? [41:02.200 --> 41:07.200] From day one. [41:07.200 --> 41:08.200] I've been in court so many times. [41:08.200 --> 41:11.200] I've been arrested so many times over this. [41:11.200 --> 41:14.200] I mean, he just said the daughter tried to commit suicide over it. [41:14.200 --> 41:15.200] Yeah. [41:15.200 --> 41:17.200] She was going frantic for a while. [41:17.200 --> 41:19.200] And I talked her out of it. [41:19.200 --> 41:22.200] And I seemed to calm her down some. [41:22.200 --> 41:24.200] I mean, the kid is telling the teachers. [41:24.200 --> 41:33.200] So that's a way different kind of situation than a toddler who can't think or speak for themselves. [41:33.200 --> 41:36.200] Have you been to the police with the accusation? [41:36.200 --> 41:37.200] No, I did not. [41:37.200 --> 41:44.200] Better yet, have you gone and spoken to the teachers and had them sign affidavits that this is what was reported to them by the child? [41:44.200 --> 41:45.200] No. [41:45.200 --> 41:46.200] Wait a minute. [41:46.200 --> 41:48.200] You haven't been to the police? [41:48.200 --> 41:50.200] No, I didn't go to the police. [41:50.200 --> 41:53.200] Why not? [41:53.200 --> 41:56.200] I went right to the child protection services. [41:56.200 --> 42:01.200] And they said unless she was molested, there's nothing that they could do. [42:01.200 --> 42:03.200] And they said to me, was she molested? [42:03.200 --> 42:05.200] And I said, I don't have any idea. [42:05.200 --> 42:06.200] I don't think so. [42:06.200 --> 42:08.200] She didn't say she was. [42:08.200 --> 42:09.200] However. [42:09.200 --> 42:10.200] Okay. [42:10.200 --> 42:11.200] It may seem important. [42:11.200 --> 42:13.200] It's a molestation. [42:13.200 --> 42:17.200] No, that's a conclusion. [42:17.200 --> 42:27.200] Well, however you want to look at it, a grown man taking a shower with a nine-year-old girl is molesting, even if he didn't put a hand on her, period. [42:27.200 --> 42:30.200] All I know is she's scared to death of this guy. [42:30.200 --> 42:34.200] Well, that's a good indication there's something else going on there. [42:34.200 --> 42:35.200] That was my question. [42:35.200 --> 42:37.200] Why is she scared to death of him? [42:37.200 --> 42:40.200] Because she's afraid he's going to make her take a shower with him again. [42:40.200 --> 42:41.200] That's why. [42:41.200 --> 42:43.200] I'd be terrified too. [42:43.200 --> 42:47.200] Well, he could be threatening her if he is doing something to her also. [42:47.200 --> 42:48.200] That too. [42:48.200 --> 42:50.200] Of what he might do if she informs somebody. [42:50.200 --> 42:53.200] Well, just even if it's nothing more than a shower, I would be terrified. [42:53.200 --> 42:55.200] I'd be trying to kill myself too. [42:55.200 --> 42:57.200] I know what it was like to be a nine-year-old. [42:57.200 --> 43:01.200] Nine-year-old girls are stupid, okay? [43:01.200 --> 43:06.200] They know exactly what's going on. [43:06.200 --> 43:09.200] Oh, yes, she's very intelligent, very highly intelligent. [43:09.200 --> 43:17.200] And I got a chat from someone who is also one of our producers is saying maybe you should get some affidavits from some of these teachers. [43:17.200 --> 43:19.200] Yeah, that's what I was just saying. [43:19.200 --> 43:26.200] Go to the teachers and have them sign affidavits that they've had this reported to them by your daughter. [43:26.200 --> 43:30.200] Get yourself some documentation. [43:30.200 --> 43:31.200] Okay. [43:31.200 --> 43:32.200] Yeah. [43:32.200 --> 43:33.200] That's possible. [43:33.200 --> 43:40.200] That's going to help you more than anything is documentation from the teachers. [43:40.200 --> 43:48.200] And every time they try to tell their mother they want to live with me, she says you mention that again and you won't ever see your dad. [43:48.200 --> 43:57.200] Well, the only way you're really going to get custody is, you know, like I said, I would suggest going to the Men and Fathers Resource Center in your area. [43:57.200 --> 44:05.200] You have lawyers that will help you draw up the documents and get affidavits from these teachers. [44:05.200 --> 44:13.200] And you're going to have to change your line of work to provide a more stable home and then you may have a chance. [44:13.200 --> 44:14.200] Right, right. [44:14.200 --> 44:15.200] Okay. [44:15.200 --> 44:17.200] That jurisdictionary program is excellent. [44:17.200 --> 44:24.200] I used it in two contempt sightings and child support payments because I was out of work for a while. [44:24.200 --> 44:31.200] And I was spending quite a bit of time and I used that jurisdictionary pro se and I tore apart her complaint with three lawyers. [44:31.200 --> 44:35.200] She had three lawyers and I beat them right to the ground with it. [44:35.200 --> 44:36.200] Yeah. [44:36.200 --> 44:37.200] It worked out really well. [44:37.200 --> 44:48.200] Yeah, I would definitely go for the affidavits from the teachers because if she's telling her teachers these things and you're totally out of the loop, so that obviously shows that there is something going on. [44:48.200 --> 44:57.200] Let's see, three lawyers against one truck driver, those lawyers with jurisdictionary, those lawyers are out of their league. [44:57.200 --> 45:00.200] Yeah, really. [45:00.200 --> 45:05.200] Okay, well listen, Mark, we need to move on because we've got a whole lot of callers. [45:05.200 --> 45:06.200] Okay, very good. [45:06.200 --> 45:08.200] Can I put them on my secured party? [45:08.200 --> 45:12.200] Can I put them on my UCC3? [45:12.200 --> 45:13.200] Who's them? [45:13.200 --> 45:16.200] My children, my three children. [45:16.200 --> 45:20.200] Not if you don't have custody, I don't think. [45:20.200 --> 45:23.200] You may want to call in and ask the Agenda 21 guys about that. [45:23.200 --> 45:24.200] Right. [45:24.200 --> 45:40.200] What they've done is they know people who have filed UCC1 forms on their child's straw man, where you put your child's straw man as the debtor and your upper lowercase name is a secured party on UCC1. [45:40.200 --> 45:41.200] That's how some people have gone about it. [45:41.200 --> 45:44.200] So require other UCC1 forms. [45:44.200 --> 45:46.200] Okay, I'll talk to Greg and I'll call him. [45:46.200 --> 45:47.200] Okay, great. [45:47.200 --> 45:48.200] Okay, God bless you guys. [45:48.200 --> 45:49.200] Thank you very much. [45:49.200 --> 45:50.200] Appreciate it. [45:50.200 --> 45:51.200] Keep up the good work. [45:51.200 --> 45:52.200] All right, thank you. [45:52.200 --> 45:53.200] Okay, bye-bye. [45:53.200 --> 45:54.200] Bye-bye. [45:54.200 --> 46:02.200] Yeah, however you want to call it, molestation, indecency with a child, I mean, I'm sorry, a grown man taking a shower with a nine-year-old, that is not borderline. [46:02.200 --> 46:06.200] Okay, that is anything but borderline. [46:06.200 --> 46:12.200] All right, we're going to move on now to Brian in Pennsylvania. [46:12.200 --> 46:14.200] Brian, thanks for calling in. [46:14.200 --> 46:17.200] What's on your mind tonight? [46:17.200 --> 46:18.200] I'm sorry. [46:18.200 --> 46:21.200] He just – okay, there he is. [46:21.200 --> 46:22.200] Brian, thanks for calling in. [46:22.200 --> 46:24.200] What's on your mind tonight? [46:24.200 --> 46:25.200] Hi there. [46:25.200 --> 46:26.200] Good broadcast tonight. [46:26.200 --> 46:27.200] Oh, thank you. [46:27.200 --> 46:28.200] Yeah. [46:28.200 --> 46:33.200] Nine-year-old is too old for a shower with male females. [46:33.200 --> 46:36.200] Yeah. [46:36.200 --> 46:41.200] Maybe five after that, they start to get too conscious and that's not respected. [46:41.200 --> 46:42.200] That's ridiculous. [46:42.200 --> 46:44.200] I can't believe – it's ridiculous. [46:44.200 --> 46:46.200] I can't believe the mother would even let that happen. [46:46.200 --> 46:47.200] Ludicrous. [46:47.200 --> 46:52.200] Anyway, something really kind of fun happened to me today. [46:52.200 --> 47:03.200] I opened my mailbox and the motion that I filed in court the other day came back to me with – it was crossed out. [47:03.200 --> 47:14.200] There's like a – it looks kind of like a Z and at the bottom of the Z there's an X, so it's like a two with an X where the judge just crossed out over my motion [47:14.200 --> 47:27.200] and sent it back to me with the two self-addressed stamped envelopes that I wanted him to send to the, you know, opposing party and myself with the order. [47:27.200 --> 47:28.200] Wait a minute. [47:28.200 --> 47:30.200] What does that mean? [47:30.200 --> 47:33.200] That's what I was thinking. [47:33.200 --> 47:35.200] I mean, I don't know what you're talking about here. [47:35.200 --> 47:39.200] Does that mean that he didn't file it in the court? [47:39.200 --> 47:43.200] It stamped. [47:43.200 --> 47:49.200] So what does the two – or the Z with the X mean? [47:49.200 --> 47:50.200] Do you have any idea what that's about? [47:50.200 --> 47:51.200] Yeah, he's just crossing it out. [47:51.200 --> 47:54.200] He's like, I can't see this. [47:54.200 --> 47:57.200] What was the nature of the document? [47:57.200 --> 47:58.200] It was a cross complaint. [47:58.200 --> 48:03.200] I have to file it as a cross complaint in Magisterial Court in Pennsylvania here. [48:03.200 --> 48:04.200] Oh, not a cross. [48:04.200 --> 48:06.200] Counter. [48:06.200 --> 48:07.200] Well, it says cross. [48:07.200 --> 48:10.200] Unless you're filing against a third party. [48:10.200 --> 48:13.200] Well, it says cross on the rules of court, so that's what I went with. [48:13.200 --> 48:14.200] Oh, no. [48:14.200 --> 48:15.200] Okay. [48:15.200 --> 48:16.200] They're wording. [48:16.200 --> 48:17.200] Are there two? [48:17.200 --> 48:18.200] Okay. [48:18.200 --> 48:23.200] A counter complaint, if somebody sues you, then you can counter-sue them. [48:23.200 --> 48:30.200] If, say, someone sues you and someone else, and you say, well, the other party caused all of this, [48:30.200 --> 48:38.200] so you can cross-complain against that one of the litigants, one of the defendants. [48:38.200 --> 48:45.200] Right, I understand, but pursuant to Pennsylvania rules of civil procedure, [48:45.200 --> 48:52.200] Magisterial District judges 315, a cross complaint has to be filed. [48:52.200 --> 48:56.200] So they just name it different in Pennsylvania. [48:56.200 --> 48:57.200] Okay. [48:57.200 --> 49:04.200] Did Judge, what did he do, not allow you to file a cross complaint? [49:04.200 --> 49:09.200] No, there's actually a quite attractive, relatively same age as me young lady, [49:09.200 --> 49:15.200] Stanton took it from me, and that was, what, three days ago, [49:15.200 --> 49:21.200] and now it just came back into my little plastic box that's outside my house. [49:21.200 --> 49:28.200] So have you gone to the court to see if your cross complaint is still in the court record? [49:28.200 --> 49:30.200] Did he send you the originals? [49:30.200 --> 49:32.200] Yes, that's my point. [49:32.200 --> 49:38.200] Yeah, you need to file criminally against the judge. [49:38.200 --> 49:41.200] Well, I'm going to go to the hearing next Thursday. [49:41.200 --> 49:42.200] It was rescheduled. [49:42.200 --> 49:43.200] It was supposed to be Monday. [49:43.200 --> 49:46.200] We'll see. [49:46.200 --> 49:51.200] Well, Pennsylvania is a commonwealth, and I realize that commonwealths are pretty screwed up, [49:51.200 --> 49:57.200] but even in a commonwealth, you have the right to petition the court for redress of grievance. [49:57.200 --> 50:01.200] This goes right straight to the Fourth Amendment. [50:01.200 --> 50:10.200] Well, not only that, the docket has the original complaint filed, you know, by the third party, [50:10.200 --> 50:15.200] and that was accepted, and I imagine still on record. [50:15.200 --> 50:18.200] What was the nature of the original complaint? [50:18.200 --> 50:20.200] Civil or criminal? [50:20.200 --> 50:23.200] Civil. [50:23.200 --> 50:29.200] So someone filed a civil against you, and the judge won't let you countersuit? [50:29.200 --> 50:30.200] Well, it's not a countersuit. [50:30.200 --> 50:33.200] It's a counter complaint, more or less. [50:33.200 --> 50:35.200] Well, that's what a complaint is. [50:35.200 --> 50:37.200] A complaint is a suit. [50:37.200 --> 50:38.200] Well, right, right. [50:38.200 --> 50:44.200] Are you alleging damages against you? [50:44.200 --> 50:48.200] No, I was telling them that they don't have jurisdiction. [50:48.200 --> 50:49.200] Oh, okay. [50:49.200 --> 50:54.200] That's not a countersuit complaint, and that's a challenge to the jurisdiction. [50:54.200 --> 50:57.200] Well, I say that also, but that's after. [50:57.200 --> 51:02.200] Okay, and he sent back the challenge to the jurisdiction? [51:02.200 --> 51:11.200] Was there a structural or a deficiency in form or substance? [51:11.200 --> 51:15.200] Well, I'll have to find out Thursday, but as I could tell, no, [51:15.200 --> 51:21.200] because a very similar was accepted in the court of common police. [51:21.200 --> 51:22.200] Well, that's interesting. [51:22.200 --> 51:34.200] If he directed the clerk to send it back to you, then file against the clerk, [51:34.200 --> 51:37.200] because you don't care what the judge said. [51:37.200 --> 51:42.200] The clerk's the one that has the duty here, and the judge has no authority [51:42.200 --> 51:51.200] to deny your right to petition the court for redress agreements. [51:51.200 --> 51:57.200] File against the clerk, and she'll use the standard Nuremberg defense. [51:57.200 --> 51:59.200] Oh, I'm just following orders. [51:59.200 --> 52:06.200] Yeah, but you're the elected clerk, and nobody gives you orders but the legislature. [52:06.200 --> 52:09.200] The clerk's saying they have to listen to the judges. [52:09.200 --> 52:11.200] Right, but what happens with the rest of this case, [52:11.200 --> 52:16.200] because that would then be another docket. [52:16.200 --> 52:20.200] Well, that'd be criminal charges against the clerk. [52:20.200 --> 52:27.200] And then I would petition to the, what's next in Pennsylvania, Supreme Court? [52:27.200 --> 52:29.200] No, court of common police. [52:29.200 --> 52:30.200] Court of common police. [52:30.200 --> 52:31.200] No, that's the first one. [52:31.200 --> 52:33.200] What's after the court of common police? [52:33.200 --> 52:35.200] I'm before that even. [52:35.200 --> 52:37.200] This is Magisterio. [52:37.200 --> 52:39.200] I think there's a district court, [52:39.200 --> 52:45.200] and then the Supreme Court comes early in Pennsylvania, I believe. [52:45.200 --> 52:47.200] Oh, no, that's New York. [52:47.200 --> 52:48.200] Superior, Superior. [52:48.200 --> 52:50.200] That's right, Superior Court. [52:50.200 --> 52:54.200] In New York, the first court you go to is the Supreme Court. [52:54.200 --> 52:56.200] It always made me nuts trying to figure that out. [52:56.200 --> 53:02.200] Okay, yeah, you'd go to the Superior Court with a petition of written mandamus, [53:02.200 --> 53:09.200] directing the clerk to file your pleadings and directing the judge to hear the pleadings. [53:09.200 --> 53:14.200] And I would certainly move to disqualify the judge. [53:14.200 --> 53:17.200] That would be a lot to do before Thursday. [53:17.200 --> 53:23.200] I'd almost rather just hand four copies around the court that day, [53:23.200 --> 53:27.200] and then they're all served in open court and too late. [53:27.200 --> 53:31.200] Yeah. [53:31.200 --> 53:32.200] Okay. [53:32.200 --> 53:34.200] That's kind of what I was thinking. [53:34.200 --> 53:41.200] It seems pretty blatant due process violation for a judge to deny you your right to file a pleading. [53:41.200 --> 53:52.200] I would certainly want to put in a motion to refuse, at the very least. [53:52.200 --> 53:55.200] Quite odd, but I was almost honored. [53:55.200 --> 54:01.200] I walked into my house with a smile on my face, in disbelief, I suppose. [54:01.200 --> 54:05.200] Yeah, I was a little shocked. [54:05.200 --> 54:08.200] It may give you a good shot at the judge. [54:08.200 --> 54:09.200] Pardon? [54:09.200 --> 54:12.200] It may give you a good shot at the judge. [54:12.200 --> 54:13.200] Okay, we've got lots of callers. [54:13.200 --> 54:16.200] Do you have any other questions or comments? [54:16.200 --> 54:17.200] I thought you guys would like that. [54:17.200 --> 54:19.200] I wanted to hear your insight. [54:19.200 --> 54:21.200] All right, excellent. [54:21.200 --> 54:22.200] All righty. [54:22.200 --> 54:24.200] All right, thank you, Brian. [54:24.200 --> 54:26.200] Yeah, thanks for your comments about the nine-year-old, too. [54:26.200 --> 54:31.200] Yeah, I think in general, for maybe a lot of us, it's been so long since we were a child, [54:31.200 --> 54:34.200] we forget how aware that we ourselves were. [54:34.200 --> 54:36.200] I remember being in junior high very clearly. [54:36.200 --> 54:39.200] I remember being nine years old very clearly. [54:39.200 --> 54:44.200] All right, and when I was nine, me and my friends were already wearing makeup and shaving our legs [54:44.200 --> 54:51.200] and passing love notes back and forth to the boys in the classroom, so you know for sure. [54:51.200 --> 54:58.200] And the other thing is if the child feels traumatized, if the child believes it's inappropriate, it's inappropriate. [54:58.200 --> 55:04.200] And who are we to say, oh, well, nine, that's, you know, borderline or iffy? [55:04.200 --> 55:08.200] No, if the child thinks it's inappropriate, then it damn well is inappropriate. [55:08.200 --> 55:10.200] So we really do have to listen to people. [55:10.200 --> 55:14.200] All right, we have to listen to the kids because they're really just young adults anyway. [55:14.200 --> 55:17.200] All right, and thank you for your comments on that, Brian. [55:17.200 --> 55:20.200] Okay, I'm going to go down to Kim in Texas. [55:20.200 --> 55:21.200] Kim, thanks for calling in. [55:21.200 --> 55:23.200] What's on your mind tonight? [55:23.200 --> 55:29.200] Yes, I called in last night about the unnecessary use of horn ticket. [55:29.200 --> 55:31.200] Oh, right, right. [55:31.200 --> 55:38.200] Yes, and I was wondering should I appeal that or because I already had a jury trial and they found me guilty, [55:38.200 --> 55:43.200] but they slapped me with a $35 charge, lowered it, but they didn't know I had to pay court costs. [55:43.200 --> 55:44.200] That's $236. [55:44.200 --> 55:46.200] Wait a minute, wait a minute. [55:46.200 --> 55:49.200] Did the jury assess court costs? [55:49.200 --> 55:50.200] No. [55:50.200 --> 55:52.200] Then you don't pay court costs. [55:52.200 --> 55:54.200] But the judge said I had to. [55:54.200 --> 55:55.200] Screw the judge. [55:55.200 --> 56:02.200] The last time the judge told me that, I told him when you get the jury to assess court costs, I pay court costs. [56:02.200 --> 56:04.200] Don't pay court costs. [56:04.200 --> 56:05.200] Okay. [56:05.200 --> 56:06.200] The jury has to assess it. [56:06.200 --> 56:14.200] And do you think, you said something about jurisdiction last night, do you think I should appeal the case or? [56:14.200 --> 56:21.200] It depends if you want to use this as an education tool. [56:21.200 --> 56:24.200] I mean, it's $35. [56:24.200 --> 56:25.200] Yes. [56:25.200 --> 56:30.200] If you're interested in learning law, this is the cheapest way you can do it. [56:30.200 --> 56:33.200] Okay. [56:33.200 --> 56:34.200] What do you have to lose? [56:34.200 --> 56:36.200] $35. [56:36.200 --> 56:38.200] Appeal it, I have to pay $473. [56:38.200 --> 56:40.200] $35 is what my- [56:40.200 --> 56:44.200] To appeal it, you have to pay $70, double the amount of the fines. [56:44.200 --> 56:49.200] It says right here, it says the appeal bond amount in this case is $473. [56:49.200 --> 56:50.200] That is false. [56:50.200 --> 56:55.200] The appeal bond, according to the statute, is double the amount of the fine. [56:55.200 --> 56:57.200] That's in Texas though, Randy. [56:57.200 --> 56:59.200] Yes, she's in Williamson County. [56:59.200 --> 57:00.200] Okay. [57:00.200 --> 57:08.200] But that's why, oh, that's why he, how do I appeal that he gave me court costs then? [57:08.200 --> 57:12.200] The appeal bond doesn't include court costs. [57:12.200 --> 57:15.200] It's double the amount of the fine. [57:15.200 --> 57:18.200] Correct, but he charged me with the court costs. [57:18.200 --> 57:19.200] He went ahead and- [57:19.200 --> 57:22.200] Filed criminal charges against the judge. [57:22.200 --> 57:23.200] Okay. [57:23.200 --> 57:25.200] That's a hoot. [57:25.200 --> 57:28.200] Criminal charges against the judge, okay. [57:28.200 --> 57:30.200] Yes. [57:30.200 --> 57:33.200] And if I appeal this case, I have to go before a jury again? [57:33.200 --> 57:38.200] No, you can go before a county court, you can go before the county judge. [57:38.200 --> 57:40.200] Go before the county judge, okay. [57:40.200 --> 57:46.200] You could move first for, let me think, what should you do first? [57:46.200 --> 57:49.200] Since it was a jury, you can't move for reconsideration. [57:49.200 --> 57:54.200] Yeah, the only thing to do is move for an appeal. [57:54.200 --> 58:00.200] Is the Williamson County Municipal Court, is this Georgetown? [58:00.200 --> 58:03.200] Yeah, it's round off. [58:03.200 --> 58:06.200] Is it a court of record? [58:06.200 --> 58:08.200] What do you mean? [58:08.200 --> 58:11.200] Okay, you need to find out if it's a court of record. [58:11.200 --> 58:12.200] Okay. [58:12.200 --> 58:16.200] If it's a court of record, you have to appeal on point of error. [58:16.200 --> 58:17.200] We'll talk about that when we come back. [58:17.200 --> 58:18.200] Okay. [58:18.200 --> 58:20.200] Okay, yeah, just hang on the line, Kim. [58:20.200 --> 58:23.200] We've got a whole bunch of callers. [58:23.200 --> 58:26.200] It looks like we're going to have to go into overtime mode again tonight. [58:26.200 --> 58:28.200] So callers, just stay on the line and we'll get to all your calls. [58:28.200 --> 58:31.200] I'm going to try to take the first time callers first. [58:58.200 --> 58:59.200] Okay. [59:28.200 --> 59:55.200] Thank you. [59:58.200 --> 01:00:05.200] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, [01:00:05.200 --> 01:00:23.200] live free speech talk radio at its best. [01:00:23.200 --> 01:00:39.200] Okay, we are back. [01:00:39.200 --> 01:00:42.200] Rule of Law, Randy Kelton and Deborah Stevens. [01:00:42.200 --> 01:00:44.200] We're speaking with Kim in Texas. [01:00:44.200 --> 01:00:46.200] Okay, so go ahead, Randy. [01:00:46.200 --> 01:00:49.200] You were talking about the court of record. [01:00:49.200 --> 01:00:55.200] Yes, if it's a court of record, you have to appeal on point of error. [01:00:55.200 --> 01:00:59.200] If it's not a court of record, you can appeal trials in OVO. [01:00:59.200 --> 01:01:02.200] You don't have to show that there was an error made. [01:01:02.200 --> 01:01:06.200] You can appeal directly with no reason. [01:01:06.200 --> 01:01:09.200] And you start all over again in the county court. [01:01:09.200 --> 01:01:15.200] But if it's a court of record, then you have to claim error in the original court. [01:01:15.200 --> 01:01:20.200] Okay, and where do I go to do that? [01:01:20.200 --> 01:01:25.200] Oh, wait a minute, to claim error or to appeal? [01:01:25.200 --> 01:01:28.200] To claim error, like criminal charges against the judge. [01:01:28.200 --> 01:01:37.200] Okay, you have to write an appeal motion showing where they made an error in the court [01:01:37.200 --> 01:01:44.200] and then ask the higher court to overturn the conviction because of the error. [01:01:44.200 --> 01:01:53.200] I'm afraid in listening to your responses that you don't have enough knowledge to be able to do this. [01:01:53.200 --> 01:01:55.200] Yes. [01:01:55.200 --> 01:02:06.200] It would be good practice because the $400 bond, you'd get that back and still have to pay the 35, [01:02:06.200 --> 01:02:09.200] but the $400 bond is out of line. [01:02:09.200 --> 01:02:14.200] You need to read, have you read the Code of Criminal Procedure for Texas? [01:02:14.200 --> 01:02:16.200] No, I have not. [01:02:16.200 --> 01:02:25.200] Yeah, see, and Rules of Court and then I think it's Chapter 45 that covers JP and municipal courts. [01:02:25.200 --> 01:02:26.200] Okay. [01:02:26.200 --> 01:02:29.200] It's really not as much as you would think. [01:02:29.200 --> 01:02:35.200] If you read a decent-sized novel, you've read about four times as much as you'd find [01:02:35.200 --> 01:02:40.200] Penal Code, Code of Criminal Procedure, and Traffic Code. [01:02:40.200 --> 01:02:45.200] You could read those four times and not read as much as you'd read in a standard novel. [01:02:45.200 --> 01:02:46.200] Okay. [01:02:46.200 --> 01:02:48.200] So there really isn't that much there. [01:02:48.200 --> 01:02:53.200] You cruise through those, then you'll be asking us the right questions [01:02:53.200 --> 01:02:57.200] and you might want to get jurisdictionary. [01:02:57.200 --> 01:03:01.200] Jurisdictionary will give you all of the basics. [01:03:01.200 --> 01:03:07.200] You go through that course and then you'll understand what's going on. [01:03:07.200 --> 01:03:12.200] Right now, you don't even know the questions to ask. [01:03:12.200 --> 01:03:13.200] Correct. [01:03:13.200 --> 01:03:17.200] Yeah, I'm not picking on you, but it's kind of, you know, it's like a, [01:03:17.200 --> 01:03:20.200] as I mentioned earlier, it's like riding a bicycle. [01:03:20.200 --> 01:03:25.200] You stand here and look at it now and it looks incredibly complex, [01:03:25.200 --> 01:03:28.200] but it's not near as hard, as difficult as it seems [01:03:28.200 --> 01:03:34.200] because you're only addressing a single issue here, just a traffic ticket. [01:03:34.200 --> 01:03:37.200] So it's a very narrow point of law. [01:03:37.200 --> 01:03:44.200] And if you read the penal code, 90% of it won't appear to apply. [01:03:44.200 --> 01:03:48.200] But just, it's all outlined, so there's a lot of white space in it. [01:03:48.200 --> 01:03:50.200] It'll go relatively quickly. [01:03:50.200 --> 01:03:53.200] Just kind of cruise through it. [01:03:53.200 --> 01:03:57.200] And then you go back and cruise through it a second time. [01:03:57.200 --> 01:04:01.200] And the second time through, you start making connections [01:04:01.200 --> 01:04:06.200] and you'll see how all of these statutes fit together [01:04:06.200 --> 01:04:09.200] and how the different crimes work. [01:04:09.200 --> 01:04:11.200] And the Code of Criminal Procedure is even better that way [01:04:11.200 --> 01:04:16.200] because you read through it the first time and it doesn't seem to make sense. [01:04:16.200 --> 01:04:18.200] And you go right back and read through it again. [01:04:18.200 --> 01:04:22.200] And the second time you read through it, it'll be twice as fast as the first. [01:04:22.200 --> 01:04:25.200] And all of a sudden, you'll start making connections [01:04:25.200 --> 01:04:29.200] and you'll begin to see how all these pieces fit together. [01:04:29.200 --> 01:04:32.200] And then when you look at what they did in the court, you'll say, [01:04:32.200 --> 01:04:35.200] holy crap, they did this wrong, they did that wrong, they did this wrong, [01:04:35.200 --> 01:04:38.200] they did that wrong, they did everything wrong. [01:04:38.200 --> 01:04:41.200] They always do. [01:04:41.200 --> 01:04:42.200] You'll be amazed. [01:04:42.200 --> 01:04:48.200] You'll be flabbergasted at how much they do wrong. [01:04:48.200 --> 01:04:49.200] I bet. [01:04:49.200 --> 01:04:55.200] I do the Code of Criminal Procedure first. [01:04:55.200 --> 01:04:56.200] Okay. [01:04:56.200 --> 01:04:58.200] That tells them what they're supposed to do. [01:04:58.200 --> 01:05:01.200] And then you look at what they actually do and you'll say, [01:05:01.200 --> 01:05:06.200] holy crap, these aren't even close. [01:05:06.200 --> 01:05:12.200] And any one of those errors, you can tackle them on [01:05:12.200 --> 01:05:18.200] and then read the traffic code, read the code on horns. [01:05:18.200 --> 01:05:23.200] And email me the statute that you're charged with. [01:05:23.200 --> 01:05:29.200] I'll pull it down off of Lexus and send you back annotations. [01:05:29.200 --> 01:05:30.200] Okay. [01:05:30.200 --> 01:05:34.200] Annotations are court cases related to the issue. [01:05:34.200 --> 01:05:35.200] Who were you honking at, [01:05:35.200 --> 01:05:38.200] some cop that wouldn't leave a donut shop drive-through? [01:05:38.200 --> 01:05:42.200] It was an unmarked cop that was blocking the turnaround. [01:05:42.200 --> 01:05:44.200] And she only honked once. [01:05:44.200 --> 01:05:46.200] She only honked once. [01:05:46.200 --> 01:05:48.200] And the cop was like, well, you knew I was a cop. [01:05:48.200 --> 01:05:49.200] And she's like, no, [01:05:49.200 --> 01:05:51.200] because there were no markings on your vehicle. [01:05:51.200 --> 01:05:54.200] Hold on, hold on, hold on. [01:05:54.200 --> 01:05:56.200] And the cop is telling her, well, [01:05:56.200 --> 01:06:00.200] you could see the stripes on my shoulder through the window, [01:06:00.200 --> 01:06:03.200] but there's like fully tinted windows. [01:06:03.200 --> 01:06:08.200] So the cop's actually telling you what you know and what you can see. [01:06:08.200 --> 01:06:09.200] Yes. [01:06:09.200 --> 01:06:10.200] Yeah. [01:06:10.200 --> 01:06:11.200] Okay. [01:06:11.200 --> 01:06:14.200] And unfortunately a jury trial convicted her. [01:06:14.200 --> 01:06:17.200] Why was she blocking the intersection? [01:06:17.200 --> 01:06:19.200] He said because traffic was backed up, [01:06:19.200 --> 01:06:20.200] but he wasn't on duty. [01:06:20.200 --> 01:06:24.200] He said that he was trying to attack cars or, [01:06:24.200 --> 01:06:26.200] but traffic wasn't backed up. [01:06:26.200 --> 01:06:27.200] So I don't know why. [01:06:27.200 --> 01:06:28.200] I was like, hello. [01:06:28.200 --> 01:06:30.200] He was eating a donut. [01:06:30.200 --> 01:06:35.200] Did you request the video footage from his car to show that he was not in traffic [01:06:35.200 --> 01:06:37.200] that was backed up? [01:06:37.200 --> 01:06:38.200] No, I did not. [01:06:38.200 --> 01:06:39.200] No, I could. [01:06:39.200 --> 01:06:40.200] Yes. [01:06:40.200 --> 01:06:44.200] These are the things that fighting a crummy, [01:06:44.200 --> 01:06:48.200] seemingly worthless little traffic ticket like this, [01:06:48.200 --> 01:06:52.200] this is what will make it extremely valuable. [01:06:52.200 --> 01:06:55.200] Because if something more serious happens, [01:06:55.200 --> 01:06:58.200] you'll be in a position to protect yourself. [01:06:58.200 --> 01:06:59.200] Yes. [01:06:59.200 --> 01:07:00.200] Okay. [01:07:00.200 --> 01:07:02.200] And more than anything else, [01:07:02.200 --> 01:07:07.200] it gives you a sense that you have some control over what's going on. [01:07:07.200 --> 01:07:10.200] That's worth all the trouble. [01:07:10.200 --> 01:07:11.200] You're right. [01:07:11.200 --> 01:07:12.200] It is. [01:07:12.200 --> 01:07:15.200] I'd suggest read the Code of Criminal Procedure first. [01:07:15.200 --> 01:07:16.200] Okay. [01:07:16.200 --> 01:07:17.200] Go on our website. [01:07:17.200 --> 01:07:19.200] Get jurisdictionary. [01:07:19.200 --> 01:07:21.200] It's a couple hundred bucks. [01:07:21.200 --> 01:07:24.200] It'll be the cheapest investment in your own. [01:07:24.200 --> 01:07:27.200] Yes, you click on the banner that says when your trial, [01:07:27.200 --> 01:07:29.200] when your case without a lawyer. [01:07:29.200 --> 01:07:32.200] Yes, your own sense of personal security. [01:07:32.200 --> 01:07:37.200] It'll be the cheapest investment you will ever have. [01:07:37.200 --> 01:07:38.200] I'm going to look into that. [01:07:38.200 --> 01:07:39.200] Okay. [01:07:39.200 --> 01:07:40.200] Thank you, Kim. [01:07:40.200 --> 01:07:41.200] Okay. [01:07:41.200 --> 01:07:42.200] Thank you, guys. [01:07:42.200 --> 01:07:43.200] Okay. [01:07:43.200 --> 01:07:44.200] We're going to move on now. [01:07:44.200 --> 01:07:45.200] I'm going to go to a first-time caller. [01:07:45.200 --> 01:07:48.200] We've got Will from Texas. [01:07:48.200 --> 01:07:53.200] And then we're going to go to Mark in Wisconsin who's one of our affiliates. [01:07:53.200 --> 01:07:54.200] Will, thanks for calling in. [01:07:54.200 --> 01:07:56.200] What's on your mind tonight? [01:07:56.200 --> 01:07:57.200] Hi, Wendy. [01:07:57.200 --> 01:07:58.200] Hi, Deborah. [01:07:58.200 --> 01:07:59.200] Go ahead. [01:07:59.200 --> 01:08:07.200] I'm interested in when somebody gets served with a, [01:08:07.200 --> 01:08:11.200] what do you call it, a court order and a petition. [01:08:11.200 --> 01:08:17.200] And I wanted to find out if the person has prior knowledge [01:08:17.200 --> 01:08:19.200] and knows that they're trying to be served [01:08:19.200 --> 01:08:21.200] and has read the order and the petition [01:08:21.200 --> 01:08:25.200] and has seen it and understands it before they actually get served [01:08:25.200 --> 01:08:30.200] by a constable or a private company. [01:08:30.200 --> 01:08:32.200] Does that apply? [01:08:32.200 --> 01:08:33.200] Yes. [01:08:33.200 --> 01:08:35.200] Constructive notice. [01:08:35.200 --> 01:08:37.200] Say that again? [01:08:37.200 --> 01:08:39.200] Constructive notice. [01:08:39.200 --> 01:08:40.200] Oh, constructive notice. [01:08:40.200 --> 01:08:41.200] Okay. [01:08:41.200 --> 01:08:47.200] And is there, where will I find, is that in one of the statutes? [01:08:47.200 --> 01:08:49.200] It's in the case law. [01:08:49.200 --> 01:08:50.200] It's in the case law. [01:08:50.200 --> 01:08:52.200] So I can look that up. [01:08:52.200 --> 01:08:54.200] Yes, it goes to, yeah, look up constructive notice. [01:08:54.200 --> 01:08:56.200] It goes to objective reasonableness. [01:08:56.200 --> 01:09:05.200] The purpose of service is to ensure the person has notice. [01:09:05.200 --> 01:09:06.200] Okay. [01:09:06.200 --> 01:09:10.200] But if the person has constructive notice, [01:09:10.200 --> 01:09:13.200] he can be held even if he's not served [01:09:13.200 --> 01:09:17.200] because if the person has constructive notice, [01:09:17.200 --> 01:09:24.200] often that gives him forewarning to avoid personal service. [01:09:24.200 --> 01:09:28.200] Avoiding personal service in Texas is a criminal act. [01:09:28.200 --> 01:09:31.200] Okay, that's exactly what happened. [01:09:31.200 --> 01:09:36.200] The person I was trying to have served found out the constable was coming. [01:09:36.200 --> 01:09:39.200] The constable left a card on the door. [01:09:39.200 --> 01:09:43.200] And then, from then on for maybe two months, [01:09:43.200 --> 01:09:47.200] she avoided service by not answering the door [01:09:47.200 --> 01:09:51.200] and by not going to the constables and by not doing anything else. [01:09:51.200 --> 01:09:52.200] Okay. [01:09:52.200 --> 01:09:56.200] Then avoiding service is a crime, and I think it's a felony. [01:09:56.200 --> 01:09:57.200] Okay. [01:09:57.200 --> 01:10:00.200] So has she been served yet? [01:10:00.200 --> 01:10:06.200] Yes, first I found out where she was, and I got the constable to serve her, [01:10:06.200 --> 01:10:08.200] and I wasn't sure that the constable actually served her. [01:10:08.200 --> 01:10:15.200] So then I hired a private company, private server, and they served her again. [01:10:15.200 --> 01:10:16.200] The first time was in Austin. [01:10:16.200 --> 01:10:18.200] The second time was in Houston. [01:10:18.200 --> 01:10:19.200] Okay. [01:10:19.200 --> 01:10:20.200] Well, then she has service. [01:10:20.200 --> 01:10:27.200] If she has service, then moving against her for avoiding service is kind of a waste of time. [01:10:27.200 --> 01:10:31.200] The court will say you're just sour grapes here. [01:10:31.200 --> 01:10:35.200] You're just trying to beat up somebody. [01:10:35.200 --> 01:10:38.200] The purpose of the statute is to get them served. [01:10:38.200 --> 01:10:42.200] So if she was able to get served twice, [01:10:42.200 --> 01:10:48.200] you're unlikely to be able to make an allegation of avoiding service. [01:10:48.200 --> 01:10:49.200] Okay. [01:10:49.200 --> 01:10:55.200] And one thing that you may or may not know that I went into the court in Austin, [01:10:55.200 --> 01:10:59.200] they weren't sure if two citations could be open at the same time. [01:10:59.200 --> 01:11:06.200] And somebody in the office checked and found out, yes, you could have two different citations on the same service [01:11:06.200 --> 01:11:08.200] open at the same time. [01:11:08.200 --> 01:11:13.200] And so I got one done on a Thursday and one on a Saturday. [01:11:13.200 --> 01:11:16.200] So two suits? [01:11:16.200 --> 01:11:23.200] It was the same suit and the same citation, the same petition, the same order. [01:11:23.200 --> 01:11:30.200] Several people in the office said, I don't think we can have two of these open at once. [01:11:30.200 --> 01:11:34.200] And then they asked somebody else and found out, yes, you can have two, [01:11:34.200 --> 01:11:37.200] so that you can have a constable and a private server. [01:11:37.200 --> 01:11:38.200] Oh, okay. [01:11:38.200 --> 01:11:41.200] So you've got two people trying to serve her at the same time. [01:11:41.200 --> 01:11:42.200] Right. [01:11:42.200 --> 01:11:45.200] And the one on Thursday, the constable found her first, [01:11:45.200 --> 01:11:50.200] and I wasn't really sure if he found her, so I had the other one serve her in Houston. [01:11:50.200 --> 01:11:55.200] That's reasonable. [01:11:55.200 --> 01:11:57.200] The whole point is to get them served. [01:11:57.200 --> 01:12:01.200] So yeah, once you've got to, if she was served twice, [01:12:01.200 --> 01:12:06.200] then no way you'll get a charge of avoidant service unless she admits it. [01:12:06.200 --> 01:12:14.200] We have a case in Jacksonville where the husband told the process server [01:12:14.200 --> 01:12:18.200] that she knew he was coming and she was avoiding him. [01:12:18.200 --> 01:12:20.200] Uh-huh. [01:12:20.200 --> 01:12:21.200] Duh. [01:12:21.200 --> 01:12:22.200] Okay. [01:12:22.200 --> 01:12:27.200] Well, so then what is the strategy now for Will, since that's not really a valid strategy? [01:12:27.200 --> 01:12:30.200] So you've got her served, so what's the issue now? [01:12:30.200 --> 01:12:33.200] Well, my next step is, as you suggested several times, [01:12:33.200 --> 01:12:39.200] I'm going to go by the Jurisdictionary and make sure I buy it from y'all's website. [01:12:39.200 --> 01:12:47.200] And you may or may not know, but I've sent a couple of emails to you, to Randy. [01:12:47.200 --> 01:12:49.200] What's your email? [01:12:49.200 --> 01:12:54.200] My name is Will, and my son's name is Liam. [01:12:54.200 --> 01:12:56.200] Do you want the email address? [01:12:56.200 --> 01:13:03.200] Okay, I've got a Will Ian, E-A-N, Will.something. [01:13:03.200 --> 01:13:04.200] Yeah, that's the one. [01:13:04.200 --> 01:13:06.200] Okay, okay, yeah, I remember that one. [01:13:06.200 --> 01:13:12.200] I think you're, if I remember right, yours were the emails that were somewhat cryptic. [01:13:12.200 --> 01:13:13.200] Oh, maybe so. [01:13:13.200 --> 01:13:15.200] I didn't mean to be. [01:13:15.200 --> 01:13:18.200] I'm just not, I'm very new to this. [01:13:18.200 --> 01:13:25.200] Yeah, well, it's, a lot of times when people are new to this, you know all of the facts. [01:13:25.200 --> 01:13:31.200] And you start telling me what's going on, and you leave out some of the really critical pieces, [01:13:31.200 --> 01:13:35.200] and I wind up having no idea what you're talking about. [01:13:35.200 --> 01:13:36.200] Okay. [01:13:36.200 --> 01:13:43.200] So sometimes you have to be real specific on the front end to give me all the details of what's going on. [01:13:43.200 --> 01:13:46.200] And then when you start talking about the facts, I've got a place to put them. [01:13:46.200 --> 01:13:50.200] I always like a narrative and a suggestion. [01:13:50.200 --> 01:13:56.200] Keep a running record, keep a ledger, keep a log, make a narrative. [01:13:56.200 --> 01:14:04.200] I'm keeping, as Eddie Craig suggested, I keep a digital voice recorder with me at all times, [01:14:04.200 --> 01:14:10.200] and I keep a record there, and now I'm trying to pay somebody to transcribe all of these records, [01:14:10.200 --> 01:14:12.200] which is going to take months. [01:14:12.200 --> 01:14:15.200] Look on CallGraph. [01:14:15.200 --> 01:14:20.200] It's a free download, and you can subscribe to their service. [01:14:20.200 --> 01:14:28.200] They have a service that will take your digital recording and convert it into a, what do you call it? [01:14:28.200 --> 01:14:34.200] They'll deposition it to a, you know, they'll, lost the word again. [01:14:34.200 --> 01:14:37.200] But they'll write it out for you. [01:14:37.200 --> 01:14:42.200] Okay, I hired one lady who's doing that. She works in a legal office. [01:14:42.200 --> 01:14:47.200] They have an electronic service that will do that. [01:14:47.200 --> 01:14:51.200] It listens to the voice and can recognize most of the words. [01:14:51.200 --> 01:14:57.200] And the last time I looked at it, they were advertising for people to help with this, [01:14:57.200 --> 01:15:03.200] to fill in the spaces where the electronic part missed some words. [01:15:03.200 --> 01:15:04.200] Okay. [01:15:04.200 --> 01:15:12.200] But CallGraph has this service where, like I use it on Skype when I call public officials, [01:15:12.200 --> 01:15:13.200] when I can get it to work. [01:15:13.200 --> 01:15:15.200] Here lately, I haven't been able to get it to work. [01:15:15.200 --> 01:15:22.200] But it actually records two tracks, one for me and one for the other guy. [01:15:22.200 --> 01:15:31.200] And then it uploads it to CallGraph's website, and they will go through it and turn it into a transcript. [01:15:31.200 --> 01:15:36.200] You can pay the services a whole lot cheaper than trying to pay somebody to do the whole thing. [01:15:36.200 --> 01:15:42.200] And the last thing I wanted to ask about is I've sent, maybe today I sent another email, [01:15:42.200 --> 01:15:48.200] and I was wondering if I could get in touch with you off the air for more information. [01:15:48.200 --> 01:15:50.200] Yes, send me a phone number. [01:15:50.200 --> 01:15:51.200] I did already today. [01:15:51.200 --> 01:15:52.200] Oh, okay. [01:15:52.200 --> 01:15:56.200] Okay, then I have been really deep in some documents. [01:15:56.200 --> 01:15:58.200] Frankly, I'm trying to keep out of jail. [01:15:58.200 --> 01:16:01.200] Yeah, I understand, and I'm hoping Cherokee County... [01:16:01.200 --> 01:16:03.200] Someone mentioned Robert Fox earlier. [01:16:03.200 --> 01:16:09.200] Well, I filed some criminal complaints in his case, and now they're coming after me because of it. [01:16:09.200 --> 01:16:11.200] So I was finishing off a bunch of documents. [01:16:11.200 --> 01:16:14.200] They started a fight with me. [01:16:14.200 --> 01:16:16.200] I'm going to give them one they're not going to believe. [01:16:16.200 --> 01:16:18.200] How is the Cherokee County... [01:16:18.200 --> 01:16:20.200] I should have that done tomorrow. [01:16:20.200 --> 01:16:23.200] Okay, how is the Cherokee County reading space? [01:16:23.200 --> 01:16:25.200] That's what he's talking about right now. [01:16:25.200 --> 01:16:27.200] Okay, but it's going okay. [01:16:27.200 --> 01:16:31.200] I thought from what I heard, they were withdrawing the... [01:16:31.200 --> 01:16:32.200] No, they didn't. [01:16:32.200 --> 01:16:36.200] No, they withdrew the examining trial. [01:16:36.200 --> 01:16:38.200] So another hurdle to overcome. [01:16:38.200 --> 01:16:40.200] All right, listen, we're going to break now. [01:16:40.200 --> 01:16:42.200] Okay, I'll hang up and I'll listen. [01:16:42.200 --> 01:16:43.200] Thank you. [01:16:43.200 --> 01:16:44.200] Okay, thanks, Will. [01:16:44.200 --> 01:16:46.200] All right, we're going to continue on the other side taking your calls. [01:16:46.200 --> 01:16:51.200] We're going to jam in as many calls as we can before midnight and finish up on the other side if we need to. [01:16:51.200 --> 01:16:55.200] We're going to go to our affiliate Mark in Wisconsin first on the other side. [01:16:55.200 --> 01:16:57.200] We'll be right back. [01:17:25.200 --> 01:17:53.200] When ordering from SurvivalGearSource.com remember to use promo code RuleOfLawRadio.com. [01:17:53.200 --> 01:17:58.200] Again, that special promo code is RuleOfLawRadio.com. [01:18:23.200 --> 01:18:29.200] I will occupy my father's house till he returns. [01:18:29.200 --> 01:18:33.200] I will occupy my father's house. [01:18:33.200 --> 01:18:37.200] He has left me with the strength that was done. [01:18:37.200 --> 01:18:40.200] I will occupy my father's house. [01:18:40.200 --> 01:18:44.200] I will occupy my father's house. [01:18:44.200 --> 01:18:54.200] I will occupy my father's house till I see his face. [01:18:54.200 --> 01:18:57.200] I will occupy my father's house. [01:18:57.200 --> 01:19:03.200] I will guard these walls infected till he comes to take his place. [01:19:03.200 --> 01:19:07.200] I will occupy my father's house. [01:19:07.200 --> 01:19:14.200] I will occupy my father's house. [01:19:14.200 --> 01:19:15.200] Okay, we are back. [01:19:15.200 --> 01:19:23.200] The RuleOfLaw, Randy Kelton and Deborah Stevens and Eddie Craig, of course, here discussing all the issues. [01:19:23.200 --> 01:19:29.200] All right, we're going to go now to Mark in Wisconsin, one of our affiliates. [01:19:29.200 --> 01:19:30.200] Mark, thanks for calling in. [01:19:30.200 --> 01:19:32.200] What's on your mind tonight? [01:19:32.200 --> 01:19:34.200] Oh, not much. [01:19:34.200 --> 01:19:37.200] I had something for Randy. [01:19:37.200 --> 01:19:38.200] Are you there, Randy? [01:19:38.200 --> 01:19:40.200] I'm here. [01:19:40.200 --> 01:19:43.200] Okay, feature this, Randy. [01:19:43.200 --> 01:19:49.200] A divorce court judge says to a wife, you have sworn to tell the whole truth and nothing but the truth. [01:19:49.200 --> 01:19:53.200] Do you understand what will happen to you if you lie? [01:19:53.200 --> 01:19:58.200] The wife says, yes, if I lie, I get everything. [01:19:58.200 --> 01:20:04.200] She's right. [01:20:04.200 --> 01:20:06.200] I knew Deborah wouldn't like that one, so I got one for her. [01:20:06.200 --> 01:20:12.200] Oh, well, that's okay because the same goes for the husband. [01:20:12.200 --> 01:20:19.200] Hey, the thing is whichever one lies gets everything, so it doesn't really matter whether it's the male or the female. [01:20:19.200 --> 01:20:27.200] In a divorce, the woman gets the gold, the husband gets the shaft. [01:20:27.200 --> 01:20:30.200] Sometimes it's the other way around, that's for sure. [01:20:30.200 --> 01:20:33.200] These days, it doesn't really matter. [01:20:33.200 --> 01:20:37.200] I know it happens the other way around, too, but I'm here. [01:20:37.200 --> 01:20:38.200] That's poor, guys. [01:20:38.200 --> 01:20:40.200] We like to feel sorry for ourselves. [01:20:40.200 --> 01:20:41.200] Yeah, we do. [01:20:41.200 --> 01:20:46.200] And that's okay because we're really good at it. [01:20:46.200 --> 01:20:51.200] Deborah, what do you call two judges that sleep together? [01:20:51.200 --> 01:20:53.200] I don't know. [01:20:53.200 --> 01:20:55.200] Two pigs in a blanket. [01:20:55.200 --> 01:20:58.200] Two pigs in a blanket, okay. [01:20:58.200 --> 01:21:01.200] Eddie, you used to be a cop, right? [01:21:01.200 --> 01:21:03.200] Sheriff's deputy, yeah. [01:21:03.200 --> 01:21:04.200] All right. [01:21:04.200 --> 01:21:06.200] You probably know this. [01:21:06.200 --> 01:21:08.200] It's not a racist joke. [01:21:08.200 --> 01:21:13.200] What do you call two black CHP officers? [01:21:13.200 --> 01:21:14.200] Chocolate chips. [01:21:14.200 --> 01:21:17.200] Chocolate chips. [01:21:17.200 --> 01:21:20.200] Okay. [01:21:20.200 --> 01:21:22.200] Okay, what else do you have for us, Mark? [01:21:22.200 --> 01:21:25.200] That's it, I got to get back to my happy place. [01:21:25.200 --> 01:21:29.200] Okay, our affiliate just calling in to make some jokes here. [01:21:29.200 --> 01:21:31.200] Okay, we're going to move on now. [01:21:31.200 --> 01:21:34.200] We're going to go to Kenny in California. [01:21:34.200 --> 01:21:36.200] Okay, Kenny, thanks for calling in. [01:21:36.200 --> 01:21:38.200] What's on your mind tonight? [01:21:38.200 --> 01:21:39.200] How are you all doing? [01:21:39.200 --> 01:21:40.200] Good. [01:21:40.200 --> 01:21:42.200] You know, I've got a couple things on my mind. [01:21:42.200 --> 01:21:44.200] I'm going to brief through it pretty quick. [01:21:44.200 --> 01:21:48.200] First, I wanted to say it's pretty cool to listen to this kind of like revolution that's going on. [01:21:48.200 --> 01:21:52.200] I remember about three years ago calling in to the show when it was, [01:21:52.200 --> 01:21:56.200] when you guys were on the other little network, whatever it was, public or whatever. [01:21:56.200 --> 01:21:57.200] You were in? [01:21:57.200 --> 01:21:59.200] Yeah, it was like me and Wendy were the ones that called in the most, [01:21:59.200 --> 01:22:02.200] and now you've got callers lined up all night. [01:22:02.200 --> 01:22:05.200] And I also wanted to tell you, you didn't notice, I forgot to tell you last time, [01:22:05.200 --> 01:22:08.200] but I'm a proud grandfather at this point, so that's kind of fun. [01:22:08.200 --> 01:22:09.200] All right, very good. [01:22:09.200 --> 01:22:11.200] I wanted to throw in about that. [01:22:11.200 --> 01:22:15.200] When you had the previous caller talking about the daughter and all that stuff, [01:22:15.200 --> 01:22:18.200] other guy in New York, I was wondering how can you guys, [01:22:18.200 --> 01:22:21.200] did you suggest him filing a criminal complaint against the stepfather [01:22:21.200 --> 01:22:23.200] and then doing a restraining order? [01:22:23.200 --> 01:22:25.200] I mean, he'd have to defend it. [01:22:25.200 --> 01:22:26.200] I did. [01:22:26.200 --> 01:22:27.200] Just a thought. [01:22:27.200 --> 01:22:29.200] Oh, okay, I remember hearing that. [01:22:29.200 --> 01:22:33.200] I did suggest that, but he kind of stepped around it. [01:22:33.200 --> 01:22:36.200] Yeah, I thought that was a pretty good idea. [01:22:36.200 --> 01:22:38.200] You guys are talking a lot about definitions. [01:22:38.200 --> 01:22:42.200] I think it's great because I'm also a proud owner of a Black Forest. [01:22:42.200 --> 01:22:46.200] And I've been having a lot of fun lately looking up stuff, [01:22:46.200 --> 01:22:49.200] and I thought I would just throw this out there before I ask my question. [01:22:49.200 --> 01:22:52.200] For those of you next time to go to the doctor's office, [01:22:52.200 --> 01:22:57.200] Black Forest defines a patient as one who has been committed to the asylum [01:22:57.200 --> 01:23:00.200] and has remained there for care and treatment. [01:23:00.200 --> 01:23:04.200] Okay, question. [01:23:04.200 --> 01:23:07.200] Is that the only definition? [01:23:07.200 --> 01:23:12.200] The only definition in Black's fourth, the green one from 1968, [01:23:12.200 --> 01:23:16.200] that is the only definition for patient. [01:23:16.200 --> 01:23:23.200] So if you were patient in 1964, you were crazy? [01:23:23.200 --> 01:23:25.200] Well, you know... [01:23:25.200 --> 01:23:27.200] Or at least thought you were crazy. [01:23:27.200 --> 01:23:30.200] That gives me grounds to be impatient. [01:23:30.200 --> 01:23:31.200] I have a seventh as well, [01:23:31.200 --> 01:23:34.200] and I haven't actually looked in the seventh to see what it says. [01:23:34.200 --> 01:23:37.200] But then the next thing that I wanted to ask is I wanted to talk to... [01:23:37.200 --> 01:23:39.200] direct this to Eddie real quick. [01:23:39.200 --> 01:23:42.200] He was talking earlier about the flag, fringe flag thing, [01:23:42.200 --> 01:23:47.200] and I have in the past several years researched everything I can find on that, [01:23:47.200 --> 01:23:50.200] and there's claims about it being in executive orders and blah, blah, blah, [01:23:50.200 --> 01:23:54.200] and I've read those executive orders, and I've yet to find any reference. [01:23:54.200 --> 01:23:56.200] And I'm not saying it's not true. [01:23:56.200 --> 01:24:00.200] I personally believe that Admiralty has made it upon the land, [01:24:00.200 --> 01:24:04.200] but I've yet to find any proof about this fringe thing. [01:24:04.200 --> 01:24:06.200] So where is it that we're going to find this [01:24:06.200 --> 01:24:10.200] where it actually states something about the fringe? [01:24:10.200 --> 01:24:15.200] As far as relating to what, about it being an Admiralty jurisdiction? [01:24:15.200 --> 01:24:17.200] As far as anything. [01:24:17.200 --> 01:24:20.200] I've looked at the executive orders and not found anything. [01:24:20.200 --> 01:24:26.200] Eddie was just reading earlier tonight about how it's used in ceremonial applications, [01:24:26.200 --> 01:24:28.200] and that's really all it means. [01:24:28.200 --> 01:24:35.200] All of this thing about the fringe goes to the lunatic. [01:24:35.200 --> 01:24:43.200] There's nothing that I am aware of as far as the strict information available on a display [01:24:43.200 --> 01:24:49.200] of the American flag that states a gold fringe flag designates an Admiralty jurisdiction. [01:24:49.200 --> 01:24:55.200] That's, I mean, I haven't seen anything that supports that, anything. [01:24:55.200 --> 01:25:00.200] Now, I know lots of people have theories and all that kind of good stuff, [01:25:00.200 --> 01:25:06.200] but I've yet to see anything that actually holds a grain of truth as to why that exists. [01:25:06.200 --> 01:25:10.200] Yeah, I haven't been able to find anything on that either myself. [01:25:10.200 --> 01:25:13.200] So that brings me to the next thing I was going to ask a little bit more, [01:25:13.200 --> 01:25:14.200] expound a little bit more. [01:25:14.200 --> 01:25:19.200] We were talking last time I called in about these bonds and insurance policies [01:25:19.200 --> 01:25:23.200] and all this stuff on these attorneys and judges, blah, blah, blah. [01:25:23.200 --> 01:25:28.200] One specific question, how would we find out the information about bonds? [01:25:28.200 --> 01:25:31.200] Would that be, and let me back up. [01:25:31.200 --> 01:25:34.200] First of all, I'm going to assume that public officials have bonds [01:25:34.200 --> 01:25:38.200] and private attorneys have malpractice insurance. [01:25:38.200 --> 01:25:41.200] Wouldn't that be correct when you guys say that's accurate? [01:25:41.200 --> 01:25:48.200] Okay, yes, and that's a good way to put it because it's all insurance. [01:25:48.200 --> 01:25:53.200] It gets a lot more simple if we think of all of it as insurance. [01:25:53.200 --> 01:25:58.200] If there's an insurance policy, there's a money trail. [01:25:58.200 --> 01:26:02.200] Someone has to pay for the policy. [01:26:02.200 --> 01:26:08.200] And always, disbursement of funds is open records. [01:26:08.200 --> 01:26:12.200] So if you follow the money, we'll find it. [01:26:12.200 --> 01:26:18.200] So with a judge then, we're probably talking going to the county with an open records request [01:26:18.200 --> 01:26:22.200] to find out who's holding the bond or who the bonding company is. [01:26:22.200 --> 01:26:28.200] Then if we have filed judicial complaints against the judge, [01:26:28.200 --> 01:26:34.200] then we can take copies of that judicial complaint and send it to that bond or insurance provider. [01:26:34.200 --> 01:26:35.200] Correct. [01:26:35.200 --> 01:26:37.200] Would that be kind of a way of... [01:26:37.200 --> 01:26:38.200] Yeah, that's a way of doing it. [01:26:38.200 --> 01:26:42.200] But now be aware that their bond is a matter of public record. [01:26:42.200 --> 01:26:46.200] A county judge, theirs will be on file with a county clerk. [01:26:46.200 --> 01:26:53.200] The municipal judge will be on file with the city office or the mayor's office or the manager's office. [01:26:53.200 --> 01:27:00.200] The state judges, however, of any of the state courts are all filed with the secretary of state. [01:27:00.200 --> 01:27:05.200] So those are the different locations you go to depending upon what type of judge you're looking for. [01:27:05.200 --> 01:27:07.200] Yeah, and that may be different in California. [01:27:07.200 --> 01:27:10.200] I found that in California, at least at this point in time, [01:27:10.200 --> 01:27:14.200] all of the O's of office are filed with the secretary of state, even at the county level. [01:27:14.200 --> 01:27:19.200] So California is kind of its own animal when it comes to these courts and such as that. [01:27:19.200 --> 01:27:20.200] But I'll check into that. [01:27:20.200 --> 01:27:22.200] You said it, I didn't. [01:27:22.200 --> 01:27:24.200] Yeah, well, I'm out here. [01:27:24.200 --> 01:27:29.200] California is kind of its own animal in a lot of regards. [01:27:29.200 --> 01:27:31.200] But I think that's a good thing. [01:27:31.200 --> 01:27:39.200] One thing is certain, California seems to have the best grand jury system I've ever seen. [01:27:39.200 --> 01:27:40.200] Interesting. [01:27:40.200 --> 01:27:47.200] It's potentially the most powerful because they can look into more than just the criminal aspect. [01:27:47.200 --> 01:27:56.200] They can also look into the monetary aspect, the contractual aspect. [01:27:56.200 --> 01:28:00.200] This is the way what grand jurors were really intended to be. [01:28:00.200 --> 01:28:04.200] Originally, grand juries were set up to manage public works as well. [01:28:04.200 --> 01:28:06.200] Yeah, that's what they do in California. [01:28:06.200 --> 01:28:09.200] They look at public work contracts. [01:28:09.200 --> 01:28:11.200] Interesting. [01:28:11.200 --> 01:28:15.200] Okay, well, I'll go ahead and get off, Rick, and I've got other calls. [01:28:15.200 --> 01:28:21.200] One last thing, I was going to fill you guys in on a Web site that I found that does have a page [01:28:21.200 --> 01:28:27.200] that gets into that whole Admiralty thing, and it's freedom-school.com, [01:28:27.200 --> 01:28:31.200] and it's forward slash law, forward slash Admiralty.com. [01:28:31.200 --> 01:28:32.200] Yeah, we know all about them. [01:28:32.200 --> 01:28:33.200] You know about those guys? [01:28:33.200 --> 01:28:34.200] Well, there's an interesting page. [01:28:34.200 --> 01:28:36.200] James Ebert. [01:28:36.200 --> 01:28:39.200] Yeah, I thought you knew him because I thought they were maybe coming out of Austin, [01:28:39.200 --> 01:28:45.200] but Suits and Admiralty Act, Bills of Lading Act, Admiralty Extension Act, Foreign Sovereignty, [01:28:45.200 --> 01:28:47.200] Foreign Sovereign Immunity, and Public Vessels Act. [01:28:47.200 --> 01:28:50.200] There's a bunch of interesting information there. [01:28:50.200 --> 01:28:53.200] I don't know if it points us in the direction that we want to go to find the answer to that question, [01:28:53.200 --> 01:28:55.200] but I thought I'd bring it up. [01:28:55.200 --> 01:28:57.200] Anyway, I'll get off here. [01:28:57.200 --> 01:28:58.200] It was good talking to you. [01:28:58.200 --> 01:29:00.200] I'll talk to you next time. [01:29:00.200 --> 01:29:02.200] Okay, thank you, Kenny. [01:29:02.200 --> 01:29:04.200] Okay, we're going to go on now. [01:29:04.200 --> 01:29:06.200] We're going to move on to your calls. [01:29:06.200 --> 01:29:09.200] We're going to go to Ron in Arkansas. [01:29:09.200 --> 01:29:11.200] Ron, thanks for calling in. [01:29:11.200 --> 01:29:14.200] What's on the air tonight? [01:29:14.200 --> 01:29:17.200] What's on your mind tonight? [01:29:17.200 --> 01:29:21.200] Ron? [01:29:21.200 --> 01:29:22.200] Is Ron there? [01:29:22.200 --> 01:29:24.200] Hey, Ron, what's on your mind tonight? [01:29:24.200 --> 01:29:26.200] There we go. [01:29:26.200 --> 01:29:30.200] Just had a wild-haired thought. [01:29:30.200 --> 01:29:35.200] These police are being trained to do these things that are in violation of the Constitution. [01:29:35.200 --> 01:29:40.200] Why not sue the trainers for that or file criminal charges against them? [01:29:40.200 --> 01:29:45.200] Yeah, that's been my stance for a long time, that we go after the training programs. [01:29:45.200 --> 01:29:50.200] I mean, we have to not only do that, but we have to get control of the training programs, [01:29:50.200 --> 01:29:55.200] and we have to set the curriculum ourselves, or else this is never going to stop. [01:29:55.200 --> 01:29:58.200] It's kind of like with children. [01:29:58.200 --> 01:30:03.200] You know, we can't just spank them and discipline them when they do something wrong [01:30:03.200 --> 01:30:06.200] and then just leave it at that. [01:30:06.200 --> 01:30:08.200] Otherwise, they won't have a direction. [01:30:08.200 --> 01:30:17.200] Okay, we have to also, even more importantly, I would say, is to teach them what they're supposed to be doing. [01:30:17.200 --> 01:30:20.200] And then we discipline them if they don't do what they're supposed to be doing, [01:30:20.200 --> 01:30:26.200] but just disciplining them for doing what they're not supposed to be doing or doing something bad [01:30:26.200 --> 01:30:29.200] is not going to raise a healthy child. [01:30:29.200 --> 01:30:31.200] You have to give them focus and direction. [01:30:31.200 --> 01:30:38.200] So that's where I'm coming from when I say we have to get control of the training programs of the police, [01:30:38.200 --> 01:30:42.200] and we have to direct the curriculum, because they're just going to do whatever they're being trained to do. [01:30:42.200 --> 01:30:49.200] But yeah, that's the next step for me is just filing criminal charges and or lawsuits against whoever's teaching them to break the law. [01:30:49.200 --> 01:30:52.200] Here's the interjection I have to that. [01:30:52.200 --> 01:30:55.200] One, they're not being taught to break the law. [01:30:55.200 --> 01:31:03.200] They are doing exactly what they themselves have been taught as legal, and here's what we're talking about. [01:31:03.200 --> 01:31:09.200] Until we started discussing the traffic code on the air, no one was familiar with what a person was, [01:31:09.200 --> 01:31:16.200] at least not as far as it applies to the codes of Texas, and those that were weren't able to get the information out. [01:31:16.200 --> 01:31:25.200] So basically what we've got is we have the topmost tier writing the documentation that trains the officers. [01:31:25.200 --> 01:31:35.200] That would be the state, because every level of officer below the state is delegated their enforcement powers from the state, [01:31:35.200 --> 01:31:39.200] because they work for a political subdivision of the state. [01:31:39.200 --> 01:31:41.200] So the state sets the curriculum. [01:31:41.200 --> 01:31:47.200] The state writes everything to comply with the Constitution. [01:31:47.200 --> 01:31:53.200] Then they leave it up to the instructors to come up with their own interpretation, [01:31:53.200 --> 01:32:01.200] which they use as their understanding of the terms, just like what I tell everyone not to ever do. [01:32:01.200 --> 01:32:07.200] Do not assume that you know what a word means when it is used in statute. [01:32:07.200 --> 01:32:10.200] Same thing applies to their training materials. [01:32:10.200 --> 01:32:13.200] They assume they know what the word means. [01:32:13.200 --> 01:32:17.200] Therefore, they base their training on that assumption. [01:32:17.200 --> 01:32:20.200] They're not intentionally training to break the law. [01:32:20.200 --> 01:32:26.200] They're simply ignorant of what they're teaching. [01:32:26.200 --> 01:32:28.200] Interesting. [01:32:28.200 --> 01:32:30.200] Never thought of it that way, actually. [01:32:30.200 --> 01:32:31.200] Thank you very much. [01:32:31.200 --> 01:32:33.200] You're welcome. [01:32:33.200 --> 01:32:34.200] All right. [01:32:34.200 --> 01:32:35.200] Is that all, Ron? [01:32:35.200 --> 01:32:36.200] That's it. [01:32:36.200 --> 01:32:37.200] Okay. [01:32:37.200 --> 01:32:38.200] Very good. [01:32:38.200 --> 01:32:39.200] Okay. [01:32:39.200 --> 01:32:44.200] We're going to move on now to Gary in Georgia. [01:32:44.200 --> 01:32:45.200] Gary, thanks for calling in. [01:32:45.200 --> 01:32:47.200] What's on your mind tonight? [01:32:47.200 --> 01:32:51.200] Oh, Admiralty, of course, ma'am. [01:32:51.200 --> 01:32:58.200] And I'm going to tell you how Admiralty Law applies to the North Georgia Mountains. [01:32:58.200 --> 01:33:05.200] And you will find that because it is a – Admiralty has moved on to land. [01:33:05.200 --> 01:33:09.200] You don't have to have old ships up there and have to go to wars. [01:33:09.200 --> 01:33:11.200] They seize marijuana. [01:33:11.200 --> 01:33:14.200] It's an in-ram procedure. [01:33:14.200 --> 01:33:19.200] I've had 40 years going to sea as a Merchant Marine. [01:33:19.200 --> 01:33:27.200] We used to seize the ship itself, arrest the property for nonpayment of semen wedges. [01:33:27.200 --> 01:33:32.200] It's first a Maritime Marine, and it comes into that. [01:33:32.200 --> 01:33:39.200] Now, Randy, if you'll look on his web page tonight, I got a case right there. [01:33:39.200 --> 01:33:44.200] It says, Randy, please read this seizure under Admiralty Maritime jurisdiction. [01:33:44.200 --> 01:33:46.200] What's the case? [01:33:46.200 --> 01:33:57.200] The case is United States of America plaintiff versus four parcels of real property, [01:33:57.200 --> 01:34:04.200] a lake forest circle, and River Chains, Shelby County, Alabama. [01:34:04.200 --> 01:34:07.200] Do you have a case number? [01:34:07.200 --> 01:34:13.200] Well, it's – it's emailed to you, sir. [01:34:13.200 --> 01:34:16.200] You should have it in an email. [01:34:16.200 --> 01:34:17.200] You don't see that. [01:34:17.200 --> 01:34:21.200] Well, I've got about four and five windows up now, and I don't have room for none. [01:34:21.200 --> 01:34:25.200] OneSeaDog at AOL.com. [01:34:25.200 --> 01:34:27.200] You got your thing like this, sir? [01:34:27.200 --> 01:34:29.200] I get lots of emails. [01:34:29.200 --> 01:34:30.200] Okay, Randy. [01:34:30.200 --> 01:34:33.200] I'm – sir, I'm looking for the – I'm looking for a site. [01:34:33.200 --> 01:34:34.200] Okay. [01:34:34.200 --> 01:34:37.200] Right now, I'm having an email challenge. [01:34:37.200 --> 01:34:39.200] Okay. [01:34:39.200 --> 01:34:45.200] The email site where I – on Rule of Law Radio is kind of small, so it keeps getting filled up. [01:34:45.200 --> 01:34:47.200] I tried to download it. [01:34:47.200 --> 01:34:54.200] I tried to move it to another email site, and I wound up with it in four different sites, [01:34:54.200 --> 01:34:57.200] and it's driving me crazy trying to get it all captured. [01:34:57.200 --> 01:34:58.200] Okay. [01:34:58.200 --> 01:35:03.200] I apologize for it because this came directly from Lexus. [01:35:03.200 --> 01:35:09.200] And – but anyway, I'll give you a history of Admiralty Law. [01:35:09.200 --> 01:35:15.200] Admiralty Law started in the maritime states in the 1500s, 1600s. [01:35:15.200 --> 01:35:24.200] And what would happen in those states is that, say, Greece and Italy, [01:35:24.200 --> 01:35:31.200] a captain would go into harbor for repairs and supplies. [01:35:31.200 --> 01:35:37.200] After – and then he would try to sneak out, and they would seize the property, not him. [01:35:37.200 --> 01:35:44.200] Well, maybe it might seize him, too, for – for violating the crime, for not payment of goods. [01:35:44.200 --> 01:35:50.200] But they would arrest the property, the ship plus the contraband. [01:35:50.200 --> 01:35:57.200] That same issue applies today under all your marijuana laws. [01:35:57.200 --> 01:36:01.200] And I realized that 10 years ago when we had a – [01:36:01.200 --> 01:36:03.200] Wait a minute. Wait a minute. [01:36:03.200 --> 01:36:05.200] Okay. [01:36:05.200 --> 01:36:10.200] How do we get from the sea to the marijuana? [01:36:10.200 --> 01:36:19.200] Oh, you get that, sir, under the supplemental rules of certain Admiralty and Maritime claims. [01:36:19.200 --> 01:36:32.200] The federal rules of civil procedure, which governs – initiates supplemental rule C2 of 1998. [01:36:32.200 --> 01:36:35.200] Wait. What court's supplemental rules? [01:36:35.200 --> 01:36:39.200] Supplemental rules, United States District Court, sir. [01:36:39.200 --> 01:36:41.200] Which district court? [01:36:41.200 --> 01:36:44.200] Everyone in the land. Okay. I'll give you one. [01:36:44.200 --> 01:36:47.200] No, no. Each district has their own rules. [01:36:47.200 --> 01:36:48.200] Pardon? [01:36:48.200 --> 01:36:51.200] Yeah, they got local rules, but this is not a local rule. [01:36:51.200 --> 01:36:52.200] Okay. So this – [01:36:52.200 --> 01:36:54.200] He said it was out of the United States Code right now. [01:36:54.200 --> 01:37:09.200] Here we go. I got the citation. United States Court of Appeals for 11th Circuit, citation is 870 F2D, page 586, 1989. [01:37:09.200 --> 01:37:21.200] But there are hundreds or thousands of cases like that, and they tell you that they use Maritime jurisdiction. [01:37:21.200 --> 01:37:37.200] It's an appellate. United States filed a lien and then proceeded to forfeit the proceedings on a 2021 U.S.C. section 881. [01:37:37.200 --> 01:37:51.200] If you read this case here, sir, it says in the note, under supplemental rules for certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, [01:37:51.200 --> 01:37:57.200] which apply to every district coordination, as far as I know. [01:37:57.200 --> 01:38:11.200] And the government initiates an action for civil forfeiture by filing a complaint that is verified under oath or a solemn affirmation. [01:38:11.200 --> 01:38:17.200] It's a rule for certain Admiralty and Maritime Claims, C2. [01:38:17.200 --> 01:38:29.200] And they even have another site that I sent you, the whole rule annotated for C2. [01:38:29.200 --> 01:38:38.200] I apologize. I used your email address, but that's what I got. [01:38:38.200 --> 01:38:58.200] Anyway, it says C21 U.S.C. Section 881. And I also have a book called Specter of Forfeiture by Judy Osborne, and that's exactly what they do. [01:38:58.200 --> 01:39:10.200] They, the maritime, they seize the property. I discovered that in 1995 when I was looking at the notice section, you know, in the Atlanta Journal. [01:39:10.200 --> 01:39:20.200] It says, how can they do it? They do it because they can. Well, if they can, we can too, meaning me. [01:39:20.200 --> 01:39:32.200] And my premise on that is that a public official has a contract to have Georgia case law says that with a public, but he doesn't work for nothing. [01:39:32.200 --> 01:39:36.200] He also has a duty to uphold the Constitution. [01:39:36.200 --> 01:39:48.200] Under Georgia law, if he fails to provide that duty, I mean, uphold that duty, and as a result of office, known as false swearing, [01:39:48.200 --> 01:40:02.200] Georgia Code 16-10-72. So he has a duty, and also I have case law that tells you that he has to have a bond. [01:40:02.200 --> 01:40:09.200] And if he breaches that duty on that bond, you can seize the bond. [01:40:09.200 --> 01:40:19.200] So the issue about when he has a duty to you, you can either go to court or make a claim on his insurance. [01:40:19.200 --> 01:40:30.200] We do it every day. Automobile accidents, hurricanes, houses burned down, the roof leaks. [01:40:30.200 --> 01:40:40.200] We don't always have to go to court. So under the premise of Mr. Tim Turner, because I looked at that. [01:40:40.200 --> 01:40:45.200] I mean, I'm a lawman as yourself, sir. I go what the law says. [01:40:45.200 --> 01:40:56.200] But I also, being a seaman, when they started taking my wages years ago, said, how in God's green earth can they do that? [01:40:56.200 --> 01:41:00.200] Legally, they can't, but they can't because they do it. [01:41:00.200 --> 01:41:11.200] Just like that's what we, I think Mr. Turner has remedy for, oh, just like yourself, you file a criminal complaint. [01:41:11.200 --> 01:41:20.200] But the other issue, you could be right on point, law, procedure, everything, it won't read your pleadings. [01:41:20.200 --> 01:41:26.200] The attorneys ignore you. I've experienced that time and time again. [01:41:26.200 --> 01:41:38.200] I could have a case of mortgage assisting someone, and the attorney ignores this lady in every respect, and they just keep on trucking. [01:41:38.200 --> 01:41:42.200] I attended the trial of a soldier here in Columbus, Georgia. [01:41:42.200 --> 01:41:47.200] I served the papers for that Obama case I had down there. [01:41:47.200 --> 01:41:50.200] That same judge, a soldier spotted. [01:41:50.200 --> 01:41:55.200] He was telling about, well, the soldier didn't have standing. [01:41:55.200 --> 01:42:02.200] He read the rules of standing, and that the federal courts, of course, had limited jurisdiction, [01:42:02.200 --> 01:42:08.200] and that they presumed not to exist, let's show, but he had to show an injury in fact. [01:42:08.200 --> 01:42:17.200] Now, just contrary to that, I assisted a lady that was on a tax case, the same judge. [01:42:17.200 --> 01:42:22.200] Yeah, wait a minute, how are we getting to, I'm looking at this case on Hamilton jurisdiction. [01:42:22.200 --> 01:42:26.200] All right, right here, I'll stay back to Hamilton. [01:42:26.200 --> 01:42:30.200] Okay, how do I get back to Hamilton jurisdiction? [01:42:30.200 --> 01:42:35.200] As I said, Randy, 21 U.S.C. Section 881B. [01:42:35.200 --> 01:42:38.200] I'm looking at it, 881B? [01:42:38.200 --> 01:42:43.200] Yes, sir, and it says upon filing. [01:42:43.200 --> 01:42:45.200] Wait a minute, it can't be that. [01:42:45.200 --> 01:42:50.200] Is it A1 or B1, maybe instead? [01:42:50.200 --> 01:42:52.200] 881. [01:42:52.200 --> 01:43:00.200] 881, it starts with A, a letter instead of a number, so it would be B1. [01:43:00.200 --> 01:43:08.200] Yes, sir, while you've got Lexus there, let's do this, go to, if you pull that case there, [01:43:08.200 --> 01:43:11.200] I did send the whole case to you, but we understand it. [01:43:11.200 --> 01:43:18.200] Yeah, I got the case, I pulled it on Lexus, and I went to 21 U.S.C. 881. [01:43:18.200 --> 01:43:19.200] Okay. [01:43:19.200 --> 01:43:24.200] Subject property, the following, shall be subject to forfeiture for the United States, [01:43:24.200 --> 01:43:29.200] but this doesn't go to Admiralty, this goes to statutory forfeiture. [01:43:29.200 --> 01:43:32.200] Exactly, but it's under Admiralty law. [01:43:32.200 --> 01:43:35.200] There's nothing here that leads it to Admiralty. [01:43:35.200 --> 01:43:40.200] But even then, it's only, it appears to only go to controlled substances. [01:43:40.200 --> 01:43:42.200] It's just Chapter 21, it's controlled substances. [01:43:42.200 --> 01:43:47.200] Well, say, arrest a property, as you know, we have... [01:43:47.200 --> 01:43:52.200] Well, we can't generalize, this goes to controlled substances, [01:43:52.200 --> 01:43:57.200] we can't generalize it to other areas of law. [01:43:57.200 --> 01:44:03.200] So while you're saying the subject matter, what I'm saying is the procedure, [01:44:03.200 --> 01:44:09.200] and the procedure is that the public officials, they violate their oath, [01:44:09.200 --> 01:44:12.200] which is a criminal, so why can't you arrest their property? [01:44:12.200 --> 01:44:16.200] They do that in statutory as well as Admiralty. [01:44:16.200 --> 01:44:19.200] Well, Randy, what I think he's getting at is exactly the same thing [01:44:19.200 --> 01:44:22.200] the Texas Comptroller did to me. [01:44:22.200 --> 01:44:27.200] They used a section of statute that had absolutely nothing to do with what they [01:44:27.200 --> 01:44:31.200] were actually after me for in order to do what they did. [01:44:31.200 --> 01:44:36.200] They misused the application of the law to suit their own purposes [01:44:36.200 --> 01:44:40.200] rather than the lawful purposes. [01:44:40.200 --> 01:44:42.200] Yeah, that's clear. [01:44:42.200 --> 01:44:47.200] I'm not doing that to even obfuscate. [01:44:47.200 --> 01:44:53.200] I'm reading right here some fundamental rules of their Admiralty [01:44:53.200 --> 01:44:57.200] and Maritime Claims and Asset Forfeiture Actions. [01:44:57.200 --> 01:45:02.200] The United States, USC has Admiralty and Maritime Claims, [01:45:02.200 --> 01:45:07.200] R.C., Rule C, and RAM Actions. [01:45:07.200 --> 01:45:15.200] That's exactly what they do to see somebody's property under drug law, [01:45:15.200 --> 01:45:19.200] out of 21. [01:45:19.200 --> 01:45:21.200] And it's on land, sir. [01:45:21.200 --> 01:45:24.200] I'm looking for these supplemental rules. [01:45:24.200 --> 01:45:28.200] Well, I tell you what, Randy, why don't we take the weekend [01:45:28.200 --> 01:45:31.200] and whatever time we've got for research, let's look through that [01:45:31.200 --> 01:45:35.200] and see what we can dig up to go along with what he's telling us here, [01:45:35.200 --> 01:45:39.200] and then that'll give us time to go through it and get our heads together on it, [01:45:39.200 --> 01:45:42.200] and then we can have this discussion furthered on Monday night if that'd be okay [01:45:42.200 --> 01:45:44.200] with everybody, and then we can handle the last one. [01:45:44.200 --> 01:45:45.200] Yeah. [01:45:45.200 --> 01:45:47.200] Folks, we got on the call, Bridge. [01:45:47.200 --> 01:45:49.200] Yeah, I appreciate that because I don't want to take it, [01:45:49.200 --> 01:45:52.200] but I mean, I can email it to you. [01:45:52.200 --> 01:45:55.200] I got it on my screen right now, Rule C and RAM Actions. [01:45:55.200 --> 01:45:59.200] All right, yeah, send that to all of us if you would, please, Gary. [01:45:59.200 --> 01:46:01.200] Well, I have Randy. [01:46:01.200 --> 01:46:05.200] Well, just go on to the website, ruleoflawradio.com, [01:46:05.200 --> 01:46:09.200] and click on the contact button, and you'll see both of our email addresses, [01:46:09.200 --> 01:46:12.200] and we'll make sure it's forwarded to Eddie as well. [01:46:12.200 --> 01:46:14.200] Okay, thanks. [01:46:14.200 --> 01:46:15.200] Yeah, just send it to me. [01:46:15.200 --> 01:46:16.200] I can forward it to both. [01:46:16.200 --> 01:46:19.200] Yeah, or you can just send it to me if you just go to ruleoflawradio.com [01:46:19.200 --> 01:46:20.200] and click on Contact. [01:46:20.200 --> 01:46:22.200] You'll see my email address is right there. [01:46:22.200 --> 01:46:23.200] You just click on it. [01:46:23.200 --> 01:46:25.200] He emails me stuff all the time. [01:46:25.200 --> 01:46:27.200] Okay, all right, great. [01:46:27.200 --> 01:46:30.200] Okay, we're going to go now to Jerry in Oregon, [01:46:30.200 --> 01:46:32.200] and Mark from Michigan dropped off a line, [01:46:32.200 --> 01:46:36.200] so Mark, if you want to call back in, there'll be time to take you before midnight. [01:46:36.200 --> 01:46:37.200] Okay, go ahead, Jerry. [01:46:37.200 --> 01:46:38.200] Thanks for calling in. [01:46:38.200 --> 01:46:39.200] What's on your mind tonight? [01:46:39.200 --> 01:46:42.200] Hey, that was pretty interesting. [01:46:42.200 --> 01:46:46.200] I'm looking forward to Monday night to hear the rest of that. [01:46:46.200 --> 01:46:53.200] Actually, I called to see if you couldn't help me define a couple definitions, [01:46:53.200 --> 01:46:58.200] because I don't quite understand how they're used in their application. [01:46:58.200 --> 01:47:03.200] When you had the guest see on Monday, [01:47:03.200 --> 01:47:13.200] she talked about how a bond is created from a traffic ticket, per se. [01:47:13.200 --> 01:47:19.200] What exactly is a bond in that sense, and how is it created? [01:47:19.200 --> 01:47:23.200] Is it kind of like accrual accounting? [01:47:23.200 --> 01:47:28.200] When the fine is torn out of the book and handed to you, [01:47:28.200 --> 01:47:34.200] it becomes an instrument for securities at that point? [01:47:34.200 --> 01:47:38.200] Apparently, there's a securities instrument that's created off of every court case. [01:47:38.200 --> 01:47:43.200] And she used to be able to look up the QCID numbers for each individual one, [01:47:43.200 --> 01:47:46.200] but she says now what they're doing is they just, [01:47:46.200 --> 01:47:49.200] like they'll bundle them up once a week or something, [01:47:49.200 --> 01:47:53.200] and they'll wrap them all up as a bundle and assign a QCID number to a group, [01:47:53.200 --> 01:48:01.200] and so now they're a lot harder to trace down individually. [01:48:01.200 --> 01:48:03.200] I've been trying to make sense out of these bonds, [01:48:03.200 --> 01:48:09.200] and what it appears like is that when a charge is filed, [01:48:09.200 --> 01:48:15.200] they estimate the amount of fines they can extract based on the charge. [01:48:15.200 --> 01:48:27.200] Then they issue a bond and essentially factor the cost of having the trial or having the adjudication. [01:48:27.200 --> 01:48:36.200] And then when the individual pays the fine, then they satisfy the bond. [01:48:36.200 --> 01:48:38.200] I don't know if that's right or not, [01:48:38.200 --> 01:48:42.200] but that's the closest I can come to make sense of what's going on here. [01:48:42.200 --> 01:48:46.200] Yeah, we're going to have Seon again to explain this bond process a little bit further [01:48:46.200 --> 01:48:50.200] because this is kind of new territory for us here. [01:48:50.200 --> 01:48:55.200] And where does the surety and what is a surety in that sense? [01:48:55.200 --> 01:48:59.200] The surety is us, that we're going to pay. [01:48:59.200 --> 01:49:02.200] That's why people are doing this UCC-1 process [01:49:02.200 --> 01:49:08.200] or doing the revocation of power of attorney to set up that we're the secured party. [01:49:08.200 --> 01:49:10.200] We're not the surety. [01:49:10.200 --> 01:49:16.200] So if I understand that right, when we do that, it makes the judge the surety. [01:49:16.200 --> 01:49:21.200] So the judge gets on the hook for whatever the money amount is. [01:49:21.200 --> 01:49:22.200] Right. [01:49:22.200 --> 01:49:23.200] Right. [01:49:23.200 --> 01:49:28.200] So if the fine was for $150 and the officer hands you the ticket, [01:49:28.200 --> 01:49:33.200] the ticket becomes the security instrument, that number that's on that ticket. [01:49:33.200 --> 01:49:38.200] I'm assuming that there's a number, a docket number or something. [01:49:38.200 --> 01:49:44.200] And because you haven't paid that fine and you haven't gone before the judge at that point, [01:49:44.200 --> 01:49:50.200] it becomes an instrument for potential income. [01:49:50.200 --> 01:49:52.200] Is that fair? [01:49:52.200 --> 01:49:54.200] A promissory note. [01:49:54.200 --> 01:49:56.200] That's essentially what I get. [01:49:56.200 --> 01:49:59.200] And they buy these at a discount. [01:49:59.200 --> 01:50:09.200] When the accused pays off the note or pays off the fine, then the fine pays off the note, [01:50:09.200 --> 01:50:12.200] but then the court already has their money. [01:50:12.200 --> 01:50:15.200] So whatever they collect, they pay on the note, [01:50:15.200 --> 01:50:18.200] and whoever bought the note gets the profit that's paid onto it. [01:50:18.200 --> 01:50:21.200] They're essentially factoring this income. [01:50:21.200 --> 01:50:27.200] Just like me, I'm putting together a business where I'm going to build some equipment. [01:50:27.200 --> 01:50:31.200] So I'm going to go out once I get a prototype and go to all these companies and say, [01:50:31.200 --> 01:50:33.200] hey, I got this great piece of equipment. [01:50:33.200 --> 01:50:41.200] I want you to give me some pre-production orders, letters of intent. [01:50:41.200 --> 01:50:45.200] Once I have the letter of intent, I go to the bank and I say, hey, I got this letter of intent. [01:50:45.200 --> 01:50:48.200] These guys are going to buy my piece of equipment as soon as I build it. [01:50:48.200 --> 01:50:51.200] But I need the money to build it with. [01:50:51.200 --> 01:50:59.200] So they say, OK, I'll factor that for you for 25%. [01:50:59.200 --> 01:51:06.200] So they give me 75% of the orders that I have already in hand. [01:51:06.200 --> 01:51:09.200] I go build the equipment, sell it to my customer. [01:51:09.200 --> 01:51:18.200] When the money comes in, I give the money to them, and they make 25% on it. [01:51:18.200 --> 01:51:20.200] I see. [01:51:20.200 --> 01:51:22.200] That's what we're guessing right now. [01:51:22.200 --> 01:51:24.200] I'd like to have Seon to explain a little further, [01:51:24.200 --> 01:51:30.200] because she's got more experience with the bonding process within the court system. [01:51:30.200 --> 01:51:33.200] But that's kind of how we understand it. [01:51:33.200 --> 01:51:37.200] OK, and then one other question about common law. [01:51:37.200 --> 01:51:44.200] She mentioned that common law, you make the declaration. [01:51:44.200 --> 01:51:50.200] You're not in a subservient position like a statutory. [01:51:50.200 --> 01:51:56.200] Can you define common law for me and what power is there in it? [01:51:56.200 --> 01:51:59.200] OK, in short, no. [01:51:59.200 --> 01:52:07.200] I just read some case law where the Texas court said that on the establishment of the republic [01:52:07.200 --> 01:52:14.200] and the statutory law, the common law was abolished. [01:52:14.200 --> 01:52:21.200] But there are still crimes that are considered common law crimes, [01:52:21.200 --> 01:52:24.200] but they're not in the common law. [01:52:24.200 --> 01:52:30.200] As far as I can tell, the common law as a body of law [01:52:30.200 --> 01:52:41.200] doesn't exist separate from the stare decisis, from the case law based on the statutory law. [01:52:41.200 --> 01:52:48.200] These people keep talking about common law, and I say, OK, show me the book on common law. [01:52:48.200 --> 01:52:53.200] Well, of course, there's not, because that's why it's called common law. [01:52:53.200 --> 01:52:55.200] No. [01:52:55.200 --> 01:52:57.200] Never has been. [01:52:57.200 --> 01:53:02.200] You see, the problem with it is it's whatever we claim it is. [01:53:02.200 --> 01:53:05.200] Well, it's actually a history of jurisprudence. [01:53:05.200 --> 01:53:07.200] But listen, I want to move on. [01:53:07.200 --> 01:53:11.200] I want to take at least this one more caller before the end, Mark from Michigan, [01:53:11.200 --> 01:53:13.200] because he called back in like I asked him to. [01:53:13.200 --> 01:53:14.200] OK. [01:53:14.200 --> 01:53:15.200] Thank you. [01:53:15.200 --> 01:53:16.200] OK, thanks. [01:53:16.200 --> 01:53:18.200] Yeah, because we could debate on what common law is for the next six hours. [01:53:18.200 --> 01:53:21.200] So I want to take Mark because he called back in. [01:53:21.200 --> 01:53:23.200] All right, Mark, thanks for calling back in. [01:53:23.200 --> 01:53:24.200] What's on your mind? [01:53:24.200 --> 01:53:27.200] Sorry, guys, sorry about that. [01:53:27.200 --> 01:53:28.200] Yeah, I understand. [01:53:28.200 --> 01:53:30.200] Go ahead. [01:53:30.200 --> 01:53:37.200] OK, just curious, what is the qualification for a motion for reconsideration? [01:53:37.200 --> 01:53:43.200] I know that for a motion to overturn, you know, the judgment, there has to be fraud. [01:53:43.200 --> 01:53:47.200] But the motion for reconsideration, what... [01:53:47.200 --> 01:53:56.200] Generally, an emotion for reconsideration, you state to the court why you think their opinion [01:53:56.200 --> 01:54:04.200] or their ruling is an error, and you brief out the issue before the court. [01:54:04.200 --> 01:54:11.200] You say the court, this ruling was improper because of this case law. [01:54:11.200 --> 01:54:19.200] Generally, on a motion to reconsider, you give them a brief on the points you feel they missed. [01:54:19.200 --> 01:54:25.200] Can you raise new issues at that point, or is it a little bit like an appeal? [01:54:25.200 --> 01:54:26.200] It's like an appeal. [01:54:26.200 --> 01:54:28.200] You can't raise issues. [01:54:28.200 --> 01:54:32.200] You can only address what the court ruled on. [01:54:32.200 --> 01:54:33.200] OK. [01:54:33.200 --> 01:54:38.200] The only issue you can raise is one of subject matter jurisdiction, [01:54:38.200 --> 01:54:41.200] because it can be raised at any time. [01:54:41.200 --> 01:54:48.200] Otherwise, you have to show the court why, based on the facts before the court [01:54:48.200 --> 01:54:58.200] and the law supporting those facts, why the court rendered a improper decision. [01:54:58.200 --> 01:55:00.200] OK, OK. [01:55:00.200 --> 01:55:05.200] You know, one thing I was going to mention, you know, we talk about jurisdictionary a lot, [01:55:05.200 --> 01:55:09.200] and it's a great program, and I think that, you know, from somebody who's used it, [01:55:09.200 --> 01:55:13.200] you know, anybody who's starting out, it's just totally the way to go. [01:55:13.200 --> 01:55:19.200] But there's another program out there as well called Irwin Rommel School of Law. [01:55:19.200 --> 01:55:21.200] Yes, I'm familiar with it. [01:55:21.200 --> 01:55:24.200] They do an incredible job. [01:55:24.200 --> 01:55:25.200] I don't have all of it. [01:55:25.200 --> 01:55:27.200] I have bits and pieces. [01:55:27.200 --> 01:55:31.200] But they do an incredible job with the rules of court, [01:55:31.200 --> 01:55:37.200] just a phenomenal job of walking you through the rules of court and how they can be applied [01:55:37.200 --> 01:55:43.200] and, you know, where you'll see them in your state and things of that nature. [01:55:43.200 --> 01:55:51.200] I think the power with jurisdictionary, I mean, he covers objections and motions and things like that, [01:55:51.200 --> 01:55:58.200] and I don't think people realize just how powerful objections are and knowing how much they are. [01:55:58.200 --> 01:56:01.200] But the rules of court, I think, are equally important, [01:56:01.200 --> 01:56:08.200] because you can find some real nuggets in there that will save your behind. [01:56:08.200 --> 01:56:10.200] Absolutely. [01:56:10.200 --> 01:56:18.200] I have Ken Magnuson, and he's my local expert on rules of civil procedure. [01:56:18.200 --> 01:56:24.200] And his pet peeve is people don't read the rules. [01:56:24.200 --> 01:56:30.200] If you don't read the rules, you can't play the game. [01:56:30.200 --> 01:56:39.200] And they get real complex, and he plays chess with the rules. [01:56:39.200 --> 01:56:40.200] No, I hear you. [01:56:40.200 --> 01:56:42.200] Okay, guys, well, I'll leave you go. [01:56:42.200 --> 01:56:44.200] And if you've got another caller, you can go on. [01:56:44.200 --> 01:56:46.200] And thanks a lot. [01:56:46.200 --> 01:56:47.200] All right. [01:56:47.200 --> 01:56:48.200] All right. [01:56:48.200 --> 01:56:50.200] We do have about three more callers left on the line. [01:56:50.200 --> 01:56:54.200] So if it's okay with you guys, do you all want to go into overtime mode to finish taking all the calls? [01:56:54.200 --> 01:56:55.200] Yes. [01:56:55.200 --> 01:56:56.200] Okay. [01:56:56.200 --> 01:56:57.200] It shouldn't take too long. [01:56:57.200 --> 01:56:58.200] All right. [01:56:58.200 --> 01:57:00.200] We're going to go to Marcus in Virginia. [01:57:00.200 --> 01:57:01.200] Marcus, thanks for calling in. [01:57:01.200 --> 01:57:03.200] What's on your mind tonight? [01:57:03.200 --> 01:57:05.200] Hi, Deb. [01:57:05.200 --> 01:57:10.200] Well, basically, one thing. [01:57:10.200 --> 01:57:12.200] I want to find out from the cops. [01:57:12.200 --> 01:57:17.200] I'm dealing with a no driver's license. [01:57:17.200 --> 01:57:19.200] I'm sorry, say that again? [01:57:19.200 --> 01:57:22.200] I'm dealing with a no driver's license, Kate. [01:57:22.200 --> 01:57:23.200] Okay. [01:57:23.200 --> 01:57:26.200] I just thought it was this. [01:57:26.200 --> 01:57:30.200] I got a ticket, of course, and the cop marked it traffic. [01:57:30.200 --> 01:57:35.200] There's a tick box for criminal and a tick box for traffic. [01:57:35.200 --> 01:57:37.200] He checked traffic. [01:57:37.200 --> 01:57:39.200] I'm just wondering. [01:57:39.200 --> 01:57:47.200] I look at the violations of 46.2, the 300, no DL. [01:57:47.200 --> 01:57:51.200] Why did he decide to mark traffic as a criminal? [01:57:51.200 --> 01:57:55.200] Because it reads like a criminal statute. [01:57:55.200 --> 01:57:58.200] On what basis does he make this decision? [01:57:58.200 --> 01:57:59.200] What state are you in? [01:57:59.200 --> 01:58:01.200] He's in Virginia. [01:58:01.200 --> 01:58:03.200] Okay. [01:58:03.200 --> 01:58:09.200] And Marcus, there's a lot of noise on your end. [01:58:09.200 --> 01:58:11.200] I'm not sure what to do about that, so can you hear me now? [01:58:11.200 --> 01:58:13.200] Okay, yes. [01:58:13.200 --> 01:58:14.200] All right, he's in Virginia. [01:58:14.200 --> 01:58:16.200] Listen, we're coming to the end of the show here. [01:58:16.200 --> 01:58:19.200] We have to go to break now because of our affiliates. [01:58:19.200 --> 01:58:23.200] So Marcus, just hang on the line, and we'll address this on the other side. [01:58:23.200 --> 01:58:25.200] We also have Dan from Connecticut and Brian. [01:58:25.200 --> 01:58:29.200] We're going to finish up the calls on the after midnight edition. [01:58:29.200 --> 01:58:53.200] We'll be right back. [01:58:53.200 --> 01:59:08.200] Come on. [01:59:08.200 --> 01:59:36.200] Come on. [01:59:36.200 --> 01:59:51.200] Come on. [01:59:51.200 --> 02:00:06.200] Come on.