[00:00.000 --> 00:10.440]  21 Taliban dressed in US military uniforms were killed Saturday in pre-dawn attacks on
[00:10.440 --> 00:15.720]  two bases in East Afghanistan. The attacks targeted the US military's forward operating
[00:15.720 --> 00:21.600]  base Chapman and forward operating base Solano in Kost province near the eastern border with
[00:21.600 --> 00:29.880]  Pakistan. Iranian President Mahmoud Ahmadinejad says huge military spending is the source
[00:29.880 --> 00:36.160]  of all global crises. Ahmadinejad said in the US plans to allocate 50 billion dollars
[00:36.160 --> 00:41.360]  to healthcare for the poor caused a lot of media hype and uproar while the military budget
[00:41.360 --> 00:48.360]  for 2010 of 860 billion did not receive media retention. Ahmadinejad also criticized the
[00:48.360 --> 00:56.600]  US and its allies for not playing a larger role in aid efforts in flood stricken Pakistan.
[00:56.600 --> 01:02.760]  California officials are outfitting preschoolers in Contra Costa county with tracking devices
[01:02.760 --> 01:07.280]  when at the school students will wear a jersey that has a small radio frequency tag. The
[01:07.280 --> 01:12.240]  tag will send signals to sensors that help track children's whereabouts and even whether
[01:12.240 --> 01:19.640]  they've eaten or not. Kurt Sonnenfeld, FEMA's former official 9-11 videographer, is wanted
[01:19.640 --> 01:25.160]  by the US government on murder charges. Sonnenfeld, who lives in Buenos Aires with his Argentine
[01:25.160 --> 01:30.960]  family, says the 22 hours of footage he shot at ground zero proves the government's version
[01:30.960 --> 01:36.760]  of 9-11 was a lie. Sonnenfeld told Press TV, I have promised to give my footage to the
[01:36.760 --> 01:42.360]  big investigators that are credible and widely known who will be able to detect anomalies
[01:42.360 --> 01:47.560]  that I or other people without scientific education might miss. Sonnenfeld said he fears
[01:47.560 --> 01:52.600]  for his life if he is sent back to the US to face trial. Sonnenfeld, who says his footage
[01:52.600 --> 01:58.000]  proves top US government officials were aware of the 9-11 attacks before they occurred,
[01:58.000 --> 02:03.560]  says he's a victim of the US plot to silence him. Denver police claim they have evidence
[02:03.560 --> 02:11.160]  to show he killed his first wife in the US. The Obama administration has accused a State
[02:11.160 --> 02:18.000]  Department analyst of leaking top secret information about North Korea to a reporter. Stephen Kim
[02:18.000 --> 02:22.960]  was named in a federal indictment on Sealed Friday and charged with illegally disclosing
[02:22.960 --> 02:27.960]  national defense information, which carries a penalty of up to 10 years in prison, and
[02:27.960 --> 02:32.960]  with making false statements to the FBI a further five-year sentence. It was the latest
[02:32.960 --> 02:38.680]  move in the administration's campaign to crack down on leaks, even as it supports legislation
[02:38.680 --> 02:43.240]  that would shield reporters from revealing their sources. The most recent leaks include
[02:43.240 --> 02:48.920]  the potential for using CIA drones in the fight against al-Qaeda in Yemen, the close
[02:48.920 --> 02:55.320]  relationship of the CIA station chief in Kabul with Afghan President Ahmed Karzai, and the
[02:55.320 --> 03:14.600]  CIA's praxis of paying some members of the Afghan government for information.
[03:25.320 --> 03:49.520]  Bad boys, bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do?
[03:49.520 --> 03:58.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? When you
[03:58.320 --> 04:03.720]  were eight and you had bad traits, you'd go to school and learn the golden rule. So why
[04:03.720 --> 04:04.720]  are you hiding like a dog?
[04:04.720 --> 04:09.600]  All right, folks, good evening. This is Rule of Law Radio with Eddie Craig, Deborah Stevens,
[04:09.600 --> 04:13.280]  Randy Kelton is off, but he will be in on the second hour tonight, so we'll be looking
[04:13.280 --> 04:19.120]  forward to the discussion between Randy and Deborah dealing with the backscatter machines
[04:19.120 --> 04:24.120]  that they're rolling out in the mobile vehicles. Before we get to answering the phones tonight,
[04:24.120 --> 04:28.640]  however, I would like to go over a little bit of material. I've got several emails today
[04:28.640 --> 04:34.160]  that basically boil down to one particular subject, and again, this is dealing with the
[04:34.160 --> 04:42.960]  issues of using case law across state lines and the use of ordinances as binding law.
[04:42.960 --> 04:49.240]  So what I'd like to go over first is Article 4, Section 1 of the Constitution for the United
[04:49.240 --> 04:55.240]  States of America, and it says this, full faith and credit shall be given in each state
[04:55.240 --> 05:01.240]  to the public acts, records, and judicial proceedings of every other state, and the
[05:01.240 --> 05:06.440]  Congress made by general laws prescribe the manner in which such acts, records, and proceedings
[05:06.440 --> 05:12.160]  shall be proved and the effect thereof. Now, the copy I'm reading out of is the United
[05:12.160 --> 05:19.800]  States Senate reference copy. This is the Senate reference to that particular section.
[05:19.800 --> 05:26.540]  Each state is required to recognize the laws and records such as licenses of other states
[05:26.540 --> 05:35.880]  and to enforce rights in its own courts that would be enforced in other states. Now, this
[05:35.880 --> 05:44.660]  goes back to a comment and a theory I've held in place for a long time, is that your rights
[05:44.660 --> 05:48.720]  and this part's not the theory. This part's just simple fact. Your rights are the same
[05:48.720 --> 05:55.560]  no matter which state of the union you are in. The rights protected by the federal constitution
[05:55.560 --> 06:01.180]  and the various state constitutions are the same unalienable inherent vested rights that
[06:01.180 --> 06:07.400]  each and every one of us have at birth. They do not differ from state to state. They cannot
[06:07.400 --> 06:16.400]  differ from state to state. The people themselves have no obligation to guess as to what the
[06:16.400 --> 06:23.960]  law requires of them just because they move from one state to another. This is the reason
[06:23.960 --> 06:31.720]  why the common law is what the law of the people is because if I move from here to California,
[06:31.720 --> 06:35.320]  I shouldn't have to guess whether or not my rights are any different. I shouldn't have
[06:35.320 --> 06:41.880]  to guess that if something I could do in Texas was perfectly legal and not an issue to anyone,
[06:41.880 --> 06:47.200]  why should I move to California and suddenly that become an illegal problem for me? You
[06:47.200 --> 06:54.320]  see what I'm saying? For our rights to alter and transfigurate just because we cross the
[06:54.320 --> 07:01.960]  state line is completely unacceptable. It just simply does not and was not set up to
[07:01.960 --> 07:07.920]  function that way. I don't care what the courts want you to believe or want you to think,
[07:07.920 --> 07:15.920]  that's idiocy. For the people of this country to think that their rights change just because
[07:15.920 --> 07:20.120]  they move to a different state, they have to do things completely different than the
[07:20.120 --> 07:26.760]  way they used to do it, at least as far as they themselves and their family are concerned
[07:26.760 --> 07:31.840]  because it wasn't legal where they were but now it's legal where they are or vice versa.
[07:31.840 --> 07:37.640]  It was legal where they were but it's now illegal where they are. It just can't function
[07:37.640 --> 07:43.720]  that way. The people were never meant to guess as to whether or not their rights applied
[07:43.720 --> 07:53.040]  in one state or the other. They apply everywhere. Now, using that, I'm going to go into something
[07:53.040 --> 07:58.520]  out of the seminar book and this is the section that's section 1.3 for those of you that have
[07:58.520 --> 08:03.020]  the seminar material. This is the section that deals with the case law that has been
[08:03.020 --> 08:08.480]  used over and over and over again to fight the issue of the requirement of a driver's
[08:08.480 --> 08:16.760]  license and so on and so forth. In that section, I have a reference to something that was stated
[08:16.760 --> 08:22.720]  by Seth Waxman who was Solicitor General for the U.S. Department of Justice and this is
[08:22.720 --> 08:32.280]  a brief that he put in in the Reno versus Condon case, Federal Court number 98-1464
[08:32.280 --> 08:37.000]  from January 12th of 2000 in the Supreme Court of the United States and it says this in
[08:37.000 --> 08:44.360]  the brief, the activity licensed by state DMVs, that's Department of Motor Vehicles,
[08:44.360 --> 08:49.760]  and in connection with which individuals must submit personal information to the DMV such
[08:49.760 --> 08:55.040]  as your name, address, birthday, social security number, height, weight, eye color, hair color,
[08:55.040 --> 09:02.040]  blah, blah, blah, your blood samples, your urine samples and eventually your firstborn.
[09:02.040 --> 09:09.160]  Personal information to the DMV, the operation of motor vehicles, is itself integrally related
[09:09.160 --> 09:15.160]  to interstate commerce. Now get that. This is the Department of Justice saying that all
[09:15.160 --> 09:23.600]  the state DMVs that require information of the people, their function is an integral
[09:23.600 --> 09:29.920]  connection to interstate commerce. When we travel in our automobiles, whether it be from
[09:29.920 --> 09:36.560]  one state or to the local department store, we are not engaging in commerce. We are not
[09:36.560 --> 09:46.180]  under any federal rule, law or otherwise that governs the act of commerce and upon which
[09:46.180 --> 09:53.440]  all of the state DMV codes and transportation codes and motor vehicle codes all apply. They
[09:53.440 --> 10:01.440]  exist because of Title 49 of the United States Code. That's where the states got the idea.
[10:01.440 --> 10:06.360]  That's where they got the impetus to create those laws was because federal funding made
[10:06.360 --> 10:10.520]  mandates that for commercial activity in your state you're going to create a set of laws
[10:10.520 --> 10:15.720]  that deal with licensing requirements, registration requirements, operational requirements, inspection
[10:15.720 --> 10:21.680]  requirements and insurance requirements. Then the states decided to augment their little
[10:21.680 --> 10:32.760]  fundraising activities by putting into place the fraudulent presumption and impression
[10:32.760 --> 10:41.440]  that these laws applied to everyone when in fact they did not. We've got case law all
[10:41.440 --> 10:51.360]  over the place from time immemorial that shows that's exactly what's happened. Now, for
[10:51.360 --> 10:58.000]  instance, in one version of the originally defined Florida laws dealing with the term
[10:58.000 --> 11:02.880]  motor vehicle, this is how it read, the term motor vehicle shall include all vehicles or
[11:02.880 --> 11:07.560]  machines propelled by any power other than muscular used upon the public highways but
[11:07.560 --> 11:12.860]  not over fixed rails for the transportation of persons or property for compensation either
[11:12.860 --> 11:21.720]  as common carriers, private contract carriers or for hire carriers. That was in the 1931
[11:21.720 --> 11:28.120]  laws of Florida. Now, let me get you to understand something about the way that they like to
[11:28.120 --> 11:34.320]  do things in order to give the impressions of change that can't change. The Texas Constitution
[11:34.320 --> 11:41.240]  has an appendix section. In the appendix section there is a footnote number three and in footnote
[11:41.240 --> 11:49.360]  number three it specifically states, any alteration or amendment to this Constitution does not
[11:49.360 --> 11:58.060]  affect vested rights. Now, understand that the Constitution does not grant your rights.
[11:58.060 --> 12:06.120]  It does not create any of your rights. It is there simply as a protection against government
[12:06.120 --> 12:14.680]  interference or abuse of your rights because your rights predate and pre-exist the state,
[12:14.680 --> 12:25.800]  the Constitution or the government. They belong to us way back from the beginning. Why? As
[12:25.800 --> 12:31.000]  Thomas Jefferson so aptly put it, they are bestowed upon us by our Creator. They are
[12:31.000 --> 12:41.600]  rights endowed upon us by our Creator. Okay? Nature and nature is God. So, if even an amendment
[12:41.600 --> 12:48.440]  to the Constitution cannot affect a vested right, how in the world can a statute affect
[12:48.440 --> 12:59.840]  a vested right? So, a statutory enactment all upon what it's doing can't change the
[12:59.840 --> 13:07.660]  people's rights. Okay? No matter what kind of language it contains, it cannot be interpreted
[13:07.660 --> 13:18.280]  as altering, divesting, destroying or diminishing in any way the people's unalienable vested
[13:18.280 --> 13:27.680]  and inherent rights. Okay? Just can't do it. And until we the people stand up and fight
[13:27.680 --> 13:35.520]  tooth and nail on those grounds, they're going to keep riding roughshod over us individually
[13:35.520 --> 13:43.400]  and in groups because we won't make the argument and we won't stand upon it. The Constitution
[13:43.400 --> 13:57.320]  is only as strong as the people of this country make it. Without us, the Constitution is worthless.
[13:57.320 --> 14:04.280]  It does not have legs to stand on its own. It does not have arms and weapons to fight
[14:04.280 --> 14:11.000]  its own battles. It does not have a voice to speak its true meaning and intent. It does
[14:11.000 --> 14:19.960]  not have any way to voice its opinion of its interpretation. Why in the world do we the
[14:19.960 --> 14:28.520]  people allow our servants that are bound by this document and restricted by this document
[14:28.520 --> 14:35.520]  to make the determination about what it means and how it restricts them? That's like setting
[14:35.520 --> 14:42.680]  the dog whose favorite pastime is biting every individual that comes within his reach, determine
[14:42.680 --> 14:54.800]  at will the length of his own leash. It's just not smart. Why do we let them get away
[14:54.800 --> 14:59.440]  with it? The courts declared they are the only ones that have the power to interpret
[14:59.440 --> 15:06.120]  the Constitution. Wrong! The courts did not write it. The courts did not create it. The
[15:06.120 --> 15:14.960]  courts did not grant the authority to govern by it. We did. They are not the sole power
[15:14.960 --> 15:22.040]  that has the authority to interpret the Constitution. They were created by it. How can they make
[15:22.040 --> 15:31.240]  the determination as to what it means? It's up to us, folks. It's entirely up to us.
[15:31.240 --> 15:41.280]  And we are failing miserably, okay? Now, let's look at a couple of the cases here.
[15:41.280 --> 15:46.160]  The right to travel is a part of the liberty of which the citizen cannot be deprived without
[15:46.160 --> 15:55.040]  due process of law under the Fifth Amendment. That's Kent v. Dulles, 357 U.S., 116 and 125.
[15:55.040 --> 16:02.400]  The book, the legal encyclopedia, American Jurisprudence, First Edition, also makes a
[16:02.400 --> 16:07.600]  distinction. The use of the highway for the purpose of travel and transportation is not
[16:07.600 --> 16:13.200]  a mere privilege, but a common and fundamental right of which the public and individuals
[16:13.200 --> 16:21.040]  cannot rightfully be deprived. See Chicago Motor Coach v. Chicago, Laguerre v. Chicago,
[16:21.040 --> 16:29.120]  28, Northeast, 934. Boone v. Clark, 214, Southwest, 607. American Jurisprudence, First
[16:29.120 --> 16:36.960]  Edition, Highway, Section 163. Okay? All right. We're coming up on a break. Y'all hang in
[16:36.960 --> 16:40.400]  there. We'll cover some more of this case law on the other side. This is Eddie Craig,
[16:40.400 --> 16:45.000]  Deborah Stevens, Rule of Law Radio. It is traffic night. We will see you on the other
[16:45.000 --> 17:06.960]  side of the break. Capital Coin and Bullion is your local source for rare coins, precious
[17:06.960 --> 17:13.280]  metals and coin supplies in the Austin metro area. We also ship worldwide. We are a family-owned
[17:13.280 --> 17:18.000]  and operated business that offers competitive prices on your coin and metals purchases.
[17:18.000 --> 17:23.480]  We buy, sell, trade and consign rare coins, gold and silver coin collections, precious
[17:23.480 --> 17:28.920]  metals and scrap gold. We will purchase and sell gold and jewelry items as well. We offer
[17:28.920 --> 17:35.720]  daily specials on coins and bullion. We're located at 5448 Burnett Road, Suite 3 and
[17:35.720 --> 17:41.240]  we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. You
[17:41.240 --> 17:48.800]  are welcome to stop in our shop during regular business hours or call 512-646-6440 with any
[17:48.800 --> 17:54.400]  questions. Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:54.400 --> 18:11.800]  That's Capital Coin and Bullion, 512-646-6440.
[18:11.800 --> 18:24.000]  All right, folks, we are back. We're talking about the case law involved with the right
[18:24.000 --> 18:30.800]  to travel issue. And I'll go ahead and pick up with that again. The following, citizens
[18:30.800 --> 18:38.280]  right to travel upon public highways includes right to use usual conveyances of the time,
[18:38.280 --> 18:44.040]  including horse-drawn carriage or automobile for ordinary purposes of life and business.
[18:44.040 --> 18:52.280]  That is Thompson v. Smith. Smith was the chief of police at the time, 154 SE 579 and 580.
[18:52.280 --> 18:58.080]  Also, the right of the citizen to travel upon the public highways and to transport his property
[18:58.080 --> 19:04.720]  thereon either by carriage or by automobile is not a mere privilege which a city may prohibit
[19:04.720 --> 19:10.800]  or permit at will, but a common right which he has under the right to life, liberty, and
[19:10.800 --> 19:16.240]  the pursuit of happiness. Again, Thompson v. Smith.
[19:16.240 --> 19:24.320]  Now, you would think these people could read. You would think they could comprehend and
[19:24.320 --> 19:31.040]  understand. Yet, they ignore the very case law that binds them and that governs how they
[19:31.040 --> 19:36.680]  are to make their decisions. The lower courts are bound and obligated to obey the higher
[19:36.680 --> 19:45.320]  court's determination if they have nothing to show or any argument to refute the decision
[19:45.320 --> 19:53.000]  of the higher court because it was unconstitutional. If it was not unconstitutional, the lower
[19:53.000 --> 20:01.400]  court is bound by it. No court and no one of the people is bound by an unconstitutional
[20:01.400 --> 20:07.520]  law or an unconstitutional court decision. I don't care what the courts and the public
[20:07.520 --> 20:14.240]  employees want you to believe. You cannot be bound to anything that violates the Constitution
[20:14.240 --> 20:20.840]  because they have no authority to create that which violates the Constitution. It's a chicken
[20:20.840 --> 20:27.200]  and egg problem for them. You can't violate the very document that created you and says
[20:27.200 --> 20:32.440]  you can't violate it and then tell everybody else they have to abide by your determination
[20:32.440 --> 20:39.760]  of what the violation is or isn't. Again, that's ignorance. That's a dog that gets to
[20:39.760 --> 20:46.840]  set the length of his own leash. You just can't let it function that way, but we have
[20:46.840 --> 20:53.040]  for far too long. The streets and highways belong to the public for the use of the public
[20:53.040 --> 20:59.000]  in the ordinary and customary manner. What's the customary manner of the use of the highways?
[20:59.000 --> 21:04.040]  For the people to travel on, for us to get from one place to the other. The roads are
[21:04.040 --> 21:10.920]  built for our convenience. Any use outside of our convenience is an extraordinary use
[21:10.920 --> 21:18.360]  and requires special permission for that use. That's where the Commerce Park comes in.
[21:18.360 --> 21:23.200]  For private travel and pleasure, the use of the roads cannot be regulated by the state.
[21:23.200 --> 21:28.640]  They belong to the people who are using them for that purpose. But the state can regulate
[21:28.640 --> 21:35.580]  them for the extraordinary use that puts additional wear and tear and additional risk to the public
[21:35.580 --> 21:43.360]  in the hands of those that are using the roads as a place of business. That's what it's all
[21:43.360 --> 21:50.520]  about. All those who travel upon and transport their property upon the public highways using
[21:50.520 --> 21:55.080]  the ordinary conveyance of today and doing so in the usual and ordinary course of life
[21:55.080 --> 22:07.320]  and business. Hadfield, State versus City of Spokane, 109, Wisconsin 360, 186, page 864.
[22:07.320 --> 22:10.600]  The previous one, the streets and highways belong to the public for the use of the public
[22:10.600 --> 22:17.280]  in the ordinary and customary manner is Hadfield versus London, 98, Wisconsin 657, 168, page
[22:17.280 --> 22:25.600]  516. The right of the citizen, notice this all deals with the right of the citizen, not
[22:25.600 --> 22:34.200]  the privilege, not the permission granted to, but the right of the citizen. To travel
[22:34.200 --> 22:40.160]  upon the highways and to transport his property thereon in the ordinary course of life and
[22:40.160 --> 22:46.600]  business differs radically and obviously from that of one who makes the highways his place
[22:46.600 --> 22:55.280]  of business and uses it for private gain. State versus City of Spokane, okay? For while
[22:55.280 --> 23:00.600]  a citizen has the right to travel upon the public highways and to transport his own property
[23:00.600 --> 23:05.600]  thereon, that right does not extend to the use of the highways either in whole or in
[23:05.600 --> 23:11.680]  part as a place of business for private gain. For the latter purposes, no person has a vested
[23:11.680 --> 23:17.360]  right to use the highways of the state, but is a mere privilege or license with which
[23:17.360 --> 23:24.080]  the legislature may grant or withhold at its discretion. Again, Hadfield versus London,
[23:24.080 --> 23:32.720]  State versus Johnson, 243, Pacific 1073, Cummins versus Jones, 155, Pacific 171, Packard versus
[23:32.720 --> 23:44.560]  Banton, 44, South CT 257, 264 U.S. 140, okay? And it's got another whole list of citations
[23:44.560 --> 23:50.000]  that come out of that that are just way too numerous to even go into. The Washington State
[23:50.000 --> 23:56.640]  Supreme Court, one of the justices there stated, I am not particularly interested about the
[23:56.640 --> 24:02.200]  rights of haulers by contract or otherwise, but I am deeply interested in the rights of
[24:02.200 --> 24:07.840]  the public to use the public highways freely for all lawful purposes. That's Robertson
[24:07.840 --> 24:16.880]  versus Department of Public Works, 180 Washington, 133 at 139. State of Indiana, even in 1873,
[24:16.880 --> 24:23.600]  they knew the rules. It is not the amount of travel, the extent of the use of a highway
[24:23.600 --> 24:30.280]  by the public that distinguishes it from a private way or road. It is the right to so
[24:30.280 --> 24:39.600]  use or travel upon it, not its exercise. The right of use, okay? Not the exercise of the
[24:39.600 --> 24:46.760]  right, but the right to use it to begin with. The people always have that right. It's our
[24:46.760 --> 24:52.120]  money that builds and maintains the roads. They belong to us. They do not belong to the
[24:52.120 --> 25:00.840]  state, despite what they would want you to believe, okay? Again, American jurisprudence,
[25:00.840 --> 25:05.640]  the right of the citizen to travel upon the public highways and to transport his property
[25:05.640 --> 25:12.000]  thereon by horse-drawn carriage, wagon, or automobile is not a mere privilege which may
[25:12.000 --> 25:17.520]  be permitted or prohibited at will, but a common right which he has under his right
[25:17.520 --> 25:23.440]  to life, liberty, and the pursuit of happiness. Under this constitutional guarantee, one may
[25:23.440 --> 25:30.840]  therefore, under normal conditions, travel at his inclination along the public highways
[25:30.840 --> 25:36.960]  or in public places, and while conducting himself in an orderly and decent manner, neither
[25:36.960 --> 25:44.040]  interfering with nor disturbing another's rights, he will be protected, not only in
[25:44.040 --> 25:51.400]  his person, but in his safe conduct. This is 11 American jurisprudence, first edition
[25:51.400 --> 25:58.840]  constitutional law, section 329, page 1123. So when someone tells you there is no inherent
[25:58.840 --> 26:05.160]  right to travel in the Constitution, refer to the American jurisprudence. It says the
[26:05.160 --> 26:13.760]  case law shows there most precisely is a right to travel embodied within the Constitution.
[26:13.760 --> 26:19.400]  It is embodied in the right to liberty. It is embodied in the article that says that
[26:19.400 --> 26:27.480]  no state may charge a fee or tax for a citizen to go from one state to another or cross state
[26:27.480 --> 26:38.760]  lines or use the roads. The states are not allowed to tax that. So what is a license
[26:38.760 --> 26:47.920]  if it is not a tax? By definition, a license is a tax because it requires you to obtain
[26:47.920 --> 26:54.360]  it through the payment of a fee and the license is issued as a grant of permission to do that
[26:54.360 --> 27:00.480]  which you otherwise would either be illegal or would not have a right to do. Well, we've
[27:00.480 --> 27:06.320]  got case law after case law after case law reference here that says we have the right
[27:06.320 --> 27:16.680]  to do this. We have always had the right to do this. So the legislature cannot alter that.
[27:16.680 --> 27:26.080]  A statute any more than a constitutional amendment or alteration or rewrite in its entirety cannot
[27:26.080 --> 27:34.120]  remove, abrogate, derogate, or any other way destroy or diminish a vested right of the
[27:34.120 --> 27:46.160]  people. It simply doesn't work that way. They get away with it because we let them.
[27:46.160 --> 27:54.280]  Please, let's get together and stop letting them. Too many people out there just refuse
[27:54.280 --> 28:00.760]  to stand up for what's right because it's got too much trouble for them. It's too inconvenient.
[28:00.760 --> 28:06.440]  It causes problems they just don't want to deal with. Well, what kind of country do you
[28:06.440 --> 28:12.600]  want to live in? If you don't want to live in a land of the free and a home of the brave,
[28:12.600 --> 28:18.240]  then just keep with that mindset and you won't have it for long. We're losing it at too rapid
[28:18.240 --> 28:27.440]  a rate now because too many Americans have taken that attitude and won't get over it.
[28:27.440 --> 28:35.400]  We're losing this country to these people because that's the common mindset. Hopefully,
[28:35.400 --> 28:39.580]  those listening to this program and to the things that we talk about doing and try to
[28:39.580 --> 28:46.360]  teach people how to do, those people are educating other people that aren't listening to us,
[28:46.360 --> 28:52.000]  that aren't listening to anybody, that they're trying to motivate folks to get up and understand
[28:52.000 --> 28:56.680]  what they're giving up and why they're giving it up. The biggest problem is these folks
[28:56.680 --> 29:01.960]  that are doing this don't understand that they're not just taking the time to not fend
[29:01.960 --> 29:07.480]  for themselves, they're placing a heavier burden on their children, their grandchildren
[29:07.480 --> 29:13.160]  and all those that are yet to come because this generation won't set the tone that they're
[29:13.160 --> 29:23.880]  going to have to live by. Have you ever seen one of the Bugs Bunny cartoons where you get
[29:23.880 --> 29:29.800]  one little acre falling on your head or an apple or something and you think it's funny
[29:29.800 --> 29:34.720]  so you reach up and you pull another one out of the tree and suddenly the whole tree sheds
[29:34.720 --> 29:40.440]  everything it's got right on top of you and buries you under a mountain of fruit? That's
[29:40.440 --> 29:45.040]  the situation we're in, folks, by picking and choosing what rules we fight for and what
[29:45.040 --> 29:51.560]  rights we fight to keep. We're getting buried. We're about to go to another break. We will
[29:51.560 --> 29:58.360]  take phone calls on the other side. 512-646-1984, Rule of Law Radio, Eddie Craig, Debra Steven.
[29:58.360 --> 30:03.640]  We will be right back. Top ten reasons to question the official story of the Oklahoma
[30:03.640 --> 30:07.920]  City bombing. Reason number ten, what is on the surveillance tapes? There were many video
[30:07.920 --> 30:11.280]  surveillance cameras that recorded the morning of the bombing, yet the few of these that
[30:11.280 --> 30:15.120]  had been released do not show what transpired with the Ryder truck at the Murrah building.
[30:15.120 --> 30:17.920]  Most recently, the government has claimed that all of the cameras that were in different
[30:17.920 --> 30:21.880]  buildings and maintained by different businesses were all having their tapes changed at the
[30:21.880 --> 30:25.880]  exact same time, 9.02 a.m. This is insulting to the memory of those who perished in the
[30:25.880 --> 30:30.880]  bombing. What is being hidden from us? For more information, please go to okcbombingtruth.com.
[30:30.880 --> 30:36.640]  If you have a Gmail account, Google reads every message you send or receive and records
[30:36.640 --> 30:40.800]  the keywords in a profile they keep on you. I'm Dr. Catherine Albrecht and I think that's
[30:40.800 --> 30:46.960]  just plain creepy. I'll say more in a moment. Privacy is under attack. When you give up
[30:46.960 --> 30:51.800]  data about yourself, you'll never get it back again. And once your privacy is gone, you'll
[30:51.800 --> 30:57.520]  find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[30:57.520 --> 31:03.220]  and keep your information to yourself. Privacy, it's worth hanging on to. This public service
[31:03.220 --> 31:08.600]  announcement is brought to you by Startpage.com, the private search engine alternative to Google,
[31:08.600 --> 31:16.100]  Yahoo and Bing. Start over with Startpage. Hey, Gmail users, ever seen an online ad that
[31:16.100 --> 31:20.960]  exactly matches something you discussed in a private email? It's no coincidence. See,
[31:20.960 --> 31:25.800]  Google offers you Gmail about a $40 annual value for free so they can get inside your
[31:25.800 --> 31:30.080]  head and figure out your interests by reading your mail. They say reading every message
[31:30.080 --> 31:35.000]  you send or receive helps them better target ads, but most people have no idea that Google
[31:35.000 --> 31:39.160]  keeps a record of their email contents and they'd be pretty upset if they knew. When
[31:39.160 --> 31:44.000]  Gmail was first released, dozens of privacy experts asked Google to stay out of people's
[31:44.000 --> 31:49.720]  private correspondence. Unfortunately, Google ignored our request. I'm Dr. Catherine Albrecht.
[31:49.720 --> 32:15.000]  For more news and information at CatherineAlbrecht.com.
[32:19.720 --> 32:49.640]  All right, folks, we are back. We are ready to take a break. We'll be back in a minute.
[32:49.640 --> 33:06.880]  I got a ticket and was referred to a JP court and the prosecutor there told me in response
[33:06.880 --> 33:13.840]  to my discovery request and motion to produce the information that they don't have it and
[33:13.840 --> 33:19.800]  those are frivolous motions and that I have no right to discovery in a JP court and that
[33:19.800 --> 33:25.480]  justice of the peace has no control over the DPS and can't order them to release the officer's
[33:25.480 --> 33:32.160]  original notes or copies of them. And I don't think that's right, but I wanted to...
[33:32.160 --> 33:38.760]  It's not right. Okay, let me go into a quick explanation of how the legislature has attempted
[33:38.760 --> 33:45.040]  to set this up to deprive you of your due process rights. What they've done is under
[33:45.040 --> 33:51.000]  Chapter 45 of the Code of Criminal Procedure, they have attempted to encapsulate all Class
[33:51.000 --> 33:56.800]  C misdemeanor cases that are punishable by fine only. And by this encapsulation, they
[33:56.800 --> 34:03.560]  have attempted to what they claim is to simplify the process and reduce the number of formalities
[34:03.560 --> 34:11.520]  required in order to hear your case. Now, basically it's to give you a less formal setting
[34:11.520 --> 34:20.320]  to have to appear in. However, there is nothing in Chapter 45 that says you cannot demand
[34:20.320 --> 34:30.160]  or use the same formal process that any other court in such a case uses. It simply says
[34:30.160 --> 34:37.080]  that it is not required that it be used, but there's nothing in there to deny you your
[34:37.080 --> 34:43.440]  right, specifically, to the same exercise of due process that you would have in any
[34:43.440 --> 34:50.720]  other court. And for a JP or municipal court to claim that your right to due process is
[34:50.720 --> 34:56.920]  somehow different just because you're in their court for a criminal case rather than the
[34:56.920 --> 35:01.080]  district or the county court is asinine and stupid.
[35:01.080 --> 35:07.960]  Well, I think so, too. And I didn't see anything in the Constitution that exempted them from
[35:07.960 --> 35:12.880]  the requirement to present an information to the court.
[35:12.880 --> 35:18.760]  There isn't. Did the judge deny the motion?
[35:18.760 --> 35:24.600]  She hasn't ruled on it yet. And the prosecutor told me in the pretrial conference, it was
[35:24.600 --> 35:30.000]  supposed there was what the notice they sent me was a conference and I could be, you know,
[35:30.000 --> 35:33.880]  charged with failure to appear if I didn't show up. Well, I showed up and the judge wasn't
[35:33.880 --> 35:34.880]  there.
[35:34.880 --> 35:39.200]  Tell the prosecutor the next time they open their mouth of that stupid argument. Produce
[35:39.200 --> 35:44.560]  the law upon which you rely to make the assertion.
[35:44.560 --> 35:51.280]  And I found in the government code 311.021, quote, in enacting a statute, it is presumed
[35:51.280 --> 35:56.920]  that compliance with the Constitution of this state and the United States is intended.
[35:56.920 --> 35:59.920]  That's correct.
[35:59.920 --> 36:05.400]  So if anything in the Code of Constitution that says anything different or doesn't mention
[36:05.400 --> 36:06.400]  information...
[36:06.400 --> 36:12.480]  The Constitution is very specific on what grants the jurisdiction to the court. And
[36:12.480 --> 36:22.400]  information is an absolute requirement. And technically speaking, so is an indictment.
[36:22.400 --> 36:27.880]  So again, when the prosecutor attempts to use that argument, that it's frivolous or
[36:27.880 --> 36:36.560]  doesn't apply or so on and so forth, state the statute or other law upon which you depend
[36:36.560 --> 36:43.240]  to make the assertion. Tell me what law you rely on. Otherwise, you're blowing smoke and
[36:43.240 --> 36:45.840]  sounding really stupid in the process.
[36:45.840 --> 36:50.920]  Remember, you can talk to that prosecutor any way you want to. They put their pants
[36:50.920 --> 36:56.600]  on the same way you do. They're not any better. And I can almost guarantee you they're not
[36:56.600 --> 36:57.600]  more intelligent.
[36:57.600 --> 37:03.280]  She said there was no other notes that the officer made. I asked her, were you there?
[37:03.280 --> 37:12.000]  Yeah, exactly. She is not privy to that. The officer is. So you need to file a bar grievance
[37:12.000 --> 37:19.960]  against the prosecutor. And you do it for each and everything that she misquoted or
[37:19.960 --> 37:27.320]  lied to you about in that meeting. File a separate bar grievance for each one.
[37:27.320 --> 37:33.880]  To get them to dismiss the ticket, do I need to do anything more? Do I need to send maybe
[37:33.880 --> 37:40.360]  a request for admissions on the statements that she made?
[37:40.360 --> 37:44.720]  You're not going to be able to use any statements made by the prosecutor in your case.
[37:44.720 --> 37:45.720]  No.
[37:45.720 --> 37:52.120]  Okay. Not unless you can show that the prosecutor was threatening you or in other ways intentionally
[37:52.120 --> 37:57.520]  misrepresenting the law, at least as the law pertains to your case.
[37:57.520 --> 38:01.640]  She did say I could be sanctioned and charged with filing a frivolous motion.
[38:01.640 --> 38:08.960]  Well she's full of crap for that too. You don't carry a bar card so you can't be sanctioned.
[38:08.960 --> 38:19.840]  Only a lawyer with a bar card can be sanctioned. So if the judge goes along with her, file
[38:19.840 --> 38:24.920]  judicial conduct complaints against the judge. But right now you start filing bar grievances
[38:24.920 --> 38:29.640]  with the State Bar Association against that attorney. Find out who the bond issuer is
[38:29.640 --> 38:35.480]  in your county for the count. This is the JP court so it's the county attorney, correct?
[38:35.480 --> 38:36.480]  Yes.
[38:36.480 --> 38:41.980]  Okay. Find out who carries the bond for the county attorney. Make sure you send copies
[38:41.980 --> 38:52.200]  of those bar grievances directly to them. But also make sure you send them to the Bar
[38:52.200 --> 38:53.200]  Association.
[38:53.200 --> 38:58.840]  She didn't seem to know what due process was.
[38:58.840 --> 39:03.920]  No. They don't. They're not trained on due process. They're trained on lie, cheat, steal
[39:03.920 --> 39:10.160]  and trick you into whatever they like. And when they can't do any of those, simply force
[39:10.160 --> 39:20.160]  you anyway. But that's exactly why I tell everybody, take a recorder, record what they
[39:20.160 --> 39:26.280]  say, private meeting or in the courtroom, do it. Because you don't have any other record
[39:26.280 --> 39:30.880]  if you don't have witnesses handy.
[39:30.880 --> 39:40.120]  Is there any law that would make it a crime or invalidate the record of you making a record
[39:40.120 --> 39:45.040]  recording without them knowing about it? Some type of electronic recording?
[39:45.040 --> 39:52.160]  Not unless there's an eavesdropping statute that would apply inside of a public courtroom.
[39:52.160 --> 39:53.160]  Are you in Texas?
[39:53.160 --> 39:55.000]  Yes, sir.
[39:55.000 --> 40:02.640]  There is no law. The law is very, very clear. Only one party to any conversation is required
[40:02.640 --> 40:07.920]  to know the conversation is being recorded. It doesn't matter in what method the conversation
[40:07.920 --> 40:14.400]  is conducted. Telephone, public, private, doesn't matter as long as one party to the
[40:14.400 --> 40:18.320]  conversation knows it's being recorded.
[40:18.320 --> 40:20.320]  Okay.
[40:20.320 --> 40:29.320]  All right. Well, I guess that's really all I had to ask you. I appreciate it.
[40:29.320 --> 40:30.320]  Yes, sir. No problem.
[40:30.320 --> 40:31.320]  Thank you.
[40:31.320 --> 40:32.320]  Thanks, Chad.
[40:32.320 --> 40:33.320]  Thanks, Deborah.
[40:33.320 --> 40:40.760]  Okay. We have some more callers on the line. We've got Kevin from Colorado. Kevin, thanks
[40:40.760 --> 40:42.760]  for calling in. What's on your mind tonight?
[40:42.760 --> 40:49.600]  Yes. Thanks for taking my call. I'll be as brief as I possibly can, trying to get information
[40:49.600 --> 40:57.360]  on how to go to the grand jury regarding a assault committed upon me by the State Patrol
[40:57.360 --> 40:58.360]  here in Colorado.
[40:58.360 --> 41:04.400]  Well, the first thing is, find out what the format of an actual criminal complaint is,
[41:04.400 --> 41:09.480]  write it up and get it notarized. Okay? Make sure it follows the format that the statutes
[41:09.480 --> 41:14.240]  require for a valid and verified complaint. I can't tell you what section of law you're
[41:14.240 --> 41:19.480]  going to find it in, but it'll be probably in whatever represents the code of criminal
[41:19.480 --> 41:21.280]  procedure there in Colorado.
[41:21.280 --> 41:22.280]  Okay.
[41:22.280 --> 41:29.080]  Then you call, who impanels your grand juries, your counties or your districts?
[41:29.080 --> 41:30.880]  It's the county.
[41:30.880 --> 41:36.320]  Okay. Then call the county court, find out who is in charge of the impaneling of the
[41:36.320 --> 41:44.440]  grand jury, contact that person, and then ask them, when does the grand jury come into
[41:44.440 --> 41:55.000]  session next? Get the dates and the times, and then double check the statutes there in
[41:55.000 --> 42:03.240]  Colorado for who may present to a grand jury and how. If it's like Texas, all you've got
[42:03.240 --> 42:08.120]  to do is make it known to any grand jury member or go to the grand jury while they're in session
[42:08.120 --> 42:12.360]  and inform them that you have knowledge of a criminal activity and you're there to give
[42:12.360 --> 42:16.080]  a testimony and submit a complaint based upon that.
[42:16.080 --> 42:22.600]  Okay. I think I found that in Colorado revised statute Title 18.
[42:22.600 --> 42:23.600]  Okay.
[42:23.600 --> 42:28.280]  And I believe it's Title 18 Rule 4 here in Colorado.
[42:28.280 --> 42:32.760]  Okay. Just make sure you write everything down that you're going to be using as your
[42:32.760 --> 42:36.720]  authority to be there and doing what you're doing so that you can show it to somebody
[42:36.720 --> 42:39.520]  if they ask you a question.
[42:39.520 --> 42:41.400]  Okay.
[42:41.400 --> 42:46.160]  Never go anywhere without a checklist and a reference sheet.
[42:46.160 --> 42:47.160]  A checklist?
[42:47.160 --> 42:53.920]  Yeah. The checklist is who do I have to talk to, where are they, what's their contact information,
[42:53.920 --> 43:00.120]  and what was discussed, basically like a daily journal as well. It's a list of tasks of who
[43:00.120 --> 43:04.680]  you got to talk to, but everything that you did do while you were interacting with that
[43:04.680 --> 43:05.680]  individual.
[43:05.680 --> 43:06.680]  Okay.
[43:06.680 --> 43:13.720]  And Kevin guaranteed the prosecutor is going to get in the way. Now in Texas, it's enumerated
[43:13.720 --> 43:20.640]  in statute. It's not only a right, but it's actually enumerated in statute that any credible
[43:20.640 --> 43:28.400]  person can present to a grand jury, criminal charges. And the definition of credible person
[43:28.400 --> 43:34.040]  is you have to be over 18 and never been convicted of a felony. But the prosecutor will still
[43:34.040 --> 43:41.080]  try to get in the way. And so basically it could come down to this. Got to call 911 outside
[43:41.080 --> 43:45.840]  the grand jury door when the prosecutor tries to get in the way. That's about where our
[43:45.840 --> 43:52.640]  republic is at right now. Because if we can't present directly to our grand juries, it's
[43:52.640 --> 43:57.360]  just straight up tyranny, folks. So be prepared to come up with some creative methods. We'll
[43:57.360 --> 44:02.160]  talk about that some more on the other side.
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[45:23.640 --> 45:34.560]  Okay, folks, we're back. We're talking with Kevin in Colorado right now about how to
[45:34.560 --> 45:39.440]  present criminal charges directly to the grand jury. And folks, we do have the right to
[45:39.440 --> 45:47.040]  do that. Some states, it is prohibited in statute, very few states. Some states don't
[45:47.040 --> 45:53.840]  even have grand juries like some commonwealths up in, you know, the northeast. But most states
[45:53.840 --> 45:59.240]  do have grand juries. We do have the right to present criminal charges directly to the
[45:59.240 --> 46:06.600]  grand jury. We don't have to go to the prosecutor. Prosecutor guaranteed will try to get in your
[46:06.600 --> 46:12.000]  way. A lot of the time you have to go through the prosecutor's office to get to the grand
[46:12.000 --> 46:19.240]  jury office. If there even is a public access door from the hallway in the courthouse to
[46:19.240 --> 46:26.640]  the grand jury office, there's often door, you know, an adjoining door joining the two
[46:26.640 --> 46:33.960]  offices somewhere. We have to come up with some creative methods, folks. Sometimes Randy's
[46:33.960 --> 46:38.880]  had to call 911 outside the grand jury door when the prosecutor and the bailiff tried
[46:38.880 --> 46:44.160]  to interfere and break the law and prevent him from having access to the grand jury to
[46:44.160 --> 46:50.760]  file charges. Now, there's all kinds of things we can do. You don't want to stalk grand jury
[46:50.760 --> 46:57.320]  members, you know, because that can, you know, intimidate people. Okay? But there's things
[46:57.320 --> 47:04.800]  like you can leave the complaints on the, you know, their cars. That's not a bona fide
[47:04.800 --> 47:11.800]  filing, but sometimes that's all you can do. Now, you could pull a Wendy, we call it, Wendy
[47:11.800 --> 47:18.920]  in Tennessee. What she's done before is she waits until the day that they're going to
[47:18.920 --> 47:25.480]  have a grand jury in paneling, all right, where they call grand jury duty and they screen
[47:25.480 --> 47:32.480]  people. And so what she'll do is she'll prepare, you know, 100 or more, however many criminal
[47:32.480 --> 47:39.920]  complaints and then she'll wait on the courthouse steps at 730 in the morning and as people
[47:39.920 --> 47:45.960]  are arriving for the jury screening, you know, she dresses up in a suit and she's got the
[47:45.960 --> 47:49.400]  criminal complaints and she's like, oh, you're here for grand jury duty? You're here for
[47:49.400 --> 47:54.240]  jury duty? Okay, here's some information. Here's some jury information. And so she presents
[47:54.240 --> 47:59.560]  the criminal complaints to the prospective grand jury members as they're walking in
[47:59.560 --> 48:03.720]  the courthouse or as they're waiting in line outside the courthouse. And so, yes, some
[48:03.720 --> 48:07.720]  people, they're not going to get picked, but the ones who do get picked, they've already
[48:07.720 --> 48:14.160]  got the criminal complaints in their hand before the prosecutor ever gets a chance to
[48:14.160 --> 48:20.840]  corrupt them, so to speak. Okay, so we've got to come up with some creative ways to
[48:20.840 --> 48:26.560]  get our criminal complaints directly to the grand jury because it's the only way that
[48:26.560 --> 48:31.360]  we're going, it's the only way we're going to be able to make this work because the prosecutor
[48:31.360 --> 48:36.240]  is just constantly in the way and trying to control the grand jury and most of the time
[48:36.240 --> 48:39.840]  the grand jury doesn't, they don't know what their rights are. So you need to check the
[48:39.840 --> 48:45.200]  statute in your state, Kevin, but yeah, presenting criminal complaints to the grand jury is much
[48:45.200 --> 48:50.120]  easier said than done, that's for sure. And Randy has a whole strategy we've discussed
[48:50.120 --> 48:56.200]  before. Sometimes you don't want to go directly to the grand jury first. Sometimes you want
[48:56.200 --> 49:01.200]  to go to the prosecutor first, the district attorney, and depending on the laws of the
[49:01.200 --> 49:08.200]  state, if the prosecutor is required to pass along the complaint to the grand jury, in
[49:08.200 --> 49:14.000]  Texas the prosecutor has to reduce the complaint to an information submitted to the grand jury
[49:14.000 --> 49:18.640]  in the case of complaints against public officials, public servants, if the district attorney
[49:18.640 --> 49:22.680]  doesn't do that, well now the district attorney is in violation of law too and so now you
[49:22.680 --> 49:29.160]  get to file criminal complaints against the district attorney. You can file criminal complaints
[49:29.160 --> 49:34.120]  with magistrates and all judges are magistrates here in Texas, mayors are magistrates, on
[49:34.120 --> 49:39.880]  and on. So depending on the situation, you can have a whole complex strategy of how you're
[49:39.880 --> 49:44.080]  going to go from one to the next and as they refuse your criminal complaints, well now
[49:44.080 --> 49:48.280]  you've got charges on them and then eventually you end up going to the grand jury with charges
[49:48.280 --> 49:56.280]  against all of them. So depending on how much trouble you want to cause and how big of a
[49:56.280 --> 50:02.800]  fight you want to pick depends on who you're going to go to first. So it just depends on
[50:02.800 --> 50:08.120]  the case but those are some strategies that we discussed before. So does that make sense
[50:08.120 --> 50:09.120]  Kevin?
[50:09.120 --> 50:17.320]  Yes. May I briefly state what happened? I was pulled over at a traffic stop and was
[50:17.320 --> 50:25.600]  assaulted by this state patrol officer, knocked to the ground, given a concussion, quite a
[50:25.600 --> 50:33.880]  bit of physical trauma to myself. The guy just attacked me out of nowhere as I was trying
[50:33.880 --> 50:38.960]  to dial 911 when he threatened me. He jumped me from behind and knocked me to the ground
[50:38.960 --> 50:42.920]  and while he had me on the ground, somebody else came up and jumped in the middle of my
[50:42.920 --> 50:48.120]  back. Well, they ended up having to take me to the hospital for all the stuff that this
[50:48.120 --> 50:54.240]  guy did to me. While I'm in the hospital, he comes into the room and well actually at
[50:54.240 --> 50:59.320]  the scene of the stop, he has me on the ground and basically says, you know, if you don't
[50:59.320 --> 51:09.640]  shut up, I'm going to tase you. And I said, what made him say this was that I had told
[51:09.640 --> 51:13.720]  him, well, you know, I'm glad this is on videotape because I'm going to sue you. And that's when
[51:13.720 --> 51:19.080]  he yelled at me, if I don't shut up, he's going to tase me. The other deputy that was
[51:19.080 --> 51:24.560]  in the middle of my back momentarily tries to get away from me and this guy all of a
[51:24.560 --> 51:30.120]  sudden calms down. They take me to the hospital, put me in this room, continue to assault me
[51:30.120 --> 51:39.600]  in the room and he leans over, gets in my face. I was temporarily, I wouldn't say blinded,
[51:39.600 --> 51:46.360]  but my vision was so poor at this point, I couldn't see anybody clearly. And he gets
[51:46.360 --> 51:51.840]  right up in my face and says, well, I'm going to allege that you tried to choke me. And
[51:51.840 --> 51:57.640]  that's when I called him a damn liar. And he tried to read me my Miranda rights. They
[51:57.640 --> 52:02.200]  charged me originally with three felonies. Within 10 days, they dropped that, charged
[52:02.200 --> 52:07.600]  me with three misdemeanors. This had been going on since January 31st and they have
[52:07.600 --> 52:16.080]  offered me five plea deals and I've turned every one of them down. The latest one was
[52:16.080 --> 52:24.080]  two years unsupervised probation in community service. And I've turned them all down. I
[52:24.080 --> 52:30.880]  have basically stated I didn't do anything. They took me to a video deposition the first
[52:30.880 --> 52:39.680]  morning. I was in jail and the judge basically stated in the video deposition that, well,
[52:39.680 --> 52:45.480]  this is very serious charges. And I countered with, well, have you reviewed the videotape?
[52:45.480 --> 52:49.320]  And his statement was, well, I'm not going to argue the case. I said, I'm not arguing
[52:49.320 --> 52:53.600]  the case. I'm just asking you if you've reviewed the videotape because it'll prove everything
[52:53.600 --> 53:00.800]  that I'm saying that he attacked me. I never laid a hand on the guy. And it's gone back
[53:00.800 --> 53:06.920]  and forth this way. They've denied all discovery, everything. So now I'm basically down to Colorado
[53:06.920 --> 53:10.320]  Open Records Act and Freedom of Information Act.
[53:10.320 --> 53:12.720]  You filed suit and they're denying discovery?
[53:12.720 --> 53:13.720]  Yeah.
[53:13.720 --> 53:14.720]  Who did you file?
[53:14.720 --> 53:15.720]  Who's denying it?
[53:15.720 --> 53:16.720]  What's that?
[53:16.720 --> 53:19.720]  Who is doing the denying?
[53:19.720 --> 53:20.720]  The judge.
[53:20.720 --> 53:24.320]  Who did you file suit against, Kevin?
[53:24.320 --> 53:25.320]  I'm sorry?
[53:25.320 --> 53:29.560]  Who did you, whom did you file suit against?
[53:29.560 --> 53:36.840]  The state patrol officer, the sheriff's deputy, the, well, actually it was a local police
[53:36.840 --> 53:42.560]  officer that jumped in the middle of my back and helped in the commission of the assault
[53:42.560 --> 53:50.280]  based on the lie that was told by the state patrol officer. A couple of sheriff's deputies.
[53:50.280 --> 53:51.960]  Have you sued the hospital yet?
[53:51.960 --> 53:54.640]  Well, I'm in the process of doing that.
[53:54.640 --> 54:00.960]  Yeah, I think you need to see the hospital because you were assaulted under, while you
[54:00.960 --> 54:04.960]  were in their care. And if there's, you need to make sure you've got copies of all the
[54:04.960 --> 54:10.360]  medical records and make sure there's some kind of documentation showing that there are
[54:10.360 --> 54:18.160]  medical injuries after there was some type of interaction between you and these public
[54:18.160 --> 54:19.160]  serpents.
[54:19.160 --> 54:27.000]  Yes. Well, my, my wife, or I should say the Lord got me out of jail Monday night at nine
[54:27.000 --> 54:36.080]  o'clock, almost 24 hours to the, to the minute. And my wife immediately took me to a pharmacy
[54:36.080 --> 54:46.000]  to get some Tylenol or something like that. The next, I slept, that was a Monday night.
[54:46.000 --> 54:52.960]  I slept Tuesday until almost nine o'clock Tuesday night. Wednesday morning, she took
[54:52.960 --> 54:58.520]  me to a doctor that confirmed a lot of the stuff that's gone on. I'm now having memory
[54:58.520 --> 55:04.280]  problems. I have eyesight problems. I'm a certified welder by trade and I'm having a
[55:04.280 --> 55:13.360]  really difficult time doing my job because I have, you know, quite a bit of pain trying
[55:13.360 --> 55:15.480]  to hold on to a welding stinger.
[55:15.480 --> 55:25.680]  Right. Kevin, listen, suing these public servants directly, that is absolutely, you know, righteous.
[55:25.680 --> 55:32.520]  They should pay out of their own pocket for what they did to you. But really, if you,
[55:32.520 --> 55:36.320]  if you want to push this and make sure it goes somewhere, it's going to require more
[55:36.320 --> 55:41.440]  than a lawsuit against these public servants. You're going to have to sue the hospital and
[55:41.440 --> 55:45.560]  you're going to have to file criminal charges against these public servants and you're going
[55:45.560 --> 55:48.600]  to have to file criminal charges against the hospital administrator.
[55:48.600 --> 55:56.960]  Well, that's what I'm trying to do. And so I've got a, I've downloaded the, and I appreciate
[55:56.960 --> 56:03.960]  your input, really I do. And I'm thankful to have found you folks on the radio, or actually
[56:03.960 --> 56:11.440]  on the internet. So I'm trying to do that. I just want to be sure I have some understanding
[56:11.440 --> 56:16.400]  as to how to do it. So I've, I've tried to read everything on your website and I'm still
[56:16.400 --> 56:23.240]  reading and learning quite a bit. Thank you for all that information, by the way. And
[56:23.240 --> 56:28.240]  so that's, I'm trying, I'm trying to put together a criminal complaint. And if I understand
[56:28.240 --> 56:34.720]  Colorado revised statute, title 18 rule four, it says that there are three ways to file
[56:34.720 --> 56:39.520]  a criminal complaint. One is through the grand jury. One is through the prosecutor or one
[56:39.520 --> 56:44.680]  is to file it yourself. And here in Colorado, if I understand the statute correctly, the
[56:44.680 --> 56:52.720]  prosecutor does not have the discretion once a criminal act has been made known to him
[56:52.720 --> 56:59.640]  to, you know, decide not to prosecute. That's why, that's why we say go to the prosecutor
[56:59.640 --> 57:06.120]  first. And then if he doesn't pass the criminal complaint along to the grand jury, then you
[57:06.120 --> 57:12.360]  get to file criminal charges against the prosecutor too. Yeah. For illegally protecting the criminals.
[57:12.360 --> 57:18.040]  Right. Here in Texas that they do the same thing. They're not allowed to ignore the complaint,
[57:18.040 --> 57:23.120]  but they do. Right. It then allows us to go after the prosecutor as well. But right now,
[57:23.120 --> 57:28.360]  if you've already filed motions for discovery and everything else and the judge has denied
[57:28.360 --> 57:33.920]  them out of hand, you need to be filing judicial conduct complaints against that judge. Absolutely
[57:33.920 --> 57:38.920]  and bar grievances. And also that's why I'm saying to bring the hospital into it. Because
[57:38.920 --> 57:45.800]  whenever you are just going after public servants only, whether it be with lawsuits or criminal
[57:45.800 --> 57:51.360]  complaints or a combination of both, it's just like an uphill battle. It really is.
[57:51.360 --> 57:57.320]  And it shouldn't have to be that way. But if you can drag another private entity into
[57:57.320 --> 58:03.560]  the situation as a co-defendant or, you know, you're filing criminal charges against people
[58:03.560 --> 58:08.760]  in the hospital as well, because they're the ones that have the money. The hospital has
[58:08.760 --> 58:15.200]  the money and they don't want the bad publicity. So if you can drag the hospital into the criminal
[58:15.200 --> 58:20.600]  charges and the lawsuit, then what's going to happen is that the hospital is just going
[58:20.600 --> 58:27.400]  to do whatever needs to be done to make the whole thing go away. And hopefully, you'll
[58:27.400 --> 58:31.880]  be able to get some justice as well. But I think if you really want to get something
[58:31.880 --> 58:38.200]  done, you're not going to be able to just go strictly ivory tower, righteous, going
[58:38.200 --> 58:41.680]  after the public servants. You're going to have to drag the hospital into it. And they
[58:41.680 --> 58:46.560]  are liable because you were assaulted and injured while you were under their care. You
[58:46.560 --> 58:51.480]  should sue the doctor and you should file a complaint with the state medical board against
[58:51.480 --> 58:57.480]  the doctor under whom you were cared for. Okay? Bring the doctors into it. Bring the
[58:57.480 --> 59:13.280]  nurses into it.
[59:13.280 --> 59:35.120]  Exactly.
[59:35.120 --> 01:00:05.040]  This news brief brought to you by the International News Net.
[01:00:05.040 --> 01:00:08.600]  Seven US troops died in weekend attacks in Afghanistan.
[01:00:08.600 --> 01:00:13.360]  Two servicemen died in bombing Sunday in southern Afghanistan, while two others were killed
[01:00:13.360 --> 01:00:16.000]  in a bomb attack in the south Saturday.
[01:00:16.000 --> 01:00:19.680]  Three more were killed in fighting in the east the same day.
[01:00:19.680 --> 01:00:27.280]  The latest deaths bring to 42 the number of US forces killed this month in Afghanistan.
[01:00:27.280 --> 01:00:32.480]  In lower Manhattan, as right-wing supporters protested a proposed Islamic cultural centre
[01:00:32.480 --> 01:00:39.720]  near ground zero, historians are excavating the bones of 20,000 slaves buried in the area.
[01:00:39.720 --> 01:00:45.520]  On the site of building 6, destroyed by a huge unexplained explosion on 9-11, prayer
[01:00:45.520 --> 01:00:52.280]  beads believed to be Islamic were among artifacts dug up.
[01:00:52.280 --> 01:00:57.240]  Over 500 Afghans took to the streets Friday protesting the presence of private security
[01:00:57.240 --> 01:01:02.440]  firms in the country after two civilians were killed by foreign contractors.
[01:01:02.440 --> 01:01:08.240]  The security firm responsible for the deaths claims the two victims were Taliban militants.
[01:01:08.240 --> 01:01:14.240]  Afghan President Hamid Karzai has called for all 40,000 registered and unregistered contractors
[01:01:14.240 --> 01:01:18.040]  to leave the country.
[01:01:18.040 --> 01:01:23.120]  Former UK Prime Minister Tony Blair attempted to prolong his time in office after he was
[01:01:23.120 --> 01:01:28.720]  warned the Bush administration had grave doubts about Gordon Brown's suitability to succeed
[01:01:28.720 --> 01:01:30.120]  him as Prime Minister.
[01:01:30.120 --> 01:01:34.760]  The Sunday Telegraph reported Blair was told George Bush and his advisors would have big
[01:01:34.760 --> 01:01:36.640]  problems working with Brown.
[01:01:36.640 --> 01:01:41.840]  The White House warnings played a key role in Blair's attempt to cling to power.
[01:01:41.840 --> 01:01:46.560]  US administration officials sounded the alert after a meeting between Brown and Secretary
[01:01:46.560 --> 01:01:52.680]  of State Condoleezza Rice in which Brown harangued Rice over US foreign policy.
[01:01:52.680 --> 01:01:57.680]  And she reported her misgivings to the White House, which relayed them to Blair, who signaled
[01:01:57.680 --> 01:02:00.280]  his intention to stay on as Prime Minister.
[01:02:00.280 --> 01:02:06.520]  However, Blair was forced to abandon his plan following a coup led by Brown's supporters.
[01:02:06.520 --> 01:02:12.280]  Brown became Prime Minister in 2007, pursuing a foreign policy far more independent of the
[01:02:12.280 --> 01:02:17.280]  US than Blair's had been.
[01:02:17.280 --> 01:02:21.080]  Thousands of people gathered at the Lincoln Memorial in Washington Saturday, the site
[01:02:21.080 --> 01:02:25.480]  of Dr. Martin Luther King's I Have a Dream speech 47 years ago.
[01:02:25.480 --> 01:02:31.680]  It came to see former Morning Zoo disc jockey turned Fox News commentator Glenn Beck deliver
[01:02:31.680 --> 01:02:35.320]  his 100-year plan to restore America's honor.
[01:02:35.320 --> 01:02:39.960]  Critics say Beck and the religious right are not concerned about racism and poverty, which
[01:02:39.960 --> 01:02:43.040]  King dedicated his life to eradicating.
[01:02:43.040 --> 01:02:48.320]  Critics say Beck didn't simply appropriate King's legacy, he stole rhetoric from Barack
[01:02:48.320 --> 01:02:51.960]  Obama, whom in the past he has accused of racism.
[01:02:51.960 --> 01:02:57.760]  Beck told the crowd, one man can change the world, adding, that man or woman is you.
[01:02:57.760 --> 01:03:01.840]  This news brief brought to you by the International News Network.
[01:03:01.840 --> 01:03:08.840]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:11.720 --> 01:03:14.720]  talk radio at its best.
[01:03:14.720 --> 01:03:21.720]  This all according to the will of the Almighty, I read his book and it says he cares not for
[01:03:35.280 --> 01:03:42.280]  the unsightly, these warmongers come by that term rightly.
[01:03:42.280 --> 01:03:49.280]  Okay, folks, we're back, the rule of law, we're speaking with Kevin in Colorado and
[01:03:52.400 --> 01:03:59.400]  yeah, Kevin, so as I was saying before we went to break, we need to take down everyone
[01:03:59.840 --> 01:04:06.840]  who touched the tar baby, so to speak, as Randy would put it, hospital administrator,
[01:04:06.840 --> 01:04:13.840]  you need to file administrative complaints with the state medical board against the doctor
[01:04:14.880 --> 01:04:20.800]  that was your provider at the time, you need to file administrative complaints with whatever
[01:04:20.800 --> 01:04:27.800]  state governing agency governs and licenses and regulates the nurses, you need to sue
[01:04:29.640 --> 01:04:35.840]  the hospital, okay, now when you file these administrative complaints against these healthcare
[01:04:35.840 --> 01:04:41.640]  providers and against the hospital, there's probably a state regulatory agency that governs
[01:04:41.640 --> 01:04:47.960]  hospitals, all right, you need to file as many administrative complaints as you can
[01:04:47.960 --> 01:04:54.960]  against these private entities, both the individuals and the businesses and the reason is because
[01:04:55.560 --> 01:05:01.600]  even if you're not going to get any money out of it, what happens is that it racks up
[01:05:01.600 --> 01:05:08.600]  points for their insurance and it costs them and sometimes they lose the license over it
[01:05:10.200 --> 01:05:16.080]  and if enough people start holding the hospitals responsible and the doctors and the nurses
[01:05:16.080 --> 01:05:23.080]  and the administrators and all, you know, these entities that collude with these rogue
[01:05:23.160 --> 01:05:29.440]  assaulting law enforcement, well then it ain't going to take too long before the hospitals
[01:05:29.440 --> 01:05:33.760]  and the doctors and the nurses, they ain't going to be wanting to coordinate and collude
[01:05:33.760 --> 01:05:40.760]  like this anymore and we have to pull whatever leverage we can because our government and
[01:05:40.960 --> 01:05:47.960]  our country is completely out of control right now, okay, totally out of control and so we've
[01:05:48.360 --> 01:05:54.800]  got to take down everybody in our path, you know, that touches the tar baby as Randy says
[01:05:54.800 --> 01:06:00.840]  and eventually things will change but if you just go after the public servants, it's going
[01:06:00.840 --> 01:06:07.840]  to be a very difficult road and you may not have much success, okay, so that would be
[01:06:07.840 --> 01:06:13.200]  my recommendation at this point and you're going to know the Colorado law better than
[01:06:13.200 --> 01:06:20.200]  us, so just try to file as many administrative complaints and bar grievances and things like
[01:06:20.200 --> 01:06:25.200]  that as you can and the criminal complaints and the lawsuits.
[01:06:25.200 --> 01:06:32.200]  Well, I've never been arrested for a thing in my life. I'm 55 years old. You know, I've
[01:06:35.320 --> 01:06:37.200]  never been arrested for a damn thing.
[01:06:37.200 --> 01:06:39.720]  Right, but Kevin, that's not the point, see.
[01:06:39.720 --> 01:06:42.000]  I understand that.
[01:06:42.000 --> 01:06:48.080]  The way that we approach things here regarding due process is that it doesn't matter if you
[01:06:48.080 --> 01:06:53.120]  did anything wrong or not. It doesn't even matter what your past is. What matters is
[01:06:53.120 --> 01:07:00.120]  that they broke the law, okay, and so, you know, filing criminal complaints for aggravated
[01:07:00.440 --> 01:07:07.440]  kidnapping and all these kinds of things, you've got to look at the governing statutes
[01:07:09.440 --> 01:07:16.080]  that require the public servants to do certain things and if they did not do what was required
[01:07:16.080 --> 01:07:23.080]  of them or if they did things beyond the scope of their authority, then they're in violation
[01:07:23.380 --> 01:07:29.640]  of law, big time. Likely, they didn't take you directly to a magistrate, which I'm sure
[01:07:29.640 --> 01:07:33.920]  they're required to. Most of the time, they'll take you to jail first and then you see a
[01:07:33.920 --> 01:07:40.920]  magistrate later. In Texas, that's totally illegal, so you have to look at the statute,
[01:07:41.360 --> 01:07:43.560]  you know, like the Code of Criminal Procedure and such.
[01:07:43.560 --> 01:07:50.560]  Well, I asked the sheriff's deputy, see, I'm a 50% rated disabled DOM vet, okay. I was
[01:07:53.000 --> 01:08:00.000]  run over by a truck, so I can't run 30 feet and I only have one good eye. So, I asked
[01:08:01.000 --> 01:08:07.440]  the guy, the sheriff's deputy, put me back in his car, I said, I would like you to take
[01:08:07.440 --> 01:08:13.440]  me to the on duty magistrate and his response was, well, I'm only helping out the state
[01:08:13.440 --> 01:08:18.400]  patrol. And I remember telling them something to the effect, the Nuremberg defense was done
[01:08:18.400 --> 01:08:24.280]  away with in 1947. In other words, you can't claim you're just doing your job and expect
[01:08:24.280 --> 01:08:31.280]  immunity for it. Well, he didn't like that at all. But, you know, they took me to the
[01:08:31.840 --> 01:08:36.360]  hospital and continued to basically continue assaulting me at the hospital.
[01:08:36.360 --> 01:08:39.160]  Well, that's why I'm saying you have to go after the hospital. You're going to have to
[01:08:39.160 --> 01:08:42.360]  go after the hospital for sure.
[01:08:42.360 --> 01:08:49.360]  Okay. Well, I don't mean to monopolize your time and I want to say thank you ever so much
[01:08:49.640 --> 01:08:55.280]  for taking the time to speak to me. I've been taking notes and I'm going to go get busy
[01:08:55.280 --> 01:08:56.200]  again and...
[01:08:56.200 --> 01:09:00.440]  Okay. And we have archives. We'll have the archives posted later, Kevin. And also, you
[01:09:00.440 --> 01:09:07.440]  mentioned something about your eyes. It's likely that you could go after them for some
[01:09:07.440 --> 01:09:14.200]  kind of civil rights violations of discrimination for handicapped. You may even be able to go
[01:09:14.200 --> 01:09:20.560]  after them in federal court or something. So look at the state and federal laws governing
[01:09:20.560 --> 01:09:27.560]  how handicapped people are supposed to be treated regarding being arrested like this
[01:09:28.400 --> 01:09:34.440]  because you could probably find some additional torts and laws that they violated there.
[01:09:34.440 --> 01:09:41.440]  Yes. Well, I've been reading the Americans with Disabilities Act. I don't know. It seems
[01:09:41.440 --> 01:09:47.680]  to be a toothless tiger in some respect. But that's not how I want to be known. The only
[01:09:47.680 --> 01:09:54.680]  reason I bring that up is that this guy launched into a full frontal... Actually, he attacked
[01:09:54.800 --> 01:10:01.800]  me from behind because he threatened me on the phone. I'm hard of hearing. So I'm trying
[01:10:01.800 --> 01:10:06.800]  to dial 911, and that's when this guy attacks me.
[01:10:06.800 --> 01:10:13.360]  Well, listen, Kevin, look up the state laws on what the penalties are for interfering
[01:10:13.360 --> 01:10:20.360]  with a 911 call because in Texas, to interfere with a 911 call is like a class B felony.
[01:10:20.960 --> 01:10:27.960]  Okay? It's serious, serious business to interfere with a 911 call. So look at every little step
[01:10:27.960 --> 01:10:33.960]  of the way. And I wasn't trying to say that you should try to be a martyr or anything
[01:10:33.960 --> 01:10:38.960]  because of disability. I'm just saying, hey, man, all's fair in love and war. And this
[01:10:38.960 --> 01:10:44.960]  is a war. And so we've got to go after them with any which way we can, lawfully.
[01:10:44.960 --> 01:10:50.960]  I understand that. I understand that. And I'm learning a lot. The only reason I brought
[01:10:50.960 --> 01:10:57.960]  that up is that he verbally threatened me, and I turned away from him to dial 911 on
[01:10:57.960 --> 01:11:04.960]  my phone. That's when he attacked me, deliberately did everything he could to knock the phone
[01:11:04.960 --> 01:11:10.960]  out of my hand, which he ended up doing, and then basically knocking me to the ground and
[01:11:10.960 --> 01:11:12.960]  beating the living tar out of me.
[01:11:12.960 --> 01:11:17.960]  Yes. So you've got aggravated assault because he was armed at the time, I'm sure. And you've
[01:11:17.960 --> 01:11:20.960]  also got interfering with a 911 call.
[01:11:20.960 --> 01:11:22.960]  And conspiracy to commit.
[01:11:22.960 --> 01:11:23.960]  Right.
[01:11:23.960 --> 01:11:24.960]  Since he had help.
[01:11:24.960 --> 01:11:30.960]  Right. And you charge the hospital administrator and the hospital security team and the doctor
[01:11:30.960 --> 01:11:35.960]  and the nurse, charge all of them criminally, too, with conspiracy.
[01:11:37.960 --> 01:11:38.960]  Okay. Conspiracy.
[01:11:38.960 --> 01:11:44.960]  Conspiracy to commit, yeah. And see, in some states, there's kidnapping laws. In some states,
[01:11:44.960 --> 01:11:51.960]  there's false imprisonment. In Texas, we don't have false imprisonment statutes. That sort
[01:11:51.960 --> 01:11:54.960]  of thing falls under false arrest.
[01:11:56.960 --> 01:12:01.960]  There was a court, a friend of mine gave me a court case out of the 10th Circuit Court
[01:12:01.960 --> 01:12:04.960]  called Trevant versus City of Tampa, I think it was.
[01:12:04.960 --> 01:12:07.960]  Trevant versus City of Tampa, yeah.
[01:12:07.960 --> 01:12:08.960]  Oh, okay.
[01:12:08.960 --> 01:12:14.960]  Yeah, that's where he got $25,000 for being locked up for 23 minutes. But yours is not
[01:12:14.960 --> 01:12:18.960]  just a simple lockup. You were assaulted. There's a big difference.
[01:12:18.960 --> 01:12:20.960]  Yes. Yes.
[01:12:20.960 --> 01:12:28.960]  Yeah, you have to calculate up the causes of action. So I would recommend, you might
[01:12:28.960 --> 01:12:34.960]  want to get jurisdictionary, which teaches people how to file lawsuits pro se so that
[01:12:34.960 --> 01:12:38.960]  you can get your causes of action straight and all of that.
[01:12:38.960 --> 01:12:40.960]  I think he just said he has that.
[01:12:40.960 --> 01:12:41.960]  Okay, great.
[01:12:41.960 --> 01:12:46.960]  Well, I'm in the process of ordering it, so hopefully I'm going to receive it pretty soon.
[01:12:46.960 --> 01:12:49.960]  Well, thank you very much, and God bless you both.
[01:12:49.960 --> 01:12:52.960]  Thank you, Kevin. And God bless you, too.
[01:12:52.960 --> 01:12:54.960]  Yes, sir. You have a good night.
[01:12:54.960 --> 01:12:55.960]  Thank you.
[01:12:55.960 --> 01:13:00.960]  All right. Thank you, Kevin. Okay. We're going now to Frank in New York. Frank, thanks for
[01:13:00.960 --> 01:13:03.960]  calling in. What's on your mind tonight?
[01:13:03.960 --> 01:13:11.960]  Hi. I'm just following up on a case that I progressed a little bit. I went to court in
[01:13:11.960 --> 01:13:18.960]  Highland, New York for some traffic stuff, and I was doing an action to educate the police
[01:13:18.960 --> 01:13:26.960]  and the public, and I was on private property, and they took my car. Anyways, I went to court,
[01:13:26.960 --> 01:13:31.960]  and the judge told me, don't say a word. I tried to hand him the criminal complaints
[01:13:31.960 --> 01:13:39.960]  against the officer and the law. I told him I was going to bring him the law on the street.
[01:13:39.960 --> 01:13:43.960]  I met him on the street, and I told him I was going to bring the law into court.
[01:13:43.960 --> 01:13:50.960]  And it's most of the stuff that Eddie was talking about, but it's a PDF. It's called
[01:13:50.960 --> 01:13:56.960]  No Law Requires You to Record, Pledge Your Private Automobile, and it covers all of the laws
[01:13:56.960 --> 01:14:02.960]  and the right to travel and everything like that. It's on the Internet. Do a Google.
[01:14:02.960 --> 01:14:09.960]  There's quite a bit of it. So I wanted to just print it up and hand it to him along
[01:14:09.960 --> 01:14:12.960]  with a criminal complaint. He says, I'm not reading this.
[01:14:12.960 --> 01:14:18.960]  Yeah, that's not going to do you any good. If you don't submit it as a motion or a brief
[01:14:18.960 --> 01:14:25.960]  in support of a motion, the judge has no obligation to read it except as a judicial notice,
[01:14:25.960 --> 01:14:30.960]  and then he can only take judicial or should be only taking judicial notice of it
[01:14:30.960 --> 01:14:38.960]  if it contains irrefutable facts and evidence that the source is not to be reasonably questioned.
[01:14:38.960 --> 01:14:39.960]  Right.
[01:14:39.960 --> 01:14:41.960]  Okay, so be aware of that.
[01:14:41.960 --> 01:14:47.960]  I handled it like this. I handed him the criminal complaint with this attached,
[01:14:47.960 --> 01:14:52.960]  because I put in the criminal complaint that I was attaching this document to the criminal complaint.
[01:14:52.960 --> 01:14:57.960]  So it was an attachment. It wasn't separate.
[01:14:57.960 --> 01:15:05.960]  Right, but Frank, I think what Eddie is trying to say is that the judge has no duty to pay any attention to it.
[01:15:05.960 --> 01:15:07.960]  To the criminal complaint?
[01:15:07.960 --> 01:15:14.960]  No, he has no duty to pay attention to what you attached to the criminal complaint,
[01:15:14.960 --> 01:15:22.960]  unless it's a motion or something in the form of a judicial notice under specific guidelines
[01:15:22.960 --> 01:15:24.960]  that Eddie mentioned before.
[01:15:24.960 --> 01:15:30.960]  Well, what I'm saying is I entered a law into my, when I was writing the criminal complaint,
[01:15:30.960 --> 01:15:36.960]  I put the law in the memorandum.
[01:15:36.960 --> 01:15:39.960]  But a criminal complaint doesn't have a memorandum.
[01:15:39.960 --> 01:15:45.960]  The criminal complaint stands on its own based upon the information it contains within its own body.
[01:15:45.960 --> 01:15:46.960]  Nothing else.
[01:15:46.960 --> 01:15:51.960]  Okay, so it should be concise and no law stated?
[01:15:51.960 --> 01:15:53.960]  Well, no. A criminal...
[01:15:53.960 --> 01:15:56.960]  The law that was violated needs to be stated.
[01:15:56.960 --> 01:16:04.960]  You need to see what the specific statutory requirements for the proper formulation of a complaint are, okay?
[01:16:04.960 --> 01:16:07.960]  And make the complaint in regards to that.
[01:16:07.960 --> 01:16:13.960]  But the material you're talking about presenting attached to it doesn't belong attached to a criminal complaint.
[01:16:13.960 --> 01:16:24.960]  That either needs to be added to a brief in support of a motion or a petition or brief in support of judicial notice.
[01:16:24.960 --> 01:16:25.960]  And that would be in a civil...
[01:16:25.960 --> 01:16:27.960]  It has no business on a criminal complaint.
[01:16:27.960 --> 01:16:31.960]  Yeah, and that would be in a civil suit, not a criminal complaint.
[01:16:31.960 --> 01:16:39.960]  Not necessarily. He can use it in his criminal defense if he files it as a brief in support of a motion he files in his criminal defense.
[01:16:39.960 --> 01:16:48.960]  Right, but if he's filing a criminal complaint, if he's trying to initiate a criminal complaint against somebody else, then it's...
[01:16:48.960 --> 01:16:49.960]  That stands by itself.
[01:16:49.960 --> 01:16:54.960]  That stands by itself. That's what I'm trying to say. Nothing else goes along with it.
[01:16:54.960 --> 01:16:59.960]  You just state the law and you have your support of probable cause. We'll be right back.
[01:16:59.960 --> 01:17:05.960]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[01:17:05.960 --> 01:17:08.960]  And neither is finding like-minded people to share it with.
[01:17:08.960 --> 01:17:11.960]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:11.960 --> 01:17:12.960]  Brave New Books?
[01:17:12.960 --> 01:17:19.960]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:17:19.960 --> 01:17:23.960]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:23.960 --> 01:17:25.960]  There's no way a place like that exists.
[01:17:25.960 --> 01:17:31.960]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:31.960 --> 01:17:34.960]  By UT, there's never anywhere to park down there.
[01:17:34.960 --> 01:17:42.960]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[01:17:42.960 --> 01:17:46.960]  It does exist, but when are they open?
[01:17:46.960 --> 01:17:59.960]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:18:16.960 --> 01:18:26.960]  Okay, folks, we're back. We're talking about filing criminal complaints.
[01:18:26.960 --> 01:18:36.960]  And Frank, okay, so there's two, potentially maybe three issues going on here.
[01:18:36.960 --> 01:18:48.960]  The criminal charge against you, which has nothing to do with any criminal complaints that you would be filing against other people, okay,
[01:18:48.960 --> 01:18:59.960]  the criminal complaint that you would file against somebody, someone else, stands alone and has nothing to do with your case,
[01:18:59.960 --> 01:19:07.960]  whether it be a criminal charge against you or any kind of a civil suit or anything. That's a totally separate deal.
[01:19:07.960 --> 01:19:17.960]  And at least in the state of Texas, when you file a criminal complaint, it's not going down the police station and filling out a police report, okay,
[01:19:17.960 --> 01:19:21.960]  because that's just complaining, as Randy says.
[01:19:21.960 --> 01:19:33.960]  A criminal complaint is a specific legal document. You cite the statute, the paragraph, the section exactly from the penal code
[01:19:33.960 --> 01:19:41.960]  that you're accusing someone else of violating, and it's usually like a half a page long. It's real simple.
[01:19:41.960 --> 01:19:51.960]  It's just like, I accuse so-and-so. I have either firsthand knowledge or evidence that so-and-so violated such-and-such statute, and what is attached to it
[01:19:51.960 --> 01:20:01.960]  is in Texas is what's called a statement of probable cause. That's your testimony, almost like an affidavit that you would have notarized,
[01:20:01.960 --> 01:20:15.960]  and you don't cite case law. It's not a legal opinion. It's just strictly what you witnessed, okay, or your testimony of what evidence you have
[01:20:15.960 --> 01:20:23.960]  against somebody else that they violated a certain law, okay, or what you witnessed with your own eyes, and that's it.
[01:20:23.960 --> 01:20:33.960]  Okay, that's the criminal complaint. That's the initiation of a criminal case against somebody else. You don't attach judicial notices
[01:20:33.960 --> 01:20:46.960]  or case law or legal opinions or anything like that, okay, so if you want to deal with filing a lawsuit, then you can bring those kinds of things
[01:20:46.960 --> 01:20:56.960]  into the situation or in your own defense in a criminal charge against you, you could file those kinds of documents,
[01:20:56.960 --> 01:21:04.960]  but we have to separate here and realize that these are completely separate issues, filing a criminal charge against someone else,
[01:21:04.960 --> 01:21:11.960]  the criminal charge against you, and any kind of lawsuit, a totally separate deal, okay, so does that make sense, Frank?
[01:21:11.960 --> 01:21:19.960]  Yes, it does. My plan was to make the judge violate my rights. I went in there knowing he wouldn't take the criminal complaint.
[01:21:19.960 --> 01:21:31.960]  It wasn't even finished, okay. I couldn't wrap my head around it to pare it down. It was so long, but all those elements are in there.
[01:21:31.960 --> 01:21:34.960]  They just have to be paired down now. I just have to pare it down.
[01:21:34.960 --> 01:21:37.960]  Okay, when you say those elements, what are we talking about?
[01:21:37.960 --> 01:21:47.960]  Probable cause. Okay, wait, wait, wait. All right, here's the thing. You're trying to make a statement of probable cause in a complaint.
[01:21:47.960 --> 01:21:54.960]  That's not the issue here. A criminal complaint deals only with very specific things related to a specific charge.
[01:21:54.960 --> 01:21:58.960]  They arrested me without probable cause. I'm sorry?
[01:21:58.960 --> 01:22:02.960]  They arrested me without probable cause. That's my complaint.
[01:22:02.960 --> 01:22:07.960]  Okay, but? They didn't have probable cause. They didn't have due process.
[01:22:07.960 --> 01:22:18.960]  Yeah, but Frank, that would be something, a type of argument that you would make in your defense that has nothing to do with a criminal complaint that you would file against somebody else.
[01:22:18.960 --> 01:22:28.960]  Okay, for instance, here in Texas, the format of a criminal complaint is this. It has the header information of who is the complainant and who it's against.
[01:22:28.960 --> 01:22:42.960]  In the body of the complaint, it must state, I have reason to believe and do believe that on the following date, at the following time, in the following place,
[01:22:42.960 --> 01:22:53.960]  and the following address, the above named individual did commit the criminal act of, then state what the criminal act was.
[01:22:53.960 --> 01:23:04.960]  Okay? And then the way I do it is I separate down in the bottom another section that sets up the continuation for the body that says,
[01:23:04.960 --> 01:23:12.960]  pursuant the penal law that I'm accusing them of violating, and I list the penal law and the title for that section of penal law.
[01:23:12.960 --> 01:23:24.960]  For instance, 21.02 aggravated assault, Texas Penal Code 21.02 aggravated assault. Okay?
[01:23:24.960 --> 01:23:33.960]  Then it has to be signed, dated, and notarized or otherwise sworn to by some other public servant that by law can administer an oath.
[01:23:33.960 --> 01:23:43.960]  That's the typical format of a complaint. That's all that should be in it. No argument, no conclusions, no other details,
[01:23:43.960 --> 01:23:52.960]  only those specific facts relevant to the charge you are making. Person, place, time, complainant, person complained about,
[01:23:52.960 --> 01:24:01.960]  what law you're accusing them of breaking, and what the event that took place was in the location that caused the violation. That's it.
[01:24:01.960 --> 01:24:11.960]  Now, I did that right at the top of the document. I put the being duly sworn. I've seen, I witnessed this New York Code section 195
[01:24:11.960 --> 01:24:19.960]  defrauding the government to commit the, you know, 210, making apparently for-
[01:24:19.960 --> 01:24:23.960]  You're complaining as a witness, not as the person harmed.
[01:24:23.960 --> 01:24:29.960]  Okay, so I'm going to be saying I am the one that's, I'm the plaintiff, right?
[01:24:29.960 --> 01:24:38.960]  Exactly. I and my name hereby swear under penalty of perjury that I have, that I believe and have reason to believe
[01:24:38.960 --> 01:24:45.960]  or whatever the specific requirements of law are in your state. Okay? You need to look that up.
[01:24:45.960 --> 01:24:53.960]  I looked up, I read a lot of the malicious prosecution cases and stuff like that.
[01:24:53.960 --> 01:25:03.960]  It's not a case. A case brief and a complaint are not, and a complaint in a brief or in a suit is not the same thing.
[01:25:03.960 --> 01:25:11.960]  A criminal complaint is completely different from the way a complaint is listed in a civil suit. They're completely different animals.
[01:25:11.960 --> 01:25:24.960]  Yeah, civil, okay, there are two completely separate branches of the judicial system and never the twain shall meet.
[01:25:24.960 --> 01:25:35.960]  Seriously, the criminal side of the judicial system is completely separate from the civil side. Okay?
[01:25:35.960 --> 01:25:38.960]  But don't you have to be harmed and have a dollar amount in some of the cases?
[01:25:38.960 --> 01:25:48.960]  That is a civil suit that has nothing to do with a criminal case. A criminal case is when somebody breaks the law,
[01:25:48.960 --> 01:25:54.960]  like, you know, assault or mugging, they rob you, you know, something like that.
[01:25:54.960 --> 01:26:01.960]  It's a crime, a crime is different from a civil tort. Totally different.
[01:26:01.960 --> 01:26:10.960]  I understand that, Deborah, but what I'm saying is if they stole my car and my car was worth over a certain amount,
[01:26:10.960 --> 01:26:13.960]  I don't have to claim that the car was worth over a certain amount?
[01:26:13.960 --> 01:26:25.960]  No, you just make the claim that they violated a penal law such as aggravated robbery by the theft of a piece of property in excess of the amount required.
[01:26:25.960 --> 01:26:31.960]  What about a grand theft auto if it looks like they intended to keep the car?
[01:26:31.960 --> 01:26:39.960]  I mean, in some states you've got, you know, joyriding laws, so, you know, people that steal cars just for joyriding purposes,
[01:26:39.960 --> 01:26:46.960]  it's not as stiff a penalty as grand theft auto, which you show intent that they intended to keep the car.
[01:26:46.960 --> 01:26:51.960]  I mean, that has nothing to do with suing them for damages.
[01:26:51.960 --> 01:26:56.960]  Can you scan this document? It's only like nine pages. It's a bunch of crap.
[01:26:56.960 --> 01:26:59.960]  You know what I mean? It's like all jumbled up.
[01:26:59.960 --> 01:27:09.960]  Maybe if I sent it to Eddie, could he just like look at it and give me a critique on a piece of critique or just X stuff out or something that says, well, that's no good?
[01:27:09.960 --> 01:27:12.960]  Well, Frank, what are you trying to do?
[01:27:12.960 --> 01:27:24.960]  I only have, I'm trying to go after the officers that violated my rights and I'm trying to go after the judge and then I'm trying to go after the prosecutor
[01:27:24.960 --> 01:27:29.960]  and then I'm going after the district judge and then I'm trying to go to the grand jury.
[01:27:29.960 --> 01:27:30.960]  Okay.
[01:27:30.960 --> 01:27:31.960]  That's what I want to do.
[01:27:31.960 --> 01:27:33.960]  Let's pair this down a little bit here.
[01:27:33.960 --> 01:27:36.960]  You only have grounds to go after them if they break the law.
[01:27:36.960 --> 01:27:41.960]  If they do what the law requires, there's no reason to be going after them per se.
[01:27:41.960 --> 01:27:49.960]  Granted, you're making the assumption and it will usually be correct that they're not going to abide by the law and it's okay to plan for that,
[01:27:49.960 --> 01:27:52.960]  but you can't nail everybody in one complaint.
[01:27:52.960 --> 01:27:54.960]  It's not going to work that way.
[01:27:54.960 --> 01:27:55.960]  No, criminal complaints.
[01:27:55.960 --> 01:27:58.960]  You can do that in a suit, but you cannot do it in the criminal complaint.
[01:27:58.960 --> 01:28:04.960]  The criminal complaint must be limited to the actual criminal accusation.
[01:28:04.960 --> 01:28:12.960]  Now, you can make, in some states, you can make multiple criminal accusations within the body of one complaint.
[01:28:12.960 --> 01:28:17.960]  I do not recommend that ever, ever, ever.
[01:28:17.960 --> 01:28:23.960]  Always make each individual criminal complaint in a separate complaint.
[01:28:23.960 --> 01:28:24.960]  Always.
[01:28:24.960 --> 01:28:25.960]  Okay?
[01:28:25.960 --> 01:28:26.960]  Yeah, you're going to-
[01:28:26.960 --> 01:28:32.960]  If you want to send it to me, I'll be happy to look at it, but I need to know what state you're in
[01:28:32.960 --> 01:28:39.960]  and I need to know what law you're claiming they violated and I need the circumstances under which you claim it was violated
[01:28:39.960 --> 01:28:47.960]  and have you actually read what the elements of the crime you're accusing them of are to ensure that it fits.
[01:28:47.960 --> 01:28:54.960]  Yeah, and not only that, if you're going to accuse one person of committing multiple crimes,
[01:28:54.960 --> 01:29:04.960]  then you would file multiple separate criminal complaints for each charge that you're accusing.
[01:29:04.960 --> 01:29:13.960]  So if you're going to accuse like an officer of aggravated kidnapping, robberies, grand theft auto, okay, just for example,
[01:29:13.960 --> 01:29:20.960]  those are three charges, you would make three separate criminal complaints against that one officer.
[01:29:20.960 --> 01:29:28.960]  You have separate criminal complaints against each person for each crime that you're accusing them of committing
[01:29:28.960 --> 01:29:32.960]  and you would file that with the district attorney or try to go to the grand jury.
[01:29:32.960 --> 01:29:35.960]  It's a totally separate thing than civil.
[01:29:35.960 --> 01:29:42.960]  Now if you want to sue them all, well, then you can build a lawsuit, file it in the civil courts,
[01:29:42.960 --> 01:29:46.960]  list them all as co-defendants, that sort of thing.
[01:29:46.960 --> 01:29:52.960]  But those are, the criminal and the civil are totally, totally separate.
[01:29:52.960 --> 01:29:59.960]  Okay, so you just need to look up the laws and figure out what laws they broke and get your causes of action.
[01:29:59.960 --> 01:30:03.960]  Christ fed them multitudes with only one loaf of bread.
[01:30:03.960 --> 01:30:06.960]  Poor people, there's something for you.
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[01:30:30.960 --> 01:30:34.960]  Have you ever fed your family cornflakes or sent your kid off to school with a juice box?
[01:30:34.960 --> 01:30:38.960]  If so, look out, you might be sending them off to a lifetime of health problems.
[01:30:38.960 --> 01:30:42.960]  I'm Dr. Catherine Albrecht and I'll identify the culprit in just a moment.
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[01:31:18.960 --> 01:31:21.960]  Well, it's no secret that too much sugar will expand your waistline.
[01:31:21.960 --> 01:31:26.960]  When that sweetener is in the form of high fructose corn syrup, you put your body at risk for disease.
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[01:31:48.960 --> 01:31:49.960]  This is Dr. Catherine Albrecht.
[01:31:49.960 --> 01:32:02.960]  More news and information at CatherineAlbrecht.com.
[01:32:02.960 --> 01:32:05.960]  Yeah, and who you want to chip? Who you take me for? Fritoly?
[01:32:05.960 --> 01:32:09.960]  Who you want to chip? Me no Fritoly. You can't chip me.
[01:32:09.960 --> 01:32:10.960]  Almost there.
[01:32:10.960 --> 01:32:13.960]  Don't let them chip you in the morning, chip you in the evening.
[01:32:13.960 --> 01:32:15.960]  Put a chip in your body.
[01:32:15.960 --> 01:32:19.960]  And then when you go computer reading, you can't hide me from nobody.
[01:32:19.960 --> 01:32:25.960]  When me say chip in your mom, chip in your daddy, chip in your grandpa and the granny.
[01:32:25.960 --> 01:32:30.960]  Chip in me, chip in your baby, chip in your family, whole family.
[01:32:30.960 --> 01:32:32.960]  Chip in your dog and the cat around me.
[01:32:32.960 --> 01:32:35.960]  Chip in the beef and you still go eat it.
[01:32:35.960 --> 01:32:37.960]  Chip in the fish, them all in the sea.
[01:32:37.960 --> 01:32:40.960]  Chip in the shark and the whale around me.
[01:32:40.960 --> 01:32:42.960]  You know, see mankind gone chip crazy.
[01:32:42.960 --> 01:32:44.960]  That's the kind of thing man, they want to be.
[01:32:44.960 --> 01:32:47.960]  Social security, they go tell me.
[01:32:47.960 --> 01:32:49.960]  Number when they give me, they repeat up your serum.
[01:32:49.960 --> 01:32:52.960]  Chip you in the morning, chip you in the evening.
[01:32:52.960 --> 01:32:54.960]  Chip you all the dinner time.
[01:32:54.960 --> 01:32:56.960]  Experiments on mankind.
[01:32:56.960 --> 01:32:58.960]  But man, you know, say them lie.
[01:32:58.960 --> 01:33:00.960]  Well, we don't want no chip.
[01:33:00.960 --> 01:33:01.960]  Man, you have your body.
[01:33:01.960 --> 01:33:02.960]  Freedom or something.
[01:33:02.960 --> 01:33:04.960]  Man, you fight for me.
[01:33:04.960 --> 01:33:06.960]  You should tell them that we ready.
[01:33:06.960 --> 01:33:08.960]  Constitution set us free.
[01:33:08.960 --> 01:33:11.960]  Don't let them put no chip in your body.
[01:33:11.960 --> 01:33:13.960]  Put no chip in your dog or cat you see.
[01:33:13.960 --> 01:33:15.960]  No put no chip in your cow and go eat it.
[01:33:15.960 --> 01:33:18.960]  No put no chip in the fish and go eat it.
[01:33:18.960 --> 01:33:20.960]  All in the whale and the shark in the sea.
[01:33:20.960 --> 01:33:22.960]  Put the little chip in the little baby.
[01:33:22.960 --> 01:33:24.960]  Okay, folks, we are back.
[01:33:24.960 --> 01:33:26.960]  We're taking your calls.
[01:33:26.960 --> 01:33:28.960]  We've got Alan in Texas.
[01:33:28.960 --> 01:33:30.960]  Alan, thanks for calling in.
[01:33:30.960 --> 01:33:37.960]  What is your question for us tonight?
[01:33:37.960 --> 01:33:39.960]  Is Alan there?
[01:33:39.960 --> 01:33:40.960]  Yeah, I'm here.
[01:33:40.960 --> 01:33:41.960]  Can you hear me?
[01:33:41.960 --> 01:33:43.960]  Yes, what is your question for us tonight?
[01:33:43.960 --> 01:33:45.960]  Yeah, I called this last Thursday,
[01:33:45.960 --> 01:33:47.960]  and I was the very last caller,
[01:33:47.960 --> 01:33:50.960]  and y'all didn't get to answer my question.
[01:33:50.960 --> 01:33:54.960]  My question was I was arrested here in Marble Falls,
[01:33:54.960 --> 01:33:56.960]  and they took me to jail.
[01:33:56.960 --> 01:33:59.960]  Ended up I got hunched in the eye
[01:33:59.960 --> 01:34:02.960]  because I wasn't getting undressed fast enough.
[01:34:02.960 --> 01:34:04.960]  I guess the guard had a bad night or something,
[01:34:04.960 --> 01:34:07.960]  and the lady took a picture of it,
[01:34:07.960 --> 01:34:10.960]  and the guys got called off,
[01:34:10.960 --> 01:34:13.960]  and there was just a lady there at the desk back in booking,
[01:34:13.960 --> 01:34:16.960]  and she made an extra copy of the picture
[01:34:16.960 --> 01:34:20.960]  and put it under my leg and told me to put it in my sock.
[01:34:20.960 --> 01:34:22.960]  And if anybody found it on me,
[01:34:22.960 --> 01:34:25.960]  she'll say that somehow I stole it off the desk.
[01:34:25.960 --> 01:34:26.960]  It was in there, something like that,
[01:34:26.960 --> 01:34:28.960]  so I didn't ask any questions about that.
[01:34:28.960 --> 01:34:33.960]  I just did exactly what she told me to do.
[01:34:33.960 --> 01:34:36.960]  The magistrate seen me sometime that next day,
[01:34:36.960 --> 01:34:41.960]  and I asked her how come I wasn't there to defend myself
[01:34:41.960 --> 01:34:44.960]  before I even got to talk to her.
[01:34:44.960 --> 01:34:47.960]  She wouldn't talk to me about anything.
[01:34:47.960 --> 01:34:51.960]  She just made me sign all this paperwork and all that, so I did.
[01:34:51.960 --> 01:34:58.960]  I got out, and I'm wondering what can I do about all of this?
[01:34:58.960 --> 01:35:02.960]  Well, the only thing you can do about it is file a suit,
[01:35:02.960 --> 01:35:04.960]  provided you want to use one,
[01:35:04.960 --> 01:35:08.960]  find you a good attorney that's willing to represent you in this case
[01:35:08.960 --> 01:35:11.960]  unless you feel confident you can do it yourself,
[01:35:11.960 --> 01:35:15.960]  which I'm going to guess you don't.
[01:35:15.960 --> 01:35:18.960]  But if you do, then you definitely want to be filing suit
[01:35:18.960 --> 01:35:24.960]  and going after them for assault and battery and anything else.
[01:35:24.960 --> 01:35:27.960]  You were arrested for what reason?
[01:35:27.960 --> 01:35:32.960]  They said it was on order of a financial instrument.
[01:35:32.960 --> 01:35:34.960]  Did they have a warrant?
[01:35:34.960 --> 01:35:37.960]  Yeah, he had a warrant.
[01:35:37.960 --> 01:35:41.960]  Well, according to the Code of Criminal Procedure,
[01:35:41.960 --> 01:35:43.960]  even if they have a warrant,
[01:35:43.960 --> 01:35:47.960]  they still have to take you directly to a magistrate first
[01:35:47.960 --> 01:35:49.960]  so that you can tell your side of the story
[01:35:49.960 --> 01:35:54.960]  and they can tell their side of the story to have a probable cause hearing,
[01:35:54.960 --> 01:35:57.960]  which in Texas is called an examining trial.
[01:35:57.960 --> 01:36:03.960]  And if they book you first and the magistrate sets bail outside of your presence
[01:36:03.960 --> 01:36:08.960]  and then the magistrate just informs you of your bail later,
[01:36:08.960 --> 01:36:13.960]  then technically what's happened is that there's been an ex parte hearing
[01:36:13.960 --> 01:36:16.960]  between the jailers or the police or the prosecutor
[01:36:16.960 --> 01:36:20.960]  and the magistrate where they present evidence against you,
[01:36:20.960 --> 01:36:22.960]  ex parte to the magistrate.
[01:36:22.960 --> 01:36:24.960]  And according to the Code of Criminal Procedure,
[01:36:24.960 --> 01:36:31.960]  the magistrate is not allowed to set bail at all except in an examining trial.
[01:36:31.960 --> 01:36:36.960]  And so the question is, how did the magistrate come up with this bail figure?
[01:36:36.960 --> 01:36:39.960]  There had to have been an examining trial.
[01:36:39.960 --> 01:36:43.960]  And so obviously it was ex parte, which is a violation,
[01:36:43.960 --> 01:36:47.960]  so you can file criminal charges against the magistrate
[01:36:47.960 --> 01:36:51.960]  and against the police that arrested you
[01:36:51.960 --> 01:36:55.960]  because they technically was aggravated kidnapping
[01:36:55.960 --> 01:36:58.960]  because they didn't take you directly to the magistrate.
[01:36:58.960 --> 01:37:04.960]  So this is Randy's whole area of expertise is going after them
[01:37:04.960 --> 01:37:09.960]  for their criminal violations of the Code of Criminal Procedure.
[01:37:09.960 --> 01:37:15.960]  And you know what, go to our website, ruleoflawradio.com,
[01:37:15.960 --> 01:37:20.960]  and click on the button on the left that says Juris Imprudence.
[01:37:20.960 --> 01:37:27.960]  That's actually a separate website that goes to Randy's website, Juris Imprudence.
[01:37:27.960 --> 01:37:33.960]  And you'll see a link for his petition for writ of habeas corpus.
[01:37:33.960 --> 01:37:40.960]  And it's about a 50-page document, but folks, it is well worth the reading.
[01:37:40.960 --> 01:37:44.960]  It will open your eyes, and so it completely walks down the line
[01:37:44.960 --> 01:37:50.960]  of all the violations that are committed here in the state of Texas.
[01:37:50.960 --> 01:37:57.960]  Every time somebody is arrested, literally it's like dozens of laws are broken.
[01:37:57.960 --> 01:38:00.960]  And so just read through his writ of habeas corpus,
[01:38:00.960 --> 01:38:03.960]  and then you can match it up with your own experience.
[01:38:03.960 --> 01:38:10.960]  And there's criminal complaints also on his website associated with that.
[01:38:10.960 --> 01:38:12.960]  Yeah, I actually did that.
[01:38:12.960 --> 01:38:15.960]  I just recently found your website through a friend of mine.
[01:38:15.960 --> 01:38:18.960]  I told him what had happened.
[01:38:18.960 --> 01:38:21.960]  He was like, man, you've got to go to this website.
[01:38:21.960 --> 01:38:25.960]  So I went to your website, and I actually found that, and I downloaded it.
[01:38:25.960 --> 01:38:29.960]  And I read the whole thing, believe it or not, from top to bottom.
[01:38:29.960 --> 01:38:31.960]  And it was like looking in the mirror.
[01:38:31.960 --> 01:38:34.960]  It's like, man, they did that, and I didn't even know they couldn't do that.
[01:38:34.960 --> 01:38:36.960]  You know, it's just weird.
[01:38:36.960 --> 01:38:40.960]  And so I've read that actually from top to bottom.
[01:38:40.960 --> 01:38:45.960]  But what I don't understand is that's one form of paperwork.
[01:38:45.960 --> 01:38:50.960]  Do I need to download other paperwork that correspond to that?
[01:38:50.960 --> 01:38:54.960]  Well, see, in your case, you may not need to file a writ of habeas corpus
[01:38:54.960 --> 01:38:58.960]  because you're not sitting in jail right now.
[01:38:58.960 --> 01:39:01.960]  Or you may need to file a writ of habeas corpus.
[01:39:01.960 --> 01:39:03.960]  It depends.
[01:39:03.960 --> 01:39:06.960]  Are you out on bail or bond?
[01:39:06.960 --> 01:39:08.960]  I'm out on bond, yes.
[01:39:08.960 --> 01:39:14.960]  Have you gone to the clerk's office of the court to pull your file
[01:39:14.960 --> 01:39:16.960]  and get a copy of your file?
[01:39:16.960 --> 01:39:18.960]  I didn't even know I could do that.
[01:39:18.960 --> 01:39:25.960]  Okay, yeah, go to the clerk's office of the court and get a copy of your file.
[01:39:25.960 --> 01:39:31.960]  Now, I have a strong suspicion there's not going to be a file
[01:39:31.960 --> 01:39:38.960]  because the prosecutor generally absconds with the file.
[01:39:38.960 --> 01:39:42.960]  He basically absconds with it directly from the magistrate,
[01:39:42.960 --> 01:39:45.960]  which is a felony tampering with a government document.
[01:39:45.960 --> 01:39:49.960]  The prosecutor is, no one is allowed to have that file
[01:39:49.960 --> 01:39:53.960]  to the exclusion of the clerk of the court.
[01:39:53.960 --> 01:39:56.960]  But this is the typical game everywhere.
[01:39:56.960 --> 01:40:00.960]  What happens is they have this ex parte examining trial
[01:40:00.960 --> 01:40:05.960]  while you're getting suited up in the orange suit and the mug shots
[01:40:05.960 --> 01:40:10.960]  and the fingerprints and all the humiliating treatment and all that kind of stuff,
[01:40:10.960 --> 01:40:15.960]  while they're violating your rights and imprisoning you and punishing you
[01:40:15.960 --> 01:40:18.960]  when you haven't even been charged with a crime yet,
[01:40:18.960 --> 01:40:23.960]  much less convicted or even a probable cause you're being punished,
[01:40:23.960 --> 01:40:27.960]  and then the magistrate is having an ex parte hearing, probable cause hearing,
[01:40:27.960 --> 01:40:31.960]  behind your back, set in bail illegally, and then you see the magistrate,
[01:40:31.960 --> 01:40:35.960]  and then the prosecutor absconds with your file
[01:40:35.960 --> 01:40:38.960]  and all the evidence directly from the magistrate,
[01:40:38.960 --> 01:40:42.960]  and the court does not even know you exist.
[01:40:42.960 --> 01:40:47.960]  You can't even file any motions in your case or anything with the court
[01:40:47.960 --> 01:40:51.960]  because the court's like, there's no case, there's no prosecution,
[01:40:51.960 --> 01:40:55.960]  because the prosecutor is illegally holding onto the file,
[01:40:55.960 --> 01:40:57.960]  felony tampering with the government document,
[01:40:57.960 --> 01:41:03.960]  and he'll hold onto that file until he squeezes a deal out of you, a plea bargain.
[01:41:03.960 --> 01:41:08.960]  And after he or she pressures you into accepting the deal,
[01:41:08.960 --> 01:41:15.960]  then the prosecutor files the file with the court, and that is totally illegal.
[01:41:15.960 --> 01:41:19.960]  It's dozens of, I mean, just on and on and on.
[01:41:19.960 --> 01:41:25.960]  It's completely against the entire structure of our criminal justice system from way back.
[01:41:25.960 --> 01:41:30.960]  And so the first thing's first, you go to the clerk's office and pull your file.
[01:41:30.960 --> 01:41:37.960]  If there's no file, then the next thing to do is file a criminal charge.
[01:41:37.960 --> 01:41:40.960]  You try to see if the prosecutor has the file.
[01:41:40.960 --> 01:41:43.960]  We busted the prosecutor in Williamson County here.
[01:41:43.960 --> 01:41:46.960]  Okay, how do I find out who the prosecutor is?
[01:41:46.960 --> 01:41:48.960]  Who do I ask?
[01:41:48.960 --> 01:41:49.960]  The clerk of the court.
[01:41:49.960 --> 01:41:52.960]  Yeah, has the prosecutor tried to contact you?
[01:41:52.960 --> 01:41:57.960]  No, they don't even have a court date on this piece of paper the magistrate gave me.
[01:41:57.960 --> 01:42:02.960]  Well, generally the court or the clerk isn't going to be any kind of intermediary.
[01:42:02.960 --> 01:42:05.960]  The prosecutor will just contact you and try to...
[01:42:05.960 --> 01:42:08.960]  So I just have to wait until he calls me for that?
[01:42:08.960 --> 01:42:10.960]  Well, or you could go to the prosecutor's office,
[01:42:10.960 --> 01:42:15.960]  like what we did in Randy's case in Williamson County, and I busted him.
[01:42:15.960 --> 01:42:20.960]  I got the county prosecutor in Williamson County to cop to a felony,
[01:42:20.960 --> 01:42:27.960]  sitting in his own office when we went there, and he came out in the waiting room,
[01:42:27.960 --> 01:42:30.960]  and he had a big old file full of documents that had Randy's name on it,
[01:42:30.960 --> 01:42:36.960]  and we were talking about it because the prosecutor wanted to dismiss the case against Randy.
[01:42:36.960 --> 01:42:38.960]  Well, that's not legal.
[01:42:38.960 --> 01:42:43.960]  Only the judge can dismiss a case, and there has to be a case first, okay?
[01:42:43.960 --> 01:42:47.960]  And the prosecutor can file a motion, you know, to dismiss the case,
[01:42:47.960 --> 01:42:49.960]  but the judge has to dismiss it.
[01:42:49.960 --> 01:42:52.960]  Anyway, so he's sitting with this big file, and we're saying,
[01:42:52.960 --> 01:42:55.960]  well, you know, we can't file any motions because there's no case,
[01:42:55.960 --> 01:43:01.960]  and I said, well, hey, you know, look at that file in that prosecutor's hand, Randy.
[01:43:01.960 --> 01:43:03.960]  It has your name on it.
[01:43:03.960 --> 01:43:04.960]  Isn't that the file?
[01:43:04.960 --> 01:43:09.960]  And I asked him straight up, I said, did you get that from the magistrate?
[01:43:09.960 --> 01:43:12.960]  And he said yes.
[01:43:12.960 --> 01:43:13.960]  Wow.
[01:43:13.960 --> 01:43:15.960]  Yeah.
[01:43:15.960 --> 01:43:16.960]  Unbelievable.
[01:43:16.960 --> 01:43:19.960]  And then I didn't say anything.
[01:43:19.960 --> 01:43:21.960]  And then his whole face just went red.
[01:43:21.960 --> 01:43:22.960]  He realized what he had done.
[01:43:22.960 --> 01:43:24.960]  So this is what happened.
[01:43:24.960 --> 01:43:30.960]  So you can try to go and confront the prosecutor and bring a little recording device,
[01:43:30.960 --> 01:43:35.960]  so you can get him to cop to the felony or see if he's got the file in his hand.
[01:43:35.960 --> 01:43:39.960]  But this is the way it rolls, okay?
[01:43:39.960 --> 01:43:44.960]  This is how justice rolls now, and it's not justice, so we have to know the law.
[01:43:44.960 --> 01:43:48.960]  But try to go and see if there's a file with the court.
[01:43:48.960 --> 01:43:53.960]  If not, see if the prosecutor has it.
[01:43:53.960 --> 01:43:56.960]  Because you can't file any motions in your case if there's no case.
[01:43:56.960 --> 01:43:57.960]  You see?
[01:43:57.960 --> 01:44:06.960]  All right, we'll be right back.
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[01:45:16.960 --> 01:45:19.960]  Okay, we're back.
[01:45:19.960 --> 01:45:25.960]  Okay, so Alan, just a couple more comments here.
[01:45:25.960 --> 01:45:29.960]  If you go to the courthouse, the clerk's office, and they don't have a file
[01:45:29.960 --> 01:45:32.960]  and they don't know who you are,
[01:45:32.960 --> 01:45:36.960]  and even if you can't determine whether the prosecutor has a file or not,
[01:45:36.960 --> 01:45:39.960]  but guarantee the prosecutor will have a file, okay,
[01:45:39.960 --> 01:45:43.960]  and the clerks will even admit, oh, well, the prosecutor hasn't filed it yet.
[01:45:43.960 --> 01:45:49.960]  Well, the prosecutor doesn't file the case against you.
[01:45:49.960 --> 01:45:57.960]  Actually, the prosecutor is the one person who is prohibited
[01:45:57.960 --> 01:46:02.960]  from filing a charge against you, prohibited.
[01:46:02.960 --> 01:46:06.960]  The prosecutor, the accuser and the prosecutor cannot be the same person, okay?
[01:46:06.960 --> 01:46:11.960]  That goes way back to the Magna Carta, okay?
[01:46:11.960 --> 01:46:17.960]  So at any rate, but people don't realize what's going on here
[01:46:17.960 --> 01:46:21.960]  and why that is such a heinous concept, okay?
[01:46:21.960 --> 01:46:24.960]  And even the clerk's saying, oh, the prosecutor hasn't filed the case.
[01:46:24.960 --> 01:46:29.960]  At any rate, if there's no case filed against you with the clerk,
[01:46:29.960 --> 01:46:33.960]  that's when you file your writ of habeas corpus,
[01:46:33.960 --> 01:46:35.960]  your petition for writ of habeas corpus.
[01:46:35.960 --> 01:46:40.960]  Petition for writ of habeas corpus isn't just for people who are sitting in jail
[01:46:40.960 --> 01:46:44.960]  where the court doesn't know who they are, but there's that too.
[01:46:44.960 --> 01:46:47.960]  You know, a lot of times people get arrested.
[01:46:47.960 --> 01:46:50.960]  They can't afford the bail.
[01:46:50.960 --> 01:46:52.960]  They're sitting there in jail.
[01:46:52.960 --> 01:46:55.960]  They haven't even been charged with a crime yet,
[01:46:55.960 --> 01:47:00.960]  and the prosecutor's just leaning on them to squeeze a deal out of them.
[01:47:00.960 --> 01:47:05.960]  People sit in jail for months, even years, until they cop to a plea,
[01:47:05.960 --> 01:47:09.960]  and then the prosecutor files the case against them, okay?
[01:47:09.960 --> 01:47:13.960]  So in those cases, absolutely, that's what a petition for writ of habeas corpus is.
[01:47:13.960 --> 01:47:16.960]  It means bring the body, habeas corpus, bring the body.
[01:47:16.960 --> 01:47:21.960]  You're demanding that you be brought before the court, okay?
[01:47:21.960 --> 01:47:25.960]  So in these cases, even if you're not sitting in jail,
[01:47:25.960 --> 01:47:28.960]  if there's no case, if there's no file, file with the clerk,
[01:47:28.960 --> 01:47:32.960]  that's where you file a petition for writ of habeas corpus to demand
[01:47:32.960 --> 01:47:38.960]  that the court deal with this situation and address the fact of what happened
[01:47:38.960 --> 01:47:40.960]  because you sat in jail, all right?
[01:47:40.960 --> 01:47:42.960]  But the court doesn't know who you are?
[01:47:42.960 --> 01:47:43.960]  Uh-uh.
[01:47:43.960 --> 01:47:45.960]  That ain't the way it goes, okay?
[01:47:45.960 --> 01:47:49.960]  Now, what happens in Texas or, you know, in a lot of counties,
[01:47:49.960 --> 01:47:55.960]  there'll be two clerks' offices, one for the criminal side, one for the civil side.
[01:47:55.960 --> 01:48:02.960]  Now, according to law, it doesn't delegate or require that the clerk,
[01:48:02.960 --> 01:48:05.960]  the county clerk, that there's two separate clerks.
[01:48:05.960 --> 01:48:08.960]  They can do that, but it's not a requirement.
[01:48:08.960 --> 01:48:12.960]  Well, what happens if you go to try to file your petition for writ of habeas corpus
[01:48:12.960 --> 01:48:17.960]  with the criminal clerk, they will not take it, okay?
[01:48:17.960 --> 01:48:20.960]  If they can't find a cause number, if there's not already a case,
[01:48:20.960 --> 01:48:24.960]  you can't file anything, nothing, okay?
[01:48:24.960 --> 01:48:28.960]  So you have to go to the civil clerk and file your petition for writ of habeas corpus
[01:48:28.960 --> 01:48:34.960]  to try to get the issue of this criminal case before the court
[01:48:34.960 --> 01:48:37.960]  so that you can file motions in your defense,
[01:48:37.960 --> 01:48:40.960]  because otherwise the prosecutor is just leaning on you,
[01:48:40.960 --> 01:48:43.960]  and you can't even file anything, okay?
[01:48:43.960 --> 01:48:45.960]  So that would be my suggestion.
[01:48:45.960 --> 01:48:47.960]  First things first, see if there's a file.
[01:48:47.960 --> 01:48:53.960]  If there's not, try to see if the prosecutor has it, guarantee you will.
[01:48:53.960 --> 01:48:57.960]  If you see it in his hand, try to get, you know, a hidden camera picture of it
[01:48:57.960 --> 01:49:00.960]  so you can nail him for felony tampering with a government document,
[01:49:00.960 --> 01:49:02.960]  and then file the petition for writ of habeas corpus,
[01:49:02.960 --> 01:49:04.960]  and then we'll take it from there, okay?
[01:49:04.960 --> 01:49:05.960]  Does that make sense, Alan?
[01:49:05.960 --> 01:49:07.960]  Oh, perfect sense.
[01:49:07.960 --> 01:49:13.960]  So right after I file that with the court, and I get the right,
[01:49:13.960 --> 01:49:20.960]  if it does get filed, like you said, I start filing the, like, trying to disprove.
[01:49:20.960 --> 01:49:23.960]  Right, motions to dismiss and stuff like that.
[01:49:23.960 --> 01:49:24.960]  Yeah.
[01:49:24.960 --> 01:49:28.960]  And Randy's got, you know, a bunch of motions like that on his side.
[01:49:28.960 --> 01:49:30.960]  Yeah, I see them on the Web site.
[01:49:30.960 --> 01:49:33.960]  Now, the other thing that really upset me real quickly,
[01:49:33.960 --> 01:49:35.960]  so I can get off here and you can get to someone else,
[01:49:35.960 --> 01:49:38.960]  is I have proof that I didn't even do this.
[01:49:38.960 --> 01:49:39.960]  That's what upsets me.
[01:49:39.960 --> 01:49:44.960]  So I could have solved this if, like you said, I got to see the magistrate right away.
[01:49:44.960 --> 01:49:48.960]  I have all the proof in the world that proves I never even did this.
[01:49:48.960 --> 01:49:57.960]  Don't address the merits of the case at all, especially at this stage of the game.
[01:49:57.960 --> 01:49:58.960]  Don't address the merits of the case.
[01:49:58.960 --> 01:50:01.960]  It doesn't matter if you're guilty or innocent.
[01:50:01.960 --> 01:50:03.960]  It doesn't matter at all.
[01:50:03.960 --> 01:50:06.960]  The only thing that matters is what they did wrong.
[01:50:06.960 --> 01:50:09.960]  The only thing that matters is that they violated your rights.
[01:50:09.960 --> 01:50:12.960]  They did not bring you to a magistrate.
[01:50:12.960 --> 01:50:19.960]  They committed aggravated kidnapping, false imprisonment, abuse of process,
[01:50:19.960 --> 01:50:25.960]  impersonating an officer, felony tampering with a government document,
[01:50:25.960 --> 01:50:32.960]  conspiracy to commit all kinds of crimes.
[01:50:32.960 --> 01:50:37.960]  My main goal here is to just head on just go right after them.
[01:50:37.960 --> 01:50:43.960]  You filed motions to dismiss the whole thing based on the fact of abuse of process.
[01:50:43.960 --> 01:50:46.960]  It doesn't matter what your merits are.
[01:50:46.960 --> 01:50:47.960]  Wait, wait, wait.
[01:50:47.960 --> 01:50:51.960]  Abuse of process has a very specific connotation.
[01:50:51.960 --> 01:50:57.960]  Just because the process is maliciously issued or wrongfully issued does not
[01:50:57.960 --> 01:51:00.960]  automatically initiate abuse of process.
[01:51:00.960 --> 01:51:08.960]  Abuse of process will only apply if it can be shown that the process itself was
[01:51:08.960 --> 01:51:15.960]  used for a means other than what is lawful or for a purpose other than for which
[01:51:15.960 --> 01:51:16.960]  it was written.
[01:51:16.960 --> 01:51:22.960]  For instance, if the warrant that was issued is a process, if the warrant spoke
[01:51:22.960 --> 01:51:28.960]  only to your arrest and not to the seizure of any evidence and they seized
[01:51:28.960 --> 01:51:35.960]  evidence, that's an abuse of process because the process did not speak to the
[01:51:35.960 --> 01:51:38.960]  issue of seizing any property.
[01:51:38.960 --> 01:51:42.960]  That's a misuse of the process as it's written and issued.
[01:51:42.960 --> 01:51:47.960]  There's a very specific way that abuse of process must be implemented before it
[01:51:47.960 --> 01:51:49.960]  can be adjudicated and claimed.
[01:51:49.960 --> 01:51:51.960]  So just be aware of that.
[01:51:51.960 --> 01:51:55.960]  Yes, I understand.
[01:51:55.960 --> 01:51:56.960]  All right.
[01:51:56.960 --> 01:51:57.960]  Thanks, Alan.
[01:51:57.960 --> 01:51:58.960]  Thank you.
[01:51:58.960 --> 01:51:59.960]  Okay.
[01:51:59.960 --> 01:52:04.960]  We're going to go on now to Brian in Minnesota.
[01:52:04.960 --> 01:52:05.960]  Brian, thanks for calling in.
[01:52:05.960 --> 01:52:07.960]  What's your question for us tonight?
[01:52:07.960 --> 01:52:15.960]  Yes, I had a call last Thursday and I just kind of, I don't think they're on there.
[01:52:15.960 --> 01:52:19.960]  I just kind of wanted to add a couple questions.
[01:52:19.960 --> 01:52:24.960]  I think my questions are mostly procedural like most people, but I was dealing
[01:52:24.960 --> 01:52:31.960]  with an illegal search and seizure case where I have a police report and a
[01:52:31.960 --> 01:52:37.960]  police video that completely like differ, like what he wrote in the police
[01:52:37.960 --> 01:52:40.960]  report is, I don't know, he falsified a lot of evidence.
[01:52:40.960 --> 01:52:48.960]  I think what Eddie suggested I do was file criminal conspiracy and tampering
[01:52:48.960 --> 01:52:54.960]  with the government documents and something about due process, I suppose.
[01:52:54.960 --> 01:52:56.960]  Denial of due process.
[01:52:56.960 --> 01:53:03.960]  Yes, so filing a due process, is that not the same as a criminal complaint
[01:53:03.960 --> 01:53:05.960]  though, right, or is that?
[01:53:05.960 --> 01:53:06.960]  No.
[01:53:06.960 --> 01:53:10.960]  Violation of due process is a cause of action in a civil suit.
[01:53:10.960 --> 01:53:15.960]  A criminal complaint is what criminal act did they commit when they violated
[01:53:15.960 --> 01:53:17.960]  your right to due process?
[01:53:17.960 --> 01:53:23.960]  What crime did they commit in the process of doing that denial?
[01:53:23.960 --> 01:53:27.960]  Well, I mean, as far as I'm concerned, there were several.
[01:53:27.960 --> 01:53:29.960]  I wanted to look into it.
[01:53:29.960 --> 01:53:34.960]  But be aware, what you're concerned with is not going to hold water in court.
[01:53:34.960 --> 01:53:37.960]  It's what the law says the violation is.
[01:53:37.960 --> 01:53:43.960]  For example, if the officer arrested you without a warrant and without
[01:53:43.960 --> 01:53:47.960]  probable cause in Texas, that's false imprisonment.
[01:53:47.960 --> 01:53:52.960]  Because he had no authority to arrest you and because he was armed, you can
[01:53:52.960 --> 01:53:56.960]  also make the criminal accusation of aggravated assault.
[01:53:56.960 --> 01:54:02.960]  And because he transported you from one location to another while armed, you
[01:54:02.960 --> 01:54:06.960]  can make the criminal accusation of aggravated kidnapping.
[01:54:06.960 --> 01:54:10.960]  You see how it builds one upon the other through the elements involved of
[01:54:10.960 --> 01:54:11.960]  the action?
[01:54:11.960 --> 01:54:15.960]  Okay, so you're suggesting I file a civil suit and the criminal suit at the
[01:54:15.960 --> 01:54:16.960]  same time?
[01:54:16.960 --> 01:54:18.960]  You can't file a criminal suit.
[01:54:18.960 --> 01:54:21.960]  All you can do is file the criminal complaint.
[01:54:21.960 --> 01:54:23.960]  Sorry, yeah, right.
[01:54:23.960 --> 01:54:24.960]  Okay.
[01:54:24.960 --> 01:54:27.960]  And then so...
[01:54:27.960 --> 01:54:34.960]  But Brian, these are also reasons, these are also the reasons to back up your
[01:54:34.960 --> 01:54:37.960]  motion to dismiss the charges against you.
[01:54:37.960 --> 01:54:41.960]  It has nothing to do with whether you're guilty or innocent or even what your
[01:54:41.960 --> 01:54:43.960]  side of the story is.
[01:54:43.960 --> 01:54:44.960]  None of that matters.
[01:54:44.960 --> 01:54:45.960]  Right.
[01:54:45.960 --> 01:54:47.960]  They have no grounds.
[01:54:47.960 --> 01:54:53.960]  They have no standing to even prosecute the case or bring charges against you
[01:54:53.960 --> 01:54:58.960]  because they violated the due process laws.
[01:54:58.960 --> 01:55:06.960]  So you just nail them on their procedural errors and their violations of law.
[01:55:06.960 --> 01:55:09.960]  Those are the reasons to dismiss the case.
[01:55:09.960 --> 01:55:10.960]  In a civil suit?
[01:55:10.960 --> 01:55:14.960]  No, in the criminal case against you.
[01:55:14.960 --> 01:55:18.960]  Okay, well, I already went to defend myself against the speeding violation,
[01:55:18.960 --> 01:55:20.960]  and I lost to that.
[01:55:20.960 --> 01:55:24.960]  Now, there's some argument that that will open other doors for them.
[01:55:24.960 --> 01:55:27.960]  What's your take on that?
[01:55:27.960 --> 01:55:30.960]  Well, what do you mean it will open other doors for them?
[01:55:30.960 --> 01:55:36.960]  Okay, so brief, now I kind of went and did the first thing I knew how to do was
[01:55:36.960 --> 01:55:40.960]  go file a conciliation court against them.
[01:55:40.960 --> 01:55:43.960]  And so I'm scheduled to be in conciliation court against them.
[01:55:43.960 --> 01:55:47.960]  I don't know if that's really the proper venue for what I can do to change that.
[01:55:47.960 --> 01:55:50.960]  Okay, what is conciliation court?
[01:55:50.960 --> 01:55:54.960]  In Minnesota, it's defined as, and I sit there and I asked them, I said,
[01:55:54.960 --> 01:55:57.960]  do you think I can do this because it's what is known as housing court and
[01:55:57.960 --> 01:55:58.960]  small claims court.
[01:55:58.960 --> 01:56:00.960]  And they said, well, what you're defining is a small claim.
[01:56:00.960 --> 01:56:04.960]  So there was no reason they could suggest against it.
[01:56:04.960 --> 01:56:05.960]  But it's an informal court.
[01:56:05.960 --> 01:56:10.960]  If not, it doesn't follow typical like procedural discovery and stuff like that.
[01:56:10.960 --> 01:56:16.960]  Okay, first off, this is going to require procedural discovery.
[01:56:16.960 --> 01:56:21.960]  For you to get the evidence to prove your case, you're going to have to do discovery.
[01:56:21.960 --> 01:56:24.960]  You may even have to take depositions.
[01:56:24.960 --> 01:56:25.960]  Okay?
[01:56:25.960 --> 01:56:26.960]  Okay.
[01:56:26.960 --> 01:56:28.960]  You're going to have to get sworn affidavits.
[01:56:28.960 --> 01:56:32.960]  You're going to have to call witnesses and so on and so forth.
[01:56:32.960 --> 01:56:38.960]  So and in that regard, you're not making a small claim.
[01:56:38.960 --> 01:56:47.960]  You're making a constitutional claim, okay, of a violation of rights issue.
[01:56:47.960 --> 01:56:48.960]  Right.
[01:56:48.960 --> 01:56:49.960]  Correct?
[01:56:49.960 --> 01:56:50.960]  Definitely.
[01:56:50.960 --> 01:56:51.960]  Yes, correct.
[01:56:51.960 --> 01:56:54.960]  Okay, then you're not going to do that in a small claims court unless it's
[01:56:54.960 --> 01:57:00.960]  actually just a small insignificant thing but pertinent to a rights violation.
[01:57:00.960 --> 01:57:01.960]  Okay.
[01:57:01.960 --> 01:57:06.960]  What would be the proper way to change the venue I'm at, to like to stop the
[01:57:06.960 --> 01:57:09.960]  conciliation court and to move this to some other court?
[01:57:09.960 --> 01:57:14.960]  Then you simply file a motion withdrawing your complaint in the conciliation
[01:57:14.960 --> 01:57:15.960]  court.
[01:57:15.960 --> 01:57:16.960]  Okay.
[01:57:16.960 --> 01:57:22.960]  And then refile it in the other venue.
[01:57:22.960 --> 01:57:24.960]  In the criminal venue.
[01:57:24.960 --> 01:57:27.960]  No, you can't file in the criminal venue.
[01:57:27.960 --> 01:57:33.960]  You're going to file a civil suit but in a larger court, not a small claims court.
[01:57:33.960 --> 01:57:34.960]  Right, right.
[01:57:34.960 --> 01:57:35.960]  Okay.
[01:57:35.960 --> 01:57:41.960]  Your criminal complaints you're going to take to either the district attorney
[01:57:41.960 --> 01:57:46.960]  or if you can get there in Minnesota, which I highly doubt the way Minnesota
[01:57:46.960 --> 01:57:50.960]  law is, directly to your grand jury.
[01:57:50.960 --> 01:57:51.960]  Okay.
[01:57:51.960 --> 01:57:58.960]  I suppose one of my questions too is with the jurisdictionary, do you think the
[01:57:58.960 --> 01:58:02.960]  jurisdictionary would apply well in Minnesota or is that going to be?
[01:58:02.960 --> 01:58:08.960]  The jurisdictionary will apply anywhere as far as the basic necessities of how
[01:58:08.960 --> 01:58:09.960]  to file a lawsuit.
[01:58:09.960 --> 01:58:14.960]  You still must know the local rules and laws for what you're doing.
[01:58:14.960 --> 01:58:15.960]  Right, right.
[01:58:15.960 --> 01:58:19.960]  They're also using a city prosecutor, the city attorney.
[01:58:19.960 --> 01:58:21.960]  I hear you talk about how that works.
[01:58:21.960 --> 01:58:22.960]  Hang on.
[01:58:22.960 --> 01:58:24.960]  We're not going to be able to go into this any further because it's the end of
[01:58:24.960 --> 01:58:25.960]  the show.
[01:58:25.960 --> 01:58:26.960]  Right.
[01:58:26.960 --> 01:58:29.960]  But if you need to talk about it some more, call back in Thursday night, okay?
[01:58:29.960 --> 01:58:30.960]  Okay, excellent.
[01:58:30.960 --> 01:58:37.960]  Yeah, and read the state laws to see if a state prosecutor is allowed to prosecute
[01:58:37.960 --> 01:58:38.960]  state laws.
[01:58:38.960 --> 01:58:40.960]  Here in Texas it's not allowed.
[01:58:40.960 --> 01:58:41.960]  Okay.
[01:58:41.960 --> 01:58:42.960]  Okay.
[01:58:42.960 --> 01:58:43.960]  All right, folks.
[01:58:43.960 --> 01:58:45.960]  We will be back on Thursday night.
[01:58:45.960 --> 01:58:46.960]  This is the rule of law.
[01:58:46.960 --> 01:59:01.960]  Randy Kelton, Eddie Craig, and Deborah Stevens.
[01:59:01.960 --> 01:59:16.960]  All right, folks.
[01:59:16.960 --> 01:59:44.960]  We will be back on Thursday night.
[01:59:44.960 --> 01:59:58.960]  Thank you.