[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:10.960]  Japan's Asahi Shimbun newspaper said Monday at least 462 trillion backer rolls of radioactive
[00:10.960 --> 00:16.000]  strontium have leaked into the Pacific since the Fukushima nuclear meltdown, making it
[00:16.000 --> 00:19.320]  one of the most severe marine pollution cases in history.
[00:19.320 --> 00:23.480]  According to Greenpeace, the government is not adequately protecting the public from
[00:23.480 --> 00:29.720]  contaminated Pacific seafood, still sold unlabeled in Japan and internationally, including the
[00:29.720 --> 00:30.720]  U.S.
[00:30.720 --> 00:36.080]  Iceland has become the first Western European country to formally recognize the Palestinian
[00:36.080 --> 00:38.880]  territories as an independent state.
[00:38.880 --> 00:42.520]  Most Eastern European countries have already recognized Palestine.
[00:42.520 --> 00:47.720]  Israel and the U.S. oppose any recognition of a Palestinian state not resulting from
[00:47.720 --> 00:48.880]  negotiations.
[00:48.880 --> 00:53.720]  Washington's Western European allies share this position.
[00:53.720 --> 00:58.280]  Thousands of protesters rallied in Moscow Saturday against violations in the country's
[00:58.280 --> 01:00.880]  parliamentary elections earlier this month.
[01:00.880 --> 01:05.680]  Meanwhile, the Communist Party, which received 20 percent of the vote in the election, nominated
[01:05.680 --> 01:11.440]  Gennady Junadoff to run against Vladimir Putin in March presidential elections.
[01:11.440 --> 01:18.840]  Putin's 42 percent approval rating suggests he may not clinch victory in the first round.
[01:18.840 --> 01:23.280]  Political prisoner Mumia Abu Jamal has issued a letter of support to the Occupy Wall Street
[01:23.280 --> 01:24.280]  movement.
[01:24.280 --> 01:29.600]  Jamal, a former Black Panther, was convicted in 1982 of killing a white police officer in
[01:29.600 --> 01:32.600]  a trial widely considered dubious.
[01:32.600 --> 01:36.120]  Photographs of the crime scene that would have impeached the testimony of a police officer
[01:36.120 --> 01:38.600]  were not admitted during his trial.
[01:38.600 --> 01:43.560]  After 30 years on death row, the Philadelphia District Attorney's Office dropped its pursuit
[01:43.560 --> 01:47.880]  of the death penalty ahead of a resentencing hearing earlier this month.
[01:47.880 --> 01:51.360]  Jamal will now spend life in prison without parole.
[01:51.360 --> 01:55.920]  In a lesser-to-lead resurgent movement, Jamal wrote, �You are raising questions that are
[01:55.920 --> 01:57.680]  in the hearts of millions.
[01:57.680 --> 02:03.520]  Your motto, �We are the 99 percent�, has been heard, heeded and responded to by millions,
[02:03.520 --> 02:07.840]  adding, �Your work is just beginning.�
[02:07.840 --> 02:12.520]  Activists across the Middle East have reported a mysterious toxin, possibly a nerve agent,
[02:12.520 --> 02:18.000]  in clouds of tear gas used by security forces to suppress anti-government protests.
[02:18.000 --> 02:23.280]  It�s not known whether the incapacitating gas involves one chemical compound or many,
[02:23.280 --> 02:28.360]  but the observed symptoms, whether in caro or sonar, are remarkably similar.
[02:28.360 --> 02:34.080]  A severe burning sensation on the skin and in the lungs, nausea, paralysis, convulsions,
[02:34.080 --> 02:36.040]  and in some cases death.
[02:36.040 --> 02:41.320]  Rights activists suspect the substance used against protesters is CR, a form of tear gas,
[02:41.320 --> 02:45.600]  up to ten times more powerful than CS, regular tear gas.
[02:45.600 --> 02:51.600]  The riot control agent produces similar effects to CS, but also induces intense pain on exposed
[02:51.600 --> 02:56.240]  skin and membranes, which become more painful when flushed with water.
[02:56.240 --> 03:26.200]  CR has been used by Israeli forces to suppress demonstrations in the Palestinian territories.
[03:26.240 --> 03:56.200]  This is Monday night, rule of law, radio, DSD, September 19, 2011, it�s very crazy
[03:56.200 --> 03:57.200]  for these people.
[03:57.200 --> 04:00.880]  And of course as usual, I�m here mostly with myself tonight.
[04:00.880 --> 04:04.400]  Debra is the man in the phone and is running the boards and working on several other hunts.
[04:04.400 --> 04:06.300]  Actually, we have a call screener tonight.
[04:06.300 --> 04:07.600]  Yeah, we actually do.
[04:07.600 --> 04:08.600]  We do.
[04:08.600 --> 04:10.880]  So Frank, thanks for doing that.
[04:10.880 --> 04:12.720]  I appreciate it very much.
[04:12.720 --> 04:13.720]  Absolutely.
[04:13.720 --> 04:14.720]  I really appreciate it.
[04:14.720 --> 04:20.320]  One of the things I like to talk about tonight is something that we were going over.
[04:20.320 --> 04:21.960]  Randy and I have had this discussion before.
[04:21.960 --> 04:25.080]  He didn�t know that this is the way it used to work in Texas.
[04:25.080 --> 04:29.480]  But how many of you folks out there realize that in Texas, the Texas Constitution of
[04:29.480 --> 04:38.880]  1869 specifically allowed for citizens to prosecute any non-felony case?
[04:38.880 --> 04:45.800]  If you don�t believe that, go to the Tarleton Law Library website and go to the Texas Constitution
[04:45.800 --> 04:54.520]  Project, Digitization Project, and look up the 1869 Texas Constitution.
[04:54.520 --> 04:58.320]  Look in Article 5, Section 17.
[04:58.320 --> 05:04.520]  That section is a far cry different than it is today in the 1876 version, thus modified
[05:04.520 --> 05:06.360]  so far.
[05:06.360 --> 05:12.240]  But if you read through that, it�ll tell you very clearly that any police officer or
[05:12.240 --> 05:17.760]  citizen could prosecute a misdemeanor case.
[05:17.760 --> 05:22.280]  Now let me tell you, if that was still in the Texas Constitution, there would be an
[05:22.280 --> 05:27.120]  awful lot of public servants going through some severe heartburn right now, not to mention
[05:27.120 --> 05:29.120]  a little bit of jail time.
[05:29.120 --> 05:35.120]  That�s just for the misdemeanors, having to help them for the good old-fashioned felony
[05:35.120 --> 05:39.400]  stuff that most of them are guilty of day in and day out.
[05:39.400 --> 05:46.600]  Now there is something also that I would like to cover for folks that are getting the seminar
[05:46.600 --> 05:52.880]  material that are deciding to take up the banner of battle on the transportation issue
[05:52.880 --> 05:55.960]  regarding the license and all that.
[05:55.960 --> 06:01.080]  Folks, this is a fight, okay?
[06:01.080 --> 06:08.440]  It�s not a picnic, it�s not a stroll in the park, it�s not a piece of cake.
[06:08.440 --> 06:13.960]  If you choose to take up this banner and do battle with the powers that be over the issue
[06:13.960 --> 06:21.160]  of driver�s licenses, registration, insurance and all this other stuff, then let me forewarn
[06:21.160 --> 06:28.520]  you now that you had better start doing your homework.
[06:28.520 --> 06:36.440]  To go into this blindly or to think that just by listening to this show once a week without
[06:36.440 --> 06:43.120]  some off-time study of your own and research of your own and that that is somehow going
[06:43.120 --> 06:51.600]  to be the silver bullet that solves this old equation for you is not realistic.
[06:51.600 --> 06:56.840]  I�ve got lots of people that are calling me every day, they�re emailing me, �Hey,
[06:56.840 --> 07:05.360]  how can I do what you�re doing?� Well, I just told you, study, learn, figure it out,
[07:05.360 --> 07:06.440]  okay?
[07:06.440 --> 07:13.480]  I don�t ask anybody to take my word for anything, not in the classes, not on this
[07:13.480 --> 07:14.480]  show.
[07:14.480 --> 07:19.960]  Generally, if I tell you something, I tell you exactly where I�m getting the information
[07:19.960 --> 07:20.960]  from.
[07:20.960 --> 07:26.200]  I�ll tell you what code it�s in, what article, section, whatever and I�ll read
[07:26.200 --> 07:31.120]  it to you and then I�ll discuss it with you if you want to call in and talk about it.
[07:31.120 --> 07:37.400]  But the point here is, is that if you decide to do war with the evil forces that are running
[07:37.400 --> 07:43.440]  things, then you need to know what you�re fighting for.
[07:43.440 --> 07:47.880]  You need to know the legal ground on which you stand, the argument that needs to be made
[07:47.880 --> 07:50.600]  and how it needs to be made.
[07:50.600 --> 07:57.440]  Right now, the biggest problem we have is too many people want to fight, but nobody wants
[07:57.440 --> 07:59.000]  to train to win.
[07:59.000 --> 08:06.620]  It�s like picking some guy off the street to go up against Muhammad Ali or Mike Tyson
[08:06.620 --> 08:11.800]  and not give him one day�s worth of training in a boxing ring.
[08:11.800 --> 08:18.000]  What are the odds that person is going to successfully defeat either of these two people
[08:18.000 --> 08:26.400]  that have spent a lifetime preparing to do battle in the squared circle, okay?
[08:26.400 --> 08:28.560]  It�s no different for us.
[08:28.560 --> 08:33.560]  If we want to take this war to the enemy, then we need to know who the enemy is, what
[08:33.560 --> 08:34.560]  the enemy is.
[08:34.560 --> 08:41.480]  It�s a little thing Sun Tzu came up with in his little book called The Art of War,
[08:41.480 --> 08:45.720]  Know Thy Enemy, okay?
[08:45.720 --> 08:52.480]  When your enemy is strong, then you fight him from a position of strike first and run,
[08:52.480 --> 08:53.640]  okay?
[08:53.640 --> 08:58.320]  When you�re strong, then there�s a different battle plan and so on and so forth.
[08:58.320 --> 09:04.720]  You learn your enemy, his habits, his weaknesses, his strengths, everything.
[09:04.720 --> 09:13.280]  Most of all, if it possible, you learn the rules by which he wages war, okay?
[09:13.280 --> 09:20.840]  Once you know how the enemy thinks about how to conduct a fight or a battle or a war,
[09:20.840 --> 09:27.600]  then you have some idea of how to arrange your counter attacks and your opposing forces
[09:27.600 --> 09:33.480]  and your opposing supplies and armament to counter anything they do.
[09:33.480 --> 09:36.600]  That's what we learn on what we do on this show.
[09:36.600 --> 09:46.440]  That's what we do here is try to teach you what the other side uses to wage war.
[09:46.440 --> 09:52.920]  We try to educate you on how to read it, how to understand it, how to apply it.
[09:52.920 --> 09:58.800]  But like I've gone through with my class for the last several weeks, at some point,
[09:58.800 --> 10:05.680]  personal responsibility for your fight has to kick in somewhere you have to make up
[10:05.680 --> 10:12.640]  your mind that you are going to know what needs to be known to win this war.
[10:12.640 --> 10:17.360]  And right now, folks, it's all about knowledge and education.
[10:17.360 --> 10:22.920]  We get educated to get the knowledge to wage the war to win it.
[10:22.920 --> 10:29.320]  I, for one, have no intention of getting into a fight just to see who can win.
[10:29.320 --> 10:34.400]  I'm going to go into a fight knowing that I've already made the best laid plans to walk
[10:34.400 --> 10:38.840]  away the victor.
[10:38.840 --> 10:44.400]  You've got to take the initiative and learn to do the same.
[10:44.400 --> 10:50.200]  I've got lots of people that are showing up new faces that come to class that have immediate
[10:50.200 --> 10:51.520]  problems.
[10:51.520 --> 10:58.080]  They want to fight the immediate problems, but they don't have a clue how to do that.
[10:58.080 --> 11:04.880]  So again, we've got somebody who voluntarily stepped into the ring with a world champion
[11:04.880 --> 11:15.440]  and wants to go several rounds, but doesn't have an ounce of clue about how to do it.
[11:15.440 --> 11:20.520]  That is exactly where bad case law has come from.
[11:20.520 --> 11:25.800]  That's exactly where bad precedent becomes an issue to overcome.
[11:25.800 --> 11:31.640]  This is exactly where these public servants that everyone has to contend with have gotten
[11:31.640 --> 11:34.400]  so arrogant.
[11:34.400 --> 11:42.840]  They've gotten arrogant because the people they've been fighting didn't know how to fight.
[11:42.840 --> 11:49.720]  And they tried stupid tactics that got them pummeled and walked out of the ring complaining
[11:49.720 --> 11:56.240]  about the black eye, the bloody nose, the fat lip, and the other bruises and contusions
[11:56.240 --> 11:59.440]  they suffered in the fight.
[11:59.440 --> 12:03.120]  While the champion stands there and just grins from ear to ear, thinking, well, that was
[12:03.120 --> 12:09.000]  extremely easy, and it was.
[12:09.000 --> 12:18.800]  We can no longer afford to give the powers of darkness the appearance that we are ignorant
[12:18.800 --> 12:28.560]  and powerless to fight back, that we don't know what we're doing.
[12:28.560 --> 12:32.600]  It doesn't matter on what front you're choosing to fight, either.
[12:32.600 --> 12:37.560]  Doesn't matter if it's the transportation issue, doesn't matter if it's legal reform
[12:37.560 --> 12:46.920]  of some other kind, doesn't matter if it's parking downtown Austin, doesn't matter.
[12:46.920 --> 12:54.560]  Everything has a set of rules that somebody is supposed to follow.
[12:54.560 --> 12:56.960]  Figure out what they are.
[12:56.960 --> 13:07.400]  Then, when those rules are broken, you know exactly who to go after and how.
[13:07.400 --> 13:12.480]  Because you know what the rules say they have to do or are supposed to do, all you gotta
[13:12.480 --> 13:20.040]  figure out now is, is what they're supposed to do obligatory or otherwise mandatory upon
[13:20.040 --> 13:26.040]  them, or is it discretionary, meaning it's an option, but it's not necessarily the only
[13:26.040 --> 13:28.200]  option.
[13:28.200 --> 13:34.320]  You have to learn the nuances of the rules as well as the text.
[13:34.320 --> 13:39.560]  If the rule is, is read to mean this, how does it affect its interaction with all the
[13:39.560 --> 13:41.440]  other rules?
[13:41.440 --> 13:46.240]  See that right there is one of the biggest problems we have with court interpretation
[13:46.240 --> 13:47.920]  in case law.
[13:47.920 --> 13:56.280]  They take one statute and they say it means this and they never, ever consider the other
[13:56.280 --> 14:02.560]  statutes that they adversely affect with that interpretation, or even if that interpretation
[14:02.560 --> 14:09.040]  just completely goes against every point of logic that's in the other statutes, or most
[14:09.040 --> 14:13.720]  especially in the Constitution itself.
[14:13.720 --> 14:20.320]  The courts themselves have gotten arrogant on their own power to determine the meaning
[14:20.320 --> 14:24.880]  of law.
[14:24.880 --> 14:27.560]  It's time to wake them up.
[14:27.560 --> 14:33.880]  It's time to offer them a different point of view other than their own.
[14:33.880 --> 14:40.120]  It is time to take all the points they refuse to look at and all the arguments they refuse
[14:40.120 --> 14:50.720]  to make and put them together and make a giant club out of it and beat them bloody with it.
[14:50.720 --> 14:55.320]  That folks is what I do in the seminar material documents.
[14:55.320 --> 15:02.640]  I take every statute that's for the legal terminology in paramateria, which basically
[15:02.640 --> 15:13.040]  simply means dealing with the same subject matter or actions or activity, whatever.
[15:13.040 --> 15:21.080]  I take every single one of the statutes that's in paramateria to that subject and I go through
[15:21.080 --> 15:28.760]  the argument of, well, if you argue A this way, here's how it misconstrues B. If you
[15:28.760 --> 15:35.480]  argue A that way, here's how it complies with the provisions of B. And then when you take
[15:35.480 --> 15:41.720]  that construction and you put it in with the provisions of C, everything is nice and copacetic
[15:41.720 --> 15:47.720]  and harmonized, whereas the way you originally wanted to interpret throws the entire thing
[15:47.720 --> 15:49.040]  into chaos.
[15:49.040 --> 15:52.080]  Nothing works with anything.
[15:52.080 --> 15:56.320]  And believe me folks, I've read enough case law from these appellate courts and the Texas
[15:56.320 --> 16:03.880]  Court of Criminal Appeals to know full well some of these people are a whole lot of bricks
[16:03.880 --> 16:12.200]  shy of a full load because they want the thing to be what they want it to be regardless of
[16:12.200 --> 16:13.200]  how it is.
[16:13.200 --> 16:20.840]  All right, this is rule of law radio, calling number is 512-646-1984.
[16:20.840 --> 16:21.840]  We are going to take a break.
[16:21.840 --> 16:22.840]  We'll be right back.
[16:22.840 --> 16:23.840]  Give us a call.
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[16:29.480 --> 16:34.320]  families and friends in protecting their assets, and we would like to do the same for you.
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[17:18.040 --> 17:24.720]  Visit us at CapitalCornandBullion.com or call 512-646-6440.
[17:24.720 --> 17:30.040]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:48.960 --> 17:50.960]  How to answer letters and phone calls?
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[18:05.480 --> 18:11.040]  For more information, please visit ruleablawradio.com and click on the blue Michael Mearris banner
[18:11.040 --> 18:13.960]  or email MichaelMearris at yahoo.com.
[18:13.960 --> 18:21.720]  That's ruleablawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:21.720 --> 18:37.720]  To learn how to stop debt collectors next, look what you got, and read me out for Christian.
[18:37.720 --> 18:52.360]  Hi folks, we are back to ruleablaw radio.
[18:52.360 --> 18:58.960]  Again, the calling number is 512-646-1984.
[18:58.960 --> 19:04.520]  While we're on the subject of the show here for a moment, if you're new or you are an
[19:04.520 --> 19:11.920]  old member and you want to continue on, please remember to go over to the LogosRadioNetwork.com
[19:11.920 --> 19:15.240]  and sign up on the new website.
[19:15.240 --> 19:18.160]  We are still working to get some features implemented there.
[19:18.160 --> 19:24.840]  We've got a nice working model up right now, but there's going to be so much more we're
[19:24.840 --> 19:32.440]  going to do with this site to allow us to be able to interface together, network together.
[19:32.440 --> 19:37.600]  All the information, people are worried about the collection of personal information.
[19:37.600 --> 19:44.440]  Just as an FYI, that information is not used by us for any purpose outside of just knowing
[19:44.440 --> 19:51.760]  who the members are so that we can keep track of anybody trying to infiltrate and wind up
[19:51.760 --> 19:57.000]  being just a troublemaker for the website and for us in general.
[19:57.000 --> 20:02.200]  The other thing and benefit of it is, is that when you need to network with people in your
[20:02.200 --> 20:08.200]  area for whatever purpose, you need court watchers, you need legal help, you need to
[20:08.200 --> 20:14.600]  start a study group or a work group or some kind of group, this will allow you to go in
[20:14.600 --> 20:18.520]  and network with people directly in your area.
[20:18.520 --> 20:23.560]  You'll be able to go and look and see exactly how many members of the website are local
[20:23.560 --> 20:25.200]  to you.
[20:25.200 --> 20:31.480]  This is going to be a big capability when we start working together to draw out the
[20:31.480 --> 20:34.480]  illegality of the court system.
[20:34.480 --> 20:40.280]  Now while we're on that subject specifically of the illegality of the court system, there's
[20:40.280 --> 20:45.920]  something else I went over in class yesterday that I want to bring up to the callers out
[20:45.920 --> 20:51.320]  there and I want you to listen carefully to how this situation is set up and especially
[20:51.320 --> 20:57.840]  if there's a lawyer or a law professor out there because I would be real interested
[20:57.840 --> 21:06.000]  in hearing how you guys can do what you do and not see the illegality of what these lower
[21:06.000 --> 21:15.240]  courts are doing and how the system is set up completely against due process and constitutional
[21:15.240 --> 21:17.040]  requirements.
[21:17.040 --> 21:24.880]  Now every court will tell you that in order to come in and to have any standing to make
[21:24.880 --> 21:34.000]  it complaint that you must have suffered some form of injury and it must be a provable
[21:34.000 --> 21:38.280]  harm, okay?
[21:38.280 --> 21:42.040]  Not so in the cases of traffic tickets and things like that.
[21:42.040 --> 21:43.560]  Nobody has to get hurt.
[21:43.560 --> 21:47.360]  They call these strict liability statutes.
[21:47.360 --> 21:54.400]  Just because someone wrote down words that says this is wrong, if you don't go and comply
[21:54.400 --> 21:59.680]  100% with the words, then you commit a crime.
[21:59.680 --> 22:05.480]  There is no corpus delectae, a harmed body, okay?
[22:05.480 --> 22:09.960]  Nobody suffered a harm, but the state wants to claim it's got one.
[22:09.960 --> 22:13.040]  That's problem number one.
[22:13.040 --> 22:19.560]  Problem number two, jurisdiction of the court itself to do anything.
[22:19.560 --> 22:26.200]  Article five, section 12B, Texas Constitution, specifies there are only two instruments in
[22:26.200 --> 22:31.160]  Texas law that invest the court with jurisdiction of the cause.
[22:31.160 --> 22:36.240]  Those instruments are an indictment or an information.
[22:36.240 --> 22:44.680]  Now that indictment or information can only be signed, the indictment by the grand jury
[22:44.680 --> 22:50.920]  foreman and the information by an attorney for the state.
[22:50.920 --> 22:59.640]  And by law, that attorney for the state is specifically a county or district attorney.
[22:59.640 --> 23:06.080]  Texas Constitution, article five, section 21, specifically invest the prosecutorial
[23:06.080 --> 23:17.440]  power of the state into two public offices, county and district attorney, and specifically
[23:17.440 --> 23:28.880]  names those offices with that power to act as attorney for the state, okay?
[23:28.880 --> 23:33.080]  That does not include a city attorney in any way, shape or form.
[23:33.080 --> 23:36.360]  That's problem number two.
[23:36.360 --> 23:44.080]  Problem number three, the court acting without jurisdiction to do anything.
[23:44.080 --> 23:50.520]  The court itself, the complaint cannot invest the court with jurisdiction because the complaint
[23:50.520 --> 23:56.640]  is neither an indictment nor an information according to article five, section 12B.
[23:56.640 --> 24:04.000]  Or is it signed by an attorney for the state and submitted to a proper magistrate or grand
[24:04.000 --> 24:05.000]  jury?
[24:05.000 --> 24:06.000]  Okay?
[24:06.000 --> 24:07.600]  It isn't.
[24:07.600 --> 24:12.760]  It's not signed by an attorney for the state because the city attorney can't be an attorney
[24:12.760 --> 24:15.120]  for the state.
[24:15.120 --> 24:20.840]  Even an attorney pro temp cannot be a city attorney.
[24:20.840 --> 24:29.200]  Go in and just tear apart 2.07 code of criminal procedure and I can prove to you 100% according
[24:29.200 --> 24:35.320]  to Texas Constitution and other statutes that a city attorney cannot walk anywhere near
[24:35.320 --> 24:39.960]  the light of attorney for the state.
[24:39.960 --> 24:43.240]  Can't do it.
[24:43.240 --> 24:56.080]  Now the police officer issues to anybody a citation that has a promise to appear on it
[24:56.080 --> 24:58.360]  and you sign it.
[24:58.360 --> 25:07.200]  Now according to 543.009 Texas Transportation Code, if the individual that signs a promise
[25:07.200 --> 25:16.960]  to appear fails to appear, then that individual commits a misdemeanor regardless of the disposition
[25:16.960 --> 25:21.240]  of the original cause on the citation.
[25:21.240 --> 25:23.760]  Now here's the problem.
[25:23.760 --> 25:25.400]  Misdemeanor's not defined there.
[25:25.400 --> 25:33.240]  Doesn't say what actual crime is committed by failing to appear on the notice or promise
[25:33.240 --> 25:34.240]  to appear.
[25:34.240 --> 25:35.240]  Okay?
[25:35.240 --> 25:36.800]  Doesn't specify it.
[25:36.800 --> 25:42.080]  It simply says a misdemeanor but doesn't say what misdemeanor.
[25:42.080 --> 25:47.720]  Well the courts have arbitrarily declared that that means failure to appear under 38.10
[25:47.720 --> 25:49.720]  penal code.
[25:49.720 --> 25:53.440]  Again slight problem.
[25:53.440 --> 26:01.040]  The first problem is that if this is a Class C fine only offense, then there's some other
[26:01.040 --> 26:06.640]  statutes that have to be taken into consideration here as to whether or not an arrestable offense
[26:06.640 --> 26:13.000]  has been committed and whether or not an actual failure to appear that authorizes the issuance
[26:13.000 --> 26:17.120]  of a warrant has actually occurred.
[26:17.120 --> 26:20.760]  And here's how it works.
[26:20.760 --> 26:26.240]  After you get the citation, you're going to appear in the court under one of two provisions
[26:26.240 --> 26:29.080]  of the Code of Criminal Procedure.
[26:29.080 --> 26:35.160]  Depending upon the level of the misdemeanor, you're either going to appear as an arrest
[26:35.160 --> 26:46.080]  without warrant under 1406B or C or you're going to an appear on an arrest with warrant
[26:46.080 --> 26:50.200]  under 1517G.
[26:50.200 --> 26:52.880]  Now here's where it gets interesting.
[26:52.880 --> 26:57.480]  Let's start with 1517G.
[26:57.480 --> 27:09.120]  In the language of 1517G it specifically mentions if a person makes an appearance in compliance
[27:09.120 --> 27:24.040]  with a notice to appear according to the provisions of 1406B or C of that Code of Criminal Procedure,
[27:24.040 --> 27:29.880]  then the magistrate shall perform the duties required of the magistrate in the entirety
[27:29.880 --> 27:34.920]  of 1517.
[27:34.920 --> 27:38.280]  Then it goes on to say something else.
[27:38.280 --> 27:51.400]  If a person fails to appear in accordance with the provisions of 1406C, which is A and
[27:51.400 --> 28:00.360]  B misdemeanors, not C misdemeanors, but only A and Bs, then the magistrate may issue a
[28:00.360 --> 28:04.120]  warrant for failure to appear.
[28:04.120 --> 28:14.720]  Right there by specific omission, a Class C misdemeanor is ruled out of the ability to
[28:14.720 --> 28:18.520]  issue a warrant for failure to appear.
[28:18.520 --> 28:21.520]  It's ruled out by omission.
[28:21.520 --> 28:27.480]  The statute authorizes the issuance of a warrant for the failure to appear on the citation
[28:27.480 --> 28:33.160]  if it's a misdemeanor, if it's a Class C.
[28:33.160 --> 28:40.920]  He can only issue the warrant if it's an A or B misdemeanor under 1406C.
[28:40.920 --> 28:48.760]  Now, there's another provision that backs up that specific interpretation.
[28:48.760 --> 28:54.400]  That is one of the ones the courts loves to use, but they use it illegally.
[28:54.400 --> 28:59.600]  That is Article 27.14D of the Code of Criminal Procedure.
[28:59.600 --> 29:03.600]  All right, I'll finish this up on the other side.
[29:03.600 --> 29:04.600]  Folks, please give us a call.
[29:04.600 --> 29:07.880]  When I get done, we're going to need somebody to talk to.
[29:07.880 --> 29:10.960]  That number is 512-646-1984.
[29:10.960 --> 29:15.840]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[29:15.840 --> 29:24.400]  We will be right back on the other side of this break.
[29:24.400 --> 29:29.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[29:29.800 --> 29:32.120]  The government says that fire brought it down.
[29:32.120 --> 29:36.840]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[29:36.840 --> 29:39.640]  Over 6,000 of my fellow service members have given their lives.
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[29:48.800 --> 29:51.400]  We're Americans, and we deserve the truth.
[29:51.400 --> 29:55.680]  Go to RememberBuilding7.org today.
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[30:53.800 --> 30:56.960]  if a company called Unique Solutions has its way.
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[31:13.400 --> 31:15.400]  Mall outside of Philadelphia.
[31:15.400 --> 31:18.160]  But I'm betting most customers will be camera shy.
[31:18.160 --> 31:19.880]  I'm Dr. Catherine Albrecht.
[31:19.880 --> 31:49.360]  More news and information at CatherineAlbrecht.com.
[31:49.880 --> 32:06.080]  All right, folks, we are back in Zellia, law radio.
[32:06.080 --> 32:10.720]  Call in number is 512-646-1984.
[32:10.720 --> 32:16.320]  We are talking about the ability to issue a warrant of arrest for failure to appear.
[32:16.320 --> 32:21.640]  The reason this is important is because this is an argument that would be worthwhile to
[32:21.640 --> 32:23.920]  follow through on.
[32:23.920 --> 32:32.640]  For those of you that didn't appear on an original citation for a Class C fine only,
[32:32.640 --> 32:38.760]  and they issued a warrant, because what I'm getting out of these statutes shows me conclusively
[32:38.760 --> 32:43.280]  that on the fine only offenses, they cannot issue the warrant.
[32:43.280 --> 32:51.240]  Now, what I was going to read to you is 27.14D, Code of Criminal Procedure, and show you exactly
[32:51.240 --> 32:59.840]  how it backs up what I asserted about 1517G, where it says that the magistrate is authorized
[32:59.840 --> 33:06.200]  to issue a warrant only for a failure to appear on a citation that was under the provisions
[33:06.200 --> 33:11.320]  of 1406C, which is only A and B misdemeanors.
[33:11.320 --> 33:17.360]  So, let me read you 27.14D.
[33:17.360 --> 33:24.400]  If written notice of an offense for which maximum possible punishment is by fine only,
[33:24.400 --> 33:26.600]  got that?
[33:26.600 --> 33:38.280]  Maximum possible punishment is fine only, or an amount accepted, or I'm sorry, or of
[33:38.280 --> 33:45.240]  a violation relating to the manner, time, and place of parking has been prepared, delivered,
[33:45.240 --> 33:51.480]  and filed with the court, and a legible duplicate copy has been given to the defendant, the
[33:51.480 --> 33:57.360]  written notice serves as a complaint to which the defendant may plead guilty, not guilty,
[33:57.360 --> 33:58.360]  or null contender.
[33:58.360 --> 34:02.000]  Now, I'm going to argue this for just a second.
[34:02.000 --> 34:08.960]  Here's what the legislature has tried to do under 27.14D with that declaration right there.
[34:08.960 --> 34:13.920]  We know under Article 5, Section 12B, only an indictment or information invests the court
[34:13.920 --> 34:14.920]  with jurisdiction.
[34:14.920 --> 34:20.520]  A complaint alone does not vest the court with jurisdiction of anything.
[34:20.520 --> 34:22.400]  Nothing.
[34:22.400 --> 34:30.040]  The only thing the court can possibly do on complaint alone is an examining trial.
[34:30.040 --> 34:32.200]  That's it.
[34:32.200 --> 34:37.000]  Is there probable cause to go any further than this?
[34:37.000 --> 34:44.840]  That's the whole purpose of an examining trial, but they never do one, even though the law
[34:44.840 --> 34:52.400]  specifically requires them to do one, especially in the case of a warrantless arrest.
[34:52.400 --> 34:57.440]  They have to establish whether or not probable cause existed to even perform the warrantless
[34:57.440 --> 34:59.040]  arrest.
[34:59.040 --> 35:01.320]  They never do.
[35:01.320 --> 35:05.680]  They just presume you were guilty, the arrest was valid, and that was it.
[35:05.680 --> 35:11.420]  What happened until innocent until proven guilty at this stage?
[35:11.420 --> 35:16.760]  The other problem this presents is the legislature cannot ignore the requirements of the Texas
[35:16.760 --> 35:20.000]  Constitution.
[35:20.000 --> 35:28.520]  They cannot replace a charging instrument mandated by the Constitution with a citation.
[35:28.520 --> 35:32.960]  The citation is not sworn to by anybody for any purpose.
[35:32.960 --> 35:37.960]  How can it serve as a complaint?
[35:37.960 --> 35:43.720]  And even if it were signed and sworn to, it's still not an actual complaint because it does
[35:43.720 --> 35:52.040]  not meet the requirements of 45.019 code of criminal procedure.
[35:52.040 --> 35:57.760]  Then to top it off, it is also still not a charging instrument that is an information
[35:57.760 --> 36:03.320]  or indictment, and it does not comply with any of the requisites of those under chapter
[36:03.320 --> 36:07.200]  21 of the code of criminal procedure.
[36:07.200 --> 36:11.280]  So where does the legislature get off thinking it can do this?
[36:11.280 --> 36:15.640]  And even better, where do the courts get off thinking that they have the power to uphold
[36:15.640 --> 36:21.400]  this as even being remotely constitutional and legal?
[36:21.400 --> 36:24.560]  Because it absolutely is not.
[36:24.560 --> 36:29.280]  Now, let's go beyond this.
[36:29.280 --> 36:34.480]  If the defendant, now by the way, one of the favorite tricks of the court using this section
[36:34.480 --> 36:39.120]  is we don't need to complaint the citation serves as the complaint.
[36:39.120 --> 36:45.320]  Well, now let's read to show you exactly how the court is committing fraud against the
[36:45.320 --> 36:53.080]  accused and misrepresenting what the law is for the specific purpose of a malicious
[36:53.080 --> 36:55.440]  prosecution.
[36:55.440 --> 36:57.840]  Here's how it works.
[36:57.840 --> 37:05.800]  If the defendant pleads not guilty to the offense or fails to appear based on the written
[37:05.800 --> 37:14.080]  notice, notice that part, or fails to appear based on the written notice.
[37:14.080 --> 37:21.960]  A complaint shall be filed that conforms to the requirements of chapter 45 of this code,
[37:21.960 --> 37:25.840]  and that complaint serves as an original complaint.
[37:25.840 --> 37:31.960]  Now, right here, there's a whole slew of problems introduced right there.
[37:31.960 --> 37:37.800]  First off, how do you enter a plea to a non-existent complaint?
[37:37.800 --> 37:43.320]  You have no idea what that complaint's going to wind up saying regardless of the plea you
[37:43.320 --> 37:45.040]  entered.
[37:45.040 --> 37:49.040]  When they finish writing it, instead of being charged with a Class C fine, only they charge
[37:49.040 --> 37:50.080]  you with murder.
[37:50.080 --> 37:53.160]  You don't know what they're going to put in that complaint.
[37:53.160 --> 37:57.600]  How can you enter a plea to that?
[37:57.600 --> 38:02.960]  There's nothing giving the court jurisdiction to even take a plea.
[38:02.960 --> 38:07.000]  There's no indictment, there's no information, there is no jurisdiction.
[38:07.000 --> 38:10.840]  How can they take a plea?
[38:10.840 --> 38:16.880]  They can't even hold an official judicial setting to take a plea because a plea in these
[38:16.880 --> 38:24.960]  instant cases can only be had when a jury's impaneled.
[38:24.960 --> 38:29.640]  If you don't believe that, go read chapter 45 of the Code of Criminal Procedure.
[38:29.640 --> 38:38.960]  It says right there that the defendant shall enter a plea after the impaneling of the jury.
[38:38.960 --> 38:40.360]  Guess what?
[38:40.360 --> 38:42.920]  It ain't happened.
[38:42.920 --> 38:52.400]  Now, last but not least, here shall we uncover the fraud being perpetrated by the court.
[38:52.400 --> 38:59.440]  A defendant may waive the filing of a sworn complaint and elect that the prosecution
[38:59.440 --> 39:07.800]  proceed on the written notice of the charged defense if the defendant agrees in writing
[39:07.800 --> 39:11.200]  with the prosecution.
[39:11.200 --> 39:18.240]  Then the defendant signs the agreement and files it with the court.
[39:18.240 --> 39:20.840]  That hasn't happened either.
[39:20.840 --> 39:30.240]  So they can't use the citation as a complaint because the waiver has not been signed.
[39:30.240 --> 39:34.320]  Yet the court tells you, we're going to go ahead and proceed against you even though
[39:34.320 --> 39:40.360]  you haven't filed the required waiver, we're going to act as if you have and we're going
[39:40.360 --> 39:43.760]  to use the citation to proceed.
[39:43.760 --> 39:52.040]  Again, complete and total denial of the right of due process.
[39:52.040 --> 40:01.080]  Complete and total criminal activity by the court for acting without one iota of jurisdiction
[40:01.080 --> 40:04.280]  to do anything.
[40:04.280 --> 40:12.880]  The entire system at the municipal and justice levels are absolutely corrupt.
[40:12.880 --> 40:20.800]  They do nothing in accordance with the laws of Texas, nothing.
[40:20.800 --> 40:24.000]  They think they can do what they want.
[40:24.000 --> 40:30.120]  Again, folks, if you're going to fight this battle, these are the rules that they're using
[40:30.120 --> 40:36.080]  and you need to understand how they're misusing them.
[40:36.080 --> 40:39.600]  Have you ever heard that old joke?
[40:39.600 --> 40:47.880]  This guy goes into the army, he's indoctrinated in, he's put through boot camp, he gets to
[40:47.880 --> 40:55.160]  the actual war zone and his drill sergeant tells him or his platoon sergeant tells him,
[40:55.160 --> 40:57.120]  we don't have any weapons.
[40:57.120 --> 41:01.440]  There's a broomstick, whenever you encounter the enemy in the woods, point the broomstick
[41:01.440 --> 41:04.840]  at him and go bangity bang.
[41:04.840 --> 41:09.320]  So the soldier obediently runs off into the woods, fights the first half of the war, running
[41:09.320 --> 41:15.480]  around pointing his broomstick, going bangity bang, and then one day he sees this German
[41:15.480 --> 41:18.600]  coming through the woods right at him.
[41:18.600 --> 41:23.080]  He gets down, he's ready, he's got his broomstick and here comes the German, the German gets
[41:23.080 --> 41:31.200]  within 10 feet, guy jumps up, goes bangity bang, the German never slows down.
[41:31.200 --> 41:36.120]  German walks right up on top of him and just starts stomping him into the ground.
[41:36.120 --> 41:44.400]  Last thing the Dying GI hears as the German walks off is tankity tankity tank, okay?
[41:44.400 --> 41:50.920]  It's both of those are illusions, neither one of them is real, okay?
[41:50.920 --> 41:54.760]  That's exactly the problem with what's going on in these courts.
[41:54.760 --> 41:59.560]  Everything is an illusion, none of it's being done in accordance with law, therefore none
[41:59.560 --> 42:01.760]  of it is real.
[42:01.760 --> 42:04.320]  You need to understand that.
[42:04.320 --> 42:09.200]  Then when you understand that, you need to know the tools available to you to take that
[42:09.200 --> 42:21.760]  imaginary fictitious trial process and use it to bludgeon them into the ground.
[42:21.760 --> 42:25.600]  And that folks is what we're trying to teach you to do.
[42:25.600 --> 42:32.960]  That folks is why it would help you to help us by joining the new website and supporting
[42:32.960 --> 42:41.120]  this network, giving us what we need to stay where we are, to do what we do to help you
[42:41.120 --> 42:48.880]  learn what they're doing, otherwise you're going to be running around in the legal forest
[42:48.880 --> 42:55.920]  saying bangity bangity bang and getting nothing accomplished.
[42:55.920 --> 43:03.920]  We either, as Benjamin Franklin said, surely we will hang together or we will hang separately.
[43:03.920 --> 43:07.920]  Alright folks, we're coming up on another break.
[43:07.920 --> 43:09.440]  Barrett, I see you down on the board.
[43:09.440 --> 43:11.040]  We will take you on the other side.
[43:11.040 --> 43:13.800]  Call in number is 512-646-1984.
[43:13.800 --> 43:16.360]  Give us a call folks.
[43:16.360 --> 43:18.760]  I've only got one person up here.
[43:18.760 --> 43:19.760]  Now's the time.
[43:19.760 --> 43:22.760]  Get in line and let's get started for the evening.
[43:22.760 --> 43:23.760]  Right back.
[43:23.760 --> 43:28.240]  Are you the plaintiff or defendant in a lawsuit?
[43:28.240 --> 43:35.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course
[43:35.000 --> 43:38.800]  that will show you how in 24 hours, step by step.
[43:38.800 --> 43:42.800]  If you have a lawyer, know what your lawyer should be doing.
[43:42.800 --> 43:47.000]  If you don't have a lawyer, know what you should do for yourself.
[43:47.000 --> 43:51.880]  Thousands have won with our step by step course and now you can too.
[43:51.880 --> 43:58.400]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[43:58.400 --> 44:03.120]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[44:03.120 --> 44:07.440]  the principles and practices that control our American courts.
[44:07.440 --> 44:13.600]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:13.600 --> 44:16.200]  pro se tactics and much more.
[44:16.200 --> 44:25.800]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[44:25.800 --> 44:30.000]  The Oklahoma City Bombing, top 10 reasons to question the official story.
[44:30.000 --> 44:34.040]  Reason number one, John Doe number two and other accomplices.
[44:34.040 --> 44:37.680]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer
[44:37.680 --> 44:41.720]  Chuck report that he was accompanied by other perpetrators.
[44:41.720 --> 44:46.480]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer Chuck
[44:46.480 --> 44:49.320]  bomb to the Murra building and detonated it.
[44:49.320 --> 44:53.320]  The only witness the government produced to place McVeigh at the building that morning,
[44:53.320 --> 44:57.840]  Dana Bradley, who lost her children and one of her legs in the bombing, testified that
[44:57.840 --> 45:03.720]  she saw McVeigh with another man, the fable John Doe number two, exiting the writer truck.
[45:03.720 --> 45:07.320]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators
[45:07.320 --> 45:13.320]  the day of the bombing, no less than 226 witnesses placed him with other men in the
[45:13.320 --> 45:18.440]  days before the bombing, including when he rented the writer truck, and in some cases
[45:18.440 --> 45:20.800]  have positively identified the other perpetrators.
[45:20.800 --> 45:38.840]  For more information, please visit okcbombingtruth.com.
[45:38.840 --> 46:00.480]  Thank you very much.
[46:00.480 --> 46:16.480]  Alright folks, we are back. This is Blue Wall Radio. This is your host, Eddie Craig.
[46:16.480 --> 46:23.480]  Okay, now, we have Barrett in Idaho. Folks, again, calling number 512-646-1984.
[46:23.480 --> 46:26.480]  Barrett's the only caller I got, so give me a call.
[46:26.480 --> 46:32.480]  Alright Barrett, what can we do for you? Seems like you want to sue a judge.
[46:32.480 --> 46:37.480]  Well, yeah, of course. We got to fight back somehow.
[46:37.480 --> 46:48.480]  I went to trial and I told you guys before, and if I can't notify the jury of their individual rights,
[46:48.480 --> 46:56.480]  which means they have to know the punishments, they have to know everything pretty much.
[46:56.480 --> 47:03.480]  But if you're technically guilty of a certain law, and you are guilty of that law,
[47:03.480 --> 47:09.480]  you as a juror, anyone as a juror, it only takes one juror.
[47:09.480 --> 47:13.480]  The judge lies because I sat through a couple of trials before I went to mine.
[47:13.480 --> 47:21.480]  And I saw the sickness of the jury selection. I heard one attorney tell a judge,
[47:21.480 --> 47:28.480]  they didn't think anybody was around that could hear. And I heard this attorney say to the judge,
[47:28.480 --> 47:32.480]  this guy's a piece of shit. He wasn't talking about it.
[47:32.480 --> 47:35.480]  Whoa, whoa, whoa. You got to keep the language clean on the air, Barrett.
[47:35.480 --> 47:37.480]  Oh, that's right. That's right. This guy's a piece of junk.
[47:37.480 --> 47:41.480]  Okay, I think our call screener probably told you that already.
[47:41.480 --> 47:44.480]  Yeah, I didn't know that was...
[47:44.480 --> 47:47.480]  Okay, yeah. Our call screener should have told you to keep the language clean,
[47:47.480 --> 47:54.480]  but this is going out on AM and FM stations all over, and I don't have the technology to real-time beep somebody
[47:54.480 --> 47:59.480]  because that kind of technology costs about $8,000. You have to have a time delay,
[47:59.480 --> 48:04.480]  and somebody has to be constantly monitoring, and then before it goes out on the air,
[48:04.480 --> 48:07.480]  as it's replaying back 10 seconds later, someone has to go in and beep it,
[48:07.480 --> 48:12.480]  but I don't have that kind of money. I don't have that kind of staff, so people really need to keep the language clean, okay?
[48:12.480 --> 48:15.480]  Okay, thank you.
[48:15.480 --> 48:20.480]  Okay, let's try it again. Take it from that point without that. Okay.
[48:20.480 --> 48:23.480]  Yes, sir. Yes, sir.
[48:23.480 --> 48:30.480]  Anyway, I heard an attorney. He was actually my attorney, but he wasn't talking about me,
[48:30.480 --> 48:39.480]  and I heard him say to the judge, this guy's a piece of junk. He's a felon, all this, you know?
[48:39.480 --> 48:43.480]  And I'm thinking, this guy's a defense, and you can't...
[48:43.480 --> 48:49.480]  And I watched a jury selection, and the judge asked,
[48:49.480 --> 48:55.480]  do you have you or anyone in your family ever had any problems with law enforcement before?
[48:55.480 --> 49:04.480]  Have you been, you know, done bad in your mind? They always say, by law enforcement, if you say yes, you're gone.
[49:04.480 --> 49:11.480]  If you say yes to a family member that's been done bad by the judicial system or the justice system
[49:11.480 --> 49:17.480]  or whatever you want to call it, whatever this thing, this money-making machine is,
[49:17.480 --> 49:29.480]  why can't people who go all the way to trial say there is jury tampering because by not telling someone what they can do
[49:29.480 --> 49:36.480]  or what their rights are, how can they convict someone? That's my question.
[49:36.480 --> 49:40.480]  Well, technically, they could.
[49:40.480 --> 49:48.480]  The problem, however, comes into the process where you're trying to ensure neither party has an advantage.
[49:48.480 --> 49:52.480]  That's the goal here, to ensure neither party has an advantage.
[49:52.480 --> 50:00.480]  The problem is, is that this gets into a process of tampering with the jury anyway
[50:00.480 --> 50:05.480]  because they don't go with those that are qualified to be jurors.
[50:05.480 --> 50:11.480]  They go strictly with those that are going to give the opinion they think they want from the jury.
[50:11.480 --> 50:19.480]  And in a way, when you try to whittle a jury out to get only people that agree with you, that's jury tampering.
[50:19.480 --> 50:23.480]  And in most technical sense, that's jury tampering.
[50:23.480 --> 50:32.480]  What should be happening is, any of you convicted felons, any of you ever been convicted of theft,
[50:32.480 --> 50:37.480]  any of you out there related to anybody in this case,
[50:37.480 --> 50:41.480]  anybody out there related to any of the witnesses for either side,
[50:41.480 --> 50:46.480]  any of you related to any member of this court that's involved in this case,
[50:46.480 --> 50:49.480]  after that, it's over.
[50:49.480 --> 50:53.480]  That should be the end of what are.
[50:53.480 --> 51:00.480]  After that, everybody should have the same crapshoot as to what the jury will or won't do.
[51:00.480 --> 51:06.480]  At least then, nobody gets to set up there and ask questions engineered
[51:06.480 --> 51:14.480]  to expose the complete thought process of a jury member and see whether or not they're favorable to you.
[51:14.480 --> 51:18.480]  Now, granted, I can hear attorneys out there screaming bloody murder saying,
[51:18.480 --> 51:20.480]  no, it won't never work that way, blah, blah, blah.
[51:20.480 --> 51:24.480]  But the thing is, at least that's fair.
[51:24.480 --> 51:36.480]  At least everything the law says that must be given for the right to be fair and impartial has been dealt with.
[51:36.480 --> 51:42.480]  But if we really wanted to fix that, then we would have made it a constitutional mandate that says,
[51:42.480 --> 51:51.480]  the jury always has the right to judge the facts and the law of every case.
[51:51.480 --> 51:59.480]  You want to solve the jury tampering problem? That's the way to go right there.
[51:59.480 --> 52:09.480]  Now, as far as suing the judge, how did the judge harm you?
[52:09.480 --> 52:11.480]  Is he gone?
[52:11.480 --> 52:13.480]  Yes, he dropped off the board.
[52:13.480 --> 52:19.480]  Oh, okay. That's the main questionnaire is how did the judge harm you?
[52:19.480 --> 52:26.480]  If you can't produce the harm that is directly related to you, you have no suit.
[52:26.480 --> 52:35.480]  If what the judge did, according to other judges anyway, is directly related to his judicial functions,
[52:35.480 --> 52:42.480]  you can't sue him for that either, no matter how willful, malicious, or wanton his acts may be.
[52:42.480 --> 52:47.480]  Now, personally, I think that's just completely stupid.
[52:47.480 --> 52:56.480]  The judge willfully and maliciously acts against an accused or a plaintiff in the case.
[52:56.480 --> 53:02.480]  That's not fair and impartial. If it's not fair and impartial, it's not a just trial.
[53:02.480 --> 53:06.480]  If it's not a just trial, it's not a just decision.
[53:06.480 --> 53:15.480]  No matter whether it's rendered by the judge or the jury, the entire process becomes tainted.
[53:15.480 --> 53:26.480]  That reasoning is every bit as stupid as a judge saying they have immunity for committing those acts in the first place.
[53:26.480 --> 53:29.480]  That's just ludicrous.
[53:29.480 --> 53:41.480]  Nowhere in the entire Constitution of Texas or of the United States have I ever seen any verbiage declaring immunity for a public servant.
[53:41.480 --> 53:46.480]  None, not a zip.
[53:46.480 --> 53:59.480]  Now, the courts have reasonably asserted that as long as they're acting in the complete legal capacity of a duty and power assigned by that Constitution,
[53:59.480 --> 54:03.480]  then they can't be prosecuted, and I agree.
[54:03.480 --> 54:11.480]  If they are acting in compliance with a power granted them, then they can't be sued for doing that.
[54:11.480 --> 54:21.480]  The problem is, is when they use the cover of that power to do things the power was never intended to encompass,
[54:21.480 --> 54:29.480]  such as commit crimes, officially oppress the populace, so on and so forth.
[54:29.480 --> 54:39.480]  Those things were never meant to be used as protective coverings or shields for the acts of a public servant gone rogue.
[54:39.480 --> 54:47.480]  I don't care if it's a cop, a judge, a prosecutor, the mayor, I don't care.
[54:47.480 --> 55:00.480]  The moment you became a violator of the public trust and the duties you took on for that office, you're done.
[55:00.480 --> 55:03.480]  That's it, end of story.
[55:03.480 --> 55:10.480]  You're out of a job and you're in danger of being prosecuted and of being sued.
[55:10.480 --> 55:13.480]  That's exactly how it should work.
[55:13.480 --> 55:21.480]  Every public servant should walk into work being afraid for their job every single day.
[55:21.480 --> 55:32.480]  If you want to ensure they show up and make sure they do it right, make them afraid of losing their job every single day.
[55:32.480 --> 55:42.480]  Do it right or be gone, and if you're doing it wrong in such a capacity as to cause a harm, then you're using it to commit a crime.
[55:42.480 --> 55:46.480]  If you're committing a crime, you have no immunity.
[55:46.480 --> 55:53.480]  You have no protections whatsoever.
[55:53.480 --> 55:56.480]  It's that simple.
[55:56.480 --> 56:00.480]  Now, why does this not get changed by anybody?
[56:00.480 --> 56:11.480]  Because the public service will be the first ones to fill the heel and the back of their head from the public if that was the rule.
[56:11.480 --> 56:31.480]  But I guarantee you one thing, this public corruption nonsense that we see every single day infecting every county, city, state, federal level, agency, office, you name it, would be a thing of the past.
[56:31.480 --> 56:38.480]  It would have to be because these people couldn't stay in office long enough to get very far doing what they're doing.
[56:38.480 --> 56:44.480]  The moment a judge rendered an interpretation that violated the Constitution, he's a criminal.
[56:44.480 --> 56:54.480]  The moment a legislator tried to force a bill down the throats of the people that violated the Constitution, he's a criminal.
[56:54.480 --> 57:03.480]  The moment the governor signs a bill that violates the Constitution, he's a criminal.
[57:03.480 --> 57:11.480]  And folks, Perry was a criminal long before he ever could sign a bill.
[57:11.480 --> 57:14.480]  So was most of the ones that preceded him.
[57:14.480 --> 57:17.480]  And Richards, not any better.
[57:17.480 --> 57:19.480]  Okay?
[57:19.480 --> 57:21.480]  None of them.
[57:21.480 --> 57:28.480]  We haven't had an honest governor since Texas has had him.
[57:28.480 --> 57:35.480]  We're about to take another break before it is empty. Call in number is 512-646-1984.
[57:35.480 --> 57:37.480]  Come on, folks, we've got another hour left.
[57:37.480 --> 57:41.480]  I know it's the holidays, but somebody out there is listening and has got something to talk about.
[57:41.480 --> 57:43.480]  Give us a call.
[57:43.480 --> 57:46.480]  All right, this is Eddie Craig, Debra Stevens, Randy Kelton.
[57:46.480 --> 57:59.480]  We'll be right back on the other side of the break.
[58:16.480 --> 58:28.480]  Would you like to make more definite progress in your walk with God?
[58:28.480 --> 58:35.480]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[58:35.480 --> 58:40.480]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[58:40.480 --> 58:47.480]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[58:47.480 --> 58:52.480]  The free books are a three-volume set called Basic Elements of the Christian Life.
[58:52.480 --> 59:01.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:01.480 --> 59:14.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:14.480 --> 59:18.480]  That's 888-551-0102.
[59:18.480 --> 59:23.480]  Or visit us online at bfa.org.
[59:23.480 --> 59:28.480]  This news brief brought to you by the International News Network.
[59:28.480 --> 59:37.480]  Protesters took to the streets of Kazakhstan Monday against a police crackdown on anti-government demonstrations that has caused dozens of casualties.
[59:37.480 --> 59:47.480]  The clashes began Friday in Zanossian, where police opened fire on striking oil workers who've occupied a city square for six months, demanding better wages.
[59:47.480 --> 59:54.480]  Authorities said at least 14 protesters have been killed, but rights groups say the total could be several times higher.
[59:54.480 --> 01:00:05.480]  Residents of Wuhan, the besieged southern Chinese village that drove out authorities last week, vowed to continue protesting Sunday and settled in for a protracted standoff.
[01:00:05.480 --> 01:00:10.480]  Residents are outraged at official corruption and the sale of communal lands.
[01:00:10.480 --> 01:00:15.480]  Residents from other villages have donated rice and other supplies to sustain the rebellion.
[01:00:15.480 --> 01:00:25.480]  Israel's housing ministry published tenders Sunday for 1,028 homes to be built in the West Bank and in East Jerusalem.
[01:00:25.480 --> 01:00:35.480]  The newspaper Haaretz says it apparently marks another step by the Israeli government to punish Palestinians for their successful effort to join UNESCO in October.
[01:00:35.480 --> 01:00:45.480]  Egyptian security forces brutally suppressed protesters demanding an end to military rule for the fourth day Monday, raising the death toll to 12.
[01:00:45.480 --> 01:00:58.480]  The Supreme Council of the Armed Forces that took power in February following the ouster of Hosni Mubarak has denied it ordered the use of force against protesters and claimed a plot had been uncovered to burn down parliament.
[01:00:58.480 --> 01:01:12.480]  General Adel Emara said the large crowds in Tahrir Square are ready to implement the plan. Emara said the army does not use force against protesters, but admitted troops had beaten a veiled woman saying you have to look at the circumstances.
[01:01:12.480 --> 01:01:20.480]  YouTube footage of the incident showed a woman sprawled on the ground with helmeted troops towering over her. One is seen kicking her.
[01:01:20.480 --> 01:01:29.480]  Saturday marked the first anniversary of Tunisian street vendor Mohammed Bouaz's self-immolation triggering the Arab Spring.
[01:01:29.480 --> 01:01:43.480]  It was also the 24th birthday of Bradley Manning accused of the largest intelligence dump in US history, currently appearing in court, charged with aiding and abetting the enemy after exposing US war crimes in Iraq and Afghanistan.
[01:01:43.480 --> 01:01:50.480]  The Occupy Wall Street movement has been inspired by the revolutions in Tunisia and Egypt and considers Manning a hero.
[01:01:50.480 --> 01:02:01.480]  Occupy activists in New York Saturday attempted to reoccupy an empty lot owned by Trinity Church, the city's third largest real estate owner with 6 million square feet of property.
[01:02:01.480 --> 01:02:13.480]  Demining sanctuary, Occupy activists along with the purple-robed, retired Episcopal Bishop George Packard tore down the fence and occupied Trinity's disused lot in Lower Manhattan.
[01:02:13.480 --> 01:02:36.480]  Police arrested dozens of peaceful protesters.
[01:02:43.480 --> 01:02:53.480]  It's all according to the will of the Almighty.
[01:02:53.480 --> 01:03:16.480]  It's all according to the will of the Almighty.
[01:03:16.480 --> 01:03:31.480]  It's all according to the will of the Almighty.
[01:03:31.480 --> 01:03:47.480]  Among other things that we can cover right now is a lot of the other illegal acts that have been going on, not just in Texas but everywhere, but Texas of course being the ones with which I'm most familiar because this is where I spend most of my time doing my research and study.
[01:03:47.480 --> 01:04:10.480]  And so far, in case you folks don't remember, when the legislature was in session earlier this year, I actually went down and I had a meeting with the head counsel for the Speaker of the House here in the Texas legislature.
[01:04:10.480 --> 01:04:19.480]  His name is Jesse Ann Sarah and I took to him one of my white papers dealing with the state bar.
[01:04:19.480 --> 01:04:27.480]  And we played that conversation on the air for you folks one night and went over it in great detail.
[01:04:27.480 --> 01:04:37.480]  And he swore up and down that he was going to take the white paper on the illegality of the state bar to the state bar of all places and run everything in it by them.
[01:04:37.480 --> 01:04:44.480]  Now, it should not be any surprise to you, I haven't heard a peep out anybody about this.
[01:04:44.480 --> 01:04:58.480]  However, what I think I'm going to do is I'm going to take that same white paper and I am going to start a grassroots bonfire over on the Ellis County Observer website with that white paper.
[01:04:58.480 --> 01:05:14.480]  I want to see if I can get Joey to post it and get some of those airheads that call themselves law enforcement officers in that neck of the woods to go out and start posting arguments against it, which again will be completely uneducated, uninformed arguments.
[01:05:14.480 --> 01:05:18.480]  But of course we know that's the only kind these people make.
[01:05:18.480 --> 01:05:24.480]  It doesn't matter whether it's an officer or an attorney, a judge, it doesn't matter.
[01:05:24.480 --> 01:05:28.480]  They're going to argue that it's all okay.
[01:05:28.480 --> 01:05:30.480]  You and I know better.
[01:05:30.480 --> 01:05:31.480]  Okay.
[01:05:31.480 --> 01:05:41.480]  As Bert Reynolds said in the Bessellore House in Texas, gentlemen, I got me a pretty good BS detector and I can tell when somebody is peeing on my boots and telling me it's raining.
[01:05:41.480 --> 01:05:44.480]  Well, folks, that's where we're standing.
[01:05:44.480 --> 01:05:50.480]  Our public servants are peeing on our boots and trying to tell us it's just rain.
[01:05:50.480 --> 01:05:56.480]  I, for one, want to pick one of those boots up and place it somewhere where it will do the most good.
[01:05:56.480 --> 01:05:58.480]  And I'm inviting you to join me.
[01:05:58.480 --> 01:06:02.480]  But to do that, you need to know what to do.
[01:06:02.480 --> 01:06:04.480]  That's where we come in.
[01:06:04.480 --> 01:06:12.480]  So if you're a steady listener, then you're still failing in the fact that you haven't recruited other people to listen to.
[01:06:12.480 --> 01:06:16.480]  And if you've done that, then get them to start recruiting people as well.
[01:06:16.480 --> 01:06:21.480]  We need people educated and we need them in large numbers.
[01:06:21.480 --> 01:06:27.480]  Then after they get educated, we need them willing to do something.
[01:06:27.480 --> 01:06:37.480]  Nothing in the world has ever changed until someone stood up that was willing to do something.
[01:06:37.480 --> 01:06:42.480]  So, folks, it's time to put your actions where your mouth is.
[01:06:42.480 --> 01:06:43.480]  Wake up.
[01:06:43.480 --> 01:06:45.480]  Get busy.
[01:06:45.480 --> 01:06:48.480]  All right, we finally got some callers up on the board.
[01:06:48.480 --> 01:06:55.480]  We have Gray, Steven, somebody else I do believe is being checked right now, but I don't see their name, but they should be back.
[01:06:55.480 --> 01:06:57.480]  We're going to go ahead and go to Gray.
[01:06:57.480 --> 01:06:59.480]  Gray, what can I do for you?
[01:06:59.480 --> 01:07:01.480]  Gray just disappeared, so that was quick.
[01:07:01.480 --> 01:07:04.480]  All right, let's go to Steven in Texas.
[01:07:04.480 --> 01:07:07.480]  Steven, what can I do for you?
[01:07:07.480 --> 01:07:17.480]  Well, I was just going to mention real quick, I just got registered on the website and I appreciate the act of the service y'all are doing.
[01:07:17.480 --> 01:07:23.480]  I'm trying to figure out how to use what all in the world is on there and then learn what in the world ought to be.
[01:07:23.480 --> 01:07:36.480]  What I'm trying to figure out here, one thing I really wanted to mention is that there's just the fact that, you know, as you're going through all these codes,
[01:07:36.480 --> 01:07:45.480]  boy does it open my eyes now that I've got a copy, a hard copy here of the Texas traffic laws and criminal procedure from Lexis, Nexus.
[01:07:45.480 --> 01:07:52.480]  This is the most, and right here in black and white, I've been proving all kinds of people wrong on what they thought here in office.
[01:07:52.480 --> 01:07:54.480]  And it's just amazing.
[01:07:54.480 --> 01:08:01.480]  And now that today you got into the criminal procedure and I was enjoying the act of going through it and just starting to follow along.
[01:08:01.480 --> 01:08:03.480]  Where do these people get what they're going by?
[01:08:03.480 --> 01:08:06.480]  More than likely they didn't get it from anywhere.
[01:08:06.480 --> 01:08:08.480]  I'll tell you where they got it.
[01:08:08.480 --> 01:08:15.480]  They got it based upon case law from old versions of the statutes.
[01:08:15.480 --> 01:08:18.480]  That's the other problem with our courts.
[01:08:18.480 --> 01:08:23.480]  They go to opinion first and current law second.
[01:08:23.480 --> 01:08:27.480]  And that's not the way it's supposed to be done.
[01:08:27.480 --> 01:08:33.480]  The opinion that's based on law that's been repealed is a worthless opinion.
[01:08:33.480 --> 01:08:41.480]  But it's still floating around out there and it's still being used because no one has challenged to get it overturned.
[01:08:41.480 --> 01:08:50.480]  And if these idiots in the courts and at the appeals level and at the criminal appellate level had been reading the current revisions of the law,
[01:08:50.480 --> 01:08:54.480]  they'd already know the old case law is worthless.
[01:08:54.480 --> 01:08:56.480]  Perfect example.
[01:08:56.480 --> 01:09:02.480]  Criminal prosecutions in municipal and justice courts can proceed upon complaint alone.
[01:09:02.480 --> 01:09:10.480]  46.01 code of criminal procedure was repealed in 1999, guys.
[01:09:10.480 --> 01:09:15.480]  Your 1958 case law is dead.
[01:09:15.480 --> 01:09:21.480]  On top of that, that article violated the Texas Constitution from the get go.
[01:09:21.480 --> 01:09:27.480]  It was always wrong to say that they could proceed upon complaint alone.
[01:09:27.480 --> 01:09:30.480]  Always.
[01:09:30.480 --> 01:09:32.480]  I'm sorry, go ahead.
[01:09:32.480 --> 01:09:36.480]  No, that's what I'm looking for in our call.
[01:09:36.480 --> 01:09:42.480]  You're passionate about it and I fully understand why the last caller dropped a little bomb there.
[01:09:42.480 --> 01:09:47.480]  And you guess your call screener does tell people what, not to say that,
[01:09:47.480 --> 01:09:50.480]  but whether they get your blood boiling sometimes.
[01:09:50.480 --> 01:09:55.480]  And I've gone so far even to pull, well, I pulled online charter for the city I live in,
[01:09:55.480 --> 01:10:01.480]  city of Hillsborough, which is more than helped open my eyes and help other people around here.
[01:10:01.480 --> 01:10:03.480]  I'd ask you what city these live in.
[01:10:03.480 --> 01:10:07.480]  I'd say go pull their charter and see what they can actually do to learn what these people are doing.
[01:10:07.480 --> 01:10:12.480]  Right there in the first of it, it says it's for the citizens of Hillsborough.
[01:10:12.480 --> 01:10:15.480]  Well, when in the world did I sign up to be a citizen of Hillsborough?
[01:10:15.480 --> 01:10:21.480]  I thought I was a citizen of the U.S. or, you know, if you had dual, you know,
[01:10:21.480 --> 01:10:24.480]  a citizen of the state of Texas or something.
[01:10:24.480 --> 01:10:29.480]  When in the world did they recruit me to be a citizen of Hillsborough and start jurisdiction on me?
[01:10:29.480 --> 01:10:33.480]  You're thinking they had the authority on that.
[01:10:33.480 --> 01:10:38.480]  And you've gone through a previous discussion, as for like you said,
[01:10:38.480 --> 01:10:44.480]  apparently I volunteered for it and I can see why I can't volunteer myself right back out of it.
[01:10:44.480 --> 01:10:48.480]  Exactly. Now, while you're talking about those city charters and everything,
[01:10:48.480 --> 01:10:51.480]  there's another thing you need to be looking at.
[01:10:51.480 --> 01:10:56.480]  If the city folks for you that are listening and are in Texas,
[01:10:56.480 --> 01:11:01.480]  locate the municipal courts in your town.
[01:11:01.480 --> 01:11:06.480]  Find out whether or not those courts are operating as courts of record.
[01:11:06.480 --> 01:11:13.480]  If they are, you need to go read chapter 30 of the government code.
[01:11:13.480 --> 01:11:17.480]  It's fairly short as far as the actual rules go.
[01:11:17.480 --> 01:11:27.480]  And then see if your particular municipality is one of those listed in one of the numerous subchapters of that chapter.
[01:11:27.480 --> 01:11:32.480]  Because here's the problem for the city of Austin.
[01:11:32.480 --> 01:11:38.480]  Their municipal court is in complete violation of that act.
[01:11:38.480 --> 01:11:49.480]  Mandated in 1999 that particular things about courts of record had to be redone and reenacted.
[01:11:49.480 --> 01:11:52.480]  And the city of Austin did not do it.
[01:11:52.480 --> 01:11:57.480]  In fact, their current city ordinance, according to chapter 30 government code,
[01:11:57.480 --> 01:12:04.480]  a city can only have a court of record if they enacted that court of record through city ordinance.
[01:12:04.480 --> 01:12:10.480]  And it must specifically designate that court as a court of record.
[01:12:10.480 --> 01:12:17.480]  And when they do it, the title for that court must comply with chapter 30.
[01:12:17.480 --> 01:12:21.480]  Austin Municipal Court does none of this.
[01:12:21.480 --> 01:12:28.480]  The statute or the ordinance that created it as a court of record was created in 1984.
[01:12:28.480 --> 01:12:38.480]  Since then, that ordinance has been superseded by a new ordinance which only created the city of Austin Municipal Court.
[01:12:38.480 --> 01:12:45.480]  It does not say it creates the city of Austin Municipal Court of Record.
[01:12:45.480 --> 01:12:52.480]  Because if they had, it would have had to have had one of two specific names according to chapter 30.
[01:12:52.480 --> 01:12:58.480]  But they're operating it illegally as a court of record.
[01:12:58.480 --> 01:13:05.480]  So that's something everybody needs to be looking at in their city ordinances versus their municipal courts.
[01:13:05.480 --> 01:13:07.480]  Sorry, Stephen, go ahead.
[01:13:07.480 --> 01:13:08.480]  No, that's fine.
[01:13:08.480 --> 01:13:14.480]  So if they have, let's say they've only got one in any town, any of these little bitty towns.
[01:13:14.480 --> 01:13:22.480]  Okay, if they've only got one, then what the code in chapter 30 addresses that as is a unified municipal court.
[01:13:22.480 --> 01:13:29.480]  In which case it shall be the municipal court of record for the city of.
[01:13:29.480 --> 01:13:32.480]  It must have that title.
[01:13:32.480 --> 01:13:38.480]  If it does not have that title, it does not comply with chapter 30.
[01:13:38.480 --> 01:13:41.480]  What was that title again?
[01:13:41.480 --> 01:13:45.480]  The municipal court of record for the city of.
[01:13:45.480 --> 01:13:49.480]  And whatever the city name is.
[01:13:49.480 --> 01:13:51.480]  Now get this.
[01:13:51.480 --> 01:13:59.480]  A city only can and must create a court of record by ordinance.
[01:13:59.480 --> 01:14:05.480]  If it is incorporated, a municipality, I'm sorry, a municipality must.
[01:14:05.480 --> 01:14:15.480]  And the definition of municipality in chapter 30 is an incorporated city town or village.
[01:14:15.480 --> 01:14:24.480]  So unincorporated doesn't have to do this, but incorporated must.
[01:14:24.480 --> 01:14:34.480]  That's right in 30 point quad zero three of chapter 30 of the government code.
[01:14:34.480 --> 01:14:44.480]  Now what would open my eyes to the unincorporated and incorporated municipal jurisdictions as such before I ever started listening to y'all.
[01:14:44.480 --> 01:14:46.480]  Not too much before.
[01:14:46.480 --> 01:14:51.480]  It's amazing how these dominoes start to fall in the way things go.
[01:14:51.480 --> 01:14:55.480]  But I was driving through Ohio of all places on.
[01:14:55.480 --> 01:14:57.480]  I'm sorry, you were what in Ohio?
[01:14:57.480 --> 01:15:05.480]  I was traveling traveling to see family and up through Ohio and good call.
[01:15:05.480 --> 01:15:12.480]  And there instead of having city limit signs, which is what I've seen my entire life.
[01:15:12.480 --> 01:15:18.480]  I hadn't really ever been out of this state, which is sort of misleading to some.
[01:15:18.480 --> 01:15:25.480]  And as I'm really finding as I start to show this to other people, there they have corporate limit signs.
[01:15:25.480 --> 01:15:28.480]  I find that most of the northern states do.
[01:15:28.480 --> 01:15:31.480]  Most of the northern states say corporate limit.
[01:15:31.480 --> 01:15:38.480]  That right there hit me like a ton of bricks at about whatever time in the morning I was driving through and the wife and kids were asleep.
[01:15:38.480 --> 01:15:39.480]  I said corporate limits.
[01:15:39.480 --> 01:15:43.480]  What in the eighties is it what corporation bought this land?
[01:15:43.480 --> 01:15:44.480]  I don't get it.
[01:15:44.480 --> 01:15:52.480]  And then somewhere about then I started listening to y'all and you open my eyes to actually reading a constitution of the state.
[01:15:52.480 --> 01:15:57.480]  Right there, they give the ability for a municipal corporation to be chartered.
[01:15:57.480 --> 01:15:59.480]  Yeah.
[01:15:59.480 --> 01:16:01.480]  Okay, Stephen, you got more for us?
[01:16:01.480 --> 01:16:02.480]  Yes, sir.
[01:16:02.480 --> 01:16:03.480]  I'm sorry.
[01:16:03.480 --> 01:16:04.480]  I'll get to a good point here.
[01:16:04.480 --> 01:16:05.480]  No, that's okay.
[01:16:05.480 --> 01:16:06.480]  That's okay.
[01:16:06.480 --> 01:16:07.480]  Just hang on.
[01:16:07.480 --> 01:16:08.480]  We're about to take a break.
[01:16:08.480 --> 01:16:09.480]  I'll be right back to you when we get back.
[01:16:09.480 --> 01:16:10.480]  Yes, sir.
[01:16:10.480 --> 01:16:11.480]  All right, folks.
[01:16:11.480 --> 01:16:12.480]  This is rule of law radio.
[01:16:12.480 --> 01:16:14.480]  Calling number is 512-646-1984.
[01:16:14.480 --> 01:16:16.480]  John, Terry, I see you there.
[01:16:16.480 --> 01:16:19.480]  We still have about 45 minutes left in the show, folks.
[01:16:19.480 --> 01:16:20.480]  So give us a call.
[01:16:20.480 --> 01:16:21.480]  This is Eddie Craig.
[01:16:21.480 --> 01:16:22.480]  We'll be right back.
[01:16:51.480 --> 01:16:57.480]  We're holding against every tax increase, every unbalanced budget, every time.
[01:16:57.480 --> 01:17:06.480]  Standing up to the Washington Machine, guided by principal Ron Paul, the one who will stop the spending.
[01:17:06.480 --> 01:17:14.480]  Save the dollar, create jobs, bring peace, the one who will restore liberty.
[01:17:14.480 --> 01:17:20.480]  Ron Paul, the one who can beat Obama and restore America now.
[01:17:20.480 --> 01:17:23.480]  I'm Ron Paul, and I approve this message.
[01:17:51.480 --> 01:17:52.480]  Thank you.
[01:17:52.480 --> 01:18:21.480]  Thank you.
[01:18:22.480 --> 01:18:23.480]  All right, folks.
[01:18:23.480 --> 01:18:24.480]  We are back.
[01:18:24.480 --> 01:18:25.480]  This is rule of law radio.
[01:18:25.480 --> 01:18:26.480]  We'll pick up another caller, Matt Texas.
[01:18:26.480 --> 01:18:43.480]  Matt, if you hang on, I'm gonna try to get it out of there.
[01:18:43.480 --> 01:18:49.480]  Alright folks, we are back, this is the rule of law radio, we'll pick up another caller,
[01:18:49.480 --> 01:18:53.480]  Matt Texas, Matt if you hang on, I'm gonna try to get to you guys.
[01:18:53.480 --> 01:18:55.480]  Right now I'm gonna go ahead and finish up with Stephen.
[01:18:55.480 --> 01:18:58.480]  Alright Stephen, let's get this wrapped up.
[01:18:58.480 --> 01:19:06.480]  Yes sir, let me just ask you real quick then, and it's not involving traffic at this point,
[01:19:06.480 --> 01:19:11.480]  and I wanted to ask you, is it alright to ask you a question on private property for a second?
[01:19:11.480 --> 01:19:12.480]  Sure.
[01:19:12.480 --> 01:19:23.480]  I've had my property paid off for about three years now, and I've been apparently volunteering to pay a tax to our district, whatever they are,
[01:19:23.480 --> 01:19:35.480]  and I want to know, is it too late now that I've got the bills around here due in January for taxes assessed?
[01:19:35.480 --> 01:19:41.480]  Wait a minute, here's the problem, okay, with taxes assessed.
[01:19:41.480 --> 01:19:50.480]  Who came out and did the on-site inspection of the property and all buildings on said property, including their interior, to make the assessment?
[01:19:50.480 --> 01:19:52.480]  Good question.
[01:19:52.480 --> 01:20:01.480]  I think here's where I was going with it is, can I start asking this, what do they call it, appraisal district, there you go.
[01:20:01.480 --> 01:20:08.480]  Can I ask the guy who's in charge of the appraisal district, what gave him the authority to, well I know where kind of they could go,
[01:20:08.480 --> 01:20:11.480]  well it's on the county's record.
[01:20:11.480 --> 01:20:27.480]  No, tell him I want to see the signed appraisal of the individual that paid the personal visit to my property in order to make said appraisal.
[01:20:27.480 --> 01:20:30.480]  Where is that signed appraisal?
[01:20:30.480 --> 01:20:34.480]  You wouldn't be suggesting that nobody actually did it, would you?
[01:20:34.480 --> 01:20:41.480]  That's absolutely what I'm suggesting, and I'm absolutely suggesting Texas law says that is mandatory.
[01:20:41.480 --> 01:20:43.480]  That would be great.
[01:20:43.480 --> 01:20:54.480]  I was looking for something to start stopping this process pretty dang quick, because I love to start sending you all money for what you all have opened my eyes for.
[01:20:54.480 --> 01:21:02.480]  I sent you a little, not much, I'm sorry, but I'm so tied up in things that nobody should ever have the right to charge me.
[01:21:02.480 --> 01:21:05.480]  That's what I'm learning from the Michael Muir stuff.
[01:21:05.480 --> 01:21:16.480]  If as soon as I can get out from under some of this garbage, which I plan to start, which I am starting to find, that I'd be more than happy to start.
[01:21:16.480 --> 01:21:18.480]  Great, we could use it.
[01:21:18.480 --> 01:21:20.480]  We appreciate what you've given so far.
[01:21:20.480 --> 01:21:28.480]  We don't expect people to give until it hurts, but I mean what you can give is what you can give, and everybody knows that.
[01:21:28.480 --> 01:21:33.480]  Folks, when we save you $1,000, can't you throw 100 of it our way?
[01:21:33.480 --> 01:21:38.480]  That's fully understood.
[01:21:38.480 --> 01:21:52.480]  Now that I know that I'm not personal property, either tangible or intangible, as I've now read the definition of, and see that the Constitution only allows that that can be taxed, I fully plan on going that direction, sir.
[01:21:52.480 --> 01:21:59.480]  Yeah, didn't you see the language that says, except for said property specifically exempted under the Constitution of this state?
[01:21:59.480 --> 01:22:10.480]  No, I guess I've been assumed to be personal property, and I didn't know that I was being assumed to.
[01:22:10.480 --> 01:22:11.480]  Well, you are.
[01:22:11.480 --> 01:22:14.480]  I will forfeit the line for other callers.
[01:22:14.480 --> 01:22:15.480]  I appreciate your time.
[01:22:15.480 --> 01:22:16.480]  Thank you.
[01:22:16.480 --> 01:22:18.480]  Yes, sir, no problem.
[01:22:18.480 --> 01:22:19.480]  Bye-bye.
[01:22:19.480 --> 01:22:22.480]  Now we're going to go to John in Texas.
[01:22:22.480 --> 01:22:24.480]  John, what can we do for you?
[01:22:24.480 --> 01:22:25.480]  Hi, Eddie.
[01:22:25.480 --> 01:22:26.480]  Eddie.
[01:22:26.480 --> 01:22:31.480]  Yeah, I don't know where to begin.
[01:22:31.480 --> 01:22:34.480]  There's just so much on my mind.
[01:22:34.480 --> 01:22:35.480]  Okay.
[01:22:35.480 --> 01:22:38.480]  In that case, I don't know where to begin, either.
[01:22:38.480 --> 01:22:47.480]  I know, because you're very logical, and I really appreciate how you help people put stuff together so logically.
[01:22:47.480 --> 01:22:50.480]  Well, thank you. Comes from being a programmer for many, many years.
[01:22:50.480 --> 01:22:52.480]  Logic is a necessity.
[01:22:52.480 --> 01:22:56.480]  That must be where it comes from.
[01:22:56.480 --> 01:23:08.480]  Over the break heart, you know, and I saw last night in the news, I think it's in Egypt or somewhere, they're kicking somebody in the head, a lady that was protesting.
[01:23:08.480 --> 01:23:09.480]  Right.
[01:23:09.480 --> 01:23:26.480]  And, you know, I just think that's an important point. I know we're talking about law and legal stuff, but I think with the iPhones and they put it on somehow, they got it on the Internet so the whole world can see that kind of stuff.
[01:23:26.480 --> 01:23:41.480]  This is, if it doesn't fit, people off, you know, I don't know what will until it's too late.
[01:23:41.480 --> 01:23:53.480]  Well, the problem is, as you put it, PO'd has two reactions, scared and into hiding, upset and doing something stupid alone, neither of which will work.
[01:23:53.480 --> 01:24:06.480]  Right. And I love how you started the program about, because I've been learning the law, you know, over the years, and it's not easy to just, you can't just get it right away.
[01:24:06.480 --> 01:24:18.480]  You have to, you have to research, not, you have to do research, but you have to understand and sometimes it takes a long time to really understand what's going on.
[01:24:18.480 --> 01:24:24.480]  And when you understand your rights, like the previous caller, I wanted to let him know.
[01:24:24.480 --> 01:24:37.480]  First, you have to know where you're born. You have to figure out who you are. Like, I was born in Austin, so I know I'm a native of Austin.
[01:24:37.480 --> 01:24:52.480]  And to be able to defend yourself, you have to finally, you have to first know where you came from and where you were born. And I think that's a probably important little part of our puzzle.
[01:24:52.480 --> 01:24:54.480]  Okay, agreed.
[01:24:54.480 --> 01:25:01.480]  Well, thank you.
[01:25:01.480 --> 01:25:23.480]  I think with, and also the news media is really, the law, we really must know, learn the law so we can start doing people and doing the grand jury, whatever we need to do to get our attention heard, to get what our cracks are about.
[01:25:23.480 --> 01:25:39.480]  And, you know, several people have said that protesting all that stuff really does nothing. The law is where the courts are there for us to get justice.
[01:25:39.480 --> 01:25:46.480]  And we need to start using them and learning the laws and y'all are exactly right and y'all taught me that. So I thank y'all for that.
[01:25:46.480 --> 01:25:49.480]  All right. Anything else?
[01:25:49.480 --> 01:25:53.480]  Well, that's it. I want to let somebody else get on.
[01:25:53.480 --> 01:25:55.480]  Okay, John, thanks for calling in. Appreciate it.
[01:25:55.480 --> 01:25:56.480]  Thanks for listening.
[01:25:56.480 --> 01:25:57.480]  Yes, sir.
[01:25:57.480 --> 01:25:58.480]  Bye-bye.
[01:25:58.480 --> 01:26:09.480]  All right, now we're going to go to Terry in Michigan. Terry, whoa, sorry, no Terry, he just disappeared off the line. Let's go to Matt in Texas on all over. Here we go.
[01:26:09.480 --> 01:26:11.480]  There we go.
[01:26:11.480 --> 01:26:13.480]  All right, now let's try this again.
[01:26:13.480 --> 01:26:22.480]  All right, Terry, sorry, my web page here for the caller board is jumping around and acting nuts. Go ahead. What can I do for you?
[01:26:22.480 --> 01:26:29.480]  Yeah, I don't know if you had heard Alex's show about a week and a half ago, the Austin Police Chief was on.
[01:26:29.480 --> 01:26:33.480]  No, I didn't hear the show. I heard about it, but I didn't get to hear the show.
[01:26:33.480 --> 01:26:43.480]  Well, he said something interesting. Alex was asking about the checkpoints on the highway and stuff like that.
[01:26:43.480 --> 01:26:51.480]  And he had said that, well, you know, some of the checkpoints may not be legal, but the sobriety checkpoints are legal.
[01:26:51.480 --> 01:27:00.480]  And he said that the reason that they're legal is because when you get your driver's license, you sign for it. When you do, you agree to that.
[01:27:00.480 --> 01:27:07.480]  So he admitted that you're signing a contract with the license to let them do stuff that they normally can't do.
[01:27:07.480 --> 01:27:15.480]  Well, they're telling you that you're signing a waiver. However, the problem is you're not getting full disclosure of the conditions of that waiver.
[01:27:15.480 --> 01:27:22.480]  Therefore, any reasonable court of law would have to say that waiver is invalid.
[01:27:22.480 --> 01:27:32.480]  You can't tell someone that in order to act under a privilege that they have to write. That is null and void on its face.
[01:27:32.480 --> 01:27:47.480]  Acevedo is a certified idiot. Any law enforcement officer that is actually working for the good of the people would know better than to make such a stupid statement.
[01:27:47.480 --> 01:27:59.480]  It is blatantly stupid. You cannot be compelled to waive a right in order to execute a privilege.
[01:27:59.480 --> 01:28:07.480]  Period. You cannot be compelled to waive one right in order to exercise another.
[01:28:07.480 --> 01:28:19.480]  Yes, that's what Acevedo is saying you did. That's just another thing that proves he shouldn't be wearing a badge and most especially shouldn't be allowed anywhere near a loaded gun.
[01:28:19.480 --> 01:28:45.480]  Well, I wanted to make you aware that he had said that. But the other thing that I wanted to know about is I know in the past you've said that in order to exercise your right to travel, that you'd have to send in letters to rescind and revoke the license that they've issued you.
[01:28:45.480 --> 01:28:57.480]  And what I'm wondering about is I had my license with people five years ago and I was eligible to get it back in 2008 but I haven't run anything so far.
[01:28:57.480 --> 01:29:00.480]  I can't wait to act.
[01:29:00.480 --> 01:29:08.480]  Okay, hang on Terry we'll get you on the other side of the break. Matt, Steve, we see you there on the board. We've got about a half an hour left in the show folks.
[01:29:08.480 --> 01:29:15.480]  This is Eddie Craig, David Stevens, Randy Kelton, Rule of Law Radio. We will be right back on the other side of this break.
[01:29:38.480 --> 01:29:46.480]  Recently the government has claimed that all of the cameras that were in different buildings and maintained by different businesses were all having their tapes changed at the exact same time, 9.02 a.m.
[01:29:46.480 --> 01:30:11.480]  This is insulting to the memory of those who perish in the bombing. What is being hidden from us? For more information please go to okcbombingtruth.com.
[01:30:11.480 --> 01:30:21.480]  Privacy is under attack. When you give up data about yourself you'll never get it back again and once your privacy is gone you'll find your freedoms will start to vanish too.
[01:30:21.480 --> 01:30:29.480]  So protect your rights, say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:29.480 --> 01:30:40.480]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[01:30:40.480 --> 01:30:45.480]  If you mail in a product registration card you're more likely to get junk mail than helpful services.
[01:30:45.480 --> 01:30:52.480]  Product registration cards are more about gathering marketing information than providing warranty services. Think about it.
[01:30:52.480 --> 01:30:59.480]  Why would a company need to know your annual income or how many people are in your household in order to fix your oven or replace your coffee maker?
[01:30:59.480 --> 01:31:15.480]  If givensofprivacyrights.org says consumers generally only need to hold on to their receipts to prove their warranty rights. She recommends tossing registration cards or only submitting essential information in case you might want to be alerted to a recall for items like baby products.
[01:31:15.480 --> 01:31:30.480]  Here's your Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:45.480 --> 01:32:13.480]  Alright folks, we are back. This is Rule of Law Radio. Right now we are talking to Terry in Michigan. Alright Terry, you were saying something about your license was taken away and you were able to get it back in 2008 but you have not done so.
[01:32:13.480 --> 01:32:28.480]  It's great because they make a lot of hoops for you to jump through and it's going to cost the great around $3,500 per lawyer and all the fees and everything else and there's no guarantee that I can get it back.
[01:32:28.480 --> 01:32:48.480]  And what I was wondering is, I was thinking if they turned me down, I'm concerned if it's going to put me in a different category of being eligible anymore or anything and I'm wondering if it would be a good idea to still send in the letters to rescind and revolt before I go in to try and get it back.
[01:32:48.480 --> 01:33:05.480]  Now I realize that it's a right to travel and everything but it's kind of like you know what Randy and Jeff are saying. The argument is not right to travel. It has never been right to travel.
[01:33:05.480 --> 01:33:26.480]  You have that right most assuredly but that is not the argument against what they're doing. Their argument is transportation. Your counter argument is not transportation. Not right to travel but not transportation.
[01:33:26.480 --> 01:33:43.480]  The reason for that is because the transportation code in general only applies to people in commerce. All the state laws are written such that the transportation code does not apply to travelers.
[01:33:43.480 --> 01:33:59.480]  And so when you sit there and argue that you have a right to travel, it's a moot point. That's not the problem here. They're not trying to license or regulate our right to travel. They are licensing and regulating transportation which is a commercial activity.
[01:33:59.480 --> 01:34:05.480]  And so the response is, I'm not in transportation. I'm not in commerce.
[01:34:05.480 --> 01:34:29.480]  Yeah, I guess I misspoke when I said that I understand that the transportation in the commerce thing. I'm just looking at trying to make life a little easier and not having to because if I ended up in court, I don't think that I really have all my ducks in a row good enough to fight it.
[01:34:29.480 --> 01:34:39.480]  Well, the thing that concerned me was what you said about rescind and revoke and then go and get it again. What exactly is that about?
[01:34:39.480 --> 01:34:44.480]  Well, I guess just...
[01:34:44.480 --> 01:34:48.480]  You're trying to see if you can nullify those fines and fees?
[01:34:48.480 --> 01:35:13.480]  No, no, no. I'm just looking at if... The way it stands right now is they said that they revoked it under their terms. Therefore, say if they said, well, if I was traveling and they said, well, you were driving on a revoked license, that's because it was revoked under their terms.
[01:35:13.480 --> 01:35:16.480]  But if I revoked and rescinded, then I wouldn't be driving on a...
[01:35:16.480 --> 01:35:35.480]  Oh, you missed the point. You're not driving at all. You're objecting. This is exactly my point about not transportation. Driving is a transportation term. I am not driving because I am not in transportation.
[01:35:35.480 --> 01:35:56.480]  Okay. What is the legal definition of transportation? Movement of persons or property by a carrier. Where is any evidence that you have and can produce that shows I was acting in the capacity of a carrier?
[01:35:56.480 --> 01:36:07.480]  If you can't do that, then you cannot assert transportation. Get it?
[01:36:07.480 --> 01:36:21.480]  Yeah, yeah. I understand that. I just don't know if I would be able to bring up all the points and everything and argue it successfully.
[01:36:21.480 --> 01:36:31.480]  Come on. You're the guy that left here the night. The last day of the seminar got stopped by a Texas state trooper and sending packing with nothing more than a book.
[01:36:31.480 --> 01:36:53.480]  That's true. That definitely opened my eyes a lot when I saw that happen. I guess I'm just trying to make life a little easier at this point by getting a license back.
[01:36:53.480 --> 01:37:04.480]  You need to do some research on the licensing laws up there in Michigan to help you figure that out. But if you intend to get it back, that's still not going to change your argument.
[01:37:04.480 --> 01:37:22.480]  You're either going to acquiesce to being wedged into transportation and thus subject to everything that's associated with it or the argument remains, I may be licensed, but I'm not currently using that license because I am not in transportation right now.
[01:37:22.480 --> 01:37:28.480]  It doesn't change the argument whether you have the license or not.
[01:37:28.480 --> 01:37:39.480]  Well, I'll agree with you 100% that it's just that, you know, if you're on your way to go someplace, you may not have to spend the night in jail arguing the point.
[01:37:39.480 --> 01:37:48.480]  Okay. I'll tell you like I told the class, send me to jail because all I'm doing while I'm sitting there is counting up how much money I'm going to get paid.
[01:37:48.480 --> 01:38:04.480]  Going to jail in these issues is going to work for me because I get to sit down and figure out, okay, you've illegally detained me for this many minutes, this many minutes, this many hours, this many hours, this many days, this many days, this many weeks, this many weeks, whatever.
[01:38:04.480 --> 01:38:10.480]  And there's a money value associated with that. They're not going to like to see you in a lawsuit.
[01:38:10.480 --> 01:38:22.480]  But face it, folks, if we're going to turn this around, the wallet's where we have to hit them. And we have to hit them personally, not just officially, personally.
[01:38:22.480 --> 01:38:33.480]  So we either stand up and take the fight to them or we stay where we're at and get mowed under with the rest of the AstroTurf.
[01:38:33.480 --> 01:38:48.480]  So I understand the issue of not wanting to spend the night in jail, but you've got to understand, okay, no fight is won without somebody getting hit.
[01:38:48.480 --> 01:39:05.480]  Yeah, yeah, I agree with that. And I just want to let you guys know too that the Michael Marist method there, it takes an effort, but it works. I could tell you from personal experience.
[01:39:05.480 --> 01:39:07.480]  Alright, good. Anything else?
[01:39:07.480 --> 01:39:13.480]  With Michael, he helped out a lot and we were successful.
[01:39:13.480 --> 01:39:15.480]  Alright, cool. Anything else?
[01:39:15.480 --> 01:39:17.480]  No, thanks a lot.
[01:39:17.480 --> 01:39:20.480]  Thanks, Colin, in there.
[01:39:20.480 --> 01:39:28.480]  Alright, now we're going to go to Matt in Texas, provided my board would jump it around. Alright, Matt, what can we do for you?
[01:39:28.480 --> 01:39:50.480]  So I've got the city attorneys, two of them, I've got proof that neither one of them had an oath of office on file and they both sat in as prosecutors against me. And so I'm drawing up the criminal complaints against each of them.
[01:39:50.480 --> 01:40:09.480]  And the question is, you know, knowing or believing in a way that the district attorney that I'm going to give these to is going to throw them in the trash, how do I go about actually setting up the district attorney to...
[01:40:09.480 --> 01:40:12.480]  If you're going to do that, you have to do it by mail.
[01:40:12.480 --> 01:40:13.480]  Okay.
[01:40:13.480 --> 01:40:32.480]  What you do is you send it to the grand jury via the district attorney's office. Make sure the envelope clearly reads grand jury, grand jury member number one, grand jury member number two, all the way down to number 12.
[01:40:32.480 --> 01:40:40.480]  Do not put the district attorney's name on it anywhere, only his office address.
[01:40:40.480 --> 01:40:43.480]  Okay.
[01:40:43.480 --> 01:40:50.480]  Then you put a separate note in there along with the criminal complaints with a self-addressed stamped envelope.
[01:40:50.480 --> 01:41:13.480]  And that's the grand jury foreman in that note to please write your initials on this sheet because I suspect the prosecuting attorney has a stamp with your entire signature on it, but initial this and send it back to me in the self-addressed stamped envelope and let me know that you receive these complaints.
[01:41:13.480 --> 01:41:15.480]  Please.
[01:41:15.480 --> 01:41:25.480]  If you never get that back, then you have a good indication that the prosecuting attorney intercepted that mail.
[01:41:25.480 --> 01:41:39.480]  So you send another set to the grand jury again, but this time you go through the post office and you inform them that you suspect that there is mail tampering going on in the district attorney's office.
[01:41:39.480 --> 01:41:51.480]  Here's the problem. Can you have an up postal inspector determine whether or not the grand jury or the people it's actually addressed to are actually getting it?
[01:41:51.480 --> 01:41:57.480]  Or is it being opened by someone else?
[01:41:57.480 --> 01:42:01.480]  That puts the feds on the DA's butt.
[01:42:01.480 --> 01:42:03.480]  Okay.
[01:42:03.480 --> 01:42:13.480]  Then the complaint, do I make out copies, like 12 copies of the complaint and send out 12 different letters to grand jury number one, grand jury number number two?
[01:42:13.480 --> 01:42:20.480]  No. You don't have to send out a copy to each grand juror. You're just addressing the envelope to any of them.
[01:42:20.480 --> 01:42:22.480]  Okay.
[01:42:22.480 --> 01:42:24.480]  All right.
[01:42:24.480 --> 01:42:25.480]  Okay.
[01:42:25.480 --> 01:42:30.480]  Okay. All right. Well, I guess that's pretty much it.
[01:42:30.480 --> 01:42:34.480]  And remember, the charge is impersonating a public servant.
[01:42:34.480 --> 01:42:35.480]  Got it.
[01:42:35.480 --> 01:42:36.480]  Okay.
[01:42:36.480 --> 01:42:37.480]  Okay. Thanks a lot.
[01:42:37.480 --> 01:42:40.480]  All right. You're welcome. Have a good night.
[01:42:40.480 --> 01:42:47.480]  All right. Now we are going to go to T in Texas. T, what can we do for you?
[01:42:47.480 --> 01:42:48.480]  Good evening, Hayden.
[01:42:48.480 --> 01:42:49.480]  Hayden?
[01:42:49.480 --> 01:42:52.480]  Good evening, man.
[01:42:52.480 --> 01:42:54.480]  Good evening, T. What can we do for you, man?
[01:42:54.480 --> 01:42:59.480]  Well, hold that thought. We're about to take another quick break.
[01:42:59.480 --> 01:43:04.480]  All right, folks. We are taking our last break here before the show is over.
[01:43:04.480 --> 01:43:06.480]  We still have a few other callers on the board.
[01:43:06.480 --> 01:43:10.480]  Brian in Minnesota, Steven, Florida, Barrett in Idaho is called back in.
[01:43:10.480 --> 01:43:14.480]  We will try to get you guys caught up and wrapped up before we get to the end of the show.
[01:43:14.480 --> 01:43:15.480]  This is Eddie Craig.
[01:43:15.480 --> 01:43:17.480]  There's Stevens, Randy Kelton.
[01:43:17.480 --> 01:43:24.480]  We'll be right back after the break.
[01:43:24.480 --> 01:43:25.480]  Hey, did you hear?
[01:43:25.480 --> 01:43:27.480]  Ron Paul has announced he's running for president in 2012.
[01:43:27.480 --> 01:43:28.480]  It is Ron Paul.
[01:43:28.480 --> 01:43:31.480]  Really? Okay. Put down the cell phone for one minute.
[01:43:31.480 --> 01:43:34.480]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:43:34.480 --> 01:43:37.480]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:43:37.480 --> 01:43:38.480]  Of course you do.
[01:43:38.480 --> 01:43:44.480]  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.
[01:43:44.480 --> 01:43:47.480]  They have all of his books and many of the books he talks about.
[01:43:47.480 --> 01:43:52.480]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:43:52.480 --> 01:43:55.480]  Brave New Books? Did they have Harry Potter and Twilight?
[01:43:55.480 --> 01:44:01.480]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:01.480 --> 01:44:04.480]  Ugh, that sounds like that show on the Discovery Channel.
[01:44:04.480 --> 01:44:11.480]  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.
[01:44:11.480 --> 01:44:12.480]  What are you doing?
[01:44:12.480 --> 01:44:18.480]  I'm tweeting all my friends that they should go to BraveNewBookStore.com or down to the bookstore in person. Where's it located?
[01:44:18.480 --> 01:44:20.480]  1904, Guadalupe Street.
[01:44:20.480 --> 01:44:22.480]  There, it's sent. I even made a smiley face.
[01:44:22.480 --> 01:44:26.480]  Great.
[01:44:26.480 --> 01:44:30.480]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:46.480 --> 01:45:51.480]  Hi, folks. We are back. This is ruleoflawradio. We are in the last segment of the show.
[01:45:51.480 --> 01:45:56.480]  Right now, we have T in Texas. All right, T, let's finish up. What you got?
[01:45:56.480 --> 01:46:07.480]  Okay. The statute of limitation that you will use for proceedings with that fall under Article 12.02 of the Code of Criminal Procedure.
[01:46:07.480 --> 01:46:09.480]  No, wait. Say that one more time.
[01:46:09.480 --> 01:46:19.480]  The statute of limitation for proceedings with that fall under Article 12.02 of the Code of Criminal Procedure.
[01:46:19.480 --> 01:46:24.480]  If that's where it's talking about statute of limitations for particular offenses, yes.
[01:46:24.480 --> 01:46:25.480]  Okay.
[01:46:25.480 --> 01:46:34.480]  But the question here is, what are you using as far as the statute of limitations? What's the issue you're arguing limitations on?
[01:46:34.480 --> 01:46:37.480]  Well, it's been more than two years.
[01:46:37.480 --> 01:46:41.480]  Okay. Here's the thing, though, about the statute of limitations.
[01:46:41.480 --> 01:46:47.480]  The statute of limitations starts when the citation is issued or the complaint is filed.
[01:46:47.480 --> 01:46:54.480]  They have up to two years to do that, okay, to actually file the complaint.
[01:46:54.480 --> 01:47:02.480]  So, from the day the citation was issued, they have up to two years to file a complaint.
[01:47:02.480 --> 01:47:11.480]  Then they have X number of months to do an actual prosecution, and it still must be within the two years.
[01:47:11.480 --> 01:47:16.480]  If it's not, then the whole thing is gone. You follow?
[01:47:16.480 --> 01:47:20.480]  Okay. And about the indictment, you know, information.
[01:47:20.480 --> 01:47:25.480]  Same thing. You can't do either of those until a complaint's been done.
[01:47:25.480 --> 01:47:26.480]  Okay.
[01:47:26.480 --> 01:47:33.480]  So, if a complaint has never been issued and the statute of limitations has run, they've got a problem.
[01:47:33.480 --> 01:47:42.480]  If a complaint was issued and no charging instrument was ever presented to a court, statute of limitations is run.
[01:47:42.480 --> 01:47:55.480]  Now, the only thing that would toll it is if a warrant for arrest was issued in relation to the complaint and a notice to appear in court, and no one did.
[01:47:55.480 --> 01:47:59.480]  Okay. I understand.
[01:47:59.480 --> 01:48:07.480]  The next question I have is when I went to court and they said, I didn't show up.
[01:48:07.480 --> 01:48:13.480]  You know, they told me to get the copy of the judge's order.
[01:48:13.480 --> 01:48:24.480]  What if he signs a cape here and, you know, have any of the court watches there with me? What should I do?
[01:48:24.480 --> 01:48:26.480]  He signs a capious?
[01:48:26.480 --> 01:48:33.480]  Right. Like, he told me he would reset it, but they sent me a letter saying that I...
[01:48:33.480 --> 01:48:43.480]  You still, if this is what we talked about in class yesterday about you leaving before they gave you a signed copy of the reset order, go back to the clerk and demand a copy of it.
[01:48:43.480 --> 01:48:47.480]  Okay. And what if they don't have that?
[01:48:47.480 --> 01:48:56.480]  And you tell them, well, you need to go see the magistrate that reset this. It was judged so-and-so. I want a signed order saying it was reset.
[01:48:56.480 --> 01:49:10.480]  Okay. Cool. And the last question is, can you in a motion request complain and citation if you already set for trial, like trial by jury?
[01:49:10.480 --> 01:49:19.480]  Sure you can, as long as you're not within seven days of trial and you haven't already had your motions hearing them because they're going to sit there and try to say, you've had one motion hearing, it's all you get.
[01:49:19.480 --> 01:49:31.480]  You know what? That's not true in any other criminal case. If new information becomes available that challenges the jurisdiction of the court, then you can file. So file them.
[01:49:31.480 --> 01:49:34.480]  Okay. All right. I appreciate it.
[01:49:34.480 --> 01:49:35.480]  Yes, sir. No problem.
[01:49:35.480 --> 01:49:36.480]  Thanks, sir.
[01:49:36.480 --> 01:49:37.480]  All right.
[01:49:37.480 --> 01:49:38.480]  I'm going.
[01:49:38.480 --> 01:49:39.480]  You too.
[01:49:39.480 --> 01:49:47.480]  All right. That takes care of that. We got Steve in Florida. Steve, what can we do for you?
[01:49:47.480 --> 01:49:50.480]  Hey, Eddie. Hey, Debra.
[01:49:50.480 --> 01:49:58.480]  It's great that we're-obviously we kind of got the defending thing down. The thing that I've been kind of wanting to work on here is prosecuting these guys.
[01:49:58.480 --> 01:50:04.480]  And here's something I wanted to get your take on under, like, say, a 42-1983 suit in federal court.
[01:50:04.480 --> 01:50:13.480]  I would much rather-it's what I'm trying to do is keep from getting the corporation involved into and just go after the defendants in their individual capacity.
[01:50:13.480 --> 01:50:15.480]  You understand where I'm going with this?
[01:50:15.480 --> 01:50:16.480]  Why?
[01:50:16.480 --> 01:50:19.480]  I don't want to really get the county and the city and you could call them-
[01:50:19.480 --> 01:50:21.480]  Why? That's where the pockets are.
[01:50:21.480 --> 01:50:29.480]  Well, I think they'll bring them in is kind of where I'm going at. I want to stay away from their lawyers. This is the strategy I'm thinking on, so I'm kind of ready for-
[01:50:29.480 --> 01:50:40.480]  ready to be able to stay away from the lawyers. Whenever you sue public servants in their capacity, their proper capacity or personal capacity, they always bring in their employer.
[01:50:40.480 --> 01:50:51.480]  They always cry out, qualify immunity, and they always get the states or the county or federal attorneys to defend them. It happens every time.
[01:50:51.480 --> 01:50:53.480]  You're not going to be able to avoid it.
[01:50:53.480 --> 01:51:05.480]  Okay. I don't know. The way I understand it, if you sue them in individual capacity, wouldn't it kind of be like a conflict of interest for them to get their employers to hire their lawyers for them?
[01:51:05.480 --> 01:51:22.480]  No, because what happens is that if you're suing them over actions they took in their capacity as acting in a public servant, as a public servant, then they have the right to go to their employer being the state
[01:51:22.480 --> 01:51:27.480]  and ask for help for a defense for reasons of qualified immunity.
[01:51:27.480 --> 01:51:30.480]  You have to sue them in both capacities as the public.
[01:51:30.480 --> 01:51:31.480]  Yes.
[01:51:31.480 --> 01:51:45.480]  The act they perpetrated was under the cover of a color of law, meaning their official capacity. Therefore, the act itself you're suing for was done under the ruse of an official authority.
[01:51:45.480 --> 01:51:46.480]  Okay.
[01:51:46.480 --> 01:51:50.480]  You can't get out of having both involved.
[01:51:50.480 --> 01:51:55.480]  Yeah, I didn't think I would. I was just kind of hoping like just for complaint purposes.
[01:51:55.480 --> 01:52:00.480]  Okay, so the word you're saying doesn't make any difference whether you put them down or not. You're still going to end up with them.
[01:52:00.480 --> 01:52:08.480]  Do you know if you don't put down both capacities, your suit will get dismissed?
[01:52:08.480 --> 01:52:14.480]  So if you're suing the actors under individual capacity, you're saying that you need to put the corporation on there too.
[01:52:14.480 --> 01:52:19.480]  Well, you want to anyway because they are the ones that have the money.
[01:52:19.480 --> 01:52:24.480]  I understand. And I kind of thought they would more or less bring them in for you.
[01:52:24.480 --> 01:52:36.480]  The only way you can omit the corporate side and do only their personal capacity is if you can show that they were acting entirely in a personal capacity.
[01:52:36.480 --> 01:52:37.480]  Okay.
[01:52:37.480 --> 01:52:55.480]  So what they'll do is they will file a motion to dismiss based on qualified immunity and they'll say that their employer is responsible for their actions as a public servant pursuant to the respondee at superior doctrine and that they are not responsible
[01:52:55.480 --> 01:53:03.480]  and that since you didn't name their employer as a co-defendant, that the entire case should be dismissed.
[01:53:03.480 --> 01:53:04.480]  And they'll get it.
[01:53:04.480 --> 01:53:11.480]  So you need to include the state also. You have to or you're likely going to lose the case.
[01:53:11.480 --> 01:53:26.480]  Now, say for example, a police officer in his off-duty time when he was not on the clock, not in his uniform, in his own car, got in an accident with you and it was his fault.
[01:53:26.480 --> 01:53:36.480]  Then you can sue that person in their proper capacity as an individual and not include the state because the state had nothing to do with it.
[01:53:36.480 --> 01:53:40.480]  They weren't even on the clock at the time. It's a private civil argument.
[01:53:40.480 --> 01:53:46.480]  That's the only time that you can get away with suing them personally without bringing the state.
[01:53:46.480 --> 01:53:48.480]  And I don't mean suing them in their proper capacity.
[01:53:48.480 --> 01:53:50.480]  Yeah, domestic issues, labor issues.
[01:53:50.480 --> 01:53:53.480]  You actually can't sue them in their proper capacity.
[01:53:53.480 --> 01:53:58.480]  I misspoke. You sue them in their personal capacity but you can't sue them in their proper capacity.
[01:53:58.480 --> 01:54:06.480]  Folks, people who put your name and other people's names in up or lower case in the head of a document, don't do that.
[01:54:06.480 --> 01:54:09.480]  You can't go into court in the proper capacity.
[01:54:09.480 --> 01:54:12.480]  The court will not recognize you that they'll choose a failure to appear.
[01:54:12.480 --> 01:54:19.480]  If you try to sue someone in their proper capacity or if you try to appear in your proper capacity, the court will not recognize you.
[01:54:19.480 --> 01:54:26.480]  You have to appear in your federal capacity in all upper case.
[01:54:26.480 --> 01:54:33.480]  All right. And so what I actually meant was you sue them in their personal capacity over a private civil argument.
[01:54:33.480 --> 01:54:41.480]  But you can't only sue them in their personal capacity if they were acting in their capacity as a public servant.
[01:54:41.480 --> 01:54:44.480]  You just can't do it. You'll get thrown out.
[01:54:44.480 --> 01:54:51.480]  So your ideology would be to list the corporations and then also the inter-individual capacity also, right?
[01:54:51.480 --> 01:54:54.480]  Yes, absolutely. Absolutely.
[01:54:54.480 --> 01:55:01.480]  Yeah, in their personal and individual capacities. That lets you attach their personal belongings and value of items.
[01:55:01.480 --> 01:55:05.480]  And also the goal was is I'm trying not to have 100 defendants too. So I'm trying to...
[01:55:05.480 --> 01:55:06.480]  Why not?
[01:55:06.480 --> 01:55:08.480]  These cases always will have...
[01:55:08.480 --> 01:55:13.480]  Why not? I have a suit in federal court right now. We have 14 defendants.
[01:55:13.480 --> 01:55:23.480]  We have the state of New Mexico, the former governor of New Mexico, the United States itself, the Department of Agriculture,
[01:55:23.480 --> 01:55:30.480]  the U.S. Forest Service, the secretary of the Department of Agriculture, the chief of the Forest Service,
[01:55:30.480 --> 01:55:37.480]  a bunch of Forest Service employees, and Obama. I mean, we've got 14 defendants.
[01:55:37.480 --> 01:55:39.480]  Now you want a bunch of defendants.
[01:55:39.480 --> 01:55:44.480]  Okay. Well, my thoughts on that. Does that mean you didn't have to deal with all these lawyers and wouldn't they kind of bombard you so hard
[01:55:44.480 --> 01:55:51.480]  with maybe, I don't know, admissions or something that might bog you down so bad you hardly get your case off the ground if you have 100 defendants?
[01:55:51.480 --> 01:56:00.480]  Well, not necessarily because what will happen is most of the defendants, many of the defendants, will group together and have one attorney to represent them.
[01:56:00.480 --> 01:56:04.480]  So you'll probably only have to deal with about three or four attorneys, really.
[01:56:04.480 --> 01:56:10.480]  Okay. That's a good point. Good point. Just trying to figure out strategy here, a way to do this being, you know, we're not attorneys,
[01:56:10.480 --> 01:56:13.480]  so I'm just trying to make it as easy that we yet still be effective.
[01:56:13.480 --> 01:56:19.480]  And so I'm trying to come up with some strategy ideas that might make it easy for all of us to figure out how to do this on our, as pros say,
[01:56:19.480 --> 01:56:22.480]  whatever word you want to use. So I'm just...
[01:56:22.480 --> 01:56:29.480]  Well, here's the general rule of thumb, and this goes according to, like, the Federal Tort Claims Act, for example.
[01:56:29.480 --> 01:56:44.480]  If a public servant acts outside the scope of his employment, in other words, he or she violates the law, violates your civil rights by, like, say, illegal search and seizure,
[01:56:44.480 --> 01:56:54.480]  false arrest, false imprisonment, assault, battery, these kinds of things, those are considered actions that are outside the scope of their employment.
[01:56:54.480 --> 01:57:04.480]  However, the actions are within the scope of his duties if the person did it, if the public servant did it while they were on the job,
[01:57:04.480 --> 01:57:12.480]  like, say, during the course of their normal duties, like regulating traffic or, you know, dealing with that sort of thing,
[01:57:12.480 --> 01:57:22.480]  making sure and enforcing transportation code. If that's a normal part of their duties and they're on the job at the time that they committed these crimes against you,
[01:57:22.480 --> 01:57:29.480]  they're considered to be acting within the scope of their duties, but outside the scope of their employment,
[01:57:29.480 --> 01:57:39.480]  and in those situations, the employer is responsible and the employee is also responsible. So that's a general rule of thumb.
[01:57:39.480 --> 01:57:42.480]  Very good. I knew you guys would have some good answers on that.
[01:57:42.480 --> 01:57:46.480]  Okay, great. All right, we're at the end of the show here. Thanks, Steve.
[01:57:46.480 --> 01:57:48.480]  Uh-huh. Bye-bye, guys.
[01:57:48.480 --> 01:57:53.480]  Hi, Barrett. Sorry we didn't get to you there. Uh, thanks for calling back in.
[01:57:53.480 --> 01:57:58.480]  Folks, this has been the Monday Night Rule of Law radio show. I've been your host, Eddie Craig.
[01:57:58.480 --> 01:58:04.480]  Thanks so much to Deborah Stevens for all her help tonight and for Frank for answering our call or board for us.
[01:58:04.480 --> 01:58:12.480]  Thanks for listening. We appreciate your support. Please go to the new website and give. We really need you. Okay?
[01:58:12.480 --> 01:58:18.480]  Thank you and God bless and have a good night and a good week. Merry Christmas. We'll see you Thursday.
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