[00:00.000 --> 00:04.880]  This news brief brought to you by the International Newsnet.
[00:04.880 --> 00:09.420]  A Kenyan government spokesman said Thursday Kenya planned for several months before sending
[00:09.420 --> 00:14.200]  military forces into Somalia this October to fight al-Shabaab militants.
[00:14.200 --> 00:18.460]  The statement contradicts earlier claims the incursion was prompted by recent kidnappings
[00:18.460 --> 00:22.000]  of foreigners inside Kenya by Somali gunmen.
[00:22.000 --> 00:28.040]  France said this week it is providing logistical support for Kenya's invasion.
[00:28.040 --> 00:35.080]  A new Gallup poll has found a record low 26% of Americans favor a legal ban on the possession
[00:35.080 --> 00:39.600]  of handguns other than by police and other authorized people.
[00:39.600 --> 00:46.120]  When Gallup first asked Americans this question in 1959, 60% favored banning handguns.
[00:46.120 --> 00:50.960]  But since 1975, the majority of Americans have opposed such a measure with opposition
[00:50.960 --> 00:55.320]  around 70% in recent years.
[00:55.320 --> 00:59.820]  The Washington Post is coming under fire for its coverage of Occupy Oakland.
[00:59.820 --> 01:03.720]  After police cleared the encampment earlier this week, the Post ran a story under the
[01:03.720 --> 01:07.400]  headline, protesters wearing out their welcome nationwide.
[01:07.400 --> 01:13.440]  A picture shows a cop petting a kitten captioned, a police officer pets a cat left behind by
[01:13.440 --> 01:16.840]  Wall Street protesters.
[01:16.840 --> 01:21.480]  Presidential hopeful, Mitt Romney Wednesday became the latest Republican candidate to
[01:21.480 --> 01:23.560]  call for a flat tax.
[01:23.560 --> 01:28.400]  He came just a day after Rick Perry grabbed headlines with a proposal for an optional
[01:28.400 --> 01:30.960]  flat 20% income tax.
[01:30.960 --> 01:37.280]  Both followed Herman Cain's flat 9% income tax as part of his 999 plan, which helped
[01:37.280 --> 01:42.120]  him jump to the top tier of candidates for the party's 2012 nomination.
[01:42.120 --> 01:45.880]  Newt Gingrich and Michelle Bachman also endorsed a flat tax.
[01:45.880 --> 01:51.640]  A flat tax would simplify taxes, but it would give big tax cuts to wealthy Americans while
[01:51.640 --> 01:55.680]  increasing taxes on low-income workers and the poor.
[01:55.680 --> 02:01.040]  Outrage over growing income inequality is the driving force behind the country-wide Occupy
[02:01.040 --> 02:04.320]  Wall Street demonstrations.
[02:04.320 --> 02:09.480]  NASA is forecasting a potential worldwide disaster far greater than the Fukushima nuclear
[02:09.480 --> 02:10.480]  meltdown.
[02:10.480 --> 02:15.440]  The space agency recently warned that solar activity is surging with a peak expected in
[02:15.440 --> 02:20.200]  2013, generating the enormous radiation levels across the planet.
[02:20.200 --> 02:26.200]  The National Oceanic and Atmospheric Administration has issued an urgent warning about solar flares
[02:26.200 --> 02:29.440]  due to strike in 2012 and 2013.
[02:29.440 --> 02:34.600]  In nuclear power stations, fuel is prevented from melting down through the steady circulation
[02:34.600 --> 02:37.600]  of coolants powered by electric pumps.
[02:37.600 --> 02:42.560]  If the pumps stop, the coolant stops flowing and the fuel rods go critical and then melt
[02:42.560 --> 02:43.560]  down.
[02:43.560 --> 02:47.280]  After that, the nuclear facility is dependent on diesel generators.
[02:47.280 --> 02:51.880]  If diesel cannot be delivered, the generators can't be fired up, and the coolant cannot
[02:51.880 --> 02:52.880]  be circulated.
[02:52.880 --> 03:22.320]  Thus, a single solar flare could unleash a nuclear holocaust across the planet.
[03:22.320 --> 03:38.500]  So I'm going to show you this...
[03:38.500 --> 04:05.060]  All right, bad boys, bad boys, what are you going to do when we come for you?
[04:05.060 --> 04:13.860]  We're on the rule of law, rule of law radio tonight, Thursday, October 27th, 2011.
[04:13.860 --> 04:19.660]  They get hot, they must get cooled down indeed, indeed, and that is what is going to happen
[04:19.660 --> 04:23.580]  shortly to these rogues in Cherokee County.
[04:23.580 --> 04:26.300]  We have some updates for you tonight.
[04:26.300 --> 04:28.100]  Randy is out.
[04:28.100 --> 04:30.120]  He cannot join us this evening.
[04:30.120 --> 04:35.900]  He is in transit in route back from Cherokee County back to Fort Worth.
[04:35.900 --> 04:40.820]  He did get out a couple of days ago, and then he had to go back again for another hearing
[04:40.820 --> 04:43.180]  on these bogus contempt charges.
[04:43.180 --> 04:49.060]  However, fortunately, he was able to get a continuance for the hearing that was going
[04:49.060 --> 04:55.060]  to occur today where they were likely going to throw him back in for another year.
[04:55.060 --> 05:01.220]  So Eddie, you want to take it from here and give some of the updates?
[05:01.220 --> 05:06.420]  Well the information I have at the moment is pretty slim, but we did get him out on
[05:06.420 --> 05:07.420]  bail.
[05:07.420 --> 05:12.420]  He did wind up in Tyler getting a GPS anklet put on himself.
[05:12.420 --> 05:21.100]  He has been in Fort Worth for at least a day or two now, and he has, as you stated, the
[05:21.100 --> 05:27.060]  contempt hearing that was supposed to occur today, they granted a continuance for that.
[05:27.060 --> 05:31.980]  And in that continuance, I think they postponed it for another 30 days or so.
[05:31.980 --> 05:37.740]  But right now, Randy is out, folks, and without your help, that would not have been possible.
[05:37.740 --> 05:39.180]  He would still be in there.
[05:39.180 --> 05:41.980]  So thank you so much for the donations.
[05:41.980 --> 05:45.860]  But the war continues, so to speak.
[05:45.860 --> 05:50.060]  We still need the money for the other two contempt charges where they will most likely
[05:50.060 --> 05:55.540]  attempt to throw him back in there and set a very high bail before we can get him out
[05:55.540 --> 05:56.540]  again.
[05:56.540 --> 06:01.900]  We do still need to get our hands on the transcript for the appeal and so on and so forth.
[06:01.900 --> 06:05.100]  So please don't stop donating if you're able.
[06:05.100 --> 06:06.940]  We still need your help.
[06:06.940 --> 06:13.460]  Yes, and also, I did talk to him today about upcoming expenses in this situation.
[06:13.460 --> 06:18.620]  He did have one hearing already concerning his attempt to get indigency status, and it
[06:18.620 --> 06:20.260]  was denied.
[06:20.260 --> 06:22.740]  They will not give him indigency status.
[06:22.740 --> 06:29.380]  So basically, they are just out to get him no matter what, as hard as they can.
[06:29.380 --> 06:35.980]  And we've just about run ourselves dry right now as far as the donations are concerned
[06:35.980 --> 06:39.060]  with the bail, which was $5,000.
[06:39.060 --> 06:45.600]  And as Eddie just stated, it's going to cost between $2,200 and $3,000 for the transcript.
[06:45.600 --> 06:48.540]  And also, Randy has to hire an attorney.
[06:48.540 --> 06:49.540]  He needs to.
[06:49.540 --> 06:54.020]  That was one of the primary reasons why he got his continuance today was so that he would
[06:54.020 --> 06:55.020]  have time to get an attorney.
[06:55.020 --> 06:58.940]  So he's going to have to hire an attorney for the contempt charges.
[06:58.940 --> 07:07.700]  Well, given all that, please, please, I'm asking you again, please do not stop donating.
[07:07.700 --> 07:12.020]  We really, really need the financial help in this matter right now.
[07:12.020 --> 07:16.260]  So all of you that have donated, thank you so much for all of you that are still able
[07:16.260 --> 07:19.620]  to continue doing small monthly donations for this.
[07:19.620 --> 07:21.140]  Thank you as well.
[07:21.140 --> 07:27.140]  If you haven't yet donated, please go to the Rule of Law website and do so.
[07:27.140 --> 07:29.260]  I mean, just whatever you can give.
[07:29.260 --> 07:30.780]  Every little bit helps.
[07:30.780 --> 07:36.300]  Everything goes toward helping Randy with this situation so that we can get him out,
[07:36.300 --> 07:39.820]  turn the tables on these guys when this is all over.
[07:39.820 --> 07:44.700]  Because as we noted from the original trial, I went over everything that we knew to be
[07:44.700 --> 07:50.600]  factual about the way the trial was conducted, the charging instruments, the complaints.
[07:50.600 --> 07:56.220]  There was absolutely nothing about this trial that was legal or valid.
[07:56.220 --> 08:00.020]  Everything was set up as a railroad job, everything.
[08:00.020 --> 08:05.620]  There was not a single witness that testified to either of the necessary primary elements
[08:05.620 --> 08:07.820]  of the alleged defense.
[08:07.820 --> 08:14.660]  They did charge Randy with operating an investigative business without a license, yet not once
[08:14.660 --> 08:19.020]  did they ever prove the existence of a business.
[08:19.020 --> 08:26.580]  They didn't produce a single document for a DBA, article of incorporation, nothing.
[08:26.580 --> 08:31.820]  There was absolutely no evidence introduced of a business.
[08:31.820 --> 08:38.460]  On top of that, the other required element is employed for the purpose of providing
[08:38.460 --> 08:42.980]  one of those services that it speaks of in the statute.
[08:42.980 --> 08:50.620]  Criminal security, location security, or investigative services.
[08:50.620 --> 08:57.420]  There was no witness that testified at trial that they had ever paid Randy a single penny
[08:57.420 --> 09:01.820]  to provide them with any of those services.
[09:01.820 --> 09:07.700]  No one testified they had ever employed Randy to provide any of that stuff.
[09:07.700 --> 09:13.900]  And yet, they still acted as if they had evidence, and they didn't.
[09:13.900 --> 09:20.940]  There was no evidence, there was no cancel checks, no money orders, no bank checks, no
[09:20.940 --> 09:26.260]  cash transactions that anybody could testify to, nothing.
[09:26.260 --> 09:30.580]  There is no question this was a railroad job.
[09:30.580 --> 09:36.460]  The charging instruments themselves alleged absolutely no facts charging Randy with a
[09:36.460 --> 09:37.460]  crime.
[09:37.460 --> 09:38.460]  Nothing.
[09:38.460 --> 09:41.100]  They were useless on their face.
[09:41.100 --> 09:49.460]  It just goes to show the level of corruption that these public officials are just throwing
[09:49.460 --> 09:53.900]  in our face every single day.
[09:53.900 --> 09:58.860]  I mean, literally, it's like walking into a courtroom, the prosecutor and the judge
[09:58.860 --> 10:03.660]  looking at you and immediately spitting on you and telling you, you don't stand a chance
[10:03.660 --> 10:08.340]  here, we're just letting you know it in advance.
[10:08.340 --> 10:12.740]  And folks, as long as we let them get away with what they're doing in cases like Randy's,
[10:12.740 --> 10:19.580]  in cases like ones I've had previously, in cases that people face in these stupid traffic
[10:19.580 --> 10:26.900]  courts that have no sense of justice to them at all, this will continue, and it will only
[10:26.900 --> 10:29.980]  get worse.
[10:29.980 --> 10:37.580]  If we don't stand up, put our foot down and demand this system get fixed, it's not going
[10:37.580 --> 10:39.660]  to happen.
[10:39.660 --> 10:41.460]  So it's up to you, folks.
[10:41.460 --> 10:47.740]  It's up to you to get up, do something in your area, get up and support us if you don't
[10:47.740 --> 10:53.500]  want to get out and do it yourself, support us so that we can do it from here.
[10:53.500 --> 10:55.980]  We exist because you people listen.
[10:55.980 --> 11:00.620]  We exist because you people donate to keep us existing.
[11:00.620 --> 11:06.220]  So please, please, don't let us down now when we need you the most.
[11:06.220 --> 11:09.220]  Yes, indeed.
[11:09.220 --> 11:16.740]  And I think also one of the reasons that the Consenuance was also granted, not only because
[11:16.740 --> 11:23.220]  he doesn't have an attorney, but because there was no way that Randy had proper notice of
[11:23.220 --> 11:25.660]  this hearing.
[11:25.660 --> 11:32.500]  He had been informed by someone at the jail that he was supposed to have a hearing coming
[11:32.500 --> 11:35.860]  up sometime this week, but it was unclear what the date was.
[11:35.860 --> 11:38.980]  He never saw an order by the judge, nothing.
[11:38.980 --> 11:44.540]  And so I called the court last week, I called the court clerk's office, the clerk of the
[11:44.540 --> 11:51.260]  court of Cherokee County, on the 19th to be exact, to ask if there were any hearings coming
[11:51.260 --> 11:56.260]  up for Randall Kelton, and if so, what were the dates and what was the nature of the hearing?
[11:56.260 --> 12:05.260]  And two women, Autumn and Rosia, at the clerk's office, both told me after apparently looking
[12:05.260 --> 12:09.540]  into the record that there were no hearings scheduled.
[12:09.540 --> 12:17.580]  Well, on the day that Randy gets bailed out, which was this past Tuesday, he has his correctional
[12:17.580 --> 12:23.500]  supervisor call to find out what the deal was, and the court clerk, I'm not sure who
[12:23.500 --> 12:28.020]  it was, told his correctional supervisor, oh, yes, he has a hearing this Thursday.
[12:28.020 --> 12:30.020]  And so we're like, oh, really?
[12:30.020 --> 12:35.460]  And so I wrote up an affidavit to be filed in the case stating my experience, and then
[12:35.460 --> 12:40.460]  I tell Jerry on Tuesday, hey, Jerry, why don't you call and find out if there's a hearing?
[12:40.460 --> 12:42.180]  See if they'll tell you.
[12:42.180 --> 12:48.860]  So Jerry calls, and the same woman, Autumn Vaught, tells Jerry, oh, yes, he has a hearing
[12:48.860 --> 12:50.740]  scheduled this Thursday.
[12:50.740 --> 12:55.340]  And Jerry goes, okay, when did the judge set this hearing?
[12:55.340 --> 13:00.620]  And Autumn tells Jerry on the 27th of September.
[13:00.620 --> 13:06.100]  And Jerry said, can you please tell me what date the clerk of the court was notified of
[13:06.100 --> 13:07.100]  this hearing?
[13:07.100 --> 13:14.460]  And she says, oh, yes, the 27th of September, okay, thank you very much.
[13:14.460 --> 13:19.940]  So now we've caught the clerk of the court red-handed in a lie.
[13:19.940 --> 13:26.780]  She lied to me and told me there was no hearing when she knew full well there was a hearing
[13:26.780 --> 13:31.500]  this coming Thursday, and she has known this since September 27th.
[13:31.500 --> 13:34.820]  And so Jerry and I both submitted affidavits in the case.
[13:34.820 --> 13:37.220]  So we can go after the clerk of the court for that.
[13:37.220 --> 13:41.460]  And Randy says he's going to go after the judge for that, too, claiming that the judge
[13:41.460 --> 13:45.820]  instructed the clerk of the court to keep this information from the public.
[13:45.820 --> 13:50.900]  So in short, there was no way that anybody could have been able to help Randy at all
[13:50.900 --> 13:56.500]  to prepare for this hearing because the clerk of the court was not making it known to the
[13:56.500 --> 14:01.700]  public that there was a hearing that was coming up, even though she knew.
[14:01.700 --> 14:03.820]  So we're not very happy about that either.
[14:03.820 --> 14:09.860]  Only to make a long story short, folks, they're going to do anything and everything they can
[14:09.860 --> 14:15.420]  to railroad Randy back into jail over these bogus contempt charges.
[14:15.420 --> 14:19.860]  And I asked Randy today, I said, why did they hold you in contempt anyway?
[14:19.860 --> 14:21.500]  What happened?
[14:21.500 --> 14:28.140]  And he said, well, he would make some objections, and the judge told him, don't make any more
[14:28.140 --> 14:30.660]  objections in my court.
[14:30.660 --> 14:36.300]  And Randy said, Your Honor, you can overrule my objections, but I have the right to make
[14:36.300 --> 14:40.980]  objections, and I have to make objections if I want to preserve my objections for the
[14:40.980 --> 14:43.060]  record, for my appeal.
[14:43.060 --> 14:46.780]  And the judge says, well, you're not to make any more objections in my court.
[14:46.780 --> 14:50.860]  And so Randy did anyway, and that's why he's held in contempt.
[14:50.860 --> 14:56.900]  So yes, this judge is completely corrupt, completely rogue, just off the chain, off
[14:56.900 --> 14:58.460]  the cuff, off the hook.
[14:58.460 --> 15:02.460]  And so we've got to go back after him, but it's going to cost money, because they've
[15:02.460 --> 15:04.700]  denied Randy Indigency's status.
[15:04.700 --> 15:06.580]  That means he's got to pay for the record.
[15:06.580 --> 15:10.020]  He's got to pay also for the transcript.
[15:10.020 --> 15:11.900]  He's got to pay for an attorney.
[15:11.900 --> 15:17.740]  He has to get an attorney now, or else they're going to throw him back in jail next month.
[15:17.740 --> 15:22.620]  That was the contingency stipulation of him getting a continuous, is that he's got to
[15:22.620 --> 15:26.220]  show up with an attorney next month for this contempt hearing.
[15:26.220 --> 15:29.780]  So we've got to pay for an attorney, we've got to pay for all these things.
[15:29.780 --> 15:32.900]  And yes, hopefully someday we'll get it all back in the lawsuit.
[15:32.900 --> 15:36.860]  But in the meantime, if we want to keep Randy out, it's going to cost.
[15:36.860 --> 15:39.220]  And of course, we still have to keep the network on the air too.
[15:39.220 --> 15:45.820]  So we've kind of made it past square one here, folks, but we do still desperately need your
[15:45.820 --> 15:46.820]  help.
[15:46.820 --> 15:50.020]  And Randy says he's sorry that he didn't come on the air tonight, but he is just too
[15:50.020 --> 15:51.020]  exhausted.
[15:51.020 --> 15:57.780]  He's been subjected to sleep deprivation and sensory overstimulation.
[15:57.780 --> 16:00.620]  They had him in solitary confinement most of the time.
[16:00.620 --> 16:03.900]  That's why he wasn't able to call out, even though he had money and his commissory to
[16:03.900 --> 16:04.900]  call out.
[16:04.900 --> 16:07.820]  And I asked him, why did they put you in there?
[16:07.820 --> 16:12.620]  They're not supposed to put people in solitary confinement unless they're being disruptive
[16:12.620 --> 16:18.620]  or violent or showing that they are in danger to themselves or others, or if they request
[16:18.620 --> 16:19.620]  to be put in solitary.
[16:19.620 --> 16:21.740]  I said, were you being disruptive or violent?
[16:21.740 --> 16:23.460]  He said, no, they put me in there right away.
[16:23.460 --> 16:24.700]  I said, did you request to go in there?
[16:24.700 --> 16:25.980]  He said, no.
[16:25.980 --> 16:27.620]  And so that's just another cause of action.
[16:27.620 --> 16:29.060]  He said, they never turned out the lights.
[16:29.060 --> 16:30.500]  He couldn't hardly sleep.
[16:30.500 --> 16:35.940]  And so then he had to go, he got out on Tuesday, then he had to go back today, so four or five
[16:35.940 --> 16:38.660]  hour drive each way back and forth.
[16:38.660 --> 16:43.940]  So he sends his thanks and apologies, but he said he will be on the air tomorrow night.
[16:43.940 --> 16:49.140]  So to folks who will be going live tomorrow night with Randy.
[16:49.140 --> 16:53.060]  So that's the update that we have up until this point in time.
[16:53.060 --> 16:55.300]  We'll be right back.
[16:55.300 --> 17:01.660]  This is the Rule of Law, ruleoflawradio.com.
[17:01.660 --> 17:05.220]  Capital Corn and Bullion is a family owned and operated business that has helped many
[17:05.220 --> 17:07.900]  families and friends in protecting their assets.
[17:07.900 --> 17:10.060]  And we would like to do the same for you.
[17:10.060 --> 17:16.340]  In addition to coins and bullion, we now offer Patriot Saves, ammunition, Berkey water products,
[17:16.340 --> 17:21.780]  gift certificates, wristbands, and our new Silver Pool, a new way to guarantee silver
[17:21.780 --> 17:24.420]  by prepaying at a lost price.
[17:24.420 --> 17:27.700]  We can even help you set up a metals IRA account.
[17:27.700 --> 17:33.020]  Call us at 512-646-6440 for more details.
[17:33.020 --> 17:38.500]  As always, we buy, sell, and trade precious metals and cater to those with all sizes of
[17:38.500 --> 17:39.500]  coin collections.
[17:39.500 --> 17:46.660]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canaan, next
[17:46.660 --> 17:49.660]  to the Ikebond Sushi and the Genie Car Wash.
[17:49.660 --> 17:54.140]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[17:54.140 --> 18:00.580]  Visit us at CapitalCornandBullion.com or call 512-646-6440.
[18:00.580 --> 18:05.860]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.860 --> 18:09.540]  Ask debt collectors now with the Michael Maris Proven Method.
[18:09.540 --> 18:13.660]  Michael Maris has won six cases in federal court against debt collectors, and now you
[18:13.660 --> 18:14.660]  can win two.
[18:14.660 --> 18:19.500]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.500 --> 18:25.340]  civil rights statutes, what to do when contacted by phones, mail, or court summons, how to answer
[18:25.340 --> 18:29.900]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.900 --> 18:34.100]  financial tables on them and make them pay you to go away.
[18:34.100 --> 18:39.220]  The Michael Maris Proven Method is the solution for how to stop debt collectors.
[18:39.220 --> 18:41.340]  Personal consultation is available as well.
[18:41.340 --> 18:46.900]  For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner
[18:46.900 --> 18:49.860]  or email Michael Maris at yahoo.com.
[18:49.860 --> 18:57.580]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.580 --> 19:08.100]  And to learn how to stop debt collectors now.
[19:08.100 --> 19:26.580]  Alright folks, we are back to the rule of law radio.
[19:26.580 --> 19:33.980]  Okay, the calling number is 512-646-1984, so if you have any questions or issues or
[19:33.980 --> 19:36.740]  things of that nature, please give us a call.
[19:36.740 --> 19:40.380]  While we're waiting on callers to get on the board, I'm going to talk about some information
[19:40.380 --> 19:43.980]  I've been working on for some folks the past couple of weeks.
[19:43.980 --> 19:49.100]  And it'll interest all of the people in Texas regarding a traffic citation.
[19:49.100 --> 19:51.940]  And here's the things that you need to know.
[19:51.940 --> 20:00.220]  Okay, Texas law has three specific sections that require that a citation be formatted
[20:00.220 --> 20:05.180]  in a particular way, meaning that there are certain statements that must appear on the
[20:05.180 --> 20:13.140]  citation and that those statements are required to be formatted in a very specific manner according
[20:13.140 --> 20:15.140]  to the statute.
[20:15.140 --> 20:23.540]  For instance, in article 14.06 code of criminal procedure, 14.06b has the following, has
[20:23.540 --> 20:30.940]  a statement on there and it reads like this, the following admonishment in bold face or
[20:30.940 --> 20:36.180]  underline type or in capital letters.
[20:36.180 --> 20:43.380]  Now the statute says that that statement on that citation must be formatted in one or
[20:43.380 --> 20:50.180]  more of those ways before that statement on the citation is valid.
[20:50.180 --> 20:57.220]  If that statement is not on the citation in the proper format, the citation itself as
[20:57.220 --> 21:06.380]  a whole is invalid because the law says the citation shall have the following and that
[21:06.380 --> 21:11.780]  it shall be formatted in this particular way.
[21:11.780 --> 21:15.220]  So that's one of the three.
[21:15.220 --> 21:24.500]  The next one we look at is section 601.233a of the Texas Transportation Code.
[21:24.500 --> 21:37.980]  In section 601.233a it reads this way, a citation for an offense under section 601.191 issued
[21:37.980 --> 21:50.900]  as a result of section 601.053 must include in type larger than other type on the citation
[21:50.900 --> 21:59.700]  except for the type of the statement required by section 708.105, the following statement.
[21:59.700 --> 22:05.180]  Then it goes into this long statement that must be on the citation.
[22:05.180 --> 22:11.540]  But again, notice the specificity with which it says that statement must be formatted.
[22:11.540 --> 22:16.540]  Not only does it tell you what the text of the statement must read, but it tells you
[22:16.540 --> 22:25.180]  that the font or type case of that statement is required to be larger than any other type
[22:25.180 --> 22:36.060]  on the entire citation other than the type for the statement that 708.105 requires.
[22:36.060 --> 22:44.420]  So given that, what we have here is a situation where we have tickets that are not formatted
[22:44.420 --> 22:46.700]  in the way these statutes require.
[22:46.700 --> 22:52.380]  Now this particular statement only applies to a citation that has been, if it's been
[22:52.380 --> 23:02.140]  issued with one of the offenses being some failure to maintain financial responsibility.
[23:02.140 --> 23:15.020]  So this statement only applies to a citation that has been issued under 601.191 and 601.053
[23:15.020 --> 23:19.860]  for failure to maintain some form of financial responsibility.
[23:19.860 --> 23:26.460]  But that being said, most citations are have to be formatted to be written for any of the
[23:26.460 --> 23:28.940]  alleged traffic offenses.
[23:28.940 --> 23:39.220]  So if you have a citation and this specific statement from 601.233 is not on it and that
[23:39.220 --> 23:45.900]  citation was issued for failure to maintain financial responsibility, the citation is invalid
[23:45.900 --> 23:47.620]  as a matter of law.
[23:47.620 --> 23:52.060]  And no complaint based upon that citation is any good.
[23:52.060 --> 24:01.540]  Now last but most certainly not least in this, we have section 708.105.
[24:01.540 --> 24:04.380]  Notice the potential surcharge.
[24:04.380 --> 24:16.980]  This section has to be on every citation issued in Texas and it reads thusly 701.105A, a citation
[24:16.980 --> 24:24.580]  issued for an offense under a traffic law of this state or a political subdivision of
[24:24.580 --> 24:25.660]  this state.
[24:25.660 --> 24:31.540]  So in this case it would apply to ordinances as well folks.
[24:31.540 --> 24:42.460]  Must include in type larger than any other type on the citation, the following statement.
[24:42.460 --> 24:51.340]  Now get that, it must have the statement in a font size or a typeface size that is larger
[24:51.340 --> 24:58.020]  than any other text on the entire citation.
[24:58.020 --> 25:00.060]  It's that simple.
[25:00.060 --> 25:06.820]  Now this would include the title they put in that section, why?
[25:06.820 --> 25:13.860]  Because the statute specifically says the statement is what must be formatted this way,
[25:13.860 --> 25:19.900]  not the caption to the section the statement is in.
[25:19.900 --> 25:28.020]  So what that means is, is the caption to this statement, if it is the same size as the statement,
[25:28.020 --> 25:36.940]  the statement does not comply with law because it is not larger than any other type on the
[25:36.940 --> 25:37.940]  citation.
[25:37.940 --> 25:47.060]  It is equal to the title size and that violates this section of statute.
[25:47.060 --> 25:49.060]  That's a problem.
[25:49.060 --> 25:53.740]  So folks, if you look at your citation for the statements that are contained in these
[25:53.740 --> 26:02.420]  three sections, you will probably find that they do not comply with law.
[26:02.420 --> 26:08.020]  If they don't comply with law, the citation is completely invalid.
[26:08.020 --> 26:14.540]  If it's completely invalid, so is any complaint based upon that citation.
[26:14.540 --> 26:21.100]  And on top of that, that means the officer's purpose for pulling over an individual was
[26:21.100 --> 26:29.020]  to issue them a citation the officer knew was illegal to begin with.
[26:29.020 --> 26:38.020]  Hence the traffic stop itself was illegal to begin with and everything the officer did
[26:38.020 --> 26:49.100]  was illegal to begin with because he cannot pull you over or initiate a stop for the purpose
[26:49.100 --> 26:52.140]  of violating a law.
[26:52.140 --> 26:59.620]  And that is exactly what he did the moment he issued a faulty citation that did not
[26:59.620 --> 27:03.220]  comply with Texas law.
[27:03.220 --> 27:11.940]  Do you see how easy it is to find where these people screw up day in and day out?
[27:11.940 --> 27:17.580]  They want us to obey the letter of the law even when the law has nothing to do with us
[27:17.580 --> 27:21.020]  and doesn't apply to us at all.
[27:21.020 --> 27:28.940]  And at the same time, they violate it day in and day out and act like it's no big deal.
[27:28.940 --> 27:35.620]  All while they're denying us in our right of due process, our right to fair and impartial
[27:35.620 --> 27:42.580]  trials, our right to proper charging instruments, properly sworn complaints, and so on and so
[27:42.580 --> 27:44.660]  forth.
[27:44.660 --> 27:49.780]  They're not doing anything that complies with law and they're violating our rights in the
[27:49.780 --> 27:54.700]  process and because of that, they're criminal.
[27:54.700 --> 28:03.060]  And we should be going after them just like what they are, common criminals.
[28:03.060 --> 28:05.260]  We should be getting mad.
[28:05.260 --> 28:09.300]  We should be getting very mad.
[28:09.300 --> 28:16.260]  We should be making it our goal in life to make their official function and their personal
[28:16.260 --> 28:24.260]  lives utter misery by suing them every minute of every day for every law they violate and
[28:24.260 --> 28:30.140]  every time they violate our rights under the color of that law.
[28:30.140 --> 28:35.620]  This is the only way we're going to make them pay attention to us, folks.
[28:35.620 --> 28:37.460]  It's the only way.
[28:37.460 --> 28:44.660]  They're going to ignore us for as long as they're not held accountable, guaranteed.
[28:44.660 --> 28:48.100]  So Ms. Debra, what do you think of that information?
[28:48.100 --> 28:50.340]  I think we need to hold them accountable.
[28:50.340 --> 28:54.180]  I think if we don't hold them accountable, nothing's ever going to change.
[28:54.180 --> 28:59.460]  And by the way, and Randy can talk about this himself when he gets on the air tomorrow night
[28:59.460 --> 29:04.860]  in one of his letters to me, he said, okay, you and Eddie are right.
[29:04.860 --> 29:06.300]  I'm wrong.
[29:06.300 --> 29:12.580]  We do have to start ending some people's careers or else this isn't going to change.
[29:12.580 --> 29:16.580]  And I was like, okay, he's finally got it.
[29:16.580 --> 29:21.460]  I thought that was going to be one of those self-evident things, but it took it took this
[29:21.460 --> 29:23.700]  incident to make Randy see the light.
[29:23.700 --> 29:26.660]  That's for sure.
[29:26.660 --> 29:30.740]  Because they absolutely have no interest in doing what's right.
[29:30.740 --> 29:32.780]  No, absolutely not.
[29:32.780 --> 29:35.260]  Okay, folks, we'll be right back.
[29:35.260 --> 29:41.180]  Just call in with your questions, comments, 512-646-1984.
[29:41.180 --> 29:42.180]  We will be right back.
[29:42.180 --> 29:45.180]  This is the Rule of Law, ruleoflawradio.com.
[29:45.180 --> 29:48.980]  We've got about another hour and a half and we're ready to take your calls.
[29:48.980 --> 30:00.180]  So call on in.
[30:00.180 --> 30:05.540]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.540 --> 30:07.540]  The government says that fire brought it down.
[30:07.540 --> 30:12.620]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.620 --> 30:16.620]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[30:16.620 --> 30:18.060]  force responders have died.
[30:18.060 --> 30:19.540]  I'm not a conspiracy theorist.
[30:19.540 --> 30:20.540]  I'm a structural engineer.
[30:20.540 --> 30:21.900]  I'm a New York City correction officer.
[30:21.900 --> 30:22.900]  I'm an Air Force pilot.
[30:22.900 --> 30:24.500]  I'm a father who lost his son.
[30:24.500 --> 30:27.180]  We're Americans and we deserve the truth.
[30:27.180 --> 30:32.180]  Go to RememberBuilding7.org today.
[30:32.180 --> 30:34.980]  What's a birthday party without balloons and whistles?
[30:34.980 --> 30:37.380]  A European birthday party, that's what.
[30:37.380 --> 30:42.220]  I'm Dr. Catherine Albrecht and I'll tell you how the EU's uptight regulators are putting
[30:42.220 --> 30:45.700]  an end to childhood fun next.
[30:45.700 --> 30:47.300]  Privacy is under attack.
[30:47.300 --> 30:50.900]  When you give up data about yourself, you'll never get it back again.
[30:50.900 --> 30:55.660]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:55.660 --> 31:00.620]  You'll protect your rights, say no to surveillance, and keep your information to yourself.
[31:00.620 --> 31:03.420]  Privacy, it's worth hanging on to.
[31:03.420 --> 31:07.740]  This public service announcement is brought to you by StartPage.com, the private search
[31:07.740 --> 31:11.260]  engine alternative to Google, Yahoo, and Bing.
[31:11.260 --> 31:13.180]  Start over with StartPage.
[31:13.180 --> 31:15.780]  Talk about a party pooper.
[31:15.780 --> 31:20.780]  In the name of child safety, the European Union has made it a crime for kids to use party
[31:20.780 --> 31:25.060]  whistles, blow up balloons, and catch magnetic fish at parties.
[31:25.060 --> 31:30.060]  And if fear mongering doesn't stop there, EU bureaucrats say toy noisemakers with long
[31:30.060 --> 31:32.300]  paper tongues are dangerous.
[31:32.300 --> 31:36.540]  They've banned all teddy bears unless they're washable and they're controlling the sounds
[31:36.540 --> 31:39.180]  made by rattles and toy instruments.
[31:39.180 --> 31:43.780]  Next thing you know, European kids will be celebrating their birthdays in padded cells,
[31:43.780 --> 31:45.260]  for their own protection of course.
[31:45.260 --> 31:48.580]  But these rules aren't so surprising if you think about it.
[31:48.580 --> 31:51.940]  After all, we know how much those regulators hate whistleblowers.
[31:51.940 --> 31:56.820]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:21.940 --> 32:43.900]  All right folks, we are back, this is rule of law radio.
[32:43.900 --> 32:50.460]  Okay, as we noted in the previous first half hour, Randy is out.
[32:50.460 --> 32:54.700]  He is in Dallas, or I should say Fort Worth.
[32:54.700 --> 32:58.180]  He did not have his hearing today for the contempt.
[32:58.180 --> 33:05.820]  They did grant a continuance, so we are waiting to see what's going to happen when that occurs.
[33:05.820 --> 33:12.140]  But we're still going to need your help with donations and things of that nature because
[33:12.140 --> 33:14.780]  they're going to try to throw him back in jail.
[33:14.780 --> 33:21.380]  They cited him for contempt twice for doing nothing more than objecting to illegal actions
[33:21.380 --> 33:27.980]  by the prosecutor, the witnesses and the judge, and the judge held him in contempt for preserving
[33:27.980 --> 33:29.580]  the record.
[33:29.580 --> 33:33.340]  This should give you an idea of the kind of people we're dealing with.
[33:33.340 --> 33:40.780]  Now that being said, another issue that we're having to deal with here lately is accessing
[33:40.780 --> 33:44.180]  our records from the clerk of the court.
[33:44.180 --> 33:53.140]  Now I spent the last week and a half doing not only the motion to quash that I read to
[33:53.140 --> 33:58.580]  you a moment ago regarding the invalidity of the citation itself as non-compliant with
[33:58.580 --> 34:06.420]  law, but I've also written up a demand for access to public court records.
[34:06.420 --> 34:10.980]  Now notice there is a distinct difference here in what I'm talking about between a public
[34:10.980 --> 34:20.940]  court record, a public record, and a record requiring an open records request, okay?
[34:20.940 --> 34:28.020]  We're dealing with three distinctly separate classes of documentation here.
[34:28.020 --> 34:35.620]  The open records request and open and public records of certain types are governed under
[34:35.620 --> 34:39.700]  chapter 552 of the Texas government code.
[34:39.700 --> 34:48.620]  So if you need to know what is or isn't considered a public record as far as those that require
[34:48.620 --> 34:53.980]  information request or an open records request, then check out that chapter.
[34:53.980 --> 35:00.260]  It's not real long, but it does have a lot of information in it that you can look at.
[35:00.260 --> 35:05.060]  But what I've done is I've constructed this demand for access to public court records
[35:05.060 --> 35:09.900]  and we're going to file it in our case just as if it's a motion or something else.
[35:09.900 --> 35:14.860]  We're going to put the same case style on it and we're going to file it with the court.
[35:14.860 --> 35:20.740]  And again, the entire reason we're going to do this is to preserve the record that the
[35:20.740 --> 35:29.300]  local court is attempting to deprive us of our right to do process by denying us access
[35:29.300 --> 35:36.980]  to the court record where they have hidden the charging instrument, if there is one,
[35:36.980 --> 35:40.300]  and the complaint, okay?
[35:40.300 --> 35:42.060]  So keep that in mind.
[35:42.060 --> 35:48.620]  They are actually saying the information you need that the law says you can have is in
[35:48.620 --> 35:50.260]  the court record.
[35:50.260 --> 35:55.580]  But we're not going to give you access to it unless you go through this procedure and
[35:55.580 --> 36:02.140]  give us up to 10 days to supply it, even though the law says the records you want aren't covered
[36:02.140 --> 36:04.180]  under this act in this procedure.
[36:04.180 --> 36:13.500]  Basically, they are attempting to deny us access to public case files and that's illegal,
[36:13.500 --> 36:14.500]  okay?
[36:14.500 --> 36:20.740]  It is a denial of our common law right to access those records.
[36:20.740 --> 36:25.620]  So we need to hold these people accountable for this and that's what this document is
[36:25.620 --> 36:31.780]  meant to put into the record to show that on appeal, we were denied our right of due
[36:31.780 --> 36:39.180]  process to know the nature in charge against us and several other aspects of due process.
[36:39.180 --> 36:42.780]  So I'm going to go ahead and run down this for you.
[36:42.780 --> 36:46.900]  It's not real long and I'm not going to read the entire statutory sections.
[36:46.900 --> 36:52.020]  I'm just going to tell you what section to look at to see where the argument comes from.
[36:52.020 --> 36:55.900]  But the document, Dan, I do see you on the board there, by the way, so if you'll hang
[36:55.900 --> 36:58.860]  on, I will get to you after we get this out.
[36:58.860 --> 37:04.020]  All right, this is a written demand for the immediate production for inspection and or
[37:04.020 --> 37:09.340]  copying of the public court record for cause number and whatever the cause number is.
[37:09.340 --> 37:15.100]  This is not a request for public records as defined under Chapter 552, Texas Government
[37:15.100 --> 37:16.100]  Code.
[37:16.100 --> 37:22.100]  This is more as a request for judicial records as defined under Rule 12 of the Texas Rules
[37:22.100 --> 37:24.260]  of Judicial Administration.
[37:24.260 --> 37:30.620]  Now this is the rule, this is not in the document, by the way, Rule 12 is the document rule.
[37:30.620 --> 37:34.740]  They try to say applies to the records that the court is holding.
[37:34.740 --> 37:38.860]  These courts are intentionally misapplying that rule.
[37:38.860 --> 37:44.540]  That rule does not apply to these records at all.
[37:44.540 --> 37:50.620]  When a magistrate or a clerk tells you that those records are governed under Rule 12 production
[37:50.620 --> 37:54.260]  requirements, that is a lie.
[37:54.260 --> 37:56.700]  They are not.
[37:56.700 --> 38:03.100]  Now continuing on with the document, Requestor has witnessed several occasions where the
[38:03.100 --> 38:07.380]  custodian of public court records believed that said records were to be requested under
[38:07.380 --> 38:14.140]  Texas Government Code Chapter 552 and that they had 10 days to respond.
[38:14.140 --> 38:18.860]  Requestor has also witnessed several occasions where the custodian of public court records
[38:18.860 --> 38:24.780]  has neglected their duty by passing on similar requests to another public official such as
[38:24.780 --> 38:30.140]  a county attorney so the request could be denied under Texas Rules of Judicial Administration
[38:30.140 --> 38:32.300]  Rule 12.
[38:32.300 --> 38:37.180]  Requestor has also witnessed several occasions where the custodian of public court records
[38:37.180 --> 38:42.660]  has denied a party access to a criminal case file on the grounds that only an attorney
[38:42.660 --> 38:46.260]  could access court case files.
[38:46.260 --> 38:51.700]  Those three paragraphs are in here courtesy of Tim Ulrich who helped me get the information
[38:51.700 --> 38:54.580]  I needed to get this document put together.
[38:54.580 --> 38:58.380]  So Tim, if you're listening, thanks for the assistance on getting this done.
[38:58.380 --> 39:01.620]  I got enough on my plate and I appreciate the help.
[39:01.620 --> 39:04.980]  All right, continuing on.
[39:04.980 --> 39:07.500]  Requestor believes the law is crystal clear on this issue.
[39:07.500 --> 39:11.660]  The common law right is found in the following relevant authorities.
[39:11.660 --> 39:17.620]  Constitution Article 1, Section 13, all courts shall be open.
[39:17.620 --> 39:23.180]  If the court shall be open, so shall the proceedings of that court.
[39:23.180 --> 39:28.940]  Therefore the case file would fall under the open court requirement.
[39:28.940 --> 39:36.300]  Texas Code of Criminal Procedures Article 1.24, the proceedings, that would be the record
[39:36.300 --> 39:42.140]  and trials in all courts shall be public.
[39:42.140 --> 39:48.220]  That was also determined to be the law in Nixon v. Warner Communications Incorporated
[39:48.220 --> 39:55.660]  435 U.S. 589 in 1978.
[39:55.660 --> 40:00.860]  This is a written demand for immediate production for inspection and or copying of the public
[40:00.860 --> 40:07.820]  court records maintained by this court pursuant the common law right codified within Texas
[40:07.820 --> 40:15.740]  Government Code Chapter 552 and Texas Rules and Judicial Administration Rule 12.2d.
[40:15.740 --> 40:24.900]  Now, if we look in 552.001, I'm just going to read you the highlighted information from
[40:24.900 --> 40:27.140]  the entire paragraph.
[40:27.140 --> 40:33.220]  It is the policy of this state that each person is entitled unless otherwise expressly provided
[40:33.220 --> 40:40.260]  by law at all times to complete information about the affairs of government and the official
[40:40.260 --> 40:43.380]  acts of public officials and employees.
[40:43.380 --> 40:49.340]  The people in delegating authority do not give their public servants the right to decide
[40:49.340 --> 40:54.420]  what is good for the people to know and what is not good for them to know.
[40:54.420 --> 40:59.740]  Shipping down a little further, the provisions of this chapter shall be liberally construed
[40:59.740 --> 41:02.420]  to implement this policy.
[41:02.420 --> 41:05.060]  Then you have subsection b.
[41:05.060 --> 41:13.900]  This chapter shall be liberally construed in favor of granting a request for information.
[41:13.900 --> 41:21.340]  So right off the bat, the public information laws under 552.00 are in favor of granting
[41:21.340 --> 41:23.660]  all information requests.
[41:23.660 --> 41:34.900]  Now, that chapter gives specific exceptions to those rules, and those specific exceptions
[41:34.900 --> 41:42.100]  are the only things that that chapter applied to and nothing else.
[41:42.100 --> 41:50.420]  Now, pursuant to Texas Government Code Section 552.006, effective chapter on withholding
[41:50.420 --> 41:52.940]  public information.
[41:52.940 --> 41:59.780]  This chapter does not authorize the withholding of public information or limit the availability
[41:59.780 --> 42:09.100]  of public information to the public except as expressly provided by this chapter.
[42:09.100 --> 42:14.580]  There is no express exception in chapter 552.00, government code for production of public records
[42:14.580 --> 42:20.100]  maintained by the court as public records and pertains to the records of cases that
[42:20.100 --> 42:23.980]  have or are being adjudicated before said court.
[42:23.980 --> 42:30.140]  Such records are not judicial records that fall under the exceptions codified therein
[42:30.140 --> 42:37.580]  pursuant Texas Rules of Judicial Administration Rule 12.2d, but are public records that are
[42:37.580 --> 42:42.860]  to be accessible to every member of the general public at all times during regular business
[42:42.860 --> 42:44.500]  hours.
[42:44.500 --> 42:52.420]  Then we look at Texas Government Code Section 552.022, and again in subsection a, just reading
[42:52.420 --> 42:59.260]  the truly relevant part, the following categories of information are public information and
[42:59.260 --> 43:07.500]  not accepted from required disclosure under this chapter unless they are expressly confidential
[43:07.500 --> 43:10.220]  under other law.
[43:10.220 --> 43:12.540]  Got it?
[43:12.540 --> 43:18.700]  Everything here is accepted unless it's expressly accepted, and these public court record case
[43:18.700 --> 43:23.060]  files are not expressly accepted.
[43:23.060 --> 43:30.220]  We go down to section 17, and we confirm that by stating information that is also contained
[43:30.220 --> 43:32.660]  in a public court record.
[43:32.660 --> 43:36.780]  All right, folks, we'll pick this up on the other side.
[43:36.780 --> 43:41.860]  This is Rule of Law Radio, Eddie Craig, Randy Kelton, Debra Stevens, Dan, I still see you
[43:41.860 --> 43:45.300]  holding on the board, so please give me just a minute more, and I'll finish this on the
[43:45.300 --> 43:47.140]  other side and we'll get right to you.
[43:47.140 --> 43:51.340]  All right, folks, 512-646-1984 is the calling number.
[43:51.340 --> 43:58.340]  We'll be right back on the other side of the break.
[43:58.340 --> 44:06.060]  The Oakland City bombing, top 10 reasons to question the official story.
[44:06.060 --> 44:09.860]  Reason number two, why was the ATF AWOL?
[44:09.860 --> 44:14.620]  Actifany Bible, who's on the scene within five minutes, has stated in an affidavit that
[44:14.620 --> 44:18.820]  agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in their
[44:18.820 --> 44:19.820]  office that night.
[44:19.820 --> 44:24.660]  E&T Catherine Mount also overheard one agent say to another, close, is that why we got
[44:24.660 --> 44:27.420]  the page to not come in today, end quote.
[44:27.420 --> 44:32.780]  Drew Shaw, as interviewed on KS4TV, was also told by ATF agents that they had been paged
[44:32.780 --> 44:34.580]  to not come in to work.
[44:34.580 --> 44:39.140]  The ATF initially denied these claims, and now variously claim that one of their agents
[44:39.140 --> 44:42.980]  was in a free-falling elevator which has been disproven, or that they had been in an all-night
[44:42.980 --> 44:46.300]  stick out, or that they had been in a golf tournament.
[44:46.300 --> 44:51.020]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning,
[44:51.020 --> 44:56.020]  and if so, why did they not pass it on to others and the mortals?
[44:56.020 --> 45:00.820]  For more information, go to okcfoundandtruth.com.
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[46:09.820 --> 46:23.340]  All right folks, we are back, this is Rule of Law Radio, call in number is 512-646-1984.
[46:23.340 --> 46:28.980]  And Dan, let me go ahead and just go ahead and take your call so you're not sitting out
[46:28.980 --> 46:32.260]  there and if we don't have any callers when we're done, I'll go ahead and finish up this
[46:32.260 --> 46:33.260]  document.
[46:33.260 --> 46:35.860]  All right, Dan, what can we do for you?
[46:35.860 --> 46:40.820]  Oh, nothing much, I found an interesting case relating to a contempt of court that went
[46:40.820 --> 46:44.100]  all the way to the U.S. Supreme Court of the United States.
[46:44.100 --> 46:46.940]  Well, good, let's hear it.
[46:46.940 --> 46:49.660]  Well, it's called Mayberry v. Penfulvania.
[46:49.660 --> 47:00.140]  I believe it is at 400 U.S. 455 or if dyslexia that strikes me, it would be the opposite.
[47:00.140 --> 47:07.580]  Basically, Mayberry was a prisoner held in the Penfulvania Correctional System and what
[47:07.580 --> 47:14.100]  Mayberry did is he uttered a whole bunch of colorful obscenities in court and he was hit
[47:14.100 --> 47:17.780]  with, I believe, 11 counts of contempt of court.
[47:17.780 --> 47:24.220]  Now he didn't do anything near what Randy did, which was, you know, making his record
[47:24.220 --> 47:29.660]  and obviously the threshold for disrupting the court was much higher than Mayberry had
[47:29.660 --> 47:30.660]  sent.
[47:30.660 --> 47:36.300]  Basically, Mayberry called the judge in SOP, a hatchet man for the state, amongst a whole
[47:36.300 --> 47:40.660]  bunch of other colorful different things.
[47:40.660 --> 47:45.180]  I figured it would be relevant precedent to apply to this case if you're looking to help
[47:45.180 --> 47:46.180]  Randy out.
[47:46.180 --> 47:48.740]  Yeah, actually, I've read that case.
[47:48.740 --> 47:49.740]  I agree.
[47:49.740 --> 47:50.740]  It was very entertaining.
[47:50.740 --> 47:51.740]  Oh, yes.
[47:51.740 --> 47:52.740]  Yes.
[47:52.740 --> 47:55.220]  I tell people, you know, if you're looking for something entertaining to read, read
[47:55.220 --> 48:01.140]  case law because occasionally you get something just like that.
[48:01.140 --> 48:08.180]  Yeah, it would be pretty useful if we could just get Randy to go after these guys tooth
[48:08.180 --> 48:12.860]  and nail instead of just wanting to make them feel like they might have a problem.
[48:12.860 --> 48:13.860]  Yeah.
[48:13.860 --> 48:22.820]  And on that note, I do have other information useful to Randy and possibly an ACLU attorney
[48:22.820 --> 48:25.380]  wind up because I do have a few connections there.
[48:25.380 --> 48:30.460]  Hopefully, I can, you know, if I can't get this guy to take the case, I can probably
[48:30.460 --> 48:34.620]  get somebody else to take it, but that's probably something for off the air.
[48:34.620 --> 48:35.940]  Oh, okay.
[48:35.940 --> 48:36.940]  You've got him.
[48:36.940 --> 48:40.060]  Somebody from anybody can lose, you know what I mean?
[48:40.060 --> 48:45.620]  No, actually, these guys really do fight, you know, this particular attorney I have
[48:45.620 --> 48:47.700]  in mind actually does fight the case.
[48:47.700 --> 48:50.900]  So I've seen his work and he does good work.
[48:50.900 --> 48:52.500]  Oh, well good.
[48:52.500 --> 48:53.500]  That would be good.
[48:53.500 --> 48:57.100]  Normally, the ACLU won't even touch a case like this.
[48:57.100 --> 49:03.500]  Yeah, normally, but I think in this particular circumstance and the personal relationship,
[49:03.500 --> 49:09.260]  I think we might have a good deal going, but anyway, the bottom line is it's good that
[49:09.260 --> 49:10.260]  we got him out.
[49:10.260 --> 49:17.660]  I know I've basically made it rain information requests down there, so hopefully they get
[49:17.660 --> 49:18.660]  the hint.
[49:18.660 --> 49:19.660]  Well, good.
[49:19.660 --> 49:20.660]  Appreciate the help.
[49:20.660 --> 49:21.660]  Thanks, Dan.
[49:21.660 --> 49:22.660]  Oh, not a problem.
[49:22.660 --> 49:28.500]  I figured at least I could do, I've had the benefit of excellent instruction, which has
[49:28.500 --> 49:31.620]  enabled me to help so many other people.
[49:31.620 --> 49:36.900]  And you know, again, what little I could send, I sent it and everybody that's listening right
[49:36.900 --> 49:41.900]  now should ship in, even if it's only five bucks, everything makes a difference.
[49:41.900 --> 49:44.900]  Yeah, every little bit does help.
[49:44.900 --> 49:48.580]  But yeah, anyway, keep up the good work.
[49:48.580 --> 49:52.380]  Obviously, if you've heard of that case, you know, you're familiar with it.
[49:52.380 --> 49:57.660]  And again, listeners, please do look up Mayberry v. Pennsylvania.
[49:57.660 --> 49:58.660]  It's quite instructive.
[49:58.660 --> 50:01.100]  It's excellent precedent.
[50:01.100 --> 50:07.100]  And hopefully, you know, in any short order, we'll be able to get this started out pretty
[50:07.100 --> 50:08.100]  soon.
[50:08.100 --> 50:12.900]  Well, we appreciate the help there, Dan, really.
[50:12.900 --> 50:13.900]  And thanks.
[50:13.900 --> 50:16.820]  You're actually the one that sent me that case, so I appreciate that too.
[50:16.820 --> 50:18.420]  No, not a problem.
[50:18.420 --> 50:22.820]  You know, again, it was just thanks to your instruction, I was able to figure this out.
[50:22.820 --> 50:27.900]  And in a weird sort of way, all the work that Randy has done is actually helping him out
[50:27.900 --> 50:28.900]  now.
[50:28.900 --> 50:29.900]  Well, good.
[50:29.900 --> 50:31.900]  Well, thanks for calling in, Dan.
[50:31.900 --> 50:32.900]  Anything else?
[50:32.900 --> 50:34.420]  I know that'll be it.
[50:34.420 --> 50:37.100]  Keep up the good work and we will get through this.
[50:37.100 --> 50:38.100]  That is guaranteed.
[50:38.100 --> 50:39.100]  All right.
[50:39.100 --> 50:40.100]  Thanks, Dan.
[50:40.100 --> 50:41.100]  Appreciate it.
[50:41.100 --> 50:47.140]  All right, folks, again, call in numbers 512-646-1984.
[50:47.140 --> 50:50.580]  We do have an empty caller board, so please give us a call.
[50:50.580 --> 50:54.260]  In the meantime, while we're waiting on callers, I'm going to go ahead and finish up this documentation
[50:54.260 --> 50:56.980]  here on the demand for public records.
[50:56.980 --> 51:04.060]  Now, let me read you the pertinent part of Texas Rules of Judicial Administration, Rule
[51:04.060 --> 51:06.460]  12.2D.
[51:06.460 --> 51:14.060]  This is where they try to say, using Rule 12 in its entirety, that these records are
[51:14.060 --> 51:19.260]  protected from disclosure by the judicial requirements of the record.
[51:19.260 --> 51:22.340]  That's not true, okay?
[51:22.340 --> 51:30.380]  By definition, a judicial record is a record generated internally by the court for administrative
[51:30.380 --> 51:39.340]  purposes and reasons unless that document is associated specifically with a case undergoing
[51:39.340 --> 51:47.860]  adjudication in that court or one that has previously been adjudicated in that court.
[51:47.860 --> 51:55.620]  So that being said, if the case is one that is being adjudicated or has been adjudicated,
[51:55.620 --> 52:01.900]  it is not considered a judicial record, okay?
[52:01.900 --> 52:04.540]  Rule 12.2D bears this out.
[52:04.540 --> 52:09.580]  It gives us the definition of judicial record.
[52:09.580 --> 52:17.740]  Judicial record means a record made or maintained by or for a court or judicial agency in its
[52:17.740 --> 52:25.860]  regular course of business, but not pertaining to its adjudicative function, regardless of
[52:25.860 --> 52:30.580]  whether or not that function relates to a specific case.
[52:30.580 --> 52:38.780]  A record of any nature created, produced, or filed in connection with any matter that is
[52:38.780 --> 52:46.100]  or has been before a court is not a judicial record.
[52:46.100 --> 52:54.940]  Now you would think these people in black robes could read, but obviously they can't.
[52:54.940 --> 53:01.660]  This could not be written any plainer, and since these people are required to know the
[53:01.660 --> 53:09.140]  laws and procedures under which they operate, then the only thing left for us to surmise
[53:09.140 --> 53:15.460]  from what they're doing is that it's intentional and that its criminal intent is to prevent
[53:15.460 --> 53:22.540]  us from getting access to that record as is our right when it comes to knowing the nature
[53:22.540 --> 53:29.900]  and cause against us and the information that exists before the court, whether or not there's
[53:29.900 --> 53:34.580]  a proper complaint, whether or not there's a proper charging instrument, whether or not
[53:34.580 --> 53:39.340]  the documents in question have been signed by somebody that's able to sign them, whether
[53:39.340 --> 53:43.740]  or not they've been verified, whether or not they were properly filed with the court, what
[53:43.740 --> 53:48.220]  motions have been filed by the other party, so on and so forth.
[53:48.220 --> 53:56.180]  You know, one thing in these cases that I have never, ever seen is the other party being
[53:56.180 --> 54:07.100]  the prosecution provide a single filing made by those prosecutors to the defendant.
[54:07.100 --> 54:14.180]  They stick it in the court record if they do anything, but they never serve the other
[54:14.180 --> 54:16.180]  party.
[54:16.180 --> 54:23.500]  The law requires them to provide us with notice, yet they hide it in this record and
[54:23.500 --> 54:31.180]  deny us notice by stating that we have to request access to these records, and then they'll
[54:31.180 --> 54:35.860]  spend all their time denying it through the county attorney saying that it's a judicial
[54:35.860 --> 54:45.700]  record when the judicial record definition clearly states it's not, okay?
[54:45.700 --> 54:50.460]  This is just corrupt to the court.
[54:50.460 --> 54:52.780]  There's no question of that.
[54:52.780 --> 54:57.140]  We should be tar and feathering these people and sending them out of town on a permanent
[54:57.140 --> 54:59.260]  rail ride.
[54:59.260 --> 55:04.460]  Now continuing on here, we've got Brian in Minnesota on the collar board, so we're going
[55:04.460 --> 55:05.620]  to go ahead and take Brian.
[55:05.620 --> 55:09.580]  He is the only one there, and if we don't have any other collars before we're done, I'll continue
[55:09.580 --> 55:10.580]  on.
[55:10.580 --> 55:12.900]  Evening, Brian, what can we do for you?
[55:12.900 --> 55:14.980]  How you doing, Eddie?
[55:14.980 --> 55:19.900]  Yeah, well, I'm doing good so far, running out of breath here, but I'm still going.
[55:19.900 --> 55:22.140]  I didn't mean to interrupt.
[55:22.140 --> 55:23.820]  No, that's fine, man.
[55:23.820 --> 55:24.820]  What you got?
[55:24.820 --> 55:34.300]  I'm trying to take steps here to wean myself off the financial institutions or whatever.
[55:34.300 --> 55:44.380]  I want to start taking my paychecks back to the original source to cash them.
[55:44.380 --> 55:47.820]  I don't want to give them my fingerprint, and I already called them and asked them if
[55:47.820 --> 55:51.060]  they're going to do that, and they said they were going to do that.
[55:51.060 --> 56:02.580]  I'm trying to take steps to initiate this, but I'm not that familiar with how if you
[56:02.580 --> 56:07.580]  had any suggestion on how I should attack this or handle this.
[56:07.580 --> 56:13.060]  Well, I can tell you what I've done in the past when I've received checks that I wanted
[56:13.060 --> 56:17.580]  to cash at the original institution, and they tried to make me give a fingerprint.
[56:17.580 --> 56:21.740]  I said, I just told them, no, I'm not going to do it.
[56:21.740 --> 56:28.580]  I said, you guys are required under federal law to cash all checks that are drawn off of
[56:28.580 --> 56:29.780]  this bank.
[56:29.780 --> 56:33.700]  I have shown you a sufficient ID, I've shown you two forms of ID.
[56:33.700 --> 56:36.060]  I can go home and get my passport if you want.
[56:36.060 --> 56:40.500]  I'll show you all the ID that you want, but I'm not going to give you my biometric data
[56:40.500 --> 56:46.340]  because this isn't jail, and you guys are required under federal law to cash any checks
[56:46.340 --> 56:49.860]  that are drawn upon this bank, and you're going to cash it or else I'm going to sue
[56:49.860 --> 56:54.180]  you, and that's exactly what I told them, and they cashed a check.
[56:54.180 --> 56:59.580]  Now, I can't cite the specific law that requires them to do that, but I have read it before
[56:59.580 --> 57:01.500]  and I do know it exists.
[57:01.500 --> 57:07.140]  They're required to cash checks that are drawn off of them as long as you show sufficient
[57:07.140 --> 57:15.620]  ID, and so when the original teller couldn't authorize it because she had to go get a supervisor
[57:15.620 --> 57:18.980]  and explain to the supervisor, I was very polite, and I said, I'm sorry, this is not
[57:18.980 --> 57:19.980]  a jail.
[57:19.980 --> 57:23.860]  I'm not going to be treated like an inmate, I had a booking agent, I'm a booking agent.
[57:23.860 --> 57:28.180]  I'm not going to be treated like I'm going through the booking process for a jail to
[57:28.180 --> 57:30.180]  cash a check that is made up to me.
[57:30.180 --> 57:34.380]  You guys are required to cash it, I've shown you sufficient ID, if there's funds in the
[57:34.380 --> 57:38.300]  account you have to cash it, that's federal law, and if you don't cash it, I like to take
[57:38.300 --> 57:44.900]  your name because I'm going to sue the bank and you personally, and she gave me the money.
[57:44.900 --> 57:48.940]  Yeah, remember, there is no law requiring them to do this.
[57:48.940 --> 57:53.860]  This is bank policy, it is not law.
[57:53.860 --> 57:57.860]  The courts have ruled that your fingerprints are your property.
[57:57.860 --> 58:04.860]  The bank cannot make you waive your right to your own property in order to cash an instrument,
[58:04.860 --> 58:09.220]  they're required by law to cash anyway.
[58:09.220 --> 58:10.220]  That's right.
[58:10.220 --> 58:15.220]  Is that in the banking title?
[58:15.220 --> 58:16.220]  Deborah?
[58:16.220 --> 58:18.540]  That they're required to cash it?
[58:18.540 --> 58:23.820]  Yeah, you may want to, I don't know where it is, but I have read it in the past.
[58:23.820 --> 58:31.580]  And Eddie, you may want to mention what that court case is about the Supreme Court ruling
[58:31.580 --> 58:33.300]  that your fingerprint is your property.
[58:33.300 --> 58:37.580]  Okay, well I know that there's several of them, but I'll see about getting them and
[58:37.580 --> 58:38.580]  putting them up for court.
[58:38.580 --> 58:41.180]  Okay, you can look that up yourself, Brian, okay?
[58:41.180 --> 58:42.180]  All right.
[58:42.180 --> 58:46.460]  But just stand your ground, I mean, I didn't even have all that specific information when
[58:46.460 --> 58:49.660]  I went in there, I just told them, you guys have to cash it by federal law, if you don't
[58:49.660 --> 58:52.420]  do it, I'm going to sue you, and they gave me the money.
[58:52.420 --> 58:56.740]  Now you may not want to have to go through that every single time, but if you get, you
[58:56.740 --> 59:00.220]  know, if you have to go to the same bank multiple times, it should be possible.
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[59:57.860 --> 59:59.860]  That's freestudybible.com.
[59:59.860 --> 01:00:04.860]  This news brief brought to you by the International Newsnet.
[01:00:04.860 --> 01:00:10.060]  Analysts say cracks in Syria's military are widening along sectarian lines, fueling an
[01:00:10.060 --> 01:00:16.700]  armed mutiny that could pose a greater threat to President Bashar al-Assad than street protests.
[01:00:16.700 --> 01:00:22.620]  Army defections are increasing as the leadership largely from the minority al-awite sect sends
[01:00:22.620 --> 01:00:29.780]  troops to crush unrest across the mainly Sunni Muslim country of 20 million.
[01:00:29.780 --> 01:00:35.500]  Cannon Gill's Frasier, a senior official at St. Paul's Cathedral in London, resigned Thursday
[01:00:35.500 --> 01:00:41.060]  amid a dispute over closing the building due to protesters camped outside.
[01:00:41.060 --> 01:00:46.140]  Reports said he was sympathetic to the protesters and disagreed with a decision last week to
[01:00:46.140 --> 01:00:51.460]  close the cathedral over alleged health and safety issues caused by the Occupy London
[01:00:51.460 --> 01:00:54.860]  Stock Exchange protest.
[01:00:54.860 --> 01:01:01.940]  The death toll from a massive 7.2 earthquake at Chilpe Eastern Turkey Sunday rose to 523
[01:01:01.940 --> 01:01:06.060]  Thursday, 1650 people were injured.
[01:01:06.060 --> 01:01:10.500]  Rescuers are still finding bodies in the rubble, but they have also found survivors, including
[01:01:10.500 --> 01:01:12.500]  a two-week-old baby.
[01:01:12.500 --> 01:01:18.700]  A UN report warned Wednesday the world is failing to utilize the productive power of
[01:01:18.700 --> 01:01:20.860]  its massive youth population.
[01:01:20.860 --> 01:01:27.340]  Of the planet's 7 billion people, 1.8 billion are aged between 10 and 24, of which 90 percent
[01:01:27.340 --> 01:01:29.340]  live in the developing world.
[01:01:29.340 --> 01:01:34.140]  The Global Population Report says the potential economic benefits of having such a large population
[01:01:34.140 --> 01:01:39.220]  of young people will go unfulfilled as an entire generation suffers from a lack of education
[01:01:39.220 --> 01:01:42.220]  and investment in infrastructure and job creation.
[01:01:42.220 --> 01:01:46.380]  The report stated, when young people can claim their rights to health, education and
[01:01:46.380 --> 01:01:50.700]  decent working conditions, they become a powerful force for economic development and
[01:01:50.700 --> 01:01:56.220]  positive change, adding, this opportunity for a demographic dividend is a fleeting moment
[01:01:56.220 --> 01:01:58.940]  that must be claimed quickly or lost.
[01:01:58.940 --> 01:02:04.220]  These led revolts spawned by high unemployment, austerity and powerlessness have sprung up
[01:02:04.220 --> 01:02:08.340]  in Egypt, Spain and the U.S.
[01:02:08.340 --> 01:02:13.180]  Protesters with the Occupy movement returned to downtown Oakland, California Wednesday
[01:02:13.180 --> 01:02:14.180]  night.
[01:02:14.180 --> 01:02:19.700]  Demonstrators who tore down a steel barricade intended to keep them out of Frank Agawa Plaza
[01:02:19.700 --> 01:02:26.100]  at City Hall renamed it Oscar Grant Plaza after a young black man fatally shot by a white
[01:02:26.100 --> 01:02:27.780]  transit police officer.
[01:02:27.780 --> 01:02:32.980]  Occupy Oakland is demanding the resignation of Mayor Jean Kwan, who initially claimed
[01:02:32.980 --> 01:02:38.220]  to support the Occupy movement but ordered the Plaza cleared Monday, resulting in a fierce
[01:02:38.220 --> 01:02:39.980]  display of violence by police.
[01:02:39.980 --> 01:02:44.700]  They're also demanding an investigation into the critical wounding of a rag war veteran
[01:02:44.700 --> 01:02:49.740]  Scott Olson, who was hit in the head by a tear gas canister Tuesday while attempting
[01:02:49.740 --> 01:02:51.340]  to retake the Plaza.
[01:02:51.340 --> 01:02:55.660]  Thousands marched in cities across the country in support of Occupy Oakland.
[01:02:55.660 --> 01:03:20.340]  The occupiers in Oscar Grant Park voted for a general strike on November 2.
[01:03:25.660 --> 01:03:42.380]  Okay folks, we're back, hour two, rule of law radio, ruleoflawradio.com, we're speaking
[01:03:42.380 --> 01:03:50.660]  with Brian in Minnesota, so yeah Brian, once you get one manager at the bank trained, you'll
[01:03:50.660 --> 01:03:56.620]  be able to go back and they won't hassle you every subsequent time about cash in the
[01:03:56.620 --> 01:04:01.860]  check, you'll walk in there every time and they'll know not to hassle you and Eddie,
[01:04:01.860 --> 01:04:03.820]  you have some information for Brian also.
[01:04:03.820 --> 01:04:07.940]  Yeah, the Uniform Commercial Code, Brian, is where you need to be looking.
[01:04:07.940 --> 01:04:18.180]  Look under 3-501B2 and B2 reads like this, upon demand of the person to whom presentment
[01:04:18.180 --> 01:04:25.940]  is made, the person making presentment must, one, exhibit the instrument, two, give reasonable
[01:04:25.940 --> 01:04:33.060]  identification, and if presentment is made on behalf of another person, reasonable evidence
[01:04:33.060 --> 01:04:40.620]  of authority to do so, and three, sign a receipt on the instrument for any payment made or
[01:04:40.620 --> 01:04:46.740]  surrender the instrument if payment is made in full, okay?
[01:04:46.740 --> 01:04:53.620]  So, given that, thanks by the way to Don Beckham and Tim Oric for that information, you can
[01:04:53.620 --> 01:05:00.540]  also look at UCC 3-411, refusal to pay cashier's checks, teller's checks, and certified checks
[01:05:00.540 --> 01:05:04.980]  if that ever happens to be the type of instrument you're holding on to.
[01:05:04.980 --> 01:05:11.860]  But in any case, the law is very clear, reasonable identification is not what is set by the bank,
[01:05:11.860 --> 01:05:20.460]  that's what is set by law, and a picture ID is an accepted, reasonable form of identification,
[01:05:20.460 --> 01:05:22.660]  not biometric data.
[01:05:22.660 --> 01:05:27.980]  Yeah, and that's right, when that happened to me, they were trying to tell me, the manager
[01:05:27.980 --> 01:05:31.660]  was trying to tell me it was the bank's policy, and I said, I don't care what the bank's policy
[01:05:31.660 --> 01:05:37.420]  is, if the bank's policy is in conflict with law, then the bank and you are going to be
[01:05:37.420 --> 01:05:41.900]  involved in a lawsuit, so either cash the check or you're going to get sued, because
[01:05:41.900 --> 01:05:46.020]  your policy can't override law, and that's when they cash the check.
[01:05:46.020 --> 01:05:51.460]  Well that's the other thing, I did a little dig in into this and found other people who
[01:05:51.460 --> 01:05:55.980]  have had the problems but no solutions, and one of the other problems, and this seems
[01:05:55.980 --> 01:06:01.100]  inappropriate too, is they usually charge a $5 fee at the bank for you to cash it.
[01:06:01.100 --> 01:06:05.980]  No, they can't do, you say, you charge me $5, that $5 is going to cost you a lawsuit.
[01:06:05.980 --> 01:06:10.140]  You just have to stand your ground when you're at the teller window and not put up with it,
[01:06:10.140 --> 01:06:15.820]  and if they insist on either getting your fingerprint or you having to pay $5, then
[01:06:15.820 --> 01:06:20.300]  you say, this is in conflict with law, I don't care what your policy is, I want to talk to
[01:06:20.300 --> 01:06:26.300]  your supervisor, and you just cause a big scene in front of everybody at the bank, all the
[01:06:26.300 --> 01:06:31.700]  customers, everybody, you hold up the line, and you insist on talking to the next higher
[01:06:31.700 --> 01:06:35.660]  up and the next higher up and the next higher up supervisor until you're talking to the
[01:06:35.660 --> 01:06:42.620]  president of the bank over the $5 fee and over the fingerprint, and if they still won't
[01:06:42.620 --> 01:06:46.740]  give you your way, then you say, thank you very much, give me the instrument back, you
[01:06:46.740 --> 01:06:51.820]  take all their names and you file a lawsuit against them, and you have a notice of tort,
[01:06:51.820 --> 01:06:57.700]  have a tort letter ready to go and give them the tort letter on the spot, I promise you
[01:06:57.700 --> 01:07:03.580]  they will do it because number one, they don't want you yelling and screaming and making
[01:07:03.580 --> 01:07:07.500]  a big scene in front of all their customers, PR is the main thing.
[01:07:07.500 --> 01:07:10.860]  You may not even need to do a tort letter, Deborah, because they committed a criminal
[01:07:10.860 --> 01:07:14.340]  act in violation of federal law, I don't think you even need to give them a tort letter.
[01:07:14.340 --> 01:07:18.500]  Well, you could call 911, you could pull a randy, you could do that too, say I'm calling
[01:07:18.500 --> 01:07:22.300]  sheriff right now, or the FBI because it's a federal matter, say I'm going to call the
[01:07:22.300 --> 01:07:28.420]  FBI right now if you don't cash this check, I mean believe me, they do not want you making
[01:07:28.420 --> 01:07:35.420]  a scene, this is PR, they don't want you causing a big stink in front of all their customers
[01:07:35.420 --> 01:07:37.460]  because it will cause a run on the bank.
[01:07:37.460 --> 01:07:39.980]  People will be like, what are you talking about, they're not cashing the check, and
[01:07:39.980 --> 01:07:42.380]  they'll close their account, they don't want that.
[01:07:42.380 --> 01:07:47.060]  See, and I had already contacted, I was going to contact their manager and be like, I just
[01:07:47.060 --> 01:07:50.540]  want to contact you ahead of time and tell you that I'm going to come in so I didn't
[01:07:50.540 --> 01:07:51.540]  create a hospital.
[01:07:51.540 --> 01:07:55.100]  No, no, no, they're not going to give you anything over the phone, you have to go in
[01:07:55.100 --> 01:07:58.660]  there and make your demand, and if they don't do it, you just have to cause a scene.
[01:07:58.660 --> 01:08:01.980]  I'm telling you it's the only way.
[01:08:01.980 --> 01:08:03.980]  All right.
[01:08:03.980 --> 01:08:08.100]  And it really works, I mean, they're going to try to get whatever they can get, they're
[01:08:08.100 --> 01:08:11.740]  going to try to get their fingerprint if they can get it, they're going to get your $5 if
[01:08:11.740 --> 01:08:15.340]  they can get it, and you just stand your ground and tell them no and they will give you away,
[01:08:15.340 --> 01:08:16.340]  I promise.
[01:08:16.340 --> 01:08:22.540]  But if you try to get them to agree to something over the phone, that's not going to happen.
[01:08:22.540 --> 01:08:23.540]  Makes sense.
[01:08:23.540 --> 01:08:24.540]  All right.
[01:08:24.540 --> 01:08:25.540]  All right.
[01:08:25.540 --> 01:08:26.540]  All right.
[01:08:26.540 --> 01:08:27.540]  Thanks, Brian.
[01:08:27.540 --> 01:08:28.540]  Well, thank you.
[01:08:28.540 --> 01:08:29.540]  Okay.
[01:08:29.540 --> 01:08:30.540]  Bye.
[01:08:30.540 --> 01:08:31.540]  Bye.
[01:08:31.540 --> 01:08:32.540]  Okay, we're going now to Mike in Arizona.
[01:08:32.540 --> 01:08:36.540]  Mike, thanks for calling in, what is your question or comment for us tonight?
[01:08:36.540 --> 01:08:37.540]  How you guys doing?
[01:08:37.540 --> 01:08:44.540]  I called in here a few months ago about I was challenging a driver's license here in Arizona.
[01:08:44.540 --> 01:08:50.540]  And I don't know if you guys remember me or not.
[01:08:50.540 --> 01:08:53.540]  Well, would you get talking about the case, we probably will.
[01:08:53.540 --> 01:08:54.540]  Yeah.
[01:08:54.540 --> 01:09:00.540]  I said I was challenging a driver's license and he told me to study some of the statutes
[01:09:00.540 --> 01:09:07.220]  and stuff because I was like talking about the US code and stuff and how, like the definition
[01:09:07.220 --> 01:09:12.540]  of person and how you told me it was a contrived document, not a contract.
[01:09:12.540 --> 01:09:13.540]  Correct.
[01:09:13.540 --> 01:09:23.500]  But I'm sorry, I'm kind of, but anyway, I went to trial and it was a civil traffic trial
[01:09:23.500 --> 01:09:30.140]  and I went to trial and the only person or the only people that was present in the courtroom
[01:09:30.140 --> 01:09:36.500]  was myself, the judge and the officer who had pulled me over and right off the bat,
[01:09:36.500 --> 01:09:42.660]  I thought that that might be unlawful to see how there wasn't any prosecutor or anything
[01:09:42.660 --> 01:09:48.300]  and that just made me believe that the judge was acting as a prosecutor, which I thought
[01:09:48.300 --> 01:09:50.500]  that that was unlawful right off the bat.
[01:09:50.500 --> 01:09:57.220]  Well, it should be, but it depends upon what the laws of the state say in regards to those
[01:09:57.220 --> 01:09:58.500]  types of tickets.
[01:09:58.500 --> 01:10:04.780]  Now, in Arizona, what type of ticket is a traffic citation?
[01:10:04.780 --> 01:10:06.500]  Civil traffic, it was civil.
[01:10:06.500 --> 01:10:10.500]  Okay, so there's not a prosecutor.
[01:10:10.500 --> 01:10:15.500]  Okay, there's not a prosecutor and civil then.
[01:10:15.500 --> 01:10:20.780]  No, because prosecutors are criminal side only.
[01:10:20.780 --> 01:10:26.780]  Now there's supposed to be an adverse party if the judge is acting as both the adjudicator
[01:10:26.780 --> 01:10:32.900]  of the law and the adverse party, that's a problem.
[01:10:32.900 --> 01:10:36.500]  Even in a civil matter, that's a problem.
[01:10:36.500 --> 01:10:43.580]  Okay, and so what had happened was I'm pretty much, you know, the officer stated what had
[01:10:43.580 --> 01:10:50.980]  happened and everything and I went through and I was telling the judge, you know, that
[01:10:50.980 --> 01:10:54.740]  he asked me for like what kind of evidence I had and stuff like that or how, you know,
[01:10:54.740 --> 01:10:57.340]  pretty much plead my case.
[01:10:57.340 --> 01:11:02.500]  And what I'd done was I went through, you know, the paperwork I'd filed with the Arizona
[01:11:02.500 --> 01:11:08.060]  Attorney General, which was after David O'Trooth on the right of travel.
[01:11:08.060 --> 01:11:15.220]  And I had, you know, quoted, I told him that I had 40 court cases from, you know, the Supreme
[01:11:15.220 --> 01:11:21.020]  Court of the United States all the way down to the municipal slash justice courts in pretty
[01:11:21.020 --> 01:11:25.060]  much every state across America.
[01:11:25.060 --> 01:11:28.740]  And I told him, you know, I said, well, I'll read them off for you if you need me to read
[01:11:28.740 --> 01:11:29.740]  them off.
[01:11:29.740 --> 01:11:30.740]  I'll read them off one by one.
[01:11:30.740 --> 01:11:32.220]  He's like, no, no.
[01:11:32.220 --> 01:11:38.220]  And then, you know, he's pretty much was like, keep going, you know, so I asked him for a
[01:11:38.220 --> 01:11:44.060]  valid cause of action, a verify complaint, a corpus de lecti, somebody that, you know,
[01:11:44.060 --> 01:11:49.940]  could sue me or whatever, somebody that I had injured and told him about my, all rights
[01:11:49.940 --> 01:11:52.900]  was reserved on my ID.
[01:11:52.900 --> 01:11:57.460]  And he said, pretty much, I know we were going with this.
[01:11:57.460 --> 01:12:02.820]  And just pretty much found me guilty.
[01:12:02.820 --> 01:12:07.780]  And so what I did was I walked right out to the clerk, I appealed the case to the superior
[01:12:07.780 --> 01:12:11.340]  court and ordered a copy of the record.
[01:12:11.340 --> 01:12:14.380]  How much was the fine?
[01:12:14.380 --> 01:12:16.860]  How much was the fine?
[01:12:16.860 --> 01:12:20.300]  Like, like $1,200.
[01:12:20.300 --> 01:12:23.940]  Did you waive your right to a jury trial in a civil case?
[01:12:23.940 --> 01:12:25.980]  No, I didn't.
[01:12:25.980 --> 01:12:28.540]  Okay, then they have a problem.
[01:12:28.540 --> 01:12:40.220]  You have a right to a jury trial in any civil case where the matter at issue exceeds $20.
[01:12:40.220 --> 01:12:48.260]  And so I walk out and I, you know, kill it immediately.
[01:12:48.260 --> 01:12:53.860]  And then I came back a couple of days later because I said I had 21 days to file for a
[01:12:53.860 --> 01:12:56.260]  copy of the record.
[01:12:56.260 --> 01:13:00.380]  And so I came back a week later because I didn't have the cash on me at the time and
[01:13:00.380 --> 01:13:01.660]  they didn't take checks and stuff.
[01:13:01.660 --> 01:13:06.180]  So I bought back the cash a week later in order to copy the record.
[01:13:06.180 --> 01:13:12.780]  And from what I've read under procedure, the civil procedure in Arizona, I was supposed
[01:13:12.780 --> 01:13:16.860]  to have a copy of the record in three to five days.
[01:13:16.860 --> 01:13:22.140]  It took them two months to give me the copy of the record and I have a record, a log of
[01:13:22.140 --> 01:13:29.860]  me calling them once or twice every week for two months and it happened to be scrambled
[01:13:29.860 --> 01:13:30.860]  that day.
[01:13:30.860 --> 01:13:40.060]  So I finally get a copy of the record two months later and I don't hear, you can't
[01:13:40.060 --> 01:13:42.460]  understand one word on it.
[01:13:42.460 --> 01:13:47.860]  You can't understand one word because it's all chicken scratch and you just can't understand
[01:13:47.860 --> 01:13:48.860]  nothing.
[01:13:48.860 --> 01:13:49.860]  It's all staticky.
[01:13:49.860 --> 01:13:52.540]  And where's the transcript?
[01:13:52.540 --> 01:13:53.540]  What's that?
[01:13:53.540 --> 01:13:57.020]  Where's the transcript of the record?
[01:13:57.020 --> 01:13:58.900]  They didn't have a transcript of a record.
[01:13:58.900 --> 01:14:04.020]  They gave me a copy, an audio copy and it was...
[01:14:04.020 --> 01:14:08.700]  What does the statute regarding the court records say that you're entitled to have a copy of?
[01:14:08.700 --> 01:14:13.340]  The recording or transcript of the proceedings or both?
[01:14:13.340 --> 01:14:19.100]  Honestly, I don't have that paper right in front of me but I think it only gave me the
[01:14:19.100 --> 01:14:23.020]  option of audio CD.
[01:14:23.020 --> 01:14:26.020]  Now, what paper?
[01:14:26.020 --> 01:14:30.940]  Well, the paper that I had to fill out when I went and paid for it.
[01:14:30.940 --> 01:14:33.940]  I didn't ask you what the court told you you could have.
[01:14:33.940 --> 01:14:39.740]  I asked you what the law in Arizona said you were entitled to.
[01:14:39.740 --> 01:14:42.500]  Do not mistake the two for being one and the same.
[01:14:42.500 --> 01:14:44.780]  They are not.
[01:14:44.780 --> 01:14:51.260]  What does the statute say you're entitled to regarding a copy of the court record?
[01:14:51.260 --> 01:14:53.420]  I did not review that.
[01:14:53.420 --> 01:14:55.140]  All I did was...
[01:14:55.140 --> 01:14:59.820]  Well now would be a good time to start.
[01:14:59.820 --> 01:15:00.820]  Very true.
[01:15:00.820 --> 01:15:01.820]  Very true.
[01:15:01.820 --> 01:15:02.820]  But I had...
[01:15:02.820 --> 01:15:07.860]  Like I said, the judge didn't even look at any of my evidence.
[01:15:07.860 --> 01:15:12.220]  I mean, nothing that I was trying to support my case, you know.
[01:15:12.220 --> 01:15:17.220]  Did you lay any proper foundation to get it introduced as evidence?
[01:15:17.220 --> 01:15:18.220]  What?
[01:15:18.220 --> 01:15:24.420]  Did you just stay here, look at this, or did you attempt to lay some foundation to make
[01:15:24.420 --> 01:15:28.140]  it possible to submit his evidence?
[01:15:28.140 --> 01:15:35.380]  Well, I asked him, he just asked me if I had any evidence and how I wanted to defend myself,
[01:15:35.380 --> 01:15:38.420]  you know, and I told him I had some stuff that I'd like to submit.
[01:15:38.420 --> 01:15:40.420]  What stuff?
[01:15:40.420 --> 01:15:41.420]  What stuff?
[01:15:41.420 --> 01:15:47.820]  Uh, the court cases from, you know, all the courts across America and...
[01:15:47.820 --> 01:15:48.820]  Okay.
[01:15:48.820 --> 01:15:52.820]  How did you get that that constitutes evidence?
[01:15:52.820 --> 01:15:57.060]  Well, it was just case law that I caught that I didn't...
[01:15:57.060 --> 01:15:58.060]  That's not evidence.
[01:15:58.060 --> 01:15:59.900]  That's case law.
[01:15:59.900 --> 01:16:04.340]  That's not evidence.
[01:16:04.340 --> 01:16:06.420]  How do you get that that's evidence?
[01:16:06.420 --> 01:16:11.420]  Well, I was just figuring it was going on that, you know, it was passable.
[01:16:11.420 --> 01:16:16.020]  Well, that's the problem, you're figuring instead of reading.
[01:16:16.020 --> 01:16:21.420]  What does the law say constitutes evidence in a civil matter?
[01:16:21.420 --> 01:16:25.420]  Not sure, man.
[01:16:25.420 --> 01:16:27.900]  Well, that's the problem.
[01:16:27.900 --> 01:16:30.580]  When you're not sure, you read.
[01:16:30.580 --> 01:16:33.740]  When you read, you decipher and understand.
[01:16:33.740 --> 01:16:36.740]  If you fail to do those things, you lose.
[01:16:36.740 --> 01:16:39.740]  Hang on just a minute, Mike.
[01:16:39.740 --> 01:16:41.740]  We'll finish this on the other side.
[01:16:41.740 --> 01:16:45.180]  Nikki, Michael, we see you on the board, so please hang in there with us.
[01:16:45.180 --> 01:16:46.740]  We'll get you after the break.
[01:16:46.740 --> 01:16:49.740]  Call in numbers 512-646-1984.
[01:16:49.740 --> 01:16:53.740]  This is Deborah Stevens, Randy Kelton, Eddie Craig, Rule of Law Radio.
[01:16:53.740 --> 01:17:02.740]  We'll be right back after this break.
[01:17:02.740 --> 01:17:08.740]  A story of a lost city, lost opportunity, lost hope.
[01:17:08.740 --> 01:17:12.740]  A story of failed policies, failed leadership.
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[01:17:20.740 --> 01:17:26.740]  One man has stood apart, stood strong and true.
[01:17:26.740 --> 01:17:32.740]  Voting against every tax increase, every unbalanced budget, every time.
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[01:17:41.740 --> 01:17:45.740]  Save the dollar, create jobs, bring peace.
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[01:17:49.740 --> 01:17:56.740]  Ron Paul, the one who can beat Obama and restore America now.
[01:17:56.740 --> 01:17:59.740]  I'm Ron Paul, and I approve this message.
[01:17:59.740 --> 01:18:05.740]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:18:05.740 --> 01:18:08.740]  and neither is finding like-minded people to share it with.
[01:18:08.740 --> 01:18:11.740]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:11.740 --> 01:18:12.740]  Brave New Books?
[01:18:12.740 --> 01:18:17.740]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[01:18:17.740 --> 01:18:19.740]  Ron Paul, Angie Ebert Griffin.
[01:18:19.740 --> 01:18:23.740]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:18:23.740 --> 01:18:25.740]  There's no way a place like that exists.
[01:18:25.740 --> 01:18:27.740]  Go check it out for yourself.
[01:18:27.740 --> 01:18:31.740]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:31.740 --> 01:18:35.740]  Oh, by UT? There's never anywhere to park down there.
[01:18:35.740 --> 01:18:41.740]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility,
[01:18:41.740 --> 01:18:42.740]  just behind the bookstore.
[01:18:42.740 --> 01:18:46.740]  It does exist, but when are they open?
[01:18:46.740 --> 01:18:51.740]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[01:18:51.740 --> 01:19:20.740]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:19:21.740 --> 01:19:46.740]  All right, Mike, let's continue on with your issue here and see what we can do about it.
[01:19:46.740 --> 01:19:53.740]  Now, first thing is, is one, as we were talking about, court cases do not constitute evidence.
[01:19:53.740 --> 01:19:59.740]  You need to read the rules on what constitutes evidence in a civil proceeding, okay?
[01:19:59.740 --> 01:20:13.740]  Now, you also need to check the statute regarding what you're entitled to as a matter of law regarding the public record,
[01:20:13.740 --> 01:20:20.740]  which in this case, is it just the recording? Is it a recording and a transcript? What is it?
[01:20:20.740 --> 01:20:29.740]  So until you read and know that, you're not going to know whether or not you've gotten all your entitled to or not.
[01:20:29.740 --> 01:20:43.740]  Okay, I also had a, in the civil procedure, I did see that for a motion to continue to be granted,
[01:20:43.740 --> 01:20:49.740]  it must be five days prior to the court day and must be based on good cause.
[01:20:49.740 --> 01:20:59.740]  And the officer that was the witness against me, I have an email from him that the court record had, you know, supplied to me,
[01:20:59.740 --> 01:21:07.740]  and they received it on May 2, which my child was supposed to be on May 3.
[01:21:07.740 --> 01:21:17.740]  And it's saying, it even states here, you know, that he had, he had known about this, he had training on the 3rd,
[01:21:17.740 --> 01:21:23.740]  the day of my trial, and he had known about it since the 27th of the month before,
[01:21:23.740 --> 01:21:34.740]  and he emailed them on the 2nd, which was the day before, and in the rules of civil procedure saying that it has to be five days prior.
[01:21:34.740 --> 01:21:41.740]  And he had emailed them the day before court and got it, and had it granted, a motion to continue granted,
[01:21:41.740 --> 01:21:47.740]  and I filed, immediately went up there that day, I showed up for court anyway, although they called me on the phone
[01:21:47.740 --> 01:21:53.740]  and told me that it would continue for another month, but I showed up anyway and filed a motion to dismiss
[01:21:53.740 --> 01:22:05.740]  based on, you know, it wasn't five days prior to the court case, and they just, you know, they just denied it.
[01:22:05.740 --> 01:22:11.740]  And I mean, they're just, they're not following the rules all the time.
[01:22:11.740 --> 01:22:20.740]  Well, the thing though is a motion for continuance for reasonable cause can be granted at any time by the court.
[01:22:20.740 --> 01:22:28.740]  You're talking about a difference in when a case can be heard versus a motion moving the court to do something other than that,
[01:22:28.740 --> 01:22:39.740]  such as an evidentiary motion, an evidentiary hearing, something that would constitute a pre-trial proceeding that had to be dealt with prior to trial.
[01:22:39.740 --> 01:22:49.740]  All a motion for continuance does is move the trial date forward, okay?
[01:22:49.740 --> 01:22:54.740]  It sets it to some future date.
[01:22:54.740 --> 01:23:08.740]  So that in and of itself does not constitute something that has to be settled prior to trial because all they're doing is relocating the trial itself.
[01:23:08.740 --> 01:23:13.740]  Yeah, but their paperwork stated it had to be five days prior.
[01:23:13.740 --> 01:23:19.740]  That it specifically say any motions for continuance must be five days prior.
[01:23:19.740 --> 01:23:21.740]  Yes, it did.
[01:23:21.740 --> 01:23:28.740]  Okay, is that a rule made by the court or is that a state law?
[01:23:28.740 --> 01:23:39.740]  I've read it in the statutes and it said three to five days, but their paperwork on what they've given me for the court notice and everything,
[01:23:39.740 --> 01:23:45.740]  it stated there on the bottom that they must be five days prior.
[01:23:45.740 --> 01:23:56.740]  Okay, if the statute says three to five days, if the statute itself says three to five days, then they have to file it within three to five days.
[01:23:56.740 --> 01:24:03.740]  The five rule or the five day rule in the court can be overruled by the court. It's their rule.
[01:24:03.740 --> 01:24:05.740]  Okay, yeah, I understand.
[01:24:05.740 --> 01:24:10.740]  That's like telling mom and dad they can't change your curfew even though they said it.
[01:24:10.740 --> 01:24:16.740]  Yeah, it was the day before court.
[01:24:16.740 --> 01:24:25.740]  Okay, and if it was the day before trial and state law says it had to be done no later than three days before trial,
[01:24:25.740 --> 01:24:29.740]  then you have an appealable issue, it would seem.
[01:24:29.740 --> 01:24:38.740]  Provided you objected to it timely at trial or at the time the motion was made for continuance.
[01:24:38.740 --> 01:24:48.740]  Yeah, I did. I did. I even stated that when we was in trial, because I knew that it was being recorded and everything.
[01:24:48.740 --> 01:24:59.740]  I knew it was all on the record and I kept telling him on the record, for the record, and I stated that I had to email from the officer that was a day before
[01:24:59.740 --> 01:25:02.740]  and that it was supposed to be at least three to five days before.
[01:25:02.740 --> 01:25:12.740]  And he just said all we dealt with this before and I denied the motion before and I'm denying it now.
[01:25:12.740 --> 01:25:17.740]  Okay, but it was your motion or opposing counsel's motion?
[01:25:17.740 --> 01:25:19.740]  So it was my motion.
[01:25:19.740 --> 01:25:24.740]  Okay, and your motion was specifically for what?
[01:25:24.740 --> 01:25:32.740]  It was a motion to dismiss based on, you know, the...
[01:25:32.740 --> 01:25:40.740]  I'm going to find it here. I have it right here somewhere, but it was pretty much a motion to dismiss based on, you know, violation of the rule,
[01:25:40.740 --> 01:25:43.740]  of not filing the continuance or...
[01:25:43.740 --> 01:25:48.740]  Okay, in order to get that as a dismissal, you would have to prove several things.
[01:25:48.740 --> 01:25:58.740]  The first of which is that the court's failure to abide by the rule caused you a prejudicial harm in your rights to do process or access to the courts.
[01:25:58.740 --> 01:26:06.740]  If you can't show a harm based upon what the court did, you're not going to get the case dismissed because of what they did.
[01:26:06.740 --> 01:26:08.740]  We clear on that?
[01:26:08.740 --> 01:26:09.740]  Yeah.
[01:26:09.740 --> 01:26:14.740]  It has to cause you a harm you can prove.
[01:26:14.740 --> 01:26:17.740]  Okay.
[01:26:17.740 --> 01:26:21.740]  I have one more... I have another question. They had moved my court through...
[01:26:21.740 --> 01:26:29.740]  They had moved my child to Superior Court because they couldn't provide me with a copy of the record, so they gave me a child de novo,
[01:26:29.740 --> 01:26:32.740]  which is a new trial in the Superior Court.
[01:26:32.740 --> 01:26:40.740]  Right, because you originally appeared in a court of no record, which begs the question, since they couldn't give you a copy of the record,
[01:26:40.740 --> 01:26:51.740]  what did you get in the first place? Because trial de novos are usually held in any state from a court of no record to the court of appeals,
[01:26:51.740 --> 01:26:55.740]  which is usually county court.
[01:26:55.740 --> 01:27:05.740]  Yeah, well, the process is once I appeal, the normal process, should I say, is once I appeal, I have to file an appeal and some memorandum.
[01:27:05.740 --> 01:27:12.740]  And since I didn't have a copy of the record, I couldn't file an appeal and some memorandum based on the record because I had no record,
[01:27:12.740 --> 01:27:17.740]  so they gave me a... they was saying that that's why they was giving me a child de novo.
[01:27:17.740 --> 01:27:18.740]  Okay.
[01:27:18.740 --> 01:27:29.740]  So what my question is, is I sent them a waiver of fees for it from the Justice Court, which was the wrong one,
[01:27:29.740 --> 01:27:38.740]  obviously that's just what I was given when I was asked for one, and they ended up, you know, making a long story short,
[01:27:38.740 --> 01:27:47.740]  they ended up abandoning my case due to the fact that I didn't have the waiver of fees in before the 30 days was up.
[01:27:47.740 --> 01:27:55.740]  So my question is, how do I get that back into appeals court? What motion would I file and stuff like that?
[01:27:55.740 --> 01:27:59.740]  Well, first you need to look at the rules and see whether or not that's possible.
[01:27:59.740 --> 01:28:13.740]  And if it is possible, those same rules will tell you the procedure for doing that, including what motion to file and what it has to contain.
[01:28:13.740 --> 01:28:16.740]  Hey, remember, I'm familiar with Texas law.
[01:28:16.740 --> 01:28:22.740]  I don't have the time or really the inclination to study every other state's law in every type of situation.
[01:28:22.740 --> 01:28:26.740]  That's kind of a lot to have to worry about.
[01:28:26.740 --> 01:28:30.740]  So when you ask these questions, I'll do what I can.
[01:28:30.740 --> 01:28:38.740]  But the point is, is that if you really need to know these answers, you need to be looking in your own state statutes so that you know these answers.
[01:28:38.740 --> 01:28:41.740]  You're not taking somebody else's word for it.
[01:28:41.740 --> 01:28:50.740]  If you don't know what you're doing when you go into court, you're going to make mistakes and they're usually going to be fatal to your case.
[01:28:50.740 --> 01:29:01.740]  So first thing is always read the rules associated with what you are doing and what you need to know about what you're doing.
[01:29:01.740 --> 01:29:07.740]  So if it even remotely appears to be related, read it.
[01:29:07.740 --> 01:29:17.740]  Not just one piece of it, but everything that surrounds it so that you have it in proper context.
[01:29:17.740 --> 01:29:21.740]  All right.
[01:29:21.740 --> 01:29:23.740]  I appreciate it, guys.
[01:29:23.740 --> 01:29:25.740]  Yes, sir, thanks for calling in.
[01:29:25.740 --> 01:29:27.740]  All right, thank you.
[01:29:27.740 --> 01:29:28.740]  All right, thank you.
[01:29:28.740 --> 01:29:31.740]  Okay, Nicky, we will take you on the other side of the break.
[01:29:31.740 --> 01:29:34.740]  We got less than 30 seconds here, so please hang in there.
[01:29:34.740 --> 01:29:36.740]  I will take you on the other side.
[01:29:36.740 --> 01:29:39.740]  Michael, we see you there as well, so hang on.
[01:29:39.740 --> 01:29:42.740]  Call in numbers 512-646-1984.
[01:29:42.740 --> 01:29:45.740]  We have about a half an hour left in the show, folks.
[01:29:45.740 --> 01:29:50.740]  So call if you've got a question or issue of any kind that we can help you with.
[01:29:50.740 --> 01:29:52.740]  We'll be right back on the other side of the break.
[01:29:52.740 --> 01:29:59.740]  This is Rule of Law Radio.
[01:29:59.740 --> 01:30:02.740]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:02.740 --> 01:30:05.740]  Reason number 10, what is on the surveillance tapes?
[01:30:05.740 --> 01:30:08.740]  There were many video surveillance cameras that recorded the morning of the bombing,
[01:30:08.740 --> 01:30:13.740]  yet a few of these that have been released do not show what transpired with the rider truck at the Murrowbilly.
[01:30:13.740 --> 01:30:16.740]  Most recently, the government has claimed that all of the cameras that were in different buildings
[01:30:16.740 --> 01:30:21.740]  and maintained by different businesses were all having their tapes changed at the exact same time, 9.02 a.m.
[01:30:21.740 --> 01:30:24.740]  This is insulting to the memory of those who perish in the bombing.
[01:30:24.740 --> 01:30:26.740]  What is being hidden from us?
[01:30:26.740 --> 01:30:29.740]  For more information, please go to okcbombingtruth.com.
[01:30:29.740 --> 01:30:32.740]  Set up with Wall Street and the economy?
[01:30:32.740 --> 01:30:35.740]  Before you take your complaints online, know this.
[01:30:35.740 --> 01:30:39.740]  The Federal Reserve may soon be dissecting your every post.
[01:30:39.740 --> 01:30:44.740]  I'm Dr. Catherine Albrecht and I'll have details on Bankster Big Brother next.
[01:31:09.740 --> 01:31:14.740]  A lot of people are shaking their fists lately at the Federal Reserve and Wall Street
[01:31:14.740 --> 01:31:16.740]  over their role in the poor economy.
[01:31:16.740 --> 01:31:20.740]  Now the Fed wants to know who is bad mouthing them and what we're saying.
[01:31:20.740 --> 01:31:24.740]  Through an ambitious and scary scheme to monitor the entire Internet,
[01:31:24.740 --> 01:31:28.740]  they plan to start scouring the contents of Facebook, Twitter and blogs,
[01:31:28.740 --> 01:31:33.740]  looking for critical comments about businesses, corporations and naturally themselves.
[01:31:33.740 --> 01:31:36.740]  Not only will they datamine social media,
[01:31:36.740 --> 01:31:41.740]  they'll also scrutinize news outlets like the AP, CNN and the Wall Street Journal
[01:31:41.740 --> 01:31:44.740]  and they'll analyze billions of web chats every day.
[01:31:44.740 --> 01:31:48.740]  The Fed calls it a social media monitoring solution.
[01:31:48.740 --> 01:31:49.740]  I call it scary.
[01:31:49.740 --> 01:32:07.740]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:32:20.740 --> 01:32:22.740]  Okay folks, we are back.
[01:32:22.740 --> 01:32:25.740]  This is the rule of law, rule of law radio.com.
[01:32:25.740 --> 01:32:27.740]  We got about a half an hour left.
[01:32:27.740 --> 01:32:31.740]  We're taking your calls 512-646-1984.
[01:32:31.740 --> 01:32:33.740]  Again, Randy is out.
[01:32:33.740 --> 01:32:36.740]  He will be joining us tomorrow night.
[01:32:36.740 --> 01:32:38.740]  So please tune in.
[01:32:38.740 --> 01:32:41.740]  He'll get to tell you a story himself.
[01:32:41.740 --> 01:32:43.740]  We do still need your donations.
[01:32:43.740 --> 01:32:46.740]  His indigency status was denied.
[01:32:46.740 --> 01:32:50.740]  He is going to appeal that, but in the meantime,
[01:32:50.740 --> 01:32:57.740]  he has to come up with an attorney within 30 days for the next hearing on his contempt charges.
[01:32:57.740 --> 01:33:03.740]  Are they going to throw him back in the clink for who knows how long.
[01:33:03.740 --> 01:33:05.740]  So folks, please donate.
[01:33:05.740 --> 01:33:09.740]  If you haven't yet, we continue to need your support.
[01:33:09.740 --> 01:33:16.740]  He's likely going to have to come up with another $2,200, $3,000 to pay for the transcript.
[01:33:16.740 --> 01:33:19.740]  So we do still need your help.
[01:33:19.740 --> 01:33:21.740]  The network still needs the help as well.
[01:33:21.740 --> 01:33:25.740]  But we do appreciate what you've done so far because if it wasn't for you,
[01:33:25.740 --> 01:33:28.740]  we would not have been able to get Randy out right now.
[01:33:28.740 --> 01:33:29.740]  He'd still be sitting in there.
[01:33:29.740 --> 01:33:31.740]  So we do appreciate your help.
[01:33:31.740 --> 01:33:34.740]  Okay, we're going now to Nikki in Texas.
[01:33:34.740 --> 01:33:35.740]  Nikki, thank you for calling in.
[01:33:35.740 --> 01:33:38.740]  What is your question or comment for us tonight?
[01:33:38.740 --> 01:33:40.740]  Yes, Deborah.
[01:33:40.740 --> 01:33:41.740]  How are you this evening?
[01:33:41.740 --> 01:33:42.740]  I'm doing pretty well.
[01:33:42.740 --> 01:33:43.740]  Thank you.
[01:33:43.740 --> 01:33:44.740]  Oh, good.
[01:33:44.740 --> 01:33:50.740]  I want you to know that I'm going to try to send a donation to you by Tuesday.
[01:33:50.740 --> 01:33:53.740]  Get Randy out with his legal expenses.
[01:33:53.740 --> 01:33:55.740]  Oh, thank you.
[01:33:55.740 --> 01:34:00.740]  I want to tell you that I have a problem here.
[01:34:00.740 --> 01:34:09.740]  I'm in Austin Travis County, Texas, and I'm having a problem with a group
[01:34:09.740 --> 01:34:17.740]  that I've been told is a systemic death cult headquarters here in Austin,
[01:34:17.740 --> 01:34:21.740]  Travis County, Texas, and I've had all kinds of problems.
[01:34:21.740 --> 01:34:28.740]  I can't, I'll call the police, you know, a few times about noises and things
[01:34:28.740 --> 01:34:32.740]  like that that they made, but I finally decided just to let it go.
[01:34:32.740 --> 01:34:36.740]  Because the police said, well, unless you can see them doing these things,
[01:34:36.740 --> 01:34:40.740]  you know, it's not really anything that we can do.
[01:34:40.740 --> 01:34:48.740]  But I'm aware of the fact that this is a hate crime because they yell at me,
[01:34:48.740 --> 01:34:50.740]  tell me, Nikki, we hate you.
[01:34:50.740 --> 01:34:52.740]  We're going to kill you.
[01:34:52.740 --> 01:34:54.740]  They do this all the time.
[01:34:54.740 --> 01:34:58.740]  You need to carry around a personal recording device, and whenever you're
[01:34:58.740 --> 01:35:03.740]  in the area, make sure it's on so you can get that recorded.
[01:35:03.740 --> 01:35:04.740]  All right.
[01:35:04.740 --> 01:35:08.740]  Because that's illegal for people to threaten to kill you.
[01:35:08.740 --> 01:35:09.740]  Yes.
[01:35:09.740 --> 01:35:11.740]  I can do that.
[01:35:11.740 --> 01:35:16.740]  Well, is there anything, any other things that I might can do in court?
[01:35:16.740 --> 01:35:18.740]  But then I don't know the people.
[01:35:18.740 --> 01:35:21.740]  I do know that it is the Titanic.
[01:35:21.740 --> 01:35:24.740]  Well, are they neighbors?
[01:35:24.740 --> 01:35:28.740]  Do they live in the neighborhood, and are they causing a noise disruption?
[01:35:28.740 --> 01:35:29.740]  Yes, they are.
[01:35:29.740 --> 01:35:34.740]  But what they did was they caused so much noise over to our house,
[01:35:34.740 --> 01:35:39.740]  which is about a two block from where I am now.
[01:35:39.740 --> 01:35:45.740]  Until I moved out and moved in to this apartment complex here at Woodmark
[01:35:45.740 --> 01:35:50.740]  apartment, it's a 1735 Woodland Drive here in Austin.
[01:35:50.740 --> 01:35:51.740]  It's neometric.
[01:35:51.740 --> 01:36:00.740]  And when I moved in, then they moved the other policing agents out and brought
[01:36:00.740 --> 01:36:02.740]  in new people.
[01:36:02.740 --> 01:36:08.740]  And you just, it's everything going on over here.
[01:36:08.740 --> 01:36:09.740]  Just everything.
[01:36:09.740 --> 01:36:15.740]  So I agree with you that I do need to record this, that there are times when
[01:36:15.740 --> 01:36:18.740]  you live alone, it is very frightening.
[01:36:18.740 --> 01:36:24.740]  I moved out of the house over here so that my family could have some privacy
[01:36:24.740 --> 01:36:30.740]  because they have ways they can look in the house and they'd be bumping around
[01:36:30.740 --> 01:36:31.740]  when we leave.
[01:36:31.740 --> 01:36:34.740]  They can get somehow up into the attic.
[01:36:34.740 --> 01:36:36.740]  They bump around in the walls.
[01:36:36.740 --> 01:36:40.740]  I mean, we have been through hell with this group.
[01:36:40.740 --> 01:36:50.740]  So I really want to know what I can do to stop this because Austin Texas is not
[01:36:50.740 --> 01:36:55.740]  about this type of nonsense, but I'm not going to be able to get any help.
[01:36:55.740 --> 01:37:00.740]  Well, the best thing that I could suggest is to have some kind of a number one,
[01:37:00.740 --> 01:37:03.740]  you always got to have your personal recording device on you at all times
[01:37:03.740 --> 01:37:06.740]  anyway, that includes audio and video.
[01:37:06.740 --> 01:37:10.740]  I like smart phones, even though I hate that word, what they call them for
[01:37:10.740 --> 01:37:14.740]  reasons I've explained before, but especially the ones that connect to
[01:37:14.740 --> 01:37:20.740]  the Internet because you can use the quick app qik.com and you can live stream
[01:37:20.740 --> 01:37:22.740]  audio and video to the Internet.
[01:37:22.740 --> 01:37:25.740]  So even if somebody grabs your phone and smashes it like the police or any of
[01:37:25.740 --> 01:37:27.740]  these nefarious people, it's too late.
[01:37:27.740 --> 01:37:29.740]  The video is already posted on the Internet.
[01:37:29.740 --> 01:37:30.740]  You can do that.
[01:37:30.740 --> 01:37:34.740]  You should have that all the time anyway just because of all the rogue public
[01:37:34.740 --> 01:37:36.740]  servants that are running around.
[01:37:36.740 --> 01:37:37.740]  So that's number one.
[01:37:37.740 --> 01:37:42.740]  Number two, get yourself some kind of home surveillance set up so that
[01:37:42.740 --> 01:37:46.740]  with video cameras and audio recording devices where you're recording
[01:37:46.740 --> 01:37:50.740]  what's going on all the time when you leave so that you can catch them
[01:37:50.740 --> 01:37:52.740]  on film and on tape.
[01:37:52.740 --> 01:37:56.740]  They come in and they steal my things.
[01:37:56.740 --> 01:37:58.740]  They tear the heels off my shoes.
[01:37:58.740 --> 01:38:01.740]  Yeah, you need to have that recorded.
[01:38:01.740 --> 01:38:05.740]  You need to have that videotaped and then that would be evidence.
[01:38:05.740 --> 01:38:09.740]  If you don't have evidence, there's not really much that you would be able to do.
[01:38:09.740 --> 01:38:13.740]  I mean, as far as the noise is kept the shoes, I kept the shoes.
[01:38:13.740 --> 01:38:17.740]  I hate it because they're nice shoes and I hate to see things like that around
[01:38:17.740 --> 01:38:18.740]  that I'm not using.
[01:38:18.740 --> 01:38:22.740]  Well, I mean, they may have left their fingerprints on the shoes.
[01:38:22.740 --> 01:38:26.740]  That's one thing, but trying to get the Austin police to do something about it
[01:38:26.740 --> 01:38:31.740]  is another, but if you have video showing specific people that are doing this
[01:38:31.740 --> 01:38:33.740]  then that's a different story.
[01:38:33.740 --> 01:38:35.740]  They will much likely go after them.
[01:38:35.740 --> 01:38:38.740]  That's really probably the only thing that I can suggest.
[01:38:38.740 --> 01:38:42.740]  You've got to have some hardcore video evidence of what's going on.
[01:38:42.740 --> 01:38:47.740]  Other than that, if it's just noise, I mean, there's no specific
[01:38:47.740 --> 01:38:53.740]  decibel noise ordinance in Austin relating to residential areas.
[01:38:53.740 --> 01:38:59.740]  That's been a problem in the past with neighbors that are busybodies.
[01:38:59.740 --> 01:39:03.740]  It's like you can't even leave your window open playing an acoustic guitar
[01:39:03.740 --> 01:39:06.740]  without the next door neighbor calling the police five nights a week.
[01:39:06.740 --> 01:39:12.740]  That's happened to us before and then because there's no specific decibel statute,
[01:39:12.740 --> 01:39:17.740]  it's just up to the police officer's discretion as to whether you're being unreasonable or not.
[01:39:17.740 --> 01:39:21.740]  Anyways, it just gets into a big mess where they have to threaten the neighbors
[01:39:21.740 --> 01:39:26.740]  saying stop calling 9-1-1 or we're going to press charges against you for 9-1-1 abuse.
[01:39:26.740 --> 01:39:29.740]  The noise thing, you're not going to get very far with that,
[01:39:29.740 --> 01:39:33.740]  but you're going to have to take video evidence if you really want to get anywhere with this.
[01:39:33.740 --> 01:39:34.740]  I could do that.
[01:39:34.740 --> 01:39:36.740]  I thank you very much.
[01:39:36.740 --> 01:39:40.740]  As I said, I won't have any money before Tuesday,
[01:39:40.740 --> 01:39:44.740]  but I will send a donation to you for Randy.
[01:39:44.740 --> 01:39:46.740]  I wish him well for me.
[01:39:46.740 --> 01:39:50.740]  I thank you all for listening and you've helped me so much.
[01:39:50.740 --> 01:39:51.740]  Thank you, Nikki.
[01:39:51.740 --> 01:39:54.740]  I have a day that's effectively thanks to you all,
[01:39:54.740 --> 01:39:58.740]  but I've not been able to get very far with this.
[01:39:58.740 --> 01:40:01.740]  You're going to have to videotape them red-handed.
[01:40:01.740 --> 01:40:03.740]  That's really the only way.
[01:40:03.740 --> 01:40:04.740]  That's right.
[01:40:04.740 --> 01:40:05.740]  Thank you so much.
[01:40:05.740 --> 01:40:06.740]  You're having a good night.
[01:40:06.740 --> 01:40:08.740]  Okay, thank you, Nikki.
[01:40:08.740 --> 01:40:12.740]  Okay, we're going now to Michael in Maryland.
[01:40:12.740 --> 01:40:15.740]  Michael, thank you for calling and what is your question or comment tonight?
[01:40:15.740 --> 01:40:22.740]  Hi, very quickly, follow-up to the other gentleman's line of discussion for you and for Eddie.
[01:40:22.740 --> 01:40:26.740]  In Maryland, where I'm from, there's actually something in the Constitution,
[01:40:26.740 --> 01:40:35.740]  regretfully, I think it was updated, to be a minimum of $15,000 for a jury trial.
[01:40:35.740 --> 01:40:40.740]  Since that conflicts with the federal, would you basically come from the angle of,
[01:40:40.740 --> 01:40:48.740]  well, our state constitution definitely does concur that the federal constitution is the supreme law of the land,
[01:40:48.740 --> 01:40:52.740]  so that that would have preeminence when it comes to demanding a jury trial,
[01:40:52.740 --> 01:41:05.740]  notwithstanding what the language in the constitution seems to be a conflict within our constitution on that matter on that issue.
[01:41:05.740 --> 01:41:06.740]  Eddie?
[01:41:06.740 --> 01:41:08.740]  Run that one, Bobby, one more time.
[01:41:08.740 --> 01:41:12.740]  Sorry, Eddie. Sorry, Eddie. Basically, the federal constitution, as you pointed out,
[01:41:12.740 --> 01:41:15.740]  says anything over $20, you get a jury trial.
[01:41:15.740 --> 01:41:31.740]  Our constitution just recently was updated from $10,000 to $15,000 as a minimum to be entitled or whatever the word you want to use for a jury trial in civil matters.
[01:41:31.740 --> 01:41:33.740]  Okay, well, then that's a problem.
[01:41:33.740 --> 01:41:37.740]  The state constitution violates the federal constitution and that's forbidden.
[01:41:37.740 --> 01:41:39.740]  Right, right.
[01:41:39.740 --> 01:41:42.740]  So how would you suggest maybe going about challenging that, I guess, you know?
[01:41:42.740 --> 01:41:47.740]  I mean, if something else comes up again for me and I put in a preliminary motion to demand a jury trial and they deny it,
[01:41:47.740 --> 01:41:49.740]  then I can appeal that, right?
[01:41:49.740 --> 01:41:51.740]  Isn't that the idea?
[01:41:51.740 --> 01:41:53.740]  Well, absolutely.
[01:41:53.740 --> 01:42:03.740]  But at the same time, you can sue the legislators at the federal level for creating a constitutional amendment within the state that violates the federal constitution.
[01:42:03.740 --> 01:42:07.740]  Well, okay, I think I get what you're driving at.
[01:42:07.740 --> 01:42:18.740]  You can do a 1983 action against these individuals for attempting to update the state constitution in a manner that directly violates the federal constitution.
[01:42:18.740 --> 01:42:23.740]  Wow. Now, would you file it against all state legislators? That's quite a big body.
[01:42:23.740 --> 01:42:31.740]  I would file it against whoever proposed the bill and all those who signed on to it as supporters.
[01:42:31.740 --> 01:42:33.740]  Awesome. Yeah, that's neat. That's neat.
[01:42:33.740 --> 01:42:35.740]  Okay, another question.
[01:42:35.740 --> 01:42:41.740]  I did finally have a court date on one of these chilly red light or automated traffic enforcement for speeding.
[01:42:41.740 --> 01:42:46.740]  And again, in Maryland, this is a civil matter, at least that definitely seems to be the way it was going.
[01:42:46.740 --> 01:42:54.740]  But in the court, I challenged, I said, I cannot enter a plea because I need to know the nature and cause of this accusation.
[01:42:54.740 --> 01:42:58.740]  Before I'd even finished talking, he said, I just told you what it is.
[01:42:58.740 --> 01:43:05.740]  This is a civil matter. I said, well, if this is a civil matter, then, I know, what did he say?
[01:43:05.740 --> 01:43:07.740]  I'm sorry, he said, yeah, he said it's a civil matter.
[01:43:07.740 --> 01:43:16.740]  And I said, well, if it's a civil matter, then there must, I can't remember exactly what I said.
[01:43:16.740 --> 01:43:22.740]  I've got it on recording, but he said wrong, you're making an assumption there are civil matters at law.
[01:43:22.740 --> 01:43:30.740]  No, he said it's criminal. I said, well, then it must be criminal, right?
[01:43:30.740 --> 01:43:35.740]  He said, no, he, sorry, we're going to break. I'll finish it and I'll clean it up.
[01:43:35.740 --> 01:43:39.740]  Okay, hang up and we'll be right back here, so hold on.
[01:43:39.740 --> 01:43:47.740]  Okay, this is rule of law radio. Call it number 512-646-1984. Jim, Keith, we see you there on the board,
[01:43:47.740 --> 01:43:52.740]  hang on and we'll get you on the other side of the break when we wrap up, Michael. This is rule of law radio folks.
[01:43:52.740 --> 01:43:54.740]  We'll be right back after the break.
[01:43:59.740 --> 01:44:03.740]  Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[01:44:03.740 --> 01:44:04.740]  Who's Ron Paul?
[01:44:04.740 --> 01:44:10.740]  Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.740 --> 01:44:13.740]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.740 --> 01:44:20.740]  Of course you do. Now, listen closely. 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.
[01:44:20.740 --> 01:44:27.740]  They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers and yard signs so that you can show your support for him during the campaign.
[01:44:27.740 --> 01:44:30.740]  Brave New Books? Do they have Harry Potter and Twilight?
[01:44:30.740 --> 01:44:36.740]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.740 --> 01:44:39.740]  Ugh, that sounds like that show on the Discovery Channel.
[01:44:39.740 --> 01:44:46.740]  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.
[01:44:46.740 --> 01:44:47.740]  What are you doing?
[01:44:47.740 --> 01:44:53.740]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it located?
[01:44:53.740 --> 01:44:55.740]  1904 Guadeloupe Street.
[01:44:55.740 --> 01:44:57.740]  There, it's sent. I even made a smiley face.
[01:44:57.740 --> 01:44:59.740]  Great.
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[01:46:00.740 --> 01:46:19.740]  Alright folks, we are back. This is rule of law and radio. Call in numbers 512-646-1984. We're going to go ahead and try to finish up with Michael and then get to Jim and Keith.
[01:46:19.740 --> 01:46:23.740]  Alright, Michael, go ahead and let's see if we can get this all the way out now.
[01:46:23.740 --> 01:46:32.740]  Sorry about that. I had to get my thoughts together. So I said to him, I said, I need to know whether this is civil matter, the nature and cause.
[01:46:32.740 --> 01:46:40.740]  He said, I just told you. I said, I need to know if this is a matter of law or equity. And he said, it's at law.
[01:46:40.740 --> 01:46:48.740]  So I said, well, if it's at law, then it must be a criminal matter. He said, law, that assumption. There are civil matters at law and there are criminal matters at law.
[01:46:48.740 --> 01:46:52.740]  Well, that's the first thing I've ever heard of that. Can you explain what he might have been talking about?
[01:46:52.740 --> 01:47:06.740]  Well, yeah, it's straight up forward. There are things that the civil law deals with specifically and there are things that the criminal law deals with specifically.
[01:47:06.740 --> 01:47:07.740]  Okay?
[01:47:07.740 --> 01:47:12.740]  But when it comes to nature and cause, I said, is it law or equity? Is it civil?
[01:47:12.740 --> 01:47:38.740]  Law of nature and cause only applies to criminal actions, not to civil torts. However, civil torts requires that there is a breach of agreement of some time or a harm to another person or property for which the only remedy is a civil tort.
[01:47:38.740 --> 01:47:47.740]  Yeah, and generally something like a remedy in law for a civil case, that's damages. That's when you sue for monetary damages.
[01:47:47.740 --> 01:47:56.740]  And a remedy in equity in a civil matter is when you're asking for injunctive relief, when you're asking the court to order somebody to do something.
[01:47:56.740 --> 01:48:04.740]  That's considered remedy in equity in a civil matter. And a remedy in law in a civil matter is considered monetary damages.
[01:48:04.740 --> 01:48:11.740]  Wow. Okay, I'll have to listen to the, go back and listen to the archive on this. But last question I'll let it go.
[01:48:11.740 --> 01:48:18.740]  I remember you said tonight to the other gentleman that there should have been an adversarial party and you should have challenged for no adversarial party.
[01:48:18.740 --> 01:48:27.740]  In my case, I said I make a motion to dismiss for lack of an injured party. Is that pretty much the same thing or not quite?
[01:48:27.740 --> 01:48:30.740]  Well, not quite.
[01:48:30.740 --> 01:48:39.740]  Okay, and most of the time in order for there to be an injury, it has to be a palpable injury, something that can be proved.
[01:48:39.740 --> 01:48:55.740]  Some examples, however, of things that are not palpable injuries that do, they just suggest is things like emotional distress, pain and suffering.
[01:48:55.740 --> 01:49:04.740]  Not that they're not real to the people going through them, but the fact is, is they're neither tangible nor directly provable.
[01:49:04.740 --> 01:49:10.740]  They're just assumed based upon the circumstances surrounding the case.
[01:49:10.740 --> 01:49:19.740]  And they play to the, how would you feel in this particular situation if it were you kind of emotional context?
[01:49:19.740 --> 01:49:25.740]  But there was nobody, not a prosecutor, not an injured party. There was no adversarial party.
[01:49:25.740 --> 01:49:28.740]  They're going to say that the state is the injured party.
[01:49:28.740 --> 01:49:42.740]  Yeah, but the problem is if they're telling me that this is a criminal action and there is no prosecutor, he has not gotten a fair and impartial trial because the magistrate that's presiding is also the prosecution.
[01:49:42.740 --> 01:49:47.740]  That's not being fair and impartial, not in a criminal matter.
[01:49:47.740 --> 01:49:55.740]  Okay, well, I'm probably going to follow a judicial kind of complaint maybe against this gentleman and maybe a 1983 action too.
[01:49:55.740 --> 01:50:15.740]  Well, you may have to challenge the statute through the 1983 action to get it removed because if the statute itself allows the magistrate to act as both the prosecutor and the judge, then that is a legislatively defined denial of the right to due process.
[01:50:15.740 --> 01:50:18.740]  And it cannot be allowed to stand.
[01:50:18.740 --> 01:50:22.740]  Wow. Thank you so much. Appreciate it. I'll let somebody else talk. Thanks so much.
[01:50:22.740 --> 01:50:23.740]  All right. Thank you, Michael.
[01:50:23.740 --> 01:50:24.740]  Bye.
[01:50:24.740 --> 01:50:25.740]  Bye.
[01:50:25.740 --> 01:50:30.740]  Okay, we're going now to Jim in Texas. Jim, thank you for calling in. What's your question or comment tonight?
[01:50:30.740 --> 01:50:40.740]  Hello. I guess I need to ask you guys, what is the best way to find out who's filing any traffic cases and such the criminal complaint?
[01:50:40.740 --> 01:50:50.740]  Because when I go into the clerk, they say, well, we don't know who that person is. I said, well, why do you let them file in your court if you don't know who signed in the documents?
[01:50:50.740 --> 01:51:01.740]  So, I mean, nobody knows who actually filed the criminal complaint. And I try to track it down. If somebody read this testimony from a police officer and believe it to be true and nobody...
[01:51:01.740 --> 01:51:13.740]  Then that's easy enough to fix. File a subpoena for persons unknown but who signed the complaint as the affiant.
[01:51:13.740 --> 01:51:14.740]  Okay.
[01:51:14.740 --> 01:51:23.740]  All right. Now, that will get you at trial information about who it is. All right.
[01:51:23.740 --> 01:51:35.740]  And if it turns out to be a clerk, then we know that the court has attempted to deprive you of your right to confront the witnesses against you.
[01:51:35.740 --> 01:51:46.740]  Or those that are considered to be your accuser. And whoever signs that complaint as the affiant is the accuser.
[01:51:46.740 --> 01:51:53.740]  Well, we're looking at the handwriting and we're thinking it's the city prosecutor.
[01:51:53.740 --> 01:52:01.740]  If the city prosecutor signed it, that's a whole nother problem because the prosecutor cannot sign the complaint.
[01:52:01.740 --> 01:52:08.740]  Now, they can sign it as verifying the affiant's signature, but they cannot be the affiant.
[01:52:08.740 --> 01:52:17.740]  Yeah. We're looking at the name and we're seeing that the handwriting is the same as the prosecutor's, but they signed like a different last name.
[01:52:17.740 --> 01:52:20.740]  And so we're very suspicious.
[01:52:20.740 --> 01:52:25.740]  Okay. Well, the only way you're going to be able to prove that is an expert witness on handwriting, though.
[01:52:25.740 --> 01:52:30.740]  Yeah. So, I mean, we just need to get to the subpoena.
[01:52:30.740 --> 01:52:37.740]  Okay. This is what I would do. Who signed it as the verifier of the affiant's signature?
[01:52:37.740 --> 01:52:41.740]  Okay.
[01:52:41.740 --> 01:52:44.740]  Whose is the second signature?
[01:52:44.740 --> 01:52:47.740]  Yeah, the second signature on there is the prosecutor.
[01:52:47.740 --> 01:52:53.740]  Okay. Then take it to the prosecutor and say, I want to know the full name of who this is that signed this.
[01:52:53.740 --> 01:52:57.740]  I'm going to subpoena them to court. I want their name.
[01:52:57.740 --> 01:52:59.740]  Okay.
[01:52:59.740 --> 01:53:06.740]  Because in order for them to have signed it, they would have had to have witnessed the other person signing it.
[01:53:06.740 --> 01:53:11.740]  All right. Sounds good.
[01:53:11.740 --> 01:53:13.740]  Okay. Thank you.
[01:53:13.740 --> 01:53:15.740]  You're welcome.
[01:53:15.740 --> 01:53:24.740]  All right. Thanks for calling in, Jim. Now we're going to go to Keith in Texas. Keith, you got about five minutes, my friend. What can we do for you?
[01:53:24.740 --> 01:53:34.740]  Yes, sir. I was at a traffic light and I had turned left on a green and it wasn't a green. It wasn't protected.
[01:53:34.740 --> 01:53:49.740]  But the lady, when she hit me, I had seen her. I think she was talking on her phone. Is there any way? I mean, it was a green light, but it was in a green arrow.
[01:53:49.740 --> 01:53:51.740]  I mean, is that light?
[01:53:51.740 --> 01:54:02.740]  Okay. If it is not a protected left-hand turn, the duty is on the person who is making the turn to ensure that it is safe to do so.
[01:54:02.740 --> 01:54:09.740]  So it's my, it would be like my fault because I didn't check, because I'm the one that got hit.
[01:54:09.740 --> 01:54:17.740]  If you made the left-hand turn and she was traveling straight, yes. The responsibility is yours.
[01:54:17.740 --> 01:54:22.740]  Oh, man. I thought there would be something, because I mean, I had a...
[01:54:22.740 --> 01:54:38.740]  The only protection you've got in this case is if there is a protected left-turn arrow. If there was not, then it is solely your responsibility to ensure that you can make that turn safely.
[01:54:38.740 --> 01:54:43.740]  Okay. Well, is there any way? I'll have court tomorrow. Is there any way I can...
[01:54:43.740 --> 01:54:49.740]  Maybe they can, you know, make, I can get some kind of like payment to where it'd be real cheap.
[01:54:49.740 --> 01:54:55.740]  That's going to be up to what the judge orders at the conclusion if you're found guilty of the offense.
[01:54:55.740 --> 01:54:59.740]  Or if you're found, is this a civil suit or the traffic offense?
[01:54:59.740 --> 01:55:02.740]  The traffic offense with the sheriff's department.
[01:55:02.740 --> 01:55:10.740]  Okay. If it's a traffic offense and they wrote the ticket after the fact, then you need to be challenging. The ticket is being illegal.
[01:55:10.740 --> 01:55:24.740]  543 only allows them to write that citation if they were present or in the immediate area so as to be able to witness or have it committed in their presence, the offense.
[01:55:24.740 --> 01:55:31.740]  If they wrote it after they arrived on the scene 20 minutes later, the ticket's illegal according to Chapter 543,
[01:55:31.740 --> 01:55:47.740]  because 543.001 specifically reads that any peace officer may arrest without warrant any person found committing a violation of this subtitle,
[01:55:47.740 --> 01:55:53.740]  found committing infers that the act must be in progress.
[01:55:53.740 --> 01:56:03.740]  Okay. You said that was Chapter 543.001, Texas Transportation Code.
[01:56:03.740 --> 01:56:18.740]  Okay. Yeah, they showed up later. I had the car and I had like, I know how you had talked about like when you, if you don't commit no felony or you don't commit no misdemeanor, you don't have to sign the ticket.
[01:56:18.740 --> 01:56:29.740]  I've never said that. I've never said that. I said they can't issue a warrant for failure to appear because you do not appear on a Class C misdemeanor ticket.
[01:56:29.740 --> 01:56:44.740]  That's the way the statutes read anyway. Now, as far as what you're dealing with here, if trial is tomorrow, you kind of hung yourself out the drive by not giving yourself any time to deal with this and waiting this long.
[01:56:44.740 --> 01:56:57.740]  The problem here is this. You need to file an immediate motion to quash the citation and to quash the complaint on which the citation is, that is based on the citation.
[01:56:57.740 --> 01:57:07.740]  Okay. Okay. And in which case there should also be, since this is going to be County Court, I'm presuming, or JP Court, there should be an information.
[01:57:07.740 --> 01:57:16.740]  So you'll move to quash that. So you've got three motions to quash the citation, the complaint and the information.
[01:57:16.740 --> 01:57:27.740]  But the problem's going to be filing them the day before trial and your day before is already gone. Now you're going to try to challenge them the day of.
[01:57:27.740 --> 01:57:38.740]  The problem is Texas law says that you must challenge them no later than one day prior to trial on the merits.
[01:57:38.740 --> 01:57:58.740]  Oh, man. Well, can I tell them about the Chapter 543.01 about they didn't witness it? You can put that into the record on cross-examination of the officers. You can put that into the record by asking them at what time did the
[01:57:58.740 --> 01:58:09.740]  accident occur according to your information. At what time did you arrive on the scene? That's approximately how many minutes apart. So you did not witness the accident.
[01:58:09.740 --> 01:58:17.740]  You were not present when it occurred. By what authority do you write a citation when it violates 543.001?
[01:58:17.740 --> 01:58:20.740]  Okay. Thank you. Thank you, man.
[01:58:20.740 --> 01:58:22.740]  All right. I wish you luck, Keith.
[01:58:22.740 --> 01:58:23.740]  Oh, thank you.
[01:58:23.740 --> 01:58:30.740]  All right, folks. This has been Rule of Law Radio. Thank you so much for listening. Thank you so much for the donation.
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