[00:00.000 --> 00:04.500] This news brief brought to you by the International News Net. [00:04.500 --> 00:10.380] Thousands of Iraqis, inspired by revolutions in Egypt and Tunisia, rallied Friday against [00:10.380 --> 00:14.140] corruption, poor basic services, and high unemployment. [00:14.140 --> 00:20.340] In Basra, protesters blocked a bridge and called on the provincial government to resign. [00:20.340 --> 00:25.420] Protester Khair Jabbar said, quote, we're living in miserable conditions, no electricity, [00:25.420 --> 00:27.100] dirty, muddy streets. [00:27.100 --> 00:28.540] We have to make changes. [00:28.540 --> 00:31.420] We should not be silent. [00:31.420 --> 00:36.620] Thousands gathered for a Friday of victory and continuation in Cairo's Tahrir Square, [00:36.620 --> 00:40.540] marking one week since Hosni Mubarak was overthrown. [00:40.540 --> 00:44.020] Activists vowed to keep up the pressure on the interim government until all their demands [00:44.020 --> 00:47.380] were met, including the release of political prisoners. [00:47.380 --> 00:50.260] Workers across Egypt continued to strike. [00:50.260 --> 00:56.460] Afghan villagers, whose homes were destroyed by the US military last October, are disputing [00:56.460 --> 00:58.940] the military's account of the demolition. [00:58.940 --> 01:04.540] Major General James Terry alleged the homes systematically destroyed by US forces in Kandahar [01:04.540 --> 01:10.460] province, quote, were abandoned, emptied, and wired with ingenious arrays of bombs. [01:10.460 --> 01:15.420] Local villagers say they were only temporarily away from their homes. [01:15.420 --> 01:20.420] In Manama, Bahrain, at least two people were killed early Thursday as hundreds of heavily [01:20.420 --> 01:25.860] armed riot police rushed without warning, firing tear gas and concussion grenades at [01:25.860 --> 01:28.700] thousands of sleeping demonstrators in Pearl Square. [01:28.700 --> 01:32.860] Men, women, and children ran screaming, choking, and collapsing. [01:32.860 --> 01:36.860] Tens of thousands of people had poured into the square during the day, giving rousing [01:36.860 --> 01:40.660] speeches and pressing demands for a constitutional democracy. [01:40.660 --> 01:46.300] The protest began Monday when young organizers called for a day of rage modeled on the uprisings [01:46.300 --> 01:48.100] in Egypt and Tunisia. [01:48.100 --> 01:53.020] On that day, police refused to allow demonstrators to gather, overwhelming them with tear gas [01:53.020 --> 01:54.540] and other rounds. [01:54.540 --> 01:59.300] That galvanized the opposition, and under pressure from the US, the king withdrew police from [01:59.300 --> 02:00.300] the streets. [02:00.300 --> 02:05.500] The royal family is sunny, while the majority of the nation's 600,000 citizens are Shiite, [02:05.500 --> 02:10.580] who have long complained of being marginalized and discriminated against. [02:10.580 --> 02:17.460] Sit-ins by workers and students and stalling tactics by state Democrats halted a vote Thursday [02:17.460 --> 02:23.740] on an anti-union bill promoted by Wisconsin Republican Governor Scott Walker. [02:23.740 --> 02:28.580] Democrats in the state Senate refused to show up, vowing to prevent any action until Walker [02:28.580 --> 02:30.260] dropped his plan. [02:30.260 --> 02:35.420] Walker's plan to eliminate collective bargaining rights for unions and take away their ability [02:35.420 --> 02:39.500] to collect dues would have no impact on the state's budget. [02:39.500 --> 02:45.900] Last month, the state legislature granted $117 million in tax breaks, mostly for business [02:45.900 --> 02:48.820] expansion and private health savings accounts. [02:48.820 --> 02:55.260] However, Wisconsin's Legislative Fiscal Bureau showed that but for those tax giveaways, the [02:55.260 --> 02:56.260] state would have a surplus. [02:56.260 --> 03:01.260] For more details on these stories, visit INNWorldRecord.net. [03:01.260 --> 03:13.100] You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free [03:13.100 --> 03:20.100] speech talk radio at its best. [03:43.100 --> 04:02.100] We are originators and the pathway seems to get straighter every day, and I can take anything [04:02.100 --> 04:11.100] that belongs to me and put it to good use. [04:11.100 --> 04:30.100] I know some architects, I know some engineers, they see the evidence, they know a certain [04:30.100 --> 04:31.100] thing's queer. [04:31.100 --> 04:32.100] What's up with the blatant deception? [04:32.100 --> 04:34.100] What is the nature of what you might gain? [04:34.100 --> 04:38.900] Alright folks, we are back and I've been sitting quietly by, but now we're getting into an [04:38.900 --> 04:44.300] area that I'm more or less familiar with here, so I'm going to start off with introducing [04:44.300 --> 04:46.700] how we're going to deal with this. [04:46.700 --> 04:49.820] Basically those of you that have been paying attention to us for the last year and a half [04:49.820 --> 04:54.540] or so or two years that I've been on here just about, dealing with the traffic issues [04:54.540 --> 04:59.100] and stuff, you know very well that the things that I've taught you is that the entire code [04:59.100 --> 05:05.980] is commercial in nature, always has been, can't be anything else. [05:05.980 --> 05:10.860] A lot of what Harmon has talked about tonight has gone a long way to show exactly how and [05:10.860 --> 05:13.140] why that has applied. [05:13.140 --> 05:18.300] For instance, we know the federal bases everything that they're able to do on a commercial nexus. [05:18.300 --> 05:25.140] Well, the transportation codes in every state are based on the federal code, Title 49, which [05:25.140 --> 05:31.940] creates that commercial nexus of regulation within the state for the purposes of commerce. [05:31.940 --> 05:36.900] The states have acquiesced to it, they've suckered us into going along with it and here [05:36.900 --> 05:41.580] for we find ourselves under their thumb when it comes to you got it, you got it, you got [05:41.580 --> 05:42.580] it. [05:42.580 --> 05:49.380] What I'd like to go over with Harmon is some of the things that he has ideas about on it, [05:49.380 --> 05:54.540] some of the points he may have made in cases that he's dealt with and so on and so forth, [05:54.540 --> 05:58.700] and some of the issues that I teach people about dealing with it as well. [05:58.700 --> 06:03.340] So Harmon, for whatever experience you've got in this area, either in court or otherwise, [06:03.340 --> 06:09.380] please give us a set up on exactly what that is. [06:09.380 --> 06:15.780] The court experience I have is a specific personal experience, is a no driver's license [06:15.780 --> 06:17.900] ticket. [06:17.900 --> 06:25.060] The motive on the no driver's license for me was sparked by this insane concept of the [06:25.060 --> 06:32.660] real I.D. and in checking into all of that, what one finds is the New World Order thing [06:32.660 --> 06:39.860] and right now the next stage for America being the North America Union, Canada, U.S. and [06:39.860 --> 06:52.260] Mexico being one commercial zone, the question is can a God-fearing individual go there? [06:52.260 --> 07:01.880] And the answer is no, it is not consistent with the obligation to one's creator to join [07:01.880 --> 07:08.060] a church that exists to defy the creator's standards, it just doesn't make any sense. [07:08.060 --> 07:15.300] So there's the transportation side of the driver's license but far, far, far more wicked [07:15.300 --> 07:25.380] from my point of view is the compelled political association through the I.D. function of the [07:25.380 --> 07:26.380] driver's license. [07:26.380 --> 07:31.900] The, and I'm sure you've talked about it, the driver's license is something that's [07:31.900 --> 07:37.220] needed for commercial purposes, no one needs it for that, they need it to cash checks at [07:37.220 --> 07:38.220] the bank. [07:38.220 --> 07:41.140] So what's the association there? [07:41.140 --> 07:49.020] The association is the I.D. feature and it's purely voluntary, you don't have to be a driver, [07:49.020 --> 07:55.340] you don't have to volunteer to be a member of church of, state of, fill in the blank, [07:55.340 --> 08:01.500] here state of Texas, don't have to be purely voluntary, they can make it real difficult [08:01.500 --> 08:09.060] if you don't volunteer but it's a practical matter and so the motive for me on this issue [08:09.060 --> 08:13.260] isn't so much the transportation side, that's a huge part of it, that's the key part of [08:13.260 --> 08:19.680] the defense but the motive here has everything to do with whether one is going to get suckered [08:19.680 --> 08:26.260] into being politically aligned, politically affiliated with the New World Order through [08:26.260 --> 08:31.620] this next stage of the North America Union which they're trying to do through the real [08:31.620 --> 08:38.460] I.D. act and they're not doing it through the I.D., they're through the national bank, [08:38.460 --> 08:44.340] they're doing it through the driver's license, there's several states already converted over, [08:44.340 --> 08:54.580] so anyway that's the motive for it, the study for it comes down to six key terms, there's [08:54.580 --> 09:01.900] six key terms in the traffic related statutes that we've got to know and we've got to know [09:01.900 --> 09:08.900] that it's very semantic oriented, driver is not a generic term, driver is a very specific [09:08.900 --> 09:17.060] commercial term and coming up with alternatives like traveler in charge or traveler behind [09:17.060 --> 09:23.340] the wheel, it gets kind of cumbersome to come up with alternatives because we've used the [09:23.340 --> 09:29.220] statutory terms, the commercial terms as generic terms like Xerox used to be a company, well [09:29.220 --> 09:34.940] then it became a photocopy, Xerox make a Xerox copy, burn a Xerox copy, well it could be [09:34.940 --> 09:42.660] any company doing it, but this is how driver is, it's generic in use but it's not generic [09:42.660 --> 09:53.100] in meaning, so anyway six key terms, six key terms, transportation, vehicle, driver, motor [09:53.100 --> 10:02.940] vehicle, operator and this state, if we will learn six key terms we'll be able successfully [10:02.940 --> 10:09.900] to defend ourselves against any of the basic tickets that people are entering the debate [10:09.900 --> 10:16.740] to fight, transportation is the key, transportation is a term that's not defined in the transportation [10:16.740 --> 10:21.220] code and that should be all we need to know, it's not that there's no definition, there [10:21.220 --> 10:27.740] is a definition but it's not found in transportation code, that should tell us something, why don't [10:27.740 --> 10:34.540] they define the purpose for the code in the code because if we understood it we wouldn't [10:34.540 --> 10:40.180] go there, we wouldn't be tricked by it, so they hide transportation, they play statutory [10:40.180 --> 10:45.980] algebra games with us, substitution you know, they substitute in, so transportation isn't [10:45.980 --> 10:49.500] ever really found in the statutes, what's found in the statutes, vehicles found in some [10:49.500 --> 10:55.860] of them, I call it word smithing, word smithing is good, yeah hiding the sausage is good, [10:55.860 --> 11:02.380] they yeah and I use those descriptions when they use terms within terms, I call those [11:02.380 --> 11:07.420] compound definitions, compound definition, motor vehicle is one of those, yes vehicle [11:07.420 --> 11:14.460] brings in the term transportation, what's a vehicle, a conveyance used for transportation, [11:14.460 --> 11:20.340] if it's not being used for transportation guess what, it's not a vehicle, we hear vehicle [11:20.340 --> 11:28.700] on TV ads for insurance, we hear vehicle on TV ads for defense, defense law services, [11:28.700 --> 11:32.060] we hear vehicle out of the police officers all the time, they're trained to use term [11:32.060 --> 11:37.740] vehicle, we don't want to go there, what we have is a conveyance, if we have a vehicle [11:37.740 --> 11:42.900] and if we say we have a vehicle and if we agree to the use of the term vehicle in court, [11:42.900 --> 11:48.860] what did we just consent to, transportation, if we're not in transportation then we're [11:48.860 --> 11:55.620] traveling, there's only two choices, transportation has everything to do with, here's the definition, [11:55.620 --> 12:01.820] removing people and or property from here to there for profit or hire under the choice [12:01.820 --> 12:06.220] of law of the place called this state, that's transportation, that's transportation, removing [12:06.220 --> 12:09.940] people and or property from here to there for profit or hire under the choice of law [12:09.940 --> 12:15.060] of the place called this state, if that's not what we're doing then we're traveling, [12:15.060 --> 12:18.580] why, because that's the two choices, it's one or the other, it's like law of the land [12:18.580 --> 12:24.260] or law of the sea, it's one or the other, it's either traveling or transportation, traveling [12:24.260 --> 12:28.900] or transportation, what's transportation, well we just defined it, what's a vehicle, [12:28.900 --> 12:35.060] a conveyance used for transportation, that's easy, okay what's a driver, person behind [12:35.060 --> 12:39.340] the wheel of the vehicle, driver is a compound definition to use your term if your audience [12:39.340 --> 12:44.100] is used to that, they were talking about compound definitions, I call it statutory algebra, [12:44.100 --> 12:49.140] they're substituting in all the time, if we substitute, if we substituted and filled [12:49.140 --> 12:53.900] in the definitions then driver would include the term vehicle, the vehicle would include [12:53.900 --> 13:00.540] the term transportation, so what's a driver, person behind the wheel of a conveyance used [13:00.540 --> 13:04.020] to remove people and or property from here to there for profit or hire under the choice [13:04.020 --> 13:07.660] of law of the place called this state, we don't find that definition and they don't [13:07.660 --> 13:13.300] use that definition, they contract it, that's why they play the game this way, the compound [13:13.300 --> 13:20.220] definition game, the perfectly good description of it, okay, so what's a driver, someone engaged [13:20.220 --> 13:24.900] in transportation, if we're not in transportation then no vehicle, if we're not in transportation [13:24.900 --> 13:30.300] then no driver, what's a motor vehicle, a vehicle with a motor, what's a vehicle, conveyance [13:30.300 --> 13:37.300] used for transportation, if we're not in transportation then no motor vehicle, what's an operator, [13:37.300 --> 13:44.260] typically in a disciplined code, the operator is the person behind the wheel of a motor [13:44.260 --> 13:49.820] vehicle, Texas doesn't do it that way, in Texas it's reversed from what it normally [13:49.820 --> 13:54.940] is, operator is the one that can be vehicle or motor vehicle and driver technically is [13:54.940 --> 13:59.540] behind the wheel of a motor vehicle, in Texas, that's not a discipline code, they kind of [13:59.540 --> 14:06.540] mixed and matched this and turned the model code on its ear, but we can get into the details [14:06.540 --> 14:10.900] of that in application, the point here is just to run through the terms to show, to [14:10.900 --> 14:14.900] illustrate, which you've probably covered with them a lot, which is the compound definition [14:14.900 --> 14:20.140] thing and how this works, and everything goes, why do we do this, everything goes back to [14:20.140 --> 14:25.660] transportation, transportation is the key, transportation is hidden in these definitions, [14:25.660 --> 14:29.980] so when the question comes up, were you driving, well if the answer is yes, guess what, just [14:29.980 --> 14:36.580] confess to transportation, just confess to consenting to being regulated, so the commercial [14:36.580 --> 14:44.220] nexus is both made and breached instantly when these six terms are consented to, okay, [14:44.220 --> 14:49.860] transportation, vehicle, driver, motor vehicle, operator, operator party behind the wheel [14:49.860 --> 14:55.820] of a motor vehicle, what's a motor vehicle, conveyance, vehicle with a motor, what's a [14:55.820 --> 15:00.620] vehicle, conveyance used for transportation, okay, that's operator, this state's a little [15:00.620 --> 15:04.900] different, we covered this state in the first hour, let's go over it again, what is this [15:04.900 --> 15:09.380] state, there's no definition for this state, just like there's no definition for transportation, [15:09.380 --> 15:13.460] there's no definition for this state, what is this state, it's not Texas, we read it [15:13.460 --> 15:17.540] in the Texas code, doesn't have anything to do with Texas, doesn't have anything to do [15:17.540 --> 15:22.460] with any state, we'll read the state code, what is this state, this state is a huge place, [15:22.460 --> 15:29.300] the picture of land mass of 48 contiguous states plus DC, plus Alaska, Hawaii, American [15:29.300 --> 15:35.300] Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands and all the rest of the [15:35.300 --> 15:44.500] territories and protectors, picture that land mass, now above that land mass picture a clear [15:44.500 --> 15:49.540] acrylic layer hovering above the land 25 feet, there's nothing magic about 25 feet, it's [15:49.540 --> 15:54.860] just if we're looking at something 25 feet in the air, we're looking up most of the time, [15:54.860 --> 15:59.940] if we're looking at something 25 feet in the air, we're looking up, if we're looking in [15:59.940 --> 16:05.380] the air, we're looking into a maritime jurisdictional zone, law of the sea applies to the water [16:05.380 --> 16:15.940] or the air, so that's why I describe this state that way, to take this state out of [16:15.940 --> 16:23.660] the purely theoretical and into the tangible, I describe it this way, and so if we see it [16:23.660 --> 16:28.380] in a zone that's constantly in the maritime law, then we understand that that's where [16:28.380 --> 16:33.020] we are, what is maritime law, doesn't apply just because it exists, it applies only if [16:33.020 --> 16:37.660] it's agreed to, and this takes us back to the concept of federal, I guess we're at a [16:37.660 --> 16:42.820] break, we'll come back for some more, and it's their choice of law is the point, right, [16:42.820 --> 16:46.100] they're construct, they're construct, absolutely. [16:46.100 --> 16:49.860] Alright, we'll be right back folks, right on the other side, more discussion of the [16:49.860 --> 17:02.020] transportation code with Eddie N. Harmon-Taylor, we'll be right back. [17:02.020 --> 17:07.060] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies [17:07.060 --> 17:09.080] in the Austin metro area. [17:09.080 --> 17:14.140] We also ship worldwide, we are a family owned and operated business that offers competitive [17:14.140 --> 17:16.660] prices on your coin and metals purchases. [17:16.660 --> 17:22.140] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious [17:22.140 --> 17:23.740] metals and scrap gold. [17:23.740 --> 17:27.340] We will purchase and sell gold and jewelry items as well. 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[21:29.660 --> 21:30.660] Thanks for watching. [21:30.660 --> 21:31.660] I'm Michael Mears. [21:31.660 --> 21:32.660] I'll see you next time. [21:32.660 --> 21:59.260] I'm Michael Mears. [21:59.260 --> 22:16.380] All right, folks. [22:16.380 --> 22:17.380] We are back. [22:17.380 --> 22:18.380] Sorry for the extended break. [22:18.380 --> 22:21.020] We've got a lot going on in the background here. [22:21.020 --> 22:22.020] Okay. [22:22.020 --> 22:26.460] As far as the issue we've dealt with so far, the things that Harmon has said is pretty [22:26.460 --> 22:30.820] much the exact same thing that I've been telling you folks, that the words are extremely important. [22:30.820 --> 22:33.660] Their usage is extremely important. [22:33.660 --> 22:38.420] And you should never, ever make the mistake of mixing up your words when you're making [22:38.420 --> 22:41.460] statements about what you are or aren't doing. [22:41.460 --> 22:46.340] And the reason for that is, is like I said, an officer is not there to be your friend. [22:46.340 --> 22:48.660] He is not there to help you. [22:48.660 --> 22:54.180] If you fell to the bottom of a well and a cop was offering to throw you a rope, the [22:54.180 --> 23:00.660] only thing he is trying to do is get you up to his level where he can arrest you for trespassing. [23:00.660 --> 23:04.140] He is not there to save you. [23:04.140 --> 23:06.100] Okay? [23:06.100 --> 23:10.980] So understand that before you ever engage these individuals. [23:10.980 --> 23:17.420] Now the other thing that we're dealing with here is like as far as things like registration, [23:17.420 --> 23:20.500] inspection and all of that, none of which are on my car. [23:20.500 --> 23:22.540] Everybody that knows me knows that. [23:22.540 --> 23:27.420] The plates on my car are handmade and yes, I am aware they say private vehicle, but I [23:27.420 --> 23:32.500] did not actually make the plate and I did inform the folks that did make it that they [23:32.500 --> 23:38.620] would be much better off either changing it to private property or private conveyance [23:38.620 --> 23:45.020] and do not ever use the terms that the state uses to make its jurisdiction known. [23:45.020 --> 23:47.300] That's a mistake. [23:47.300 --> 23:54.500] Now on that note, dealing with things like the driver's license, for instance, Harmon, [23:54.500 --> 24:00.140] from what I do is we deal with Chapter 521 in the seminar a lot which goes into the definition [24:00.140 --> 24:04.780] of a driver's license and there are only three things designated there, a temporary license, [24:04.780 --> 24:08.940] a learner's permit and an occupational license. [24:08.940 --> 24:13.620] So the first thing I ask when they attempt to charge me for no license is, well, can [24:13.620 --> 24:15.660] you be more specific? [24:15.660 --> 24:20.260] Can you tell me which of these three things you're saying I'm required to have? [24:20.260 --> 24:23.340] Because you're going to have to be specific in the criminal complaint. [24:23.340 --> 24:27.580] So I need to know which one you plan on charging me with not having. [24:27.580 --> 24:29.460] They don't know how to answer that. [24:29.460 --> 24:34.180] And generally the complaint will come out saying, did then and there knowingly and willfully [24:34.180 --> 24:36.820] operate a motor vehicle without a driver's license? [24:36.820 --> 24:42.580] And I'll object to the complaint on grounds that it contains false statements and it's [24:42.580 --> 24:45.780] nonspecific. [24:45.780 --> 24:49.780] They don't like that either and of course they never respond to that point of law as [24:49.780 --> 24:50.780] well. [24:50.780 --> 24:56.660] So one of my questions would be, how would you handle that any differently or would you? [24:56.660 --> 25:01.460] The thing about the license and where you're headed is just fine. [25:01.460 --> 25:05.860] The thing about the license is this, there's one and only one reason to have a license. [25:05.860 --> 25:14.060] Take an area, law, accounting, hairdressing, plumbing, electrical work, driving, there's [25:14.060 --> 25:20.460] one and only one reason to have a license and that's to engage in the regulated area [25:20.460 --> 25:24.380] of commerce for that profession. [25:24.380 --> 25:31.460] Now we've got to understand that a license operates guess where in this state? [25:31.460 --> 25:37.380] It's the only place that's licensed, there weren't licenses before this state. [25:37.380 --> 25:42.260] Licenses exist to regulate commerce in the place called this state. [25:42.260 --> 25:50.940] So if we're not doing our commercial activity in the place called this state, then it doesn't [25:50.940 --> 25:56.100] matter what we're doing, we don't need a license. [25:56.100 --> 26:03.900] So the thought there about which license are you saying I need and don't have is pretty [26:03.900 --> 26:05.340] interesting. [26:05.340 --> 26:10.940] I don't even really get into that in my way of looking at it. [26:10.940 --> 26:17.500] My generic take on the matter is I'm not engaging in transportation, I'm not doing anything [26:17.500 --> 26:22.300] in this state and so what else would you like to talk about? [26:22.300 --> 26:28.180] That's it, there's no transportation here. [26:28.180 --> 26:29.700] That's where I start. [26:29.700 --> 26:38.700] I start with the concept there's no transportation here and that ends the discussion, that doesn't [26:38.700 --> 26:43.420] necessarily end the debate but it ends the discussion. [26:43.420 --> 26:49.340] In other words, if a ticket is still issued, okay, that's their job. [26:49.340 --> 26:52.740] I know a lot of people have some horrible experience with law enforcement, I've never [26:52.740 --> 26:57.860] had a bad experience, I've got some friends who are policemen. [26:57.860 --> 27:01.500] I talk with one of them fairly regularly. [27:01.500 --> 27:06.940] There's a fellow I went to high school with that's an LA cop, he's a huge guy, he was [27:06.940 --> 27:12.060] the entire front line for our high school football team, well he wasn't that big but [27:12.060 --> 27:18.660] I mean he's the typical stereotypical police officer, he's just a huge guy and just nice [27:18.660 --> 27:22.260] as you can be, you know. [27:22.260 --> 27:28.780] Point being, I know people have horrible experiences with the cops, I've never had one and I don't [27:28.780 --> 27:32.660] have any real interaction with them anyway. [27:32.660 --> 27:40.260] So point being, they're there to do a job, they're armed collection revenue officers [27:40.260 --> 27:46.300] and they have not been trained, they haven't been trained. [27:46.300 --> 27:53.300] The objective I intend to obtain out of my particular case is getting that bridge crossed, [27:53.300 --> 27:58.860] getting information to those officers as to what the differences are because they're not [27:58.860 --> 28:00.180] trained, they don't know. [28:00.180 --> 28:02.660] I don't hold it against them, they're doing their job. [28:02.660 --> 28:09.620] Let me give you an example, this is a footnote but you may remember Ramos and Compion, the [28:09.620 --> 28:14.780] border patrol agents that shot the drug dealer in the butt, okay, they got to spend 10 years [28:14.780 --> 28:19.220] or something like that, they at least got sentenced for that, federal prison for doing [28:19.220 --> 28:20.220] their job. [28:20.220 --> 28:26.060] Well, the thing that angers the fire out of me about that case and it makes me a blood [28:26.060 --> 28:31.620] boil every time I think about it, they were not trained about the difference between this [28:31.620 --> 28:39.220] state and the land, they didn't realize that they were up in this hover zone and effectively [28:39.220 --> 28:44.500] what they did and why they went to jail is because they got down off of the hover zone, [28:44.500 --> 28:50.020] they jumped down to the ground and started pretending that they were the same place, [28:50.020 --> 28:54.180] they were not trained as to the difference and they went to jail for it because they [28:54.180 --> 28:57.500] were doing what they thought they had been trained to do. [28:57.500 --> 29:05.140] The cops are in the exact same position but I wouldn't trade jobs with them for anything, [29:05.140 --> 29:07.980] I wouldn't want to make a traffic stop, you never know what's going to come out of that [29:07.980 --> 29:19.380] door or that window, anyway, the point there is this, they don't know that there's a difference, [29:19.380 --> 29:23.140] they are trained in the commercial terms, that's why they talk about driving, that's [29:23.140 --> 29:27.940] why they talk about vehicles, why they talk about motor vehicles, they can quote the code [29:27.940 --> 29:32.980] to you and be 100% correct in their position. [29:32.980 --> 29:40.180] If we don't know the differences, then the problem ends up being ours and not theirs. [29:40.180 --> 29:46.020] Well, I'm going along with that, yet I haven't ever met one that can quote it. [29:46.020 --> 29:50.900] Alright folks, we'll be right back, this is Rule of Law Radio, Eddie Craig, Deborah Stevens, [29:50.900 --> 30:00.020] Randy Kelton and our guest, Harmon Taylor, we'll be right back. [30:00.020 --> 30:04.400] The Rule of Law Radio Network is proud to present a due process of law seminar hosted [30:04.400 --> 30:06.260] by our own Eddie Craig. [30:06.260 --> 30:10.620] Eddie is a former Nacogdoches County Sheriff's Deputy and for the past 21 years he has studied [30:10.620 --> 30:15.100] the due process of law and now offers his knowledge to you at a law seminar every Saturday [30:15.100 --> 30:20.860] from 3 o'clock to 6 o'clock at Brave New Books, located at 1904 Guadalupe Street in Austin, [30:20.860 --> 30:21.860] Texas. [30:21.860 --> 30:25.900] Admission is $20, so please make plans to come and sit with Eddie and learn for yourself [30:25.900 --> 30:31.340] what the true intent of law really is. [30:31.340 --> 30:35.380] Attention everyone who gains a few pounds each winter, you may be too warm and cozy [30:35.380 --> 30:36.380] for your own good. [30:36.380 --> 30:40.300] I'm Dr. Catherine Albrecht and I'll be back in just a moment to explain why you might [30:40.300 --> 30:42.540] want to turn down the heat. [30:42.540 --> 30:47.860] Your search engine is watching you, recording all your searches and creating a massive database [30:47.860 --> 30:49.540] of your personal information. [30:49.540 --> 30:50.840] That's creepy. [30:50.840 --> 30:52.940] But it doesn't have to be that way. [30:52.940 --> 30:56.060] Startpage.com is the world's most private search engine. [30:56.060 --> 31:00.180] Startpage doesn't store your IP address, make a record of your searches or use tracking [31:00.180 --> 31:02.460] cookies and they're third party certified. [31:02.460 --> 31:06.940] If you don't like big brother spying on you, start over with Startpage. [31:06.940 --> 31:09.820] Great search results and total privacy. [31:09.820 --> 31:12.460] Startpage.com, the world's most private search engine. [31:12.460 --> 31:17.260] A new study suggests the trend for warmer indoor temperatures could be making people [31:17.260 --> 31:20.860] fatter and contributing to the obesity epidemic. [31:20.860 --> 31:25.140] University College London researchers explain that when the weather turns cold, our bodies [31:25.140 --> 31:29.140] are designed to burn a special kind of fat called adipose tissue. [31:29.140 --> 31:33.820] It's supposed to keep us warm, but if our homes, businesses and cars are already toasty, [31:33.820 --> 31:36.380] our bodies never use up the energy to burn it. [31:36.380 --> 31:39.620] As a result, it hangs on as excess fat. [31:39.620 --> 31:41.700] So consider lowering the thermostat. [31:41.700 --> 31:45.700] You'll burn more calories and you'll whittle away all that adipose fat. [31:45.700 --> 31:50.020] You'll also save on heating costs and reduce carbon emissions in the process. [31:50.020 --> 31:53.780] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [32:20.020 --> 32:36.780] I won't, oh I won't, I won't let you pull the wool over my eyes. [32:36.780 --> 32:45.780] I certainly must refuse your news, also I've been lied. [32:45.780 --> 32:52.780] It seems you like the spare, but please take some words to the wise. [32:52.780 --> 33:19.780] Please stop trying to pull the wool over my eyes. [33:19.780 --> 33:46.780] It seems you like the spare, but please take some words to the wise. [33:46.780 --> 33:47.780] Please stop trying to pull the wool over my eyes. [33:47.780 --> 33:50.340] It seems you like the spare, but please stop trying to pull the wool over my eyes. [33:50.340 --> 33:51.340] Please stop trying to pull the wool over my eyes. [33:51.340 --> 33:56.340] It seems you like the spare, but please stop trying to pull the wool over my eyes. [33:56.340 --> 34:03.080] Please stop trying to pull the wool over my eyes. [34:03.080 --> 34:08.320] Please stop trying to pull the wool over my eyes. [34:08.320 --> 34:16.420] Please stop trying to pull the wool over my eyes. [34:16.420 --> 34:17.420] Please stop trying to pull the wool over my eyes. [34:17.420 --> 34:23.140] process, as you noted and as we were commenting on during the break, they failed to do the [34:23.140 --> 34:30.900] due process requirements every single time. I have yet to come across a single case in [34:30.900 --> 34:36.860] any court where these people have followed the law and provided due process. So one of [34:36.860 --> 34:41.580] the first things we attack is the chain of due process. The problem that we're having, [34:41.580 --> 34:48.020] however, is the same as usual. The lower court judges absolutely refuse to follow the chain [34:48.020 --> 34:53.420] of due process and the statutes. So one of the things we're trying to do is I am setting [34:53.420 --> 34:59.500] this up where I am writing a lawsuit before it ever happens. We're preparing the lawsuit, [34:59.500 --> 35:05.520] getting it all written out because we already know from step one all the way through exactly [35:05.520 --> 35:10.740] where they're going to mess up because they never failed to do it. So we've already got [35:10.740 --> 35:15.580] the lawsuit written and the day they arrest you, you just start documenting everything [35:15.580 --> 35:21.020] they do as usual and then you use that against them because the court record will be the [35:21.020 --> 35:27.980] best evidence of how they violated your due process rights. So what I'd like to know is [35:27.980 --> 35:37.580] what do you think of that take? The notice issue is huge. They do never get it right. [35:37.580 --> 35:45.140] The concept about notice doesn't have to do with trading ideas. Notice is a very specific [35:45.140 --> 35:54.340] thing having to do with trading of paperwork. In the transportation code matters, notice [35:54.340 --> 36:03.700] has to be delivered at least one day, at least 24 hours ahead of any proceeding relevant [36:03.700 --> 36:11.860] to that prosecution. Okay. Any proceeding includes the arraignment where they ask for [36:11.860 --> 36:18.500] the plea. That's any proceeding. In fact, it's a Texas case confirmed in the Supreme [36:18.500 --> 36:26.580] Court that the arraignment is a proceeding. So the very first meeting there, they always [36:26.580 --> 36:33.620] want how one pleas in the traffic court matters for the simple reason that there's no appointment [36:33.620 --> 36:39.340] of counsel. Just about any other kind of case, the first thing would not necessarily be relevant [36:39.340 --> 36:46.100] to the prosecution because it would be the intent to determine whether the party needed [36:46.100 --> 36:51.100] counsel or not. So it's not an arraignment. It's not really a proceeding on anything. [36:51.100 --> 36:56.060] It's an administrative thing to determine that appointment of counsel should be made [36:56.060 --> 37:01.540] or not. Okay. That doesn't have any traffic code matters, transportation code matters. [37:01.540 --> 37:08.820] So what we have is the reality that we're supposed to get notice. Notice of what? Notice [37:08.820 --> 37:15.420] of the charging instrument. It is not noticed to be handed a copy of the ticket at the time. [37:15.420 --> 37:19.420] The ticket is not a sworn document. The ticket doesn't constitute any of the elements of [37:19.420 --> 37:27.020] what a complaint is. Elements of a complaint are set out in statute. It's a verified document [37:27.020 --> 37:32.420] and a ticket's not that. A ticket is not a complaint. A ticket is basically a substitute [37:32.420 --> 37:37.700] for an arrest. A ticket is basically a summons to show up to court. It's not really even [37:37.700 --> 37:45.020] a summons. If we sign it or otherwise acknowledge it, then we're saying, okay, I'll be there. [37:45.020 --> 37:49.900] You don't have to arrest me. I get it. You want my money. I ain't going to pay you anything. [37:49.900 --> 37:54.480] I'm going to tell you why. This is the time to meet with the judge. I'll be there with [37:54.480 --> 38:01.420] the bells on. And a thing to do before that deadline is get the paperwork together and [38:01.420 --> 38:07.940] filed. So anyway, your concept about notice, that's my experience too. They never get it [38:07.940 --> 38:14.060] right. To get notice, we have to get a copy, whether hand delivered or mailed, of the charging [38:14.060 --> 38:19.620] instrument. What is that? It's called a complaint. We have to get a copy of the complaint at [38:19.620 --> 38:26.220] least a day before what? Any proceeding relevant to the prosecution. What is that? It's an [38:26.220 --> 38:33.220] arraignment. It's a motions hearing. It's anything on the case. So when they don't do [38:33.220 --> 38:40.420] that, it's very helpful not just to tell the court, no notice. And therefore you have, [38:40.420 --> 38:45.420] what's a notice related to? Personal jurisdiction. A court without personal jurisdiction has [38:45.420 --> 38:51.220] no jurisdiction. Okay? No notice, no personal jurisdiction, no personal jurisdiction, no [38:51.220 --> 38:56.580] authority to do anything except dismiss the case. What do you mean by personal jurisdiction, [38:56.580 --> 39:02.040] Harmet? There's three kinds of jurisdiction relevant to whether a court has authority [39:02.040 --> 39:08.060] to enter a valid judgment. Subject matter jurisdiction, personal jurisdiction, and proper [39:08.060 --> 39:12.980] venue. Subject matter jurisdiction for this would be, is it a municipal court's limited [39:12.980 --> 39:17.260] to criminal matters of a certain kind? So is this a criminal matter of a certain kind? [39:17.260 --> 39:20.580] Okay. So they probably have subject matter jurisdiction. They don't, and we'll come back [39:20.580 --> 39:26.400] to that in a minute. Personal jurisdiction has to do with notice. Has this party been [39:26.400 --> 39:33.860] giving meaningful notice in a meaningful way, and without that, then the court can't take [39:33.860 --> 39:39.060] authority over that party? Personal jurisdiction. [39:39.060 --> 39:45.380] How does that differ from in-personum jurisdiction? In-personum is different from in-ram. In-personum [39:45.380 --> 39:51.420] has to do with the person. In-ram has to do with the property. In-personum jurisdiction [39:51.420 --> 39:56.740] doesn't happen without notice. In-ram jurisdiction doesn't happen without notice either, eventually. [39:56.740 --> 40:00.700] I mean, they can take stuff, but they have to give you notice and let you fight about [40:00.700 --> 40:04.340] it. So you still have to get notice. But yeah, in-personum jurisdiction is what we're talking [40:04.340 --> 40:06.460] about. That's basically the same thing as personal [40:06.460 --> 40:13.100] jurisdiction. Correct. Correct. Given terms, same concept, [40:13.100 --> 40:22.980] and the system can't afford to give notice. They can't afford to give notice. They're [40:22.980 --> 40:29.380] running a profit center, and the minute they start following due process, they start losing [40:29.380 --> 40:36.380] money. They might still show profit, but it's much more expensive to do it lawfully than [40:36.380 --> 40:39.980] to do it the way they do it. Yeah, Harmon, we had a caller who's fighting [40:39.980 --> 40:46.460] an issue in a municipal court, went to file documents in his case, and he said that the [40:46.460 --> 40:52.800] clerk told him, I don't have time to file documents and cases because I'm too busy taking [40:52.800 --> 40:57.260] people's money. And I think he even got that on tape too. [40:57.260 --> 41:00.220] That's excellent. Is that incredible or what? [41:00.220 --> 41:05.220] Pretty incredible. Denial of access sounds like to me. But yes, in the issue of notice, [41:05.220 --> 41:12.580] it's an excellent argument. We can get through the statutory presentation. But in all of [41:12.580 --> 41:17.340] the traffic matters, in the municipal courts, whether it's a court of record, so-called [41:17.340 --> 41:21.620] court of record, or court not of record, there's always a record. They can enforce an order [41:21.620 --> 41:25.300] that's not written, so there's always a record. The question is, is there a verbatim transcript? [41:25.300 --> 41:30.360] Okay, they don't have verbatim transcripts of the hearings of the trial. All courts are [41:30.360 --> 41:36.100] courts of record. And what we have to know to do is document our objections at the first [41:36.100 --> 41:40.660] level. Why? Because there are certain things that we don't document at the municipal court [41:40.660 --> 41:47.700] level. We waive them when it comes to trial de novo. That's the first level of appeal. [41:47.700 --> 41:53.540] So whatever objections we have, always put it in writing. It can be through some kind [41:53.540 --> 42:02.180] of motion, like a motion to dismiss. It can be through a notice of whatever type. For [42:02.180 --> 42:10.620] example, I'm not ever going to enter a plea on these things. Why? No notice. Okay, so [42:10.620 --> 42:17.480] a document along the lines of notice of declination to plea. You can call it what you want. Nothing [42:17.480 --> 42:22.100] fancy about the title. But you document the fact that you're not going to enter a plea. [42:22.100 --> 42:26.700] The judge will enter one for you and set it for jury trial. Okay. But that's the judge's [42:26.700 --> 42:32.900] entry of the plea, not yours. Sometimes even the clerk will do it. Enter the plea? Yes. [42:32.900 --> 42:39.260] Okay. That's even worse. Yeah, you have some procedural problems there. And so to jump [42:39.260 --> 42:44.140] through all the hoops there, the concept you have is great. And it's music to my ears that [42:44.140 --> 42:49.300] you're going to sue somebody. Let's talk about that real quick. A judge without jurisdiction [42:49.300 --> 42:56.180] has no immunity. I'm going to say this again. A judge without jurisdiction has no immunity. [42:56.180 --> 43:02.060] We may have to get good and harassed in the court that has no jurisdiction because we [43:02.060 --> 43:10.780] never got notice. But that issue is so easily waived that we do ourselves a disservice if [43:10.780 --> 43:16.460] we don't document it. We've got to document it. Why? Because when there is no notice and [43:16.460 --> 43:21.100] we have that position prevail through the system, we may have to take it to the Supreme [43:21.100 --> 43:26.340] Court in Austin. We may have to take it to the Court of Criminal Appeals in Austin. But [43:26.340 --> 43:32.820] if we preserve the point and there's no notice, they'll recognize it. And the court without [43:32.820 --> 43:39.820] jurisdiction has no immunity. And the only way to make that thing stop is by making them [43:39.820 --> 43:44.500] pay money, lots of it. Because until they feel it, they're just going to continue to [43:44.500 --> 43:51.020] hose people. That's my experience. I completely agree. Well, folks, you've heard it reiterated [43:51.020 --> 43:55.540] again from an actual attorney. Y'all hang on. 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That's [45:43.860 --> 45:50.940] 908-691-2608 and see if you'll change your mind about drinking coffee again. Taste the [45:50.940 --> 45:57.940] difference, feel the difference at HempUSA.org today. [46:20.940 --> 46:27.940] What I'm wishing for, when I'm hungry, I like to know just what I'm fishing for. I [46:27.940 --> 46:36.940] ain't asking for much, I ain't trying to be no glutton. I'm just here making my living [46:36.940 --> 46:47.940] pushing buttons. I give my message out to anyone who's shouting distance. Vote for bravery [46:47.940 --> 46:54.940] and against slavery, show your resistance. First I'm crawling, then I'm walking, then [46:54.940 --> 47:03.940] I start strutting. I'm just so glad to make my living pushing buttons. [47:03.940 --> 47:21.940] We sat down to play Monopoly. We all wanted to win the game. We gave some guy his money [47:21.940 --> 47:28.940] supply. Nothing I've been thinking in my brain. After some time, the worth of my time got [47:28.940 --> 47:33.940] down to them. They're nothing. I might have been too long, right? Still, I make my living [47:33.940 --> 47:47.940] pushing buttons. Yeah. Whoa. Whoa. [47:47.940 --> 47:51.940] All right, folks. We are back. We're having so much fun on these background conversations [47:51.940 --> 47:56.940] on the breaks. Okay. Now, one of the things that we talked about a moment ago regarding [47:56.940 --> 48:01.940] the new process, Harmon made something about they don't actually do the requirements for [48:01.940 --> 48:06.940] the assistance of counsel and so on and so forth in the class C misdemeanors. I brought [48:06.940 --> 48:13.940] up the issue with him on the break that Article 15.17G of the Code of Criminal Procedure says [48:13.940 --> 48:21.940] specifically that they are required to do everything that is commanded by 1517 in the [48:21.940 --> 48:27.940] case of someone that voluntarily appears in court to deal with a traffic citation. It [48:27.940 --> 48:33.940] commands them specifically to do that, and yet they're still refusing to do that despite [48:33.940 --> 48:38.940] the command of law for them to do it. So I was going to ask you, Harmon, what exactly [48:38.940 --> 48:46.940] would you suggest be done in that regard? The fundamental thing about any traffic deal [48:46.940 --> 48:55.940] is to document the position in the municipal court. My experience is they're really not [48:55.940 --> 49:03.940] a lot of energy invested in training those particular officeholders to do anything except [49:03.940 --> 49:11.940] find out when and how much the defendant intends to pay. They're really not there to give [49:11.940 --> 49:19.940] us a full judicial review of the law. Now, I would agree with that. I have had the pleasure [49:19.940 --> 49:26.940] and the privilege of being in a municipal court, no need to go into the county, but [49:26.940 --> 49:34.940] it's in central Texas where the municipal judge got out the rule book when a point was [49:34.940 --> 49:41.940] made, and it was a point that obviously registered with this judge, and she got out the rule [49:41.940 --> 49:47.940] book, and she looked at it, and she heard the arguments, and she agreed with the defendant. [49:47.940 --> 49:55.940] I'm sure it was a position that hadn't been raised that much. In other words, it was not [49:55.940 --> 49:59.940] unfamiliar to the jurist. It just hadn't been that commonly raised. She went to the rule [49:59.940 --> 50:05.940] book to find out about it. That's what real judges do. That's what I'm saying. Real judges [50:05.940 --> 50:10.940] do that. Real judges want to know the law. They want to make the right decision, and [50:10.940 --> 50:15.940] they want to be supported on appeal for making the right decision. Well, this judge has been [50:15.940 --> 50:20.940] over backwards to make the right decision in the municipal court, and guess what? Case [50:20.940 --> 50:28.940] dismissed. So where there is an effort, and I'm just saying not all judges bulldoze the [50:28.940 --> 50:33.940] defendant. There really are judges in the municipal courts. There really are. My experience [50:33.940 --> 50:39.940] is that number is small, and so the thing about getting them to follow the law is this. [50:39.940 --> 50:46.940] It isn't going to happen. What we have to do is document the case as well as we know [50:46.940 --> 50:52.940] how, go through the whole motion there, make them take us to trial, make them enter a ruling [50:52.940 --> 51:02.940] against us so that we can post the bond, not necessarily the cash, the promise to pay money [51:02.940 --> 51:11.940] in the event that we get hosed later on. If we're wrong, we'll pay it. Okay. And then [51:11.940 --> 51:15.940] take it up on trial de novo. And of course, on that, make sure it's timely. I think it's [51:15.940 --> 51:21.940] 10 days. And check to make sure whether 10 days is 10 business days or 10 calendar days. [51:21.940 --> 51:29.940] Check that. But where we run into the problem that you're talking about, that we got rules [51:29.940 --> 51:36.940] that are just clear as day. They're so clear we can see them from the moon. Rules clear [51:36.940 --> 51:42.940] as day that they're just bulldozing us on. We're not going to change that right now. [51:42.940 --> 51:48.940] We're going to document our position in writing. We're going to go through the harassment. [51:48.940 --> 51:53.940] We're going to get clobbered. And we're going to do what we need to do to get trial de novo. [51:53.940 --> 51:59.940] Now, let's go back to music to my ears of a thought mentioned earlier, suing the judges. [51:59.940 --> 52:04.940] The only thing that in mics where the judge doesn't go for the rule book to discuss it [52:04.940 --> 52:08.940] with you and to understand it to make the right ruling, when they say, all I'm going [52:08.940 --> 52:14.940] to do is cram peanut butter in my ears necessary so I do not have to listen to your correct [52:14.940 --> 52:20.940] assertions of the law, the facts in this case, then the thing that we've got to do over and [52:20.940 --> 52:26.940] over and over for as long as it takes is suing the judge and suing the municipality. Okay? [52:26.940 --> 52:31.940] We've got a case when they don't have jurisdiction. There's a lot of breadth in judicial immunity. [52:31.940 --> 52:36.940] A lot of breadth. But when they don't have jurisdiction, they ain't got no immunity. [52:36.940 --> 52:41.940] It's just that simple. Okay? So we have to know they don't have jurisdiction. We have [52:41.940 --> 52:46.940] to preserve that point. When we've done that, we turn right around and sue them. They've [52:46.940 --> 52:52.940] got to. And that's an arduous task. The system doesn't like those suits. So that's going [52:52.940 --> 52:57.940] to go all the way through the system and they'll find every detail they can to try to kick [52:57.940 --> 53:03.940] it out. But we go through the process, we learn through the process, and eventually [53:03.940 --> 53:07.940] it's going to stick. Eventually it's going to stick and that judge is going to get hurt [53:07.940 --> 53:13.940] commercially. They're going to get hurt. They're going to get tagged with a bill. And it's [53:13.940 --> 53:18.940] not going to take very much of that for the word to get out that being an ass from the [53:18.940 --> 53:26.940] bench against an informed defendant is a really expensive, bad idea. We're going to have [53:26.940 --> 53:30.940] to engage the debate. There's no shortcut through it. This is pathblazing. They don't [53:30.940 --> 53:36.940] want to recognize their own obvious rules. Okay. We can be wrong and we've got to [53:36.940 --> 53:45.940] distinguish between the informed game playing judge and the one that you just described. [53:45.940 --> 53:51.940] Okay. Those are the ones I enjoy suing because they don't care about the law until they're [53:51.940 --> 53:56.940] paying the bill. Now all of a sudden it matters. Okay. That's an attitude adjustment that they [53:56.940 --> 54:01.940] need. Maybe they'll be on the bench after the experience and maybe they won't be. Okay. [54:01.940 --> 54:06.940] We might want them on the bench after the experience so we don't have to teach them [54:06.940 --> 54:11.940] again. A lot of investment goes into teaching these people. Okay. If they get it, fine. [54:11.940 --> 54:17.940] If they make a mistake, we take it up on appeal. When they're jerks about it, then my interest [54:17.940 --> 54:23.940] is to sue them. My interest is to sue them in the federal court. The whole thing is a [54:23.940 --> 54:29.940] crime. To be issued a ticket, for example, for exercising your right to travel, to be [54:29.940 --> 54:35.940] issued a ticket, to be charged criminally for exercising your right to write a clear [54:35.940 --> 54:44.940] violation, Title 18, Section 241, 242. Title 42, Section 1983 allows the claim on the commercial [54:44.940 --> 54:50.940] claim on a criminal violation. And so the judge is up there without any jurisdiction [54:50.940 --> 54:56.940] conspiring to commit the crime. I mean in my mind it's a real easy suit. Real easy. [54:56.940 --> 55:01.940] And we just, you know, just throw everything at them. And eventually their system is more [55:01.940 --> 55:08.940] expensive when they hose over the wrong party than it is just to let us go. And eventually [55:08.940 --> 55:12.940] instead of just letting us go, they don't issue the ticket in the first place. Oh, that [55:12.940 --> 55:16.940] guy knows the difference between travel and transportation. He's telling you that at the [55:16.940 --> 55:21.940] time of the stop. So shake his hand, say it's really good to see you again. Have a nice [55:21.940 --> 55:26.940] day and go on and do something else. So anyway. That would be the smart thing to do. And [55:26.940 --> 55:31.940] that's what I try to teach people to make them do. Good, good. That's what you have to [55:31.940 --> 55:36.940] do. Yeah. Yeah, your concept is very well made. What do you do when you know you're [55:36.940 --> 55:41.940] right and you know you're getting hosed? Answer. Document it and plan on taking it up on [55:41.940 --> 55:47.940] appeal. See, the municipal courts are kind of immune from that stuff. You can't really [55:47.940 --> 55:53.940] get to them anyway other than suing them, which means they can do anything that they [55:53.940 --> 56:00.940] want except commit crimes. Okay. It's a crime. It's actionable for them to order somebody [56:00.940 --> 56:05.940] to pay money when they never had jurisdiction over the case. That's criminal conduct. They [56:05.940 --> 56:10.940] are personally liable for that. So even though we can't really get a direct review of the [56:10.940 --> 56:16.940] municipal court, we can review their conduct by suing them. Yeah. They've even gone as [56:16.940 --> 56:20.940] far as, and I'm sure you're familiar with the necessity of what's considered a valid [56:20.940 --> 56:25.940] charging instrument in Texas. Sure. The Constitution says there's only two. The what? Which is [56:25.940 --> 56:30.940] the indictment or the information. The what? Charging instrument. Texas Constitution. [56:30.940 --> 56:37.940] The what? I said Texas now. The charging instruments define a transportation code. Or [56:37.940 --> 56:47.940] in the Title 45. Actually it just says a complaint commences. All proceedings in a municipal [56:47.940 --> 56:53.940] court commence by complaint. It does not say by complaint alone. But then again, every [56:53.940 --> 57:00.940] case commences by complaint. Alone, yes. Nobody goes to trial on a criminal case without an [57:00.940 --> 57:04.940] indictment or information. Yeah, they do in this case, and it's all married time. We can [57:04.940 --> 57:09.940] talk about that. The thing I was giving you a bad time about was reference to the Constitution. [57:09.940 --> 57:14.940] It's a nice filler. It's not going to get you anywhere. All the standards that we need [57:14.940 --> 57:20.940] are in the statutes. You know what? That could be why Tom DeLay got totally hosed because [57:20.940 --> 57:27.940] there was no valid charging instrument in his case. He may have consented. The complaints [57:27.940 --> 57:33.940] are valid. He did. I put a writ of habeas corpus in Tom DeLay's case. I remember that. [57:33.940 --> 57:42.940] Showing that. Back at trial, I put it in again, and the judge threw me out of the courtroom. [57:42.940 --> 57:47.940] Yeah, but if it was based on Constitution from what Harmon is saying, that's the reason [57:47.940 --> 57:56.940] it got ignored. No, the habeas corpus was based purely on statute. No complaint was [57:56.940 --> 58:06.940] presented to the grand jury, therefore, under 20.09. Oh, you've got to be indicted in Texas [58:06.940 --> 58:11.940] for that. Yeah, but the grand jury has to have a jurisdiction. You don't have to be [58:11.940 --> 58:16.940] indicted in California for that. You do have to be indicted in Texas for that. Yeah, but [58:16.940 --> 58:20.940] there still has to be a complaint to go before the grand jury before there's an indictment [58:20.940 --> 58:26.940] to be made. The jury shall examine if there are criminal accusations that come before [58:26.940 --> 58:29.940] their trial. That's right. But he didn't file a motion of dismiss to preserve the point, [58:29.940 --> 58:37.940] you're saying? He had a stupid lawyer. Okay, well, he waived it then. Yeah, all of these [58:37.940 --> 58:42.940] things matter. It's an excellent example of why it matters that you document your objection [58:42.940 --> 58:47.940] and you object to everything reasonable. I mean, we can do, you know, print or run amok [58:47.940 --> 58:50.940] objections. We want to do something relevant to the case. All right, well, listen, guys, [58:50.940 --> 58:53.940] we're about to go to break. Do y'all want to start taking some phone calls? Okay, we [58:53.940 --> 58:59.940] got one more hour left. Guys and gals, if y'all want to call in, 512- [58:59.940 --> 59:04.940] The Bible remains the most popular book in the world, yet countless readers are frustrated [59:04.940 --> 59:09.940] because they struggle to understand it. Some new translations try to help by simplifying [59:09.940 --> 59:16.940] the text, but in the process can compromise the profound meaning of the Scripture. Enter [59:16.940 --> 59:22.940] the recovery version. First, this new translation is extremely faithful and accurate, but the [59:22.940 --> 59:28.940] real story is the more than 9,000 explanatory footnotes. 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The violence broke out following a rally organized to express solidarity with [01:00:19.940 --> 01:00:25.940] protesters in Egypt and Tunisia and to protest corruption and the poor state of public services [01:00:25.940 --> 01:00:29.940] in the autonomous Kurdish region. [01:00:29.940 --> 01:00:35.940] 101 physicians, nurses and physical therapists were charged Thursday with Medicare fraud [01:00:35.940 --> 01:00:41.940] for falsely billing the program more than $225 million. The healthcare providers were [01:00:41.940 --> 01:00:46.940] accused of submitting Medicare claims for treatments that were medically unnecessary [01:00:46.940 --> 01:00:49.940] or not even provided. [01:00:49.940 --> 01:00:54.940] In Ohio, thousands of public workers descended on the State House Thursday protesting a bill [01:00:54.940 --> 01:00:59.940] that would restrict collective bargaining rights. The Ohio protests mirror those taking [01:00:59.940 --> 01:01:04.940] place in Wisconsin where a similar measure has been proposed. [01:01:04.940 --> 01:01:09.940] In Yemen, police shot and killed three people Thursday as tens of thousands took to the [01:01:09.940 --> 01:01:15.940] streets of Aden, calling for an end to President Ali Abdullah Saleh's 32 years of rule. [01:01:15.940 --> 01:01:21.940] Three more demonstrators were killed in Taiz Friday, including one from a hand grenade. [01:01:21.940 --> 01:01:26.940] In the capital Sanaa, pro-government forces Thursday attacked student activists with daggers. [01:01:26.940 --> 01:01:31.940] On Friday, riot police failed to stop thousands marching towards the presidential palace [01:01:31.940 --> 01:01:36.940] chanting anti-government slogans. Demonstrators' grievances included poverty and government [01:01:36.940 --> 01:01:42.940] corruption. Saleh, who has accused protesters of being anarchists, has promised not to seek [01:01:42.940 --> 01:01:48.940] re-election in 2013 or to position his son as a successor. But demonstrators, mindful [01:01:48.940 --> 01:01:53.940] of Saleh's history of broken promises, have vowed to keep packing the streets until he [01:01:53.940 --> 01:01:55.940] steps down. [01:01:55.940 --> 01:02:01.940] In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on [01:02:01.940 --> 01:02:07.940] demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime [01:02:07.940 --> 01:02:12.940] of Gaddafi who has been in power since 1969 with its own pro-government rallies in the [01:02:12.940 --> 01:02:18.940] capital Tripoli and other cities. Human rights solidarity said rooftop snipers in Al-Bida [01:02:18.940 --> 01:02:24.940] killed 13 protesters. Despite the crackdown, resistance continues to build as the opposition [01:02:24.940 --> 01:02:30.940] mobilizes via Facebook and cell phone messages, emulating protest movements that have already [01:02:30.940 --> 01:02:36.940] brought down the regimes in Egypt and Tunisia. Lawyers demonstrated in Benghazi demanding [01:02:36.940 --> 01:02:42.940] a constitution. Demonstrators in Zentan set fire to the police station, the city's court, [01:02:42.940 --> 01:02:47.940] the posts of the internal security forces and the People's Guard, and offices of the [01:02:47.940 --> 01:03:02.940] revolutionary committees, which form the backbone of the Gaddafi autocracy. [01:03:02.940 --> 01:03:17.940] In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on [01:03:17.940 --> 01:03:25.940] demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime [01:03:25.940 --> 01:03:32.940] of Gaddafi who has been in power since 1969 with its own pro-government rallies in the [01:03:32.940 --> 01:03:41.940] capital Tripoli and other cities. [01:03:41.940 --> 01:03:50.940] In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on [01:03:50.940 --> 01:03:56.940] demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime [01:03:56.940 --> 01:04:03.940] of Gaddafi who has been in power since 1969 with its own pro-government rallies in the [01:04:03.940 --> 01:04:10.940] capital Tripoli and other cities. [01:04:10.940 --> 01:04:23.940] In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on [01:04:23.940 --> 01:04:28.940] demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime [01:04:28.940 --> 01:04:37.940] of Gaddafi who has been in power since 1969 with its own pro-government rallies in the [01:04:37.940 --> 01:04:43.940] capital Tripoli and other cities. [01:05:07.940 --> 01:05:18.940] In Libya, 24 people were killed and scores injured Thursday in a violent crackdown on [01:05:18.940 --> 01:05:27.940] demonstrations during Libya's Day of Anger against strongman Moammar Gaddafi, the regime [01:05:27.940 --> 01:05:34.940] of Gaddafi who has been in power since 1969 with its own pro-government rallies in the [01:05:34.940 --> 01:05:41.940] capital Tripoli and other cities. [01:06:04.940 --> 01:06:13.940] Okay, folks, we are back. [01:06:13.940 --> 01:06:22.940] We've got our final hour here, Friday, February 18th, our four-hour info marathon. [01:06:22.940 --> 01:06:25.940] Very special guest and good friend of ours, Mr. Harmon Taylor. [01:06:25.940 --> 01:06:28.940] We've been talking about some very interesting topics. [01:06:28.940 --> 01:06:31.940] Hour one, we covered the Terre Haute litigation. [01:06:31.940 --> 01:06:34.940] Hour two, we talked about the birther issue. [01:06:34.940 --> 01:06:38.940] Hour three, we got into the transportation code, and we're going to be taking your calls, [01:06:38.940 --> 01:06:42.940] so please call in now, 512-646-1984. [01:06:42.940 --> 01:06:46.940] And before we go to the call board, Randy, you wanted to finish up some stuff about this [01:06:46.940 --> 01:06:51.940] writ of habeas corpus and concerning the Tom DeLay issue. [01:06:51.940 --> 01:07:01.940] Yes, there's a problem in that the prosecutors have essentially taken absolute control of [01:07:01.940 --> 01:07:04.940] who gets prosecuted and who doesn't. [01:07:04.940 --> 01:07:11.940] And one of the ways they've done that is by having the complaints sent to them, and if [01:07:11.940 --> 01:07:14.940] they decide to prosecute, they do. [01:07:14.940 --> 01:07:24.940] But they also have taken the liberty of petitioning the grand jury for an indictment when nobody's [01:07:24.940 --> 01:07:27.940] filed a complaint. [01:07:27.940 --> 01:07:32.940] And this is what happened in the Tom DeLay case, and I filed a writ of habeas corpus not [01:07:32.940 --> 01:07:39.940] because I cared about Tom DeLay, but I wanted the prosecuting attorney to be forced to follow [01:07:39.940 --> 01:07:40.940] law. [01:07:40.940 --> 01:07:47.940] Now, Randy, isn't it true in the criminal procedure code of Texas that anybody can file [01:07:47.940 --> 01:07:49.940] a complaint except for the prosecutor? [01:07:49.940 --> 01:07:52.940] He's like the only one that's prohibited. [01:07:52.940 --> 01:07:58.940] Yes, it's not in the code, it's in a Kennedy State. [01:07:58.940 --> 01:08:04.940] It says, for the purpose of avoiding the obvious evils of the accumulation of power in any [01:08:04.940 --> 01:08:10.940] one office, for the purpose of filing a criminal accusation, a prosecuting attorney is not [01:08:10.940 --> 01:08:11.940] a credible person. [01:08:11.940 --> 01:08:13.940] And that makes sense. [01:08:13.940 --> 01:08:19.940] But that only goes to a prosecuting attorney filing a criminal complaint in a matter in [01:08:19.940 --> 01:08:21.940] which he would be the prosecutor. [01:08:21.940 --> 01:08:26.940] It keeps the government from being the accuser and the prosecutor. [01:08:26.940 --> 01:08:30.940] Well, so in other words, in the Tom DeLay issue, Ron Earl could not have initiated the [01:08:30.940 --> 01:08:32.940] criminal complaint. [01:08:32.940 --> 01:08:35.940] Exactly, and that's precisely what he did. [01:08:35.940 --> 01:08:39.940] He went to the grand jury and asked for an indictment. [01:08:39.940 --> 01:08:40.940] That's totally illegal. [01:08:40.940 --> 01:08:43.940] That's on violation of all the process. [01:08:43.940 --> 01:08:44.940] Exactly. [01:08:44.940 --> 01:08:46.940] It's exactly backwards to the code. [01:08:46.940 --> 01:08:51.940] The code says grand jury shall examine into all criminal accusations that come to their [01:08:51.940 --> 01:08:57.940] knowledge by any credible, come to their knowledge by way of the prosecuting attorney [01:08:57.940 --> 01:08:59.940] or any credible person. [01:08:59.940 --> 01:09:08.940] And that's what Kennedy v. State went to is the prosecuting attorney can bring the complaint [01:09:08.940 --> 01:09:12.940] to the knowledge of the grand jury. [01:09:12.940 --> 01:09:13.940] But they can't write the complaint. [01:09:13.940 --> 01:09:15.940] But the prosecutor can't be the one filing it. [01:09:15.940 --> 01:09:17.940] He has to bring somebody else's. [01:09:17.940 --> 01:09:18.940] Now, speaking of... [01:09:18.940 --> 01:09:23.940] And then the grand jury shall vote whether to true bill or no bill. [01:09:23.940 --> 01:09:31.940] And if they vote to true bill, the foreman shall gather up all the evidence had in the [01:09:31.940 --> 01:09:40.940] hearing and present it to the prosecuting attorney and request that he prepare an indictment. [01:09:40.940 --> 01:09:45.940] He prepared the indictment first and asked the grand jury to approve it with no criminal [01:09:45.940 --> 01:09:47.940] accusation. [01:09:47.940 --> 01:09:48.940] And went through the whole code. [01:09:48.940 --> 01:09:50.940] There's a whole lot more to it. [01:09:50.940 --> 01:09:57.940] There's nonsense about a person not having a right to an indict... [01:09:57.940 --> 01:09:58.940] Examining trial. [01:09:58.940 --> 01:10:06.940] Examining trial after indictment is just absolute nonsense because after indictment, if the [01:10:06.940 --> 01:10:13.940] person has not been arrested, the clerk is forbidden to enter the fact of the indictment [01:10:13.940 --> 01:10:18.940] into the record until the person's been arrested. [01:10:18.940 --> 01:10:24.940] And that's because when they get arrested, they're to be brought before a magistrate [01:10:24.940 --> 01:10:27.940] and given an examining trial. [01:10:27.940 --> 01:10:29.940] Exactly. [01:10:29.940 --> 01:10:34.940] Anyway, that was the reason for the Tom Delay case. [01:10:34.940 --> 01:10:38.940] I went all through chapter 21. [01:10:38.940 --> 01:10:43.940] Chapter 21 is the Code of Criminal Procedure chapter that deals with indictment. [01:10:43.940 --> 01:10:46.940] And it's extremely well structured. [01:10:46.940 --> 01:10:51.940] Harman, have you read Randy's writ of habeas corpus, petition for writ of habeas corpus? [01:10:51.940 --> 01:10:53.940] In the Delay case? [01:10:53.940 --> 01:10:54.940] Yeah. [01:10:54.940 --> 01:10:56.940] I don't remember if I've seen that one or not. [01:10:56.940 --> 01:10:57.940] You need to read it. [01:10:57.940 --> 01:11:03.940] It's a 50 page document and I helped them structure it and clean it up. [01:11:03.940 --> 01:11:07.940] And it's actually in a format now that could be used in just about anybody's case because [01:11:07.940 --> 01:11:08.940] they do the same thing. [01:11:08.940 --> 01:11:11.940] It's all based on statute and code. [01:11:11.940 --> 01:11:13.940] I've read several Randy's things. [01:11:13.940 --> 01:11:14.940] I don't remember one that long. [01:11:14.940 --> 01:11:15.940] That's probably the best one. [01:11:15.940 --> 01:11:19.940] Well, before we go to the call board, speaking of due process, I wanted to go back to Harman [01:11:19.940 --> 01:11:20.940] for just a minute. [01:11:20.940 --> 01:11:25.940] Something you said in the first hour when we were discussing what the limitations on [01:11:25.940 --> 01:11:30.940] government really are, if it's not the Constitution, you said one limitation has to do with the [01:11:30.940 --> 01:11:35.940] commercial realm and the other limitation has to do on due process. [01:11:35.940 --> 01:11:41.940] So where does that come from if the due process limitations aren't coming from the Constitution? [01:11:41.940 --> 01:11:44.940] Is it just coming from common law or Magna Carta or what? [01:11:44.940 --> 01:11:45.940] Where does that come from? [01:11:45.940 --> 01:11:48.940] The Supreme Court. [01:11:48.940 --> 01:11:49.940] Okay. [01:11:49.940 --> 01:12:00.940] The language that the Supremes adopt and write into their studies can come from anywhere. [01:12:00.940 --> 01:12:02.940] They'll use the language of the Constitution. [01:12:02.940 --> 01:12:06.940] They'll use the labels of the Constitution. [01:12:06.940 --> 01:12:09.940] But try real hard not to be confused by that. [01:12:09.940 --> 01:12:15.940] Those concepts exist because the Supreme Court say they exist, not because they exist somewhere [01:12:15.940 --> 01:12:16.940] else. [01:12:16.940 --> 01:12:18.940] So it really all does boil down to the case law. [01:12:18.940 --> 01:12:19.940] Yeah. [01:12:19.940 --> 01:12:21.940] For a lot of issues, it does. [01:12:21.940 --> 01:12:23.940] For a lot of issues, it does. [01:12:23.940 --> 01:12:25.940] Statutes and case law. [01:12:25.940 --> 01:12:27.940] Statutes and case law. [01:12:27.940 --> 01:12:31.940] Law stands from the statutes and then the judge will pull their hair out trying to figure [01:12:31.940 --> 01:12:37.940] out what the legislature wrote and they do a brilliant job with it. [01:12:37.940 --> 01:12:45.940] But the concepts that are attributed to these Constitutional labels don't have authority [01:12:45.940 --> 01:12:49.940] because they exist in the document called the Constitution. [01:12:49.940 --> 01:12:53.940] They have authority because the court says they have authority. [01:12:53.940 --> 01:13:00.940] And that makes a lot of sense to me because I've done some research on the debate or the [01:13:00.940 --> 01:13:06.940] issue concerning the fact that there is nothing in the Constitution that specifically authorizes [01:13:06.940 --> 01:13:13.940] the Supreme Court to interpret Congressional law as being Constitutional or not. [01:13:13.940 --> 01:13:18.940] That comes from case law where the Supreme Court made some rulings way early on back [01:13:18.940 --> 01:13:25.940] like in the early 1800s, 1700s basically saying that they do. [01:13:25.940 --> 01:13:28.940] Marbury v. Madison is an excellent example. [01:13:28.940 --> 01:13:29.940] Right. [01:13:29.940 --> 01:13:36.940] It's during Judiciary Act 1789 versus the limitations of the Constitution and they're [01:13:36.940 --> 01:13:44.940] saying we don't have the authority to do the original mandamus, original proceedings here. [01:13:44.940 --> 01:13:46.940] We're in an appellate court. [01:13:46.940 --> 01:13:48.940] So you may have a good complaint. [01:13:48.940 --> 01:13:50.940] That's the first part of the case. [01:13:50.940 --> 01:13:52.940] We see your complaint and we agree with you. [01:13:52.940 --> 01:13:54.940] There's a problem there. [01:13:54.940 --> 01:13:57.940] You need to have those documents delivered. [01:13:57.940 --> 01:14:03.940] But we're the wrong court and we can't help you today because our limitations are from [01:14:03.940 --> 01:14:05.940] here and here and here. [01:14:05.940 --> 01:14:10.940] And even Frederick Graves, he goes even a step beyond that. [01:14:10.940 --> 01:14:12.940] He says that even the statutes don't matter that much. [01:14:12.940 --> 01:14:16.940] All that really matters is appellate court and Supreme Court rulings and that we really [01:14:16.940 --> 01:14:19.940] are in a system of common law. [01:14:19.940 --> 01:14:22.940] He's an optimist. [01:14:22.940 --> 01:14:26.940] Well, I'm glad that the statutes do matter. [01:14:26.940 --> 01:14:28.940] It looks like the statutes matter to me. [01:14:28.940 --> 01:14:32.940] The statutes are the basis for the commercial nexus on which the entire system rides. [01:14:32.940 --> 01:14:35.940] That's the content of the let's make a deal. [01:14:35.940 --> 01:14:36.940] Right. [01:14:36.940 --> 01:14:41.940] That's what statutes are, the proposed agreements at the wedding out there for us to consent [01:14:41.940 --> 01:14:43.940] to fundamentally. [01:14:43.940 --> 01:14:45.940] And if you consent to them, then they apply. [01:14:45.940 --> 01:14:48.940] Right. [01:14:48.940 --> 01:14:49.940] Pretty simple. [01:14:49.940 --> 01:14:50.940] Makes sense to me. [01:14:50.940 --> 01:14:55.940] Now on due process, we've got a notice and opportunity to be heard due process, which [01:14:55.940 --> 01:14:56.940] is huge. [01:14:56.940 --> 01:14:59.940] We've also got a structural due process. [01:14:59.940 --> 01:15:00.940] What's that? [01:15:00.940 --> 01:15:02.940] Separation of powers. [01:15:02.940 --> 01:15:06.940] Structural due process is critical, and it comes into some interesting things. [01:15:06.940 --> 01:15:11.940] But again, it's from the Supremes, but they're saying, by God, we're not going backwards [01:15:11.940 --> 01:15:12.940] to this other. [01:15:12.940 --> 01:15:18.940] There will be a legislature separate from an executive, separate from a judge. [01:15:18.940 --> 01:15:22.940] There will be all three of these represented, and we're not going to merge these two. [01:15:22.940 --> 01:15:26.940] Structural due process is a limit on this commercial system. [01:15:26.940 --> 01:15:28.940] And the Supreme Court has said that. [01:15:28.940 --> 01:15:29.940] Over and over. [01:15:29.940 --> 01:15:30.940] Absolutely. [01:15:30.940 --> 01:15:31.940] And they're not budging. [01:15:31.940 --> 01:15:33.940] They're not going anywhere. [01:15:33.940 --> 01:15:38.940] So when it appears to look like various things are merging, like Article 1 and Article 2, [01:15:38.940 --> 01:15:43.940] because everything's coming out in the regs and through the czars rather than through [01:15:43.940 --> 01:15:47.940] the legislature, no real change, because what makes the regs function? [01:15:47.940 --> 01:15:50.940] The commercial nexus. [01:15:50.940 --> 01:15:56.940] Well, then Harmon, concerning all these executive orders, and from my understanding, [01:15:56.940 --> 01:16:00.940] technically those only really apply to employees of the executive branch anyway. [01:16:00.940 --> 01:16:06.940] But there's executive orders concerning continuity of government, which is basically another [01:16:06.940 --> 01:16:10.940] way for saying we're going to merge all three branches. [01:16:10.940 --> 01:16:14.940] If that ever got up in front of the Supreme Court, you'd think that would get totally [01:16:14.940 --> 01:16:15.940] shot down. [01:16:15.940 --> 01:16:16.940] Yep. [01:16:16.940 --> 01:16:20.940] Unless we're talking about something that's consented to, in which case it's not a merger [01:16:20.940 --> 01:16:21.940] of government. [01:16:21.940 --> 01:16:23.940] It's the appearance of the merger of government. [01:16:23.940 --> 01:16:28.940] Even if the Supreme Court was totally stacked by whatever president? [01:16:28.940 --> 01:16:29.940] Sure. [01:16:29.940 --> 01:16:31.940] Put nine communists on the court. [01:16:31.940 --> 01:16:34.940] They're still going to understand the commercial reality. [01:16:34.940 --> 01:16:35.940] Right. [01:16:35.940 --> 01:16:38.940] And thank God we don't have nine communists on the court. [01:16:38.940 --> 01:16:43.940] We have nine lawyers on the court who have been teaching us our legal reality from day [01:16:43.940 --> 01:16:44.940] one. [01:16:44.940 --> 01:16:48.940] I thank God for the Supreme Court daily. [01:16:48.940 --> 01:16:49.940] All right. [01:16:49.940 --> 01:16:50.940] Well, listen, we're going to break. [01:16:50.940 --> 01:16:52.940] When we get back, we're going to start taking your calls. [01:16:52.940 --> 01:16:55.940] Folks, if you'd like to call in, 512-646-1984. [01:16:55.940 --> 01:17:00.940] We'll be right back. [01:17:00.940 --> 01:17:05.940] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin [01:17:05.940 --> 01:17:07.940] supplies in the Austin metro area. [01:17:07.940 --> 01:17:09.940] We also ship worldwide. [01:17:09.940 --> 01:17:14.940] We are a family-owned and operated business that offers competitive prices on your coin [01:17:14.940 --> 01:17:15.940] and metals purchases. [01:17:15.940 --> 01:17:21.940] We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious [01:17:21.940 --> 01:17:22.940] metals, and scrap gold. [01:17:22.940 --> 01:17:26.940] We will purchase and sell gold and jewelry items as well. [01:17:26.940 --> 01:17:29.940] We offer daily specials on coins and bullion. [01:17:29.940 --> 01:17:35.940] We're located at 5448 Barnett Road, Suite 3, and we're open Monday through Friday, 10 [01:17:35.940 --> 01:17:38.940] a.m. to 6 p.m., Saturdays, 10 a.m. to 5 p.m. [01:17:38.940 --> 01:17:46.940] You are welcome to stop in our shop during regular business hours or call 512-646-6440 [01:17:46.940 --> 01:17:47.940] with any questions. [01:17:47.940 --> 01:17:52.940] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM. [01:17:52.940 --> 01:17:59.940] That's Capital Coin and Bullion, 512-646-6440. [01:17:59.940 --> 01:18:03.940] My name is Randall Kelton, and I co-host on Rule of Law Radio. [01:18:03.940 --> 01:18:08.940] We specialize in showing people how to strike back against corrupt public officials. [01:18:08.940 --> 01:18:12.940] With the mortgage crisis worsening, we set our sights on finding a remedy for people [01:18:12.940 --> 01:18:14.940] who have been cheated by their lenders. [01:18:14.940 --> 01:18:19.940] If you have a mortgage or have paid yours off, you have probably been cheated out of [01:18:19.940 --> 01:18:21.940] thousands, but there is a remedy. [01:18:21.940 --> 01:18:30.940] Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the [01:18:30.940 --> 01:18:35.940] consumer protection laws to recover what the lenders have stolen through fraud and deception. [01:18:35.940 --> 01:18:40.940] We will prepare for you a qualified written request that will expose the fraud [01:18:40.940 --> 01:18:42.940] and put the lenders on the dime. [01:18:42.940 --> 01:18:46.940] Lender fraud is bankrupting this country, and it's time to fight back. [01:18:46.940 --> 01:18:55.940] Go to remediesinrealestate.com or call 512-430-4140 and get the information you need [01:18:55.940 --> 01:18:59.940] to stop the money changers in their tracks. [01:18:59.940 --> 01:19:26.940] All right, folks, we are back. [01:19:26.940 --> 01:19:32.940] We got three more segments left in our Friday four-hour info marathon with our very good [01:19:32.940 --> 01:19:33.940] friend, Harmon Taylor. [01:19:33.940 --> 01:19:36.940] Boy, this show has just flown by, I'll tell you. [01:19:36.940 --> 01:19:38.940] And we've got some callers on the line. [01:19:38.940 --> 01:19:41.940] We're going to go to Robert in Texas. [01:19:41.940 --> 01:19:43.940] Robert, thanks for calling in. [01:19:43.940 --> 01:19:44.940] What's on your mind tonight? [01:19:44.940 --> 01:19:48.940] I just had a few words to say for Harmon. [01:19:48.940 --> 01:19:49.940] Hi, Harmon. [01:19:49.940 --> 01:19:51.940] How are you this evening? [01:19:51.940 --> 01:19:52.940] Oh, pretty good. [01:19:52.940 --> 01:19:58.940] Would you mind if I talked about my two tickets that were dismissed? [01:19:58.940 --> 01:19:59.940] Not at all. [01:19:59.940 --> 01:20:04.940] In fact, I've already bragged on that judge, so if you want to fill in some more details, [01:20:04.940 --> 01:20:05.940] feel free. [01:20:05.940 --> 01:20:08.940] Yeah, well, there's a couple of things. [01:20:08.940 --> 01:20:16.940] One of them was one of Harmon's deals is that he likes to preserve the material and the [01:20:16.940 --> 01:20:19.940] facts of the case at the very beginning. [01:20:19.940 --> 01:20:26.940] And I've tried to stress this to a couple different people at different times, but it [01:20:26.940 --> 01:20:29.940] doesn't evidently make sense to some of them. [01:20:29.940 --> 01:20:39.940] But what I did was the motions were written, and when I went into the arguments, like when [01:20:39.940 --> 01:20:45.940] I went in with a bunch of other people, the judge would call out everyone's name and ask [01:20:45.940 --> 01:20:47.940] them to plead. [01:20:47.940 --> 01:20:51.940] But when he called my name and I stood up, I wasn't there to plead. [01:20:51.940 --> 01:20:55.940] I was there to hear my motions that I had already found. [01:20:55.940 --> 01:21:06.940] So they set me back down, and the little tricky thing here was that I swear in as soon as [01:21:06.940 --> 01:21:13.940] I could when I got in front of the judge as to be sworn in so I could preserve the facts [01:21:13.940 --> 01:21:21.940] of the case and the motion, it kind of catches them off guard. [01:21:21.940 --> 01:21:28.940] And most of the time, they won't be prepared to question you because you're sworn in and [01:21:28.940 --> 01:21:30.940] they have that right. [01:21:30.940 --> 01:21:36.940] But after I laid that down, the prosecutor seemed to come over on my side, didn't he, [01:21:36.940 --> 01:21:37.940] Harmon? [01:21:37.940 --> 01:21:38.940] Yes, he did. [01:21:38.940 --> 01:21:47.940] And his background, as I recall, is in commercial application of maritime law, so I think he [01:21:47.940 --> 01:21:51.940] understood immediately what you were presenting. [01:21:51.940 --> 01:21:57.940] But the whole idea here is it's a little different approach than what most people do. [01:21:57.940 --> 01:22:05.940] One of the arguments in the motion was the notice issue, and it took a little while for [01:22:05.940 --> 01:22:11.940] the judge, I think, to catch hold, but they even recommended that we go right straight [01:22:11.940 --> 01:22:16.940] on to county court and just bypass them completely. [01:22:16.940 --> 01:22:18.940] Well, that's not a good idea, is it, Harmon? [01:22:18.940 --> 01:22:22.940] You need to go ahead and get through with your business there and make sure you've got [01:22:22.940 --> 01:22:24.940] it down rock solid. [01:22:24.940 --> 01:22:27.940] Yes, and get a judgment. [01:22:27.940 --> 01:22:34.940] And so I'm probably one of the very few people with a group I run around with anyway that's [01:22:34.940 --> 01:22:41.940] got two documents that's signed by the judge that no driver's license and speeding ticket [01:22:41.940 --> 01:22:45.940] were dismissed. [01:22:45.940 --> 01:22:50.940] And I'm kind of proud of those two documents because I tried to do everything that Harmon [01:22:50.940 --> 01:22:53.940] told me to do. [01:22:53.940 --> 01:22:55.940] But anyway, that's that story. [01:22:55.940 --> 01:22:58.940] That came out real well. [01:22:58.940 --> 01:23:05.940] And another thing that I want to say, I want to brag on Harmon a little bit, is the fact [01:23:05.940 --> 01:23:14.940] that I watched him in court, and he lays out his case very well. [01:23:14.940 --> 01:23:19.940] In this particular case, he argued the money issue. [01:23:19.940 --> 01:23:24.940] And there are two types of laws that goes with the money issues. [01:23:24.940 --> 01:23:32.940] And he had some silver coins with him, and he had the jurors there. [01:23:32.940 --> 01:23:40.940] And as he spoke to the jurors, he laid the silver coins in front of the jurors for them [01:23:40.940 --> 01:23:42.940] to touch and feel and see. [01:23:42.940 --> 01:23:47.940] And he explained that side of the law to them. [01:23:47.940 --> 01:23:51.940] But he also explained Satan's law to them. [01:23:51.940 --> 01:23:58.940] And Harmon also testified early, as I recall. [01:23:58.940 --> 01:24:07.940] And naturally, this particular prosecutor wanted to cross-examine Harmon after Harmon [01:24:07.940 --> 01:24:09.940] testified. [01:24:09.940 --> 01:24:17.940] And it was really funny because I don't remember the exact details, but every time the prosecutor [01:24:17.940 --> 01:24:23.940] asked Harmon questions, Harmon would always ask him, which law? [01:24:23.940 --> 01:24:28.940] And Harmon had already made his argument with two different laws. [01:24:28.940 --> 01:24:32.940] So that was already established. [01:24:32.940 --> 01:24:35.940] It was one or the other. [01:24:35.940 --> 01:24:41.940] But when Harmon would ask him, answer his question with a question, which law are you [01:24:41.940 --> 01:24:48.940] talking about, that prosecutor would withdraw his question. [01:24:48.940 --> 01:24:51.940] So that was pretty neat. [01:24:51.940 --> 01:24:58.940] And another fascinating thing afterwards is that when that was, he hung the jury. [01:24:58.940 --> 01:25:05.940] But when all of that was over and said and done, it was amazing that Baylor and all the [01:25:05.940 --> 01:25:09.940] cops come out and shook Harmon Taylor's hand. [01:25:09.940 --> 01:25:14.940] They said they have always wondered how that worked. [01:25:14.940 --> 01:25:17.940] These are just two things I won't throw in. [01:25:17.940 --> 01:25:18.940] So I'll let you go. [01:25:18.940 --> 01:25:20.940] Well, more than appreciate the call. [01:25:20.940 --> 01:25:21.940] Thank you, Robert. [01:25:21.940 --> 01:25:22.940] Bye. [01:25:22.940 --> 01:25:23.940] Thank you, Robert. [01:25:23.940 --> 01:25:25.940] We appreciate that. [01:25:25.940 --> 01:25:29.940] Yeah, I'm actually happy to say I'm one of those people that has a complete dismissal [01:25:29.940 --> 01:25:34.940] from a judge and a city prosecutor for six different charges on the same stop. [01:25:34.940 --> 01:25:36.940] Wow. [01:25:36.940 --> 01:25:39.940] You got pistol-whipped. [01:25:39.940 --> 01:25:40.940] Pretty much. [01:25:40.940 --> 01:25:41.940] Pencil. [01:25:41.940 --> 01:25:42.940] I always do. [01:25:42.940 --> 01:25:49.940] No liches, no registration, no insurance, no drivers, just invalid plates and so on [01:25:49.940 --> 01:25:50.940] and so forth. [01:25:50.940 --> 01:25:51.940] They just try to rack them up. [01:25:51.940 --> 01:25:56.940] The problem is the police officer took a copy of my seminar book, which makes all of these [01:25:56.940 --> 01:25:59.940] points and read it. [01:25:59.940 --> 01:26:01.940] Then he gave it to the judge and the prosecutor. [01:26:01.940 --> 01:26:03.940] A week later, I get my dismissal. [01:26:03.940 --> 01:26:04.940] There you go. [01:26:04.940 --> 01:26:05.940] Good for you. [01:26:05.940 --> 01:26:07.940] Now, go ahead, Andy. [01:26:07.940 --> 01:26:14.940] I wanted to touch on fighting the case in the municipal court. [01:26:14.940 --> 01:26:19.940] When you appeal to the county court, you appeal for Carl DeNovo. [01:26:19.940 --> 01:26:20.940] Correct. [01:26:20.940 --> 01:26:30.940] I was in a county court and I asked an officer about a question I had raised in the original [01:26:30.940 --> 01:26:31.940] suit. [01:26:31.940 --> 01:26:36.940] The prosecutor jumped up and objected because this was Carl DeNovo. [01:26:36.940 --> 01:26:43.940] I reminded the court that this was Carl DeNovo for the purpose of perfecting my appeal, not [01:26:43.940 --> 01:26:50.940] for the purpose of shielding the officer from false testimony. [01:26:50.940 --> 01:26:53.940] And the judge said, overruled. [01:26:53.940 --> 01:26:55.940] Good for you. [01:26:55.940 --> 01:27:02.940] So do the trial because their testimony is trial DeNovo, but the testimony they give [01:27:02.940 --> 01:27:06.940] in the original trial, you can still bring back and beat them over the head with it. [01:27:06.940 --> 01:27:11.940] You have to lay down everything at the trial court level for the appeal. [01:27:11.940 --> 01:27:16.940] Now, before we go to more anywhere crawlers, we're almost at the end of the segment. [01:27:16.940 --> 01:27:21.940] I wanted to ask Carmen one thing real quick concerning this choice of law and the funny [01:27:21.940 --> 01:27:26.940] money system, and you're talking about the law of the land and everything. [01:27:26.940 --> 01:27:32.940] Why does it necessarily follow that if it's funny money that that means maritime law [01:27:32.940 --> 01:27:36.940] and not necessarily some other type of law? [01:27:36.940 --> 01:27:38.940] At this level, there are two choices. [01:27:38.940 --> 01:27:40.940] We're either under the law of the land or the law of the sea. [01:27:40.940 --> 01:27:42.940] There's no other choice of law. [01:27:42.940 --> 01:27:53.940] At this level, we can get into whether we're under Texas or Ohio or Iowa law in this or that level of rules of decision. [01:27:53.940 --> 01:27:56.940] But if we're doing that, we've already determined that we're in maritime law. [01:27:56.940 --> 01:27:59.940] So you're basically saying there's really only two choices. [01:27:59.940 --> 01:28:02.940] At this level, at the first level, there are two choices. [01:28:02.940 --> 01:28:03.940] Okay. [01:28:03.940 --> 01:28:05.940] And the money is the best evidence of that choice. [01:28:05.940 --> 01:28:06.940] Okay. [01:28:06.940 --> 01:28:09.940] If we see funny money, say we're in Europe somewhere. [01:28:09.940 --> 01:28:12.940] We see funny money, they're in a maritime system. [01:28:12.940 --> 01:28:15.940] Why is funny money okay in a maritime system? [01:28:15.940 --> 01:28:17.940] It's all commercial. [01:28:17.940 --> 01:28:26.940] Everyone who participates in that plan agrees to that plan to participate in it. [01:28:26.940 --> 01:28:29.940] We have a choice about what money we use. [01:28:29.940 --> 01:28:31.940] We have a choice. [01:28:31.940 --> 01:28:37.940] Now, the banks say we're going to take all of your legitimate money out of circulation because you're an idiot [01:28:37.940 --> 01:28:39.940] and you let us touch it in the first place. [01:28:39.940 --> 01:28:46.940] So they suck all the real money out of circulation and substitute in all the funny money. [01:28:46.940 --> 01:28:48.940] We have a choice. [01:28:48.940 --> 01:28:53.940] Well, Harmon, even if we agree to it, even from my basic understanding of contract law, [01:28:53.940 --> 01:28:56.940] if there's no consideration, the contract's void. [01:28:56.940 --> 01:29:01.940] So it looks to me like in this system, there's no consideration. [01:29:01.940 --> 01:29:05.940] Guess what constitutes consideration in the place called this state? [01:29:05.940 --> 01:29:06.940] What? [01:29:06.940 --> 01:29:09.940] I promise to do such and such. [01:29:09.940 --> 01:29:11.940] Promise. [01:29:11.940 --> 01:29:12.940] You don't have to have an exchange. [01:29:12.940 --> 01:29:15.940] A promise is adequate consideration. [01:29:15.940 --> 01:29:16.940] So what's the promise? [01:29:16.940 --> 01:29:17.940] Anything. [01:29:17.940 --> 01:29:20.940] I promise to mow your yard. [01:29:20.940 --> 01:29:21.940] That's consideration. [01:29:21.940 --> 01:29:25.940] So you're saying if they can trick us into promising something. [01:29:25.940 --> 01:29:28.940] Or if they promise something, if it's a mutual exchange. [01:29:28.940 --> 01:29:29.940] That's considered consideration? [01:29:29.940 --> 01:29:32.940] In this state, that's adequate consideration. [01:29:32.940 --> 01:29:34.940] Is there case law on that? [01:29:34.940 --> 01:29:35.940] Sure. [01:29:35.940 --> 01:29:36.940] Wow. [01:29:36.940 --> 01:29:37.940] Okay. [01:29:37.940 --> 01:29:38.940] Interesting. [01:29:38.940 --> 01:29:40.940] Mind boggling, isn't it? [01:29:40.940 --> 01:29:41.940] All right. [01:29:41.940 --> 01:29:47.940] Well, maybe if you can cite some of those cases on the way on the next segment, that's fine. [01:29:47.940 --> 01:29:49.940] We've got more callers on the line. [01:29:49.940 --> 01:29:53.940] We've got John, Tim, Mike, and others. [01:29:53.940 --> 01:29:55.940] We'll be right back. [01:29:55.940 --> 01:29:58.940] This is the rule of law. [01:29:58.940 --> 01:30:02.940] Top ten reasons to question the official story of the Oklahoma City bombing, reason number five. [01:30:02.940 --> 01:30:08.940] As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives. [01:30:08.940 --> 01:30:13.940] Government log entries indicate and witnesses report that after the initial devastating blast, [01:30:13.940 --> 01:30:17.940] a bomb complete with timer was discovered and removed from wreckage by the bomb squad. [01:30:17.940 --> 01:30:21.940] Yet we are told it's all due to baseless bomb scares or other contrivances. [01:30:21.940 --> 01:30:27.940] So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them? [01:30:27.940 --> 01:30:33.940] For more information, go to okcbombingtruth.com. [01:30:33.940 --> 01:30:35.940] Have you had your hug today? [01:30:35.940 --> 01:30:39.940] If not, you're missing out on some of the best medicine relationships have to offer. [01:30:39.940 --> 01:30:41.940] I'm Dr. Catherine Albrecht. [01:30:41.940 --> 01:30:46.940] I'll be back in just a moment to tell you why you should get your daily dose of hug power. [01:30:46.940 --> 01:30:48.940] Privacy is under attack. [01:30:48.940 --> 01:30:51.940] When you give up data about yourself, you'll never get it back again. [01:30:51.940 --> 01:30:56.940] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:56.940 --> 01:31:01.940] So protect your rights, say no to surveillance, and keep your information to yourself. [01:31:01.940 --> 01:31:04.940] Privacy, it's worth hanging on to. [01:31:04.940 --> 01:31:07.940] This public service announcement is brought to you by StartPage.com, [01:31:07.940 --> 01:31:11.940] the private search engine alternative to Google, Yahoo, and Bing. [01:31:11.940 --> 01:31:14.940] Start over with StartPage. [01:31:14.940 --> 01:31:17.940] A hug a day could keep the heart doctor away. [01:31:17.940 --> 01:31:24.940] Researchers at the University of North Carolina say a simple embrace has benefits that go way beyond that warm and fuzzy feeling. [01:31:24.940 --> 01:31:29.940] They measured the levels of the stress hormone cortisol and the bonding hormone oxytocin, [01:31:29.940 --> 01:31:33.940] both before and after volunteer couples held hands, talked, and hugged. [01:31:33.940 --> 01:31:39.940] Following the 22nd hug, oxytocin increased and cortisol decreased in both men and women. [01:31:39.940 --> 01:31:44.940] As a result, their blood pressure also went down, lowering their risk of cardiovascular disease. [01:31:44.940 --> 01:31:46.940] So wrap your arms around the one you love. [01:31:46.940 --> 01:31:49.940] It'll do your heart and theirs a world of good. [01:31:49.940 --> 01:31:53.940] I'm Dr. Catherine Albrecht, sending you a virtual hug from Radioland. [01:31:53.940 --> 01:31:57.940] More news and information at CatherineAlbrecht.com. [01:32:23.940 --> 01:32:25.940] Thank you very much. [01:32:53.940 --> 01:32:55.940] I need some God's Jesus in my eyes. [01:32:55.940 --> 01:32:59.940] That model just take off the silly mind. [01:32:59.940 --> 01:33:02.940] In the light of day we all will pass. [01:33:02.940 --> 01:33:04.940] The rules of ingenuity. [01:33:04.940 --> 01:33:08.940] The rules against the workers of iniquity. [01:33:08.940 --> 01:33:11.940] The rules of ingenuity. [01:33:11.940 --> 01:33:39.940] The rules against the workers of iniquity. [01:33:39.940 --> 01:33:41.940] The rules of ingenuity. [01:33:41.940 --> 01:33:45.940] The rules against the workers of iniquity. [01:33:45.940 --> 01:33:51.940] The rules about the capability available for all eternity. [01:33:51.940 --> 01:33:57.940] They come from nature in the minute to the step-fast fruits of all the gistity. [01:33:57.940 --> 01:34:03.940] The rules to recon-dignity, to rebuild the credibility. [01:34:03.940 --> 01:34:10.940] Truth in nature must be just beside me. [01:34:10.940 --> 01:34:16.940] Truth in nature must be just this. [01:34:16.940 --> 01:34:18.940] And though if you don't take time. [01:34:18.940 --> 01:34:20.940] Peace and God. [01:34:20.940 --> 01:34:21.940] The end of times. [01:34:21.940 --> 01:34:25.940] And all that just takes off the silly mind. [01:34:25.940 --> 01:34:28.940] In the light of day all will pass. [01:34:28.940 --> 01:34:31.940] The rules of ingenuity. [01:34:31.940 --> 01:34:33.940] So maybe I'm not, I'm just kidding. [01:34:33.940 --> 01:34:34.940] All right. [01:34:34.940 --> 01:34:35.940] We are back. [01:34:35.940 --> 01:34:36.940] Rule of law. [01:34:36.940 --> 01:34:39.940] And we are taking your phone calls now. [01:34:39.940 --> 01:34:46.940] We are going now to speak to John in Texas. [01:34:46.940 --> 01:34:49.940] Hi, how are you doing? [01:34:49.940 --> 01:34:50.940] Hi, John. [01:34:50.940 --> 01:34:51.940] Thanks for calling in. [01:34:51.940 --> 01:34:52.940] What's on your mind tonight? [01:34:52.940 --> 01:35:00.940] I got sued by a guy in town that had gone into investment that I had introduced him to. [01:35:00.940 --> 01:35:06.880] didn't receive any money there was no fraud but he got some lawyers to go and [01:35:06.880 --> 01:35:12.160] sue me for the fraud because I had money and that was the only reason that they [01:35:12.160 --> 01:35:15.580] did it John listen we're having a hard time hearing you are you on a speaker [01:35:15.580 --> 01:35:28.660] phone let me okay yes thank you okay so anyway they sued me for fraud and I [01:35:28.660 --> 01:35:37.020] countersuit them and they did not answer the countersuit so they're in default on [01:35:37.020 --> 01:35:39.940] the countersuit and I've heard two different no no they're not they don't [01:35:39.940 --> 01:35:47.220] have to answer a counter suit oh okay I ran into that once okay that's what I [01:35:47.220 --> 01:35:51.260] thought I thought I had I called the clerk well he would you like to file the [01:35:51.260 --> 01:35:53.820] default judgment they're in default would you like to file the default so [01:35:53.820 --> 01:35:59.500] they don't somebody doesn't have to answer a counter suit no is that right [01:35:59.500 --> 01:36:06.940] Harmon only the original position no you should answer the countersuit but you [01:36:06.940 --> 01:36:11.780] don't get a no answer default for not answering the countersuit so what's the [01:36:11.780 --> 01:36:20.460] penalty for our there isn't one the penalty is exactly essence is that right [01:36:20.460 --> 01:36:26.020] Harmon well if they've got if they they're not really punished for not [01:36:26.020 --> 01:36:30.380] answering you're you're understanding of that same as mine and no real [01:36:30.380 --> 01:36:35.820] requirement to file an answer to a counterclaim are they acquiescing though [01:36:35.820 --> 01:36:42.260] if they don't answer not necessarily if the thing to do after that's either going [01:36:42.260 --> 01:36:47.340] to discover your parcel summary judgments or summary judgment motions but [01:36:47.340 --> 01:36:51.660] of course for that they'll have the opportunity to answer those they'll have [01:36:51.660 --> 01:36:56.420] to answer but you can't just get a no answer default on a counterclaim that's [01:36:56.420 --> 01:37:03.860] my understanding yes okay we had that issue and I checked in the code and [01:37:03.860 --> 01:37:09.580] couldn't move the civil procedure and they did not have to answer is this [01:37:09.580 --> 01:37:16.560] federal yes okay well I know you can't give legal advice but what's what's the [01:37:16.560 --> 01:37:21.260] next step for me to do should I just go and try to do the summary judgment not [01:37:21.260 --> 01:37:26.860] knowing a thing about your case maybe if you're sure there's no genuine issue [01:37:26.860 --> 01:37:32.140] material facts so my judgment would be would be suitable if there's if there's [01:37:32.140 --> 01:37:36.780] anything to be ferreted out in the way of what is it this what it's an issue [01:37:36.780 --> 01:37:46.380] then discovery is is what's next will both sides agree to all of the facts [01:37:46.380 --> 01:37:53.020] that are stated if they don't then oh you're asking him that yeah I'm asking [01:37:53.020 --> 01:37:57.940] I'm asking the caller no no I when they when they sued me I answered it all in [01:37:57.940 --> 01:38:07.980] negative affirmative okay well you know discover your answer discovery and civil [01:38:07.980 --> 01:38:13.940] lawsuits go hand-in-hand that's that's pretty much where the activity is and so [01:38:13.940 --> 01:38:20.940] if if it's everything's disagreed then someone needs to put a little bit of [01:38:20.940 --> 01:38:25.780] structure on what the facts really are so so Harmon if there are disputes [01:38:25.780 --> 01:38:30.260] concerning material facts then you can't get a summary judgment is that what [01:38:30.260 --> 01:38:34.820] you're saying summary doesn't standard is no it goes along like this no genuine [01:38:34.820 --> 01:38:39.980] issue of material fact okay so if there is a fact issue to be determined then [01:38:39.980 --> 01:38:47.940] summary judgment shouldn't apply doesn't mean it won't but it shouldn't yeah that [01:38:47.940 --> 01:38:53.540] doesn't go to a difference of opinion about the facts no it's just that if [01:38:53.540 --> 01:38:58.580] everybody says yeah these facts happened but it was his fault no it was his fault [01:38:58.580 --> 01:39:03.580] that's different that's yeah you judge can still give summary judgment on that [01:39:03.580 --> 01:39:10.220] so long as everybody agrees about the facts themselves right but yeah okay on [01:39:10.220 --> 01:39:18.620] that sort of thing that it sounds like it's a messy case and to settle some of [01:39:18.620 --> 01:39:27.260] that down discovery might be of use okay who can I talk to about that you know [01:39:27.260 --> 01:39:34.060] off off the air get more detailed well a quick a quick question you said you [01:39:34.060 --> 01:39:41.540] answered with a negative of vermouth yes sir did you deny the claims made by the [01:39:41.540 --> 01:39:49.020] plaintiff yes did he make claims with specificity and you denied him with [01:39:49.020 --> 01:39:57.940] particularity yes good good good then you're cool because if you just file a [01:39:57.940 --> 01:40:02.580] negative of vermouth you might have some problems and what was the nature of the [01:40:02.580 --> 01:40:14.780] causes of action you claimed against the plaintiff I had someone help me do it I [01:40:14.780 --> 01:40:19.260] can't remember exactly what we what we did but it was harassment okay [01:40:19.260 --> 01:40:25.740] understand I'm not asking what the specifics of the case were what were the [01:40:25.740 --> 01:40:31.420] causes of action in a civil action you don't just say he's a no good rotten [01:40:31.420 --> 01:40:35.020] scoundrel he did this no good rotten stuff to me and I feel like I was [01:40:35.020 --> 01:40:42.700] injured you make your claim in terms of a defined cause of action making sure [01:40:42.700 --> 01:40:46.940] you claim all of the elements of that cause of action just like if I accuse [01:40:46.940 --> 01:40:52.420] someone of a crime I accuse him of violating a specific statute and I have [01:40:52.420 --> 01:41:02.540] to name all the elements you have causes of action that are the same way so you [01:41:02.540 --> 01:41:06.060] need to make sure they're in there if you don't have causes of action you need [01:41:06.060 --> 01:41:10.580] to amend to get causes of action in there get O'Connor's causes of action it [01:41:10.580 --> 01:41:17.620] is a wonderful book what is it what's the book called O'Connor's causes of [01:41:17.620 --> 01:41:23.300] action Texas causes of action call a couple of attorneys ask them if tell [01:41:23.300 --> 01:41:28.060] them you're you're homeschooling your kids you want to give them a course in [01:41:28.060 --> 01:41:33.820] law ask them to have any old law books laid around okay you get a couple year [01:41:33.820 --> 01:41:40.980] old copy and they are wonderful and they have annotations all the causes of [01:41:40.980 --> 01:41:45.100] action lists all the annotations one time Randy and I spent a whole show [01:41:45.100 --> 01:41:50.540] almost four hours going over causes of action for malpractice lawsuits against [01:41:50.540 --> 01:41:56.100] attorneys and I'll tell you after going through that if I was an attorney if I [01:41:56.100 --> 01:42:00.140] had I mean if I was thinking about becoming an attorney I would never do it [01:42:00.140 --> 01:42:04.540] because you can sue an attorney for almost anything for malpractice is [01:42:04.540 --> 01:42:08.220] outrageous how many causes of action there are for malpractice against [01:42:08.220 --> 01:42:18.540] attorneys it's crazy yeah Harman's nodding his head he agrees yeah you [01:42:18.540 --> 01:42:23.740] could I got this book nobody who's an attorney read this book first I don't I [01:42:23.740 --> 01:42:29.620] wouldn't think so okay we need to move on okay all right tell me tell me who I [01:42:29.620 --> 01:42:33.260] need to talk to or whatever like get some more advice on from one of you guys [01:42:33.260 --> 01:42:38.300] or simply send me an email to Randy at remedies and Randy at the rule of law [01:42:38.300 --> 01:42:49.340] radio Randy at the rule of law radio no rule of law radio calm just go to the [01:42:49.340 --> 01:42:54.300] website you can click I've got an email link there and you'll have to deposit [01:42:54.300 --> 01:43:07.660] something into his beer fund okay take care now all right thanks thanks John [01:43:07.660 --> 01:43:12.620] okay we're about to go to break in less than a minute but we'll start in on the [01:43:12.620 --> 01:43:17.060] next caller Tim in Texas Tim thanks for calling in what's on your mind tonight [01:43:17.060 --> 01:43:23.740] well in the Texas we got but I've got a theory on why they're pushing everyone [01:43:23.740 --> 01:43:28.940] try to get your mention municipal justice court yeah okay we only got about [01:43:28.940 --> 01:43:32.980] 20 seconds go quickly okay I'll finish up on the other side but that's what I [01:43:32.980 --> 01:43:37.300] wanted to talk about okay and Tim we're having a hard time understanding your [01:43:37.300 --> 01:43:40.660] phones cutting out if you're on a cell phone try to get to a better location in [01:43:40.660 --> 01:43:45.540] your house or if you're on a wireless or cordless try to get on the landline or [01:43:45.540 --> 01:43:53.060] something all right we'll be right back we only got one segment left folks here [01:43:53.060 --> 01:44:01.060] on the rule of law radio rule of law radio comm we'll be right back more [01:44:01.060 --> 01:44:08.420] energy stronger immune power improved sense of well-being how many supplements [01:44:08.420 --> 01:44:13.540] have you heard most of these benefits the team behind centrician believes that [01:44:13.540 --> 01:44:20.060] supplements 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866-LAW-EZ [01:46:54.300 --> 01:47:11.180] into the city they will shuffle many long nights many strong thrills land of [01:47:11.180 --> 01:47:26.660] comfort land of scuffle it's hard to lose and it's hard to hold far back as [01:47:26.660 --> 01:47:55.020] they remember they've been told this is a rule of law we've got one final [01:47:55.020 --> 01:47:59.700] segment we've got our special guest Harmon Taylor we're taking your calls [01:47:59.700 --> 01:48:04.820] we're with Tim in Texas right now okay Tim can you please repeat the question [01:48:04.820 --> 01:48:11.300] well I've got a theory on why they're pushing people so quickly to get the [01:48:11.300 --> 01:48:19.300] there please enter them what's your theory in JP court well chapter 45 of the [01:48:19.300 --> 01:48:23.220] code of criminal procedures makes no provision has no provisions whatsoever [01:48:23.220 --> 01:48:27.140] for arraignment and first fact the word arraign doesn't even appear in there [01:48:27.140 --> 01:48:31.860] anywheres the only thing that that allows them to talks about entering a [01:48:31.860 --> 01:48:37.020] plea is forty five point oh two three and that has to do with average jury is [01:48:37.020 --> 01:48:41.300] entangled or after the defendant has waived the trial by jury the defendant [01:48:41.300 --> 01:48:46.340] may enter a plea and then the next section forty five point oh two four [01:48:46.340 --> 01:48:49.380] says that the justice or judge will enter a plea of not guilty if the [01:48:49.380 --> 01:48:56.420] defendant refuses well that has to be tied all together so that if the person [01:48:56.420 --> 01:49:00.860] refuses the plea after the jury is in panel but if they get people to enter a [01:49:00.860 --> 01:49:07.900] plea willingly and voluntarily then I believe that the forms that they sign is [01:49:07.900 --> 01:49:12.580] where they waive a trial by jury and therefore their plea is on the end but I [01:49:12.580 --> 01:49:20.020] don't I think most people don't even understand that looks that's a good [01:49:20.020 --> 01:49:24.340] detailed reading of the statutes there and yeah the municipal court works on [01:49:24.340 --> 01:49:28.540] the signed documents there's all kinds of things we waive when we start signing [01:49:28.540 --> 01:49:33.380] their documents yeah well there's another issue though and that is that [01:49:33.380 --> 01:49:39.620] the very first part of 45 45.02 or 03 specifically says that when there is no [01:49:39.620 --> 01:49:46.260] provision in that chapter for a process or procedure regarding the prosecution of [01:49:46.260 --> 01:49:50.500] case in that venue that the rest of the code of criminal procedure shall be [01:49:50.500 --> 01:49:57.500] applied which they don't do they insist they can only stick within chapter 45 [01:49:57.500 --> 01:50:02.180] unless it suits on to use something else against you but you're not allowed to [01:50:02.180 --> 01:50:06.340] tell them that they're required to use another part of the law when it's in [01:50:06.340 --> 01:50:12.580] your defense now this of course is bogus but it is what they do and that's part [01:50:12.580 --> 01:50:17.660] of what I do with the affidavits and motions that I file is I lay out step by [01:50:17.660 --> 01:50:20.860] step here's what you should be doing according to the code of criminal [01:50:20.860 --> 01:50:26.700] procedure right now here's where you did not do it and I'm a certainty as a [01:50:26.700 --> 01:50:32.060] statement of fact that you have deprived me of my due process right by not doing [01:50:32.060 --> 01:50:39.900] it okay now just kind of continue with my theory based on that if 502 says look [01:50:39.900 --> 01:50:43.300] outside other areas of the code that would send them to for arraignment that [01:50:43.300 --> 01:50:48.460] no not other areas of the code other parts other chapters of the code well [01:50:48.460 --> 01:50:53.260] that's what I meant I'm sorry so if there's no provision in 45 for an [01:50:53.260 --> 01:50:58.860] arraignment that was chapter 26 and cover 2601 2 & 3 which talks about the [01:50:58.860 --> 01:51:04.860] arraignment just in time of arraignment and 2601 says in all felony cases after [01:51:04.860 --> 01:51:08.100] indictment and all misdemeanor cases punishable by imprisonment there shall [01:51:08.100 --> 01:51:11.420] be an arraignment well there's no provision for an arraignment for class [01:51:11.420 --> 01:51:17.460] D misdemeanors so that's true legal limbo now I did some more checking on [01:51:17.460 --> 01:51:24.620] the annotated codes for 2601 couple of interesting cases popped up in one of [01:51:24.620 --> 01:51:29.540] the says the annotated quote was the decision that convicted defendant of the [01:51:29.540 --> 01:51:33.140] sale of a dangerous drug despite his claim he was not arraigned it was a [01:51:33.140 --> 01:51:37.500] firm because when defendants counsel entered a plea of not guilty for him [01:51:37.500 --> 01:51:42.020] there was no purpose for an arraignment so therefore that his attorney entered it [01:51:42.020 --> 01:51:48.860] for him voluntarily that was Richardson v state 508 Southwest 2nd [01:51:48.860 --> 01:51:54.020] yes the only purpose of arraignment is to determine the identity of the accused [01:51:54.020 --> 01:52:02.140] and take a plea but there's another problem the initial appearance where the [01:52:02.140 --> 01:52:08.700] clerk attempts to take a plea that plea should be taken by a magistrate not a [01:52:08.700 --> 01:52:17.660] judge in an examining trial not a court hearing they avoid doing that that way [01:52:17.660 --> 01:52:21.380] they wind up without a plea now if you went to examining trial you'd have to [01:52:21.380 --> 01:52:25.820] the judge is going to ask you you do this or not you're essentially going to [01:52:25.820 --> 01:52:29.140] have to give him a plea so he can hold an examining trial and take care of that [01:52:29.140 --> 01:52:36.380] problem yeah but you would also get to tell your side of the story but in order [01:52:36.380 --> 01:52:41.660] to even make a probable cause determination and the probable cause [01:52:41.660 --> 01:52:45.900] determination would be made before you would even be asked to make a plea [01:52:45.900 --> 01:52:51.380] because if there's no probable cause the whole thing would go away right there [01:52:51.380 --> 01:52:56.580] well part of it said they have to have a hearing and the first reasonable thing [01:52:56.580 --> 01:53:01.660] the judge is going to say is you do this oh no [01:53:01.660 --> 01:53:04.980] I'm innocent and driven so you essentially entered a plea in the case [01:53:04.980 --> 01:53:10.060] or a plea before the magistrate once the magistrate makes a probable cause [01:53:10.060 --> 01:53:16.260] determination then it goes before the court and then the court would have to [01:53:16.260 --> 01:53:20.540] determine what your plea is before the court and who you are and what your plea [01:53:20.540 --> 01:53:25.220] is and there is a provision for the arraignment it's not in 45 but it's in code [01:53:25.220 --> 01:53:30.740] of criminal procedure and it used to Eddie explained that how it used to say [01:53:30.740 --> 01:53:37.220] that the JP or municipal court couldn't do the plea that the arraignment it had [01:53:37.220 --> 01:53:42.540] to be a county court and then they changed you explain that yeah 1517 B [01:53:42.540 --> 01:53:47.540] used to require until they changed it this past year that the justice or [01:53:47.540 --> 01:53:52.140] municipal court was to direct you to a county or statutory County Court for the [01:53:52.140 --> 01:53:57.560] purpose of conducting an arraignment why because the statutes very clearly show [01:53:57.560 --> 01:54:03.300] that only certain types of offenses according to it we're supposed to have [01:54:03.300 --> 01:54:07.260] an arraignment and a justice and municipal court has zero jurisdiction over [01:54:07.260 --> 01:54:12.900] those types of offenses so they were directed to send you to a county or [01:54:12.900 --> 01:54:17.700] statutory County Court for the purpose of arraignment now the legislature has [01:54:17.700 --> 01:54:22.260] gone and amended it to try to say that the arraignments held by the county or [01:54:22.260 --> 01:54:27.660] the municipal or justice court yet they still did not change the law where the [01:54:27.660 --> 01:54:31.120] jurisdiction that applies to an arraignment is something over which they [01:54:31.120 --> 01:54:36.520] have jurisdiction to begin with it's completely outside their realm of [01:54:36.520 --> 01:54:42.940] authority but the problem that is it creates a separate distinct due process [01:54:42.940 --> 01:54:53.900] of law procedure for class C offenses versus every other kind well this is a [01:54:53.900 --> 01:54:59.220] quick little scenario okay hypothetical let's say someone gets a ticket they go [01:54:59.220 --> 01:55:03.260] into municipal court they go to see the clerk and the clerk asked them for a [01:55:03.260 --> 01:55:07.420] plea well we asked them instead of entering a plea we asked them are if [01:55:07.420 --> 01:55:12.020] they are a judicial official and if not which judicial official delegated the [01:55:12.020 --> 01:55:17.540] task of taking a plea to them and then just gather the information and move on [01:55:17.540 --> 01:55:23.580] then when we get to the magistrate and actually we demand that they they [01:55:23.580 --> 01:55:28.760] perform the duties under 1517 the clerk isn't going to want to do that so they [01:55:28.760 --> 01:55:34.300] set up the time for you to see the judge you go in to see the judge and he asks [01:55:34.300 --> 01:55:38.100] he's telling you there to demand that they perform the duties under 1517 [01:55:38.100 --> 01:55:41.900] they're going to ask you to enter the plea said well the jury has not been in [01:55:41.900 --> 01:55:45.300] panel that I have not waived my right to a jury trial so therefore I'm not [01:55:45.300 --> 01:55:49.380] required to enter a plea and I refuse to do it voluntarily are you going to [01:55:49.380 --> 01:55:55.580] perform your duties under 1517 no then okay now we now the next question is how [01:55:55.580 --> 01:56:00.740] do we what we're going to find some case law that shows that violations due [01:56:00.740 --> 01:56:09.140] process causes the court to lose jurisdiction oh we got lots of that that [01:56:09.140 --> 01:56:17.100] would send me an email I'll send you my my due process and jurisdiction folder [01:56:17.100 --> 01:56:25.140] okay he becomes a trespasser ab initio yeah that all his acts are defeated I'm [01:56:25.140 --> 01:56:28.420] sorry I keep stepping on you Randy it seemed to work pretty good and I was [01:56:28.420 --> 01:56:32.580] talking with Don about this the other day and and he's actually tried this in [01:56:32.580 --> 01:56:38.140] a case and the judge he told the judge that he was there to invoke the duty [01:56:38.140 --> 01:56:42.460] under 1517 and the JP judge says yep that's we're here for now I need a plea [01:56:42.460 --> 01:56:46.380] he is no that's not part of the procedure I'll read it to you no no no [01:56:46.380 --> 01:56:51.300] you want to read it to me that's fine I'll go look I'll learn it myself and [01:56:51.300 --> 01:56:57.500] off you went that and that's a whoa wait a minute you are supposed to be [01:56:57.500 --> 01:57:07.820] learned counsel don't you know I have a right to a competent jurist I was [01:57:07.820 --> 01:57:11.660] thinking with the clerk 9-1-1 when they're not going to win there with a [01:57:11.660 --> 01:57:16.340] code of criminal procedures in your hand too and you did something that's very [01:57:16.340 --> 01:57:21.740] powerful if I don't want to fight with these folks if I need something I called [01:57:21.740 --> 01:57:29.100] him up and I called one up and I said I want to see the the criminal the warrant [01:57:29.100 --> 01:57:35.660] that for someone's arrest that's required to be produced under 1516 [01:57:35.660 --> 01:57:42.100] immediately after arrest I want to see that warrant I got no argument when I [01:57:42.100 --> 01:57:45.500] tell them what I want give them the code that tells them they have to do it I [01:57:45.500 --> 01:57:52.620] don't get this huffing and puffing and song and dance so that was nice the way [01:57:52.620 --> 01:57:57.900] you did that but I didn't do it down did that so anyways is there any more [01:57:57.900 --> 01:58:02.660] callers or do we have a few more minutes we're actually at the end of the show [01:58:02.660 --> 01:58:07.500] right now okay well I hope that's been helpful for anybody out there so thank [01:58:07.500 --> 01:58:11.580] you Tim all right we appreciate everything all right we're at the end of [01:58:11.580 --> 01:58:16.900] our four-hour info marathon we're sorry Mike J we had a full board of callers [01:58:16.900 --> 01:58:21.100] tonight we did everything we could to get to everyone Harmon I'd like to thank [01:58:21.100 --> 01:58:25.300] you very much for joining us tonight and staying with us it's a pleasure thanks [01:58:25.300 --> 01:58:29.140] for thanks for doing this this is an awesome show awesome show all right [01:58:29.140 --> 01:58:33.700] folks we will be back on Monday night Monday nights are Eddie's night traffic [01:58:33.700 --> 01:58:40.460] nights and don't forget brave new books tomorrow at 3 p.m. 3 6 is Eddie's weekly [01:58:40.460 --> 01:58:47.420] lesson weekly seminar on traffic issues and other matters we thank you all God [01:58:47.420 --> 01:59:01.540] bless and have a wonderful weekend [01:59:47.420 --> 01:59:49.760] you