[00:00.000 --> 00:04.840]  This news brief brought to you by the International Newsnet.
[00:04.840 --> 00:09.500]  Darcy Flynn, a whistleblower from the Securities and Exchange Commission, says the agency has
[00:09.500 --> 00:14.680]  destroyed records of thousands of investigations over the past two decades, whitewashing the
[00:14.680 --> 00:18.040]  files of some of the nation's worst financial criminals.
[00:18.040 --> 00:24.080]  The SEC attorney said they included Goldman Sachs, Bank of America, Wells Fargo, Lehman
[00:24.080 --> 00:28.360]  Brothers, Deutsche Bank, and Bernie Badoff.
[00:28.360 --> 00:32.760]  The silence, armed with heavy weapons, guns, and explosives, launched three attacks in
[00:32.760 --> 00:38.040]  quick succession in southern Israel near Egypt's Sinai Peninsula Thursday, killing at least
[00:38.040 --> 00:40.720]  seven people and wounding 26 more.
[00:40.720 --> 00:45.560]  The rare violence in that part of the country targeted a bus, a military patrol, and a private
[00:45.560 --> 00:46.560]  car.
[00:46.560 --> 00:51.160]  The military said a large number of assailants were working in multiple squads.
[00:51.160 --> 00:57.600]  Of the 2.8 million deaths reported to the Social Security Administration in a year,
[00:57.600 --> 01:03.280]  about 14,000 or one in every 200 are incorrectly entered into its death master file.
[01:03.280 --> 01:08.360]  The Inspector General said recently, erroneous death entries can lead to benefit termination,
[01:08.360 --> 01:13.700]  cause severe financial hardship and distress, and result in the publication of living individuals'
[01:13.700 --> 01:16.200]  information.
[01:16.200 --> 01:21.160]  According to a recent Brown University study, U.S. wars in Iraq and Afghanistan have cost
[01:21.160 --> 01:26.840]  the country $3.7 trillion, or more than $12,000 per American.
[01:26.840 --> 01:32.120]  By the end of April, the two wars had cost an average of $9.7 billion a month.
[01:32.120 --> 01:36.640]  When the 12-person Super Congress meets later this year to decide on trimming the federal
[01:36.640 --> 01:41.120]  budget, the wars in Afghanistan and Iraq could be targeted.
[01:41.120 --> 01:45.840]  Congress has allotted $1.3 trillion for war spending to the Pentagon through fiscal year
[01:45.840 --> 01:50.320]  2011, but the true cost of the wars remains uncounted.
[01:50.320 --> 01:54.920]  Besides what Congress appropriated, the Pentagon spent an additional unknown amount from its
[01:54.920 --> 01:59.040]  $5.2 trillion base budget over that same period.
[01:59.040 --> 02:03.440]  Other money comes from supplemental appropriations, such as getting air conditioning to troops
[02:03.440 --> 02:08.040]  in Afghanistan costing taxpayers $20 billion a year.
[02:08.040 --> 02:13.880]  A new report warns the U.S. is likely to maintain its huge arsenal of nuclear weapons for many
[02:13.880 --> 02:20.120]  years to come, even though Barack Obama has said repeatedly he favors nuclear non-proliferation.
[02:20.120 --> 02:24.760]  The Federation of American Sciences Nuclear Information Project, a think tank that monitors
[02:24.760 --> 02:30.600]  U.S. nuclear policy, warns Obama will likely fail to implement his stated agenda on nuclear
[02:30.600 --> 02:36.760]  disarmament due to lack of cooperation by Washington's civil and military bureaucracy.
[02:36.760 --> 02:42.520]  The House Armed Services Committee has appropriated $18 billion for new nuclear weapons projects.
[02:42.520 --> 02:47.520]  Obama agreed to the increased nuclear stockpile to win support from Senate Republicans for
[02:47.520 --> 02:51.760]  the New START Nuclear Weapons Treaty hammered out with Russia last year.
[02:51.760 --> 02:55.880]  The Stockholm International Peace Research Institute says the U.S. and Russia possess
[02:55.880 --> 03:23.000]  93 percent of the world's nuclear weapons.
[04:25.880 --> 04:55.680]  All right, good evening folks, this is Rural of Law Radio, tonight is August 18th, 2011.
[04:55.680 --> 05:03.520]  This is Thursday night show, this is Eddie Craig, Debra Stevens, Randy is off tonight.
[05:03.520 --> 05:08.600]  Right now there's some things that we want to deal with, Debra's reviewing an article
[05:08.600 --> 05:11.320]  that we'll be talking about here shortly.
[05:11.320 --> 05:16.840]  But one of the things I want to get into is we need to understand something, since we
[05:16.840 --> 05:21.280]  don't have any specific topics for tonight, it's going to be open board with anything
[05:21.280 --> 05:27.120]  except for the mortgage issues, because like I say, Randy is not here tonight.
[05:27.120 --> 05:31.360]  So just please be aware that if anything, we'll treat this more like a Monday night
[05:31.360 --> 05:34.880]  unless Debra's got something else she wants to discuss.
[05:34.880 --> 05:41.040]  But that being said, we need to be aware, I saw another gentleman getting a traffic
[05:41.040 --> 05:45.000]  ticket today while I was out picking up some water.
[05:45.000 --> 05:47.760]  And I went over and I talked to him for a minute and let him know about the class that
[05:47.760 --> 05:52.720]  we have done at Brave New Books on Sundays regarding this issue and everything.
[05:52.720 --> 05:56.560]  But folks, we need to understand something.
[05:56.560 --> 06:03.480]  You need to understand what the word transportation means.
[06:03.480 --> 06:11.960]  Transportation defined in law has a very simple meaning, the movement of property or passengers
[06:11.960 --> 06:16.320]  by carrier or by common carrier.
[06:16.320 --> 06:18.160]  It is a carrier.
[06:18.160 --> 06:24.560]  A carrier by definition is anybody that operates on the roads and highways for the purpose
[06:24.560 --> 06:33.120]  of transporting passengers or property for compensation or hire.
[06:33.120 --> 06:39.480]  This is where we get the transportation code means commerce.
[06:39.480 --> 06:50.760]  It only is applicable as far as a regulatory scheme on those that are engaging in transportation.
[06:50.760 --> 06:57.720]  You and I in our day-to-day business, personal business and pleasure travel on the roads
[06:57.720 --> 07:02.760]  are not engaging in transportation.
[07:02.760 --> 07:09.440]  Now that being said, this is where it becomes important to know what your rights are and
[07:09.440 --> 07:11.920]  at a given time.
[07:11.920 --> 07:18.280]  Just because an officer is pulling you over does not mean that officer is acting within
[07:18.280 --> 07:25.480]  his proper authority if you are asserting that you are not engaging in any acts of commerce
[07:25.480 --> 07:30.680]  slash transportation at that time.
[07:30.680 --> 07:33.920]  Now that may seem kind of far-fetched, but the logic is sound.
[07:33.920 --> 07:38.720]  The law can only apply what it's written to apply to.
[07:38.720 --> 07:44.160]  And if you're not engaging in the privileged activities that that law was made applicable
[07:44.160 --> 07:49.120]  to, it is not applicable at all.
[07:49.120 --> 07:52.320]  And I've used this analogy in class several times.
[07:52.320 --> 08:00.800]  If the law distinctly and specifically says, blue cars shall not, does that law cover white
[08:00.800 --> 08:01.800]  cars?
[08:01.800 --> 08:07.440]  Does it cover red cars, yellow cars, any car other than one that is blue?
[08:07.440 --> 08:10.800]  No, it doesn't.
[08:10.800 --> 08:15.440]  The same thing applies with transportation.
[08:15.440 --> 08:25.160]  The law can only apply to someone that is engaging in an act that constitutes transportation.
[08:25.160 --> 08:29.240]  Taking your kids to soccer practice is not an act of transportation.
[08:29.240 --> 08:34.080]  Whether they're your kids, your neighbor's kids, your grandkids, doesn't matter.
[08:34.080 --> 08:38.760]  That's not transportation, okay?
[08:38.760 --> 08:45.600]  Doesn't matter if you're on a church bus taking a group of kids to a church trip or anything
[08:45.600 --> 08:46.600]  like that.
[08:46.600 --> 08:51.000]  That is not transportation.
[08:51.000 --> 08:53.760]  Just isn't.
[08:53.760 --> 09:02.360]  But you're operating a taxi cab and you're actively tooling around with your sign-on trolling
[09:02.360 --> 09:06.440]  for passengers, you're in transportation.
[09:06.440 --> 09:11.560]  But if you're at the end of your shift, you've turned off that passenger light and you're
[09:11.560 --> 09:16.800]  simply headed to the barn or on your way home and you have no intention or purpose and do
[09:16.800 --> 09:21.680]  not pick up any more passengers, then you're not acting in commerce.
[09:21.680 --> 09:22.680]  You're done.
[09:22.680 --> 09:24.160]  Your shift is over.
[09:24.160 --> 09:28.800]  You are not actively engaging in these things.
[09:28.800 --> 09:37.600]  Now that being said, we need to understand that distinction and this is exactly where
[09:37.600 --> 09:42.680]  the problem arises at the point of getting pulled over.
[09:42.680 --> 09:49.960]  When you get pulled over, you absolutely do not want to give any impression to the officers
[09:49.960 --> 09:55.640]  that you were engaging in an act that they can regulate.
[09:55.640 --> 09:58.080]  Now how do we do that?
[09:58.080 --> 10:00.360]  Well, it's very simple.
[10:00.360 --> 10:08.000]  We use their terminology and we give them something that placates them but hangs us.
[10:08.000 --> 10:14.320]  When they walk up and say license, registration and proof of insurance, the moment you comply,
[10:14.320 --> 10:17.440]  you confess.
[10:17.440 --> 10:22.960]  Now whether or not you were actively doing anything, you waived the implications of that
[10:22.960 --> 10:30.920]  the moment you gave them the paperwork because by doing that, you validated their perception
[10:30.920 --> 10:37.600]  of reality in that you provided them with the accruediments of the commercial activity
[10:37.600 --> 10:44.280]  they were saying you were engaging in so that they could regulate you.
[10:44.280 --> 10:49.240]  If an officer pulls you over and he wants your license, registration and proof of insurance
[10:49.240 --> 10:54.720]  and you are not engaging in transportation, don't give it to him.
[10:54.720 --> 11:01.680]  That's the whole reason for that affidavit and judicial notices in the seminar material.
[11:01.680 --> 11:05.960]  When they want that other information, you give them that instead.
[11:05.960 --> 11:11.600]  If they don't want to take it, just say look, this contains the three pieces of information
[11:11.600 --> 11:17.320]  regarding by person you're supposed to have as a matter of law, take it because it's the
[11:17.320 --> 11:21.400]  only thing you're going to get.
[11:21.400 --> 11:26.040]  Now I can hear you out there right now, but that means they're going to arrest us, yes,
[11:26.040 --> 11:37.680]  it does, but that puts them in a very tenuous position and puts all the aces in your hand
[11:37.680 --> 11:45.760]  because once you decided you were not going to consent to being regulated and these people
[11:45.760 --> 11:55.640]  tried to force you into participating in commerce, they overstepped their bounds.
[11:55.640 --> 12:01.480]  You absolutely cannot be compelled to engage in commerce.
[12:01.480 --> 12:09.360]  You can't and anyone that attempts to compel you to do so is committing a crime against
[12:09.360 --> 12:11.480]  you.
[12:11.480 --> 12:24.760]  And that opens them up to a very large tort, whether they realize it or not, that's irrelevant.
[12:24.760 --> 12:29.280]  What we're not doing and why this system has propagated itself for so long as you've heard
[12:29.280 --> 12:38.640]  me say so many times and time again is because that last step is not being done.
[12:38.640 --> 12:44.120]  Imagine what your children would be like if you let them do everything they want, every
[12:44.120 --> 12:48.440]  time they want, consequences be damned.
[12:48.440 --> 12:54.040]  No matter what they do, you never say a word, you never punish them for it.
[12:54.040 --> 12:57.440]  You may gripe and complain because your favorite lamp gets broke.
[12:57.440 --> 13:02.280]  You may gripe and complain because the youngest child got their eyes shot out with a BB gun,
[13:02.280 --> 13:05.480]  but you never do anything about it.
[13:05.480 --> 13:08.760]  Imagine the household that you would have.
[13:08.760 --> 13:13.680]  Imagine how your kids will be later when they're full grown and on their own.
[13:13.680 --> 13:18.800]  They're going to be a problem for everybody, not just you.
[13:18.800 --> 13:25.120]  But the point is, is that our public servants are no less our children in that regard.
[13:25.120 --> 13:30.720]  The moment they start doing something outside of what they should be doing, they should
[13:30.720 --> 13:35.520]  be held accountable by us, the parent.
[13:35.520 --> 13:40.800]  In this particular case, the method we have for doing that is suing the living tar out
[13:40.800 --> 13:48.480]  of them and they make it easy to do.
[13:48.480 --> 13:53.080]  Nobody can claim immunity for a crime, no matter how much they want you to think they
[13:53.080 --> 13:55.320]  can.
[13:55.320 --> 14:03.240]  Now, every time you run into a court that tries to protect a criminal because he's one
[14:03.240 --> 14:12.040]  of them, all that's doing is making them susceptible to the exact same criminal accusations.
[14:12.040 --> 14:14.000]  And we need to accommodate them as such.
[14:14.000 --> 14:20.440]  Oh, you want to conspire to protect this individual from being held accountable for the crime
[14:20.440 --> 14:21.440]  he committed.
[14:21.440 --> 14:24.640]  Great, then that's criminal conspiracy and organized criminal activity and we're going
[14:24.640 --> 14:28.920]  to roll you right in there with them and sue you too.
[14:28.920 --> 14:38.440]  However, venue for this suit is just as important as deciding to sue.
[14:38.440 --> 14:43.720]  If you try to go after a state official in a state court, your odds are slim to none
[14:43.720 --> 14:51.320]  that you'll get anywhere because the state will protect its own.
[14:51.320 --> 14:56.080]  But in federal court, the odds are a little bit different, at least most of the time if
[14:56.080 --> 14:59.280]  not all the time.
[14:59.280 --> 15:05.760]  So if you're out there and you're wanting to get involved in this movement to get our
[15:05.760 --> 15:12.680]  right to liberty and use of our own property back and to stop being regulated as if we're
[15:12.680 --> 15:18.440]  a commercial entity that's required to let the state take our property and tell us what
[15:18.440 --> 15:24.440]  we can and can't do with it, and we're only allowed to move under their whim and authority,
[15:24.440 --> 15:31.200]  if you are wanting to stop that, then the best thing I can tell you to learn is how
[15:31.200 --> 15:38.480]  to conduct yourself in federal court, above and beyond state court, learn how to conduct
[15:38.480 --> 15:42.600]  a lawsuit in federal court.
[15:42.600 --> 15:47.160]  Because no matter what they're trying to do to you at the state level, you can get it
[15:47.160 --> 15:51.880]  removed to the federal court the moment you can show that the state level process and
[15:51.880 --> 15:57.640]  procedure was used to violate a protected right.
[15:57.640 --> 16:03.280]  If you can show that that violation occurred and that the state refuses or is unwilling
[16:03.280 --> 16:09.400]  to provide you any remedy for that encroachment on your rights, then you are allowed to move
[16:09.400 --> 16:14.920]  it to federal court and nobody can do anything about it.
[16:14.920 --> 16:19.920]  But you have to remove it correctly and you have to keep it in the federal court correctly
[16:19.920 --> 16:25.520]  so you have to couch it correctly when you're preparing for this.
[16:25.520 --> 16:29.360]  And folks, this is all about the record.
[16:29.360 --> 16:33.480]  Just like it is in the local courts, it's the same way in the federal court, it's about
[16:33.480 --> 16:34.480]  the record.
[16:34.480 --> 16:40.520]  So what we need to be doing is knowing how to make that record and make it stick.
[16:40.520 --> 16:43.800]  Okay, we're going to continue on the other side of the break.
[16:43.800 --> 16:51.440]  This is rule of law radio, Eddie Craig, Deborah Stevens, Randy Kelton, call in numbers 512-646-1984.
[16:51.440 --> 17:01.480]  We'll pick this up on the other side of the break.
[17:01.480 --> 17:05.000]  Capital Corn and Bullion is a family owned and operated business that has helped many
[17:05.000 --> 17:09.920]  families and friends in protecting their assets and we would like to do the same for you.
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[17:24.240 --> 17:32.840]  We can even help you set up a metals IRA account, call us at 512-646-640 for more details.
[17:32.840 --> 17:38.200]  As always, we buy, sell and trade precious metals and cater to those with all sizes
[17:38.200 --> 17:39.880]  of coin collections.
[17:39.880 --> 17:46.480]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig, next
[17:46.480 --> 17:49.480]  to the Ichiban Sushi and the Genie Car Wash.
[17:49.480 --> 17:53.600]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[17:53.600 --> 18:00.360]  Visit us at CapitalCornandBullion.com or call 512-646-640.
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[18:46.680 --> 18:49.680]  or email MichaelMeares at yahoo.com.
[18:49.680 --> 18:59.240]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-m at yahoo.com to learn how to stop debt collectors
[18:59.240 --> 19:10.300]  now.
[19:10.300 --> 19:26.800]  Hi folks, we are back at rule of law radio.
[19:26.800 --> 19:31.680]  The call-in number is 512-646-1984.
[19:31.680 --> 19:35.440]  Now we do have a caller on the board, but Jason, if you'll hang on for just a minute,
[19:35.440 --> 19:39.200]  we're going to talk about an article that I was sent for just a minute and then we'll
[19:39.200 --> 19:40.560]  start taking your calls.
[19:40.560 --> 19:45.840]  Again, folks, 512-646-1984 is the call-in number.
[19:45.840 --> 19:51.600]  Okay, I was sent an article that I've been reading over the last couple of days, and
[19:51.600 --> 19:55.320]  this deals specifically with the Texas Appeals Court.
[19:55.320 --> 20:00.040]  Now this is not the Texas Court of Criminal Appeals, this is one of the appeals courts
[20:00.040 --> 20:03.600]  that precedes the Court of Criminal Appeals.
[20:03.600 --> 20:14.120]  Now the gist of this is, this appeals court ruled that if you're pulled over by a cop,
[20:14.120 --> 20:23.160]  no matter what occurs, you're not entitled to the video from the cruiser to use as evidence
[20:23.160 --> 20:25.600]  to show anything about that stop.
[20:25.600 --> 20:29.640]  Now this is what the appeals court said.
[20:29.640 --> 20:36.520]  And what they used to make this opinion was a Supreme Court opinion that said that unless
[20:36.520 --> 20:42.120]  the officers or whoever is responsible for the maintenance of the recording is acting
[20:42.120 --> 20:51.520]  in bad faith, then the evidence, if it's destroyed, can't be claimed as missing or relevant
[20:51.520 --> 20:53.160]  or even useful.
[20:53.160 --> 20:58.200]  And you can't go after them for the destruction of that evidence because they allegedly didn't
[20:58.200 --> 20:59.760]  act in bad faith.
[20:59.760 --> 21:06.560]  And what went on here was the officer that this video belonged to from his cruiser said
[21:06.560 --> 21:09.800]  that he didn't know whether it was working or not, so he had no way of knowing whether
[21:09.800 --> 21:13.200]  or not there was a recording ever even made.
[21:13.200 --> 21:14.920]  So they just destroyed it anyway.
[21:14.920 --> 21:17.320]  Now question.
[21:17.320 --> 21:25.240]  I don't know of any police department anywhere that destroys a tape without reviewing it.
[21:25.240 --> 21:29.680]  And if they reviewed it, they knew dang good and well whether or not there was information
[21:29.680 --> 21:33.880]  on that tape relevant to this stop.
[21:33.880 --> 21:40.440]  And I don't ever recall it being the duty, responsibility or authority of the police
[21:40.440 --> 21:48.560]  department itself to determine whether or not anything in that video was usable as evidence
[21:48.560 --> 21:51.920]  one way or the other.
[21:51.920 --> 21:57.200]  That is something for the prosecution and the defense attorneys to determine, not the
[21:57.200 --> 22:00.560]  cops.
[22:00.560 --> 22:05.280]  Yet the appeals court said it doesn't matter.
[22:05.280 --> 22:12.200]  But what the appeals court apparently didn't address was the Texas Statutes, which says
[22:12.200 --> 22:20.200]  very clearly that that cruiser, if it is equipped with audio video recording equipment, that
[22:20.200 --> 22:27.760]  equipment must be functioning whenever that cruiser is in use.
[22:27.760 --> 22:34.120]  It is not allowed to be on the road if it's equipped with this audio video equipment and
[22:34.120 --> 22:37.480]  it is not functioning properly.
[22:37.480 --> 22:41.040]  End of story.
[22:41.040 --> 22:46.880]  So this idiotic statement by this officer that he didn't know whether or not was recording
[22:46.880 --> 22:49.160]  is just absolutely ludicrous.
[22:49.160 --> 22:56.800]  They are required to verify every piece of equipment on that cruiser prior to every shift
[22:56.800 --> 22:57.800]  change.
[22:57.800 --> 23:03.080]  Well, Eddie, the question that I have is that even if it's true that the officer didn't
[23:03.080 --> 23:08.160]  have a clue as to whether it was actually recording or not, what does that have to do
[23:08.160 --> 23:10.040]  with throwing away the video?
[23:10.040 --> 23:14.080]  I mean, I don't see a connection there.
[23:14.080 --> 23:16.920]  Well, see, the thing is they don't throw it away.
[23:16.920 --> 23:17.920]  They override it.
[23:17.920 --> 23:18.920]  Okay.
[23:18.920 --> 23:19.920]  So they override it.
[23:19.920 --> 23:25.560]  I don't see a connection between I don't know if the equipment is functioning or not
[23:25.560 --> 23:32.160]  and as a result of that statement or as a result of that thought, I'm going to overwrite
[23:32.160 --> 23:35.840]  the video because I didn't know if anything was really there or not.
[23:35.840 --> 23:39.840]  Those two things, those two pieces do not fit together to me.
[23:39.840 --> 23:40.840]  Absolutely.
[23:40.840 --> 23:42.520]  I don't see the logic there.
[23:42.520 --> 23:46.960]  I don't see A does not imply B in my mind.
[23:46.960 --> 23:48.440]  I don't get that.
[23:48.440 --> 23:51.280]  Now this is what the defense attorney said.
[23:51.280 --> 23:56.280]  The officers intentionally destroyed the video and thereby put exculpatory evidence as far
[23:56.280 --> 24:02.080]  as the search is concerned or evidence favorable to the accused out of the reach of the accused.
[24:02.080 --> 24:06.400]  We feel that for no other reason, the search is invalid and any evidence found as a result
[24:06.400 --> 24:08.760]  of that search should be suppressed.
[24:08.760 --> 24:11.160]  The appellate court said no way.
[24:11.160 --> 24:14.920]  Then they went on to say, we agree with the state that the record supports a finding by
[24:14.920 --> 24:18.960]  the district court that the police did not act in bad faith.
[24:18.960 --> 24:24.280]  Now the justice that decided this was Bob Pemberton, obviously someone that regularly
[24:24.280 --> 24:26.680]  attends open bar.
[24:26.680 --> 24:31.720]  The United States Supreme Court has held that unless a criminal defendant could show bad
[24:31.720 --> 24:37.120]  faith on the part of the police, failure to preserve potentially useful evidence does
[24:37.120 --> 24:40.560]  not constitute a denial of due process of law.
[24:40.560 --> 24:47.120]  So now it is up to the defense to prove the police acted in bad faith by destroying evidence.
[24:47.120 --> 24:50.840]  This is an open door to the destruction of evidence.
[24:50.840 --> 24:55.200]  Well, it would seem to me that if they're destroying evidence, that shows bad faith.
[24:55.200 --> 24:58.400]  I mean, that seems like a no-brainer, but apparently not.
[24:58.400 --> 25:02.840]  Actually, it's okay to destroy evidence and that does not imply bad faith.
[25:02.840 --> 25:06.800]  I mean, to me, A, definitely implies B on that situation.
[25:06.800 --> 25:10.920]  So I don't understand, because people are not using proper logic.
[25:10.920 --> 25:11.920]  Yeah.
[25:11.920 --> 25:17.400]  Well, they're definitely not using proper logic, presuming they could even comprehend
[25:17.400 --> 25:20.000]  proper logic.
[25:20.000 --> 25:25.400]  But this, folks, is exactly what we mean when we say the courts are absolutely corrupt.
[25:25.400 --> 25:32.600]  Well, Eddie, in the statute, does it say that the video has to be preserved for a certain
[25:32.600 --> 25:33.600]  length of time?
[25:33.600 --> 25:34.600]  Absolutely.
[25:34.600 --> 25:39.920]  It says all of those recordings must be maintained for a specific period of time in relation to
[25:39.920 --> 25:40.920]  the case.
[25:40.920 --> 25:41.920]  Okay.
[25:41.920 --> 25:45.880]  So that evidence absolutely cannot be destroyed while that case is ongoing.
[25:45.880 --> 25:46.880]  Okay.
[25:46.880 --> 25:50.680]  So did they violate the statute then?
[25:50.680 --> 25:51.680]  Yes, they did.
[25:51.680 --> 25:54.600]  And the court completely ignored it.
[25:54.600 --> 26:00.160]  So this attorney filed a subpoena for the tape within the period of time that the police
[26:00.160 --> 26:04.040]  are required to keep the tape?
[26:04.040 --> 26:05.040]  Correct.
[26:05.040 --> 26:10.440]  Well, then it seems to me like some criminal charges need to get filed against these police
[26:10.440 --> 26:12.880]  for violating the statute, because they violated the statute.
[26:12.880 --> 26:16.080]  Well, unfortunately, the court gave them a pass on it.
[26:16.080 --> 26:20.240]  No, I haven't seen the brief filed by the defense attorney to see whether or not he
[26:20.240 --> 26:27.720]  brought up the specific statutes that require the preservation of the tapes.
[26:27.720 --> 26:30.920]  All I got to read was the information that was in the article and the statements that
[26:30.920 --> 26:33.960]  were excerpted into it from there.
[26:33.960 --> 26:43.880]  But in this case, this is absolutely ludicrous logic, absolutely ludicrous.
[26:43.880 --> 26:54.200]  If it is collected during one of these stops or any other type of investigation, 100% of
[26:54.200 --> 27:02.080]  everything should be logged into evidence, and only the attorneys should be able to look
[27:02.080 --> 27:07.240]  through it and determine whether or not it can be used one way or the other as evidence.
[27:07.240 --> 27:08.240]  Okay.
[27:08.240 --> 27:10.360]  So that part there is not in statute.
[27:10.360 --> 27:14.720]  It's on statute that they have to keep the video for a certain length of time, but it's
[27:14.720 --> 27:20.240]  not required by statute that all the video has to be entered into evidence.
[27:20.240 --> 27:28.040]  Well, preserving it as potential evidence is not the same as introducing it as evidence.
[27:28.040 --> 27:30.320]  It's like finding a cigarette butt at the scene.
[27:30.320 --> 27:34.440]  You don't get to discount it just because you can't identify who was smoking.
[27:34.440 --> 27:35.440]  Okay.
[27:35.440 --> 27:40.320]  So maybe what we need to do is next legislative session, we need to lobby Congress and find
[27:40.320 --> 27:49.040]  a sympathetic Congressperson to sponsor an amendment to this statute that makes it even
[27:49.040 --> 27:56.000]  more clear that they're not only required to preserve the video for potential entering
[27:56.000 --> 28:02.320]  into evidence for a specific length of time, but no, we got to babysit these people even
[28:02.320 --> 28:04.600]  more than that.
[28:04.600 --> 28:09.400]  We have to make it a requirement under statute that they enter all the evidence, all the video
[28:09.400 --> 28:10.680]  into evidence.
[28:10.680 --> 28:14.920]  It's not enough that they're required to preserve it for potential entering into evidence because
[28:14.920 --> 28:16.120]  they'll just destroy it anyway.
[28:16.120 --> 28:19.840]  No, you have to enter it into evidence and you have to enter it in right away.
[28:19.840 --> 28:24.320]  And I think that they should be required by statute to automatically provide the defense
[28:24.320 --> 28:26.440]  with a copy of anything like that.
[28:26.440 --> 28:27.440]  That too.
[28:27.440 --> 28:28.440]  That too.
[28:28.440 --> 28:29.440]  That too.
[28:29.440 --> 28:33.680]  I totally agree because if the corruption is going to reach this level, then it just
[28:33.680 --> 28:40.440]  shows that the immaturity, like you're saying earlier about the babysitting, okay, so now
[28:40.440 --> 28:43.560]  we as parents have to make stricter rules.
[28:43.560 --> 28:44.840]  Exactly.
[28:44.840 --> 28:45.840]  You want to play stupid?
[28:45.840 --> 28:48.560]  Well, we're going to treat you like you're stupid.
[28:48.560 --> 28:49.560]  Exactly.
[28:49.560 --> 28:50.560]  Exactly.
[28:50.560 --> 28:54.480]  But that being said, you ready to take calls?
[28:54.480 --> 28:55.480]  Sure.
[28:55.480 --> 28:58.720]  We only got about a minute before we go to break, but we can start on the calls.
[28:58.720 --> 29:00.560]  We've got Jason from Texas.
[29:00.560 --> 29:03.320]  Jason, thank you for calling in.
[29:03.320 --> 29:06.560]  What is your question for us tonight?
[29:06.560 --> 29:11.600]  Well, I came in and met Eddie on a Sunday, I guess, a Saturday or Sunday down at Breveney
[29:11.600 --> 29:12.600]  Books.
[29:12.600 --> 29:17.440]  And I've spoken with you guys briefly on the phone about two tickets that I have, two
[29:17.440 --> 29:18.440]  citations.
[29:18.440 --> 29:26.400]  And I was kind of wondering, my new court dates are both for bench trial next week.
[29:26.400 --> 29:29.280]  And I'm trying to figure out the best way to go in here.
[29:29.280 --> 29:36.240]  And what court, myself, with, okay, Jason, hang on just a second, we're about to go to
[29:36.240 --> 29:37.240]  break.
[29:37.240 --> 29:38.240]  Keep that in mind.
[29:38.240 --> 29:39.240]  I need to know what court.
[29:39.240 --> 29:41.440]  So keep, be ready to answer that on the other side.
[29:41.440 --> 29:49.720]  Okay, folks, this is rule of law radio, 512-646-1984 is the call in number.
[29:49.720 --> 29:53.920]  This is Eddie Craig, Deborah Stevens, Randy Kelton, we'll be right back on the other side
[29:53.920 --> 30:00.920]  of the break.
[30:00.920 --> 30:04.960]  The rule of law radio network is proud to present a due process of law seminar hosted
[30:04.960 --> 30:06.800]  by our own Eddie Craig.
[30:06.800 --> 30:10.840]  Eddie is a former Nacodotius sheriff's deputy and for the past 21 years he's been studying
[30:10.840 --> 30:15.000]  the due process of law and now offers his knowledge to you at a seminar every Sunday
[30:15.000 --> 30:20.400]  from two o'clock to five o'clock at Brave New Books, located at 1904 Guadalupe Street.
[30:20.400 --> 30:24.560]  That mission is $20, so please make plans to come by and sit with Eddie and learn for
[30:24.560 --> 30:30.360]  yourself what the true intent of law really is.
[30:30.360 --> 30:34.200]  Lawyers can tell you that passing the bar exam takes a lot of work, but for one woman
[30:34.200 --> 30:35.880]  it was literally hard labor.
[30:35.880 --> 30:40.280]  I'm Dr. Catherine Albrecht and I'll be back to tell you of a brave barrister who nearly
[30:40.280 --> 30:43.200]  birthed a baby while taking the test.
[30:43.200 --> 30:48.520]  Your search engine is watching you, recording all your searches and creating a massive database
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[31:13.200 --> 31:16.760]  This story gives new meaning to bellying up to the bar.
[31:16.760 --> 31:20.840]  Alana Dawson, a law school graduate, was nine months pregnant on the day of her Illinois
[31:20.840 --> 31:21.840]  bar exam.
[31:21.840 --> 31:26.040]  She's one tough cookie who whizzed through a three-year law program in two years and
[31:26.040 --> 31:28.600]  already had two federal clerkships lined up.
[31:28.600 --> 31:32.640]  So when Dawson felt labor pains on the day of the test, she showed up anyway.
[31:32.640 --> 31:35.720]  Then halfway through the exam, she went into active labor.
[31:35.720 --> 31:38.840]  But even mind-blowing agony couldn't stop her.
[31:38.840 --> 31:43.120]  She finished every question, turned in the test, then crossed the street to a hospital
[31:43.120 --> 31:47.120]  where she gave birth to a healthy six-pound baby just two hours later.
[31:47.120 --> 31:49.120]  I'm Dr. Catherine Albrecht.
[31:49.120 --> 32:17.120]  More news and information at CatherineAlbrecht.com.
[32:17.120 --> 32:24.120]  All right, folks, we are back to the rule of law radio.
[32:24.120 --> 32:27.960]  512-646-1984 is the call-in number.
[32:27.960 --> 32:31.720]  Right now we are taking your calls and we are on with Jason from Texas.
[32:31.720 --> 32:35.320]  Okay, Jason, you said two traffic tickets.
[32:35.320 --> 32:36.320]  Which court?
[32:36.320 --> 32:38.760]  Just the Austin Municipal Court.
[32:38.760 --> 32:48.920]  I spoke with you about one was accelerating through interception and the other one was
[32:48.920 --> 32:57.440]  disregard posted sign, which was the no-left turn sign that is mechanical and timed, and
[32:57.440 --> 33:05.000]  it's only two hours a day that it flips for no-left turn, down on South First in St. Elmo.
[33:05.000 --> 33:06.000]  Okay.
[33:06.000 --> 33:11.400]  I haven't really been able to learn as much as I'd like with everything else I'm doing
[33:11.400 --> 33:18.160]  right now, but I did set, I sent, I guess I took in a form in person for each one.
[33:18.160 --> 33:23.240]  One was for emotion, for continuance, and one was for dismissal.
[33:23.240 --> 33:28.800]  Okay, how did you wind up in a bench draw?
[33:28.800 --> 33:35.040]  Well, I went down to just speak with, I guess basically I requested to speak with a magistrate
[33:35.040 --> 33:40.520]  down on 7th Street, but then they basically, you know, consider that to be, you know, you
[33:40.520 --> 33:43.880]  want a trial or whatever it is, so I ended up getting a bench draw instead of a jury
[33:43.880 --> 33:44.880]  draw.
[33:44.880 --> 33:47.800]  You signed the little pad, didn't you?
[33:47.800 --> 33:50.240]  I think so.
[33:50.240 --> 33:51.240]  Don't do that.
[33:51.240 --> 33:57.400]  People almost say this again, don't sign the electronic pad.
[33:57.400 --> 33:58.400]  Which pad?
[33:58.400 --> 33:59.400]  You mean at 7th Street down there?
[33:59.400 --> 34:01.920]  Yeah, the one in front of the clerk's window.
[34:01.920 --> 34:02.920]  Okay.
[34:02.920 --> 34:07.320]  I guess I probably did, yeah, because they don't ever do that with my court date and
[34:07.320 --> 34:08.320]  all that.
[34:08.320 --> 34:10.920]  Do you have a seminar material?
[34:10.920 --> 34:11.920]  I don't yet.
[34:11.920 --> 34:16.400]  I actually haven't been able to afford that, and I came in one day and briefly sat with
[34:16.400 --> 34:17.400]  you guys.
[34:17.400 --> 34:24.400]  Hey, you need to figure out how to write yourself a motion to withdraw plea, because they took
[34:24.400 --> 34:30.680]  that and they took your signature without your knowledge or consent, stamped it on a
[34:30.680 --> 34:36.160]  piece of paper, waving your right to a jury trial, and entering a plea for you without
[34:36.160 --> 34:38.400]  your knowledge.
[34:38.400 --> 34:44.360]  That's identity theft and it's fraud.
[34:44.360 --> 34:47.080]  And that's exactly what they're doing down there.
[34:47.080 --> 34:48.080]  Right.
[34:48.080 --> 34:52.880]  Well, I know that everything they do is probably wrong from what I can understand, but...
[34:52.880 --> 34:59.400]  I would definitely consider filing a lawsuit directly against that clerk, the Austin Municipal
[34:59.400 --> 35:04.040]  Court, and Evelyn McKee as the head administrative judge, personally.
[35:04.040 --> 35:08.360]  Now, is this after I go to court and lose on these, or how does...
[35:08.360 --> 35:10.920]  Oh, you can sue them for the fraud anytime.
[35:10.920 --> 35:11.920]  Okay.
[35:11.920 --> 35:13.880]  Because I don't really know how to go in there now.
[35:13.880 --> 35:15.360]  On one of them, I went into court.
[35:15.360 --> 35:18.440]  That's the one I mentioned to you in person down at Brave New Books.
[35:18.440 --> 35:21.640]  I had to post a bond.
[35:21.640 --> 35:26.600]  They wouldn't give me the continuance that day in court, even though the prosecuting side
[35:26.600 --> 35:28.120]  already had one or two.
[35:28.120 --> 35:30.200]  Unless I posted a bond.
[35:30.200 --> 35:34.280]  So I had to post a bond, which was actually more than the ticket, just to give a penalty.
[35:34.280 --> 35:35.280]  Yeah.
[35:35.280 --> 35:36.280]  It's always double.
[35:36.280 --> 35:40.480]  Which was like a month later, and now it's coming up here, August 25th.
[35:40.480 --> 35:42.560]  I usually end up being too busy.
[35:42.560 --> 35:47.400]  I think like most people are, to really learn everything and get confident in being able
[35:47.400 --> 35:48.840]  to go in there and win.
[35:48.840 --> 35:56.480]  But I know the person, obviously, is not even about to see that anywhere as a violation.
[35:56.480 --> 36:00.520]  So I don't... I'm going to jump in here for a second.
[36:00.520 --> 36:03.880]  I can't tell you enough.
[36:03.880 --> 36:07.880]  If you're going to fight these, then you need to make the effort to do it.
[36:07.880 --> 36:10.120]  You have to put the time in it.
[36:10.120 --> 36:15.480]  If you're not going to do that, save yourself a whole lot of heartburn and heartache, because
[36:15.480 --> 36:22.120]  that's exactly what you're going to wind up with, and just give them your wallet now.
[36:22.120 --> 36:23.960]  Because what you're going to do is you're going to go down there and you're going to
[36:23.960 --> 36:27.840]  stand in front of a judge without a jury, and you're going to get railroaded anyway.
[36:27.840 --> 36:35.000]  Guarantee, a bench trial in Austin is the same thing as a flat-out confession of guilt.
[36:35.000 --> 36:42.520]  You will very, very, very rarely win a bench trial in Austin, and their own records prove
[36:42.520 --> 36:43.520]  that.
[36:43.520 --> 36:48.280]  I should have... When I was down there, I should have requested a jury trial then.
[36:48.280 --> 36:49.600]  I think that was an option, but...
[36:49.600 --> 36:56.400]  Well, it is an option, unless you sign the little pad, and they don't tell you what
[36:56.400 --> 36:58.760]  they're taking away from you by doing that.
[36:58.760 --> 36:59.760]  Right.
[36:59.760 --> 37:04.920]  Well, I was under the impression from other sources, I thought I was supposed to by law
[37:04.920 --> 37:08.160]  be able to go down there and speak with a magistrate.
[37:08.160 --> 37:09.160]  You are.
[37:09.160 --> 37:10.160]  That was what you agreed to do.
[37:10.160 --> 37:15.560]  I waited a certain amount of days on the spot, but obviously that's not happening.
[37:15.560 --> 37:16.560]  It's...
[37:16.560 --> 37:19.720]  Well, here's the thing, Jason.
[37:19.720 --> 37:25.240]  It's not happening because you don't demand your right to do what you're there for.
[37:25.240 --> 37:30.200]  You let them tell you what you're doing, rather than you telling them what the law says you
[37:30.200 --> 37:32.920]  and they are supposed to be doing.
[37:32.920 --> 37:35.680]  That's where the learning about it part comes in.
[37:35.680 --> 37:39.400]  You can't tell them, no, we're not doing it that way.
[37:39.400 --> 37:45.040]  Either get me a magistrate or dismiss the case, put in a dismissal order, something.
[37:45.040 --> 37:50.120]  I don't care, but I'm here in compliance and it says I'm here to see a magistrate, not
[37:50.120 --> 37:52.320]  a clerk.
[37:52.320 --> 37:53.820]  Get me a magistrate.
[37:53.820 --> 37:54.820]  Okay.
[37:54.820 --> 38:00.840]  Now it's too late to do that, obviously, but I guess I just don't know enough going in
[38:00.840 --> 38:02.360]  on these things at this point.
[38:02.360 --> 38:06.320]  Well, that's most folks problem, and that's the reason why I hold the classes on Sunday.
[38:06.320 --> 38:07.400]  But now, another question.
[38:07.400 --> 38:10.320]  Is it... You guys are going to be there on Sunday again?
[38:10.320 --> 38:11.320]  I don't know if it's worth...
[38:11.320 --> 38:14.560]  Every Sunday, two to five, unless it's a holiday Sunday.
[38:14.560 --> 38:15.560]  Okay.
[38:15.560 --> 38:21.520]  I did get my, I guess the two files you had mentioned to go get all the files for everything,
[38:21.520 --> 38:27.400]  so I got both of those, but I don't really know what I'm supposed to do with it.
[38:27.400 --> 38:32.320]  Did they give you a copy of the complaint yet?
[38:32.320 --> 38:33.320]  What does that look like?
[38:33.320 --> 38:36.840]  I mean, does it say it's a complaint or what... I don't know what...
[38:36.840 --> 38:37.840]  Yeah.
[38:37.840 --> 38:42.360]  Across the top of it, it will say complaint, and beneath that, or somewhere there, it should
[38:42.360 --> 38:51.640]  say in the name and by the authority of the state of Texas, and it should end on the body
[38:51.640 --> 38:56.480]  of the complaint with, against the peace and dignity of the state.
[38:56.480 --> 39:01.240]  I have to go through it all again.
[39:01.240 --> 39:02.880]  These are both about a half-inch thick.
[39:02.880 --> 39:10.880]  I don't really know that I saw it... Well, here we go, complaint, okay.
[39:10.880 --> 39:14.160]  When did you get that?
[39:14.160 --> 39:15.960]  I just got that the other day.
[39:15.960 --> 39:17.280]  It was... Wait, wait, wait.
[39:17.280 --> 39:19.560]  I have no frame of reference for the other day.
[39:19.560 --> 39:20.560]  Give me a date.
[39:20.560 --> 39:21.560]  Let's see.
[39:21.560 --> 39:22.560]  It was this week.
[39:22.560 --> 39:31.640]  I don't know if it was Monday or Tuesday.
[39:31.640 --> 39:34.120]  When was the first time you appeared in court?
[39:34.120 --> 39:39.040]  Well, one, I haven't been to court and...
[39:39.040 --> 39:43.200]  Wait, how did you get a continuance if you didn't go to court?
[39:43.200 --> 39:50.880]  Well, on one, I did get a continuance after they had rescheduled a few times on their
[39:50.880 --> 39:51.880]  own.
[39:51.880 --> 39:57.440]  They kept sending me letters saying that... When did they schedule you to appear in court?
[39:57.440 --> 39:59.640]  Let's see.
[39:59.640 --> 40:08.400]  Well, I was scheduled to appear back July 22nd, then they changed it to August.
[40:08.400 --> 40:12.280]  I think that one's August 22nd, now or maybe August 25th.
[40:12.280 --> 40:14.560]  I guess that one's August 25th.
[40:14.560 --> 40:15.560]  Okay.
[40:15.560 --> 40:20.520]  And have you appeared before magistrate for any purpose?
[40:20.520 --> 40:24.440]  If you paid a bond, I would have to say the answer to that is yes.
[40:24.440 --> 40:26.680]  Well, that one I didn't pay the bond.
[40:26.680 --> 40:28.960]  That was the other one.
[40:28.960 --> 40:33.320]  I know it's kind of confusing with two that are basically at the same time, but... Okay.
[40:33.320 --> 40:36.920]  We're going to need to take this offline because there's too many holes in your details for
[40:36.920 --> 40:38.760]  me to tell you what you need to be doing here.
[40:38.760 --> 40:42.200]  Well, I'll probably come down Sunday then if I can.
[40:42.200 --> 40:43.200]  Okay.
[40:43.200 --> 40:44.200]  That'll be fine.
[40:44.200 --> 40:45.200]  Over that with you guys.
[40:45.200 --> 40:47.520]  That's two to six, right?
[40:47.520 --> 40:51.520]  Well, it usually runs to six, but it's scheduled for two to five.
[40:51.520 --> 40:52.520]  Two to five.
[40:52.520 --> 40:55.880]  Yeah, that's kind of what I was curious if I can come down to that and talk with you
[40:55.880 --> 40:57.480]  in person about both of these.
[40:57.480 --> 40:58.480]  Yes, you can.
[40:58.480 --> 41:03.160]  We'll have to be after class unless we are able to do it during class, but we'll cover
[41:03.160 --> 41:04.160]  that on Sunday.
[41:04.160 --> 41:05.160]  Okay?
[41:05.160 --> 41:06.160]  Yeah, let's do that then.
[41:06.160 --> 41:07.160]  Okay.
[41:07.160 --> 41:08.160]  Thanks, Connie and Jason.
[41:08.160 --> 41:09.160]  Sure.
[41:09.160 --> 41:10.160]  Bye.
[41:10.160 --> 41:11.160]  Bye.
[41:11.160 --> 41:12.160]  Okay.
[41:12.160 --> 41:14.160]  We're going to go to Fritz in Montana.
[41:14.160 --> 41:15.160]  Or is this in Missouri?
[41:15.160 --> 41:16.160]  Fritz in Missouri.
[41:16.160 --> 41:17.160]  Missouri.
[41:17.160 --> 41:18.160]  Okay.
[41:18.160 --> 41:19.160]  Yes, sir.
[41:19.160 --> 41:20.160]  How are you tonight?
[41:20.160 --> 41:21.160]  All right, Fritz.
[41:21.160 --> 41:22.160]  What can we do for you?
[41:22.160 --> 41:26.920]  Well, I had a little kind of an exciting day yesterday when I looked up from...
[41:26.920 --> 41:27.920]  Wait.
[41:27.920 --> 41:28.920]  Hold on a second.
[41:28.920 --> 41:30.480]  Fritz, are you on a speaker phone?
[41:30.480 --> 41:33.640]  I'm on a microphone phone.
[41:33.640 --> 41:34.640]  On a microphone phone?
[41:34.640 --> 41:36.280]  He's calling on Skype.
[41:36.280 --> 41:37.760]  I'm on an iBook.
[41:37.760 --> 41:38.760]  Okay.
[41:38.760 --> 41:42.440]  Can you try to get the microphone a little bit closer to your mouth because you sound
[41:42.440 --> 41:44.160]  kind of like off in the distance?
[41:44.160 --> 41:47.360]  Well, this is a big wooden room with a cathedral ceiling.
[41:47.360 --> 41:48.360]  I apologize.
[41:48.360 --> 41:49.360]  Yeah.
[41:49.360 --> 41:50.360]  Yeah.
[41:50.360 --> 41:51.360]  Just get the microphone closer to your mouth.
[41:51.360 --> 41:52.360]  Okay.
[41:52.360 --> 41:53.360]  It's about eight inches from my mouth now.
[41:53.360 --> 41:54.360]  Okay.
[41:54.360 --> 41:55.360]  Thanks.
[41:55.360 --> 41:56.360]  Okay.
[41:56.360 --> 41:58.360]  And I got headphones on so you don't get any talk there.
[41:58.360 --> 41:59.360]  Okay.
[41:59.360 --> 42:00.360]  Okay.
[42:00.360 --> 42:05.400]  I was sitting at my computer in my skivvies yesterday about noon and I looked up and saw
[42:05.400 --> 42:08.960]  a man peering into my back door.
[42:08.960 --> 42:14.880]  And then when he saw that I saw him, he knocked and I went to the door and he announced himself
[42:14.880 --> 42:18.600]  as a census worker.
[42:18.600 --> 42:20.280]  And what was my address?
[42:20.280 --> 42:23.440]  Well, my address is at the end of the driveway.
[42:23.440 --> 42:27.040]  It's a big green county sign that the county put up there.
[42:27.040 --> 42:29.520]  So I was suspicious right away.
[42:29.520 --> 42:34.600]  So I told him it was a matter of public record and he could look it up in town.
[42:34.600 --> 42:37.760]  And then he asked me, well, couldn't I just confirm the name of the street?
[42:37.760 --> 42:41.640]  And I said, well, that's posted up at the end of the road there where it meets the highway
[42:41.640 --> 42:45.640]  and he's on private property and he should leave.
[42:45.640 --> 42:46.640]  So he left.
[42:46.640 --> 42:49.280]  He backed off, got in his car and pulled out.
[42:49.280 --> 42:53.200]  He pulled out to the road, our private road and sat there for another, I don't know, three,
[42:53.200 --> 42:56.720]  four, five minutes and drove off.
[42:56.720 --> 43:01.320]  And I thought about it for a minute or two to decide I'd better find out who he was.
[43:01.320 --> 43:03.160]  He didn't give me a business card or anything.
[43:03.160 --> 43:06.640]  So I threw on some shorts and drove into town.
[43:06.640 --> 43:09.200]  I caught up with him at the light about three miles from here.
[43:09.200 --> 43:14.440]  Stoplight wrote down his license number, came back home, got my recording device, went to
[43:14.440 --> 43:19.240]  the sheriff's department, talked to the lady behind the glass.
[43:19.240 --> 43:23.400]  And I told her what happened and she said, oh, well, do you live in Richwoods, which
[43:23.400 --> 43:25.600]  is a town 30 miles from here?
[43:25.600 --> 43:26.600]  I said, no, why?
[43:26.600 --> 43:30.040]  She said, well, because we got a call like this yesterday.
[43:30.040 --> 43:35.280]  So we, she ran the plate and apparently my eyes aren't as good as I thought.
[43:35.280 --> 43:41.920]  I wrote a couple, got a couple numbers wrong and, uh, okay, Chris, we're going to go to
[43:41.920 --> 43:42.920]  break.
[43:42.920 --> 43:43.920]  Hang on just a second.
[43:43.920 --> 43:45.920]  We'll let you finish this up on the other side.
[43:45.920 --> 43:46.920]  Okay.
[43:46.920 --> 43:49.640]  All right, folks, this is rule of law radio.
[43:49.640 --> 43:54.000]  Call in number is 512-646-1984.
[43:54.000 --> 43:55.000]  Give us a call.
[43:55.000 --> 43:58.000]  We'll talk to you on the other side of the break.
[43:58.000 --> 44:03.400]  Hey, did you hear Ron Paul has announced he's running for president in 2012?
[44:03.400 --> 44:04.880]  Hey, this is Ron Paul.
[44:04.880 --> 44:05.880]  Really?
[44:05.880 --> 44:07.120]  Okay, put down the cell phone for one minute.
[44:07.120 --> 44:10.080]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[44:10.080 --> 44:13.520]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[44:13.520 --> 44:14.520]  Of course you do.
[44:14.520 --> 44:15.520]  Now, listen closely.
[44:15.520 --> 44:18.680]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[44:18.680 --> 44:20.440]  his message before it's too late.
[44:20.440 --> 44:23.160]  They have all of his books and many of the books he talks about.
[44:23.160 --> 44:26.800]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support
[44:26.800 --> 44:27.800]  for him during the campaign.
[44:27.800 --> 44:28.800]  Brave New Books.
[44:28.800 --> 44:30.800]  Do they have Harry Potter and Twilight?
[44:30.800 --> 44:35.040]  No, but they do carry a large selection of survival and preparedness books to protect
[44:35.040 --> 44:36.520]  your family in time of emergency.
[44:36.520 --> 44:39.280]  Ugh, that sounds like that show in the Discovery Channel.
[44:39.280 --> 44:43.200]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills
[44:43.200 --> 44:47.080]  School that you can sign up for on the website bravenewbooksstore.com.
[44:47.080 --> 44:48.080]  What are you doing?
[44:48.080 --> 44:51.520]  I'm tweeting all my friends that they should go to bravenewbooksstore.com or down to the
[44:51.520 --> 44:53.520]  bookstore in person.
[44:53.520 --> 44:54.520]  Where's it located?
[44:54.520 --> 44:55.520]  1904 Guadalupe Street.
[44:55.520 --> 44:56.520]  There, it's set.
[44:56.520 --> 44:59.520]  I even made a smiley face.
[44:59.520 --> 45:00.520]  Great.
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[46:25.200 --> 46:28.200]  Alright folks, we are back rule of law radio.
[46:28.200 --> 46:32.200]  Call in number is 512-646-1984.
[46:32.200 --> 46:36.200]  It is Thursday, August 18, 2011.
[46:36.200 --> 46:39.200]  Julius Paula Dan, we see you on the board there, so please hang on.
[46:39.200 --> 46:42.200]  We're going to finish up with Fritz and we'll get right on the list here.
[46:42.200 --> 46:44.200]  Alright Fritz, please continue.
[46:44.200 --> 46:48.200]  You followed this person in, you went to the Sheriff's Department after writing down his
[46:48.200 --> 46:49.200]  license number.
[46:49.200 --> 46:53.200]  They said they had a similar call from the next town over.
[46:53.200 --> 46:56.200]  And you said you got a couple of the numbers wrong on the plate.
[46:56.200 --> 47:00.200]  So when she ran the plate, they couldn't, they didn't come up with anything and we
[47:00.200 --> 47:05.200]  chatted for a minute and we theorized that maybe it was somebody stalking or staking
[47:05.200 --> 47:07.200]  out houses, you know.
[47:07.200 --> 47:12.200]  And I said, well, gee whiz, you know, I guess maybe I'll drive around town on the way home
[47:12.200 --> 47:16.200]  for a few minutes and see if I spot him again and verify the number.
[47:16.200 --> 47:20.200]  And I did and I didn't see him, but on the way back on the highway, which counts about
[47:20.200 --> 47:21.200]  three miles from here.
[47:21.200 --> 47:25.200]  I did see him pulled over in somebody else's driveway and talking to someone.
[47:25.200 --> 47:31.200]  So I went on home and then I got my camera.
[47:31.200 --> 47:34.200]  I decided I was going to go back out and look for him.
[47:34.200 --> 47:39.200]  And I, fortunately, you know, I went the right direction.
[47:39.200 --> 47:44.200]  I went down the highway instead of towards town and I did spot him about a mile down
[47:44.200 --> 47:50.200]  the road, just cresting over somebody else's private gravel road, posted no trespassing
[47:50.200 --> 47:53.200]  on both sides of the road.
[47:53.200 --> 48:00.200]  And so I waited for him to exit because I didn't want to trespass too and confronted
[48:00.200 --> 48:01.200]  him.
[48:01.200 --> 48:04.200]  Well, then he rolled his window down and handed me his business card, but he wouldn't tell
[48:04.200 --> 48:06.200]  me why he was there or what his authority was.
[48:06.200 --> 48:09.200]  And he just said, call the guy on the business card.
[48:09.200 --> 48:10.200]  And I took my time.
[48:10.200 --> 48:15.200]  I took a few pictures of him and the picture of his license plate and the picture of him
[48:15.200 --> 48:22.200]  in the car with the no trespassing sign in the back and went and got in my car and went
[48:22.200 --> 48:23.200]  home.
[48:23.200 --> 48:27.200]  And then I called the sheriff's department again, the lady behind the glass who turns
[48:27.200 --> 48:32.200]  out she was a deputy, but she was in street clothes and told her that I'd located the
[48:32.200 --> 48:38.200]  man and I had the right number and she said in the meantime that she had called the Census
[48:38.200 --> 48:43.200]  Bureau and that they had someone in the area and he had the right to go wherever he wanted.
[48:43.200 --> 48:48.200]  He was doing a survey and I said, well, I thought the census was last year and apparently
[48:48.200 --> 48:55.200]  they do other surveys too for the Commerce Department besides enumeration and so on and
[48:55.200 --> 48:56.200]  so forth.
[48:56.200 --> 49:01.200]  I wasn't, didn't feel like I was getting anywhere, so I got back in my car to drive to the county
[49:01.200 --> 49:06.200]  courthouse and talk to the presiding commissioner who I'm acquainted with and who's acquainted
[49:06.200 --> 49:07.200]  with me.
[49:07.200 --> 49:15.200]  And lo and behold, the guy's back in my private neighborhood again in my neighbor's driveway.
[49:15.200 --> 49:19.200]  So I approached him again, knocked on the window, he rolled down the window and I asked
[49:19.200 --> 49:23.200]  him again why he was there, told him it was private property all the way out to the highway,
[49:23.200 --> 49:28.200]  the road's privately on the road, the association owns the road, so I'm an owner standing on
[49:28.200 --> 49:33.200]  my road asking him to leave, but he didn't think he had to follow that rule and then
[49:33.200 --> 49:37.200]  he drove around my car and then he went to another neighbor's, he was just going to keep
[49:37.200 --> 49:38.200]  going.
[49:38.200 --> 49:43.200]  And it appeared what he was doing was cataloging the buildings, you know, the structures.
[49:43.200 --> 49:46.200]  Right, and that's exactly what they're doing.
[49:46.200 --> 49:52.500]  Yeah, he had a laptop mounted in his minivan, you know, and probably a GPS system and he
[49:52.500 --> 49:57.200]  was looking at the houses and making data entries and so on, so that was kind of the
[49:57.200 --> 49:59.200]  end of the day yesterday.
[49:59.200 --> 50:04.200]  This morning I followed up on it a little, nobody went, oh, I called, well, when I called,
[50:04.200 --> 50:09.200]  tell him back in the neighborhood here, then I called the chair, the lady at the chair's
[50:09.200 --> 50:13.200]  apartment for the third time and requested that they send a deputy out and I waited
[50:13.200 --> 50:17.200]  until 5 p.m. and they never sent anyone out.
[50:17.200 --> 50:22.200]  So this morning I went into town again, kind of poke around, see what I could find out
[50:22.200 --> 50:25.200]  and they're all, you know, they're all protecting him.
[50:25.200 --> 50:28.200]  He has the right to go wherever he wants.
[50:28.200 --> 50:30.200]  Oh, no, he doesn't have the right to go wherever he wants.
[50:30.200 --> 50:32.200]  He cannot go on private property.
[50:32.200 --> 50:33.200]  He absolutely can.
[50:33.200 --> 50:37.200]  If he's been told not to trespass, he can't go there.
[50:37.200 --> 50:42.200]  Well, she said that only applied to my property, but I couldn't tell him to get off my neighbor's
[50:42.200 --> 50:43.200]  property if my neighbor wants to go home.
[50:43.200 --> 50:44.200]  That's true.
[50:44.200 --> 50:48.200]  You can, not unless the neighbor has left the property in your care.
[50:48.200 --> 50:49.200]  Yes.
[50:49.200 --> 50:57.200]  Now, if you guys had established a neighborhood watch and had an agreement that in that particular
[50:57.200 --> 51:03.200]  situation that the members of the neighborhood watch could speak for the homeowner in that
[51:03.200 --> 51:08.200]  regard, then he would have to leave or he would face criminal charges.
[51:08.200 --> 51:09.200]  Yes.
[51:09.200 --> 51:15.200]  Well, I was saying, you know, there's a common road involved that I am an owner of, but
[51:15.200 --> 51:17.200]  in any event...
[51:17.200 --> 51:18.200]  That's true.
[51:18.200 --> 51:23.200]  However, is that road open to the general public to go in and out?
[51:23.200 --> 51:28.200]  Only if they trespass.
[51:28.200 --> 51:32.200]  Is that road itself marked as no trespassing?
[51:32.200 --> 51:33.200]  Yes.
[51:33.200 --> 51:40.200]  Private property, boss lake, owner's association, only, you know, no admittance except by invitation
[51:40.200 --> 51:41.200]  type of thing.
[51:41.200 --> 51:42.200]  Okay.
[51:42.200 --> 51:46.200]  Then yes, he is trespassing if that community has set that up that way.
[51:46.200 --> 51:47.200]  Yeah.
[51:47.200 --> 51:51.200]  So you need to press charges against him for trespassing?
[51:51.200 --> 51:52.200]  Yes.
[51:52.200 --> 51:53.200]  Yes.
[51:53.200 --> 51:59.200]  It would seem like that, wouldn't it?
[51:59.200 --> 52:03.800]  I did call his boss this morning in Kansas City or the man he told me to call that would
[52:03.800 --> 52:12.200]  tell me where the source of the authority was and we had a long talk which I recorded
[52:12.200 --> 52:17.200]  and I requested that he send me any documents that showed, you know, the basis of their
[52:17.200 --> 52:22.200]  authority and the constitutional right that he had to peep in my windows and so on.
[52:22.200 --> 52:29.200]  And finally, at the end of the day, I got an email response from this supervisor, boss,
[52:29.200 --> 52:35.200]  and he sent me one page out of Title 13 and it's the Chapter 7 Offenses and Penalties.
[52:35.200 --> 52:41.200]  So he sent me the penalty page of what they could penalize me with for not cooperating
[52:41.200 --> 52:43.200]  and that's what he said is the basis.
[52:43.200 --> 52:46.200]  The only thing that you are required to cooperate, I know about this statute.
[52:46.200 --> 52:47.200]  I've dealt with the census before.
[52:47.200 --> 52:52.200]  The only thing that you're required statutory to cooperate with is to tell them on the census
[52:52.200 --> 52:57.200]  form how many people live at that property.
[52:57.200 --> 52:58.200]  That's it.
[52:58.200 --> 53:00.200]  You don't have to tell them your race.
[53:00.200 --> 53:02.200]  You don't have to tell them your name.
[53:02.200 --> 53:06.700]  You don't have to tell them your gender or your income level or whether you own the place
[53:06.700 --> 53:09.200]  or anything like that at all.
[53:09.200 --> 53:15.200]  That's the only thing you're statutorily required to tell them is how many people reside at that
[53:15.200 --> 53:16.200]  property.
[53:16.200 --> 53:17.200]  That's it.
[53:17.200 --> 53:22.200]  And if you don't comply, it's $100 fine and I think there's one case in the history of
[53:22.200 --> 53:25.200]  the United States where they actually prosecuted somebody for the $100.
[53:25.200 --> 53:26.200]  Right.
[53:26.200 --> 53:28.200]  And the census was last year.
[53:28.200 --> 53:29.200]  Yeah.
[53:29.200 --> 53:33.200]  What they're doing, what they're doing is they're going around and they're taking GPS
[53:33.200 --> 53:38.200]  readings of the front porch of every residence in the United States.
[53:38.200 --> 53:44.200]  The census already said that they were going to do that and they completed most of that
[53:44.200 --> 53:48.200]  work last year when they were knocking on people's doors.
[53:48.200 --> 53:50.200]  Yes.
[53:50.200 --> 53:56.200]  And coincidentally, I put a note in the mailbox of the man down the street where I witnessed
[53:56.200 --> 54:00.200]  him enter yesterday and he just called me just before your show started.
[54:00.200 --> 54:05.200]  Well, it turns out I wanted to let him know that the guy had been on his property.
[54:05.200 --> 54:09.200]  And he said, oh, I did this two years ago for the Census Bureau and they gave me the little
[54:09.200 --> 54:12.200]  GPS device and we went to the front doors and yada, yada, yada.
[54:12.200 --> 54:15.200]  And then they put a notice in the paper.
[54:15.200 --> 54:17.200]  So he didn't seem too upset about it.
[54:17.200 --> 54:21.200]  But I got this peeping in the window issue.
[54:21.200 --> 54:23.200]  Well, he was trespassing on your property.
[54:23.200 --> 54:28.200]  You need to file trespass charges against him.
[54:28.200 --> 54:29.200]  Yes.
[54:29.200 --> 54:39.200]  Now, this Chapter 7, the penalty page also mentions that if you refuse to give egress
[54:39.200 --> 54:47.200]  or ingress and so on, which I did kind of try and block him, casually block him a couple
[54:47.200 --> 54:53.200]  times with my car, but he drove around, you know, down here in the other part of the neighborhood.
[54:53.200 --> 55:00.200]  That would only apply if the road is a public road or if you're physically trying to block
[55:00.200 --> 55:03.200]  him on the sidewalk from walking up to your front porch.
[55:03.200 --> 55:10.200]  Like say most neighborhoods that aren't private communities where you're talking about a neighborhood
[55:10.200 --> 55:16.200]  where the roads are public roads and there's a public sidewalk system along the easement
[55:16.200 --> 55:21.200]  and then there's a sidewalk that goes from the road up to your front porch.
[55:21.200 --> 55:26.200]  That's still private property, but that's considered public access to your house.
[55:26.200 --> 55:32.200]  Now, if you try to block ingress or egress in that situation, that would be a violation of that statute.
[55:32.200 --> 55:33.200]  But that's not your situation.
[55:33.200 --> 55:40.200]  You have a private community and the road itself leading to the individual properties is a private
[55:40.200 --> 55:43.200]  road and I highly suggest you gate it.
[55:43.200 --> 55:49.200]  You don't need to put up a gate with a lock, with a combination lock or only the residents
[55:49.200 --> 55:51.200]  have the combination.
[55:51.200 --> 55:54.200]  Okay, so that statute does not apply in your situation.
[55:54.200 --> 55:56.200]  You need to file criminal charges against him for trespass.
[55:56.200 --> 55:58.200]  It's all there is to it.
[55:58.200 --> 56:03.200]  And can I go to the magistrate, is the county commissioner also the magistrate?
[56:03.200 --> 56:05.200]  It's different in every state.
[56:05.200 --> 56:08.200]  Can I run this by him first?
[56:08.200 --> 56:09.200]  Would that make sense?
[56:09.200 --> 56:11.200]  Well, you would file it with him.
[56:11.200 --> 56:12.200]  Yes.
[56:12.200 --> 56:18.200]  Okay, because of course the sheriff's department, they don't think anything was done wrong.
[56:18.200 --> 56:22.200]  Well, it doesn't matter anyway because the sheriff's department is not a filing entity.
[56:22.200 --> 56:25.200]  You don't file a criminal complaint with the sheriff's department.
[56:25.200 --> 56:31.200]  I mean, you could file a report with them, but that's not a verified criminal complaint.
[56:31.200 --> 56:37.200]  Criminal complaints are filed with a magistrate or with a district attorney or with a grand jury.
[56:37.200 --> 56:39.200]  For the court clerk?
[56:39.200 --> 56:40.200]  No.
[56:40.200 --> 56:41.200]  No, generally no.
[56:41.200 --> 56:43.200]  You don't file it with a court clerk.
[56:43.200 --> 56:46.200]  You file it with a magistrate or justice of the peace.
[56:46.200 --> 56:52.200]  Any judge is generally also a magistrate or the mayor.
[56:52.200 --> 56:56.200]  Now, this is in Texas what I'm telling you here.
[56:56.200 --> 56:57.200]  Okay.
[56:57.200 --> 57:02.200]  Or you file it with a district attorney or you go directly to the grand jury.
[57:02.200 --> 57:05.200]  I wouldn't even bother with the law enforcement.
[57:05.200 --> 57:06.200]  Right.
[57:06.200 --> 57:08.200]  This is a matter for the district attorney.
[57:08.200 --> 57:10.200]  You can't take it directly to the court of federal claims.
[57:10.200 --> 57:13.200]  The United States court of federal claims is suing there.
[57:13.200 --> 57:17.200]  You could sue him, but I was talking about criminal complaint for trespass.
[57:17.200 --> 57:21.200]  Yeah, because trespass isn't, that's not much of a crime.
[57:21.200 --> 57:23.200]  Criminal trespass is.
[57:23.200 --> 57:24.200]  What about voyeurism?
[57:24.200 --> 57:29.200]  He said criminal trespass is.
[57:29.200 --> 57:32.200]  Criminal trespass is jail.
[57:32.200 --> 57:33.200]  Uh-huh.
[57:33.200 --> 57:44.200]  And if you warned him not to trespass on the property and he did it anyway in a subsequent time and place, then that's criminal trespass.
[57:44.200 --> 57:49.200]  And then, of course, I witnessed him trespass on other properties as well other than my own.
[57:49.200 --> 57:52.200]  You can only complain if the property was yours.
[57:52.200 --> 57:53.200]  Okay.
[57:53.200 --> 57:57.200]  And if that road is set up the way you're talking about, then that would comply.
[57:57.200 --> 57:58.200]  Yeah.
[57:58.200 --> 58:03.200]  And he did at one point ask me what my problem was and I said my problem was your trespassing.
[58:03.200 --> 58:08.200]  And the polo counter told me if I saw something, I should say something.
[58:08.200 --> 58:11.200]  Well, I'm saying something.
[58:11.200 --> 58:12.200]  Okay.
[58:12.200 --> 58:15.200]  Was that going to wrap it up there, Brits?
[58:15.200 --> 58:16.200]  All right.
[58:16.200 --> 58:18.200]  We've got four other callers on the line.
[58:18.200 --> 58:19.200]  They're a criminal complaint.
[58:19.200 --> 58:22.200]  Maybe we could, there are claims we could talk about that later sometime.
[58:22.200 --> 58:23.200]  Okay.
[58:23.200 --> 58:24.200]  Great.
[58:24.200 --> 58:25.200]  Thank you.
[58:25.200 --> 58:26.200]  Thank you.
[58:26.200 --> 58:27.200]  Thanks, Fritz.
[58:27.200 --> 58:28.200]  All right.
[58:28.200 --> 58:29.200]  We're going to our top of the hour break.
[58:29.200 --> 58:30.200]  We've got Julius, Paula, Dan, and Bill.
[58:30.200 --> 58:32.200]  We'll be taking your calls on the other side.
[58:32.200 --> 58:36.200]  If you'd like to call in, call in tonight because tomorrow night we're running an archive.
[58:36.200 --> 58:40.200]  Randy is not going to be here tomorrow night either.
[58:40.200 --> 58:44.200]  So folks, call in 512-646-1984.
[58:44.200 --> 58:47.200]  We'll see you on the other side of the break.
[58:47.200 --> 58:49.200]  Thank you.
[59:17.200 --> 59:19.200]  The Recovery Version.
[59:19.200 --> 59:23.200]  First, this new translation is extremely faithful and accurate.
[59:23.200 --> 59:28.200]  But the real story is the more than 9,000 explanatory footnotes.
[59:28.200 --> 59:33.200]  Difficult and profound passages are opened up in a marvelous way, providing an entrance
[59:33.200 --> 59:38.200]  into the riches of the word beyond which you've ever experienced before.
[59:38.200 --> 59:43.200]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.200 --> 59:53.200]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.200 --> 59:57.200]  or by ordering online at freestudybible.com.
[59:57.200 --> 01:00:24.200]  That's freestudybible.com.
[01:00:24.200 --> 01:00:30.200]  Venezuelan President Hugo Chavez said Wednesday he'll nationalize the gold industry, including extraction
[01:00:30.200 --> 01:00:35.200]  and processing, and use its output to boost the country's international reserves.
[01:00:35.200 --> 01:00:40.200]  The announcement came a day after an opposition legislator revealed a report showing top government
[01:00:40.200 --> 01:00:48.200]  finance officials had recommended repatriating 90% of Venezuela's gold reserves held abroad.
[01:00:48.200 --> 01:00:52.200]  Peru temporarily suspended the eradication of coca plants this week.
[01:00:52.200 --> 01:00:57.200]  The base ingredient of cocaine as it works to redesign its anti-drug programs.
[01:00:57.200 --> 01:01:03.200]  Coca has been commonly used in Peru and other Andean nations for centuries and plays an important role
[01:01:03.200 --> 01:01:05.200]  in indigenous culture.
[01:01:05.200 --> 01:01:11.200]  U.S. officials fighting the so-called war on drugs in the region expressed surprise and concern.
[01:01:11.200 --> 01:01:17.200]  Thousands of protesters turned out Wednesday after veteran Indian activist Anna Hazar was arrested
[01:01:17.200 --> 01:01:23.200]  along with hundreds of his supporters ahead of Hazar's proposed anti-graft hunger strike.
[01:01:23.200 --> 01:01:28.200]  Hazar's arrests sparked demonstrations in cities across the country, including the capital,
[01:01:28.200 --> 01:01:33.200]  Delhi, northeast Assam state, and the country's financial center, Mumbai.
[01:01:33.200 --> 01:01:38.200]  In the technology hub of Hyderabad, lawyers boycotted courts, students walked out of class,
[01:01:38.200 --> 01:01:40.200]  and hundreds took to the streets.
[01:01:40.200 --> 01:01:46.200]  Hazar ended a four-day hunger strike in April after the government set up a committee to draft legislation
[01:01:46.200 --> 01:01:49.200]  to create an anti-corruption ombudsman.
[01:01:49.200 --> 01:01:53.200]  The committee included Hazar and other non-elected activists.
[01:01:53.200 --> 01:01:56.200]  Legislation was introduced in India's parliament early this month,
[01:01:56.200 --> 01:02:02.200]  but Hazar demanded it be made tougher to include the prime minister and the judiciary.
[01:02:02.200 --> 01:02:07.200]  Jane Goodall, the world's most prominent chimpanzee advocate, said recently,
[01:02:07.200 --> 01:02:10.200]  keeping chimps captive in labs is torture.
[01:02:10.200 --> 01:02:15.200]  Last week, a committee of the Institute of Medicine, part of the National Academy of Sciences,
[01:02:15.200 --> 01:02:19.200]  to deliberate the fate of nearly all of the world's remaining medical research chimps.
[01:02:19.200 --> 01:02:24.200]  The European Union banned the practice last year, leaving the U.S. and Gabon
[01:02:24.200 --> 01:02:28.200]  as the only countries still conducting medical research on chimps.
[01:02:28.200 --> 01:02:33.200]  Last year, the National Institutes of Health announced it would move 200 older apes
[01:02:33.200 --> 01:02:37.200]  from a facility in New Mexico to a research lab in Texas.
[01:02:37.200 --> 01:02:42.200]  A parade of politicians, activists, and celebrities mounted a campaign against the move
[01:02:42.200 --> 01:02:46.200]  until NIH relented, transferring just 14 of the animals
[01:02:46.200 --> 01:03:15.200]  before charging the Institute of Medicine with arbitrating the issue in January.
[01:03:16.200 --> 01:03:21.200]  The National Institute of Medicine, part of the National Institute of Medicine,
[01:03:21.200 --> 01:03:26.200]  was founded in the late 19th century by the United Nations
[01:03:26.200 --> 01:03:31.200]  and the United Nations of America.
[01:03:31.200 --> 01:03:36.200]  The United Nations of America was founded in the late 19th century
[01:03:36.200 --> 01:03:41.200]  by the United Nations of America.
[01:03:41.200 --> 01:04:06.700]  The United Nations of America approved the
[01:04:06.700 --> 01:04:12.980]  We have Julius, Paula, Dan, and Bill on the board, and we're going to go ahead and take
[01:04:12.980 --> 01:04:13.980]  Julius' call.
[01:04:13.980 --> 01:04:15.980]  Julius, what can we do for you?
[01:04:15.980 --> 01:04:16.980]  Hi, Eddie.
[01:04:16.980 --> 01:04:17.980]  Hi, Deborah.
[01:04:17.980 --> 01:04:27.380]  I was very curious to talk about, there was a show that you had mentioned, Eddie, about
[01:04:27.380 --> 01:04:34.500]  I think it's a ruling number or some statute number 72 about Cradle Street gang.
[01:04:34.500 --> 01:04:40.740]  Chapter 71, Code of Criminal Procedure, or I'm sorry, Penal Code, Chapter 71 Penal Code,
[01:04:40.740 --> 01:04:41.740]  Organized Criminal Activity.
[01:04:41.740 --> 01:04:47.500]  Okay, Chapter 71, I wanted to write that down, I wanted to speak about this here.
[01:04:47.500 --> 01:04:48.500]  Chapter 71.
[01:04:48.500 --> 01:04:49.500]  Okay, good.
[01:04:49.500 --> 01:04:56.020]  All right, just briefly, I had gone through this, oh excuse me one second.
[01:04:56.020 --> 01:04:57.020]  Thank you.
[01:04:57.020 --> 01:04:58.020]  All right.
[01:04:58.020 --> 01:05:05.860]  I had been through, sorry about that, I had been through a foreclosure that I can prove
[01:05:05.860 --> 01:05:07.180]  was illegal.
[01:05:07.180 --> 01:05:12.900]  I had a tenant on the property who called the police on me and claimed that the bank had
[01:05:12.900 --> 01:05:18.980]  owned the property and I can prove for a fact the bank did not own the property.
[01:05:18.980 --> 01:05:21.180]  Police were sent to the address.
[01:05:21.180 --> 01:05:27.700]  I was calm as can be and very respectful of my tenants' rights and spaces and I tried
[01:05:27.700 --> 01:05:31.260]  to explain to the officers that the bank does not own this property.
[01:05:31.260 --> 01:05:39.580]  I am the owner of this property and the officers said to me, we don't want to go there, we
[01:05:39.580 --> 01:05:43.340]  don't want to talk to you about that, here's the rules.
[01:05:43.340 --> 01:05:49.900]  If you are ever caught on this property again, you will be arrested and criminal charges will
[01:05:49.900 --> 01:05:52.180]  be filed.
[01:05:52.180 --> 01:05:55.660]  You do not own this property, you need to look into it.
[01:05:55.660 --> 01:05:57.860]  What was he basing this on?
[01:05:57.860 --> 01:06:00.540]  He based it on nothing, I said, what were you basing this on, sir?
[01:06:00.540 --> 01:06:05.540]  He says, I don't have to answer you, you need to get off this property now or you will be
[01:06:05.540 --> 01:06:10.380]  arrested right now and criminal charges will be filed.
[01:06:10.380 --> 01:06:14.100]  So I left the property, I didn't know exactly what to do at that time and now we're talking
[01:06:14.100 --> 01:06:21.980]  about almost a couple of years ago, this was October of 2009 when this happened and now
[01:06:21.980 --> 01:06:28.340]  I'm going through a lawsuit about all this, you know, the bank but the idea was after
[01:06:28.340 --> 01:06:33.260]  you had sent this on the radio show a couple of weeks ago, I don't know exactly what you
[01:06:33.260 --> 01:06:42.660]  did, I said, three burners, three cops, they were wearing badges, they came onto my property
[01:06:42.660 --> 01:06:44.780]  and they were doing something illegal.
[01:06:44.780 --> 01:06:49.860]  Okay, is this property that you're referring to, is this the one that a foreclosure order
[01:06:49.860 --> 01:06:51.860]  had already been rendered on?
[01:06:51.860 --> 01:06:52.860]  Yes, correct.
[01:06:52.860 --> 01:06:53.860]  There was a problem.
[01:06:53.860 --> 01:06:57.620]  Okay, all right, here's the problem with what you're doing.
[01:06:57.620 --> 01:06:59.180]  Okay, good.
[01:06:59.180 --> 01:07:05.700]  While it may be true that the foreclosure was fraudulent, at the time the officers appeared,
[01:07:05.700 --> 01:07:08.700]  there was a standing order of the court.
[01:07:08.700 --> 01:07:17.780]  Okay, now there was no standing order of the court whatsoever, there was only a fraudulent
[01:07:17.780 --> 01:07:24.980]  substitute trustee's deed filed with the county clerk's office stating that the property
[01:07:24.980 --> 01:07:29.540]  had been sold to another entity, that other entity.
[01:07:29.540 --> 01:07:31.540]  When was the sale?
[01:07:31.540 --> 01:07:33.060]  Excuse me?
[01:07:33.060 --> 01:07:35.540]  When did this alleged sale occur?
[01:07:35.540 --> 01:07:38.180]  October the 6th, 2009.
[01:07:38.180 --> 01:07:41.860]  And this document was filed in the records when?
[01:07:41.860 --> 01:07:46.420]  It was filed in the records October 14th, 2009.
[01:07:46.420 --> 01:07:49.780]  Which is after the date of the sale, correct?
[01:07:49.780 --> 01:07:55.660]  That was the date of the sale was October the 6th, 2009 and the filing of that record
[01:07:55.660 --> 01:08:01.900]  of the sale of the substitute trustee's deed was on October 14th, 2009.
[01:08:01.900 --> 01:08:03.900]  Eight days later, right?
[01:08:03.900 --> 01:08:06.420]  Yeah, how many days later now?
[01:08:06.420 --> 01:08:07.420]  Eight.
[01:08:07.420 --> 01:08:08.420]  That is correct.
[01:08:08.420 --> 01:08:09.420]  Okay.
[01:08:09.420 --> 01:08:14.700]  In order for that sale to have taken place, they would have had to have cleared the sale
[01:08:14.700 --> 01:08:19.300]  paperwork through the court if I understand the process accordingly.
[01:08:19.300 --> 01:08:25.660]  Which means there would have been an order issued on the sale.
[01:08:25.660 --> 01:08:27.620]  Now there was none of that.
[01:08:27.620 --> 01:08:33.620]  They sub-stepped all the courts, they performed a non-judicial foreclosure even against my
[01:08:33.620 --> 01:08:34.620]  will.
[01:08:34.620 --> 01:08:39.940]  And I had fought them tooth and nail and said I will not allow this to continue, whatever
[01:08:39.940 --> 01:08:40.940]  and I'm fine with it.
[01:08:40.940 --> 01:08:43.540]  Had you filed suit against them yet?
[01:08:43.540 --> 01:08:45.980]  I have filed suit and I'm fine with it.
[01:08:45.980 --> 01:08:48.820]  Had you filed suit?
[01:08:48.820 --> 01:08:53.620]  At the time this was going on, had you filed suit?
[01:08:53.620 --> 01:08:54.620]  No I had not.
[01:08:54.620 --> 01:08:55.620]  Okay.
[01:08:55.620 --> 01:09:03.540]  And as far as those three officers are concerned, they were going with the information at hand.
[01:09:03.540 --> 01:09:10.660]  The information at hand was that the property was in somebody else's possession.
[01:09:10.660 --> 01:09:16.420]  The officers can't be expected to know what happened at the sale or what you were doing
[01:09:16.420 --> 01:09:18.500]  subsequent to the sale.
[01:09:18.500 --> 01:09:20.940]  There's nothing in the record they can look at for that.
[01:09:20.940 --> 01:09:26.260]  All they can look at is what's there as a matter of the public record at that point.
[01:09:26.260 --> 01:09:31.500]  The officers acted according to the information they had available to them.
[01:09:31.500 --> 01:09:32.500]  Okay.
[01:09:32.500 --> 01:09:36.260]  Do you mean that they actually looked that up somehow because I don't even think they
[01:09:36.260 --> 01:09:37.260]  looked that up.
[01:09:37.260 --> 01:09:38.260]  I think they would just say that.
[01:09:38.260 --> 01:09:41.180]  I can't say they did or they didn't.
[01:09:41.180 --> 01:09:47.020]  But regardless of that, if the facts get presented, the presumption will be in their
[01:09:47.020 --> 01:09:50.900]  favor that they did.
[01:09:50.900 --> 01:09:51.900]  Because it was there.
[01:09:51.900 --> 01:09:52.900]  Look it up.
[01:09:52.900 --> 01:09:53.900]  Okay.
[01:09:53.900 --> 01:09:54.900]  I see.
[01:09:54.900 --> 01:09:55.900]  Okay.
[01:09:55.900 --> 01:10:00.740]  So whether they actually looked it up or not, not relevant.
[01:10:00.740 --> 01:10:06.740]  The information was available to them and if push came to shove, that's exactly what
[01:10:06.740 --> 01:10:11.740]  they would assert on the bench or I'm sorry on the witness stand.
[01:10:11.740 --> 01:10:12.740]  I'll let that fly.
[01:10:12.740 --> 01:10:17.020]  I mean, I've got other areas of remedies but I'm not so much concerned about it.
[01:10:17.020 --> 01:10:19.900]  I was just curious about this rules 71.
[01:10:19.900 --> 01:10:26.420]  Well, as long as Texas allows non-judicial foreclosures, situations like yours are going
[01:10:26.420 --> 01:10:27.420]  to exist.
[01:10:27.420 --> 01:10:28.420]  Right.
[01:10:28.420 --> 01:10:31.740]  But that's not going to be the fault of the cops.
[01:10:31.740 --> 01:10:32.740]  Okay.
[01:10:32.740 --> 01:10:36.100]  In this one area, they're not at fault.
[01:10:36.100 --> 01:10:37.100]  Okay.
[01:10:37.100 --> 01:10:42.420]  Could it be anything about the 14th Amendment in the United States Constitution where the
[01:10:42.420 --> 01:10:46.260]  state is depriving a person's right to a property?
[01:10:46.260 --> 01:10:49.980]  Now, if one push comes to shove and I can prove that you're not voting for it.
[01:10:49.980 --> 01:10:52.300]  Yes, but that's what your lawsuit is for.
[01:10:52.300 --> 01:10:58.380]  Your lawsuit is to prove that the foreclosure was fraudulent and illegally done on false
[01:10:58.380 --> 01:11:00.380]  falsified documentation.
[01:11:00.380 --> 01:11:01.380]  That's what you're doing now.
[01:11:01.380 --> 01:11:03.380]  That's the reason you filed a lawsuit.
[01:11:03.380 --> 01:11:04.380]  Right.
[01:11:04.380 --> 01:11:05.380]  Exactly, Eddie.
[01:11:05.380 --> 01:11:06.380]  Yep.
[01:11:06.380 --> 01:11:07.380]  Exactly.
[01:11:07.380 --> 01:11:09.380]  So that answers that question.
[01:11:09.380 --> 01:11:16.940]  Now, I wanted to just add to a point that you had brought up before, which was, I think
[01:11:16.940 --> 01:11:21.940]  you were talking about the video and bad faith where they had destroyed the evidence on the
[01:11:21.940 --> 01:11:22.940]  cop car.
[01:11:22.940 --> 01:11:31.420]  I mean, what would constitute bad faith, in other words, if it was the officer's job
[01:11:31.420 --> 01:11:38.020]  to make sure that the video recording or equipment or the video and audio recording equipment
[01:11:38.020 --> 01:11:42.020]  were supposed to be good before they take the car out.
[01:11:42.020 --> 01:11:48.540]  I mean, why wouldn't that be in bad faith that they did not make sure that the equipment
[01:11:48.540 --> 01:11:49.540]  was operational?
[01:11:49.540 --> 01:11:54.900]  But as I understand it, they just went ahead and recklessly recorded over it?
[01:11:54.900 --> 01:11:59.780]  Well, I can't say how they got rid of it.
[01:11:59.780 --> 01:12:04.340]  I know what they would do under normal circumstances.
[01:12:04.340 --> 01:12:10.700]  But the point here being that it's impossible to make an assertion of bad faith without the
[01:12:10.700 --> 01:12:16.860]  evidence to prove that there was a reason for it to be destroyed in the first place.
[01:12:16.860 --> 01:12:23.660]  So to even make the argument that bad faith must exist is an open invitation to law enforcement
[01:12:23.660 --> 01:12:25.660]  to destroy evidence.
[01:12:25.660 --> 01:12:26.660]  Exactly.
[01:12:26.660 --> 01:12:32.980]  And that kind of thing is just, my God, it's just absolutely appalling.
[01:12:32.980 --> 01:12:38.100]  Well, welcome to the funny money world of legality.
[01:12:38.100 --> 01:12:43.100]  You get what you pay for, and in this instance, we ain't paying much for much.
[01:12:43.100 --> 01:12:44.100]  Right.
[01:12:44.100 --> 01:12:47.660]  Okay, was there anything else, Julius?
[01:12:47.660 --> 01:12:48.660]  You ready?
[01:12:48.660 --> 01:12:49.660]  That's it.
[01:12:49.660 --> 01:12:50.660]  That answers it.
[01:12:50.660 --> 01:12:51.660]  Thank you.
[01:12:51.660 --> 01:12:52.660]  You're welcome.
[01:12:52.660 --> 01:12:53.660]  Thanks for calling in.
[01:12:53.660 --> 01:12:56.900]  Okay, we're going to go to Paula in Maine, then we're going to go to Gary, or I'm sorry,
[01:12:56.900 --> 01:12:58.380]  to Dan and Gary.
[01:12:58.380 --> 01:13:01.140]  Okay, Paula, how can we help you?
[01:13:01.140 --> 01:13:02.140]  Hi, Eddie.
[01:13:02.140 --> 01:13:03.140]  Hi.
[01:13:03.140 --> 01:13:10.500]  I wanted to let Jason and you all know we don't have the electronic pad in Maine, okay?
[01:13:10.500 --> 01:13:16.940]  I never entered a plea in my traffic case, and I made a special appearance and told the
[01:13:16.940 --> 01:13:25.060]  judge that I was going to want a jury trial, they were going to continue with this.
[01:13:25.060 --> 01:13:33.540]  I had the help of Margie and Jack Flynn from Maine to file some paperwork.
[01:13:33.540 --> 01:13:34.540]  Nothing ever worked.
[01:13:34.540 --> 01:13:41.780]  I made a motion to dismiss bunch of stuff, they just- Okay, can I ask a question real
[01:13:41.780 --> 01:13:45.540]  quick, just so we're clear on the point here?
[01:13:45.540 --> 01:13:52.460]  In Maine, what is the nature of a traffic ticket?
[01:13:52.460 --> 01:13:55.460]  Is it criminal, civil, or administrative?
[01:13:55.460 --> 01:14:01.820]  Tell you the truth, I'm not quite sure.
[01:14:01.820 --> 01:14:05.940]  And how do you know what you can or can't have?
[01:14:05.940 --> 01:14:13.300]  See here's the thing, if you rely on a constitutional principle of any civil case in excess of $20,
[01:14:13.300 --> 01:14:19.500]  the right to trial by jury shall be preserved, and it's administrative and not civil, then
[01:14:19.500 --> 01:14:22.740]  that right doesn't exist, does it?
[01:14:22.740 --> 01:14:27.700]  In a criminal case, the right to trial by jury can only be waived knowingly and willingly
[01:14:27.700 --> 01:14:32.340]  by the defendant, not by the state.
[01:14:32.340 --> 01:14:38.020]  So again, if it's not criminal, it's administrative, that wouldn't apply, would it?
[01:14:38.020 --> 01:14:43.980]  So if they ran you through the ringer without a jury, even though you asked for one, then
[01:14:43.980 --> 01:14:48.420]  you need to be figuring out what type of case you're dealing with here, because there isn't
[01:14:48.420 --> 01:14:54.820]  but one where they could deny you both, and if they're denying you both, then the problem
[01:14:54.820 --> 01:15:00.740]  becomes a bill of attainder issue, or a bill of pains and penalties issue, because an administrative
[01:15:00.740 --> 01:15:08.460]  determination of guilt, or a legislative determination of guilt, without a judicial finding of fact,
[01:15:08.460 --> 01:15:14.380]  in the entire history of this country, depending upon the severity of the penalty lodged because
[01:15:14.380 --> 01:15:20.460]  of the decision, has either been a bill of attainder, or a bill of pains and penalties,
[01:15:20.460 --> 01:15:25.940]  both of which are absolutely forbidden in every state of the union.
[01:15:25.940 --> 01:15:32.740]  So without knowing nature and cause, you don't know what you're fighting.
[01:15:32.740 --> 01:15:40.860]  What I did was, they gave me a summons, even though I told them I was signing under duress
[01:15:40.860 --> 01:15:44.460]  so it was going to be void, they had me just...
[01:15:44.460 --> 01:15:49.780]  Another question, you said you've got a summons, but did you ensure that this summons
[01:15:49.780 --> 01:15:55.700]  complied with law as to what a summons must have?
[01:15:55.700 --> 01:16:00.620]  So your state's got laws about all of this.
[01:16:00.620 --> 01:16:06.300]  It'll say what the nature of the particular act is, it will say what the procedure for
[01:16:06.300 --> 01:16:12.860]  notifying the opposing parties and summoning them, the court are, and so on and so forth.
[01:16:12.860 --> 01:16:21.500]  Have you looked at any of those rules to see what they were?
[01:16:21.500 --> 01:16:22.500]  Probably I did.
[01:16:22.500 --> 01:16:29.380]  I mean summons is, a police officer, I understand, is not even supposed to serve you a summons
[01:16:29.380 --> 01:16:30.860]  when he pulls you over.
[01:16:30.860 --> 01:16:36.460]  Well, the ticket is not a summons, it's an agreement.
[01:16:36.460 --> 01:16:42.900]  I agree to appear on a certain date, place, and time, but it's not a summons.
[01:16:42.900 --> 01:16:48.260]  A summons has to be issued by the court unless the state law says something different, but
[01:16:48.260 --> 01:16:51.180]  hold that thought, Paula, we'll pick this up on the other side.
[01:16:51.180 --> 01:17:01.380]  This is Rule of Law Radio 512-646-1984, we'll be right back after the break.
[01:17:01.380 --> 01:17:04.900]  Capital Corn and Bullion is a family-owned and operated business that has helped many
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[01:19:25.540 --> 01:19:30.540]  I was blindsided, but now I can see what I am.
[01:19:30.540 --> 01:19:35.540]  You put the fear in my pocket, took the money from my hand,
[01:19:35.540 --> 01:19:40.540]  ain't gonna fool me with that same old trick again.
[01:19:46.540 --> 01:19:49.540]  Hi folks, we are back, ruled-in-law radio.
[01:19:49.540 --> 01:19:51.540]  We have Paula, Dan, and Gary on the board.
[01:19:51.540 --> 01:19:56.540]  I'm gonna go ahead and finish up with Paula. Paula, I'm sorry if I keep interrupting you.
[01:19:56.540 --> 01:20:00.540]  I'm just trying to make sure we've got the facts straight and trying to figure out where you got to
[01:20:00.540 --> 01:20:04.540]  and where you didn't in this issue so you know what to do next time.
[01:20:04.540 --> 01:20:07.540]  I really respect Jack and Margie Flynn.
[01:20:07.540 --> 01:20:11.540]  I've been on a pastor-master show with them several times and talked with them
[01:20:11.540 --> 01:20:18.540]  and I really, really praise them for what they do in New Mexico, but you're not in New Mexico.
[01:20:18.540 --> 01:20:22.540]  You need to know the rules for where you live just as well.
[01:20:22.540 --> 01:20:26.540]  They live in Maine now.
[01:20:26.540 --> 01:20:30.540]  Oh, they live in Maine now. I was not aware of that part.
[01:20:30.540 --> 01:20:35.540]  Yeah, but I understand they want a lot of cases in New Mexico and I followed their paperwork
[01:20:35.540 --> 01:20:43.540]  not to a T because there's so much of it and I try to understand what I file.
[01:20:43.540 --> 01:20:50.540]  Regardless, I made a special appearance and told the judge that I was...
[01:20:50.540 --> 01:20:54.540]  Now I had asked for a trial by jury.
[01:20:54.540 --> 01:21:00.540]  I also filled out a form for jury trial that they provided me with.
[01:21:00.540 --> 01:21:02.540]  This is the district court.
[01:21:02.540 --> 01:21:07.540]  I'm confused about who's got jurisdiction because my case, now that it's over,
[01:21:07.540 --> 01:21:10.540]  they don't have it anymore at the district court.
[01:21:10.540 --> 01:21:18.540]  They say it's gone back to the Violations Bureau of the Maine Judicial Branch.
[01:21:18.540 --> 01:21:24.540]  So I want to file some paperwork regarding jurisdiction, you know,
[01:21:24.540 --> 01:21:28.540]  challenge the jurisdiction that can be challenged at any time.
[01:21:28.540 --> 01:21:32.540]  Right, but again, in order to do that, you have to know where to file that challenge
[01:21:32.540 --> 01:21:39.540]  and you won't know that until you know the nature of what the prosecution was to begin with.
[01:21:39.540 --> 01:21:44.540]  That is what's going to control about where you have to file it.
[01:21:44.540 --> 01:21:47.540]  You have to know that.
[01:21:47.540 --> 01:21:51.540]  How do I find that out, the nature of the prosecution?
[01:21:51.540 --> 01:21:54.540]  Just call down there and ask a prosecutor, hey,
[01:21:54.540 --> 01:22:00.540]  are traffic tickets in Maine criminal, civil or administrative?
[01:22:00.540 --> 01:22:02.540]  The prosecutor won't even talk to me.
[01:22:02.540 --> 01:22:06.540]  I've tried to talk to his office several times.
[01:22:06.540 --> 01:22:10.540]  The DA is the district attorney who is prosecuting.
[01:22:10.540 --> 01:22:12.540]  Then go talk to your county attorney.
[01:22:12.540 --> 01:22:15.540]  Go talk to any attorney.
[01:22:15.540 --> 01:22:17.540]  Find a friend that's an attorney.
[01:22:17.540 --> 01:22:20.540]  Ask him, hey, do you know whether or not traffic tickets in Maine
[01:22:20.540 --> 01:22:25.540]  are civil, criminal or administrative?
[01:22:25.540 --> 01:22:29.540]  Okay, I should know that by now, but it's just a big blur.
[01:22:29.540 --> 01:22:32.540]  All these civil criminals, okay.
[01:22:32.540 --> 01:22:37.540]  So anyway, I wanted Jason to know that sometimes we do the right things,
[01:22:37.540 --> 01:22:40.540]  but the judges don't rule properly anyway, such as this.
[01:22:40.540 --> 01:22:41.540]  Well, that part's true.
[01:22:41.540 --> 01:22:42.540]  That's very true.
[01:22:42.540 --> 01:22:45.540]  It hits the reason we call them corrupt courts.
[01:22:45.540 --> 01:22:50.540]  I mean, he committed me to the fine even though I told him this is a bench trial
[01:22:50.540 --> 01:22:52.540]  and I don't see a jury.
[01:22:52.540 --> 01:22:56.540]  I've requested, I've demanded a jury trial, which is my right.
[01:22:56.540 --> 01:22:57.540]  Right.
[01:22:57.540 --> 01:23:04.540]  The judicial conduct complaints against the judge for depriving you of your right to a jury trial provided you had one.
[01:23:04.540 --> 01:23:08.540]  Again, without knowing exactly what rules you're playing by,
[01:23:08.540 --> 01:23:12.540]  you don't really know if you were entitled to a jury trial.
[01:23:12.540 --> 01:23:15.540]  Okay, I did file a complaint with the chief justice,
[01:23:15.540 --> 01:23:18.540]  but he said he was not going to handle the complaint.
[01:23:18.540 --> 01:23:20.540]  He said they don't handle complaints.
[01:23:20.540 --> 01:23:25.540]  Now, in my husband's case, I did file a complaint against the judge
[01:23:25.540 --> 01:23:30.540]  when he had me handcuffed for trying to help him when he had no lawyer.
[01:23:30.540 --> 01:23:35.540]  And that has gone to the committee on judicial responsibility.
[01:23:35.540 --> 01:23:43.540]  Now, the judge should disqualify himself from the case because of that.
[01:23:43.540 --> 01:23:47.540]  Not sure that he will, but there's a good chance he will
[01:23:47.540 --> 01:23:51.540]  because there's a conflict of interest now, me having a complaint against him.
[01:23:51.540 --> 01:23:54.540]  I don't think the committee will do anything about the complaint.
[01:23:54.540 --> 01:23:56.540]  I've filed three of them in the past.
[01:23:56.540 --> 01:23:59.540]  They were very valid complaints and they were all dismissed.
[01:23:59.540 --> 01:24:09.540]  But it's a good thing for people to know that at least if you file a complaint against the judge with the proper commission or committee,
[01:24:09.540 --> 01:24:13.540]  sometimes that might get the judge off the case.
[01:24:13.540 --> 01:24:19.540]  You know, he might recuse or disqualify himself.
[01:24:19.540 --> 01:24:21.540]  It's always worth trying.
[01:24:21.540 --> 01:24:26.540]  Yeah. And there's other things I wanted to talk to you about.
[01:24:26.540 --> 01:24:33.540]  But the one, the thing you mentioned earlier about removing a case to federal court,
[01:24:33.540 --> 01:24:42.540]  I really would like to do that regarding my husband's charges of being a felon in possession of firearms
[01:24:42.540 --> 01:24:47.540]  because they have taken all of my family's firearms worth thousands of dollars.
[01:24:47.540 --> 01:24:48.540]  Right.
[01:24:48.540 --> 01:24:52.540]  And it's the Second Amendment, you know, right to bear arms.
[01:24:52.540 --> 01:24:54.540]  That's a very important right.
[01:24:54.540 --> 01:24:59.540]  And I think in federal court, maybe able to challenge them and win.
[01:24:59.540 --> 01:25:04.540]  Well, it could also wind up being a lot worse if he was actually previously convicted.
[01:25:04.540 --> 01:25:06.540]  So keep that in mind.
[01:25:06.540 --> 01:25:12.540]  You need to figure out exactly how this will play out from beginning to end before you make these choices.
[01:25:12.540 --> 01:25:17.540]  So just keep that in mind.
[01:25:17.540 --> 01:25:22.540]  But as far as the deprivation of rights of due process, I agree with you.
[01:25:22.540 --> 01:25:27.540]  But just be real careful about what you move to federal court.
[01:25:27.540 --> 01:25:34.540]  Anything that can be thrown back on a defendant will be.
[01:25:34.540 --> 01:25:38.540]  It's not like there are separate parts of the system as a whole.
[01:25:38.540 --> 01:25:39.540]  They're not there.
[01:25:39.540 --> 01:25:40.540]  They will do the same thing.
[01:25:40.540 --> 01:25:41.540]  The lower courts will do.
[01:25:41.540 --> 01:25:51.540]  They just have to be a whole lot more select about it because they're much better documented at that level than they are down here.
[01:25:51.540 --> 01:26:04.540]  Well, my husband's attorney says he's going to try to get dismissed or thrown out because, you know, there was never really anyone making a complaint.
[01:26:04.540 --> 01:26:11.540]  It's very general like the discovery says that there was a complaint about illegal hunting.
[01:26:11.540 --> 01:26:15.540]  Never says who called in the complaint.
[01:26:15.540 --> 01:26:21.540]  And never says, you know, anything else in the discovery is just very vague.
[01:26:21.540 --> 01:26:25.540]  So hopefully it'll be thrown out.
[01:26:25.540 --> 01:26:26.540]  Well, good luck.
[01:26:26.540 --> 01:26:30.540]  But keep an eye on that attorney because he is not your friend.
[01:26:30.540 --> 01:26:31.540]  I know that.
[01:26:31.540 --> 01:26:35.540]  I told my husband, you better call him soon and I'll be here tomorrow afternoon.
[01:26:35.540 --> 01:26:38.540]  I told him, we got a call and you got to ask questions.
[01:26:38.540 --> 01:26:39.540]  There's so much about this.
[01:26:39.540 --> 01:26:45.540]  You talked about Title 15 and 17 the other night.
[01:26:45.540 --> 01:26:48.540]  Yeah, Article 15, 17.
[01:26:48.540 --> 01:26:50.540]  Yeah, they have broken all those rules.
[01:26:50.540 --> 01:26:55.540]  I mean, they did not give my husband, the judge didn't give my husband an attorney.
[01:26:55.540 --> 01:26:58.540]  Had him signed to bail, bond conditions.
[01:26:58.540 --> 01:27:01.540]  Now my husband, I told him, you don't have to.
[01:27:01.540 --> 01:27:04.540]  Now those rules that I was reading are specific to Texas.
[01:27:04.540 --> 01:27:12.540]  I'm sure your state has something similar, but it'll be in a different article or code number most likely.
[01:27:12.540 --> 01:27:14.540]  Right.
[01:27:14.540 --> 01:27:16.540]  Well, thank you.
[01:27:16.540 --> 01:27:17.540]  You're very welcome.
[01:27:17.540 --> 01:27:19.540]  Thank you for calling in.
[01:27:19.540 --> 01:27:20.540]  All right.
[01:27:20.540 --> 01:27:22.540]  Now we're going to go to Dan in Connecticut.
[01:27:22.540 --> 01:27:24.540]  And then after that, we're going to Gary in Georgia.
[01:27:24.540 --> 01:27:26.540]  Hey, Dan, what's up?
[01:27:26.540 --> 01:27:28.540]  Ah, nothing much.
[01:27:28.540 --> 01:27:29.540]  I got your motion limiting.
[01:27:29.540 --> 01:27:31.540]  I quite frankly, I like it.
[01:27:31.540 --> 01:27:33.540]  I think it's awesome for Texas.
[01:27:33.540 --> 01:27:41.540]  And I think thought actually that it was so awesome for Texas that I would go ahead and convert it to Connecticut.
[01:27:41.540 --> 01:27:42.540]  Yeah, I saw that.
[01:27:42.540 --> 01:27:44.540]  You sent me an email update of it.
[01:27:44.540 --> 01:27:48.540]  Yeah, actually, I didn't quite send you the finished version.
[01:27:48.540 --> 01:27:52.540]  I actually did send you an update of something else.
[01:27:52.540 --> 01:27:59.540]  I was going to put it out there to the listeners, just like I have with Randy's Brady Motion, which is so awesome.
[01:27:59.540 --> 01:28:03.540]  And I have about six states worth of versions for that so far.
[01:28:03.540 --> 01:28:12.540]  If anybody would like a version of Randy's Brady Motion for their state or your motion and limiting for motor vehicle,
[01:28:12.540 --> 01:28:22.540]  they can email me at headlinecopy at gmail.com, that's H-E-A-D-L-I-N-E at gmail.com.
[01:28:22.540 --> 01:28:26.540]  And I'd be more happy to provide that to them.
[01:28:26.540 --> 01:28:29.540]  Okay.
[01:28:29.540 --> 01:28:30.540]  All right, folks, everybody get that.
[01:28:30.540 --> 01:28:33.540]  Go ahead and say it one more time, Dan, so they'll know.
[01:28:33.540 --> 01:28:36.540]  That'll be headlinecopy at gmail.com.
[01:28:36.540 --> 01:28:42.540]  It'll be H-E-A-D-L-I-N-E at gmail.com.
[01:28:42.540 --> 01:28:46.540]  And the great thing about it is, like the Brady Motion,
[01:28:46.540 --> 01:28:50.540]  I've noticed there are a lot of similar things in the motor vehicle code too.
[01:28:50.540 --> 01:28:55.540]  So really, it isn't that much work to me other than a little control F,
[01:28:55.540 --> 01:28:59.540]  some finding of terms and some replacing of statutes and case law.
[01:28:59.540 --> 01:29:04.540]  And the thing that I've noticed when I did that with Randy's Brady Motion
[01:29:04.540 --> 01:29:07.540]  is that each state I did it for,
[01:29:07.540 --> 01:29:12.540]  I was actually able to add case law from the states I've done it previous.
[01:29:12.540 --> 01:29:17.540]  So each time I do it, which is why I've encouraged people to ask me,
[01:29:17.540 --> 01:29:20.540]  it actually gets stronger.
[01:29:20.540 --> 01:29:24.540]  So it kind of evolves over time.
[01:29:24.540 --> 01:29:29.540]  Yeah, most of the stuff in that Brady should be federal, so it should be usable anywhere.
[01:29:29.540 --> 01:29:35.540]  Yeah, but I've also been adding individual state case law on it as I've gotten requests for it.
[01:29:35.540 --> 01:29:36.540]  Okay.
[01:29:36.540 --> 01:29:37.540]  All right.
[01:29:37.540 --> 01:29:38.540]  Anything else, Dan?
[01:29:38.540 --> 01:29:43.540]  No, that'll be it. Other than that, keep up the good work and, you know, give them a lot of fun.
[01:29:43.540 --> 01:29:45.540]  All right, Dan, thanks for calling in.
[01:29:45.540 --> 01:29:47.540]  All right, this is Rule of Law Radio.
[01:29:47.540 --> 01:29:49.540]  When we get back, we'll take Gary and Georgia.
[01:29:49.540 --> 01:29:50.540]  Call in number.
[01:29:50.540 --> 01:29:53.540]  It's 512-646-1984.
[01:29:53.540 --> 01:29:58.540]  We've got about a half an hour left in the show, so please give us a call if you've got an issue,
[01:29:58.540 --> 01:29:59.540]  and it's time to get you.
[01:30:29.540 --> 01:30:33.540]  Sorry, soft drink lovers.
[01:30:33.540 --> 01:30:36.540]  Even diet drinks can make you fat.
[01:30:36.540 --> 01:30:41.540]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:41.540 --> 01:31:08.540]  I'm Dr. Catherine Albright, and I'll be back in a moment with the scoop on supposedly skinny sodas.
[01:31:12.540 --> 01:31:16.540]  Start over with Start Page.
[01:31:16.540 --> 01:31:20.540]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:31:20.540 --> 01:31:21.540]  Wrong.
[01:31:21.540 --> 01:31:26.540]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:31:26.540 --> 01:31:33.540]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:33.540 --> 01:31:40.540]  The study's authors say artificial sweeteners triggered the appetite, but unlike regular sugars, don't deliver anything to squelch it.
[01:31:40.540 --> 01:31:46.540]  Drinking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:46.540 --> 01:31:49.540]  So use natural sweeteners to maintain a healthy weight,
[01:31:49.540 --> 01:31:54.540]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:54.540 --> 01:31:56.540]  I'm Dr. Catherine Albright.
[01:31:56.540 --> 01:32:01.540]  More news and information at CatherineAlbright.com.
[01:32:01.540 --> 01:32:11.540]  Yeah, and who you want to check? Will you take me for free, Tony?
[01:32:31.540 --> 01:33:00.540]  All right, folks, we are back. This is rule of law.
[01:33:00.540 --> 01:33:05.540]  This is rule of law radio. Call in number is 512-646-1984.
[01:33:05.540 --> 01:33:10.540]  We have about a half hour left in the show, and right now we have Gary and Georgia on the line.
[01:33:10.540 --> 01:33:12.540]  Gary, what can we do for you?
[01:33:12.540 --> 01:33:21.540]  Well, even, Andy, one of the things, sir, is I keep hearing about police officers stopping people, threatening to put them,
[01:33:21.540 --> 01:33:31.540]  law celebrity and everything, and, of course, that goes law-standing and it's administrative issue
[01:33:31.540 --> 01:33:40.540]  pursuant to the authority of the Secretary of the Department of Transportation, Section 401.
[01:33:40.540 --> 01:33:53.540]  And when they do this, the police officer, he would have to make his petition with the U.S. Secretary of Transportation
[01:33:53.540 --> 01:34:00.540]  pursuant to the FEDC agreements in Title IX, Chapter 1.
[01:34:00.540 --> 01:34:07.540]  Anyway, Section 306 says prohibited discrimination.
[01:34:07.540 --> 01:34:19.540]  Now, I've cut short with a few stances here, rather radium, and all is 42-USC Section 2000-D7.
[01:34:19.540 --> 01:34:31.540]  Well, tell any administrative agency or state official civil rights, it says civil rights remains equalization.
[01:34:31.540 --> 01:34:39.540]  A state shall not be immune under the 11th Amendment of the Constitution of the United States from suit
[01:34:39.540 --> 01:34:45.540]  in federal court for violation of Section 504 of Rehabilitation Act.
[01:34:45.540 --> 01:34:55.540]  Of course, that shows the Rehabilitation Act, but then we also have the Equal Protection Clause, at least in my state,
[01:34:55.540 --> 01:35:01.540]  the 14th Amendment, so here we have this entity called the state.
[01:35:01.540 --> 01:35:09.540]  It doesn't say the people of the state of Georgia versus Gary Bryant, it says the state, okay?
[01:35:09.540 --> 01:35:17.540]  Well, if the state has a reason to prosecute, even in what's known as parent's pottery,
[01:35:17.540 --> 01:35:25.540]  is where, well, for the protection of the people of this state, that's more or less what the state will bring the suit
[01:35:25.540 --> 01:35:38.540]  and the name of the people for, or they will also use a QTM action, or Xrel, Xrelion, as a relator.
[01:35:38.540 --> 01:35:45.540]  But I'm getting off my point, is that individuals, they have civil rights claims.
[01:35:45.540 --> 01:35:52.540]  They're self because the police also failed to show he had standing.
[01:35:52.540 --> 01:36:01.540]  And the state did receive public funds, so even if you want to call this state a corporate state,
[01:36:01.540 --> 01:36:14.540]  like it would be state of Texas rather than say Texas, let's see where they do that, they do it, Texas State.
[01:36:14.540 --> 01:36:16.540]  The state of Texas is how they do it.
[01:36:16.540 --> 01:36:18.540]  Is that how they do it, sir?
[01:36:18.540 --> 01:36:19.540]  Yes.
[01:36:19.540 --> 01:36:34.540]  And so, therefore, it shows that it's the public entity because it received public funds for the operation of its highways
[01:36:34.540 --> 01:36:46.540]  and an individual, like here in Georgia, cannot qualify for the two types of commercial driver's license with a fed state agreement.
[01:36:46.540 --> 01:36:58.540]  So my issue is for the people to do an open records act for the amount of appropriations that the US government is appropriated
[01:36:58.540 --> 01:37:10.540]  to the, say, Department of Transportation or who's in charge of traffic issues in their particular states
[01:37:10.540 --> 01:37:21.540]  to show that they are receiving public funds and they cannot discriminate against private individuals.
[01:37:21.540 --> 01:37:23.540]  Well, they're not.
[01:37:23.540 --> 01:37:27.540]  They're trying to hold a private individual accountable under the same commercial statute.
[01:37:27.540 --> 01:37:29.540]  They're not discriminating at all.
[01:37:29.540 --> 01:37:32.540]  They're trying to put everybody under the same umbrella.
[01:37:32.540 --> 01:37:42.540]  Yeah, but without showing any statute, I mean, that's like you say, well, they're trying to make everyone a green monkey because they can,
[01:37:42.540 --> 01:37:45.540]  but it has no relevance whatsoever.
[01:37:45.540 --> 01:37:53.540]  Well, the question I've got, though, Gary, is how are you trying to assert the officer having to have standing?
[01:37:53.540 --> 01:37:57.540]  The officer is not the one prosecuting the case.
[01:37:57.540 --> 01:38:01.540]  He's simply the accuser and the witness, the state.
[01:38:01.540 --> 01:38:09.540]  Now, he initiated it by being the accuser and then the state is claiming to be the party harm.
[01:38:09.540 --> 01:38:13.540]  Now, the question to me is not how did the officer get standing?
[01:38:13.540 --> 01:38:16.540]  It's how did the state get standing?
[01:38:16.540 --> 01:38:19.540]  But if you check your statutes, I'm going to give you a little caveat here.
[01:38:19.540 --> 01:38:25.540]  Regardless of what they put on the complaint, look at how the statute is written.
[01:38:25.540 --> 01:38:32.540]  If it's anything like Texas, the statute will say in this state, not in the state.
[01:38:32.540 --> 01:38:39.540]  It will say in this state, but it will never define the term this state.
[01:38:39.540 --> 01:38:42.540]  That is right, the state of commerce.
[01:38:42.540 --> 01:38:43.540]  Right.
[01:38:43.540 --> 01:38:57.540]  Now, this is where we get into the issue that Harman Taylor talks about, where this state is talking about something other than the territorial boundaries of where you live.
[01:38:57.540 --> 01:39:07.540]  It's that federal layer floating above the ground that nobody sees, but everybody's in without their knowing it.
[01:39:07.540 --> 01:39:17.540]  This state is really more of a state of mind or state of agreement or state of contract, so to speak, in a lot of ways.
[01:39:17.540 --> 01:39:27.540]  And I hate to say it that way because redemptionists accept different value and UCC folks are going to jump all over that terminology as if that's exactly how it should be used.
[01:39:27.540 --> 01:39:30.540]  And it's not necessarily so.
[01:39:30.540 --> 01:39:37.540]  But there's no denying that the act of transportation is an act of commerce.
[01:39:37.540 --> 01:39:42.540]  There's no denying that there isn't but one way to define the term.
[01:39:42.540 --> 01:39:49.540]  And that's exactly why most state codes do not define the term.
[01:39:49.540 --> 01:39:55.540]  Because they're all stuck with using the federal definition of that term.
[01:39:55.540 --> 01:40:05.540]  Because as you pointed out, they're getting funds for the purpose of implementing those federal rules and regulations at the state level.
[01:40:05.540 --> 01:40:06.540]  Yes, sir.
[01:40:06.540 --> 01:40:23.540]  And you will not find is a question of fact for individual as I want to inspect the documents of your substantive regulations published and like here that they call it the state bulletin.
[01:40:23.540 --> 01:40:28.540]  Now, regulated entities come under the Administrative Procedures Act.
[01:40:28.540 --> 01:40:43.540]  And just like the feds, they have to publish their regulations in the federal register and issue through the notice and comment procedure or the other type of rulemaking on the record.
[01:40:43.540 --> 01:40:58.540]  But really, for regulated entities and private individuals, they have their own trust because everything that we deal with is trust.
[01:40:58.540 --> 01:41:02.540]  Public employment is public trust.
[01:41:02.540 --> 01:41:05.540]  Whole government is public trust.
[01:41:05.540 --> 01:41:07.540]  So that brings up it is very duty.
[01:41:07.540 --> 01:41:22.540]  Now, tell me that a police officer didn't break this for his duty by failed exercise due care and revealing the true nature and the cause of his action.
[01:41:22.540 --> 01:41:32.540]  I would absolutely agree that he's not acting with due care in order to properly educate himself or over to who he may or may not enforce those rules.
[01:41:32.540 --> 01:41:37.540]  You won't find any disagreement on that point at all.
[01:41:37.540 --> 01:41:38.540]  Okay.
[01:41:38.540 --> 01:41:40.540]  So wait now we have the issue.
[01:41:40.540 --> 01:41:43.540]  Eager, right here, let's see, excuse it.
[01:41:43.540 --> 01:41:45.540]  Eager, the law is no excuse.
[01:41:45.540 --> 01:41:47.540]  He is charged with the knowledge.
[01:41:47.540 --> 01:41:52.540]  So therefore he's embezzling public funds for the lawful youth.
[01:41:52.540 --> 01:41:53.540]  Right.
[01:41:53.540 --> 01:41:54.540]  For himself.
[01:41:54.540 --> 01:42:04.540]  He's not actually guilty of that portion, he's guilty of conspiring to do it and acting in concert and collusion, but he's not responsible for the collection of the money.
[01:42:04.540 --> 01:42:10.540]  So you can't lay that one at his feet, but you can show if he was tied to it.
[01:42:10.540 --> 01:42:12.540]  Yes, sir.
[01:42:12.540 --> 01:42:29.540]  Well, I appreciate your call, I just want to bring to the attention the remedies for people as they ask for the amount of public funds and also the, as I said, the legislative regulation having a force effective law.
[01:42:29.540 --> 01:42:51.540]  That's being pursued substantially, but for registration of private individual automobiles, okay, the registration, the license, and of course, say any other, like in Georgia, they have a Georgia move over speed law with no regulations.
[01:42:51.540 --> 01:42:59.540]  But we're talking about for private individuals, which there's no fault.
[01:42:59.540 --> 01:43:11.540]  So they, when they can't produce the regulation this boy, and I can, I do have regulations, even the airport inspection machines.
[01:43:11.540 --> 01:43:21.540]  The federal legislative regulation and the force effective law delegated to private individuals is contracted to check people's baggage.
[01:43:21.540 --> 01:43:26.540]  You cannot delegate to a private party of government function.
[01:43:26.540 --> 01:43:33.540]  But my point, sir, is there are no legislative regulations published in a Georgia bulletin.
[01:43:33.540 --> 01:43:34.540]  Thank you very much.
[01:43:34.540 --> 01:43:35.540]  I enjoyed the show.
[01:43:35.540 --> 01:43:36.540]  All right, Gary.
[01:43:36.540 --> 01:43:37.540]  Thanks for calling in.
[01:43:37.540 --> 01:43:38.540]  We appreciate it.
[01:43:38.540 --> 01:43:43.540]  All right, folks, this is rule of law radio 512-646-1984.
[01:43:43.540 --> 01:43:46.540]  The call boards are clear, so give us a call.
[01:43:46.540 --> 01:43:48.540]  This is our last segment coming up.
[01:43:48.540 --> 01:43:51.540]  We'll catch you on the other side of the break.
[01:43:51.540 --> 01:43:53.540]  Rule of law radio will be right back.
[01:43:59.540 --> 01:44:03.540]  Hey, did you hear Ron Paul's announce he's running for president in 2012?
[01:44:03.540 --> 01:44:04.540]  It is Ron Paul.
[01:44:04.540 --> 01:44:05.540]  Really?
[01:44:05.540 --> 01:44:07.540]  Okay, put down the cell phone for one minute.
[01:44:07.540 --> 01:44:10.540]  I really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.540 --> 01:44:13.540]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.540 --> 01:44:14.540]  Of course you do.
[01:44:14.540 --> 01:44:15.540]  Now, listen closely.
[01:44:15.540 --> 01:44:20.540]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.540 --> 01:44:22.540]  They have all of his books and many of the books he talks about.
[01:44:22.540 --> 01:44:27.540]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:27.540 --> 01:44:28.540]  Brave New Books?
[01:44:28.540 --> 01:44:30.540]  Do they have Harry Potter and Twilight?
[01:44:30.540 --> 01:44:36.540]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.540 --> 01:44:39.540]  Ugh, this sounds like that show in the Discovery Channel.
[01:44:39.540 --> 01:44:46.540]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[01:44:46.540 --> 01:44:47.540]  What are you doing?
[01:44:47.540 --> 01:44:52.540]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:44:52.540 --> 01:44:53.540]  Where's it located?
[01:44:53.540 --> 01:44:55.540]  1904 Guadalupe Street.
[01:44:55.540 --> 01:44:56.540]  There, it's sent.
[01:44:56.540 --> 01:44:57.540]  I even made a smiley face.
[01:44:57.540 --> 01:44:58.540]  Great.
[01:45:00.540 --> 01:45:03.540]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:17.540 --> 01:46:19.540]  Hi folks, we are back.
[01:46:19.540 --> 01:46:20.540]  This is Rule of Law Radio.
[01:46:20.540 --> 01:46:28.540]  We are in the last segment of the show, and the caller board, like the skies, are clear of all things, including rain.
[01:46:28.540 --> 01:46:30.540]  Okay.
[01:46:30.540 --> 01:46:38.540]  Now, at this point, let's go over a little bit about what Gary was talking about there before we're waiting on somebody to call in.
[01:46:38.540 --> 01:46:46.540]  On the federal statutes, the issue there for me with what he was discussing was dealing with the officer having standing.
[01:46:46.540 --> 01:46:54.540]  The officer has authority to act because the state laws granted to him to do certain things.
[01:46:54.540 --> 01:47:00.540]  But that being said, the law in that area needs to be looked at carefully.
[01:47:00.540 --> 01:47:04.540]  And the reason I say that is because of the way it's written here in Texas.
[01:47:04.540 --> 01:47:14.540]  Here in Texas, the police officers automatically think that peace officer and police officer are the same thing.
[01:47:14.540 --> 01:47:16.540]  They are not.
[01:47:16.540 --> 01:47:20.540]  They absolutely are not.
[01:47:20.540 --> 01:47:26.540]  A peace officer has a definition that's in the code of criminal procedure.
[01:47:26.540 --> 01:47:34.540]  A police officer has a definition that is created under the transportation code.
[01:47:34.540 --> 01:47:56.540]  The transportation code uses the term police officer and defines it as someone that has been specifically authorized to enforce traffic regulations and to perpetrate arrests based upon violations of traffic regulations.
[01:47:56.540 --> 01:48:12.540]  It then goes on to say that in 543 that the police officer that's authorized to enforce in order to arrest, he must also be a peace officer.
[01:48:12.540 --> 01:48:19.540]  So if you actually to draw this out in a diagram, you'd have a circle that represents peace officers.
[01:48:19.540 --> 01:48:30.540]  And then you'd have a small section right at the edges where those two circles would overlap.
[01:48:30.540 --> 01:48:37.540]  Now consider the fact that a peace officer, his job is to keep the peace.
[01:48:37.540 --> 01:48:41.540]  Every one of the people are peace officers.
[01:48:41.540 --> 01:48:51.540]  Every one of us are authorized to place an individual under arrest for disturbing the peace or committing a felony.
[01:48:51.540 --> 01:48:55.540]  All of us can do that.
[01:48:55.540 --> 01:48:59.540]  On the other hand, you have the police circle.
[01:48:59.540 --> 01:49:16.540]  Anybody with the authority to enforce a rule of regulation, whether it be a meter made, traffic cop, zoning inspector, building inspector, fire marshal, any of those kind of people are also police officers.
[01:49:16.540 --> 01:49:29.540]  Now they may have a slightly different definition as to what they're allowed to enforce and regulate, but their job is to police that regulation and compliance with it.
[01:49:29.540 --> 01:49:37.540]  So police is just a general term for those types of employees of the government.
[01:49:37.540 --> 01:50:00.540]  In that little section where those two circles will overlap, that overlap here deals specifically with police officers authorized to enforce traffic statutes and also authorized to perform arrests for violations of those statutes.
[01:50:00.540 --> 01:50:09.540]  And not every police officer is in that little circle that's authorized to enforce traffic, okay?
[01:50:09.540 --> 01:50:11.540]  Not every one of them is in there.
[01:50:11.540 --> 01:50:13.540]  How do we know this?
[01:50:13.540 --> 01:50:27.540]  Because the Texas administrative code is the only place I can find an any type of code in Texas that explains how one becomes authorized as a police officer.
[01:50:27.540 --> 01:50:36.540]  And in that, it assigns very specific duties to certain types of individuals in a professional capacity.
[01:50:36.540 --> 01:50:39.540]  For instance, DPS.
[01:50:39.540 --> 01:50:51.540]  The DPS authority is to supervise traffic on rural highways and to supervise and regulate commercial and for hire traffic.
[01:50:51.540 --> 01:50:56.540]  Notice didn't say anything about private travelers.
[01:50:56.540 --> 01:51:11.540]  Supervise and regulate, regulate meeting, license, inspection, registration, things of that nature, anything that involves a regulatory scheme.
[01:51:11.540 --> 01:51:18.540]  It is applicable only to commercial and for hire traffic within the DPS's authority.
[01:51:18.540 --> 01:51:21.540]  It's the only authority they have.
[01:51:21.540 --> 01:51:40.540]  Now, it then goes on to say that civilian employees of the Department of Public Safety, they may only enter or detain a motor vehicle at ports of entry that are on a highway or within a municipality.
[01:51:40.540 --> 01:51:47.540]  But that motor vehicle must be at a port of entry or an inspection station.
[01:51:47.540 --> 01:51:49.540]  It can't be anywhere else.
[01:51:49.540 --> 01:52:00.540]  Those particular people are police officers for their portion of it within those locations, but out on the side of the road, they're not.
[01:52:00.540 --> 01:52:05.540]  Their authority does not extend that far.
[01:52:05.540 --> 01:52:13.540]  For that authority to exist, it has to go to someone else, which the administrative code also defines.
[01:52:13.540 --> 01:52:19.540]  Local law enforcement, meaning the police of the municipalities.
[01:52:19.540 --> 01:52:27.540]  It says right there in rule 4.3 under Title 37 how these people get certified to become authorized.
[01:52:27.540 --> 01:52:31.540]  They have to have a minimum of two certifications.
[01:52:31.540 --> 01:52:38.540]  They have to have a minimum of 31 inspections alongside an already certified officer.
[01:52:38.540 --> 01:52:45.540]  And they must have qualified in all of these manner, especially the inspection.
[01:52:45.540 --> 01:52:53.540]  The inspections had to have been completed within six months of the certification completion.
[01:52:53.540 --> 01:52:56.540]  Otherwise, they didn't meet the criteria.
[01:52:56.540 --> 01:52:58.540]  Sheriff's Department.
[01:52:58.540 --> 01:53:12.540]  Again, local cops and Sheriff's Department are only authorized to stop motor vehicles in certain places within certain territorial boundaries.
[01:53:12.540 --> 01:53:21.540]  So when you put it in that perspective, you can easily see that every police officer is not a peace officer.
[01:53:21.540 --> 01:53:35.540]  And every peace officer is not automatically a police officer. There are only certain ones that fall in the gray area in the middle that encompasses some people from both sides.
[01:53:35.540 --> 01:53:40.540]  And only those that are in that area can do that job.
[01:53:40.540 --> 01:53:46.540]  Okay, we have two more callers on the board, less than five minutes, so I'm going to see if I can clean this up.
[01:53:46.540 --> 01:53:49.540]  Brian, Minnesota, what can we do for you?
[01:53:49.540 --> 01:53:53.540]  I just want to talk to you on exactly that topic you were just talking about.
[01:53:53.540 --> 01:53:55.540]  Okay.
[01:53:55.540 --> 01:54:01.540]  So this is the same kind of battle I'm having with a couple of my tickets right now up here in Minnesota.
[01:54:01.540 --> 01:54:08.540]  But it's my contention that you're bringing up how our definitions fit almost...
[01:54:08.540 --> 01:54:17.540]  I mean, I didn't compare them visually exactly, Texas, Minnesota, but what you're saying sounds exactly the same.
[01:54:17.540 --> 01:54:24.540]  It's my contention that a meter maid, you're talking like a meter maid for a city or a municipality,
[01:54:24.540 --> 01:54:34.540]  it's my contention that they don't have authority to enforce a statute that they could only enforce an ordinance.
[01:54:34.540 --> 01:54:36.540]  What's your take on that?
[01:54:36.540 --> 01:54:38.540]  Not necessarily.
[01:54:38.540 --> 01:54:43.540]  An ordinance cannot exist unless it's based on a state law.
[01:54:43.540 --> 01:54:50.540]  The problem, however, is how does the ordinance get authority over the people in general?
[01:54:50.540 --> 01:55:02.540]  One, your state, via your Constitution and your bodies of politics created only one body in your government
[01:55:02.540 --> 01:55:08.540]  that can create law binding upon the people, and that's your state legislature.
[01:55:08.540 --> 01:55:16.540]  That authority cannot be delegated to a political subdivision such as a county commission or a municipality.
[01:55:16.540 --> 01:55:25.540]  So the argument becomes how can an ordinance be binding on someone that is not a part of the corporate entity known as the municipality
[01:55:25.540 --> 01:55:31.540]  or is not engaging in commerce within the boundaries of that municipality?
[01:55:31.540 --> 01:55:38.540]  I understand that argument, but my argument, they're using an art that the officer for the municipality,
[01:55:38.540 --> 01:55:43.540]  their only requirement is that there's no oath of office, and their only requirement is a...
[01:55:43.540 --> 01:55:44.540]  That doesn't happen, Pat.
[01:55:44.540 --> 01:55:49.540]  Well, unless the state specifically requires an oath of office for all officers,
[01:55:49.540 --> 01:55:50.540]  they may not be.
[01:55:50.540 --> 01:55:54.540]  Does your Constitution and your statutes require them to have an oath?
[01:55:54.540 --> 01:56:04.540]  I might have to investigate that more, but to enforce a statute, they would have to be delegated...
[01:56:04.540 --> 01:56:08.540]  I mean, to me, they would have to be delegated peace officers, wouldn't they?
[01:56:08.540 --> 01:56:09.540]  Not necessarily.
[01:56:09.540 --> 01:56:12.540]  It all depends upon how your laws have been set up.
[01:56:12.540 --> 01:56:17.540]  Remember, a police officer and a peace officer may not be the same thing.
[01:56:17.540 --> 01:56:19.540]  That's what I was just saying.
[01:56:19.540 --> 01:56:20.540]  Right, right.
[01:56:20.540 --> 01:56:21.540]  No, it's great that you're talking about this.
[01:56:21.540 --> 01:56:22.540]  I just wanted to get your take on that.
[01:56:22.540 --> 01:56:23.540]  Thank you very much.
[01:56:23.540 --> 01:56:24.540]  You're very welcome.
[01:56:24.540 --> 01:56:27.540]  Okay, we're going to go to Mark in Texas.
[01:56:27.540 --> 01:56:29.540]  We've got about two and a half minutes left.
[01:56:29.540 --> 01:56:30.540]  Mark, go ahead.
[01:56:30.540 --> 01:56:35.540]  I was served a ticket by an officer at APD, and I was wondering, like, how come on the
[01:56:35.540 --> 01:56:39.540]  ticket is not stating that I will be charged with surcharges also?
[01:56:39.540 --> 01:56:41.540]  And when I went into the...
[01:56:41.540 --> 01:56:43.540]  It is, or at least it should be.
[01:56:43.540 --> 01:56:46.540]  Down there on that ticket, there'll be a big block of text.
[01:56:46.540 --> 01:56:53.540]  It's supposed to be printed in letters larger than any other type on the citation.
[01:56:53.540 --> 01:56:54.540]  Okay?
[01:56:54.540 --> 01:56:56.540]  And it should say that there are...
[01:56:56.540 --> 01:57:00.540]  You should look for the word surcharges, but it's in there.
[01:57:00.540 --> 01:57:02.540]  It's required by law to be there.
[01:57:02.540 --> 01:57:06.540]  If it's not, the citation is invalid on its face.
[01:57:06.540 --> 01:57:07.540]  Okay.
[01:57:07.540 --> 01:57:11.540]  And I was wondering, like, whenever I went to go, like, pay payments on a ticket, they
[01:57:11.540 --> 01:57:17.540]  had me sign these forms or whatnot, which was done by a handheld device, and it didn't
[01:57:17.540 --> 01:57:20.540]  say any other information that I was signing.
[01:57:20.540 --> 01:57:21.540]  Then don't sign it.
[01:57:21.540 --> 01:57:25.540]  There's nothing that says you have to sign an electronic pad, nothing.
[01:57:25.540 --> 01:57:29.540]  If they want you to sign something, you tell them to print it out in hard copy and hand
[01:57:29.540 --> 01:57:32.540]  it to you to read first.
[01:57:32.540 --> 01:57:34.540]  All right.
[01:57:34.540 --> 01:57:35.540]  Thank you.
[01:57:35.540 --> 01:57:38.540]  You're very welcome.
[01:57:38.540 --> 01:57:41.540]  Okay, I cannot say that enough, people.
[01:57:41.540 --> 01:57:45.540]  Do not let them con you into signing that little electronic pad.
[01:57:45.540 --> 01:57:51.540]  If Austin Municipal Court had a clue what they were doing, they would know they are
[01:57:51.540 --> 01:57:56.540]  setting these clerks and that court up for a lawsuit bigger than any of them can afford
[01:57:56.540 --> 01:57:57.540]  to pay.
[01:57:57.540 --> 01:58:05.540]  When you take my signature without my knowledge and consent, you capture it and you stick it
[01:58:05.540 --> 01:58:12.540]  on a document that insists that that signature creates a waiver of my rights to something,
[01:58:12.540 --> 01:58:16.540]  and I didn't have any clue that's what you were doing with it.
[01:58:16.540 --> 01:58:19.540]  That's fraud and that's identity theft.
[01:58:19.540 --> 01:58:25.540]  And if you think for one second I'm not coming after you for that, you are sadly mistaken.
[01:58:25.540 --> 01:58:29.540]  We need to fight back, people, or we're going to lose it all.
[01:58:29.540 --> 01:58:30.540]  All right.
[01:58:30.540 --> 01:58:31.540]  This has been Rule of Law Radio.
[01:58:31.540 --> 01:58:33.540]  Thank you all for listening.
[01:58:33.540 --> 01:58:34.540]  We greatly appreciate it.
[01:58:34.540 --> 01:58:39.540]  Please help us with donations as often and with as much as you can to help keep us on
[01:58:39.540 --> 01:58:43.540]  the air and to help keep the calls coming in so that we can help where we can.
[01:58:43.540 --> 01:58:44.540]  God bless you.
[01:58:44.540 --> 01:59:13.540]  Take care and good night.
[01:59:14.540 --> 01:59:40.540]  God bless you.
[01:59:40.540 --> 01:59:58.540]  God bless you.